The incident

On August 26,2014 U.S. Marshals and NYPD executed a late night arrest warrant in Queens NY; that was 24 years old. The warrant was from the state of Virginia. The marshals were executing a warrant for a person they assumed was a fugitive from justice.

U.S. Marshals and media reports state that Oswald Lewis fired upon the marshals as they entered the first floor apartment 144-47 175 St, and marshals fired back striking Oswald in his left wrist. However, after reviewing the case, it is clear that this was no way near the truth of what took place.

Neither the marshals and ATF testimony statements nor trial testimony could not point to any physical evidence to support their false allegations of a hostage situation inside the apartment, or Oswald Lewis meeting marshals in a hallway, or even Oswald Lewis firing upon the marshals. The facts of the case proves that Oswald Lewis was shot first as he opened a bedroom door after hearing the front door being taken off the hinges by law enforcement, who he though were intruders. Oswald was abruptly shot while his hands were extended in a shielding position consistent to the bullet wound to his left wrist where the bullet lodged in his elbow. 

After Oswald was shot by the US Marshal, he closed the bedroom door, and began screaming for help, saying “somebody’s trying to kill me”.  U.S. Marshals opened a barrage of bullets on the closed bedroom door where Oswald took cover.  Even while he was screaming for help, the shooting continued. This fact is supported by 911 callers and ballistic evidence found inside the apartment. 

Professor Deforest, a renown forensic expert who investigated the crime scene discovery evidence after the shooting incident, stated in a court submitted affidavit that all the shots fired in the apartment were from U.S. Marshals firing toward the direction of Oswald, toward the closed bedroom door and that there was no physical evidence of Oswald shooting towards the direction of the US marshals. Oswald’s conduct appeared to be based on fear after he was shot and the marshalls continued to fire upon him. 

The evidence shows Oswald fired two warning shots, one round in the air outside the back window and one into the air conditioner unit, which caused a loud explosive sound. This appeared to make the intruders, who turned out to be law enforcement, exit the apartment. Oswald never fired toward the closed bedroom door.

Under New York law of justification defense this would not even be consider a crime, because the New York Penal law 35:15 is clear; on being the subject of a hostile attack against his person, one is entitled to use reasonable force. 

This is just what Mr. Lewis did.  He apparently fired warning shots instead of shooting towards the intruders. The New York penal law is directed towards negating the element of criminal intent. Mr. Lewis’ lawyer Robert Feldman could have easily established this with the available evidence but was denied by the court the opportunity to represent Mr. Lewis, without any rational reason, in light of all the facts the court had to consider. 

Because this case involves law enforcement, it took on a whole different direction, and of course, Oswald was the easy scapegoat.  As he was in possession of firearms and bullet proof vest, it was easy for law enforcement to place the blame on him,  although he explained the apartment was not his and the firearm and vest was actually in the bag that was left there by a former correction officer who Lewis knew for years. Lewis did not know it was unregistered and never thought that something like this would take place. 

Sad fact is that Oswald was blamed for the US Marshals unreasonable late night seizure that was the causation of the entire incident. 

After the shooting incident, Oswald exited the apartment wearing a bulletproof vest with his hands up, holding his injured hand. Marshals assaulted Oswald while he was on his knees and handcuffed his injured hand purposely to cause pain.

While handcuffed, a US Marshal assaulted Oswald with kicks to the face that caused his facial injuries. US Marshals then re-entered the apartment to do what they claim was a protective sweep. They rearranged the exculpatory nature of the incident location and placed their own 40 caliber shell casing underneath the firearm they placed on a dresser close to the bedroom door, to cover up the bad shoot and their late night unlawful entry inside a third party’s home.

Law enforcement passed untrue statements onto media outlets which painted Oswald Lewis in a completely different light. This website contains all the factual documented evidence in court records and police reports which the jury in Oswald Lewis’ trial never even heard.

He was acquitted of attempted murder while acting as his own attorney without even presenting much of a defense.Dr. Deforest, the expert witness that was supposed to testify on Oswald’s behalf, was precluded even in light of the extremely critical exculpatory evidence. His retained lawyer, days before trial was also denied the right (sixth amendment) to represent him and Oswald was forced to act as his on attorney. Oswald wanted to testify on his own behalf and this was denied as well. 

Oswald was not even able to cross examine all the prosecutor’s law enforcement witnesses, who made inconsistent statements before trial even though they were on the prosecutor witness list. The only facts the trial proved was that law enforcement can’t get away with obstruction of justice and outrageous conduct and not be held accountable for their actions.

The case is now pending appeal in the Second Circuit and is in the hands of his retained counsel Raymond Abb, a former NYPD police officer himself, who served as commissioner to the newly configured New York City Police Department Civilian Complaint Review Board. Said board was charged with investigating police misconduct including excessive use of force complaints.

To this day Oswald Lewis was never charged with a crime for the 24 year old arrest warrant, nor has he even been arraigned on charges stemming from the warrant because the warrant was invalid and should have never been executed.

Oswald Lewis is not the person on the arrest warrant. He has never been arrested in the state of Virginia and has argued this from the very beginning.

Oswald Lewis made numerous complaints to the eastern District Court to no avail and has filed a pending civil suit on the U.S. Marshals and ATF for unlawful seizure and excessive force.

The marshall’s conduct that evening was unlawful, the evidence fabricated, his arrest and injury illegal and his continued incarceration a gross miscarriage of justice. 

 

What People are Saying

“I was at the trial and saw the whole thing. This was a circus and the court should have never allowed this to go on. It was clear as day, Mr. Lewis’ trial was a set up form the start.”

“The fact is Mr. Lewis is an extremely productive individual who has endured a great deal of injuries from a group of bad law enforcement, bad press and was convicted by lies.”

“It seems that nobody in authority wants to be the one to admit the truth, it’s much easier for them to look the other way and destroy a person’s life as if he was useless.  This is the system we have and it stinks.”

“How do police execute a warrant that’s no good, shoot someone unarmed, force them to fire warning shots while screaming for help, arrest them and then beat them up in handcuffs, then plant evidence inside an apartment and then give the guy twenty years. SOMEBODY NEEDS TO WAKE UP AND SEE WHAT IS GOING ON HERE!”

“I remember a case where a NYPD police officer shot and killed a man and was convicted in court of manslaughter and got community service.  For killing a human being.  Now I see an African-American man who was acquitted of attempted murder in court and was sentenced to over twenty years in prison for assault even though no injuries occurred and absolutely no physical contact happened.  How could this be! Help me understand please!”

“This is the blatantly unbalanced justice system at work.”

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