SCHENECTADY
— Suspended Schenectady police Sgt. William Fennell pleaded guilty this morning
in Bethlehem Town Court to misdemeanor driving while intoxicated, court
officials said.
The
plea includes no probation time for the first-time drunk driving offender, but
it does carry a one-year revocation of his driver's license and the requirement
that he install an ignition interlock device on any car he has access to for
one year.
Fennell,
38, had already had his license officially revoked in December after a hearing
officer found enough evidence to determine that he refused a breath test in the
drunk driving case.
Still
open is the city police department's investigation into Fennell. Mayor Gary
McCarthy has indicated that the allegations, which included leaving the scene
of an accident and refusing the breath test, mean that Fennell may be
terminated.
City
Public Safety Commissioner Wayne Bennett said this morning that he wanted to
wait until he saw the formal court paperwork on Fennell's plea. But he also
said the internal investigation continues.
Also,
Bennett said, as long as Fennell can't drive, he can't be a police officer, or
be paid. He will be without pay until at least then with the final disposition
on his employment at the department to be determined.
Fennell
admitted in court that he drove drunk Nov. 6 in the town of Bethlehem. The plea
was in satisfaction of other charges, including leaving the scene of an
accident.
Fennell
was accused of crashing into another motorist, fleeing the scene, then running
off the road and crashing his car.
In
addition to the license revocation, Fennell must attend the state Department of
Motor Vehicles' drinking and driving program, along with a victim impact panel.
Though
Fennell can't drive, the interlock device will have to be installed on any car
he has access to. The device requires the driver to blow into it to ensure the
driver isn't drunk before the car can be started.
The
sentence is officially referred to as a conditional discharge. The drunk
driving conviction will stay on Fennell's criminal record.
Fennell
is an 11-year veteran of the Schenectady Police Department. The Selkirk
resident was one of three officers to open fire in August on a man police said
had a gun. They fired a total of 14 shots, killing Luis Rivera, 33. Authorities
have said the shooting appeared to be justified under department policies. That
case, though, is still awaiting a final grand jury determination.
Bethlehem
police were first alerted to Fennell the day of his arrest by an employee at
KT's Barnside Eatery on Route 9W. He had come in around 3:45 p.m. to pick up an
order and appeared intoxicated, Bethlehem police said.
The
officer responding to that call then witnessed the first accident, as Fennell
rear-ended a car at the intersection of routes 9W and 396, police said, only a
few hundred yards from the restaurant.
The
officer testified at Fennell's December breath test refusal hearing that the
accident he witnessed was actually the second collision Fennell had with the
same vehicle. The other driver indicated later that Fennell rear-ended the
vehicle, then apparently backed up and hit it again.
The
officer also watched as Fennell backed up, drove around the vehicle he'd just
rear-ended and fled west down Route 396.
The
officer checked on the other driver and then took off after Fennell at high
speed, ultimately finding him on Beaver Dam Road, where his car ran across a
lawn and crashed into a tree.
The
officer testified that he smelled alcohol as soon as the car door opened.
Inside the car was an unopened bottle of Jack Daniels. Fennell 's eyes were
glassy, his face was red and he was unsteady at points. He also gave no
response or little response to Cross' basic questions.
Fennell
did indicate, though, that he hadn't been drinking, the officer testified.
He
placed Fennell in the back of his patrol car and shut the door to wait for
additional officers.
With
the second officer arriving on the scene, Fennell refused two field sobriety
tests and an on-scene breath test.
At
the station, Fennell also refused a more comprehensive breath test, the officer
testified. The officer read a standard warning three times. Fennell refused all
three times, the second time saying "no, sorry," the officer
testified.