CANANDAIGUA, N.Y. — The family of the off-duty parole officer who was fatally shot by a Canandaigua police officer one year ago has filed a federal civil rights lawsuit in U.S. District Court.
In the suit, Sandy Guardiola's family names the city of Canandiagua, the police chief, the sergeant who shot her, members of the New York State Parole office and management of her apartment complex where she died.
Authorities say police were called to her North Pinnacle apartment last October to check her welfare. Police say when Canandaigua Police Sgt. Scott Kadien, entered her bedroom, she raised a gun at him. Kadien fired his weapon and fatally shot Guardiola in her bed.
Toxicology reports showed Guardiola had heavy amounts of anti-depressant drugs in her system at the time of the shooting.
An Ontario County Grand Jury found no criminal wrong-doing and Sgt. Kadien was not charged.
The lawsuit raises questions about the period of time between the shooting and when emergency medical crews arrived.
It also questions why parole officers called police asking for a welfare check of Guardiola when she didn't report for work. Family says she was on an approved medical leave.
Another issue raised in the 28-page document is analysis of evidence about who fired first, Guardiola or Sgt. Kadien.
Canandaigua City Manager John Goodwin released this statement in response to the lawsuit:
"Like many today, we watched the press conference and continue to express our condolences to the Guardiola family for their loss. As mentioned in the press conference, a complaint was filed in the federal court and we look forward to a judicial resolution. The City's general policy is to not comment on ongoing litigation.
We find it important to remind the community that this matter was independently and fully investigated by the New York State Police and they concluded that our officer's conduct was justified. The results of that investigation were also presented by the Ontario County District Attorney's Office to a grand jury. The grand jury determined that there were not grounds to support an indictment.
Again, we express our sympathies to the Guardiola family. Questions regarding the investigation and grand jury should be referred to the New York State Police or Ontario County District Attorney's Office."