Council approves settlement
$1.55M going to family of man who was killed by Troy sergeant
An apology of sorts ended an angry City Council meeting at which people shouted, cried and expressed disgust.
The council voted in committee to approve a $1.55 million settlement to the family of Edson Thevenin, killed by city police Sgt. Randall French in 2016.
Residents rallied outside and spoke to the
council for an hour during the committee meeting, largely to describe their disgust with a memo included with the settlement resolution in the agenda. They said it proved the city would never take police reform seriously, that the council would not protect its own police from having to work with a “murdering racist cop” and that the council couldn’t see Black men as human beings.
One woman described her fears as a mother who won’t allow her son to wear headphones or a hoodie lest he encounters a police officer “having a bad day.”
“I understand that if you never bore a Black man as a son, you can’t feel that,” said Jessica Ashley, a member of the Justice Center of Rensselaer County. “This case, this situation, grieves my soul. I appeal to your humanity.”
She urged them to see Black men as human beings and apologize for Thevenin’s death.
“There were terrible mistakes, but it doesn’t have to stay that way,” she said. “First of all, Edson was murdered. It has to be said. If you can’t acknowledge that Edson was murdered … never said to his mother, ‘I am so sorry,’ then you have not validated him as a human being. If you have not done that, then you will not be able to do that with any of our sons.”
Thevenin’s mother said she’ll continue to fight for a jury trial, but doesn’t object to her son’s widow accepting the settlement. She noted with disgust that the city memorandum said giving Thevenin’s family money was “humane.”
“Treating my son with the respect he deserved would have been the humane thing to do,” she said.
Many residents asked the council to withdraw the memorandum attached to the settlement proposal in the council agenda. They said it was offensive and perpetuated lies.
“To me that memo says we are white supremacist people and we are very proud with getting away with killing a Black man very cheap,” said Rafael Varela. “It’s horrible. You’re entering that into the record?”
Corporation Counsel Richard Morrissey took responsibility for the memo, which he wrote.
“The memo represents the position of the administration,” he told the council. “I stand by the memo. I think it is based on the evidence.”
Thevenin was not murdered, he said. But he offered an apology to Thevenin’s mother.
“Her pain is real,” he said. “I am horribly sorry for her loss.”
The council voted, without Mayor Patrick Madden present, to approve the settlement. No council member discussed the incident, except to direct Morrissey to sign his memos in the future.
The whole situation left one resident questioning why he continues to live in Troy.
“Why do I own a house here? Why do I pay taxes to people who won’t protect me?” asked Messiah Cooper in a speech to the council. “Y’all actually think you can pay us off for killing our babies.”
Thevenin’s family sued the city in federal court, alleging the shooting was unjustified. The family and Troy officials agreed to the court-mediated settlement, in which Troy officials would not have to admit any fault. The City Council will make a final vote on Sept. 9.
The memo given to the City Council in support of the settlement said that French shot Thevenin after Thevenin reversed his car toward French.
“Sergeant French reasonably believed he was going to be crushed, and in those circumstances, the shooting was justified,” the memo said.
Residents noted that the police department’s internal affairs office determined that French had lied about the encounter.
French said Thevenin crashed into a concrete barrier while fleeing when French tried to pull him over for suspected DWI. But damage to the other side of Thevenin’s car, as well as to French’s patrol car, indicate French sidewiped him, pushing Thevenin’s car into the wall, according to the internal affairs report.
The report also cites a police captain and a tow truck driver who observed the incident, both of whom said French got out of his patrol car and fired at Thevenin immediately, without being in danger of being run over. After the first two of eight shots, Thevenin’s car, which city officials said was in drive, slowly rolled into French and pinned him against his patrol car.
City officials criticized that report and hired an expert, Michael Ranalli, who produced his own report on the incident.
“I understand that if you never bore a Black man as a son, you can’t feel that. This case, this situation, grieves my soul. I appeal to your humanity.”
Jessica Ashley, a member of the Justice Center of Rensselaer County
They have not made that report public, although Madden said it would be released after the case was settled.
On Thursday, a city spokesman would not commit to ever releasing the document, and said the city would not release it prior to the Sept. 9 council vote.
“Further document disclosure must await final approval and completion of the settlement by the City Council,” said spokesman John Salka.
French died of COVID -19 last year. That means he can’t testify, which is why the city is settling, according to the city’s memo.
Although Thevenin’s widow Cinthia has pressed for a jury trial in an effort to prove that French was at fault, her attorney said she had agreed to the settlement.