Email to a friend

Unanswered Questions in Albany Teacher Shooting

The lawyer for the man who shot and killed a popular Albany teacher over the weekend said his client did nothing illegal. Early Sunday morning, Arbor Hill Elementary School teacher David Park went into a suburban Buffalo home. Minutes later, he was shot and killed.

Authorities said Park had been at a friend’s party right next door, left for a while, then returned to the wrong home. The incident woke up the homeowners, David and Julie D’Amico. Their lawyer, Thomas Burton, said they called 911, warned Park they had a gun, and told him to leave.

“When the individual that was in the house kept on coming, my guy fired,” Burton said. “He’s protecting himself and his wife. They were terrorized as to what was happening.”

Burton insisted that New York law protects his clients from using deadly force in this situation.

“You can’t unring the bell here in terms of how sad this is for everyone concerned,” he said.”

Police have not filed any charges against the D’Amicos, and as of Monday, Assistant Chief Timothy Green said they do not expect to file any charges soon because it was still early in the investigation.

“(We’re) not exactly sure how [Park] actually got into the house,” Green said, “and the real big mystery right now is why.” Once the police wraps up its investigation, Green said that would be given to the district attorney, who might then present the case to a grand jury. Burton said he would not be surprised if that happened, but he added it would take weeks before it could. News 10 Legal Expert Tom Carr of Tulley Rinckey, PLLC said even then, based on the information that is available now, it is possible the grand jury might not hand up any indictment at all.

“If the homeowner had no avenue of retreat, and reasonably believed or if a reasonable person in those circumstances would have believed that he faced imminent physical injury or death, then he could respond in kind,” Carr said. He added that New Yorkers are protected by law from using deadly force if they feel their life is in jeopardy.

But Burton said in the case of a burglary or an attempted burglary, homeowners can use a gun regardless. Still, Parks’ friends remembered the teacher on Monday as a great guy, and they said no matter the reason, shooting him should not have been the answer.


Attorney Locator

Find an attorney near you.
Click below.

Contact Us

  • Tully Rinckey announces new hires and promotion

    Derrick T. Hogan was promoted to senior associate, overseeing the criminal defense practice in Albany. Hogan joined as a law clerk in 2009. Morgan Smith joined as recruitment manager. Smith has more than 14 years of staffing and recruitment experience and previously …

  • Albany Police Officer Arrested

    Officer Caught on Camera Slamming 15-Year old Girl Albany Police Chief Brendan Cox says on July 26th, Officer Ervis Miftari was called to St. Anne Institute, a rehabilitation center for troubled girls, to help with one of the residents, who …

Read All

  • Free Download: EEOC 2016 Update White Paper

    You Could Be Sharing Confidential Info and Not Even Know It Tully Rinckey’s white paper details the Equal Employment Opportunity’s (“EEOC”) nationwide change to procedure that has gone largely unnoticed. The new procedure applies to Charges filed on or after …

Read All

Read All

  • Tully Rinckey PLLC Binghamton Office Ribbon Cutting

    You’re Invited: Tully Rinckey PLLC Binghamton Office Ribbon Cutting Tully Rinckey PLLC, an upstate-wide coast-to-coast 70 attorney full-service law firm, is holding a ribbon cutting for its new office space at 4100 Vestal Road, Suite 104, Vestal, NY 13850 on …

Read All