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Cop demoted, won't lose job


Cop demoted, won't lose job

Suspended Schenectady sergeant pleads guilty to DWI in hit-and-run crash

BETHLEHEM — A suspended Schenectady sergeant will be demoted but will keep his job after pleading guilty Tuesday to driving while intoxicated in an off-duty hit-and-run accident, according to individuals familiar with the case.

Sgt. William Fennell admitted to the misdemeanor before Bethlehem Town Justice Ryan Donovan.

Fennell's driver's license will remain revoked for six months, and for a year he will have to blow into an ignition-locking device before he starts his car to ensure he has not had too much to drink. Fennell may not drive his truck for the year because the order for the ignition lock applies to only one vehicle. After his license is reinstated, Fennell will return to work as a patrolman and be allowed to drive a police vehicle because city officials consented to waiving the ignition-lock stipulation, according to people familiar with the situation.

Assistant Albany County District Attorney Renee Merges said the DWI conviction is a "policy disposition." "When you refuse a Breathalyzer test, you do not get the benefit of a reduced offer," Merges said.

The police department issued a statement that Fennell will remain on unpaid leave while his license is revoked. An internal affairs investigation is under way.

Fennell's attorney, Kevin O'Brien, said he expects his client, who is 39 and has 11 years on the force, will be able to resume his career in law enforcement.

"It places no barriers for him to go back to work," Kevin O'Brien said of the sentence, adding that Fennell has learned from his mistake and spoke with police recruits at the academy about the perils of drinking and driving.

"He's nothing but a standup guy who made a mistake, and deserves a second chance."

Police Chief Mark Chaires said officials hope to soon resolve the issues regarding Fennell's return to his job. "We are in discussions, the mayor, Commissioner (Wayne) Bennett and myself, with the union regarding his future with the agency," Chaires said.

In the past, the department has fired officers for similar offenses in its efforts to restore public confidence in the police.

In August, Fennell was one of three officers who fired his weapon in the fatal shooting of Luis Rivera, an armed suspect in a police pursuit. Fennell was cleared of wrongdoing.