The Jersey City Council questioned hiring outside counsel to defend two police officers involved in the fatal 2023 shooting of Andrew Washington during yesterday’s caucus.

Screenshot via Microsoft Teams.

By Daniel Ulloa/Hudson County View

“I just want to understand the consequences of a no vote or abstention,” Ward D Councilperson Jake Ephros asked.

“The city has a legal obligation to obtain representation … for city employees and officers who are sued for conduct in their official business,” began Corporation Counsel Sarah Levine.

She continued that the city itself cannot represent employees, including police officers, which is why outside counsel is necessary in situations such as this one.

“In this case, there are two separate officers with whom the city has a legal conflict because the city’s interest, the city’s legal position, could diverge from the officers. The officers are separately situated from each others,” Levine added.

“ … We have a legal obligation to represent these two officers. If we fail to, they could sue the city, and they would likely prevail.”

Ephros asked why there were two resolutions to hire two different firms to defend two different officers, to which Levin noted they are defendants in the same case, where Washington’s family is suing the police department and the city.

“These are defendants in the same case,” Levine said.

“If we were to refuse to provide them legal representation … it would essentially be gifting the officers money. Is that your assessment?” Ward E Councilwoman Elena Little questioned.

Levine replied that they would have a legitimate case to recoup the costs of legal representation, later noting it is a state mandate to provide municipal employees counsel but it’s to the governing body to cast their votes as they see fit.

“If we get to a point where no agreement or settlement can be reached and we go to court and the plaintiffs win … at what point does the onus fall back on them?” Ward F Councilperson Frank “Educational” Gilmore asked.

“This is a very thorny legal question … There are no clear lines on this issue,” Levine said.

“Let’s say an officer is involved in the infraction … are we still on the hook for representation?” Gilmore asked.

“That’s correct,” Levine said

Gilmore further questioned if that would still apply in a situation where an officer is terminated, to which Levine said those are very specific circumstances that are rarely seen.

“The city is still defending them actively right?” Ward C Councilman Tom Zuppa, a former assistant Hudson County prosecutor, asked.

“The city is still defending itself as well as all of the other officers who do not have conflicts with the city’s interests. It is just the two officers who are named defendants who do have specific conflicts who we’re engaging outside counsel for,” Levine explained.

Zuppa felt the rates of $225 an hour not to exceed $65,000 were a bit high and therefore should be brought down.

“In my experience,  these attorneys are going to piggyback off everything the city does as lead counsel … and double up their work. Could you speak to that please?” he inquired.

“This is not a back door for these firms to provide additional services …This hourly rate and this number of hours is what is necessary for this contract,” Levine responded, noted the rates had been negotiated down to a best case scenario.

She added that getting attorneys to take the case was difficult since the matter had garnered national attention and is being litigated in federal court.

Washington was killed on August 27th, 2023 after his family called for help while he was in the midst of a mental health crisis. Then-Police Officer Stephen Gigante fatally shot him after he approached officers with a knife.

His sister, Courtnie Washington, filed a lawsuit about a year later, claiming that the situation was “entirely preventable,” while a state grand jury determined that the officers did not commit any criminal wrongdoing in April 2025, as HCV first reported.

Pending council approval, he would be represented by Cedar Grove-based O’Toole Scrivo, LLC, where Port Authority Chair Kevin O’Toole is a managing partner.

Officer Felix DeJesus, Gigante’s partner during the incident, would potentially be represented by Philadelphia-based Bennett, Bricklin & Saltzburg, LLC.

The Jersey City Council will convene for a regular public session tomorrow at City Hall, 280 Grov St., and the meeting will also stream live on Microsoft Teams.