HALFMOON — An Albany police officer was convicted of harassment and criminal mischief late Thursday in connection with a domestic incident that turned violent two years ago at his former girfriend's apartment.
Robert E. Schunk II, 40, of Albany was convicted of the charges, a violation and a misdemeanor, at the end of a four-day jury trial in Halfmoon Town Court. It's the second time in a year Schunk has faced trial for charges related to domestic violence.
He has been suspended for nearly two years as Albany police officials seek to fire him.
Schunk was acquitted on charges of criminal trespass and reckless endangerment. The latter charge was filed by Saratoga County sheriff's investigators who accused Schunk of nearly running over his former girlfriend, Barbara Waters, with a pickup truck.
The case was prosecuted by Saratoga County Assistant District Attorney Lyn Murphy. Schunk's attorney, Cheryl Coleman of Albany, could not be reached for comment.
Saratoga County District Attorney James A. Murphy III said his office will ask town Justice Lester Wormuth to sentence Schunk to a year in jail. It's unclear if the conviction, which relates to a domestic violence incident, will trigger a federal law that could prohibit Schunk from possessing a firearm.
"We've always believed this victim. ... She's extremely brave," Murphy said. "In this particular instance, the level of violence was shocking and criminal. No one should act like this, especially a police officer. We're going to ask for a year in jail. I don't think he should be a police officer."
Several Albany police officers, including Christian Mesley, a police union official, sat in the town courtroom while the jury listened to the attorney's closing arguments.
Schunk was not charged with assault by sheriff's deputies although Waters said he grabbed and kicked her, causing bruising and cuts, when he broke through the locked door of a bathroom where she was hiding. Waters told police the incident took place after Schunk had poured a drink over her head at a town bar in a fit of jealousy.
Neighbors who told police they often overheard the former couple arguing and fighting testified at the trial this week. Police reports obtained by the Times Union two years ago showed deputies and State Police had responded to Waters' residence several times for domestic incidents.
A year ago, an Albany County jury acquitted Schunk of assault for a violent incident in January 2009 at Schunk's Albany residence where he admitted pointing a loaded handgun at Waters but denied grinding his departmental weapon against her skull. Murphy also was the prosecutor in that case.
The allegations surfaced after police began investigating the 2010 incident in Halfmoon.
Waters faced arrest herself. The night police said Schunk attacked her in her Halfmoon apartment, Waters was arrested by Albany police after she drove to his residence and allegedly caused damage. She paid restitution and her case in Albany City Court was dismissed. Albany police initially charged her with a felony but prosecutors reduced it to a violation. Departmental officials characterized the felony charge as excessive.
A decision on Schunk's future as a police officer has been pending before a state administrative judge since last year.
Two weeks ago, Schunk was re-suspended without pay after Glenville police charged him with violating an order of protection for allegedly sending emails to Waters. That case is pending. Last year, Rotterdam police declined to file charges when Waters said she received an email from Schunk while an order of protection was pending in Halfmoon.
The departmental charges against Schunk include administrative allegations he solicited a drug-addicted prostitute he picked up in Albany in August 2010 while on suspension. Schunk said he was giving the woman a ride out of sympathy. The 23-year-old woman was carrying a hypodermic needle and empty bags that once contained heroin when a Colonie police officer found her and Schunk in his truck in a Kmart store parking lot at 2:30 a.m.
Schunk had withdrawn cash from an ATM shortly before the Colonie officer approached his pickup truck. The officer arrested the young woman after she gave a fake name and was found in possession of drug materials. Schunk was not charged.