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The Syracuse City Common Council denied a provision that would have settled an unnecessary force lawsuit involving a Syracuse Police Department officer during its Tuesday meeting.

The SPD Officer, Kelsey Francemone, shot and killed 41-year-old Gary Porter in 2016 while responding to reports of a shooting during a Father’s Day barbecue at Skiddy Park. Francemone said she believed Porter was one of multiple shooters involved in the incident and claimed to have seen him holding a gun. Investigators did not find a weapon at the scene or any evidence that Porter had one at the time.

A grand jury cleared Francemone of any wrongdoing in 2023.

In 2019, Porter’s daughter, Tanajee Maddox, filed a wrongful death lawsuit against Francemone, claiming the shooting was unjustified. The council’s provision, if passed, would have used borrowed city funds to help cover the cost of the settlement, awarding up to $825,000 to Porter’s estate.

On Tuesday, the council voted 5-3 to settle the case, but the measure did not pass because ordinances of that nature require approval from at least six councilors, Syracuse City Clerk Patricia McBride said.

At-Large Councilor Amir Gethers, 2nd District Councilor Patrick Hogan and 5th District Councilor Jimmy Monto voted to approve the settlement. Hogan, who voted in favor of the provision, commended the officer for displaying bravery while responding to the gunfire.

Hogan said it’s important for the city to demonstrate support for its police force, especially in light of the death of two SPD officers earlier this year. He said Francemone’s actions on the day of the shooting saved hundreds of bystanders in attendance.

“I believe the police officer acted heroically in a dangerous situation, in a manner that may have saved the lives of the people attending this event,” Hogan said.

In 2016, Francemone received the New York State Police Officer of the Year award from then-Governor Andrew Cuomo for demonstrating “exceptional valor” in her response to the shooting.

With the council’s decision not to settle, the case will now return to both parties’ legal counsel, who may either propose another settlement offer or proceed to court.

“This is an awful situation, and I feel for Officer Francemone (and) the victims,” 1st District Councilor Marty Nave, who voted in favor of the settlement, said. “But … I did listen to all sides and (will vote) out of respect for both sides in their decision.”

Other business:

• The council again held its vote on the designation of 727 Comstock Ave., a former Syracuse University fraternity house, as a locally protected site. The decision was initially delayed due to SU’s withdrawal of its initial demolition application for the property. The potential designation has been on the council’s agenda since its Sept. 16 meeting.
• Councilors delayed their vote on the local passage of the New York State Good Cause Eviction Law. The law, included in Gov. Kathy Hochul’s FY2025 State Budget, introduces provisions to protect tenants and prevent price gouging.
• The council approved multiple local infrastructure funding initiatives, including a provision of up to $800,000 for pedestrian infrastructure projects in the city’s 2024-25 Complete Streets program.

Published on October 17, 2024 at 2:19 am

Contact Julia: jmboehni@syr.edu