Case against Westchester DA and Mt. Vernon police set to go to trial

A state Supreme Court judge has refused to dismiss a lawsuit against the Westchester District Attorney's Office and the Mount Vernon Police Department.

Joy Thomas is suing the DA's office and the Mount Vernon Police Department because she says they failed to protect her. In February of 2000, a Mount Vernon judge issued an order of protection on behalf of Thomas against her ex-boyfriend Olonzo Davis, who had attacked her and set her home on fire. But the suit claims that the DA's office never served Davis with the order of protection and never took steps to arrest him.

Days later Thomas was shot in the head at Westchester Community College by Davis, who then took his own life.

The district attorney's office acknowledges mistakes were made, but issued a statement saying, "This office obtained an arrest warrant as well as a temporary order of protection on behalf of Joy Thomas. Ultimately, Olonzo Davis and Olonzo Davis alone, is responsible for shooting Joy Thomas and then taking his own life."

The case will now go to trial. Jury selection could start as soon as next month.

The City of Mount Vernon had no comment on the lawsuit.

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