April 17, 2016 Incident and Aftermath
In the early morning hours of April 17, 2016, Edson Thevenin was driving home alone to Albany after celebrating his brother’s birthday in Troy. He was pulled over by Troy Police Department Sgt. Randall French on suspicion of driving while intoxicated. The attempted arrest of Mr. Thevenin culminated in his death by police gunfire a short time later.
Edson Thevenin was a 37-year-old married father of twin nine-year-old boys. He was employed as a mechanic by the Capital District Transportation Authority. Mr. Thevenin lived in Albany with his family. He has been described lovingly by his wife, Cinthia Thevenin, his mother, Gertha DePas, and pastor, Tre’Staton, who noted how the children of the church especially appreciated him.
Sgt. Randall French was an experienced officer, well regarded by his peers. Sgt. French, age 37, died prematurely and tragically from COVID-19 on April 30, 2020.
The Event. Shortly after 3 am on Sunday, April 17, 2016, Edson Thevenin was stopped for suspected driving while intoxicated in downtown Troy. Having failed field sobriety tests, he drove away against the verbal commands of Sgt. French. Sgt. French initiated pursuit, called for assistance, and reported on the police radio that the fleeing person had “tried to run him over.” The ensuing pursuit went north on Sixth Avenue and right onto Hoosick Street, heading east. Mr. Thevenin then made a U-turn, and entered the approach ramp of the Collar City Bridge.
Sgt. French pulled to the right front of Thevenin’s vehicle. Mr. Thevenin’s car crashed into the cement wall, disabling the steering. Capt. Mathew Montanino, having joined the pursuit, boxed in the Thevenin vehicle in the rear with his Troy police cruiser. At this point the disabled Thevenin car was inoperable and could only move a few yards forward and backward, being restrained by the wall and Capt. Montanino’s vehicle.
Sgt. French exited his vehicle and fired eight rounds through the windshield, striking Mr. Thevenin seven times, causing his death. Sgt. French claimed that his left leg was pinned by the Thevenin vehicle snd that fearing for his life, he discharged his weapon from this single position.
Investigating Agency and Authority. On July 8, 2015, Governor Andrew Cuomo signed Executive Order No. 147, appointing the New York State Attorney General as special prosecutor “to investigate, and if warranted, prosecute certain matters involving the death of an unarmed civilian . . . caused by a law enforcement officer.”
Investigators from the Office of the NYS Attorney General (OAG) responded to the incident scene the morning of the shooting in an attempt to determine which agency – the OAG or the Rensselaer County District Attorney’s Office (RCDA) – would ultimately have jurisdiction over the matter.
The TPD removed the OAG investigators from the incident scene, and then-Chief John Tedesco instructed his officers not to share any evidence with the OAG staff. Since the executive order was issued, this stands as the only case where a local police department did not work professionally and collaboratively with the OAG during the period of jurisdictional determination1. Joel Abelove, then-Rensselaer County District Attorney, directed that his office would lead the investigation.
The OAG took control of the investigation after filing a lawsuit to obtain the RCDA file (which contained the TPD file) and other key evidence. On April 29, 2016, New York Governor Andrew Cuomo issued Executive order 147.4 authorizing the OAG to seize control of this investigation from the TPD and the RCDA2.
RCDA challenged the OAG Jurisdiction, and this took three weeks to be resolved. During that time, the Rensselaer County District Attorney, in close collaboration with the Troy police, proceeded to investigate and attempted to conclude this matter.
Processes of Investigations, Legal Proceedings, and Authoritative Findings
Multiple investigations were conducted by Troy Police, the Attorney General, and contracted specialty forensic consultants. Grand juries were conducted by both the OAG and the RCDA,
The RCDA was indicted by the OAG for perjury and official misconduct. Initially the charges were dismissed by Columbia County Judge Jonathan D. Nichols. The OAG brought the ruling of dismissal to the Appellate Court where it was overturned, thereby reinstating the indictment of Joel Abelove. The RCDA was tried in Troy at a bench trial heard by the same Judge Nichols in September 2020. Joel Abelove the former RCDA was acquitted in that trial that ended on Thursday, September 24, 2020.
