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Updated 01/02/2012 06:22 PM

Special investigator urged for deadly police shooting

By: Lori Chung

An Albany councilman is raising questions about what the dashboard camera captured during a deadly police shooting in the city's south end and who should be handling the investigation. Our Lori Chung reports.

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ALBANY, N.Y. -- "It would be good for everyone if it’s fair, if it’s impartial and it’s just," said Lester Freeman, 2nd Ward Councilman, who wants an independent investigator should look into the deadly police shooting of Nahcream Moore, 19, particularly because of concerns over what the dashboard camera was able to record.

"From what I understand, there is no video footage and I’ll stand with that until it’s proven otherwise. And from what I understand, there is no audio," said Freeman.

Freeman says he hasn't seen the video himself, but believes that the shooting happened off camera while the officer's microphones were turned off.

During a testy press conference last week, Police Chief Steven Krokoff informed residents that the dash cam was rolling during a traffic stop that turned deadly when Moore allegedly struggled with two officers and drew a gun.

"I have not had a chance to review that, but we are in possession of video," Krokoff said Thursday.

An internal investigation is now underway within the department. The District Attorney is also holding an investigation. But legal expert Paul DerOhannesian says it's up to those officials how to proceed.

"The DA may conduct a joint investigation or a separate investigation. The DA may or may not take it to the grand jury," he said.

Their findings ultimately will decide whether there's any civil or criminal liability or if recordings weren't activated, whether disciplinary action will be appropriate.

"That’s an example of one of many issues that will be looked at administratively," said Paul DerOhannesian. "The department has specific rules on when video or audio recordings must be made and the equipment must be turned on."

Mayor Jerry Jennings declined to comment on whether an independent investigator will be called in, but Freeman says he's hoping to convince other council members to back those calls this week.