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Appellate ruling keeps fatal Troy shooting case on track for trial
Judges rule evidence supports allegation officer would have known his actions unlawful
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Edson Thevenin, 37. (Facebook)
ALBANY A federal appeals court has rejected an appeal by the city of Troy and the widow of a patrol sergeant who fatally shot an unarmed DWI suspect in 2016. The decision upholds a federal magistrate s prior ruling that found there were material questions of fact about the shooting that should be resolved by a jury trial.
The ruling by the U.S. Second Circuit Court of Appeals also declined to grant qualified immunity to the deceased sergeant, Randall French, because eyewitness testimony called into question the officer s claim that the shooting was justified.
Lawyers battle over appeal in deadly Troy police encounter
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1of3Edson Thevenin was shot and killed by a Troy patrol sergeant in 2016.Family photo Show MoreShow Less
Troy police sergeant Randall French enters the Rensselaer County Courthouse on March 20, 2019, in Troy, N.Y. Sgt. French who fatally shot Edson Thevenin during a 2016 DWI traffic stop, is on a ventilator and fighting for his life after being diagnosed with coronavirus. His family is pleading with the public to find recovered COVID-19 patients who could donate anti-body rich plasma to save him. (Will Waldron/Times Union)Will WaldronShow MoreShow Less
The facts surrounding the fatal shooting of Edson Thevenin and Sgt. Randall French’s legal rights as a police officer to use deadly force during the April 2016 DWI traffic stop were interwoven in the hearing before the U.S. Court of Appeals for the Second Circuit in New York City Tuesday.