Probe of police shooting completed
SCHENECTADY District Attorney Robert Carney today will discuss the results of a grand jury investigation into the shooting death of a city man by Schenectady police last year.
Luis Rivera, 33, was shot and killed by three officers after he brandished a gun at them. They fired a total of 14 shots at Rivera on Grove Place near State Street in August 2011, striking him in the left side of the back and in the right hip.
The incident began with a report of a man with a gun.
Sgt. William Fennell first spotted Rivera with a gun crossing State Street, near Grove Place.
Fennell got out of his patrol car and grabbed Rivera by the shirt, but he broke away. Two backup officers arrived and Fennell shouted to them that Rivera had a gun, according to police accounts.
After the officers ordered Rivera to the ground, he motioned at them with his gun. All three officers fired. Video recordings from patrol car cameras captured much of the incident and appear to substantiate the officers’ description of the incident, Carney has previously indicated. He declined to discuss the results of the grand jury investigation Monday.
Ivette Cedres, Rivera’s mother, filed a notice of claim against the city several months after the shooting. Mayor Gary McCarthy wasn’t sure Monday whether she has followed through with a lawsuit.
In the notice of claim, Cedres claimed her son wasn’t acting illegally and wasn’t a danger to himself or the officers who confronted him. The notice alleges the officers’ conduct “was not justified, and constituted excessive force and unjustified force, was a violation of the civil rights and constitutional rights guaranteed to the decedent under the U.S. Constitution and New York Constitution.”