Grand jury says cop's fatal punch to motorist Michael Murphy was self-defense

BY ROCCO PARASCANDOLA 
DAILY NEWS POLICE BUREAU CHIEF Friday, April 29th 2011, 4:00 AM

Read more: http://www.nydailynews.com/ny_local/2011/04/29/2011-04-29_grand_jury_sez_cops_fatal_punch_was_selfdefense.html#ixzz1KyOyRtiD

A Queens grand jury decided not to indict a cop involved in a road rage clash that left a 53-year-old motorist dead, the Daily News has learned.

Michael Murphy died April 10, 2010, just over a week after a confrontation with off-duty Officers Frankie Solerand Richard Pimental.

Police said the cops were heading to work at the 110th Precinct when a drunken Murphy rammed their car on the Grand Central Parkway. Murphy later hit Soler with a baseball bat after he was pulled over on Queens Blvd., police said.

Soler acted in self-defense, landing a punch that sent Murphy crashing to the ground, police said. He hit his head and died eight days later.

George Stavropoulos, the lawyer representing the dead man's widow in a suit against the NYPD, said six witnesses recalled Murphy standing with his hands at his sides when Soler sucker-punched him.

The Queens district attorney's office called Murphy's death "tragic," but said the decision not to indict was based on the facts. Soler's lawyer Stephen Worth said the officer was "grateful" the grand jury decided he did nothing wrong.

Murphy's widow said authorities covered up an assault.

"My husband's dead and nobody is responsible," said Alane Avallone. "How can that be?"

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