Settlement for $1.55M reached in Thevenin case
TROY, N.Y. >> City officials announced that a settlement has been reached in the federal court case of Thevenin v. City of Troy et al. The settlement of $1.55M was facilitated by the District Court with the involvement of all parties, and resolves all of the plaintiffs’ claims with no admissions of liability or fault.
Edson Thevenin, 37, who was shot by former city police Sgt. Randy French after a car chase in the early morning hours of April 17, 2016. In a report from the attorney general’s office, an investigation by the office found, among other things, that French was not pinned between Thevenin’s car and his police vehicle when he opened fire, as the veteran officer had claimed during the initial probe by Troy police. While Schneiderman said his investigation could not determine whether French was justified in shooting Thevenin eight times because investigators could not conclusively determine if Thevenin’s vehicle was moving towards French when the officer opened fire, which would have legally justified the shooting, he ripped Troy police, implying investigators were more concerned with clearing French than finding the truth.
Police said Thevenin was killed at the end of a chase that began about 3:15 a.m. after French tried to stop a suspected drunken driver on 6th Avenue. After initially pulling over, police said, Thevenin sped off, nearly running French down before he made his way up Hoosick Street and tried to make a U-turn onto the westbound entrance to the Collar City Bridge.
Thevenin instead hit a concrete barricade, police said, and was quickly boxed in by French and Capt. Matthew Montanino, the shift supervisor, who responded to French’s call for assistance. Police said Thevenin backed into Montanino’s car, then pulled forward, pinning French between his cruiser and Thevenin’s vehicle, and French responded by firing eight shots into Thevenin’s windshield.
“In the unique circumstances of this case, settlement for the agreed amount — with the certainty and finality it provides — is prudent and reasonable. While neither party was initially inclined to settle, thanks to the extraordinary efforts of Judge Stewart, the parties were able to reach an agreement,” City Corporation Counsel Richard T. Morrissey said,
“We are satisfied to reach a mutually-agreed upon settlement in this tragic case and hope it will help bring closure to the families, the City, and all involved parties. We thank the Court for facilitating a full and final resolution between the plaintiffs and the defendants,” Mayor Patrick Madden added.
The settlement is pending final approval by the Troy City Council.