Buffalo, NY (WBEN) The family of Keaira Bennefield is contemplating suing New York State over its cashless bail reform, claiming it played a role in the woman's death, allegedly by her estranged husband.
Attorney John Elmore tells WBEN whether the family has a case depends on the facts of the case, which he emphasizes have not been fully released. "A lot of it depends on on what information the police department knew, and what whether or not they charged (Adam) Benefield with the appropriate charges," explains Elmore. "Also, my understanding is that he was given a mental evaluation and then released from a mental evaluation and, and may have made some threats after he was released. And that could possibly trigger some some legal action if the police failed to act on that."
Elmore notes New York State's bail law requires the court to consider releasing a person on the least restrictive means to assure their future appearance in court. He adds there has been talk of tweaking that law.
Elmore says it's very difficult to sue the state for because of because of the law the way that it is. But Elmore says if Cheektowaga Police were aware of Benefield, hypothetically threatening Keaira when he was released from jail and failed to take action on that, then there possibly could be a very strong and viable lawsuit against the police department.
Adam Bennefield is being held without bail on charges of murder, and aggravated criminal contempt. Keaira Bennefield was fatally shot October 5 while inside of a vehicle in front of her kids.
