New York’s attorney general announced on Tuesday that the district attorney who had been handling the inquiry into a fatal police shooting of an African-American man in Troy would step aside.
The move clears the way for the attorney general’s office to investigate the case.
Under the terms of an executive order signed last year by Gov. Andrew M. Cuomo, the attorney general, Eric T. Schneiderman, has the power to investigate and prosecute deadly encounters between police and civilians if it is unclear whether the civilian was armed and dangerous at the time. Before Schneiderman could decide whether to intervene in the April 17 shooting in Troy, however, a grand jury convened by the Rensselaer County district attorney, Joel Abelove, had already declined to indict the officer, prompting Schneiderman to sue Abelove for violating the executive order.
Abelove has now agreed to walk away from the case and turn over his files to Schneiderman, effectively setting aside the grand jury’s finding that the officer, Sgt. Randy French, was justified in killing Edson Thevenin, 37, after a traffic stop.
Schneiderman formally claimed the case on April 30, making it the fifth such episode his office has reviewed. A day later, on May 1, Cuomo amended the executive order to authorize Schneiderman to investigate Thevenin’s death.
In a statement, Abelove noted that the settlement announced on Monday had not found that he had exceeded his authority in the case.
Schneiderman’s office, however, had a different interpretation: The agreement “does not exonerate DA Abelove for any potential claims of misconduct,” said Eric Soufer, a spokesman.
Categories: -News-, Schenectady County
