Four lawsuits have been filed by the family of a man who was shot and killed by an off-duty trooper in September, alleging mental anguish over the incident.
Following an altercation with police on September 11, James Dellea passed away. The incident started around 4 p.m., when police were looking for Dellea because he had threatened to harm himself.
Dellea was located Route 9 in Malta, near the parking lot of the Albany-Saratoga Speedway. At Bethel Saratoga Church, he sped off and led police on a low-speed pursuit. The footage shows Dellea using the rifle to break the car’s passenger window after repeatedly ignoring orders to exit the vehicle. He was shot and killed by 23-year veteran Brian Rudolph. Since then, Rudolph has retired on his own volition.
Dellea s wife, Melissa Simmons, and daughters Rachel, Taylor and Samantha each have filed lawsuits in the New York State Court of Claims seeking monetary and punitive damages.
The lawsuits, which were first reported by The Daily Gazette, provides some more details about what led up to the shooting.
The lawsuit claims that Dellea s estranged wife, Melissa Simmons, had contacted New York State Police around 2:42 p.m. asking them to check his residence in Hillsdale because he had been showing signs of depression. In less than two years, he had lost five family members.
His mother died on Feb. 22, 2022, and his infant grandson died on March 1, 2022 of a congenital medical condition. His father passed away in June 2023, his sister in August 2024, and his brother in May 2022. He and his wife were also at odds.
Dellea had texted her a shot of himself with a rifle that he had used for hunting and said he was waiting to complete a background check, presumably to buy ammunition.
Ms. Simmons told the Troop K dispatcher that Mr. Dellea had a rifle and ammunition and that Mr. Dellea a kind man who was highly regarded in the community did not present a danger to anyone but himself.
Dellea had told her that he would be at the last place he had been happy and the last place at which his mother had been proud of him.
Simmons took that to mean that Dellea, a well-known local stock car driver, was going to be at the Albany-Saratoga Speedway on Route 9 in Malta.
Police found Dellea and followed him to the parking lot of Bethel Saratoga Church.
Dellea was throwing himself against the passenger window. He then smashed it with the butt of the gun and Trooper Brian Rudolph fired the gun and killed him.
The family also claims that New York State Police misled them, saying that Dellea was in custody and was taken to the hospital for a mental health evaluation. Instead, he was killed instantly.
In addition, police did not immediately disclose the death, stating that they were waiting for a positive identification.
At the time of his death, Mr. Dellea carried his wallet, which contained several forms of identification, including his New York State Driver s license, the lawsuit said.
The family is seeking monetary damages. New York State Police spokesman Beau Duffy declined to comment on the pending litigation.