Murder charge reinstated against NY state trooper in 11-year-old Monica Goods’ death
A state appellate panel has reinstated the murder charge against a state trooper who twice rammed the car of a civilian motorist, killing 11-year-old Monica Goods of Brooklyn during a high speed chase in December 2020, according to the decision released Thursday.
The appeals panel for the Third Judicial Department ruled 4-1 in agreeing that Judge Bryan Rounds was wrong in his February 2023 decision to dismiss the second-degree murder by depraved indifference charge against Trooper Christopher Baldner in Monica’s death.
The appeals judges also reversed Rounds’ decision to reduce first degree reckless endangerment charges against Baldner, who has sicne retired, to second degree reckless endangerment.
“Monica would have been 15 next month. She should be here to see it. Unfortunately her life was stolen in a horrible way and so was Tristina’s childhood,” said Monica’s mother Michelle Surrency, also referring to her elder daughter who survived the crash but was traumatized.
“I hope this criminal is prosecuted to the fullest extent of the law.”
Baldner’s lawyers, who argued that Baldner’s actions did not meet the depraved indifference standard, have 30 days to appeal the decision to the state’s highest court, the Court of Appeals. His union blasted the decision.
“We are deeply concerned that this ruling, if it stands, sets a dangerous precedent that could put a chill on law enforcement
officers’ ability to do their job effectively and protect and serve the public,” the New York State Troopers PBA said in a statement. “The
PBA will continue to support retired Trooper Baldner and cover his legal expenses as he seeks leave to appeal this decision to the Court of Appeals.”
The state Attorney General’s office, which is prosecuting the case, also did not have immediate comment.
Monica was on a family holiday trip upstate on Dec. 22, 2020 when Baldner pulled over her father Tristin Goods for speeding on I-87 near Kingston.
The two men argued and then Baldner became enraged and peppered sprayed the interior of the car. Claiming he was in fear of his life, Goods drove off and Baldner chased and twice rammed the rear of Goods’ SUV at speeds in excess of 130 miles per hour.
The SUV flipped over a guardrail and Monica was ejected, killing her. Her body was found under the vehicle.
Baldner drew his gun and asked repeatedly if there were guns or drugs in the car, but not if anyone was injured, the decision said.
He claimed at the scene that Goods had caused both collisions, a falsehood revealed by state investigators and previously reported by The News.
“(Baldner) reported to a State Police sergeant that both collisions were initiated by the SUV, including the second one, which caused the SUV to lose control and crash,” the decision said, saying that was “proof tending to show that defendant was avoiding supervisory scrutiny and fabricating a record.”
Key to Thursday’s decision was a previous 2019 incident in which Baldner twice rammed motorist Jonathan Muthu’s minivan in another high speed chase on I-87 that ended in a crash but no deaths.
Muthu, driving with two friends, testified he fled because he had pot in the minivan, the decision said. Baldner chased and rear-ended the minivan, which spun out. Baldner then hit the minivan head on.
In the aftermath, Baldner asked them if they had weapons or drugs, but did not inquire if anyone was hurt, the decision said.
“The grand jury heard that, in September 2019, defendant ‘came out of the woods like the Dukes of Hazard’ in his State Police vehicle,” the decision said.
Depraved indifference means the subject “showed an utter disregard for the value of human life – a willingness to act not because one intends harm, but because one simply does not care whether grievous harm results or not,” the decision said.
“When the evidence is viewed in the light that most favors the People – which is the finding that we must credit in this posture – is that defendant decided to end both pursuits with perilous, unsanctioned high-speed collisions while possessed of a ‘wickedness, evil or inhumanity’ directed at two defiant drivers,” the judges wrote.
In the lone dissent, Judge John Egan countered the evidence, “reflects that defendant was doing his job in a reckless and undisciplined fashion … It does not permit the conclusion that defendant evinced an utter disregard for human life.”
Said Sanford Rubenstein, who, with Corey D’Almata, represents Surrency in her lawsuit against Baldner and the state, “We now look forward to the trial and full justice for this horrible wrongful death which never should have happened.”