The grieving family of a father-of four shot dead by police during a catastrophic welfare check claim he was murdered by reckless officers who then lied to them for hours – insisting he was still alive.
James Dellea, 48, was killed by a bullet to the head after New York State troopers allegedly spotted him brandishing a gun as they swarmed his car at a church parking lot in Saratoga Springs, New York.
His wife and children are adamant, however, that depressed James was not a threat to the public and didnt point the weapon at cops during the harrowing September 11 standoff which was captured on newly-released bodycam video.
They also alleged in an exclusive interview with DailyMail.com that New York State Police (NYSP) officers informed them in the immediate aftermath that James was alive, unharmed and en route to the hospital for a psych evaluation.
For the next three hours they comforted themselves believing the beloved patriarch was getting the help he needed before an investigator belatedly revealed that James, a grandfather of eight, was laying dead in the morgue.
James Dellea, pictured with his wife Melissa Simmons, was shot dead by police during a welfare check in Saratoga Springs, New York in September
Bodycam footage shows the moment officers surround Delleas car with guns drawn, ordering him to get out of his vehicle with his hands up. Alleged shooter, State Trooper Brian Rudolph, who was off duty at the time, can be seen right dressed in plain clothes pointing his weapon
They plain out lied to us and told us that he was in custody and was OK, his shattered widow, Melissa Simmons, 48, told DailyMail.com.
When they finally told me he was gone, I didnt know who to believe. I was in pieces. It wasnt until I saw his body with my own eyes that I could accept he was dead.
They inflicted even more emotional damage by lying to us. I honestly think they were buying time to come up with a story.
Melissa says she was barely told anything about her husbands death and only discovered it was an officer involved shooting when her eight-year-old granddaughter saw it on the news.
The Office of the New York State Attorney General has launched an investigation into the slaying and alleged shooter Brian Rudolph - a 23-year law enforcement veteran - remains on voluntary paid leave.
Rudolph had just finished his shift but got involved because he was riding in the car of an on-duty colleague who raced to the scene, according to the NYSP.
Bodycam video made public by the state attorneys Office of Special Investigation captures the moment troopers surrounded James with guns drawn, ordering him to get out of his vehicle with his hands up.
As four or more uniformed officers advance towards him James begins to cry out and bang violently on the drivers side window.
A trooper approaching from the passenger side warns: Is there a rifle in there? Theres a gun right on this passenger side, someone break that window open.
The Office of the New York State Attorney General has since launched an investigation into the slaying and alleged shooter Brian Rudolph (circled) - a 23-year law enforcement veteran - who remains on voluntary paid leave
The chaotic footage shows a trooper approaching from the passenger side and spotting Delleas rifle before instructing someone to break that window open
As the butt pokes through the open window Rudolph, stood just a few yards away, advances and fires three times into the front passenger window, killing Dellea
In a chaotic sequence of events lasting mere seconds, the drivers window first shatters before the butt of the shotgun comes crashing through the front passenger window.
As the butt pokes through the open window Rudolph, standing just a few yards away, advances and fires three times into the front passenger window, killing James.
The near-five-minute clip compiled from two different bodycam devices ends with calls of shots fired and an officer retrieving the firearm.
After viewing the tape, Melissa and her children Samantha, 30, James, 27, Taylor, 26, and Rachel, 25, are convinced the shooting was unlawful.
If he had gotten out of the car and brandished the weapon and made the cop fear for his life this would have been so much easier to accept, Melissa reflected.
But this man walked up to James almost like he was hunting him or trying to play the hero.
The gun was never pointed at anyone. Nobody else was in danger. They could have left him alone and let him calm down.
She called for Rudolph to be arrested and put on trial for murder - adding: I do feel that my husbands death would have been publicized a lot more and handled differently if this was a Black Lives Matter situation.
We have lost such a big part of our lives and we would hate for someone else to lose what we have lost.
