Columbia County family man shot by police files lawsuits

The family of a man shot and killed by an off-duty soldier in September has filed four lawsuits, claiming emotional distress from the killing.

James Dellea died after a confrontation with the police on 9/11. The incident began around 4 p.m., when the police were looking for Dellea because he had threatened to harm himself.

Dellea was in the Albany-Saratoga Freeway parking lot on Route 9 in Malta. He took off and led police on a low-speed chase to Bethel Saratoga Church. After refusing multiple commands to get out of the car, the video shows Dellea using the gun to break the passenger window. Brian Rudolph, a 23-year veteran of the force, shot and killed him. Rudolph has ever since voluntary retiree.

Dellea’s wife, Melissa Simmons, and daughters Rachel, Taylor and Samantha each filed suit in the New York State Court of Claims, seeking monetary and punitive damages.

The lawsuits, which were first reported by The Daily Gazette, provide more details about what led up to the shooting.

The lawsuit alleges Dellea’s estranged wife, Melissa Simmons, contacted the New York State Police around 2:42 p.m., asking them to check his Hillsdale residence because he was showing signs of depression. He had lost five family members in less than two years.

His mother died on February 22, 2022 and his grandson died on March 1, 2022 due to a congenital medical condition. He lost his brother in May 2022, his father in June 2023 and his sister in August 2024. He was also estranged from his wife.

Dellea texted him a shot from a rifle he used to hunt and said he was waiting to run a background check, presumably to buy ammunition.

“Miss. Simmons told the K Troop dispatcher that Mr. Delea had a rifle and ammunition and that Mr. Delea – a good man who was well-respected in the community – was not a danger to anyone but himself.”

Dellea had told him that he “will be in the last place he was happy and the last place his mother was proud of him.”

Simmons figured Delea, a well-known local stock car driver, was going to be at Albany-Saratoga Speedway on Route 9 in Malta.

Police found Dellea and chased him into the parking lot of Saratoga Bethel Church.

Dellea threw herself out the passenger window. He then crushed her with the butt of his gun, and Trooper Brian Rudolph fired and killed him.

The family also claims the New York State Police misled them by saying Dellea was in custody and was taken to a hospital for a mental health evaluation. Instead, he was killed on the spot.

Additionally, police did not immediately disclose the death, saying they were awaiting positive identification.

“At the time of his death, Mr. Delea was carrying his wallet, which contained several forms of identification, including his New York State driver’s license,” the lawsuit states.

The family is seeking monetary damages. New York State Police spokesman Beau Duffy declined to comment on the pending litigation.