TROY — The veteran leader of the Troy Police Department’s drug unit was indicted by a special Rensselaer County grand jury Thursday on nine misdemeanor charges tied to the alleged forgery of an incident report to cover up the unit’s warrantless search of a home.
Sgt. Ron Epstein pleaded not guilty to the charges, which include official misconduct, falsification of records, offering a false instrument for filing and other offenses that carry a maximum penalty of a year in jail. Epstein joined the department in 1998 and was promoted to sergeant in 2007.
The grand jury investigating the drug unit handed up a sealed indictment to State Supreme Court Justice Richard McNally that was later opened shortly afterward when Epstein appeared in court. Epstein was released on his own recognizance and the case transferred to County Court Judge Debra Young. The grand jury’s term was extended several weeks ago in order to complete its investigation.
The grand jury investigated whether a false burglary report was filed in an attempt to cover up entering a home at 112 Oakwood Ave. on June 9 without a search warrant.
“I have been involved with the Troy Police Department off and on for 25 years. The vast majority of Troy Police Department officers are honest individuals,” said Columbia County District Attorney Paul Czajka, who is serving as a special prosecutor for the case.
Czajka was assigned to the case after Rensselaer County District Attorney Joel Abelove recused his office from the case. The city requested the State Police investigate.
The drug unit, officially known as the Firearms Interdiction and Narcotics Suppression (FINS) unit, went to the residence on a tip from another Capital Region police agency, according to the sources who were provided information on the case but are not authorized to speak about it.
The alleged coverup resulted in a “fractious argument” among the members of drug unit, officials familiar with the investigation said when it was launched in June. The entire unit was placed on administrative leave with pay after police department leaders learned of the incident.
The case caused strains within the department as two officers at the scene of the warrantless entry reported what occurred.
“The city will not be commenting at this time pending notification of conclusion of the investigation by the New York State Police,” said John Salka, a spokesman for Mayor Patrick Madden.
The nine-count indictment lays out what happened when the detectives were at the Oakwood Avenue residence. A key point in the indictment is when the incident report filed by Epstein alleges a previous burglary occurred at the residence. The indictment said Epstein “with intent to conceal his unauthorized and unlawful entry into 112 Oakwod Avenue, Troy, New York did make a false entry…” in the police report.
The indictment quotes from the incident report emphasizing that Epstein reported that at the residence the “door seemed to open easily” and “The fact that the door had opened easily without force a ET (evidence technician) was called to the scene in case previous burglary had taken place and the tenant was unaware.”
Epstein was indicted on two counts of second-degree falsifying business records. The first count dealt with allegedly covering up the reason for entering the residence, while the second was for not including in the report that police had found cocaine.
The other seven counts include fourth-degree criminal mischief for damaging an exterior door to the residence; second-degree criminal trespass for going inside the dwelling; fourth-degree criminal facilitation for not seizing more than one-eighth of an ounce of cocaine from the residence; official misconduct for not seizing the cocaine; official misconduct for proposing the drug unit file a false report to cover up its illegal entry; second-degree offering a false instrument for filing; and official misconduct for offering overtime to another police officer to coverup what happened.
Epstein declined to comment following his arraignment, referring questions to his attorney, Shane Hug.
“I’ve know Ron Epstein for 10 years. He is the definition of a good cop,” Hug siad.
As a prosecutor, Hug said he knew Epstein to be hard working and honest. He said the sergeant has dedicated 20 years of his life to protecting the Troy community.
The police department suspended the operations of the FINS unit and turned to the State Police and the Rensselaer County Sheriff’s Office to conduct drug investigations in the city.
The police department did not respond for a request for comment on Epstein’s case. Generally when a police officer is charged with a crime, the department suspends the officer for 30 days without pay.
During the arraignment McNally and Czajka had a tense exchange over whether the special prosecutor had asserted in chambers that the judge had prejudged the case. McNally said he took exception to this and Czajka withdrew his comments.
– By Kenneth C. Crowe II, Times Union, Albany, N.Y.
“…..“I’ve know Ron Epstein for 10 years. He is the definition of a good cop,” Hug said…..”
Thanks for the warning. If he’s a “good cop”, I guess you’re implying that the rest of them are worse, and falsifying records to raid someone’s house is standard operating procedure.
He can’t POSSIBLY be a ‘good cop’, JR.
He ain’t dead yet.