The former rookie cop convicted in the 2014 shooting death of an unarmed man in a housing-project stairwell dodged prison Tuesday — as his victim’s angry kin warned that “justice will be served one way or another.”
Brooklyn Supreme Court Justice Danny Chun largely followed the no-jail recommendation of Brooklyn District Attorney Ken Thompson in sentencing ex-Officer Peter Liang to five years probation and 800 hours of community service for the death of Akai Gurley.
Chun also downgraded the jury’s finding on manslaughter to criminally negligent homicide.
There is “no evidence, either direct or circumstantial, that the defendant was aware of Akai Gurley’s presence and therefore disregarded any risk [to him],’’ Chun explained.
The lesser charge is still a felony and keeps Liang off the force. It carried a maximum of four years in prison, while manslaughter would have meant up to 15 years.
Liang and his partner were doing a sweep of an apartment building at the crime-riddled Pink Houses in East New York around 11:15 p.m. on Nov. 20, 2014, when a steel door slammed, apparently startling him.
He had his service-issued .9mm Glock out, and it went off. The bullet ricocheted off the wall and struck Gurley, who was on the landing below, in the chest.
The judge said he agreed with Thompson’s no-jail recommendation because “as I watched the video of the defendant entering the lobby of the Pink Houses, I couldn’t help but feel he was entering with the serious mind of protecting the people.
“Shooting somebody never entered his mind,’’ Chun said. “I find incarceration to be unnecessary.”
Gurley’s aunt, Hertencia Petersen, raged after court, “So you’re telling me it’s OK for a black man in America, good ol’ America, to get murdered, and these officers who took an oath to serve and protect are not being held accountable?
“But don’t worry, what goes around, comes around,’’ she said. “Sooner or later, Peter Liang, if not him in his lifetime, someone in his family, is going to feel our pain.”
Before his sentencing, the soft-spoken Liang apologized to both Gurley’s girlfriend and the mother of his 3-year-old daughter.
“I’m not a man of many words. The shot was an accident,’’ the 28-year-old insisted.
But the girlfriend, Melissa Butler, who desperately tried to perform CPR on the dying Gurley, told Liang in an emotional victim-impact statement, “Akai took his last breath and died in my hands. I’m suffering while you still have your life.’’
Kimberly Ballinger, the mother of Gurley’s daughter, added, “I will never forget the words of [Mayor] de Blasio when he said [Gurley] should still be alive.”
“We are happy that the judge reduced the charge from reckless manslaughter to criminally negligent homicide, and that he decided to sentence Peter to probation,” Liang’s trial attorney Robert E. Brown told the Post. “We still intend to appeal, as we feel that the incident was a tragic accident, but not a crime.”
More than 200 extra cops — including those from the NYPD’s counterterrorism unit — were stationed outside the courthouse as throngs of supporters and protesters screamed and waved signs during and after the proceeding.
Thompson, who was attacked from both sides over the case, shocked court observers and didn’t show up. He later vowed in a statement to appeal the downgraded charge.
Liang showed no emotion throughout the proceeding.
The former cop was quickly whisked off afterward in a car escorted by a police cruiser with its siren on.
He had prepared for the worst — getting together money for bail, a source said, “He was relieved he didn’t have to go to jail,’’ another source said, adding that the former cop was set to spend time with his family, including his parents and wife.
His wife attended court Tuesday — the first time she was present for any of the proceedings, the source said.
Liang lawyer Paul Shechtman said his client now has to hash out with his parole officer where he will do his community service.
He said he and Liang have already talked about him working with children.
“I don’t think any of us have expected a better outcome,’’ Shechtman told The Post.
Still, he said they would appeal the conviction.
Prosecutors had argued that Liang breached department protocol by having his finger on the trigger. Liang and Landau also spent several minutes after the shooting arguing over who would call in the shooting instead of rushing to Gurley’s aid.
Both Liang and Landau testified that they didn’t jump to the dying man’s aid because they lacked proper CPR training.
The Police Academy instructor who was supposed to have taught them the life-saving technique has since been stripped of her badge and gun while the department probes the allegation.
Additional reporting by Larry Celona
