Officer takes plea deal, resigns in assault case

City police Officer Luke Deer pleaded guilty to a misdemeanor and agreed to resign Wednesday as part of a plea deal for his conduct in an incident in which officers were accused of pummeling Black men at a First Street home in 2019.

Deer, joined by his attorney Michael Mcdermott in a virtual appearance before City Court Judge Holly Trexler, pleaded guilty to one count of thirddegree assault, a misdemeanor. Deer, 31, was the only officer arrested in connection with the incident.

As a result of the plea, Deer will immediately resign. Nothing in the agreement with prosecutors prevents Deer from seeking another job in law enforcement.

Deer’s sentencing will be adjourned for one year. If, by May 17, 2022, Deer continues to undergo treatment at a Veterans Administration hospital, he will be allowed to withdraw his plea and enter a plea to disorderly conduct, a violation akin to a traffic ticket.

Deer, a Marine who has served in both Afghanistan and Iraq, had been undergoing treatment related to his service, according to people familiar with the case.

Chief Assistant District Attorney David Rossi told the judge that there were “some difficulties in proof ” in the case against Deer and that prosecutors believed it was a “disposition that we think is the most fair.”

Rossi said he has not spoken to Armando Sanchez, the victim, or his attorney, but was made privy to discussions with Sanchez by internal affairs and Sanchez’s attorney early in the case.

“And the district attorney’s office feels this is the best possible course of action to take in this matter?,” the judge asked Rossi.

“Yes, your honor,” Rossi replied.

In his plea, Deer admitted that he “struck Sanchez with his fist, recklessly causing injury consisting of bruising and abrasions about the face and head,” according to court documents filed by Rossi, which included a supporting deposition of Sanchez’s April 3, 2019 statement to police.

Trexler told Deer if he were to abscond or stop undergoing treatment, she could toss the plea agreement and impose up to a year of jail under the conviction of third-degree assault.

Asked if he was pleading guilty because he was, in fact, guilty of third-degree assault, Deer told the judge: “Yes, ma’am.”

The court is expected to be updated on Deer’s treatment four times a year.

Deer was arrested weeks after the beatings. The case has languished in court for two years, delayed in part by the closure of courtrooms and curtailing of court action during the coronavirus pandemic.

Albany County District Attorney David Soares released a statement after Deer’s guilty plea.

“Our priority in resolving this case was to ensure that this officer could no longer police the streets of Albany,” he said. “I commend the chief of police for taking this seriously, and I look forward to continuing to work with him and his administration to make sure that breakdowns like the one that occurred on First Street don’t happen again.”

Deer, who joined the department in 2014, was accused of using a baton to strike Sanchez in the face and head in an unjustified attack. He was charged with felony assault and official misconduct, a misdemeanor.

On the night of the incident, officers responded to 523 First St. for reports of a loud party. Police arrested Sanchez and two other men, Lee Childs and Mario Gorostiza. Charges against them were dropped after a cellphone video showing the officers kicking Gorostiza was sent to police officials, which led to an investigation.

Sanchez, now 29, told police he paid four dollars to attend the party with his girlfriend and his sister. He had never before been inside the house, where 20 to 30 people were dancing, drinking and partying, according to Sanchez’s 2019 statement to police, which was included in Rossi’s court documents Wednesday.

Sanchez said he heard a loud bang and scuffle, then saw an officer use pepper spray in the living room and walk away. Sanchez told his sister and girlfriend to cover their faces with their shirts to avoid the spray. Officers yelled at people to leave the party, he told police.

While walking out the front door, an officer grabbed Sanchez and tried to push him up the street towards Ontario Street, Sanchez said. He said he wanted to go towards Quail Street, and said “don’t touch me.” He kept walking towards Quail Street. While in the street, with his hands in the air and asking “why are you touching me?” a different officer ran up and pushed Sanchez to the ground, he said.

“As I stood up, an officer was right in front of me and started hitting me in the face and head with his baton,” Sanchez told police. “This officer kept punching me and tackled me to the ground. While I was on the ground, the officer kept punching me in the face and head. The officer then hit me in the head with his baton while I was face down on the ground. I didn’t try to fight back and the whole time I kept my hands out to my side. At some point, an officer handcuffed me, picked me up and walked me to the police car.”

Sanchez told police he had serious pain in his face, eye and head and was bleeding from his left eye.

In January 2020, police moved to fire Deer, Officer Matthew Seeber and Officer Adam Iannacito. Seeber, among the first officers at the scene, kicked open the door to Childs’ apartment after Childs refused to let officers inside. Seeber shot pepper spray toward several people inside the residence.

Seeber faced internal discipline charges that he failed to file two use of force reports, failed to warn anyone before using the pepper spray, unlawfully forcing himself into Childs’ apartment and conduct unbecoming an officer.

An arbitrator, Robert J. Rabin, ruled in favor of Seeber, finding the department failed to provide enough evidence that Seeber acted improperly or against his training.

An internal Albany Police Department report on the beating of the men outside 523 First St. last year revealed misconduct by officers on the scene, as well as a more general breakdown in law enforcement management and leadership.

The case has cost the taxpayers money, too. The city quietly settled lawsuits over the summer with two men seen in videos being struck by police.

In a statement, Albany Police Chief Eric Hawkins said: “Today’s guilty plea is another step towards bringing closure to what was a painful incident in this community. Moving forward, we remain committed to working with our community to build meaningful relationships and enhance public safety. In addition, we will continue to always hold ourselves accountable and take the necessary actions to build trust, legitimacy and earn the public’s confidence in our department.”

Mayor Kathy Sheehan lauded Hawkins for the case against Deer. She said the city is committed to implementing recommendations, including measures to expedite disciplinary action and to enhance the power of the city’s independent Community Police Review Board

In a statement, the mayor said the plea “follows more than two years of demands for justice and accountability.”