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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.
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