One year to the day that Sandy Guardiola was shot and killed inside her apartment by an off-duty Canandaigua Police officer, Guardiola’s family will be addressing the public.
A wrongful death lawsuit is being filed by the family and Guardiola’s estate against the City of Canandaigua, the Canandaigua Police Chief and Sgt. Kadien, NYS DOCCS Parole officials, and multiple property management companies.
The lawsuit alleges Guardiola was killed in violation of her fourth and 15th Amendment rights and state constitutional rights. It seeks at least $50 million in damages.
The family’s attorney says this case is about accountability. Sandy Guardiola’s two children visibly emotional. pic.twitter.com/lM9O1TOhUi
— Carlet Cleare (@ccleare) October 4, 2018
Guardiola was a New York state parole officer who had been in a car accident in late summer 2017. She was scheduled to return to work on October 4, 2017, but did not respond to multiple attempts to contact her. Sgt. Scott Kaiden with the Canandaigua Police Department was sent to conduct a welfare check at Guardiola’s apartment on Pinnacle North in Canandaigua.
When Guardiola did not respond to attempts to get in touch with her, Kadien was let into her apartment by Pinnacle North personnel, police say.
State Police said Sgt. Kadien then entered the bedroom and saw Guardiola in bed. The two briefly exchanged words and Kadien stepped out of the room. A few moments later, Kadien went back into the room, at which time he saw Guardiola with her gun.
City Manager John Goodwin released the following statement after the press conference:
“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.”
Attorney Jonathan Moore represents her estate and children Alysa and Andrew Osacio. They have filed a sweeping lawsuit “we are going to take the offensive here” @dandc
— Meaghan McDermott (@meagmc) October 4, 2018
Moore: this constitutes a grave violation is Giardiolas constitutional rights. On oct. 4 2017 Police not only entered her apartment but her bedroom and she ended up dead @DandC
— Meaghan McDermott (@meagmc) October 4, 2018
We have pieces together a different narrative of that day. Contests the police narrative. Says analyst Dr Michael Baden has concluded that narrative is impossible. @DandC
— Meaghan McDermott (@meagmc) October 4, 2018
Says when Guardiola reached for weapon Canandaigua SGT Scott Kaiden fires and forensic analysis shows that. This contradicts police narrative that Guardiola fires first. @DandC
— Meaghan McDermott (@meagmc) October 4, 2018
He’s also addressing the check the welfare call from coworkers at Rochester parole office, saying Guardiola had transferred to Binghamton and wasn’t expected at work at Rochester office. @DandC
— Meaghan McDermott (@meagmc) October 4, 2018
You have to ask yourself why did officials of parole office in Rochester call in that welfare check. We believe it was part and parcel of a campaign of harassment of Guardiola by workers in this office. @DandC
— Meaghan McDermott (@meagmc) October 4, 2018
We are seeking compensatory damages but this is not about money, it is about accountability. @DandC
— Meaghan McDermott (@meagmc) October 4, 2018