However, the prosecution was effective in establishing that a grand jury was convened only 5 days after Mr. Thevenin’s death, before the TPD had completed their investigation, and that Sgt. French testified at that proceeding without having waived immunity. This meant that under current New York State statutory and case law, criminal prosecution of Sgt. French for the shooting would be impossible, regardless investigative outcomes or the OAG’s ultimate conclusions.4 The prosecution also brought forth forensic evidence that disputed critical content of the report filed by Sgt. French. This included the fact that Sgt. French had caused Thevenin’s car to crash by cutting him off and crashing in to him while driving his TPD patrol car. Both cars were damaged, contrary to Sgt. French’s assertion that he had not seen the crash and implication that he did not know how it had occurred.
In summary: The Rensselaer County District Attorney (RCDA) directed and led the Troy Police Department investigation and actions immediately following the incident and did so in a questionable way.
January 16, 2018 New York State Attorney General’s Report, “Investigation into the Death of Edson Thevenin,” by the (OAG) Special Investigations and Prosecutions Unit was issued. This is a comprehensive 221-page report that included nationally known forensic experts reconstructing the crash event, reexamination of the vehicle damages, filed police reports, bullet trajectories, witness interviews, and a grand jury which was seated and called participants and witnesses regarding the events.
The report states, “The OAG cannot disprove that Sgt. French reasonably believed that deadly force was necessary to defend himself.5 However, the TPD, almost from the beginning of its investigation, prejudged the outcome. Second, the TPD grossly mishandled the three civilian witnesses. Third, the TPD failed to arrange for basic forensic analyses to be conducted. Fourth, the TPD overlooked or ignored evidence that conflicted with Sgt. French’s account, including the bullet trajectory evidence. “ The findings included: Sgt. French was not pinned by Mr. Thevenin’s car as he stated and did not fire from one location.
Three recommendations were made to the Troy Police Department in the OAG’s report:
First, the TPD needs to overhaul its investigative approach to officer-involved shootings. Among other things, the TPD should: abstain from prejudging (and publicly announcing) the results of an investigation before it has been completed; make broad efforts to identify and promptly speak with all civilian witnesses (and fully elicit their narratives); properly train TPD members in the evaluation of evidence (particularly bullet trajectory evidence); and readily seek assistance from outside experts when questions arise.
Second, the OAG recommends that the TPD review and update its training and policies with respect to shooting at vehicles. An ever-increasing number of law enforcement agencies are adopting policies that prohibit an officer from shooting at a moving vehicle if the vehicle itself is the only threat to the officer’s safety. The goal of these policies is to trigger in officers confronting a vehicle an automatic response of getting out of the way rather than discharging a firearm. This type of policy change, with the necessary and attendant training, has become the standard for a number of law enforcement agencies across the nation.
Third, the OAG recommends that the TPD outfit officers with body-worn and dashboard cameras. Videotaped evidence would have facilitated the investigation of this incident and would have provided a more reliable account of critical details of the events. The absence of any such digital video evidence in this case underscores the need for police agencies and policy makers to work toward outfitting as many officers and vehicles as possible with body-worn and dashboard cameras.
An investigation, Case 16-04, by the Inspection Services Bureau of the Troy Police Department was conducted by Captain Joseph L. Centanni and filed July 24, 2019.
