David Martin Godosky

EUGENE SIMS A/K/A JAMES SMALL v. THE CITY OF NEW YORK and SGT. SEAN O’BRIEN, Individually and as an NYPD OFFICER.

David Godosky represented Eugene Sims.

Corporation Counsel for the City of New York, represented the defendants.

On April 6, 2009, Eugene Sims was driving on Marcus Garvey Boulevard near Ellery Street in Brooklyn, NY. Having seen an acquaintance at the corner, he parked his car (Escalade) at the corner and was talking to his friend about basketball and tickets. Sgt. Sean O’Brien of the Brooklyn North Narcotics Squad was patrolling the area with two other officers in an unmarked vehicle. Sg. O’Brien claimed that he saw Sims "adjust his waistband" and he informed his fellow officers that he believed Sims had a gun and to stop the car.

The officers exited their vehicle and approached the two men. Sims, seeing the officers approaching, turned towards Ellery Street and ran. Sims had previously served just under 10 years in a Federal penitentiary on a narcotics conviction. After his release he was arrested on another matter in N.Y. County. Having failed to appear in court on the new matter and having not reported for his post-release supervision, Sims was aware that he had both State and Federal warrants outstanding. Additionally, Sims had purchased marijuana that evening, which he had on his person, as well as several false identification cards, including credit cards and a New Jersey driver’s license with a fake identity. Sims, knowing all this, did not want to have any contact with the authorities.

Sgt. O’Brien gave chase and tackled Sims after 2 blocks, at the corner of Ellery Street and Beaver Street. A struggle ensued with Sgt. O’Brien on top of Sims’ back while Sims was face down to the ground. Sgt. O’Brien demanded to know "Where’s the gun? Where’s the Gun?" Sims insisted he did not have a gun, only marijuana.

Sims was waiting to be arrested while he lay face down on the sidewalk. Sgt. O’Brien claimed that at this time Sims produced a firearm in his left hand and pointed it over his right shoulder towards Sgt. O’Brien. Sgt. O’Brien claimed he grabbed Sims’ hand with the gun until he could grab his own gun. O’Brien then fired one round into the right flank of Sims. The bullet lacerated Sims’ kidney, fractured a rib and lodged in Sims’ spine. As a result, Sims suffered T12 complete paraplegia. Sims denied that the gun, produced by Sgt. O’Brien, was his or that he ever possessed it.

Sims was prosecuted for the weapon charges, assault on a police officer and obstructing governmental administration. Testing demonstrated that Sims’ DNA was on the gun handle, hammer and cylinder. The statistical match, as testified to by the criminalist from the Office of the Chief Medical Examiner of the City of New York, was 2.82 billion to one that the sample came from Mr. Sims. Nevertheless, Sims was acquitted of the charges after a jury trial more than 2 years after his arrest. An independent witness, who observed the struggle from his apartment window, testified that he did observe a weapon in Sims’ hand at any time.

In 2015, after a three week trial in Supreme Court, Kings County, before the Honorable Sylvia Ash, a jury found Sgt. O’Brien had used excessive force against Eugene Sims and also found the defendants liable for false arrest and violation of Sims’ civil rights under §1983 of United States Code.

The jury awarded Sims total compensation in the amount of 25.2 million dollars. This included $16.5 million for pain and suffering and $8 million for future medical care.