ALBANY, N.Y. (NEWS10) -- The family members of a Hillsdale man fatally shot by a state trooper in Malta have filed lawsuits against the state and its employees, including members of the State Police, over the situation. James Dellea's wife, Melissa Simmons, and three daughters Rachel Lynn, Samantha Elizabeth, and Taylor Marie, have filed a claim to "recover damages for intentional infliction of emotional distress."
New York State Trooper Brian Rudolph fatally shot Dellea on Sept. 11, 2024. Family members told NEWS10 that they called the police to help Dellea that day because they knew he was struggling with his mental health.
Troopers found him in the parking lot of the Albany Saratoga Speedway on Route 9 in the town of Malta. The Attorney General’s office released body camera video following the incident. It showed that a police officer asked Dellea to get out of the car but he refused and drove off.
The trooper followed his car into a church parking lot, where other troopers met him, including Trooper Rudolph. They asked Dellea to get out of the car multiple times but Dellea began hitting the window with his fist, then broke the passenger side window with a “long gun.”
This caused Trooper Rudolph to shoot Dellea three times, killing him instantly. Simmons, Dellea’s wife of 33 years said she wishes things would’ve played out differently when NEWS10's Vanessa Blasi spoke with her at Dellea's vigil at the end of November.
“I wish he would’ve given him some time,” said Simmons. “Because then he would still be with us and we wouldn’t be going through all this heartache.”
Trooper Rudolph chose to retire after 23 years of service for personal reasons, according to State Police. When NEWS10 reached out to State Police about the lawsuit, a spokesperson said "We are declining to comment due to the pending litigation."
