A notice of claim seeking a financial settlement has been filed against Schoharie County, the Sheriffs Office, and the deputy involved in the death of Joshua Camp in Middleburgh in June.
The claim was filed by Albany attorney Anthony Cardona on October 27 with Suzanne Fuchs, the legal guardian of Mr. Camp's daughter, listed as the claimant.
The notice states that if there is no settlement, an action will be started against the county, Sheriff's Office and Deputy Thomas Mudge, who, according to the notice, was the officer involved in the chase that resulted in the death of Mr. Camp on June 17 on Griebel Lane in Middleburgh.
Deputy Mudge was listed both as an individual and as a deputy.
The deputy's actions, according to the notice, were "negligent, careless, and reckless," in connection with the incident which caused the death of Mr. Camp.
Sheriff Tony Desmond did not refer to the deputy by name, but said the deputy involved in the death returned to active duty on July 20 after he interviewed and cleared him.
The Sheriff did not comment specifically on the lawsuit, but added, "The lawsuit is a natural outcome of an incident like this. It needs to run its course...
"It's very sad that this incident occurred. It's been difficult for the deputy and the family of the deceased."
Sheriff Desmond, who asked the State Police to conduct the investigation of the incident, expects the matter to go to a county grand jury.
He is in favor of a grand jury to get the opinions of the members of the jury, he added.
Mr. Camp, 31, was treated at the scene of the collision off of Greibel Lane in the village, according to the Cobleskill State Police. He was then taken by Med Flight helicopter to Albany Medical Center where he died from his injuries.
Police gave the following details of the incident: At about 7pm, a Schoharie County Sheriff's deputy initiated a traffic stop of an unregistered dirt-bike in the village.
The operator of the dirt-bike allegedly failed to comply, and the deputy began a pursuit.
The brief pursuit ended on a lawn behind a home on Griebel Lane when Mr. Camp lost control of the dirt-bike and was ejected and collided with a Sheriff's Office patrol car.
In July, Schoharie County Supervisors agreed to put a road patrolman in the Sheriff's Office on paid administrative leave.