Police: Man dead after police involved in shooting in Schenectady

Reported by: Julie Tremmel

Videographer: P. Busa
Reported by: Katherine Underwood
Videographer: C. Hovden
Editor: Z. Radick
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Updated: 8/14/2011 2:52 am
UPDATE:


Saturday, the suspect's sister was arrested as the investigation continues.

Friday night's officer involved shooting on Grove Place left the suspect, 32-year-old Luis Rivera, dead.

Because this happened in the early evening, there were a lot of witnesses.

Police say 14 shots were fired just before 5:00 p.m. Friday.

Police say the suspect threatened the lives of the three officers and they acted appropriately.

But, many witnesses say they are questioning the police action.

“Get your hands up, get your hands up, and he’s yelling, ‘I’m dying, I’m dying,’” recounted one woman.

Grove Place residents are having a tough time dealing with what they saw Friday night when officers shot and killed the 32-year-old Rivera.

Police say Rivera failed to obey commands and then showed a handgun.

“At that point when you decide your life is in danger, you’re going to fire your weapon in compliance with Penal Law Section 35, to make sure the threat is eliminated,” explained Schenectady Police Commissioner Wayne Bennett.

Neighbors are questioning those actions, but are afraid to show their face, for fear of what they call "police retaliation."

“If opening fire in a residential neighborhood where there are so many children playing is nothing wrong according to policy, then maybe the policy needs to be changed,” explained an outraged resident.

Police shot at the suspect from the State Street end of Grove Place.

You can still see the evidence markers in the area where Rivera was shot and killed down. We spoke with a woman who lives three houses down from that spot, where two bullets were pulled from her porch.

“They actually told me they pulled one from here,” said the homeowner.

That woman's main concern - if those bullets traveled through the neighborhood to her house, what or who else could have been hit?

“It could have been a kid riding on the sidewalk, we don't know where the bullet came from, bullets don't have names on them,” she said.

Treasure Clayton runs Project Hope, an anti-violence group in the city.

She's worried most about how the kids will react after seeing a deadly shooting.

“I'm an adult, I can process this stuff and it’s still difficult,” Clayton said. “What do we expect from our children, what kind of example are we trying to set.”

Police say officers are trained to hold fire unless they have a clear shot – and say the three officers involved in Friday’s shooting acted within policy.

They add that you can't pick the time and place when things like this happen.

They say the officers did what was needed to stop what they believed was a threat to themselves and the entire neighborhood.

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Police say the autopsy on Luis Rivera has been completed.

The results, which are being held as evidence, will not be made available.

Police say there will also be no further comments made in regards to the shooting and add this incident matter may be brought forth to a Grand Jury at a later time, which is a normal procedure.

Members of this Department did make an arrest today at the crime scene at approximately 10:45 a.m. 

Police say a grieving family member, 24-year-old Iris Vazquez of Schenectady, was repeatedly warned by Officers not to violate the integrity of the crime scene by passing the crime scene tape.

Police say Vazquez became belligerent with officers and attempted to enter the crime scene in an attempt to establish a memorial for her loved one. 

Vazquez was taken into custody and charged with Obstructing Governmental Administration and Disorderly Conduct.

She was arraigned on those charges by the sitting Schenectady City Judge and released on her own recognizance.

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A Schenectady neighborhood is in shock after witnessing a fatal police shooting.

UPDATE:


Together, three Schenectady Police Officers responding to a 'man with a gun' call Friday night, shot and killed a 32-year-old suspect right in the middle of State Street just before 4:30 p.m.

Public Safety Commissioner Wayne Bennett says the police acted properly, and that the suspect tried to pull a gun on the officers as they were attempting to arrest him.

Fox23 was one of only two stations to have a conversation with the family of the suspect as they left the police department Friday evening in tears.

Even before authorities would confirm any of the details, the mother and brother of 32-year-old Luis Rivera confirmed that it was their family member who had been involved in an altercation with Schenectady police that turned deadly in broad daylight.

Rivera's family could be seen leaving the police department embracing and crying just after learning Rivera's fate at around 7 p.m.

State and local detectives are now combing the area, interviewing witnesses, and searching for answers.

In fact, they've even put out a call for the public to help.

Investigators are interested in speaking with anyone who may have been driving down State Street at the time of the altercation.

In the meantime, Bennett says all indications so far, show that the officers acted properly.

He said, "The subject did have a gun. He was ordered to stop and get down. He failed to do so, and at one point he turned and motioned toward the officers, they saw the gun, and at that point they fired upon him, all three (officers)."

Some witnesses paint a similar picture.

