FROM: HOLLEY CARNRIGHT
DATE: APRIL 29, 2014
RE: PRESS RELEASE – OFFICER
INVOLVED SHOOTING
On April 15th
Brandon Rifenburg was involved in the theft of a vehicle in the Town of
Marbletown. The theft was reported
almost immediately and a number of police agencies responded. The defendant failed to comply with numerous
orders to stop the vehicle and instead led the police on a high speed chase
through multiple jurisdictions in Ulster County. After going through two police road blocks,
Rifenburg struck one of the patrol vehicles in pursuit, whereupon the defendant
was forced off the road. During the
course of the defendant’s apprehension, an Ulster County Sheriff deputy fired
his service revolver, striking the defendant twice.
On Friday, April 26th,
Mr. Rifenburg was released from the hospital. Upon his release he was charged
with a number of offenses, six of which are felonies. Those matters are pending. In conjunction with Sheriff VanBlarcum and having
determined that Mr. Rifenburg was neither an apparent flight risk nor a danger
to the community, I recommended to the Sheriff that charges not be filed until
the defendant’s release from the hospital.
Had charges been filed immediately, the Sheriff would have been
obligated to post around-the-clock security of Mr. Rifenburg while in the
hospital in Albany, an expense which I feel was not warranted.
As District Attorney of Ulster
County, it is my custom to refer most, if not all, police-involved shootings to
the grand jury. It is also my custom not
to disclose the names of people being investigated by the grand jury unless
they have been charged with a crime. I
have attempted to be consistent in that process since taking office in 2008.
From time to time, as we
investigate and prosecute cases, my office is caused to file an application to
County Court for the assignment of a special prosecutor if I determine that I
have an actual or potential conflict with the continued prosecution of a case
or even where my involvement in the case might rise to the level that it would
create the appearance of impropriety. My
review of the officer’s use of force in the above referenced matter is one such
case. The officer who is the subject of
this inquiry has had business dealings with my family, and with me personally,
none of which are related to our positions in law enforcement. However, I view
those dealings as having raised a potential appearance of impropriety should I
conduct the investigation, and thus I have moved to have a special prosecutor
appointed to continue the investigation. That application was granted by County
Court Judge Donald A. Williams, and the Orange County District Attorney’s
Office has now been assigned this matter.
I suggest any further questions
be directed to that office.