Jonathan GordonJul 11, 2018, 12:49 pmJul 11, 2018, 1:09 pm

Father of dead toddler threatens to sue village for alleged negligence

Attorney: ‘Stephen Boyd is just looking for justice for his daughter, himself, accountability.’

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MAMARONECK – Stephen Boyd, the father of Gabriella Maria Boyd who died after suffering injuries at her home in April, is threatening to sue the Village of Mamaroneck for alleged negligence that led to his daughter's death.

The notice of claim filed July 3 makes the assertion that the village of Mamaroneck, Mamaroneck Police, and Child Protective Services are to blame for Gabriella’s death because they failed to enforce a court child custody order the day before the toddler died. Gabriella's mother, Cynthia Arce, refused to give the girl over to police after they came to her home on April 27.

"They were met by Ms. Arce at the door and she subsequently slammed the door in the face of the police, the officers decided to leave the scene," a part of the document claims. “Gabriella Boyd was found deceased, apparently by her mother's hand."

The notice of claim was filed by Attorney Montgomery Delaney because Martin Rosen, Stephen Boyd’s personal attorney, who represented Boyd in the child custody case, could be potentially called as a witness if a lawsuit goes to trial. Rosen had direct contact with the Mamaroneck police during the attempts to have Gabriella removed from her mother's custody.

Rosen released a statement on the situation.

"The notice speaks for itself. Mr. Boyd is just looking for justice for his daughter, himself, and accountability," Rosen said.

The whole village of Mamaroneck is deeply saddened by Gabriella’s tragic death. We believe that our officers and the police department did everything according to procedure and law that they could and we plan to defend their actions," Mamaroneck Mayor Tom Murphy said.

On April 28, the day after Arce refused to relinquish custody of the girl, police said they responded to a 911 call for an incident at 507 chestnut avenue in the village.

Arce allegedly stabbed two officers who went to offer aid to an injured Gabriella. She was tased and shot three times. She is now being held at the Westchester County Jail. Arce has been charged with two counts of attempted aggravated murder of a police officer. Arce’s case is still pending a grand jury hearing.

No charges have been filed in Gabriella’s death as the district attorney's office waits for the medical examiner's report to be completed.

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