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Thursday, December 2, 2021

Saratoga Springs charges against the mother of the BLM worker’s children will be dismissed; Promise of Civil Litigation – The Daily Gazette

Saratoga Springs – The case against a woman who was arrested in front of her two young children as they investigated the well-being of the children’s father – a prominent Black Lives Matter activist – is headed for dismissal.

In City Court on Thursday, three charges against 28-year-old Gabrielle C. Elliot were adjourned in consideration of dismissal, meaning if Elliot is not arrested during the next six months, the charges could be dismissed. and the record will be sealed.

Her attorney, Jasper Mills of Albany, commended prosecutors for looking into the case because of what they said was a “trash pile.”

Elliot was charged with attempted assault on September 7, resisting arrest, and endangering the welfare of a child.

Police alleged that he threw a water bottle at the Saratoga County Sheriff’s deputy. Elliot denied the allegation.

Elliot was with her 6-year-old son and then 1-year-old daughter, who were in a stroller outside the police station to learn of the case of the children’s father, BLM activist Lexis Figueroa.

Figueroa, 34, was one of more than a dozen protesters who were arrested on warrant following a July 14 protest during which they allegedly blocked traffic.

Figueroa also denied that allegation, saying there was no video footage to suggest he was one of the protesters blocking traffic.

The charge was filed against him nearly two months after the incident, raising concerns of retaliation for the police action.

Elliot said that on September 7, officers mobbed him, tore his children out of his hands and handcuffed him.

After the arrest, she said that she had gone to the hospital for treatment for her ribs injury and full body injury.

Judge Jeffrey D. Waite accepted the terms of the petition, which were agreed upon by Mills and Assistant District Attorney Lynn Murphy.

In court, Mills commended the Saratoga County District Attorney’s office for “doing the right thing” and looking into the case for what it was.

“They arrested him and accused him of not wanting to leave his child on the side of the road,” Mills said.

A former Albany County prosecutor and former attorney for Albany County Sheriff Craig Apple, Mills said he told the DA’s office that Saratoga Springs police put the children’s well-being at risk.

“MS. Elliot isn’t going to be arrested,” said Mills, “but if it happens again, I’m going to be there again—and I’ll be there after that.”

Elliot and Figuario promise to pursue a civil case against the police.

Reached for comment, Police Department spokesman Lieutenant Robert Jilson said he could not comment on a lawsuit that has not been filed.

But Jilson said adjournments are “quite common” in city court in consideration of the dismissal.

Speaking to reporters, Elliot explained that his children were forcibly taken away by the authorities.

“You’re just concerned about their safety,” she said. “And then they saw their father snatch them from them too, so I guess you just want to be there. And that’s why I didn’t want to leave them.”

Elliot said that his son has ADHD and is afraid of the police because of the encounter.

She said she was grateful that Figueroa’s mother was also present and was able to take custody of the children.

Police, she said, “actually asked someone else’s mother” whether it was okay for their grandmother to take custody of the children.

“They put my child’s welfare at risk – I didn’t,” Elliot said.

Police and BLM activists have long been in the limelight: so much so that the city received correspondence from the Civil Rights Bureau of the New York State Attorney General’s office regarding allegations of possible violations of state and federal law as it grapples with recent protests. is related to. in city.

The AG’s office launched an investigation to assess whether the protesters were targeted with excessive force and counter-arrests.

Police Chief Shane Crooks has said the city will cooperate with the investigation, and will work with its outside attorney to address the attorney general’s concerns.

Figuario, who was interviewed by AG investigators, said the office is interested in Elliot’s case.

Whenever Figuario sees video footage of Elliot’s arrest, and what is done to his children, he says “it brings tears to my eyes” and sends him into a rage.

“My kids will never forget it again,” he said. “They already know I’m going to do the best I can for them, to make sure they’re better and to make sure they’re safe and that they don’t have to deal with our actions.”

He further said that taking children from the encounter “is not safe to go to the police station.”

In addition to a protest last year, Figueroa said that he and Elliot do not bring their children to the protests because of the police and “the heat they bring”.

He said he does not appreciate officials who are trying to advance the notion that Elliot was an unfit mother, given that they could have harmed their children.

His daughter in the stroller, he said, “could have walked down the hill to the streets – so we have to worry about that.”

“So once again, there will be a lawsuit. There’s no question of a lawsuit. The lawsuit is going to be filed. In the next week or two, the city is going to get notices from me and even more. And it’s plain and simple. Black life.” matters and no justice, no peace.”

Figueroa is due back in court next week on charges of disorderly conduct stemming from the July 14 protests, and obstructing government administration for alleged actions during two city council meetings.

He said that there is no logic in the works. He said that his lawyer is yet to find him.

On Contact Correspondent Brian Lee [email protected] or 518-419-9766.

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Categories: News, Saratoga County

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