First St. melee impacts plea deal

Prosecutors sought to adjourn; accused settles

Video depicting alleged police brutality against three men jammed up one unrelated criminal case, leading to a Schenectady man taking a plea deal.

Albany County prosecutors Friday afternoon sought to adjourn the trial of 25-year-old Javar Malloy to wait until the investigation into the alleged beating of the men on March 16 on First Street was complete, but Malloy decided to take a plea deal for five years in prison with five years of post supervision instead.

Two of the Albany officers who arrested Malloy – officers Jacob Sopchak and Matthew Seeber – were first on the scene of the March 16 melee that began with a noise complaint call at 523 First St.

“We ask the court for an adjournment mainly to avoid turning your trial into a litigation of what happened on First Street when that investigation is not yet complete,” said David Rossi, chief assistant in the district attorney’s office.

Malloy’s attorney, Shane Hug, wanted the trial to proceed Monday, but Albany County Judge Roger

Mcdonough was willing to grant the prosecutor’s request.

“We were not consenting to an adjournment because we wanted to move forward when this is fresh in the public’s minds,” Hug said of the violent video footage from the March 16 incident.

Malloy was charged with felony criminal possession of a weapon and misdemeanor resisting arrest after a chase with Albany police on July 5, 2018. However, Hug said the March 16 video footage called into question Seeber’s and Sopchak’s credibility.

Seeber is on suspension due to the incident, but isn’t facing charges. It’s unclear what Sopchak’s employment status is. Albany officials have refused to name the third person who was placed on leave.

Officer Luke Deer was charged with felony assault and misdemeanor official misconduct following department head review of the officers’ body camera footage from the confrontation. Deer is scheduled to appear in court Monday.

Mcdonough was unwilling to keep the plea deal offered by prosecutors for Malloy on the table if the trial was adjourned, Hug said, putting Malloy’s fate in jeopardy.

If Malloy was found guilty, it seemed likely Mcdonough would sentence Malloy to the maximum of 15 years in prison, Hug said. But additional information or possible charges against more officers in the March 16 incident could work in Malloy’s favor, Hug said.

Having viewed the body camera footage as well as the arrest reports for the three men arrested on on First Street– and whose charges were later dropped – Hug anticipated that Seeber and possibly Sopchak could face criminal or administrative charges.

Still further, Hug said the two officers turned off the audio on their body cameras during his client’s arrest.

Mcdonough pointed out that the deal Malloy was offered Friday was an improvement from previous negotiations where prosecutors were seeking 7 ½ years in prison.

“Just so we’re clear, the plea offer has not gotten worse, it’s actually gotten better,” he said.