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Slain trooper's family files suit
COUNTY BLAMED: Warrant for gunman allegedly mishandled
By DAVID WINTERS
TIMES STAFF WRITER
WEDNESDAY, AUGUST 27, 2008
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CANTON — The family of a state trooper killed in a shootout last year has filed suit against St. Lawrence County, claiming officials failed to properly handle a warrant that could have led to a fugitive gunman's arrest months before her husband died.

Trooper Da-vid Brinkerhoff was killed by friendly fire during a gunfight in a Delaware County farmhouse April 25, 2007. He was in a group of troopers who stormed the home where 23-year-old Travis D. Trim was hiding the day after shooting another trooper during a traffic stop, state police said. Trim also was killed in the exchange of fire and Trooper Richard Mattson was shot in the arm by Trim.

"This is an absolute tragedy that could have been avoided," said attorney Moshe H. Horn, representing the Brinkerhoff family. "It is a case of negligence and the St. Lawrence County Probation Department not following its own rules and regulations. Trooper David Brinkerhoff was a hero."

The lawsuit was brought by Barbara Brinkerhoff and her infant daughter, Isabella, seeking unspecified damages against the county probation department, Probation Director Francine M. Perretta and department employees Allyson Brown and Sai Bristol.

The lawsuit alleges her 29-year-old husband was killed because of the negligence of the county probation department.

The lawsuit was filed Tuesday in the St. Lawrence County clerk's office by Marc S. Albert, Christopher A. Seeger and Mr. Horn of the Seeger Weiss law firm in New York City. A notice of claim filed in February indicated the family was seeking $100 million.

An investigation by the state Department of Probation and Correctional Alternatives found that a warrant to arrest Trim, of North Lawrence, on a probation violation was signed by Canton Village Justice Michael Crowe on Dec. 29, 2006. Court records show it was faxed and mailed Jan. 2, 2007, to the St. Lawrence County Probation Department. Probation officials said they shredded it in keeping with department policy to await the official copy, which did not arrive. Trim remained free.

State Department of Probation investigators found the court practice of sending the warrant back to the probation department rather than directly to police causes needless delay in processing the warrant and increases the possibility it will get lost.

County Attorney Peter B. Lekki didn't respond to a call for comment.

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