A grand jury has determined the shooting of parole officer Sandy Guardiola by a Canandaigua police officer was justified, prosecutors said Monday.
Speaking Monday, prosecutors said, based on the evidence, a grand jury decided Sergeant Scott Kadien acted appropriately when he fired shots at Guardiola, hitting her three times, resulting in her death.
Last October, state parole officer Sandy Guardiola was killed when Canandaigua police responded to her apartment at Pinnacle North for a welfare check. The welfare check was called in by a coworker after Guardiola failed to show up for work that day. We’re told she had been away from work for a period of time following a car accident.
After responding to the apartment, police said Sergeant Kadien knocked on Guardiola’s door, identified himself and entered the apartment. Inside, he found the bedroom door was closed. Again, troopers said Sgt. Kadien identified himself and found Guardiola in her bed.
Kadien stepped out to call in the incident to dispatch, but when he stepped back in, troopers say, Guardiola was holding a gun.
Investigators say, at that point, Guardiola fired her weapon.
“The gun had been discharged. It was pointed at Sgt. Kadien on multiple occasions,” said Ontario County District Attorney Jim Ritts. “Sandy Guardiola put the gun down and then she actually raised and pointed it at him. At which point he was left with no choice.”
Ritts say Kadien gave Guardiola multiple directions to put the gun down, which she failed to obey.
Prosecutors said a toxicology report found Guardiola had doxepin, an antidepressant, in her system.
“We could not determine that was a prescription Sandy Guardiola ever had,” Ritts says. He adds, “It would have been consistent with her being lethargic… semi-conscious and not responsive.”
Ritts continues, “I’m confident Sgt. Kadien wasn’t aware [she was impaired]. I mean, what he was aware of is there was a gun pointed at him.”
Ritts says the jury returned a “no-bill” for charges against Kadien — meaning he won’t be indicted.
In statements on Monday, family members of Guardiola say Kadien should have never been in her apartment to begin with. Attorney says they plan to file a wrongful death lawsuit.
After serving in an administrative role, Kadien will return to full duty, police say.
Statements from family
“I want them to remember who the victim is here,” said Andrew Ocasio, Ms. Guardiola’s son. “My mom is the victim. My mom was shot and killed in her own home. All of these excuses they keep trying to make do not erase that important point,” he added.
Alysa Ocasio, Ms. Guardiola’s daughter, stated: “What do my mother’s medical issues have to do with the fact that she was murdered in her bed? Once again, the authorities continue to make excuses to justify the officer’s illegal actions.” She added: “I am sad and disappointed that a system that my mother devoted her life to has failed her on such a catastrophic level.”
“The facts as stated by the authorities defy logic,” Luna Droubi, attorney for the family stated. “We will be filing a lawsuit shortly with the facts as we believe happened,” Ms. Droubi confirmed. “It is clear to the family that justice will not be sought on their behalf by the authorities. The family has no other recourse but to seek justice for Ms. Guardiola through a wrongful death action,” she added.