Lawsuit: UPD fail domestic violence victim

Posted in the Utica Forum

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3RD Degree BURN

Mount Vernon, NY

#1 Nov 12, 2013
UTICA —

In a voicemail message to a Utica police domestic violence investigator last year, Kylie Ann Turczyn explained that her ex-boyfriend said he was going to kill her on Tuesday or Wednesday.

Unable to find Turczyn’s phone number, Investigator Elizabeth Shanley sent a text message to Turczyn’s father, whom Shanley was familiar with, according to police documents.

Three days later, Thomas “TJ” Anderson Jr. did exactly what Turczyn said he threatened to do: On June 22, 2012, he repeatedly shot 23-year-old Turczyn as she cowered in the bathroom of her parents’ Deerfield home.

Anderson, 27, of Utica, then killed himself.

Now, Turczyn’s mother is suing Shanley and the Utica Police Department in U.S. District Court for not doing enough to prevent the tragedy that was witnessed by the couple’s 4-year-old daughter, Gabriella.

This is the second recent lawsuit that accuses Utica police of failing to act in response to threats of domestic violence: In January, the city will face a civil trial over how it handled Investigator Joseph Longo Jr.’s actions in 2009 following his wife’s complaints about Longo’s increasingly erratic behavior. Longo ultimately stabbed his wife to death before killing himself.

Turczyn’s mother, Barbara McGregor, and her attorney, Frank Policelli, believe Shanley should have arrested Anderson based on his specific threats so that an order of protection could have been obtained.

“She was aware of the violent history, the vulnerability of the victim, the death threats and the possession of a weapon by the stalker,” the lawsuit states regarding Shanley.“The arresting of Anderson and obtaining an order of protection – particularly from an officer who holds herself out to be a domestic violence investigator – should have been routine procedure.”

Utica police Chief Mark Williams declined to comment Monday on pending litigation, but the city’s Corporation Counsel Mark Curley said he doesn’t believe Utica police did anything improper.

“I don’t see anything that we didn’t do or could have done by law,” Curley said.“We can’t arrest and lock people up based on what people think they might do. Without making assumptions on what I don’t know to be true, I don’t see a liability. I see a tragedy, and if it would have turned out differently no matter what Utica police did, nobody knows.”

But by not taking any steps to rein in Anderson’s threatening behavior, Utica police created an “open invitation” for Anderson to do whatever he wanted, McGregor’s attorney said.
3RD Degree BURN

Mount Vernon, NY

#2 Nov 12, 2013
“Kylie had a face-to-face encounter with Investigator Shanley, so she took on the responsibility of ensuring that the police would protect her, and Kylie reasonably relied on that, to her detriment,” Policelli said.“Once Shanley heard that threats had been made, she should have gone out and arrested the guy.”

Policelli believes there was plenty to justify an ultimate arrest of Anderson before the murder-suicide:

> In early June 2012, Turczyn told a state police investigator she knew that Anderson had been stalking her and threatening harm. The investigator told her to call Utica police, since it occurred in the city.

> On June 18, Turczyn met with Shanley to discuss Anderson’s threatening behavior, including harassing text messages in which Anderson claimed he probably gave her AIDS and threatened to kill her with gun.

Shanley said in her affidavit that Turczyn told her not to do anything, however, until Turczyn spoke with the state police investigator she knew. Shanley then advised Turczyn to get an order of protection from Oneida County Family Court, while also texting Turczyn’s father about his daughter’s latest troubles with Anderson.

> Turczyn tried to get an order of protection from Family Court, but was told to come back in the morning, the lawsuit alleges. Later that night, Anderson allegedly slit Turczyn’s car tires and scratched her vehicle in Utica.

> The next morning, on June 19, Turczyn leaves a voicemail for Shanley explaining what happened at Family Court. She also says that Anderson had a gun and threatened to kill her on a specific day.

At this point, Policelli argues that Shanley should have taken steps to ensure that Turczyn obtained an order of protection as soon as possible, particularly through an arrest.

> On June 20, an intoxicated Anderson entered the Utica bar where Turczyn worked and repeated his threat to kill her that week.

Two days later, he did.

Read more: http://www.uticaod.com/features/x1783716424/L...
fcuking pigs

Utica, NY

#3 Nov 12, 2013
they all need an azz whooping
one who knows

New Hartford, NY

#4 Nov 12, 2013
Why didn't the victim's family call the State Police? Where this tragedy took place is outside of the City limits and in Deerfield - just like where the Longo tragedy took place.

UPD does an excellent job in arresting those guilty of domestic violence when it occurs within Utica's City limits - NOT when it is the State Police or Sheriff's territory.

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my8kinbutt

Utica, NY

#6 Nov 12, 2013
We can't arrest and lock people up based on what people think they might do,said by Mark Curley,of politicians.If someone had said they were going to kill the President,would they have done the same thing.I DON'T THINK SO.It's a double standard as usual,it's who you are.I hope she sues the city for big bucks.
Just Saying

Utica, NY

#7 Nov 12, 2013
one who knows wrote:
Why didn't the victim's family call the State Police? Where this tragedy took place is outside of the City limits and in Deerfield - just like where the Longo tragedy took place.
UPD does an excellent job in arresting those guilty of domestic violence when it occurs within Utica's City limits - NOT when it is the State Police or Sheriff's territory.
Its obvious you are not "in the know" and you can't read very well either.

