A homicide cost in opposition to a New York State Police trooper accused of intentionally ramming an SUV throughout a pursuit, inflicting the car to flip and resulting in the demise of an 11-year-old Brooklyn woman, has been dropped — and the sufferer’s household is outraged.
Michelle Surrency, the mom of Monica Items, is pleading for the state’s legal professional common to attraction the Ulster County decide’s resolution, after that prime cost was thrown out on Thursday. The decide stated that the proof doesn’t help a homicide cost.
“Hearing this news yesterday was a gut punch — like I just found out my baby was murdered,” the mom stated on Friday, preventing again tears. “Our holidays, we spend at the gravesite of Monica. We go to the cemetery.”
Surrency is preventing for justice for her daughter, two years after the kid was killed on I-87 simply earlier than Christmas in 2020. State Trooper Christopher Baldner was beforehand indicted on homicide, manslaughter and a number of reckless endangerment prices in the crash that led to Monica Items’ demise.
Tristan Items was driving his spouse and two daughters to go to relations when Baldner stopped him for dashing in the city of Ulster, about 95 miles north of New York Metropolis. Baldner sprayed pepper spray into the car throughout the cease, prosecutors stated, nevertheless it was not clear what triggered him to take action. Items stated he sped away as a result of he was involved for his household’s security.
State police stated the daddy then drove off, ensuing in a chase. Baldner allegedly struck the Items’ SUV from behind twice earlier than it hit a guardrail and flipped. The SUV flipped over a number of occasions and got here to relaxation the wrong way up, prosecutors stated.
Tristan Items’ daughter, Monica, was ejected from the SUV and pronounced lifeless on the scene. Her 12-year-old sister was badly injured.
The trooper is accused of intentionally working a driver off the street, killing the motive force’s 11-year-old daughter — who was in the automotive — in the method. NBC New York’s Jessica Cunnington experiences.
“The question is: Did this officer act with a depraved indifference to human life. That question should be answered by a jury, not a judge,” stated Sanford Rubenstein, the household’s legal professional, as they strain the legal professional common.
The legal professional common’s workplace instructed NBC New York they’re reviewing the choice.
“All I hope and pray is that the AG’s office appeals the decision, so that justice can be served for my children,” stated Surrency.
Rubenstein stated that the trial date is at the moment set for March 6, however added if the legal professional common decides to attraction, the trial date would change.