ALBANY, N.Y. (NEWS10) – Governor Cuomo has issued an amendment to the previous Executive Order to give the Attorney General the authority to investigate. The Attorney General has been ordered to decide whether the Troy Police officer involved was at fault or not.
Though it won’t bring their family member back, the Thevenin family said their push for an outside investigation has slightly put them at ease.
“Well, I’m definitely grateful that the AG decided to step, stand up, and take a look into this and we’re just looking to see what his conclusion of the investigation will be,” said Thevenin’s family.
The DA closed the case saying Officer randy French’s actions were justifiable that morning. But now the case is back open.
And Attorney General Eric Schneiderman is looking to dig deeper.
“The governor has the power on an individual case to say Mister District Attorney, you’re not handling this. I’m superseding you on another person handling this case,” said Attorney Arnold Proskin.
Attorney Arnold Proskin said it’s good for Thevenin’s family to be speaking out but what they said will not be part of the criminal process.
“Sure their hearts are broken over what happened here. No matter what happens, they lost somebody but that’s not part of the proof to whether there should be an indictment or not, “ said Proskin.
Representatives from the Attorney General’s Office have gone back out to the scene to collect evidence. Proskin said the Attorney General will have to find NEW evidence in order for this case to change or move forward.
“If they want to say, oh there’s going to be an indictment, that’s justice for the family. If there’s proof that the officer did this, not without unreasonable doubt. If its probable cause that he did this, then the officers going to be indicted that he committed a crime,” said Proskin.
When News10ABC asked Attorney Arnold Proskin why the Troy Police Department did not comment on the cell phone video provided by the witness, he said it’s to protect themselves from making the wrong judgement in public.
They rather discuss the evidence behind closed doors until a final determination can be made.
News10ABC did reach out to the Attorney General’s office to see if they could give us more details on what will happen next in this investigation. News10ABC was told they will not be addressing the media for an interview about this matter until Monday.