Posted at: 10/16/2013 12:59 PM
| Updated at: 10/16/2013 5:42 PM
By: WNYT Staff
Albany County D.A.'s Office
ALBANY - Edward Tubbs, 22, was in and out of an Albany County courtroom for his sentencing on a sexual abuse plea deal. He'll be spending the next 4 years in prison for molesting a six year-old boy.
"This is the resolution that we though was just. It accomplished several things," said Albany County District Attorney David Soares.
Saores said for starters, Tubbs is going away. He said it also spares the young victim from testifying in open court. The boy was on a kindergarten field trip to the New York State Museum back in June when the abuse happened in a restroom. Police say the boy's mother was waiting outside the bathroom at the time.
Tubbs would have faced 2 and a 1/3 to seven years in prison had the case gone to trial. His attorney Mark Myers said any form of prison sentence is not going to resolve his client's problems.
"He does have some issues that need to be addressed. He has issues that date back to his childhood," Myers said.
Myers said it's fair to say Tubbs is developmentally disabled even though he was examined and found competent to stay on trial. But he says generally speaking in cases like this, past abuses come into play.
"I'm not making excuses for his conduct. he accepted responsibility for everything he did. He stood up and said I did it," Myers said.
Tubbs is also facing charges in Troy. police say he forcibly touched a 4 year-old boy in a home back in March. He's due court tomorrow for two misdemeanor charges. Soares said it's important Tubbs was caught now with Halloween just around the corner. Still, parents have to be vigilant.
"They should go through offender watch to see where the sex offenders are residing in. Just be mindful if you're trick or treating in a public place, this is always a possibility," Soares said.
Tubbs has to register as a sex offender once he's released from state prison. His sentence will be followed by 10 years of post release supervision.