Crystal
02-27-2005, 11:36 AM
Deadly pursuit costly for city
Albany agrees to pay $1.3M to family of David Scaringe, the bystander killed during police chase
ALBANY -- The city has agreed to pay $1.3 million to the family of a bystander who was shot to death by a police officer during the chaotic pursuit of a drunken driver on New Year's Eve 2003.
The settlement with the family of David R.A. Scaringe is the largest in the city's history, more than double the $500,000 paid to the relatives of a mentally-ill man shot and killed by police officers in 1984.
The killing of Scaringe, a 24-year-old engineer who was making marriage plans, triggered fundamental changes to the department's policies governing police pursuits and use of deadly force.
The changes included in-service training for officers, an improved radio transmission system that gives police supervisors control of the airwaves and a rule prohibiting officers from firing at a moving vehicle to disable it. In addition, officers must break off any chase that might unduly endanger the public.
Meanwhile, the careers of two officers who fired their weapons that afternoon at the car of a fleeing suspect, Daniel Reed of Delmar, remain clouded. Both officers are on administrative leave while department officials negotiate their possible return, which must include a medical clearance indicating they are mentally fit for patrol duties, according to sources close to the case.
No one was held criminally responsible for Scaringe's death.
Donald W. Boyajian, the attorney for Scaringe's family, said the sweeping changes to Albany's police policies were a significant factor in the settlement. "That's a big plus as far as we're concerned," Boyajian said. "They made some substantive changes to the policy and procedures which we hope will prevent this type of thing from happening in the future." Scaringe was shot around nightfall as he apparently darted from his State Street apartment to retrieve something from his car, which was wedged against a curb on Lark Street.
The sidewalks and tight streets of his Center Square neighborhood were brimming with activity that afternoon when a police chase of Reed began after the Delmar resident sped away from a traffic stop. At the time, Reed was intoxicated, had drug paraphernalia littering his car and a stolen license plate affixed to the front of his Toyota Camry.
Officers chased Reed through the neighborhood as supervisors, including Deputy Chief James Turley and Chief Robert Wolfgang, huddled over a radio at headquarters monitoring the chase. Wolfgang has since retired and Turley is now chief.
Copies of the radio transmissions show Turley apparently tried to terminate the chase just as officers boxed Reed in along Washington Park. But after Officer Jan Mika leaped from his car, which was blocking the path of Reed's car, the police cruiser lurched out of the way and the chase continued.
Members of a grand jury panel that narrowly cleared one of the officers of criminal charges in the shooting last May said Mika testified to them that his car's transmission must have slipped.
Seconds later, as Reed roared east on State Street toward Lark Street, Officer Joseph Gerace jumped from his car that was partially blocking the roadway and pointed his gun at Reed's windshield. Reed drove onto a sidewalk, but backed his car toward the officer when his path was blocked by a large, concrete stairwell.
Gerace opened fire as the car passed and as Reed's car careened into the intersection. In all, he fired nine shots while Officer William Bonanni, who was standing nearby, fired once, according to department officials. One of the bullets fired by Gerace apparently ricocheted and hit Scaringe on the left side of his chest, piercing his lung. He collapsed at Gerace's feet and later died.
Gerace told investigators he fired at the car in fear for his life as it sped toward him.
Still, several officers said they had received training during their police academy classes that discouraged them from firing their guns at a moving car. But department officials said their own policy didn't go into great detail on that type of situation.
Now, the department has adopted a policy similar to the State Police, which strictly prohibits firing a gun at a car, even if the driver is attempting to run over an officer. Department officials said the directive is intended to encourage the officers to get out of the way.
Mayor Jerry Jennings said almost immediately following the incident the city began examining its pursuit policies and taking steps to enhance them.
"That was critical," the mayor said Wednesday. "That's why we have been doing the training, the in-service training -- and will continue to do that. You just can't dismiss the responsibilities of a job like this."
The city's conciliatory posture was evident in its decision to announce that it will partner with the Scaringe family in fostering a scholarship in David Scaringe's name through the Albany Police & Fire Foundation.
"It's a tragedy and we've made something positive from it," Jenning said. "That's how we wanted to make this work."
"It's never been about the money for the family," Boyajian said, adding that Scaringe's family is not consumed by the future of the two officers who opened fire that day. "The family's position is that really that's something they have no control over. The family is going to obviously accept the city's determination as to what's appropriate for its own officers. We hope that lessons have been learned."
The settlement, including the change to the department's deadly force policy, were in place last week. A city official said authorities opted to wait to announce the deal because last Friday was the anniversary of Scaringe's death and they felt it would not be appropriate at that time.
The incident galvanized Scaringe's downtown neighborhood. It also led to questions from the public about the department's policies and training because Reed was being chased for arguably minor infractions. Reed was arrested later that night after police located his bullet-riddled car that had been abandoned in a downtown parking lot. Reed was sentenced to six months in Albany County jail as part of a plea bargain. He is scheduled to be released from jail next month.
The city's previous largest settlement was made in 1994 to the family of Jesse Davis. Officers shot Davis 10 years earlier after they said he lunged at them.
