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Troy police Sgt. Randall French leaves a courtroom where he was asked about the April 17 fatal shooting of a DWI as French testified in an unrelated trial at the Rensselaer County Courthouse on Monday, May 2, 2016., in Troy, N.Y. (Lori Van Buren / Times Union archive)
lessTroy police Sgt. Randall French leaves a courtroom where he was asked about the April 17 fatal shooting of a DWI as French testified in an unrelated trial at the Rensselaer County Courthouse on Monday, May 2,
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Rensselaer County District Attorney Joel Abelove, left, talks to his attorney William Dreyer before Columbia County Court Judge Jonathan Nichols indicts Abelove on two official misconduct charges and one charge of 1st degree perjury for his handling of an April 2016 fatal shooting by Troy Police Sgt. Randall French of Edson Thevenin at the Rensselaer County Court House on Friday, Dec. 1, 2017, in Troy, N.Y. (Lori Van Buren / Times Union)
lessRensselaer County District Attorney Joel Abelove, left, talks to his attorney William Dreyer before Columbia County Court Judge Jonathan Nichols indicts Abelove on two official misconduct charges and one charge
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Edson Thevenin, 38. (Facebook)
Edson Thevenin, 38. (Facebook)
Gertha DePas, mother of Edson Thevenin who was shot by Troy Police Sgt. French, left is joined by her daughter in law Cinthia Thevenin as they spoke to the media during a press conference April 28, 2016 at the Empire Christian Center in Albany, N.Y. (Skip Dickstein/Times Union)
lessGertha DePas, mother of Edson Thevenin who was shot by Troy Police Sgt. French, left is joined by her daughter in law Cinthia Thevenin as they spoke to the media during a press conference April 28, 2016 at the
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Edson Thevenin, 38. (Facebook)
Edson Thevenin, 38. (Facebook)
Trajectory evidence of bullets hitting the windshild of of Edson Thevenin as part of the Office of Attorney General's investigation of the death of Thevenin.
Trajectory evidence of bullets hitting the windshild of of Edson Thevenin as part of the Office of Attorney General's investigation of the death of Thevenin.
Photo: OAG
Video frame from Troy Police video showing Edson Thevenin and Sgt. Randel French's vehicles on Sunday, April 17, 2016, in Troy, N.Y. (NYS Attorney General)
Video frame from Troy Police video showing Edson Thevenin and Sgt. Randel French's vehicles on Sunday, April 17, 2016, in Troy, N.Y. (NYS Attorney General)
Trajectory evidence of bullets hitting the windshild of of Edson Thevenin as part of the Office of Attorney General's investigation of the death of Thevenin,
Trajectory evidence of bullets hitting the windshild of of Edson Thevenin as part of the Office of Attorney General's investigation of the death of Thevenin,
Photo: OAG
One graphic showing distance Sgt. Randall French traveled between exiting patrol vehicle and being pinned in April 2016 from Office of Attorney General's report on the investigation into the death of Edson Thevenin.
lessOne graphic showing distance Sgt. Randall French traveled between exiting patrol vehicle and being pinned in April 2016 from Office of Attorney General's report on the investigation into the death of Edson
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Troy police Sgt. Randall French leaves a courtroom where he was asked about the April 17 fatal shooting of a DWI as French testified in an unrelated trial at the Rensselaer County Courthouse on Monday, May 2, 2016, in Troy, N.Y. (Lori Van Buren / Times Union archive)
lessTroy police Sgt. Randall French leaves a courtroom where he was asked about the April 17 fatal shooting of a DWI as French testified in an unrelated trial at the Rensselaer County Courthouse on Monday, May 2,
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The front end of Edson Thevenin's vehicle is used as evidence in the Office of Attorney General report on the investigation into the death of Edson Thevenin. The section is subtitled "TPD Grossly Mishandled the Three Civilian Witnesses."
lessThe front end of Edson Thevenin's vehicle is used as evidence in the Office of Attorney General report on the investigation into the death of Edson Thevenin. The section is subtitled "TPD Grossly Mishandled
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Photo of Sgt. Randall French’s lower leg injury from Office of Attorney General's report on the investigation into the death of Edson Thevenin.
