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The wife of a Harlem man who was fatally shot by cops in 2019 while naked and wielding a gun has filed a wrongful death suit against the city and two officers, new court papers show.

Jaimily Hernandez alleges that the Oct. 23, 2019, “shooting of [Victor] Hernandez was without justification,” according to her Manhattan Supreme Court lawsuit from Monday.

Cops were called to 2785 Frederick Douglas Blvd. — where Victor was a superintendent — and found him nude and holding a 9mm handgun in a second-floor hallway.

The 29-year-old allegedly rushed Officer Christopher Wintermute, punching him in the face, before he was shot down by two other cops. Wintermute was also shot in the chest but was largely unscathed because of the bulletproof vest he was wearing.

Police Officers Michael Buliga and Whitney Martin “intentionally shot Hernandez multiple times” and “failed to take reasonable steps to adequately assess the situation at the premises,” the court papers allege.


  A naked Victor Hernandez allegedly punched Officer Christopher Wintermute before being shot by two other cops. NYPD A naked Victor Hernandez allegedly punched Officer Christopher Wintermute before being shot by two other cops. NYPD

And afterward they “failed and refused to seek and obtain prompt and adequate medical care and treatment for Hernandez,” acting “with deliberate indifference to Hernandez’ medical needs,” the court documents claim.

Victor’s death “resulted in economic and other loss to his wife and children,” the suit alleges.

Jaimily is seeking unspecified damages.

The NYPD, the city Law Department and Buliga all did not immediately return requests for comment. Martin could not be reached for comment.

Additional reporting by Tina Moore

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Blood and damage left behind in the second-floor hallway of 2785 Frederick Douglas Boulevard in Harlem.
Blood and damage left behind in the second-floor hallway of 2785 Frederick Douglas Boulevard in Harlem. Matthew McDermott
Blood and damage left behind in the second-floor hallway of 2785 Frederick Douglas Boulevard in Harlem.
Matthew McDermott
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