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Rensselaer cop, DA negotiating plea agreement in fatal accident

Updated: 10/03/2013 5:32 PM
Created: 10/03/2013 5:23 PM WNYT.com
By: Abigail Bleck

RENSSELAER COUNTY -- The accident that killed Sean Murphy occurred last March on Route 151 in East Greenbush.  Now, seven months alter, the Rensselaer County district attorney reports that the case against the driver, Mark Fusco, will likely be resolved by way of a negotiated disposition, more commonly called a plea agreement.

"This case is pretty straight forward and we believe it will likely resolve.  If it doesn't we will proceed to grand jury and then to trial," explained District Attorney Richard McNally.

Fusco, a rookie Rensselaer police officer and son of the Rensselaer police chief, waived his right to a speedy trial, which gives both sides time to develop their cases.  Additionally, Fusco's injuries from the accident left him hospitalized for some time and, says McNally, likely also contributed to legal delays.

"If a person has medical issues, things of that nature -- witnesses or defendants -- that will put a case in a holding pattern," the district attorney said.

Fusco was charged with aggravated vehicular homicide, manslaughter and DWI.  At the time, he was suspended from the Rensselaer Police Department without pay.

"This defendant will be treated as any defendant in the same circumstances.  No one's getting any favoritism here," added McNally.

Another high profile fatal accident was just recently resolved in a plea agreement and that accident occurred ten months ago.

Dennis Drue, the young man who killed two Shenendehowa students and seriously injured another and a Shaker student, pleaded guilty just days before his trial was scheduled to begin.

Mark Fusco's attorney did not return NewsChannel 13's phone call for comment today.

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