Photo of Sgt. Randall French’s lower leg injury from Office of Attorney General's report on the investigation into the death of Edson Thevenin.
Photo: OAG, OAG Report On The Investigation Into The Death Of Edson Thevenin
Photo of Sgt. Randall French’s lower leg injury from Office of Attorney General's report on the investigation into the death of Edson Thevenin.
Photo of Sgt. Randall French’s lower leg injury from Office of Attorney General's report on the investigation into the death of Edson Thevenin.
Photo: OAG, OAG Report On The Investigation Into The Death Of Edson Thevenin
Troy police investigate an incident Sunday, April 17, 2016, that involved a suspect allegedly pinning a Troy police officer with his car, with the officer shooting into the car killing the suspect. Sgt. Randall French fatally shot Edson Thevenin of Colonie on the Collar City Bridge following a brief chase. (Paul Buckowski / Times Union)
lessTroy police investigate an incident Sunday, April 17, 2016, that involved a suspect allegedly pinning a Troy police officer with his car, with the officer shooting into the car killing the suspect. Sgt. Randall
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Troy police investigate an incident Sunday, April 17, 2016, that involved a suspect allegedly pinning a Troy police officer with his car, with the officer shooting into the car killing the suspect. Sgt. Randall French fatally shot Edson Thevenin of Colonie on the Collar City Bridge following a brief chase. (Paul Buckowski / Times Union)
lessTroy police investigate an incident Sunday, April 17, 2016, that involved a suspect allegedly pinning a Troy police officer with his car, with the officer shooting into the car killing the suspect. Sgt. Randall
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Map of the police stop during the Office of Attorney General Report on the Investigation into The Death of Edson Thevenin.
Map of the police stop during the Office of Attorney General Report on the Investigation into The Death of Edson Thevenin.
Photo: OAG
Find the full Office of Attorney General's Report on the Investigation into the death of Edson Thevenin at https://ag.ny.gov/
Find the full Office of Attorney General's Report on the Investigation into the death of Edson Thevenin at https://ag.ny.gov/
Edson Thevenin's widow, Cinthia Thevenin, left, and his mother, Gertha Depas, talk to the press at the Rensselaer County Courthouse on Friday, Dec. 1, 2017, after Columbia County Court Judge Jonathan Nichols indicted Rensselaer County District Attorney Joel Abelove on two official misconduct charges and one charge of perjury for his handling of an April 2016 fatal shooting by Troy Police Sgt Randall French of Edson Thevenin in Troy, N.Y. (Lori Van Buren / Times Union)
lessEdson Thevenin's widow, Cinthia Thevenin, left, and his mother, Gertha Depas, talk to the press at the Rensselaer County Courthouse on Friday, Dec. 1, 2017, after Columbia County Court Judge Jonathan Nichols
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Troy Chief of Police John Tedesco takes part in a press conference on Monday, April 18, 2016, in Troy N.Y., to talk about the police shooting that took place early Sunday morning. Sgt. Randall French fatally shot Edson Thevenin of Colonie on the Collar City Bridge following a brief chase. (Paul Buckowski / Times Union)
lessTroy Chief of Police John Tedesco takes part in a press conference on Monday, April 18, 2016, in Troy N.Y., to talk about the police shooting that took place early Sunday morning. Sgt. Randall French fatally
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Officials with the office of Attorney General Eric Schneiderman confront Rensselaer County District Attorney Joel E. Abelove with a search warrant and seize his county-issued cell phone as he arrives for work on Thursday, March 16, 2017. Abeloves handling of an April 2016 fatal police shooting in Troy is the subject of an ongoing criminal investigation. The state probe is examining whether Abelove interfered with the attorney general's jurisdiction when he presented the case to a grand jury that cleared a Troy police sergeant less than a week after the officer killed a DWI suspect. (Video courtesy NYS Office of Court Administration)
lessOfficials with the office of Attorney General Eric Schneiderman confront Rensselaer County District Attorney Joel E. Abelove with a search warrant and seize his county-issued cell phone as he arrives for work
