SCHENECTADY City on notice in dog attack, shooting Mother claims cop action unjustified BY STEVEN COOK Gazette Reporter
Two women have filed notices of claim against the city, alleging negligence in separate August incidents. One woman was the victim of a vicious dog attack in Hamilton Hill. The other is the mother of Luis Rivera, who brandished a gun and was shot and killed by police. A notice of claim is the fi rst step in filing a lawsuit against a municipality. An attorney for dog attack victim Shirleen Lucas said Thursday the filing preserves her client’s right to sue, if they find cause to do so. Research is ongoing. Ivette Cedres, mother of Rivera, could not be reached for comment Thursday. No attorney is listed on her fi ling. Contacted about the notices Thursday, Mayor-elect Gary Mc-Carthy said he could not comment, citing a policy against commenting on pending litigation. He also noted they are only the first step, they are not full lawsuits. Both were fi led last month. Three city police offi cers fi red a total of 14 shots at Rivera on Aug. 12 on Grove Place, near State Street. Police officials have said he failed to respond to offi cers’ commands, grabbed a gun, holding it and motioning at officers. They then fi red, killing him. The incident began with a report of a man with a gun. Sgt. William Fennell saw Rivera fi rst, crossing State Street, near Grove Place. Fennell also saw the gun, in Rivera’s right pocket, where the caller said it was, police have said. He pulled up next to Rivera, quickly got out of his patrol car and grabbed Rivera by the shirt, but Rivera broke away. Police also said he pulled up his shirt and thrust his hand into his pocket. Two backup officers arrived. Fennell shouted to them that Rivera had a gun and shouted at Rivera to get down. Police said after three shouts to get down, Rivera stepped away, turned and motioned at officers with his gun. All three offi cers fi red. Video recordings from patrol car cameras captured much of the incident and appear to substantiate the officers’ description of the incident, Schenectady County District Attorney Robert Carney and Public Safety Commissioner Wayne Bennett have said. Authorities have said the shooting appeared to be justifi ed under department policies. An investigation has been ongoing. Cedres’ filing gives a different account of the incident, though it does not cite a source for the account. “At such time and place, upon information and belief, Luis R. Rivera was not acting illegally, was not a danger to himself, or to the police officers who confronted him, or to the public,” the fi ling reads. The notice continues that the offi cers’ conduct “was not justifi ed, and constituted excessive force and unjustified force, was a violation of the civil rights and constitutional rights guaranteed to the decedent under the U.S. Constitution and New York Constitution.” Regarding where Rivera is alleged to have been hit, the notice reads: “That at present time, pending release of an autopsy report, the injuries sustained by Luis R. Rivera as a result of the negligence alleged herein were” internal bleeding, injuries to his lung, an artery and vein “due to gunshot wound to the left back, gunshot wound to the right hip.” The notice also notes that Rivera, 33, had three children. Cedres appeared at a September news conference with the local chapter of the NAACP. The group questioned the number of shots fi red, and wanted a better understanding of police policy and procedure regarding the use of force and public safety. .....................>>>>...............................>>>>.......................http://www.dailygazette.net/De.....r01104&AppName=1
Tragic on both counts....and dangerous for the police ...
and the question I have is:....isn't Fennell on leave for DWI recently???
not that it changes the dangerous situation that occurred....but 14 shots.....and no tazor....I jusst don't understand why so many shots are fired...shoot to kill....not shoot to disable....
Police have to make split second decisions....it's too bad a life has to be taken in that moment....
From what is understood of the status of the situation in regard to this incident is an "ongoing" investigation. Has been ongoing since August. Still am curious if the victims weapon was loaded or not. Will we ever know? In many of these situations that occur across the world that fact is usually mentioned one way or the other. SWAT team neutralizes suspect with loaded weapon etc. Being pending legal action is at hand, it may not be known for some time all the facts of the case. If the case goes to a court more may be known to the public at large of the specifics of the incident, if any have been held back to this point. And it's possible in a settlement those facts may be sealed as part of the settlement.
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