Investigation Of Murder Suspect's Death BeginsMARLENE AIG , Associated Press
Apr. 29, 1985 10:16 PM ET
POUGHKEEPSIE, N.Y. (AP) _ An investigation into the death of murder suspect Alex Mengel began Monday, three days after he was shot by a state trooper, while Mengel's brother said he was considering legal action against police.
Mengel, 30, who was killed Friday night while being returned to Westchester County jail after his arraignment, had been accused of murdering a policeman and with murdering a woman, scalping her and using her hair as a disguise when he fled to Canada.
Dutchess County District Attorney William Grady said he planned to present the case to a grand jury May 7, explaining that cases involving deadly force by a police officer are subject to grand jury review in Dutchess County. A state police internal affairs unit in Albany is conducting a internal probe.
''I can't understand how they can kill someone with his hands tied,'' said Mengel's brother Gustav. He said he was contemplating legal action against state police, adding, ''I have a lawyer working it.'' He would not identify the lawyer.
Mengel ''was in control of the weapon'' belonging to Senior Investigator Godfried Grunwald, who was sitting next to him in an unmarked car Friday night, said Maj. Stanley Hook, commanding officer of Grunwald and Senior Investigator Robert Stabile, who was also in the car with Mengel.
Mengel allegedly was trying to point the gun at Stabile when Stabile fired a single shot into Mengel's head, Hook said.
''There is no evidence that they did anything improperly,'' Hook said.
Hook said Mengel's hands were cuffed and chained to his waist when he apparently lunged for Grunwald's gun.
Mengel allegedly bit Grunwald during a struggle and Stabile pulled over to the side of the road and fired his .357 Magnum service revolver.
Both state police were back on regular duty Monday.
Mengel was charged with the murder of Westchester County Police Officer Gary Stymiloski, 27, of Yonkers, on Feb. 24, who was shot to death after he stopped Mengel for a minor traffic violation.
Mengel was also charged with the death of Beverly Capone, 44, who was last seen leaving the IBM facility in Dobbs Ferry, where she worked, at about 7:45 p.m. on Feb. 25, some 24 hours after Stymiloski was found dying in his patrol car on a Yonkers street.
Mengel was arrested in Toronto March 2 with Mrs. Capone's 1985 white Toyota and the full scalp of a woman in the front seat.