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Rensselaer County District Attorney Joel Abelove, left, talks to his attorney William Dreyer on Friday, Dec. 1, 2017, before Columbia County Court Judge Jonathan Nichols indicts Abelove on two official misconduct charges and one charge of perjury for his handling of an April 2016 fatal shooting by Troy Police Sgt. Randall French of Edson Thevenin at the Rensselaer County Court House in Troy, N.Y. (Lori Van Buren / Times Union)
lessRensselaer County District Attorney Joel Abelove, left, talks to his attorney William Dreyer on Friday, Dec. 1, 2017, before Columbia County Court Judge Jonathan Nichols indicts Abelove on two official
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Columbia County Court Judge Jonathan Nichols speaks during the indictment of Rensselaer County District Attorney Joel Abelove for his handling of an April 2016 fatal shooting by Troy Police Sgt. Randall French of Edson Thevenin at the Rensselaer County Court House on Friday, Dec. 1, 2017, in Troy, N.Y. (Lori Van Buren / Times Union)
lessColumbia County Court Judge Jonathan Nichols speaks during the indictment of Rensselaer County District Attorney Joel Abelove for his handling of an April 2016 fatal shooting by Troy Police Sgt. Randall French
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Jennifer Sommers, deputy chief of the attorney general's Special Investigations and Prosecutions Unit, listens on Friday, Dec. 1, 2017, as Columbia County Court Judge Jonathan Nichols indicts Rensselaer County District Attorney Joel Abelove on two official misconduct charges and one charge of perjury for his handling of an April 2016 fatal shooting by Troy Police Sgt Randall French of Edson Thevenin at the Rensselaer County Court House in Troy, N.Y. (Lori Van Buren / Times Union)
lessJennifer Sommers, deputy chief of the attorney general's Special Investigations and Prosecutions Unit, listens on Friday, Dec. 1, 2017, as Columbia County Court Judge Jonathan Nichols indicts Rensselaer County
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Assistant Attorney General Nicholas Viast listens on Friday, Dec. 1, 2017, as Columbia County Court Judge Jonathan Nichols indicts Rensselaer County District Attorney Joel Abelove on two official misconduct charges and one charge of 1st degree perjury for his handling of an April 2016 fatal shooting by Troy Police Sgt Randall French of Edson Thevenin at the Rensselaer County Court House in Troy, N.Y. (Lori Van Buren / Times Union)
lessAssistant Attorney General Nicholas Viast listens on Friday, Dec. 1, 2017, as Columbia County Court Judge Jonathan Nichols indicts Rensselaer County District Attorney Joel Abelove on two official misconduct
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Pastor Tre' Staton talks to the press inside the Rensselaer County Court House on Friday, Dec. 1, 2017, after Columbia County Court Judge Jonathan Nichols indicted Rensselaer County District Attorney Joel Abelove on two official misconduct charges and one charge of perjury for Abelove's handling of an April 2016 fatal shooting by Troy Police Sgt Randall French of Edson Thevenin in Troy, N.Y. Edson Thevenin's widow, Cinthia Thevenin, left, and his mother, Gertha Depas, are seen in background. (Lori Van Buren / Times Union)
lessPastor Tre' Staton talks to the press inside the Rensselaer County Court House on Friday, Dec. 1, 2017, after Columbia County Court Judge Jonathan Nichols indicted Rensselaer County District Attorney Joel
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Green Party member Tatianna Moragne of Watervliet attends a rally to draw attention to the police killing of Edson Thevenin and shooting of Dahmeek McDonald and to call for the use of a civilian review board Saturday Nov. 18, 2017 in Troy, NY. (John Carl D'Annibale / Times Union)
lessGreen Party member Tatianna Moragne of Watervliet attends a rally to draw attention to the police killing of Edson Thevenin and shooting of Dahmeek McDonald and to call for the use of a civilian review board
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Troy expects steep costs in defending police-shooting lawsuit
TROY – Mayor Patrick Madden's administration expects to hire expensive law-enforcement shooting experts as the city mounts a defense against a federal unlawful death lawsuit filed by the widow of a Watervliet man killed by a police officer during a 2016 DWI traffic stop.
