GoFundMe photo of Robert Reed and Nicole Nazario
Edward Quinoy
A 1% Property Tax Increase to Pay for “Captain 13” Violence?
By Dan Murphy
In one of the largest personal injury settlements ever proposed to Westchester County government, the County Board of Legislators will be asked in the coming weeks to approve a $5 Million settlement to two corrections officers, Robert Reed and Nicole Nazario, who were shot by another corrections officer, Edward Quinoy.
Quinoy shot both Reed and Nazario, when he entered Reed’s house in Yonkers in 2018. Reed and Nazario were shot multiple times by Quinoy but survived. Quinoy shot himself and died.
Reed and Nazario filed a lawsuit against Westchester County in 2020, alleging that the Westchester Department of Corrections were negligent in allowing Quinoy to continue to serve as a corrections officer and to continue to have a weapon.
According to NY Supreme Court Judge Nancy Koba order, “Nazario and Quinoy dated for 5 years. 2013 until 2018, and Nazario testified that Quinoy was never abusive towards her. Prior to the Nazario-Quinoy relationship, Quinoy had been in a romantic relationship with B. Smith, the daughter of a retired correction officer.
“During their relationship, B. Smith experienced physical, mental, and emotional abuse by Quinoy. At the end of the relationship in 2013, B. Smith told her mother, T. Smith, a WCDOC correction officer at that time, about Quinoy’s abusive behavior. T, Smith reported said allegations to the WCDOC.
“B. Smith testified that she sustained various injuries, including a black eye, chipped teeth, a dislocated jaw, a sprained wrist, and a fractured sternum. At least one of these episodes was witnessed by WCDOC correction officers during a non-work-related social event. Further, during their relationship, Quinoy threatened to harm B. Smith and her son, he threatened her with a 9-millimeter firearm, and he threatened to kill her with a firearm.
“Quinoy had several nicknames, including “Captain 13 ,‘which refers to an altercation between a correction officer and an inmate under Code 13.
“In July of 2013, T. Smith made a formal statement about B. Smith’s allegations to the WCDOC’s Special Investigation Unit, SIU. Several Correction Dept. Superior officers testified that no action was taken against Quinoy for the allegations.
“Cusma indicated the information should have been forwarded to the WCDOC firearms review board, which would determine whether or not to suspend or revoke the correction officer’s firearms privileges.
“According to Cusma, T. Smith’s allegation that Quinoy threatened to use his firearm against himself, and others should have resulted in the suspension or revocation of Quinoy’s firearms privileges.
“The SIU did not investigate T. Smith’s 2013 allegations against Quinoy….Cusma stated that it would have been a dereliction of duty for the investigating sergeant not to follow up on the matter.”
In a letter dated September 10, Westchester County Attorney John Nonna wrote to the BOL, requesting authority to settle this case for $5 Million, with $3 Million for Reed and $2 Million for Nazario.
“Plaintiffs claim that Quinoy had a propensity for violence and that the County was aware of the claimed propensity and failed to investigate such allegations. Plaintiffs claim retired Correction Officer Smith reported to WCDOC Special Investigations Unit, allegations that Quinoy had a history of domestic violence and threatened to shoot Officer Smith’s daughter and take his own life. Plaintiffs claim that the County failed to conduct any investigation into the reported allegations. Plaintiffs further claim that had the County investigated the domestic violence claims, Quinoy’s license to carry a weapon would have been suspended and he would have been disciplined. Finally, Plaintiffs claim that it was the County’s failure to take appropriate corrective measures with respect to Quinoy that was the proximate cause of the plaintiffs’ injuries. The County has denied these allegations. The settlement takes into consideration the uncertainty of litigation and the potential costs of trial, the exposure to a substantial jury verdict, subsequent proceedings and potential appeal,” writes Nonna.
If the $5 Million were paid out by the County in a lump sum, based on the County’s total annual real estate tax levy of $542M, this settlement payment equals almost a 1% increase on all homeowners’ County tax bills.
“The alleged lack of Corrections Dept’s oversight is the cornerstone of the theory of the County liability in this case. The large pay-out assumes the high likelihood that a jury would find the County liable and that such finding would have been sustained by the trial judge and any appellate court.
“The alleged facts laid out in the court documents are hair-raising. Once again, this illustrates the need for independent oversight of law enforcement agencies, including the County jail. Proposed legislation for an independent police accountability board (like a “Civilian Control Review Board”) has been stalled somewhere between the BOL and the County Executive’s office since it was recommended by the Westchester County Police Reform and Reimagining Task Force in 2021.
“Also, as budget season arrives, consideration should be given to charging such settlement outlays and judgments against the responsible department. As I have stated many times, this particular department has been over-budgeted for years in view of the substantial reduction in the average daily population at the County jail with no reduction in personnel employed there,” said former County Legislator Damon Maher.
