Shooting victim's 911 call could answer questions related to his death. Why can't we hear it?

WALTON – Following a recent story about the killing of Paul Joseph Weeden, 66, at the hands of police, many readers questioned why neither Weeden's family nor the media could access a recording or transcript of the 911 call which led to the shooting.

In many states, including Arizona, Georgia, Florida, Illinois, Texas, Maryland, California and others, 911 call recordings or transcripts are considered public record. But New York County Law 308(4) prohibits the release of 911 call recordings outside of New York City.

Paul Weeden Jr. shows a photo of his father, Paul Weeden Sr., in this Times Herald-Record March 28, 2022 file photo.
Paul Weeden Jr. shows a photo of his father, Paul Weeden Sr., in this Times Herald-Record March 28, 2022 file photo.

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"Records, in whatever form they may be kept, of calls made to a municipality’s 911 system shall not be made available to or obtained by any entity or person, other than that municipality’s public safety agency, another government agency or body, or a private entity or a person providing medical, ambulance or other emergency services," according to the law.

That means that while individuals and organizations can invoke the Freedom of Information Law to access various records including arrest reports, public meeting minutes, tax assessment records, suspect mugshots, restaurant inspections, government employee salaries, government contracts and more, FOIL requests for 911 call recordings or transcripts will more than likely be denied.

Photos of Paul Weeden Sr. lay on a table in Paul Weeden Jr's home in Livingston Manor, NY on Monday, March 28, 2022.
Photos of Paul Weeden Sr. lay on a table in Paul Weeden Jr's home in Livingston Manor, NY on Monday, March 28, 2022.

For that reason, the Times Herald-Record and the USA TODAY Network has not been able to obtain a recording or transcript of Weeden's 911 call, which police classified as a mental health call.

What was said during Weeden's 911 call could provide valuable insight into the circumstances surrounding the shooting and Weeden's death.

Weeden lived in the town of Walton, in Delaware County. His adult sons live in Livingston Manor, Sullivan County, about 30 miles away.

USA Today reporters currently have Freedom of Information requests with the Walton Police Department for its use of force policy and any body camera and dashboard camera footage from the incident. While the requests were acknowledged several weeks ago, reporters have not received any official responses.

What we know

  • On Oct. 4, 2021, Paul Joseph Weeden, while inside his Walton home, was shot and killed by police. Police were responding to Weeden's 911 call.

  • The shooting is under investigation by the New York State Police and the state Attorney General's Office.

  • An officer who responded to Weeden's residence said he saw Weeden holding what appeared to be a gun. Police say Weeden ignored repeated commands to drop the suspected gun and that he pointed it at the officer, who then fired his weapon at Weeden through a screen door.

  • According to the autopsy report, Weeden was shot four times — three times in the torso and once in the thigh. His death was classified a homicide.

  • Immediately following the incident, the officer involved was placed on administrative leave. The officer has since been brought back.

What we don't know

  • Who was the Walton police officer who shot Weeden?

  • What was the suspected gun?

  • What did Weeden say during his 911 call?

  • How many mental health calls does Walton Police Department field each year?

  • Is there body or dash camera footage of the incident?

Erin Nolan is an investigative reporter for the Times Herald-Record and USA Today Network. Reach her at enolan@gannett.com

This article originally appeared on Times Herald-Record: Walton police shooting victim's 911 call is not public record