"> In early June 2012, Turczyn told a state police investigator she knew that Anderson had been stalking her and threatening harm. The investigator told her to call Utica police, since it occurred in the city."
Barb Zitzio Marcy says

Mount Vernon, NY

#8 Nov 12, 2013
fcuking pigs wrote:
If only my hore mother taught me how to do something in life instead of welfare an bagin dark's like she does.
If only her mother made mo money off the benefit.
But your hore mother is barbara zeezio the north utica cvunt that spends all day online talking racist shyt. Doesn't she have a welfare pension through her dullard hubby "corner"?
Police

Utica, NY

#10 Nov 12, 2013
This happened out of utica and you can not arrest someone for threats to beat someone up or there would be 200 arrests a day in utica. The most upd could have done was a domestic report basically documenting an argument which you would need physical contact to get an order of protection. The lawyers know this but the family wants the tax payer to pay because their daughter dated white trash. This is as ridiculous as the longo one. Police cant stop someone from going phyco unless they stick an officer with her at all times
Police

Utica, NY

#11 Nov 12, 2013
People take all the power away from police who basically cant do much anymore. People want more rights and this is what happens. I don't care what anyone says there are no arrests made based on threats. There is case law against it and is not a police practice.
UPD Fail

Mount Vernon, NY

#13 Nov 12, 2013
They never have problems attacking and abusing people they personally dislike, I think people are demanding the same level of gusto for everyone. Maybe they should learn to start abusing the right people for a change?
ridiculous

Milford, MA

#15 Nov 12, 2013
I don't see how this is the fault of the UPD. What does a piece of paper telling the guy he can't come within x amount of feet from the girl going to do? I don't understand if she felt so threatened and her family thought he posted a real threat, why not have her stay somewhere he can't find her? If someone was stalking me and threatening me I wouldn't be staying where I live.(At least not for a while.). I'm not saying it is the victims fault by jay means that this happened, but it's also no fault of the UPD either. This law suit is completely ridiculous. People are always looking for someone else to blame and put fault on. It's a horrible thing that happened. Try and move on.
one who knows

New Hartford, NY

#19 Nov 12, 2013
Just Saying wrote:
<quoted text>
Its obvious you are not "in the know" and you can't read very well either.
"> In early June 2012, Turczyn told a state police investigator she knew that Anderson had been stalking her and threatening harm. The investigator told her to call Utica police, since it occurred in the city."
The State Police were WRONG!!!!!

The victim and her family lived in Deerfield - NOT Utica.
The crime took place in Deerfield - NOT Utica

YOU need to brush up on the Liability rules in a Court of Law!

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one who knows

New Hartford, NY

#20 Nov 12, 2013
Police wrote:
This happened out of utica and you can not arrest someone for threats to beat someone up or there would be 200 arrests a day in utica. The most upd could have done was a domestic report basically documenting an argument which you would need physical contact to get an order of protection. The lawyers know this but the family wants the tax payer to pay because their daughter dated white trash. This is as ridiculous as the longo one. Police cant stop someone from going phyco unless they stick an officer with her at all times
Or if the "victim" takes the law into her own hands and defends herself with a weapon of her own.
edy

West Hartford, CT

#21 Nov 12, 2013
You idiots really think an order of protection would stop a crazed man from killing someone. What you think he gonna fear a stint in jail when he has murder on his mind.Go pis up a tree.All of a sudden every troll on topix are johnny Cochran's. Give me a break .
Just Saying

Utica, NY

#22 Nov 12, 2013
one who knows wrote:
<quoted text>The State Police were WRONG!!!!!
The victim and her family lived in Deerfield - NOT Utica.
The crime took place in Deerfield - NOT Utica
YOU need to brush up on the Liability rules in a Court of Law!
WRONG!!!!!

Again, you show your inability to read. I never said it happened in Utica.

What I did was respond to YOUR POST in which you said SHE SHOULD HAVE spoken to the State Police. I posted a quote showing that SHE DID speak to a State Police investigator.

You're still not in the know and your reading skills haven't improved. Give up while you're still behind.
Brave New World

Utica, NY

#23 Nov 12, 2013
If someone has their mind set on delete theres not much anyone is gonna do to stop them.
Truth

United States

#24 Nov 12, 2013
More proof the police today are just totally screwed up. It's not like it was. These people are degenerates.
even steven

New Hartford, NY

#25 Nov 13, 2013
Utica is in the sheet! With 2 major lawsuits: one the Longo family, and now this. If you threaten a person you are committing a crime! OMG! I almost did a year when my ex tossed me out and I got caught in the back yard!(1988)
UPD failed to act, as they did with the LOngo issue.
Utica taxpayers are going to pay this, not UPD!!
Taxpayers in Utica are in the poop now. I live in NH and my friend in Utica-he shells out as much as I do in property taxes. My cuz is on South St, his house is asessed at close to mine!!
I feel for the taxpayer in Utica!

Bottom line: UPD failed both times to act!
The_Sheeple_Need _Glasses

Lowville, NY

#26 Nov 13, 2013
If NYS hadn't taken away the victim's gun rights, there would have at least been a chance that she'd be alive today.

Police are basically there to generate the report after the fact.

Wake Up NY!
even steven

New Hartford, NY

#27 Nov 13, 2013
Hey, it made national news! Reported on Alex jones site. The cops fail to act in many situations that are dangorous. I have seen it many times, but will jump at BS!

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