Troy residents expressed outrage Thursday night as the city council advanced a settlement with the family of a man shot and killed by a police officer at a traffic stop in 2016.
Following nearly an hour of heated testimony from residents, the Troy City Council’s Finance Committee on Thursday advanced a $1.55 million settlement between the city and the family of Edson Thevenin.
On April 17, 2016, Thevenin, who was suspected of drunk driving, was shot multiple times by Troy Police Sgt. Randall French.
French, who died of COVID-19 last year, was cleared of wrongdoing by a grand jury five days after the shooting incident, but the alleged fast-tracking by then-Rensselaer County District Attorney Joel Abelove drew scrutiny from the office of former state Attorney General Eric Schneiderman.
A report from the AG’s office found French’s testimony unreliable, the Troy Police Department’s investigation insufficient, and made several policy recommendations. Abelove was charged with official misconduct in connection with the incident and was later acquitted.
In a 2018 internal affairs investigation leaked to the press in 2019, French was found to have lied about the events of the case, when he intentionally placed himself in front of Thevenin’s car as he fired into the vehicle’s windshield, killing the 36-year-old who was later confirmed to be intoxicated.
A memorandum from the city in support of the settlement with Thevenin’s family called the shooting justified, laying no blame on Sgt. French or Thevenin. It states in part:
“The City has never retreated from its position that the killing – however tragic and regrettable – was lawful.”
Bob Blackmon, President of the Justice Center of Rensselaer County, was the first to speak to councilors about the memo.
“It ignores the findings of the internal review report. It ignores the findings of the Attorney General. It ignores the testimony of the citizen eyewitness to the killing of Mr. Thevenin. So, and I’m reluctant to say this, so the cover-up and the lies continue,” said Blackmon.
Others considered the $1.55 million settlement a paltry sum to offer a family while portraying a narrative they say ignores the investigation’s findings.
Gertha Dupas is Thevenin’s mother.
“No amount of money will rid you, Troy, New York, of the blame. Or make me feel stop in pursuit of justice for my son. And thinking that a meager settlement is humane…that statement about a humane, to pay the settlement for my son…it’s a heart-wrenching…it’s almost like a stab in the heart because there’s no amount of money that could justify my son’s death, especially when justice is not being done,” said Dupas.
Messiah Cooper, whose nephew Dahmeek McDonald was wounded by police gunfire during a traffic stop in 2017, asked when enough would be enough.
“It’s like, what the hell? Are there two sets of laws? Am I living in two Americas? Where do I turn?” asked Cooper. “We’re in a bad place, not only Troy but across this country, when y’all think you can pay us off for killing our babies. Y’all think you can pay us off for killing our goddamn babies! It’s crazy!”
Responding to the angered residents, the city’s corporation counsel Rick Morrissey announced he was the one who wrote the memo.
“I stand by the memo. I believe it is based in the evidence. I would like to say one word, though. I did listen carefully to Mr. Thevenin’s mother, and I recognize that his death is a tragedy for his family and for his children and his wife and for the City of Troy,” said Morrissey.
There was little discussion from the council before the settlement was advanced out of committee, though Democrat Sue Steele of the majority asked Morrissey if in the future he would clarify that such memorandums do not reflect the position of the city council.
“So it’s clear to the public that this is indeed your words, your recommendation concerning the legislation,” said Steele.
“I have no problem with that,” said Morrissey.
Now out of committee, the settlement agreement will require approval from the city council.