Samantha said her dad, a mechanic and stock car racer, was big-hearted, generous and a pillar of the community in his hometown of Hillsdale.
Dellea suffered from depression and had expressed feeling suicidal and overwhelmed days earlier (left) to his wife. He had sent his wife texts over the course of the morning of September 11 (right) to warn that his mood was spiraling and he was feeling suicidal
The butt of the rifle can be seen poking out after crashing through the front passenger window
According to police, when officers first arrived Dellea refused to get out of his vehicle and drove three-and-a-half miles up Route 9 at low speed before pulling into a church parking lot, where pursuing officers surrounded his car
She says state troopers treated him like a criminal instead of someone suffering a mental health crisis – and wonders whether the off-duty shooter was even briefed beforehand.
They rushed at him, yelled at him, they pointed their guns at him, Samantha added.
Anybody that knows anything about mental illness, knows that you dont yell and scream at someone who is already in a full-blown panic.
James had battled bouts of severe depression in the leadup to the shooting after his parents, brother, sister and an infant grandson had all died in the prior two years.
He left for work early on September 11 but contacted Melissa over the course of the morning to warn that his mood was spiraling and he was feeling suicidal.
Melissa began searching for him but, by then, James had collected a shotgun and visited a gun store to buy ammunition.
Petrified for the safety of her common-law husband of 33 years, she dialed 911 to beg for help, relaying Jamess increasingly despairing texts to the dispatcher as troopers looked for him.
He was begging me to be strong enough to be with him when he died. He wanted me to FaceTime him so he didnt die alone. He was a mess, Melissa recalled.
I told the dispatcher; please tell the cops he has a gun. But I also said he will not harm anyone else, hes not that sort of person.
Troopers spotted James in the parking lot of the Albany Saratoga Speedway in Malta, New York, after Melissa predicted that he would gravitate toward one of his favorite places.
According to police, he refused to get out of his vehicle and drove three-and-a-half miles up Route 9 at low speed before pulling into a church parking lot in Saratoga Springs, where pursuing officers surrounded his car.
Delleas family are convinced the shooting was unlawful. From left to right: Delleas wife Melissa, daughter Taylor, 26, granddaughter Ellie (in front), daughter Samantha, 30, (middle) and Rachel, 25
Dellea, pictured with his grandchildren, had battled bouts of severe depression in the leadup to the shooting after experiencing a lot of loss
The 3:55pm encounter ended without bloodshed when James was arrested and taken to an area hospital – or so Melissa claims she was initially told.
She had been waiting for three hours to give a statement at the police department when a hysterical Taylor rang to say that a family friend believed her dad was dead.
Melissa confronted an investigator who confirmed her fears and blamed the delay on having to identify Jamess body – an explanation the family arent buying.
They knew where his wallet was, where his license was, they had every bit of information they needed. They called out his name in the bodycam video, Melissa said.
It was another month until the family were permitted to view the footage that was made public late Wednesday.
They remain paralyzed by the lack of answers.
They kept saying they couldnt tell us anything because everything was under investigation yet his name and everything was released to the public before we even had any information, protested Taylor.
It was a wellness check. We contacted them to locate my father and get him the help he needed. Instead of doing that, they took my father from me.
The shot to the back of the head killed him but this officer proceeded to shoot him two more times. He murdered my father.
The family have retained attorney William Beslow who told DailyMail.com they are considering a civil suit against the NYSP for inflicting emotional distress.
The department said in a statement that troopers were trying to interview James when he failed to follow lawful commands to exit his vehicle and fled the scene.
After a low speed vehicle pursuit he again refused to exit his vehicle despite numerous commands to do so.
The statement concluded: Dellea brandished a firearm, at which time one of the Troopers fired his weapon, fatally striking him.
Beslow told DailyMail.com: They misled [Melissa]. They told her point-blank her husband was alive. To call that false hope is an understatement.
What could be more ugly than telling someone their husband was alive when he was dead.