GLENVILLE -- A former
Schenectady police officer was sentenced Tuesday for two misdemeanors stemming
from a “road rage” incident last year where he allegedly pointed his gun at a
family.
John Hotaling accepted a plea
deal requiring him to serve six months of probation, perform 25 hours of
community service and undergo anger management. He also must surrender any
firearms for six months and may reapply for a permit next year.
Hotaling maintained he never
pulled out his weapon. In court, the district attorney’s office also cited a
lack of factual evidence. Hotaling declined to comment after court and referred
CBS 6 to his attorney.
“Had we gone forward on the
criminal side, I don't think they would have been able to secure a conviction
beyond a reasonable doubt,” said Andrew Safranko, Hotaling’s attorney.
Under the terms of the deal,
Hotaling must resign or retire from the force. Safranko said Hotaling had
already put in his retirement papers effective June 30. Hotaling will still
receive his pension for the 20 years he served the department. The court does
not have the power to take away pension.
“He was a very good police
officer for 20 years. He was an impeccable police officer and he certainly
never intended on retire at the 20 year mark,” said Safranko. “He wanted to
retire 10 or so years [later].”
Safranko initially said after
six months Hotaling could potentially work for another police department, but
District Attorney Jim Murphy said it would not be possible under the terms of
the deal.
The victim in the case, Jeffrey
Arnow, attempted to address the court before the plea deal was accepted, but
was denied. Arnow said he wanted the judge to reject the deal.
“It's ridiculous. What can I
say?” said Arnow. “Justice has not been served. The common person was let down
again. Once again we have a police officer walking away from what was wrong.”
