The family of a deceased victim has filed a federal civil action against New Castle County seeking justice for the unjustified and unprovoked use of deadly force.
WILMINGTON, DE (DNTV): The family of a man who was shot and killed by New Castle County Police at a Richardson Park 7-11 store on March 6, 2023, are suing New Castle County for what their attorney says was an unjustified and unprovoked use of deadly force.
Marrone Law Firm, LLC, is representing the woman who survived the shooting and the family of 22-year-old Andrew Edelmann, who was shot and killed by police on March 6, 2023. The firm has filed a federal civil action against New Castle County seeking justice for the unjustified and unprovoked use of deadly force that killed 22-year-old Andrew Edelmann and severely wounded his friend, Aida Pabon.”
The announcement comes almost two months following the deadly police-involved shooting. In the announcement, the Law firm says on March 6, 2023, a New Castle County police officer opened fire on two innocent people seated in a Hyundai SUV at a 7-Eleven in Wilmington.
The officer, whose name has not been released by New Castle County, killed Mr. Edelmann and critically injured Ms. Pabon.
The officer, whose name has not been released by New Castle County, killed Mr. Edelmann and critically injured Ms. Pabon. Today, with the assistance of Marrone Law Firm, LLC and local counsel Aman Sharma, Esq., Ms. Pabon and Mr. Edelmann’s survivors are filing a federal civil action seeking redress and damages for violations of Mr. Edelmann’s and Ms. Pabon’s rights under the United States Constitution and the Constitution and laws of the state of Delaware.
According to court documents, the officer is referred to and named as “Defendant Officer John Doe”
The officer, not in uniform, emerged from the pickup truck with his gun drawn
The court documents also claim that while Edelmann was backed into a parking spot in front of the store, a pickup truck traveled at a high rate of speed into the parking lot, partially blocking them. The officer, not in uniform, emerged from the pickup truck with his gun drawn at Edelmann the document explains.
According to Edelmann’s passenger, Aida pabon, Edlmann immediately put his hands up although a dispute remains whether or not the officer identified himself as a police officer. The court document explains that the officer, without warning, opened fire on Edelmann while his hands were in the air. That’s when the vehicle began to accelerate after Edelmann lost control of the vehicle.
“This shooting was an unjustified and unprovoked use of deadly force.
“This shooting was an unjustified and unprovoked use of deadly force. It was recorded by multiple surveillance cameras, which show that the victims posed no threat to anyone at the time of the shooting,” said Joseph Marrone, Esq., founder of Marrone Law Firm, LLC. “The officer had his gun drawn from the moment he got out of his unmarked pickup truck and proceeded to shoot at the passenger compartment of the Hyundai SUV.”
Marrone added, “After Edelmann was shot the first time, the SUV began to move forward to the left. At that time, the officer continued to shoot at the moving vehicle, firing several more rounds into the SUV’s passenger compartment from close range and killing Edelmann and wounding Pabon.”
As a result of the shooting, Pabon suffered a gunshot wound to her leg that required surgical intervention and the placement of hardware.
The shooting is now being investigated by the Delaware Department Of Justice, and the State Attorney General’s Civil Rights Division. Unlike those investigations, Marrone says this lawsuit is undertaken by and on the victims’ behalf.
“There is much information that the New Castle County Department of Public Safety has yet to share,” said Mr. Marrone. “Through the mechanism of civil litigation, the victims of this tragedy will learn what happened, and there will be accountability.”
But according to police, on March 6, 2023, members of the New Castle County Division of Police were investigating a drug complaint in the area of Maryland Avenue.
But according to police, on March 6, 2023, members of the New Castle County Division of Police were investigating a drug complaint in the area of Maryland Avenue and East Reamer Avenue. Police say, during the course of that investigation, members of the Division’s Mobile Enforcement Team (MET) arranged to meet a male, later identified as Andrew Edelmann, to conduct a drug transaction.
While attempting to apprehend the individual involved, police said a member of the New Castle County Division of Police discharged their firearm, striking Mr. Edelmann, who died from those injuries. The second occupant of the vehicle, a female, was also struck and suffered a non-life-threatening injury.
Here’s Why New Castle County Police won’t release the Body Worn camera footage.
Since 2015, members of the Division have been equipped with body-worn cameras to be worn while on patrol within New Castle County. “The officers involved in the incident on March 6, 2023, were wearing body-worn cameras.,” Said Lt. James Leonard. “They were activated and captured the encounter between Mr. Edelmann and the members of the Division.”
Leonard said at the time, The New Castle County Division of Police is governed by public-facing regulations referred to as “Directives.” According to the Critical Incident Community Briefing Policy (Directive 46, Appendix 46H), the family of the individual involved in the critical incident, in this case, Mr. Edelmann’s family, has an opportunity to view and opine on the release of any video associated with the encounter between their next-of-kin and the members of the Division.
After meeting with Mr. Edelmann’s family representatives, the Division has chosen not to release any body-worn camera footage from March 6, 2023., Leonard said.
“The Division remains committed to transparency and promptly providing the public with information; however, we must balance that commitment with the wishes of the individual’s family.,” Said Lt. James Leonard. “Not withstanding this decision, protocol dictates that all body-worn camera footage be released by the Department of Justice – Division of Civil Rights and Public Trust at the conclusion of their investigation.”
When Delaware Newsline/DNTV’s George Shea asked the firm to clarify that the family did not want the video released, Attorney Joseph Marrone said, “The police offered to release just a short compilation video that they edited themselves. The families are now asking for all of the relevant videos in their entirety be released to the public.”
Delaware Newsline/DNTV has reached out to the Delaware Department Of Justice and requested the release of the unedited body worn camera footage, But in a response from the Department of Justice on Tuesday May 30, 2023, Mat Marshall said, “It is our practice to publish relevant footage with our use of force reports following the conclusion of DCRPT’s investigations — but we cannot release evidence before that time.”
To date this year, Delaware has seen four police-involved shooting incidents. Of those incidents, four people were wounded and two were killed by Delaware Law Enforcement Officials.
Delaware Newsline/DNTV has reached out to New Castle County Police for additional comment. As of the publishing of this story, Delaware Newsline has not yet received a response.
