LEGISLATIVE RESOLUTION honoring several courageous and dedicated New
York State police officers for their heroic action on January 10, 2009

WHEREAS, It is the sense of this Legislative Body to recognize and honor
those distinguished citizens who devote their life's work and purpose to
public service, contributing to the care and welfare of the citizens of
their communities and this great Empire State; and
WHEREAS, The quality of life of these communities is largely reflec-
tive of the commitment and dedication demonstrated by members of the
agencies which serve to protect, preserve, and maintain public order;
this Legislative Body is moved to laud particularly those individuals
who risk their lives and personal safety providing that protection; and
WHEREAS, This Legislative Body is proud to pay tribute to several
Capital District area Division of State Police and East Greenbush Police
Department police officers in recognition and appreciation of their
heroic action on January 10, 2009; and
WHEREAS, On that Saturday, just before noon, Trooper Ian E. Henry was
patrolling Interstate 90 when he stopped a taxi in the Town of East
Greenbush that had been traveling at a high rate of speed; as he
approached the taxi, he noted the taxi was from Connecticut and that
there was a passenger in the rear seat; as it is unusual for a Connecti-
cut taxi to be in the Albany area with an apparent fare, the driver was
asked key questions to ascertain if this was a legitimate fare or if
criminal activity might be afoot; and
WHEREAS, Not satisfied with the answers provided by the driver, Troop-
er Henry engaged the rear seat passenger in conversation; while asking
pertinent questions, Trooper Henry scanned the interior of the taxi and
saw the passenger was fumbling with his belongings; the passenger inad-
vertently revealed what looked like the stock of a gun protruding from
the duffel bag; when he realized Trooper Henry had seen the weapon, the
passenger fully removed the assault rifle from its hiding place; and
WHEREAS, Not knowing the passenger's intentions, Trooper Henry acted
swiftly, attempting to reach in and grab the weapon; the passenger broke
free, however, and pointed the assault rifle at Trooper Henry who then
drew his sidearm and began to move to a position of cover behind his
vehicle; Trooper Henry knew he was outgunned but attempted to maintain
control of the situation by keeping his weapon trained on the taxi while
issuing commands to its occupants; the panicked taxi driver exited the
cab and ran at Trooper Henry; and
WHEREAS, Not knowing if the driver was also armed or an innocent
party, Trooper Henry took control of the driver and assisted him to a
position of safety; with the assistance of a passing motorist, retired
State Police Staff Sergeant Donald Egan, Trooper Henry restrained the
driver and then stopped westbound traffic in order to ensure that unsus-
pecting motorists remained at a safe distance should the subject begin
to fire the assault rifle; and
WHEREAS, In yet another twist of fate, off-duty Investigator Rodney
Livolsi was also traveling on I-90 in his Jeep and observed the situ-
ation as it was unfolding; although unarmed, he demonstrated great brav-
ery when he stopped on the shoulder to render assistance; Investigator
Livolsi's vehicle was used to transport the taxi driver out of the range
of the armed subject; as the subject began to fire the assault rifle in
their direction, Investigator Livolsi backed down the shoulder to a
safer position; and
WHEREAS, Once the taxi driver was secure, Trooper Henry realized many
motorists were stranded in their vehicles still well within harm's way;
without regard to his personal safety, Trooper Henry moved to the occu-

pied stopped vehicles and began to evacuate motorists, directing them
safely down the highway on foot; and
WHEREAS, As other Troopers and local police officers were being
dispatched to the scene, Trooper Henry used the abandoned vehicles for
cover to advance closer to the taxi to relay critical information to the
dispatcher; and
WHEREAS, As the highway became more congested with vehicles traveling
from the east, the subject continued to fire his assault rifle toward
innocent motorists and State Police and local police personnel began to
arrive and take decisive actions to stop the threat to life safely; and
WHEREAS, State Police Lieutenant John E. Agresta and Trooper Jeffrey
M. Devine were among the earliest to arrive from the west; they imme-
diately recognized the risks of allowing this subject to flee the area
either on foot or in one of many abandoned vehicles; they knew the
subject had an assault rifle and they knew he had already used deadly
physical force; they also knew it was likely the shooter might be
outside the range of their weapons, but that they would be within the
range of his; and
WHEREAS, Nonetheless, these brave officers positioned themselves in a
direct line of fire across the highway from the shooter; they antic-
ipated this would draw the shooter's attention and aggression toward
them and, more importantly, away from the increasing number of innocent
people on foot and in vehicles only a few hundred feet away in the west-
bound lanes; and
WHEREAS, Investigator Timothy A. Northrup and Troopers Fred D. Scarano
and Michael J. Keefe arrived and moved from the staging area east of the
scene toward the taxicab; between bursts of gunfire from the shooter,
these officers cleared the remaining motorists from their vehicles;
after ensuring that all innocent persons had been moved to safety, these
officers continued to move toward the shooter and took positions in the
westbound lanes using only vehicles as cover; they were fired upon but
maintained their composure as they relayed information to command offi-
cers while also returning fire; and
WHEREAS, Numerous police requests were made of the shooter to drop his
weapon and surrender; these were answered by continued gunfire from his
assault weapon, making it clear that additional tactical assistance was
needed; and
WHEREAS, State Police Rifleman Trooper Steven J. Borbee was deployed
for increased range and firepower; an "immediate rapid deployment team"
from the East Greenbush Police Department was also deployed and moved
through a wooded area behind the shooter and operated from a position of
concealment to fire upon the shooter; and
WHEREAS, The ordeal ended approximately 40 minutes after it began with
the assailant being disabled by the combined return fire of members of
the New York State Police and the East Greenbush Police Department, an
ordeal and threat which, thankfully, ended with no injuries to police or
innocent persons; and
WHEREAS, All the officers involved in bringing this situation to its
conclusion demonstrated great courage and devotion to duty in the face
of grave personal danger and are to be commended for their bravery; and
WHEREAS, The dedicated efforts of these officers, who unselfishly
devote their lives to the preservation of order and the protection of
others are worthy of the full praise of this Legislative Body and the
people of the State of New York; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
honor and pay tribute to each of the courageous officers who played a
role in bringing this dangerous, life-threatening incident on January
10, 2009 to a conclusion; and be it further

RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to each of these outstanding police officers with the appreci-
ation of this Legislative Body and the people of the State of New York.