Today oral arguments were presented to the three-panel judges of the Second Circuit Court of Appeals of NY. 1 2
In September, 2019, Federal Judge, U.S. Magistrate Daniel J. Stewart declined a motion by the City of Troy to dismiss the civil lawsuit, Cinthia Thevenin vs. The City of Troy et al. The City of Troy, at the time, argued that Sgt. Randall French was authorized in his use of deadly physical force in the murder of Edson Thevenin.
Magistrate Stewart noted that there were too many conflicting accounts from witnesses, citing the testimony of Phillip Gross, and ruled that the trial should continue as a jury trial.
"An internal affairs' investigation that had been concealed by Troy city officials also concluded last year that French was not in imminent danger when he fired the first two rounds through Thevenin's windshield."3
On September 25, 2019, the City of Troy and Officer French filed an appeal of this decision-- that there were "'material questions of fact' about the shooting that should be resolved by a jury of trial" and it is now finally being heard by the Court of Appeals.4
The decision of the appeals court will determine if the civil lawsuit proceeds. Danielle French, the widow of Officer Randall French, has joined the case as an appellant after Officer French passed away from Covid-19 in April 2020.5 6