This report is stunning in its directness and findings. Referring to the Initial Troy Police Department investigation in the days immediately after the event, it states: “this investigation was prejudged by several members of the TPD Detective Bureau and Command Staff. These prejudices along with vast intricacies related to the involvement of the RCDA Office created disorder which resulted in embarrassment, confusion and added consternation to the Thevenin and French families.”7
A highly regarded forensic crash investigative company, Comprehensive Motor Vehicle Services and Consulting (CMVSC), was contracted to conduct vehicle autopsy and accident reconstruction. This resulted in a clear finding that the Troy police cruiser driven by Sgt. French had passed to the front right of Thevenin’s car and caused the crash by crashing into his front right fender. 8
This startling finding is in direct opposition to French’s statement that he did not witness the crash and was not in the line of sight when it occurred.
The ISB report, concurring with the OAG report, finds that forensic evidence contradicts Sgt. French’s contention that he was pinned and fired from a single position. It also found that Sgt. French initiated an unauthorized crash and forced the Thevenin vehicle to strike the concrete barrier.
The investigation also concluded that Sgt. French “engaged in several reckless acts which dramatically increased the likelihood of a violent confrontation with Mr. Thevenin. “Upon exiting his vehicle, Sgt. French intentionally placed himself in the direct path of Mr. Thevenin’s vehicle. These reckless actions by Sgt. French were diametrically opposite the training provided to TPD members. As a result of Sgt. French’s lack of justification under those circumstances, Sgt. French is equally responsible for the circumstances that led to the discharges that occurred while he (Sgt. French) was immobilized between the vehicles. Sgt. French is principally responsible for this outcome.”9
The ISB report’s existence was revealed only after a confidential source notified Cinthia Thevenin’s attorney of it. The United States District Court, Northern District of New York, ruled on Mrs. Thevenin’s petition that the ISB report be disclosed to her and her attorneys, and also released it to the public on August 19, 2019. The Troy Police Department immediately launched an unsuccessful investigation to find out who was the confidential source revealing the report’s existence.
After the report was released, Troy’s corporate counsel issued a statement challenging the integrity of the internal affairs report and disclosed that the city hired an “experienced legal expert” to conduct an independent review of the report. The “expert” found that the report was “fundamentally flawed.” The expert’s review memorandum has never been released to the public. It is referred to as the “Ranalli Report” provided by Michael D. Ranalli of the Force Science Institute.
Official Communication with the Community
The day after the shooting, Chief John Tedesco held a press conference, attended by Mayor Patrick Madden and District Attorney Joel Abelove, during which he said that Sgt. French had fired his weapon only after being pinned by Mr. Thevenin’s vehicle. Chief Tedesco further stated that, “At this juncture in the investigation while it’s still ongoing, it would appear that the actions of Sgt. French are certainly in line with the law, department policy, and his training, and we are fully supporting the sergeant and his actions.”3
Note: Four days later, Sgt. French was given immunity during a secret proceeding. These actions occurred in the absence of fully completed forensic and physical evidence that were accomplished in other review processes, particularly the attorney general’s investigation and a later investigation of the Inspection Services Bureau of the Troy Police Department. The RCDA and initial TPD investigation stand alone in the opinion that Sgt. French was pinned and fired from a single position.
Official Interaction with the Thevenin Family
Initially, The Troy Police Department told the Thevenin family that Mr. Thevenin died in a car accident. After learning from an officer at the hospital that Mr. Thevenin had been shot, the family went, in a futile search for additional information, from the hospital to the incident scene to the police department to the morgue. The family was not provided with TPD victim services information or even a departmental contact person. The family ultimately heard the official account from the TPD press conference the day after the shooting; Mr. Thevenin’s mother tried to attend the conference but was denied access. The Thevenin family did not hear again from the TPD prior to the grand jury presentation, which the family was not informed would be taking place. The Thevenins learned of the presentation and its outcome when a member of the RCDA reached out to their pastor in order to obtain Mrs. Thevenin’s phone number. As noted above, the family had to sue to obtain access to evidence and reports.
