Albany police, though claiming that they had called off a high-speed chase of a mentally ill woman before she crashed into a young man’s vehicle, killing him, were at the center for a wrongful death lawsuit filed by his parents. The city of Albany has now settled that suit prior to trial, paying the boy’s parents $200,000, as reported by the Times Union.
An insurance company for the woman, in a settlement order that was filed in the state Supreme Court, will also pay an additional $50,000.
Four years ago M.W. drove her car over the speed limit as she tried to evade police before slamming into the car being driven by H.C., 17, as he drove north on Henry Johnson Boulevard.
J.C. and D.C., H.C.’s parents, were scheduled to be in Albany for the trial just before the settlement was reached. In the four years since their son’s death, they have been battling the legal system to get police records.
J.C. said, “It was about holding somebody accountable, the city of Albany accountable, for something they did wrong. (M.W.) is held accountable because she's serving 6 to 12 years (in state prison).”
Allegedly M.W. had a history of mental health problems prior to the incident. Police officials claimed that a sergeant had ordered officers to cease the pursuit seconds after it started – and well before she crashed into H.C.
Two years ago H.C.’s parents, and their attorney, were able to see the police records from the night their son died. They discovered seven witness statements had been withheld by the city – though there had been a court order to release the information.
Allegedly some of the statements suggested that though sirens may have been switched off, the pursuit of M.W. had continued through West Hills and Arbor Hill – both considered to be heavily populated areas.
D.C. commented, “We had our feelings right from the start because there were witnesses telling us things and everything was just denied even though people were telling us. I really didn't feel like they ever just admitted their fault. ... How was (H.C.) supposed to know, if they turn off their sirens? ... He didn't stand a chance.”
A city attorney said that the failure to disclose was “inadvertent” and only left off as the documents had become part of an internal affairs file.
Reporters learned that the city paid the couple $10,000 last year, and had been asked to sign a confidentiality agreement. The money was allegedly to repay them for their legal fees in working to obtain the withheld witness statements.
A private attorney that handled the case for the city, Shawn F. Brousseau, said, “It's unfortunate that she (M.W.) didn't have more insurance, but it's just such a terrible tragedy.”
M.W. told police that she saw “monsters” in her car’s rear-view mirror during the chase. She had been released from a mental health tier of the Albany County jail – where she had been held on unrelated criminal charges – just weeks before the crash.
M.W. was convicted of manslaughter; she is eligible for parole in June 2013.
Contact a personal injury lawyer if you have lost a loved one due to a wrongful death and no fault of their own. Oftentimes monetary awards are made to help you defray your current and future losses.