New York City – An off-duty police officer who was shot in a case of mistaken identity by friendly fire, died this afternoon at St. Barnabas Hospital.
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An on-duty patrolman shot Eric Hernandez, 24, in each leg and the stomach on Jan. 28, the shooting stemmed from a dispute between Hernandez – who had been drinking and was in street clothes – and several other men at a fast-food restaurant.
After being surrounded and severely beaten, the dazed officer pulled a gun on a man in the restaurant’s parking lot before being shot by the patrolman. The shooter, Alfredo Toro, had no way of knowing Hernandez was a police officer and fired only after Hernandez refused orders to drop his weapon.