Prison term likely for former
police officer and chief's son for vehicular manslaughter
By Bob Gardinier
TROY – Former police officer
Mark Fusco, the Rensselaer police chief's son, is scheduled to enter a guilty
plea Friday to charges he was driving drunk last year when he crashed his car
into a tree in East Greenbush, killing a friend.
Fusco, who is the son of Chief
Rick Fusco, and his attorney Peter Moschetti will appear Friday before county
Judge Debra Young. Fusco is expected to plead guilty to first-degree vehicular
manslaughter and will be sentenced to state prison time, according to sources
close to the case.
The charge carries a potential
sentence of up to 15 years in prison. The term of incarceration Fusco will
receive — after a plea deal that has been discussed with Young for several
months — was not released.
Fusco's case did not go to a
grand jury so he would first have to be arraigned on county charges brought by
the district attorney's office before he accepts any plea.
The case is on Young's calendar
for sentencing Friday, meaning it will be wrapped up with one court appearance.
Fusco, who joined the city
police department in August 2012, allegedly registered a .20 percent blood
alcohol content. The legal limit for driving while intoxicated is .08 percent.
Fusco was charged with
aggravated vehicular homicide, second-degree manslaughter, aggravated driving
while intoxicated and aggravated vehicular homicide after the March 13, 2013
crash.
Sean M. Murphy, 22, of
Slingerlands was killed.
Murphy and Fusco, then 22 years
old, were traveling on Third Avenue Extension in East Greenbush, just outside
the city of Rensselaer, at 5 a.m., according to the town police.
Fusco was driving a Volkswagen
sedan with Murphy as a passenger when the car went off the road on a curve and
hit a tree, police said. Murphy was a senior at Union College.
Fusco was hospitalized after
the accident.
Police said at the time that
the pair of close friends went out that night to a couple of bars but took cabs
and did not drive. For some reason, Fusco decided to drive at the end of the
night, officials said. Sources said at the time of the crash that one of the
men may have realized they left their wallet in the cab that dropped them off
at home, jumped in Fusco's car and tried to catch up with the driver.
Mayor Dan Dwyer has said that
Fusco was removed from the force but refused to give details of his departure.
Officials said it was a personnel matter and declined to discuss it.
The case is being prosecuted by
Assistant District Attorney Michael Shanley.