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Jury Says No Excessive Force Used By Vestal Police In 2011 Shooting

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VESTAL, N.Y. -

A jury found no excessive force was used by Vestal police in a 2011 shooting at the Shoppes At Vestal. Wayne Hicks sued the town, now retired Sargent Joseph Kennedy, and officer Jared Fiacco, saying the police unjustly fired their weapons at him in the Famous Footwear parking lot. 

The night of the incident, police responded to reports of shoplifting at Famous Footwear. When they arrived on scene, Kennedy and Fiacco surrounded a vehicle in the parking lot, which was being driven by Wayne Hicks, one of the suspects described in the 911 call. 

According to police, Hicks did not stop his vehicle when ordered to, and continued to drive forward, striking Fiacco in the leg. It was then that police say both Fiacco and Kennedy fired their weapons. Court papers say bullets hit both Hicks and the vehicle.

In 2012, Hicks was found guilty of assault by a Broome County jury and sentenced to six years in Broome County Jail. He appealed that decision and was denied.