The Vandenberg Cop and Chase Case

To begin with, Mark says this: "
This young defendant evidently has a serious problem with alcohol, and anger, and absolutely no ability to control his behavior in the way we need him to in order to keep folks safe. Everyone knows that I stand for giving our young people some leeway when they act foolishly and don't cause any serious harm. This is different. From what I know of this case, he tried to run down a uniformed police officer. That, alone, for me destroys any claim to leniency he may make. On top of that, we are also fortunate that no one was killed or injured during the chase through our towns that he led, drunk - we could easily have lost a pedestrian, another motorist, or a police officer giving chase. They lost a trooper up in Onondaga County a few years ago during such a chase. That defendant is now in state prison. This one should be too."

A man driving drunk led Cortland police agencies on a chase through four towns and the City.

At one point, while cornered, the perpetrator attempted to drive his vehicle into Cortland Police Officer Jesse Abbott, who fired four shots at the suspect in the vehicle.

Amazingly, Mr. Hartnett neglected to indict this case for so long that the defense attorney argued that the DA had waited too long, and that the indictment should be dismissed.

When the County Court Judge rejected that argument, and the case remained alive and ready for trial, Mr. Hartnett made a deal, allowing the defendant to plea to non-violent felony charges that did not acknowledge the attempt to injure or kill Officer Abbott. In addition, there is no guarantee that the defendant will go to state prison.

This case demonstrates Mr. Hartnett's lack of good judgment, in terms of his recklessness in ignoring simple legal guidelines of timeliness, and especially in terms of his pleading the case out.

MARK SUBEN WOULD have, as District Attorney, indicted this case immediately, and presented the defense attorney with the alternative of pleading to the top charges involving the attempt on the police officer's life and safety, with mandatory state prison, or going to trial.
That would have left the defendant dealing with the judge about how long he would spend in state prison.
 
This is a case that should never have been pled away, particularly without acknowledging the threat to the police officer and guaranteeing state prison for the defendant. Our law enforcement officers, who put their lives on the line for the public everyday, deserve better. The handling of this case by the DA is unacceptable in every way.