Families of Man Fatally Shot by State Trooper File Lawsuits
Albany, NY – The family members of James Dellea, a Hillsdale man who was fatally shot by a state trooper in Malta, have filed lawsuits against the state and its employees, including members of the State Police. The lawsuits aim to "recover damages for intentional infliction of emotional distress."
Background of the Incident
On September 11, 2024, Dellea’s family called the police to help him, as they knew he was struggling with his mental health. Troopers found him in the parking lot of the Albany Saratoga Speedway on Route 9 in the town of Malta. The Attorney General’s office released body camera video of the incident, which showed a police officer asking Dellea to get out of his car, but he refused and drove off. The trooper followed his car into a church parking lot, where other troopers met him, including Trooper Brian Rudolph.
The Shooting
Dellea began hitting the window with his fist, then broke the passenger side window with a "long gun." This caused Trooper Rudolph to shoot Dellea three times, killing him instantly.
Reactions and Response
"We are still grieving and going through so much heartache," said Melissa Simmons, Dellea’s wife of 33 years. "I wish he would’ve given him some time. Because then he would still be with us, and we wouldn’t be going through all this heartache."
Trooper Rudolph chose to retire after 23 years of service for personal reasons. When NEWS10 reached out to State Police about the lawsuit, a spokesperson said, "We are declining to comment due to the pending litigation."
Conclusion
The family’s decision to file a lawsuit comes as they continue to mourn the loss of their loved one. The incident has left them with emotional distress and a sense of loss, which they hope to alleviate through their legal action.
Frequently Asked Questions
Q: What is the purpose of the lawsuit filed by James Dellea’s family?
A: The lawsuit aims to "recover damages for intentional infliction of emotional distress."
Q: What was the background of the incident that led to James Dellea’s death?
A: James Dellea’s family called the police to help him due to his mental health struggles, and troopers found him in the parking lot of the Albany Saratoga Speedway on Route 9 in the town of Malta.
Q: What is the current status of the lawsuit?
A: The lawsuit is pending and has not been resolved.