Judge dismisses trooper lawsuit
CANTON — A state Supreme Court judge has dismissed a wrongful death lawsuit against St. Lawrence County by the family of a state trooper killed in a 2007 shootout.
Judge David R. Demarest ruled Monday that the county probation department's handling of a warrant several months before Trooper David C. Brinkerhoff's death "was not a factor which indirectly produced this tragic result."
He died in a Delaware County shootout between police and North Lawrence resident Travis D. Trim.
"We completely disagree with the judge's decision in many respects," said Marc S. Albert, of the Seeger Weiss law firm in New York City, who represents the Brinkerhoff family. "We believe it to be clear that a different result would have been reached if the warrant had been timely sought by the probation department and the police department timely notified, allowing the authorities to apprehend an unsuspecting Trim. The negligence of the probation department led to a far different scenario."
Barbara Brinkerhoff and her infant daughter, Isabella, filed a lawsuit in August seeking unspecified damages against the county probation department, Probation Director Francine M. Perretta and department employees Allyson Brown and Sai Bristol. A notice of claim filed in February 2008 indicated the family was seeking $100 million.
The family claimed county officials failed to properly handle a warrant that could have led to the fugitive gunman's arrest months before her husband died.
"While it is true that delay of the arrest warrant may have permitted Trim to remain at large for several months, it was Trim's criminal act in shooting Trooper (Matthew) Gombosi that brought Brinkerhoff and his MRT (Mobile Response Team) unit — prepared to confront Trim who was then-known to be armed and violent — to the home in Margaretville, New York" Judge Demarest wrote. "Defendant's delay in seeking an arrest warrant beyond 7 business days of it having ascertained knowledge of Trim's significant violation of his probation conditions, was not a factor which indirectly produced this tragic result."
Trooper Brinkerhoff was killed by friendly fire during a gunfight in a Margaretville farmhouse April 25, 2007. He was in a group of troopers that stormed the home where the 23-year-old Trim was hiding the day after shooting another trooper during a traffic stop, state police said. Trim also was killed in the exchange of fire, and Trooper Richard Mattson was shot in the arm by Trim.
An investigation by the state Department of Probation and Correctional Alternatives found a warrant to arrest Trim on a probation violation was signed by Canton Village Justice Michael C. Crowe on Dec. 29, 2006. Court records show it was faxed and mailed Jan. 2, 2007, to the St. Lawrence County Probation Department. Probation officials said they shredded it, in keeping with department policy to await the official copy, which did not arrive. Trim remained free.
State Department of Probation investigators found the court practice of sending the warrant back to the probation department rather than directly to police causes needless delay in processing the warrant and increases the possibility it will get lost.
County officials were pleased with the judge's decision.
"I'm gratified," county attorney Peter B. Lekki said. "I thought that this would be the result based on the statue. But it's still a tremendous tragedy for Ms. Brinkerhoff and her child."
Mr. Albert said he'll discuss all the options available, such as filing an appeal, with the Brinkerhoff family over the coming days. Should an appeal be filed, the Appellate Division of state Supreme Court in Albany would handle the case.
