Albany Times Union

Soares shifts on cop probes

Special prosecutor sought in charges against officers

- By Robert Gavin

In a policy shift three weeks before the Democratic primary, Albany County District Attorney David Soares on Monday asked Gov. Andrew Cuomo to appoint Attorney General Letitia James as the special prosecutor in every criminal case in which a police officer is charged with a crime or accused of misconduct.

Soares, a four-term Democrat, who refused to recuse his office from investigat­ing the Albany police shooting of Ellazar Williams in 2018 and other cases involving police-civilian confrontat­ions, announced his shift of positions in a news release on Monday evening.

It came in the wake of violent protests and rioting in cities across the country, including Albany on Saturday night, following the death of George Floyd in Minneapoli­s, who lost his life after an officer kneeled on his neck during a confrontat­ion.

“I watched in stunned disbelief the life of a man being taken and streamed repeatedly on social media,” Soares stated in the release. “These are not unpreceden­ted incidents and yet real solutions are lost as attention is given to the subsequent violence and discussion­s are reduced to relationsh­ips between police and prosecutor­s. This cannot continue.”

Soares said that effective immediatel­y, his office will seek special prosecutor­s “on all new cases involving police as defendants.” It was unclear if the district attorney planned to recuse his office from the prosecutio­n of Luke Deer, who is charged with felony assault and official misconduct for his alleged actions in the beating of man during a March 16, 2019 clash on First Street.

On Monday, Soares said he is calling on the governor to expand his executive order from 2015 and to allow James’ office to handle “ALL of these matters, thus eliminatin­g any appearance of conf lict or skepticism of the process.”

In 2015, the governor’s executive order allowed the attorney general to investigat­e the deaths of unarmed civilians during interactio­ns with the police. Soares’ office has previously said

that Williams’ case did not fit that criteria because, according to the office’s investigat­ion, Williams was armed with a knife and survived the shooting.

But Soares’ office drew fiery criticism from activist Alice Green and others for not recusing his office from investigat­ing the Aug. 20, 2018 shooting of Williams by Detective James Olsen, who faced no charges and was cleared. Williams, then 19, was shot following a police chase that ended in a courtyard outside the former Tony Clement Center for Education in West Hill.

Williams was left paralyzed from the chest down.

Soares faces a June 23 primary challenge from Democrat Matthew Toporowski,

who emailed the Times Union a statement on Soares’ new position.

“This is a reactionar­y move to remedy a history of regressive policies,” Toporowski said. “Taking a position now is not proactive and progressiv­e leadership. Soares waited two full days and then only condemned George Floyd’s killing only after there was property damage. And now he seeks to capitalize on this movement calling for a special prosecutor law to cover his own tracks of failing to call for one in the Ellazar Williams’ case. David Soares is not being a leader, nor is he being an advocate for this community. He is a politician capitalizi­ng on a moment of pain in the community. It’s insulting.”

 ?? Will Waldron / times union ?? david Soares faces a June 23 primary with matt toporowski.
Will Waldron / times union david Soares faces a June 23 primary with matt toporowski.

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