NYC: Cop fired over fake shooting sued to get job back; now wants NYPD to return his gun

A cop fired after he was accused of orchestrating his own shooting sued and got his job back — but he won’t rest until he gets his gun and is allowed to return to patrol duty, the Daily News has learned.

The NYPD, however, appears determined to keep Officer Brian O’Byrne behind a desk, doing administrative work at a Housing Bureau station in Harlem, even though he has full-duty status — and it won’t even give him a department-issued smartphone, according to a lawsuit filed by the 14-year veteran.

The bizarre tale includes a stunning revelation that O’Byrne survived two accidental shootings and a possible third shooting while growing up in Kentucky and Tennessee.

O’Byrne, who joined the NYPD in 2004, was assigned to the 81st Precinct in Bedford-Stuyvesant when, on Aug. 8, 2009, he was shot in his bullet-resistant vest while in the stationhouse parking lot.

Or maybe not.

The NYPD, according to police sources, internal reports and court documents, was so suspicious from the get-go it never notified the media, which it always does when an officer is fired upon and hit.

“You mean the guy who claims he was shot?’’ one investigator said when asked about the incident. “We never believed him.”

O’Byrne acknowledged those suspicions in court papers, noting that from the moment he reported getting shot he “was treated as a suspect (by) the supervisory staff and Internal Affairs Bureau called to the scene, rather than as the victim he was.”

Despite a bruise to his chest, he was, he said in court documents, “officially blamed for the incident and had to defend himself against the accusations even though he was never actually charged with the shooting.”


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