A wrongful death lawsuit will be filed Thursday against the city and cops who unleashed a 73-shot fusillade against an armed thug that killed an innocent Brooklyn mom, the Daily News has learned.
Denise Gay’s last act before she was shot in the head on the porch of her Crown Heights home was pushing her niece to safety as the gunfire erupted.
The NYPD has confirmed the bullet that killed 56-year-old Gay did not come from the handgun of the thug who had already killed one man and was firing at cops.
But police have not taken responsibility for her death because the ballistic tests were inconclusive — although the fatal round did come from a 9-mm. gun, which the cops were using.
NYPD spokesman Paul Browne did not return requests for comment.
“We intend to prove to a jury it was a police bullet fired negligently in a barrage of 73 shots that killed this innocent bystander just sitting on her stoop enjoying life,” lawyer Sanford Rubenstein said.
The victim’s brother, Leslie Gay Jr., said he was using the lawsuit to search for answers and closure.
“I’ve thought about what her last moments were like and I think of her pushing her niece inside the door saving her life,” Gay, 62, of Maryland, told The News.
Denise Gay’s death capped a bloody Labor Day weekend last September. More than 60 people were shot and violence marred Brooklyn’s annual West Indian Day parade, which drew thousands not far from where Gay died.
Leslie Gay said his sister was steering clear of the festivities on purpose. “She said the parade scared her and she didn’t want to take part in it,” he said.
Brooklyn prosecutors have charged Leroy Webster, 29, with two counts of murder — the fatal shooting of Gay and neighborhood resident Eusi Johnson .
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