Some Syracuse Common Councilors want lawsuit over officer’s deadly shooting to be decided at trial

SYRACUSE, N.Y. (WSYR-TV) — The Syracuse Common Council was less predictable than usual on Tuesday, Oct. 15, as some of its members voted against borrowing money to settle an eight-year-old lawsuit resulting from a police officer’s deadly gunfire.

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The council was scheduled on two related measures: to bond for an $825,000 settlement and the settlement itself.

The city’s lawyers negotiated the settlement with the lawyers of the family of Gary Porter, who was shot and killed by Syracuse Police Officer Kelsey Francemone in June of 2016.

Officer Francemone was rushing into a dangerous riot that resulted from a Father’s Day barbeque near Skiddy Park on the city’s near westside.

In the barrage of gunfire in all directions, Francemone fired her gun, killing Porter, but was cleared of any criminal wrongdoing by an Onondaga County Grand Jury.

Porter’s daughter sued the officer, accusing her of being reckless and malicious. The suit asks for $5 million.

The corporation counsel for the City of Syracuse said, “While the City of Syracuse denies the allegations in the lawsuit, we believe this settlement is in the best financial interest of the City of Syracuse.”

In a first vote to use bonds to pay the settlement, the council failed to reach a supermajority of votes. Councilors Chol Majok, Rasheada Caldwell, Rita Paniagua, Marty Nave and Patrona Jones-Rowser voted in favor of moving forward. Councilors Pat Hogan, Amir Gathers and Jimmy Monto voted against it. Councilor Corey Williams was absent.

Because the funding source was denied, the actual settlement vote was pulled from the agenda. The council could consider putting the settlement up for a second vote once all councils are present. Without a settlement, the case could be decided by a jury at trial.

Councilors who voted against the idea of the settlement said they want more evidence, and hopes it might come out in a trial.

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