Fincher family settles with Newburgh nearly six years after fatal shooting

Newburgh city officials quietly settled a wrongful death lawsuit brought by the family of Tyrell Fincher, who was shot and killed by Newburgh police on March 27, 2020. The settlement, confirmed by attorney Michael Sussman, ends a legal dispute that began after a confrontation that left the 26-year-old dead and one officer, Christopher Nedwetzsky, wounded by friendly fire.

Fincher was approached by three Newburgh officers after police said he was wanted for criminal possession of a weapon and attempted to flee. Officers fired multiple rounds, striking Fincher four times. The Orange County District Attorney’s Office said Fincher had a semi-automatic pistol on him for which he did not have a license. The district attorney released a clip from an officer’s body-worn camera early in the investigation and said, "Fincher shot first and police had to shoot back." A grand jury later declined to indict the officers in October 2020, and the state attorney general’s office also declined to take the case because Fincher had a pistol, according to the district attorney’s news release.

Hoovler’s office conducted a separate review and concluded the officers acted in self-defense while trying to "arrest an armed and dangerous individual." That inquiry established a complicating detail: Fincher’s pistol was never fired during the incident, reportedly because the weapon jammed.

The ensuing protests and community unrest came just a couple of weeks into pandemic lockdowns, with demonstrators contesting the use of deadly force against a Black man. In 2022 Twanda Fincher, who oversees her brother’s estate and is guardian of his only child, sued the city and the three officers involved: Nedwetzsky, Robert Breault and Ricardo Rivera. The lawsuit alleged Fincher displayed the "inoperable" weapon and waved it away from police to display his "lack of hostile intent." The complaint also noted that police had been alerted via a department-wide email to exercise caution when encountering Fincher.

Sussman confirmed the settlement but said he could not disclose terms because of a confidentiality agreement. "They wanted to have the truth told about what happened, and they felt in the depositions that were conducted, they were able to get a better understanding of the situation," Sussman said.

The settlement arrives against a backdrop of prior litigation involving Officer Rivera. Rivera was previously named in a lawsuit over a May 2019 arrest that city officials settled for $400,000. Rivera also was named in a 2018 suit stemming from a police chase that resulted in serious injury. Rivera remains employed by the Newburgh City Police Department and, according to SeeThroughNY, earned $287,283 in 2025. Breault began working for the Port Jervis Police Department in 2023. Salary and employment information for Nedwetzsky was not immediately available.

For Newburgh residents, the settlement underscores enduring questions about police training, equipment reliability, department accountability, and the costs, financial and civic, of force incidents. With details sealed, City Council members and police oversight bodies will face renewed pressure to review use-of-force policies, body-worn camera practices, and transparency measures. The case’s resolution closes a chapter in litigation but keeps policy debates open for a city still grappling with trust between police and the communities they serve.