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Judge denies negligence claim in NY trooper death
The family of Trooper David Brinkerhoff claimed that St. Lawrence County officials were negligent when they allowed fugitive Travis Trim to remain free despite multiple probation violations.
Brinkerhoff was killed by friendly fire during a gunfight in a Delaware County farmhouse April 25, 2007. He was in a group of troopers that stormed the Margaretville home where the 23-year-old Trim was hiding the day after shooting another trooper during a traffic stop. Trim also was killed.
State Supreme Court Justice Hon. David Demarest dismissed the lawsuit Monday in a 14-page ruling, concluding that the delay "was not a factor which indirectly produced this tragic result."
Marc Albert, the Brinkerhoff family's attorney, told the Watertown Daily Times the family disagreed with Demarest's conclusions.
"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," Albert said. "The negligence of the probation department led to a far different scenario."
Albert said he would discuss with the family whether to file an appeal.
Barbara Brinkerhoff and her infant daughter, Isabella, filed a lawsuit in August seeking unspecified damages against the probation department. In a notice of claim filed in February 2008, the family indicated it was seeking $100 million.
The lawsuit contended that if county officials had properly handled the warrant, Trim could have been arrested months before Brinkerhoff was killed.
Demarest said in his ruling that while the delay of the warrant may have allowed Trim to remain at large for several months, it was Trim's shooting of another trooper that prompted a mobile response team - which included Brinkerhoff - to confront him at the scene.
County Attorney Peter Lekki said he was pleased with the judge's decision.
"I thought that this would be the result based on the statute," Lekki said. "But it's still a tremendous tragedy for Ms. Brinkerhoff and her child."
The Brinkerhoff family also sued under the state's general obligation laws, but Demarest said the filing under that provision was submitted too late.


