NO CHARGES: Family will file ‘wrongful death’ suit in Pinnacle North shooting

The Ontario County District Attorney and New York State Police provided an update on the shooting death of an off-duty parole officer by Canandaigua Police Sgt. Scott Kadien.

District Attorney Jim Ritts and police released the findings of a Grand Jury convened in Ontario County. Those individuals found that Kadien was justified in shooting off-duty parole officer Sandy Guardiola.

Ritts says although no finding the grand jury made would have brought Guardiola back to her loved ones, it was determined that Sgt. Scott Kadien was justified in shooting her because of her use of deadly force.

It all started with a welfare check on Guardiola at Pinnacle North Apartments. After entering the apartment, Kadien found her in a bedroom. That’s when the shots were fired.

RItts said the toxicology report revealed that Guardiola had a heavy presence of an anti-depressant drug in her system at the time of the shooting.

“From a toxicology standpoint, there was one drug that appeared to be in a greater than a therapeutic level,” Ritts said. “That was Doxypin. We could not determine that was a prescription that Sandy Guardiola ever had.”

After the announcement, Guardiola’s family released a statement — saying they were ‘outraged’ that no charges are being pursued.

“It is clear to the family that justice will not be sought on their behalf by the authorities,” Attorney Luna Droubi said. “The family has no other recourse but to seek justice for Ms. Guardiola through a wrongful death action.”

“I want them to remember who the victim is here,” said Andrew Ocasio, Guardiola’s son. “My mom is the victim. My mom was shot and killed in her own home. All of these excuses they keep trying to make do not erase that important point.”