Saratoga Springs responds to Mount's mother's intent to sue

Posted at: 12/13/2013 5:46 PM
Updated at: 12/13/2013 5:57 PM
By: Mark Mulholland

SARATOGA SPRINGS - It's been the subject of conversation here since it happened early in the morning on August 31.

The question: exactly what caused the injuries that left Darryl Mount Jr. brain damaged and confined to a wheelchair. Mount was being chased by four city police officers after they witnessed him pushing his girlfriend's head into the wall outside a Caroline St. business.  Surveillance cameras mounted on Broadway captured part of the pursuit, but the chase ended up on some construction scaffolding at the rear of a building, out of the view of the cameras.

Police say they lost sight of Mount while he was on the scaffolding and then found him face down on the ground, more than 20 feet below with his face bloodied, apparently from the fall.

But Mount's mother believes it wasn't just a fall that left her son fighting for his life. Through her attorney, Robert Katzman, Patty Jackson has filed a notice of claim, letting the city know that she intends to sue.

The notice accuses police officers of using excessive force in their pursuit of her son.  Since the incident, Jackson and the attorney who first represented her, claimed they were aware of evidence that police are not aware of, that the officers acted improperly. But Jackson has not revealed that evidence.

John Aspland, an attorney representing the city, said on Friday that the notice of claim will give him an opportunity to question Mount's mother about what she knows.

"We have all the information that exists in the world of this case, indicating there was absolutely no wrong doing on the part of the police, said Aspland. "Every person that's been interviewed and statements taken, none of them have indicated or even implicitly stated that any force was used with respect to Mr. Mount that night."

Attorney Katzman did not respond Friday to NewsChannel 13's request for comment.

Aspland says he expects to interview Jackson in January.