Jessica Ostrander said, "At first, the police grabbed him, and he pulled away and he ran. And then the guy (the suspect) pulled out something. I didn't see what it was, and threw it."

The original call came in as a 'man with a gun' on State Street, and Bennett says, within 10 minutes, the three officers had identified Rivera as the man in question.

The Commissioner says, when 10-year veteran Schenectady Police Sgt. William Fennell attempted to arrest the suspect, who was trying to flee the scene, the Sgt. managed to grab his shirt.

But, Bennett says, somehow, Rivera quickly pulled away, and then reached for a gun, and that's when all three S.P.D. officers fired.

Police Chief Mark Chaires said, "This is going to be a long, exhaustive investigation. The state police will also be involved. I can tell you based on the evidence we have now, but we will be collecting more, everything appears to be a terrible tragedy, but within policy, and not excessive."

The Commissioner says a total of 14 shots were fired, but will only confirm that 'at least two shots' hit the suspect.

Hours before the department released any information to the public, Ostrander was already quite sure of how many shots she had heard.

"He was shot at at least 14 times," she said.

Those who watched the situation unfold were horrified.

One little boy said, "I heard all the gunfire, then I just saw the man laying on the ground."

Ostrander said, "He left on a stretcher, and there was blood everywhere, all on his shirt."

Some people say they went into survival mode when they heard the shots pop.

While holding her two young children, Gale Gentile explained what she went through as the incident unfolded.

"I was walking to their father at the barber shop and I heard the gunshots. The first one went off and I just ran, pushed my kids up, I have two other ones (kids). I just pushed them in the back (of the shop). I mean, my heart was thumping," she said.

Bennett says Rivera has a lengthy arrest record, and spent time in prison on criminal weapon possession charges.

The Commissioner also added that, on Thursday night, Rivera was the victim of an assault and robbery investigated by the department.

He says that alleged crime happened near where Friday's shooting happened, and that Rivera was not cooperative with detectives who were on scene to look into the case.

Authorities say Rivera was carrying a 9mm semi-automatic when he was shot on Friday, but it's unclear if it was loaded at the time.

Bennett was unsure as to whether that gun was registered, and the weapon will be processed by forensic scientists in the coming days.

The three police officers have been placed on paid administrative leave, and will work with counselors to decide when to return to work.

The three police officers involved in the shooting are Sgt. Fennell, Officer Kevin Rayball and Officer Mike Wood.

We are told an autopsy will be conducted on Rivera Saturday at Albany Med.

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Police tell us Schenectady Police went on a call reporting a man with a gun on State Street and Grove.  When they arrived on scene they found a man who fit the description.

Investigators say they attempted to detain the man and say he tried to pull a gun.
    
Three members of the force fired 14 shots at 32-year-old Luis Rivera.

He later died at Ellis Hospital.

Police tell us Rivera has a criminal history and was in prison before.

Sgt. William Fennell, Officer Kevin Rayball and Officer Mike Wood are being put on paid administrative leave while police investigate.  But at this point they believe they acted properly.

We are told an autopsy will be conducted on Rivera tomorrow at Albany Med.
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The views expressed here do not necessarily represent those of FOX23 News - The 10 O'Clock News - Always at 10 - Now Also at 11

Grassi - 8/19/2011 11:16 PM
0 Votes
You can argue this all day long. Bottom Line, The Police were wrong. If i lived their with children, i would have had a lawsuit with the Schenectady Police department, and won. Was the gun loaded? Did he pull it out? It doesnt matter as 1 guy said it earlier "PERIOD". 14 shots is RAGE not self defense, LOL. And ok, only some hit em, so they had to fire more, well come on, i thought they were professionals? Only so many feet away, 30 or something. These cops should be suspended indefineately. The victim never pulled the gun out on the Police, he threw it, LOL. Bunch of "HIGH POWERED" criminals. You can search "Google" all day long, and there are few if any cases like this with few shots fire, were talking 14 shots in a narrow and busy city street. Bin Laden didnt even take more than 4, Suddam didnt even take any shots, were talkin known assasins here. Police are suppose to be professional, there was nothing professional bout this. They already knew before arriving he was armed. Lots of issues with that Department all the time, from Officers beating their wife, to transporting narcotics. Yeah i think they should really investigate. I do support the police who make things safe in the community however... Fly Pelican.

jtjohnson260 - 8/15/2011 1:47 PM
0 Votes
One of the cops was close enough that he had pushed the guy away then pulled his gun....how do you miss that many shots. And the shots were rapid fire. Did they decide to skip on training for accurate shots?

