State police say an off-duty parole officer fired first at Sgt. Scott Kadien, who then returned fire, killing the parole officer.
CANANDAIGUA — The Canandaigua city police officer involved in the Oct. 4 shooting at Pinnacle North Apartments has been identified as Sgt. Scott Kadien, a 15-year veteran who returned to work Monday in an administrative capacity.
The information was released Wednesday afternoon to the Daily Messenger by Nancy Abdallah, the city's record access officer, in response to an Oct. 10 Freedom of Information Law request. A minute later, City Manager John Goodwin issued a press release.
Goodwin later clarified that an administrative role means behind a desk and said the city is not going to speak to Kadien's history and is letting the statement speak for itself.
Goodwin said all questions on the status of the investigation should be directed to state police, the lead agency in the investigation.
“The last thing we want to do is compromise the investigation,” Goodwin said.
Kadien, as reported by police earlier, engaged in an exchange of gunfire at the complex with Sandy Guardiola, an off-duty state parole officer residing at Pinnacle North who later died from a gunshot wound.
State Police Capt. Carolyn Mullin released a few more details Wednesday, saying Guardiola fired first.
“She shot off a round in the apartment,” Mullin said. “He gave verbal commands. She didn't put the gun down, and he shot.”
Guardiola fired once, Mullin said, noting that Kadien was in full police uniform. Mullin said the full number of rounds fired has not been publicly released yet.
State police previously had reported Guardiola was shot in her bedroom. She was later pronounced dead at UR Medicine Thompson Health.
Kadien, who was unharmed, was initially placed on administrative leave.
Mullin said investigators will meet Friday with Ontario County District Attorney Michael Tantillo.
“We still have a couple more interviews to do that we've been waiting on,” she said.
“We are going to meet to review the investigation in its entirety to date,” Tantillo confirmed.
Police originally reported being called to Pinnacle North about 4:15 p.m. Oct. 4 after staff there had received a call from a fellow parole officer concerned that Guardiola had not returned to work that morning after recuperating for a couple of weeks from injuries suffered in a car accident in the Southern Tier.
Guardiola, 48, who had worked for the state Department of Corrections and Community Supervision since May 2015, had moved from the New York City area to western New York about a year ago and was assigned to the Western Region division.
Services for her were conducted Saturday in Brooklyn.
Kadien's identification as the officer involved in the Pinnacle North shooting was released Wednesday afternoon, two weeks after the incident and eight days — six business days — after the Daily Messenger filed a Freedom of Information Law request for the identity of any officers on paid leave.
In the press release emailed to media by Goodwin, the city stated: "The City acknowledged the (FOIL) request the same day it was received and indicated that it would formally grant or deny the request within twenty days. Therefore, despite speculation by the public and the media, the City’s response to the Daily Messenger’s FOIL request was timely and complied in all material respects with the FOIL statute."
However, Michael J. Grygiel, an attorney with Greenberg Traurig LLP, an Albany-based firm that represented the Daily Messenger in its FOIL pursuit, rejected the city's insistence that it had been prompt in fulfilling the newspaper's request.
"The City's belated explanation is nothing more than a transparent, post hoc attempt to justify its initial stonewalling in refusing to release under FOIL the identity of the officer involved in the shooting incident. No specific information has been provided by the City that would demonstrate that identification of the officer would impede or interfere with an ongoing law enforcement investigation," Grygiel said in a statement emailed Wednesday to the newspaper.
Before filing its FOIL request, the Daily Messenger had consulted with Robert Freeman, executive director of the state Committee on Open Government, who confirmed the identity of a police officer involved in a shooting is public information that should have been immediately released.
Kadien is also an attorney, serving as a part-time assistant district attorney in the Wayne County District Attorney's Office.
Daily Messenger Assistant Editor Mike Murphy contributed to this story.