Metro

Bystander shot in Empire State gun battle sues cops

A North Carolina college student injured during the wild police shootout with a gunman at the Empire State Building last August is suing the city — saying NYPD officers created a “dangerous and deadly confrontation” that resulted in nine wounded bystanders.

Chenin Duclos, 32, was crossing at 34th Street and Fifth Avenue at about 9 a.m. on Aug. 24 when cops chased shooter Jeffrey Johnson through the crowded streets, the complaint states.

Her Manhattan Supreme Court suit, filed yesterday, names the city, the Police Department and Officers Craig Matthews and Robert Sinishtaj as allegedly responsible for failing to “exercise proper police tactics and procedures during the incident.”

The suit describes the chaos that ensued after Johnson executed former co-worker Steven Ercolino.

“Chenin Duclos was shot by a bullet fired from the gun of one of the individually named police officers while frantically running to get away from the bedlam and hysteria that was unfolding on the street around her,” the suit states.

“The gunshot hit Ms. Duclos with such force that she was thrown to the ground. She remained in the crosswalk, shot, motionless, fearing for her life.”

The stray bullet, one of 16 shots fired before Johnson was fatally struck, “completely destroyed” the woman’s femur, the complaint says.

“I have pain associated with certain movements: sitting in low chairs, squats, putting on socks,” Duclos told reporters with her attorneys in Garden City, LI.

Duclos is working toward her Ph.D. in physical therapy at the University of North Carolina. She said she has had to postpone her graduation because of the injuries.

Her attorney said the suit was brought with an eye toward reforming the police department.

“We hope to bring about changes to the training of NYPD officers,” lawyer Amy Marion said. “They should know exactly how to use these weapons.”

Johnson had been fired from an import company where he worked with Ercolino, a salesman. Johnson laid in wait outside the iconic building and fired five shots at Ercolino.

Police caught up with Johnson around the corner on Fifth Avenue, killing him in the hail of bullets.

“These officers had to make split-second decisions in dealing with a life-threatening situation presented by an armed gunman who had just killed someone,” city Corporation Counsel Michael Cardozo said in a statement.“The state’s highest court has recognized that police officers’ split-second decisions to use deadly force must be protected from this kind of second-guessing. To allow otherwise would have a chilling effect on the ability of our police to enforce the law and would put the lives of police officers and the public at risk.