WALTON - New York Attorney General Letitia James’ Office of Special Investigation (OSI) concluded that a criminal prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer who shot Paul Weeden was justified, according to a press release issued Jan. 31. In the Attorney General’s (AG) report OSI recommended that the Walton Police Department equip all police officers with body-worn cameras.
A thorough investigation followed the police shooting, including review of 911 calls, radio transmissions, body camera footage, evidence from the scene, and photographs.
On Oct. 4, 2021, Weeden called 911 and said he was going to hurt himself and needed a police officer sent to 14 Griswold Street, Walton. Walton Police Officer Fred Babcock responded to the call, recognizing the address, the press release said, as he had been to Weeden’s residence before; and requested backup, because he knew Weeden kept guns in his house.
When Babcock arrived at Weeden’s residence, Weeden called to him to come inside, according to the press release. Weeden was lying on a couch with a blanket covering his body and asked the officer to come closer, the press release continued. Babcock asked Weeden to take his hands out from under the blanket, at which point he observed Weeden holding a gun in his right hand. The officer retreated out the front door of the residence, urging Weeden to drop the weapon, the press release continued.
The press release further states Weeden quickly moved to the front door with a gun pointed at Babcock, and the officer fired his service weapon at Weeden. Weeden fell, but then raised the hand holding the gun, and Babcock fired again, the release said. Weeden was pronounced dead at the scene.
Police officers recovered a pellet gun at the scene that did not have any markings to distinguish it from a firearm.
Under New York’s justification law, a person may use deadly physical force to defend against the imminent use of deadly physical force by another. To convict a person of a crime when the defense of justification is raised at trial, the prosecution must disprove justification beyond a reasonable doubt.
“In this case, evidence indicates that the police officer fired at Mr. Weeden because he reasonably believed Mr. Weeden was going to shoot him. Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt that the officer who fired was justified, and OSI determined that criminal charges could not be pursued against the officer,” the press release said.
Though Babcock was not wearing a body camera, OSI corroborated his account of the incident with footage from a Delaware County Sheriff’s deputy’s body camera.
OSI recommends Walton police wear body cameras.
Walton Police Chief Joe D’Addezio, in an interview following the AG’s statement, said he agrees that the department should have body cameras. “It’s being looked into,” D’Addezio said of the purchase. Prior to the recommendation by OSI and the AG’s office, D’Addezio researched purchase and maintenance costs associated with the equipment along with researching available grants to acquire the cameras.
Body cameras would alleviate “wrong-doing” complaints against the department and officers, he said. “If we had cameras, allegations could easily be disproved.”
When a police department operates with a small-tax base, he explained, it’s important to prioritize budgeted expenses including vehicles, radios and other equipment. The annual Walton police budget is approximately $500,000 and two-thirds of that, D’Addezio said, is for officer salaries and other personnel expenses.
The Walton Police Department staffs five full-time officers, and a part-time chief.
Of the AG’s findings and report, D’Addezio said, he was confident there would be no other determination.
“A police officer has to make a split second decision based on what is in front of them,“ D’Addezio said.
It is unfortunate that the investigation took so long, D’Addezio said, adding “I think Officer Babcock called on his training and acted appropriately.”
Babcock was placed on paid leave, in accordance with state requirements, immediately following the shooting. He returned to active duty in January or February 2022, D’Addezio said. Although he remains an employee of the department and the village of Walton, Babcock is not currently working. “He has taken an extended leave of absence,” D’Addezio said, unclear when, or if, Babcock will return to active duty.
The shooting, D’Addezio said, was tragic - for Weeden, his family, the officer and the community. “It’s an unfortunate set of circumstances, “ D’Addezio said. “Not only does the family have to deal with a father’s passing, the officer has to come to grips with taking another human being’s life. That is a huge burden to bear.”
“We are not trained to shoot, hurt or kill people,” he continued. “We are trained to help people.”
