Suffolk OKs $2.1 million settlement with family of man killed by police while wielding swords inside East Northport home
Alan Weber, 54, was fatally shot while holding a sword in each hand by police in his East Northport home. This framegrab is from an officer's body-cam video, moments before Weber was shot. Credit: New York Attorney General
Suffolk County lawmakers agreed to pay $2.1 million to settle a federal lawsuit filed by the family of an East Northport man fatally shot by police in the basement of his home in 2023.
Alan Weber, 54, was fatally shot while holding a sword in each hand, according to prior reports. Weber, who had been an elite fencer in the 1990s, suffered from a long history of mental illness, according to the complaint filed in December 2024 in U.S. District Court for the Eastern District of New York.
Attorney Nicholas Warywoda of Melville, who represented the Weber estate, said that a lack of proper training allowed the situation to “spiral out of control” and police failed to follow proper procedure.
“Although this doesn’t bring him back, we’re happy that we got some form of justice for them,” he said in an interview.
Weber’s estate — his wife Geraldine and two children — had sought $25 million when the lawsuit was filed.
In a statement, County Attorney Chris Clayton said: "This case was a tragedy for all involved. The county entered into this settlement without any admission of wrongdoing."
Legis. Chad Lennon (C-Rocky Point), chairman of the Ways and Means Committee, announced the settlement at the conclusion of Thursday’s meeting along with three separate settlements the county reached, which total $725,000.
New York Attorney General Letitia James’ Office of Special Investigation released a report in August 2025 that said no criminal charges would be filed against the officers, Sergio Vigario and Claudio Barrios, for the fatal confrontation with Weber. The investigation, required by state law, “concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s actions were justified under New York law.”
The complaint alleged police entered the home without consent and there were no “signs of emergency” or “signs of criminal activity.”
“He was the only one present in the house and [the officers] just acted too quickly without thinking and following their own policies and procedures,” Warywoda said.
The AG’s report said police received a 911 call just before 7 p.m. on Oct. 10, 2023, saying Weber was arguing with a neighbor and "going through mental health issues." A second 911 call later that day brought officers to the house at 8:42 p.m. because Weber appeared to be breaking things in the house and yelling. Arriving officers saw Weber through a window and told him to open the door, according to the report. He did not and an officer kicked the front door open, the report said.
One officer discharged his Taser twice when Weber — who was wearing a fencing mask — did not put the swords down, according to the report, which includes bodycam video from both officers. Weber charged at the officers, at which point they fired their guns.
The settlement requires final approval from a judge. Lawmakers earlier this year approved a $3 million settlement to the estate of Walter Kellogg, who also struggled with mental health issues, and was fatally shot by police in December 2018.
The AG report outlined three recommendations, starting with required crisis intervention training for all officers. While both officers had completed the training in 2022, the program was not mandatory, the report said.
A second recommendation was for officers to call for backup of specially trained emergency service officers when those on scene determine the person in crisis does not pose an immediate threat to others. The final recommendation was for officers to call the DASH Intensive Crisis Stabilization Center hotline operated by Family Service League in cases when a person is not a threat to others.
The report said a collaborative approach "combines the officer’s experience handling potentially violent situations with the mental health clinician’s skill in evaluation and engagement with people in crisis."
Joe Werkmeister joined Newsday in 2022 and covers Suffolk County government and politics. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.
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