A man from Queens, who has been incarcerated for over 40 years for allegedly firing a gun at a police officer, has had his charges dismissed by the state court of appeals. The court ruled that the projectile he used was, in fact, a non-functional weapon.
Last week, Supreme Court Judge Gia Morris found that Michael Bosset, aged 68, was aware that the device he threw was not capable of harming the officer, countering the prosecution’s claims about his intentions during the 1981 incident.
With this ruling, Bossett is now scheduled to appear before the state parole board, where his possible release is on the table.
Although he is still serving a sentence related to a murder case in Long Island, the court’s decision reduces his total time to 37 and a half years instead of the previously anticipated 50.
His lawyer, Ron Cuby, noted that despite the lengthy delay, Bossett never lost faith that his convictions would be overturned.
This situation brings to light a past era when law enforcement and prosecutors seemingly destroyed lives with accusations that could stick—the idea being that if one didn’t commit one crime, they must have committed another, Cuby remarked.
However, this ruling doesn’t quite clear all obstacles for Bossett.
He still contends with a murder charge stemming from a Long Island incident, and there are connections to the tragic shooting of a police officer just hours before the grenade incident in 1980.
Bossett’s brother, Darrell, who is 69, was sentenced to life for the murder of NYPD officer Gabriel Vitale, who succumbed to his injuries nine days after being shot while on duty in Queens.
While Michael Bossett was not convicted in that shooting, the family of Officer Vitale holds him equally accountable and is advocating against his potential parole.
Cyndy Vitale, the officer’s daughter, expressed her concerns, stating it’s troubling that someone like Bossett may receive parole. She reflected on her own childhood and how losing a father who served as a hero affected her family.
Members of law enforcement, including the NYPD Police Benevolent Association, are distressed about the court’s decision, especially given that a key witness in Bossett’s favor was a childhood friend and former officer.
PBA President Patrick Hendry criticized the court for seemingly prioritizing a friend’s testimony over the life-threatening actions Bossett was involved in.
This struggle isn’t concluding. Hendry vowed to support the Vitale family in ensuring that both brothers remain incarcerated.
Michael Bossett was known to have been in a gang during the time of these events, and incident reports indicate that he was part of the confrontation in December 1980, which resulted in the injuries of a police officer.
Judge Morris’s ruling concluded that Bossett had previously thrown an inoperative weapon at a friend, implying he understood it would present no danger.
He still faces drug and weapon possession charges and has been sentenced to an additional 25 years for another instance of violence in Suffolk County.
Previously convicted in 1983 for a gang-related shooting, Bossett continues to navigate the complexities of the legal system.
Officials from the Queens District Attorney’s Office confirmed that the recent ruling changes the length of his sentence but isn’t the end of the story. Cuby maintained that Bossett had paid his dues a long time ago.