Additional Community Issues. In the days after the event a young woman wrote this on the Downtown Blog: “I have been reading about Officer French and the shooting. I thought I would go and look at his Facebook page. And this is a bit worrisome to be honest. Pictures of guns and statements about doing violence. I’m not saying he did or did not do…. but eight shots? And now witnesses saying he shot when not in danger. I know this is a man’s life, but another man died and perhaps did not need to die. I hope there will be a full investigation so we can get to the bottom of this. God Bless.”10
On inspection, Sgt. French’s Facebook page included photos posted in October 2014 showing three uniformed officers on foot patrol on a snowy evening. This quote accompanied the picture: “People sleep peacefully in their beds at night only because rough men stand ready to do violence on their behalf” – George Orwell.
The Facebook page and the content remained active until and including the day Sgt. French died, April 30, 2020. Notifications of concern about the FB posting were given to the city administration several times. This quote is falsely attributed to George Orwell, a fact easily found on Wikipedia. George Orwell did say, however, “Political speech is made to make falsehoods sound true and murder respectable.”
Community advocacy groups have contested and demonstrated in objection to the management and outcomes of the handling of the Thevenin death and subsequent actions and statements. During Mr. Abelove’s Trail in September there were all day demonstrations outside of the Courthouse. On several other occasions demonstrators attended meetings or the Troy City Council as well as street demonstrations. Both the “Justice for Dameek” and Black Lives Matter Troy organization include the Thevenin case in their overall messages for police reform and social justice.
This narrative was compiled after viewing the January 16, 2018, NYS New York State Attorney General’s Report, “Investigation into the Death of Edson Thevenin,” by the (OAG) Special Investigations and Prosecutions Unit and a Troy Police Department report of the Inspection Services Bureau (ISB) Case 16-04 (the Centanni Report), “Death Investigation of Mr. Edson A. Thevenin,” filed on July 24, 2019, by Detective Captain Joseph L. Centanni and the trial content of the former Rensselaer County District Attorney. Information from news articles and from statements attributed to individuals and various officials are included in this narrative.
Acronyms
Centanni Report – Case 16-04 Report of the Death Investigation of Mr. Edson A. Thevenin
CMVSC – Comprehensive Motor Vehicle Services and Consulting
EMT- Emergency Medical Technician
ISB – Inspection Services Bureau of the Troy Police Department
JCRC – The Justice Center of Rensselaer County, a recently (July 2020) incorporated unaffiliated citizen organization
NYS OAG – New York State, Office of the Attorney General OAG – Office of the Attorney General
RCDA – the Rensselaer County District Attorney’s Office RPI – Rensselaer Polytechnic Institute
TPD – Troy Police Department
Footnotes
- OAG Report on the Investigation into the Death of Edson Thevenin, pg. 3 footnote 1
- OAG Report on the Investigation into the Death of Edson Thevenin, pg. 3 footnote 1
- OAG Report on the Investigation into the Death of Edson Thevenin, the TPD Prejudged the Outcome of the Investigation pg. 4
- OAG Report on the Investigation into the Death of Edson Thevenin, pg. 4 Paragraph 3
- OAG Report on the Investigation into the Death of Edson Thevenin, pg. 4 paragraph 2
- OAG Report on the Investigation into the Death of Edson Thevenin pg. 5
- City of Troy Police Department, Inspectional Services Bureau, Case16-04,
Death Investigation of Mr. Edson A. Thevenin, Pg. 6, Secton1 Paragraph 2 - City of Troy Police Department, Inspectional Services Bureau, Case16-04,
Death Investigation of Mr. Edson A. Thevenin, Pg. 6 paragraph 2 and pgs. 39-
41 Scenario 4 - City of Troy Police Department, Inspectional Services Bureau, Case16-04,
Death Investigation of Mr. Edson A. Thevenin, Pg. 7 concluding Paragraph
10. Pg. 6 Posted on Troy Neighborhoods Action Council, Downtown Blog
week of April 18th 2016. Digital copy available by request through the Justice Center of Rensselaer County