JOHNSTOWN – Former Fulton County Sheriff’s Department Corrections Officer Eric D. Sweet pleaded guilty to misdemeanor official misconduct as part of a plea arrangement instead of the felony he faced.
Sweet, 47, of 347 W. State St. Ext., town of Johnstown, was offered a plea arrangement in City Court on March 13 and was given three weeks to consider taking the deal.
Fulton County District Attorney Chad Brown said Tuesday that Sweet pleaded guilty to misdemeanor official misconduct instead of the felony count of making a terroristic threat he was originally charged with. Sweet’s case was adjourned for sentencing until May 24, which could include fines as per the plea arrangement.
The date that Sweet entered his guilty plea was not immediately available at press time.
According to a news release issued by Fulton County Sheriff Richard Giardino last November, Sweet was charged after making terrorist threats and allegedly stating he was going to shoot both Fulton County Jail staff and inmates. Sweet was arrested after an investigation based on remarks he had made at the jail on Route 29 at Harrison Street.
That release said Sweet admitted making the statements, “saying that it was a joke and he was venting.”
After missing two scheduled City Court appearances, Sweet appeared on the morning of March 13 with his counsel, Gloversville attorney Michael Albanese.
Joined in front of the bench by Brown, Sweet was told by City Court Judge Michael C. Viscosi that a plea was in the works in which he would plead guilty to one misdemeanor count of official misconduct, instead of the felony.
Viscosi told Sweet that by pleading guilty to official misconduct, he could face fines and a surcharge as part of the plea arrangement.
The judge told Sweet he would give him three weeks, until 9 a.m. Tuesday to reappear in City Court to decide whether to accept the deal.
According to the New York State Penal Law, a public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit: “He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or he knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.”
Giardino clarified last month that Sweet is no longer employed by the Fulton County Sheriff’s Department. He said that Sweet — who has no prior criminal record — was separated from sheriff’s employment “two weeks after the incident” last fall that got him arrested.
When asked last month how the department feels as alleged “victim’s” of Sweet’s actions, Giardino said he hoped an order of protection prohibiting Sweet from appearing at the Fulton County Jail, or even parking in its parking lot, would be included in the plea arrangement.
The release issued by the sheriff at the time of the incident indicated: “Sweet stated he would go into the facilities Control Room, get a secured weapon and shoot the control officer. Sweet stated that he would lock down the facility, and then shoot the lieutenant. The officer then stated he would then drag the captain through the facility, making the captain watch as he shot both the inmates and his fellow corrections officers.”
Source: http://www.leaderherald.com/news/local-news/2018/04/sweet-takes-deal/