Molloy Professor John Eterno Featured on WNYC News

Eterno chimes in on the recent murder indictment of NYPD sergeant Hugh Barry, and you can hear his comments starting at the 1:23 mark of the interview below. According to advocates, the shooting death of a mentally ill Bronx woman highlights problem in police procedure.

Last week, Barry was indicted on charges of murder, manslaughter and criminally-negligent homicide. But even if Barry failed to follow police protocol, that isn't a crime, said John Eterno, a former NYPD Captain and associate dean in criminal justice at Molloy College on Long Island.

"His duty as a police officer is to use the minimum amount of force and to do whatever he can to try to stop the [situation], but his duty under the law is very different than the duty in the patrol guide," said Eterno. "The duty under the law, article 35, clearly states he does not have a duty to retreat and that's very different." Police officers don't have a responsibility to back off while under threat, or to wait for assistance.