Albany agrees to pay $1.3M to family of David Scaringe, the bystander killed during police chase
ALBANY -- The city has agreed to pay $1.3 million to the family of a bystander who was shot to death by a police officer during the chaotic pursuit of a drunken driver on New Year's Eve 2003.
The settlement with the family of David R.A. Scaringe is the largest in the city's history, more than double the $500,000 paid to the relatives of a mentally-ill man shot and killed by police officers in 1984.
The killing of Scaringe, a 24-year-old engineer who was making marriage plans, triggered fundamental changes to the department's policies governing police pursuits and use of deadly force.
The changes included in-service training for officers, an improved radio transmission system that gives police supervisors control of the airwaves and a rule prohibiting officers from firing at a moving vehicle to disable it. In addition, officers must break off any chase that might unduly endanger the public.
Meanwhile, the careers of two officers who fired their weapons that afternoon at the car of a fleeing suspect, Daniel Reed of Delmar, remain clouded. Both officers are on administrative leave while department officials negotiate their possible return, which must include a medical clearance indicating they are mentally fit for patrol duties, according to sources close to the case.
No one was held criminally responsible for Scaringe's death.
Donald W. Boyajian, the attorney for Scaringe's family, said the sweeping changes to Albany's police policies were a significant factor in the settlement. "That's a big plus as far as we're concerned," Boyajian said. "They made some substantive changes to the policy and procedures which we hope will prevent this type of thing from happening in the future." Scaringe was shot around nightfall as he apparently darted from his State Street apartment to retrieve something from his car, which was wedged against a curb on Lark Street.
The sidewalks and tight streets of his Center Square neighborhood were brimming with activity that afternoon when a police chase of Reed began after the Delmar resident sped away from a traffic stop. At the time, Reed was intoxicated, had drug paraphernalia littering his car and a stolen license plate affixed to the front of his Toyota Camry.
Officers chased Reed through the neighborhood as supervisors, including Deputy Chief James Turley and Chief Robert Wolfgang, huddled over a radio at headquarters monitoring the chase. Wolfgang has since retired and Turley is now chief.
Copies of the radio transmissions show Turley apparently tried to terminate the chase just as officers boxed Reed in along Washington Park. But after Officer Jan Mika leaped from his car, which was blocking the path of Reed's car, the police cruiser lurched out of the way and the chase continued.
Members of a grand jury panel that narrowly cleared one of the officers of criminal charges in the shooting last May said Mika testified to them that his car's transmission must have slipped.
Seconds later, as Reed roared east on State Street toward Lark Street, Officer Joseph Gerace jumped from his car that was partially blocking the roadway and pointed his gun at Reed's windshield. Reed drove onto a sidewalk, but backed his car toward the officer when his path was blocked by a large, concrete stairwell.
Gerace opened fire as the car passed and as Reed's car careened into the intersection. In all, he fired nine shots while Officer William Bonanni, who was standing nearby, fired once, according to department officials. One of the bullets fired by Gerace apparently ricocheted and hit Scaringe on the left side of his chest, piercing his lung. He collapsed at Gerace's feet and later died.
Gerace told investigators he fired at the car in fear for his life as it sped toward him.
Still, several officers said they had received training during their police academy classes that discouraged them from firing their guns at a moving car. But department officials said their own policy didn't go into great detail on that type of situation.
Now, the department has adopted a policy similar to the State Police, which strictly prohibits firing a gun at a car, even if the driver is attempting to run over an officer. Department officials said the directive is intended to encourage the officers to get out of the way.
Mayor Jerry Jennings said almost immediately following the incident the city began examining its pursuit policies and taking steps to enhance them.
"That was critical," the mayor said Wednesday. "That's why we have been doing the training, the in-service training -- and will continue to do that. You just can't dismiss the responsibilities of a job like this."
The city's conciliatory posture was evident in its decision to announce that it will partner with the Scaringe family in fostering a scholarship in David Scaringe's name through the Albany Police & Fire Foundation.
"It's a tragedy and we've made something positive from it," Jenning said. "That's how we wanted to make this work."
"It's never been about the money for the family," Boyajian said, adding that Scaringe's family is not consumed by the future of the two officers who opened fire that day. "The family's position is that really that's something they have no control over. The family is going to obviously accept the city's determination as to what's appropriate for its own officers. We hope that lessons have been learned."
The settlement, including the change to the department's deadly force policy, were in place last week. A city official said authorities opted to wait to announce the deal because last Friday was the anniversary of Scaringe's death and they felt it would not be appropriate at that time.
The incident galvanized Scaringe's downtown neighborhood. It also led to questions from the public about the department's policies and training because Reed was being chased for arguably minor infractions. Reed was arrested later that night after police located his bullet-riddled car that had been abandoned in a downtown parking lot. Reed was sentenced to six months in Albany County jail as part of a plea bargain. He is scheduled to be released from jail next month.
The city's previous largest settlement was made in 1994 to the family of Jesse Davis. Officers shot Davis 10 years earlier after they said he lunged at them.