Albany police sergeant, not city, must pay in gun incident with co-worker

In May, Albany, New York police sergeant Kevin McKenna was found liable in a civil lawsuit that resulted from his pointed a loaded handgun at a woman. Now an arbitrator has ruled that the city is not responsible for his legal fees. McKenna’s decision to point a loaded gun at Morton was not related to his official duties and the city is therefore not responsible for paying his attorneys’ fees.

“To this arbitrator, the only logical conclusion to draw from the record of the incident … is that (McKenna) engaged in a serious act of misconduct,” wrote Jay M. Siegel, the arbitrator. “(McKenna) is a trained sergeant with a lengthy career in law enforcement. He should have known the potentially deadly consequences that could have occurred from his bad decision. … The act was dangerous, foolish, and careless and put Ms. Morton in reasonable fear of her safety.”

Source: The Albany Times Union