jtjohnson260 - 8/15/2011 1:45 PM
0 Votes
I highly doubt that if the cops were close enough to see the "gun" they would have missed that many times. Incase you dumb asses don't know how bullets work it doesn't take 14 shot to drop a person. And had he pulled a gun a shot in the shoulder, hand, arm, ect. would be plenty to stop. Or a tazer works pretty well. Stop sticking up for the cops in the city (which have already shown they are corrupt). These 2 were a couple of trigger happy and had power go to their heads and should be kick off the force. Forget that "suspended with pay" crap. Also there is a camera right where all this happened. Where is this video, or did it not capture any by some coincdence.

cleanupschdy - 8/14/2011 6:03 PM
0 Votes
Hazeleiez, the police acted in the manner they are trained with situations like that. They can not tell if the gun is real, fake, or loaded until it is obtained. So as your friend attempted to pull the gun out whether he meant to turn it over to police they take that as a sign of hostility. It is their first instinct to fire their weapons and contain the threat. As a felon with a list of past crimes your friend should be familiar with the rule of putting your hands in the air and not reaching into your pockets when the police are talking to you. It makes them nervous and more likely to react to a dangerous situation. Also as stated before your friend was a felon, he can not legally carry a gun. As for you and your friend, it is sad that happened to you, but you do not come toward police in these kind of situations unless you are told to do so.

Hazeleiez - 8/14/2011 11:25 AM
0 Votes
Well I knew louis and his brother. And its sad because he barley knew complete english..But how do you shoot to kill just by seeing a weapon not knowing if it was loaded or even real. We all know bb guns these days all look real.But How come the cops shot 14 shots and did not get 1 bullet fired at him. He should have been talked to help. The police should have known his situation from the robbery and assult on him and shouldve known that bullet wasnt for them. I have also witnessed my friend getting tazored for no reason. He got into a fight with a boy who started it first. The boy ran home called the cops..The cops had my friends discription cause he wasnt wearing a shirt. They approached my friend not even knowing the story and when my friend put his hands up and walked towards them talking they tazored him in the chest. My friend just dropped gashing his head on the concrete..When I retaliated screaming he didnt do anything I took names and badge numbers which led me to a summons for obstruction of peace. Cops these day forget the law.They assume every individual is guilty before proven innocent. Its sad louis had to leave us soo young because of ignorant cops. Those cops should definitely loose their badges. Show some justice for once take the bad guys off the streets cause those officers definitely take their power for granted.

Parker 142 - 8/14/2011 4:02 AM
1 Vote
You liberal below me make me sick. Yeah, guys, way to freakin' go, let's tear apart every action of the police until we find the slightest thing wrong and then tear apart what credibility they do have. I'll tell you this: had the perp been armed and the officers killed, you'd all be saying: "Well, why didn't they fire?" But no, because the perp the cops are alive and well, and the perp died, we're gonna go political and criticize the police for doing and responding the way they're trained. Not one of you is a cop and ergo your opinions mean nothing because YOU'VE never been in this sort of life and death situation. The cops are alive and that's all that matters. If you don't police, keep it to yourself. Police are so under respected, it's sickening. I'd rather a policeman/woman go home to their families then some spik up to no good-like normal.

ladym24 - 8/13/2011 11:56 PM
0 Votes
I didn't realize you could tell that a gun wasn't loaded just by looking at it? And shooting someone in the leg doesn't mean they cant pull a trigger.....

amsterdam12010 - 8/13/2011 8:56 PM
0 Votes
First of all, just because someone has the name Rivera, does not authomatically make them "a gang member" stop the dam prejudice. How come you don't hear spanish people talking about (when they get arrested) "Oh arrest the white collar people" that are bringing in the majority of drugs" oh no, let's just get the small time users! Please cops must be careful and you could just shoot on the leg to criple the person. He did not have a loaded gun! Stop the racist comments, you look immature and sould stupid Woodchuck! We all bleed RED!!!!

Robertsig - 8/13/2011 5:45 PM
1 Vote
Number 1, and formost, a convicted felon is not allowed to own or posess a weapon of any kind. I'm sure he was up to no good, probably revenge for the previous day's assault and robbery that he endured. Police officers did what they had to do to "Protect and Serve".

Margot - 8/13/2011 4:52 PM
1 Vote
You are all blaming it on the police for this. What was the man doing with a gun any way and I am sorry how it all turned out. The Person gave the police no other choice. Take back your city and if you see anyone with a gun turn them in don't let them walk in you city with a weapon this is why people are being shot in this city. Get rid of the guns that people should not have
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