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Albany County Grand Jury Returns No Bill in Use of Force Fatal Shooting of Armed Partridge Street Resident

Albany County District Attorney David Soares



Press Release

October 5, 2018



Albany County Grand Jury Returns No Bill


in Use of Force Fatal Shooting of


Armed Partridge Street Resident

ALBANY, NY - District Attorney P. David Soares today announced that an Albany County Grand Jury cleared Albany Police Officer Elston Mackey of any criminal wrongdoing in relation to the death of 20-year-old Schuyler Lake during a June 2018 incident on Partridge Street in the City of Albany.

An Albany County Grand Jury returned a No Bill in the case after hearing from witnesses and reviewing evidence related to the incident.

On Friday June 22, 2018, at about 11:33 P.M., two 911 calls were placed by individuals at 61 Partridge Street in the City of Albany. The first call was placed by a victim and only screaming could be heard on the call. The second call was placed by a neighbor who indicated that a man with a weapon was on the second floor of the residence.

Responding Officers Elston Mackey and Derrick Ellis were initially unable to gain entry to the residence as the door was locked and the glass window was thick and difficult to break.  Officer Mackey forcefully broke through the glass with his baton and could see through the front door window that a woman was lying at the bottom of the stairwell with visible bleeding from her head, face, and neck, with a knife still lodged in her eye. Officers called for an ambulance at that time.


Officers then observed a man at the top of the stairs who was clearly holding a knife in his hand.
The Officers made commands for the man to drop the knife. The man did not comply, and instead the man descended the stairwell and began to stab the woman. As the man continued to ignore demands to stop and drop the knife, Officer Mackey fired several rounds from his department issued handgun through the door. The man was struck and died shortly thereafter at the scene.

The man was identified as Schuyler Lake, who resided at the home. The female victim was identified as Lake’s 52-year-old mother, and a second victim found upstairs suffering from stab wounds was identified as Lake’s 55-year-old uncle. The victims survived after medical attention.

“The members of the Grand Jury considered all of the evidence presented to them and ultimately determined that the officer involved in this matter was justified in his actions with the intent to further public safety during the incident.” commented DA Soares. “I would like to thank the Grand Jury for their service to the people of Albany County. They paid careful attention to the case and weighed all of the factors to determine justification for Officer Mackey’s actions. This case presented us with a tragic set of circumstances and was fully and thoroughly investigated by my staff.”

Chief Assistant District Attorney David Rossi presented this case to the Grand Jury.

For more information please contact Cecilia Walsh at (518) 275-4710 or [email protected]