The NYS attorney General has begun proceedings against the local prosecutor who handled the normal procedures and found the Officer was justified in the use of deadly physical force.
The Rensselaer County district attorney’s office presented all evidence to a Grand Jury and that Grand Jury found that the officer was within his rights of defending himself after Sgt. Randy French was pinned between the suspect’s vehicle and another one.
The State Attorney General has filed suit over the fact that Governor Andrew Cuomo has signed an executive order giving the New York attorney general broad powers to investigate and prosecute in deadly encounters between police officers and unarmed civilians. That the Rensselaer County District Attorney went forward and presented the case instead of turning over the case to the Attorney Generals office is what has promoted the law suit.
Originally it was reported by The Times Union:
Rensselaer County District Attorney Joel Abelove said that he personally spoke to an assistant attorney general, Paul Clyne, and the investigators who were with him. “Details were shared with the attorney general’s office,” Abelove said.
According to Abelove, the attorney general’s office is not expected to pursue an investigation of Sunday’s fatal shooting. “It was relayed to me by Mr. Clyne that the attorney general … is not going to be claiming jurisdiction in this case,” Abelove said, adding he would determine later whether a grand jury will review the case.
Attorney General Eric Schneiderman announced last July that five prosecutors would be assigned to the new Special Investigations and Prosecutions Unit, including Clyne, who is a former Albany County district attorney.
This begs the question, If Mr. Clyne was in contact with the Rensselaer County District Attorney Joel Abelove, and told him that the N.Y.S. Attorney General’s office was declining to investigate or handle the case, why would they now sue over jurisdictional issues?
Again, as stated in the original post written here it is shown that under New York State Law that vehicles are considered “dangerous instruments” depending on how they are used and if they are used in a fashion to kill, or attempt to kill someone then they have always been accepted as lethal as a gun or knife.
This is, has been and will be the attention of this case. In comments on Facebook it was stated that there would be ramifications in New York State over this and sure enough there are.
The question will remain how it all plays out. While citizens will continuously be arrested for using vehicles to kill people and convicted for using them as ‘dangerous instruments’ will Police Officers be able to defend themselves from such ‘dangerous instruments’ or will they be required to be run over?
Is there a question in the mind of the New York State Attorney General that the Officers involved did something wrong, that the District Attorney did something improperly, that the Grand Jury was incapable of rendering a proper verdict or are they just trying to take the entire process over themselves due to the Governors Executive order?
What are your thoughts?
The N.Y. Times has reported now on the law suit that has been filed here. New York Attorney General Sues Over Police Shooting Case in Troy