Trial begins for man who allegedly shot officer last year
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The man accused of attempting to murder rookie NYPD officer Brett Boller is on trial in Queens this week. File photo via fundthefirst.com
By Noah Powelson
Queens’ Criminal Courthouse was packed with police officers on Thursday as the trial for a 23-year-old accused of shooting a rookie cop in the leg last year began.
Devin Spraggins was indicted and arraigned in May 2023 for the alleged attempted murder of rookie NYPD officer Brett Boller. Boller had attempted to arrest Spraggins after an alleged assault took place on April 5, 2023, and was shot following the confrontation and chase.
His trial, which began this week, appears to be centered around one question – did Spraggins pull the trigger of his illegal gun in an attempt to kill the NYPD officer or in a desperate attempt to escape arrest? That’s what Spraggins’ attorney and prosecutors appeared to be arguing over during the trial’s opening statements on Thursday.
Much of the well-documented facts of the case are not in dispute between the defense and prosecution. Both agree that a physical altercation took place between Spraggins and a 42-year-old man on a bus, and that Spraggins fled when Boller and his partner entered the scene. Most importantly, both sides agree Spraggins shot Boller during the chase.
Where the two sides disagree is whether the fired bullet was only meant to scare or harm Boller, or if it was a deliberate choice to murder an officer.
During the chase, Spraggins stumbled while grabbing his gun, accidentally unloading the magazine onto the ground. When Boller caught up to Spraggins, the gun was empty save for one bullet that was still in the chamber.
Video surveillance showed Boller chasing a fleeing Spraggins and attempting to restrain him, and Boller suddenly collapsing to the ground after being shot.
Immediately after, Spraggins is seen on video with his arm extended outwards pointing what appears to be a firearm at someone out of view of the camera. This moment, and why Spraggins pointed his empty gun at the officers, will be at the center of both sides' arguments, prosecutors said Thursday.
The prosecution laid out their argument for Spraggins actions: he sought to execute Boller, they said. They argued that the rookie police officer was lying on the ground with a bullet in his leg not because of any accident, but because of a series of calculated decisions Spraggins made with the intention to end his life, and the life of his partner.
“Boller is alive not because the defendant did not try to kill him, but because he tried and failed,” an assistant district attorney told the jury.
Boller was rushed to Jamaica Hospital Medical Center after Spraggins fled the scene. He suffered a gunshot wound to the leg and underwent three surgeries and survived. He currently is on desk duty while he recovers.
Boller’s partner on the scene was not injured, but left the force shortly after the shooting.
Both Boller and his partner are expected to testify during trial.
Spraggins’ attorney gave a brief opening statement afterward asking the jury to keep an open mind and consider Spraggins’ intentions throughout the incident. The defense said Spraggins' intention during that moment was always to escape, and the gunshot was fired blindly in order to harm, not kill, Boller.
The defense argued that the most important facts of this case are not the video evidence or witness testimony, but Spraggins’ own intentions. The defense said they aim to prove Spraggins actions were only meant as a means to escape, and Spraggins “mind went blank” after Boller was shot, which is why he continued to pull the trigger of an empty gun.
Spraggins intends to take the stand himself to explain his own mindset and intentions during the shooting.
“I’m asking you, I’m praying, that you wait until the end before passing judgment on Devin Spraggins,” the attorney told the jury.
The case has already drawn a wave of support for the shot rookie police officer from the law community, including in public statements from Queens District Attorney Melinda Katz and NYPD Chief of Detectives James Essig.
“The brazen shooting of a police officer in broad daylight will not go unanswered.” Katz said in a statement at the time of the shooting. “We will not let up in our efforts to get guns off the street and keep our officers and communities safe.”
Katz herself was in attendance during opening statements, watching the proceedings from the front row alongside the dozens of NYPD officers who filled the seats and lined the walls of the courtroom. In a show of police solidarity that mirrored Spraggins arraignment in May 2023, an overflow room in the neighboring courtroom was opened to accommodate the high attendance.
“It’s difficult to describe an incident when you hear, ‘officer shot.’” Essig, who worked with Boller’s father for many years, said during a press conference after the shooting took place. “There’s just so many emotions that go through you when that happens.”
Boller was on the force for a little more than three months before his confrontation with Spraggins.
In addition to murder in the first degree, Spraggins faces additional charges of assault, criminal possession of a weapon, and others. Additionally, since the alleged crimes were committed against a police officer, Spraggins faces much higher penalties if convicted.
Spraggins pleaded not guilty to all charges issued against him. Queens Supreme Court Justice Kenneth Holder is presiding over Spraggins’ case.
If convicted, Spraggins faces up to 40 years to life in prison.
