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Office of the District Attorney P. David Soares
Supreme Court Affirms Guilty Verdict of Cop Shooter ALBANY , NY – Albany County District Attorney P. David Soares announced today that the conviction of TRACY GRADY of Albany, NY, after a jury trial in Albany County Court was upheld by the New York State Supreme Court, Appellate Division Third Department. On August 14, 2001, an Albany County Jury convicted TRACY GRADY of (2) counts of Attempted Murder in the 1 st Degree, (1) count of Assault in the 1 st Degree, (1) count of Assault in the 2 nd Degree, (1) count of Criminal Use of a Firearm in the 1 st Degree and (1) count of Criminal Possession of a Weapon in the 2 nd Degree in front of the Honorable Thomas Breslin. On November 13, 1999, two Albany Police officers, now detectives, Thomas Shea and Stanley Nadoraski, were on routine patrol on North Swan Street in the City of Albany when they observed GRADY, who was the subject of an outstanding domestic violence complaint signed by his former girlfriend two days earlier. The complaint alleged that GRADY had broken into her apartment in the middle of the night. The officers exited their vehicle and Shea spoke with GRADY while Nadoraski contacted the desk officer to confirm the status of the domestic violence complaint. When GRADY was informed that they would need to arrest him and take him into custody, GRADY pleaded with the officers. GRADY then became aggressive and resisted their efforts to place him in handcuffs. A violent struggle ensued during which GRADY punched, kicked, bit, head butted and wrestled with the officers. At one point, GRADY was able knock both officers to the ground and grab Shea’s guns. As Shea started to get up, GRADY shot him in the back. GRADY then continued on to where Nadoraski had fallen and fired two shots, one in the face and one in the chest, causing life-threatening injuries. Shea was then able to use Nadoraski’s weapon to fire shots in the direction of GRADY as he fled on foot, but GRADY was not hit. The gun used by GRADY in the shooting was recovered hours later at the apartment of a friend in the City of Troy. GRADY was apprehended in Atlanta, Georgia on January 15, 2000. GRADY did not testify at trial but claimed that he acted in self-defense and/or that the officers were shot by “friendly fire.” Once convicted, GRADY was sentenced to 50 years to life in prison. GRADY appealed that decision. Today, New York State Supreme Court Judge, Honorable Spain, affirmed the guilty verdict of the jury and the sentence imposed. The Court found nothing to support GRADY’s claim that there was abuse of discretion in the County Court’s Sandoval ruling, there is no merit to GRADY’s contention that County Court erred in denying his request for a justification jury charge, that no evidentiary errors occurred requiring reversal of the conviction and a new trial and that in view of GRADY’s deliberate egregious conduct, the Court found neither an abuse of sentencing discretion nor extraordinary circumstances warranting a reduction on GRADY’s sentence. The Honorable Edward O. Spain wrote the decision. Presiding Justice Honorable Anthony J Cardona, Honorable D. Bruce Crew III, Honorable John A. Lahtinen and Honorable Anthony T. Kane concur. “I would like to thank the Justices of the Appellate Division for their thorough review of this case,” commented DA Soares. “Mr. Grady is a violent criminal and I am pleased that he will remain behind bars for a very long time. The people who put their lives on the line to protect us everyday are heroes and anyone who threatens their safety will face harsh prosecution in Albany County.” ADA Brett Knowles of the Appeals Unit handled the appeal for the District Attorney. # # # For further information contact: Heather Streeter Orth
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