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Off-duty NYPD assistant chief under investigation after shot fired in ShopRite parking lot

Police say a fight in a Garnerville parking lot led to a discharged round from the off-duty official’s legally owned gun as multiple agencies continue to investigate. Law enforcement source shares he is now on modified duty pending investigation.

Diane Caruso

May 26, 2026, 5:35 PM

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Haverstraw police say a fight between two men broke out Sunday night in the parking lot of the ShopRite in Garnerville. According to investigators, one of the men involved was an off-duty member of the NYPD. Police say the officer had a legally owned gun that was removed from his waistband during the altercation, and a round was discharged. No one was hit. Both men went to hospitals with minor injuries.

Investigators say the fight may have started because the other man allegedly harassed the NYPD member's daughter. Authorities say the man and the daughter were acquaintances and did not have a domestic relationship.

News 12 has learned that the officer involved is NYPD Assistant Chief Benjamin Gurley. A law enforcement source says he is now on modified duty while the investigation continues. His gun and badge have been taken as part of protocol. Gurley had no comment by phone about the incident on Tuesday.

The ShopRite property where the fight and shot happened is busy with members of the public.

Shoppers shared mixed reactions. One man said, "it's just crazy now a days, ya know how it is? Just in the world in general." He added, "An NYPD officer should know better than to escalate a problem and just let it go and call in back up."

Other longtime residents expressed disbelief. One said, "for the past 25 years, I've been living in this area, I have not seen things like that happening." A woman added, "on Memorial Day weekend? Someone that he knew? I find it hard to believe that it was accidental."

Haverstraw police say they are investigating the incident along with the Rockland County District Attorney’s Office. Gurley is a 26-year veteran of the department and was appointed assistant chief assigned to Bronx North earlier this month.

News 12 has interviewed him earlier this month about crime rates dropping as well as last summer at a community police event.

His online NYPD police profile shows he's won awards, went through dozens of different training sessions, and does not have a disciplinary history.

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