A grand jury has declined to indict a Canandaigua Police officer for shooting an off-duty parole officer in her apartment last October.
Ontario County District Attorney Jim Ritts told reporters today that the grand jury concluded after hearing from multiple witnesses and examining medical records, the actions of officer Scott Kadien in the shooting death of Sandy Guardiola were justified.
Ritts said Kadien went to her apartments on a welfare check.
He found Guardiola in bed and left her room to call for an ambulance.
Kadien returned and Guardiola held a weapon which discharged.
Ritts says officer Kadien repeatedly told Guardiola to put down the weapon, but when she didn't and pointed the gun in his direction, he fired three times.
Ritts says a grand jury determined Kadien was justified in using deadly physical force.
“He believed he was confronted by the use or imminent use of deadly physical force against him, and his belief was objectively reasonable,” he said.
Ritts says the investigation into the matter has concluded.
The family of Sandy Guardiola released a statement right after Ritts' announcement:
"The family of New York State Parole Officer Sandy Guardiola, who was killed on October 4, 2017 while in her bed, are outraged by the announcement that the Ontario County District Attorney will not be pursuing charges against Officer Scott Kadien.
Kadien unlawfully accessed a key card and entered Ms. Guardiola’s apartment and then shot and killed her while she was in her bed.
The family has largely been kept in the dark during much of the alleged investigations that have taken place. “I want them to remember who the victim is here,” said Andrew Ocasio, Ms. Guardiola’s son. “My mom is the victim. My mom was shot and killed in her own home. All of these excuses they keep trying to make do not erase that important point,” he added.
In response to today’s press conference, Alysa Ocasio, Ms. Guardiola’s daughter,stated: “What do my mother’s medical issues have to do with the fact that she was murdered in her bed?
Once again, the authorities continue to make excuses to justify the officer’s illegal actions.” She added: “I am sad and disappointed that a system that my mother devoted her life to has failed her on such a catastrophic level.”
“The facts as stated by the authorities defy logic,” Luna Droubi, attorney for the family stated. “We will be filing a lawsuit shortly with the facts as we believe happened,” Ms. Droubi confirmed. “It is clear to the family that justice will not be sought on their behalf by the authorities. The family has no other recourse but to seek justice for Ms. Guardiola through a wrongful death action,” she added.