The medical examiner, Dancks wrote, also testified that it would be "extremely unlikely" that the bullet would have struck the back of Scism’s head had he been facing Ferris when he was shot.Īudio of the shooting was captured on the recording device that was being prepared for the informant by detectives prior to the encounter.Īt trial, Ferris will have the opportunity to pursue a qualified immunity argument, the appeals court ruled, a status previously granted by the lower court to Detective Ryan Kent, a second detective at the scene but who did not discharge his weapon. District Court Judge Therese Wiley Dancks wrote in an opinion last September that the confidential informant testified that he "did not see Scism turn or make any movement" towards the detectives before he was shot. The fatal bullet wound "does not indicate" what position Schism was in when he was fatally shot, Ferris' attorneys wrote in court filings.Īdditionally, U.S. "Things would have been very different if they said, 'Freeze, police,'" Fromson said. The failure to do so was a violation of the city police department’s use of force policy at the time, he said, which required police to identify themselves "when feasible" before using deadly force. Yet, they did not verbally identify themselves as police officers, according to their testimony, a critical element in the litigation, Fromson said. Scism ran towards a stone retaining wall, Ferris testified, which "indicated to me that he was seeking a position of cover to shoot at me while I was exposed in the middle of First Avenue."ĭetectives testified Scism drew his unlicensed weapon, which was later discovered to be loaded with five hollow point rounds and had the safety deactivated, after they displayed their badges and commanded him to get on the ground. The lawsuit claims Ferris fired at Scism as he was walking away, a charge the detective vehemently denies, calling the narrative "insulting and defamatory" in sworn testimony, contending his actions were reasonable because he feared for his life.
The judge ruled Ferris could not meet the burden of proof showing whether his decision to use lethal force "was objectively reasonable in light of the law existing at the time." Court of Appeals for the Second Circuit to allow the litigation to proceed and allow a jury to decide those issues. The parties continue to disagree over several material facts, including Scism’s physical position when he was fatally shot - including whether he "brandished a loaded handgun" and "ignored police commands" - prompting the U.S. Koldin declined comment, citing the ongoing litigation. "That’s the entire case in a nutshell," Fromson told the Times Union.Ĭity Corporation Counsel Andrew Koldin is scheduled to brief the City Council’s Claims Committee on the lawsuit on Monday. The lawsuit alleges Scism’s constitutional rights were violated when the detective shot him as he posed no risk to police and was walking away from individuals that he believed were drug dealers. (The city is not a defendant in the case scheduled for trial.)
#UNDERCOVER DETECTIVE SHOT TRIAL#
The civil rights lawsuit filed by Chrystal Scism contends Ferris used excessive force when he shot her husband after he confronted the officers, who he mistook for drug dealers, according to court documents.Ī federal appeals court in February cleared the way for the case against Ferris to go to trial after rejecting the city’s motions to dismiss the case. District Court in Albany, said Kenneth Fromson, Chrystal Scism’s attorney. Schism, a self-proclaimed neighborhood watchdog, was not a target of the undercover investigation. “ facedown in the dirt with blood coming out the back of his head,” Chrystal Scism, his widow, said in a sworn affidavit.
Seconds later, Scism was struck in the back of the head by one of six rounds fired by Ferris. After a brief verbal exchange near his First Avenue residence, Scism, 33, walked away from the unmarked police van, pulling up his shirt to display a semi-automatic 9mm handgun tucked in his rear waistband.
0 kommentar(er)
