FISHKILL – Chassity Wade, a 31-year-old woman who a police officer shot in February of last year has filed a federal lawsuit against the Town of Fishkill and Fishkill Police Officer Joseph DiPalma. Wade, represented by Sussman & Goldman of Goshen, is demanding a jury trial and seeks both compensatory and punitive damages.
The February 27, 2022, shooting in Fishkill resulted in Wade, a bystander, being shot by DiPalma, who was attempting to shoot Wade’s boyfriend, Michael Becerril, who had been struggling with police. The lawsuit alleges that DiPalma acted recklessly when he discharged his department-issued firearm during the incident.
The lawsuit says in part that DiPalma was “8-10 feet away, began firing his police department-issued Glock handgun in rapid succession in the direction of Becerril, plaintiff, and Hurtado.” Hurtado is also an officer with the Town of Fishkill and was on the ground next to Wade when DiPalma began firing at Becerril, according to the lawsuit.
Wade was struck by one of the rounds fired by DiPalma. Wade says she was struck in the right leg, with the bullet entering the side of her thigh just above her knee and exiting the left side of her thigh just below her pelvis. Wade also alleges that shrapnel from the bullet is still in her leg and may require surgical removal.
Becerril also sustained a serious gunshot wound during the incident. While hospitalized, he apologized for his behavior and did not blame the officers. He also pled guilty to felony charges of menacing a police officer with a firearm. As a result of a plea agreement, he is facing no more than 3 1/2 years in prison.
Three Town of Fishkill police officers, including DiPalma, were the subject of a lengthy grand jury investigation that ultimately cleared them of any wrongdoing. The grand jury report and full account of the original incident can be found here.