The City Council Law Committee will be briefed Thursday about the city's plan to pay an initial retainer of $2,500 to a firm of retired law enforcement officials for a preliminary review of the fatal April 2016 shooting.
“They’re going to be expensive,” Corporation Counsel James A. Caruso said Monday.
Cinthia Thevenin is suing the city in U.S. District Court in Albany over the April 17, 2016 fatal shooting of her 37-year-old husband, Edson Thevenin, by Sgt. Randall French, who fired multiple shots from his service pistol, killing Thevenin. Troy police defended the shooting, saying Thevenin’s vehicle was a weapon against French.
The city has hired John D. Aspland and Asish Nelluvely of the Fitzgerald, Morris Law Firm in Glens Falls to defend the municipality and French.
The forensic shooting and accident experts were recommended by Aspland, Caruso said. He declined to name the firm and its members or to discuss the fees for forensic analysis while discovery for the trial is underway. The discovery deadline is May 31, according to docket entries in the federal file.
The Law Committee will get its first insights into how expensive the case will be when it meets at 5:30 p.m. Thursday at City Hall.
Caruso said the Law Committee was being briefed so the council members could understand the expenses the city will face. In addition to the law firm and the law enforcement experts, the city also is hiring a certified public accounting firm to analyze the financial claims for damages in the case.
The city’s costs are expected to mount to carry out its defense. The lawsuit is projected to have an eight-day trial, according to court records.
Caruso said the city will have to bear some of the costs before its insurance coverage takes over but he was not certain about what costs the city must pay. Councilman Mark McGrath said he understood those costs would be at least $250,000.
French will not face prosecution for the April 2016 fatal shooting, but state Attorney General Eric Schneiderman in January in a detailed report contradicts the officer's version of events and criticizes the investigation conducted by the city police department.
The report chronicling Schneiderman's year-long investigation into the shooting death of Thevenin, 37, highlighted the controversial decision by Rensselaer County District Attorney Joel E. Abelove to secretly grant immunity to French when the officer testified before a grand jury that cleared him of wrongdoing.
The report concluded that because of the immunity agreement, "criminal prosecution of Sgt. French for the shooting would be impossible" under state law regardless of the attorney general's findings.
In addition, poor evidence gathering and other factors prevented the attorney general's office from being able to "disprove that Sgt. French's use of deadly force was unjustified," the report said.
The lawsuit, filed Sept. 13, 2016, against the city and French said: "At no time was Sgt. French, or any member of the Troy Police Department in physical danger when French opened fire into Edson's car."
“If the Troy police had body cameras, there's over a 90 percent chance we wouldn’t be in this situation,” said McGrath, a Republican.
Caruso spoke about the case after Madden, a Democrat, said the city would be as transparent as possible in dealing with questions about the federal lawsuit.
The analysis of where French was standing is expected to be an important part of the lawsuit. The attorney general’s office asked FBI to evaluate the shooting and also also hired Precision Simulations, a forensic investigation firm from California, to reconstruct the shooting scene for a report it issued into the shooting and the handling of the case by Abelove.
A county grand jury convened at the request of the attorney general indicted Abelove on a felony count of first-degree perjury and two counts of official misconduct for his role in presenting the shooting case to another grand jury.
Abelove is scheduled for a June 20 trial in Rensselaer County Court.
https://www.timesunion.com/news/article/Troy-expects-growing-costs-in-federal-police-12875968.php
