Man ‘spared’ by Schenectady police sentenced to 40 to life

PHOTOGRAPHER: Steven Cook

Addressing defendant Adrian Parbhudial directly, city police Officer Thomas Kelly on Monday recounted an officer’s duty to protect life, property and the constitutional rights of residents.

That duty, Kelly noted, even extended to Parbhudial, the man who fired a shotgun at raiding city police officers. The shot hit Kelly in the chest, his body armor saving him from serious injury.

“Adrian Parbhudial,” Kelly told the court, “you committed such a heinous act in attempting to kill police officers, whose very professionalism and commitment to such important tasks, saved you from yourself.”

Parbhudial, 25, surrendered without the raiding officers returning fire.

“Anyone who attempts to harm or has harmed a public servant needs to be held accountable to the highest standards,” Kelly told the court in concluding his statement, still addressing Parbhudial. “The message needs to be sent to anyone that threatens a public servant, including yourself, that this behavior will not be tolerated.”

Acting County Court Judge Richard Giardino gave Parbhudial that message by sentencing him to the maximum of 40 years to life in state prison.

“The police in my estimate of the facts exercised restraint above and beyond what was necessary,” Giardino told Parbhudial. “It’s amazing, not only that you didn’t get killed, it’s amazing the restraint that they used when one of their officers was clearly struck, in sparing your life.”

Giardino said the sentence reflected the crime that Parbhudial was convicted of, not the murder that was the reason for the raid. Parbhudial was not charged in the murder; his relatives were.

“I believe that the maximum sentence is appropriate, because I believe that you were shooting at police officers,” Giardino told Parbhudial, “and I believe the police officers represent the rest of us — and you. They stand between chaos and the community.”

Parbhudial was convicted in February after three weeks of testimony and five hours of deliberation. A Schenectady County Court jury found he knew or should have known that the individuals he fired upon were police officers.

The jury found Parbhudial guilty of aggravated attempted murder, along with criminal possession of a weapon, reckless endangerment and hindering prosecution counts.

The sentence on the hindering count could have run consecutively to the attempted murder one, tacking on another seven years, but Giardino decided Parbhudial would serve both sentences at the same time.

Parbhudial fired on the officers with a shotgun from a hidden stairway in his home as police raided the building looking for evidence in a murder investigation on Feb. 21, 2010.

Two officers were hit with No. 8 birdshot. Police equipment, including body armor, prevented serious injury. The shot went through a pouch on Detective Jeremy Pace’s equipment belt, striking Kelly in the chest. Pace was present for Monday’s sentencing but did not make a statement.

Police raided the Parbhudial home at 935 Maple Ave. the day after Ganesh Ramgoolam was gunned down near the home.

Charged in Ramgoolam’s killing were four members of Parbhudial’s family.

Parbhudial’s attorney, Roy Nestler, argued at trial that his client didn’t know those invading the home were police until after he fired.

Nestler and Parbhudial continued that argument Monday.

“I would just like to apologize to Officer Kelly and Officer Pace,” Parbhudial told the court. “I didn’t know they were police officers. I hope that one day they will find it in their heart to forgive me.”

With Monday’s sentence, Parbhudial, 24 at the time of his arrest, is expected to be 64 years old before he even reaches the parole board. Also, as a non-citizen, if he is ever released, he faces deportation back to his native Guyana.

Nestler pointed to the apparent inequity between Parbhudial’s potential sentence and the sentences of those who were directly involved in the underlying killing of Ramgoolam. The most serious sentence handed out there, based on a plea deal, was 18 years to life.

“The man killed nobody, he killed nobody,” Nestler told the court. “Yes he shot at the police officers. I don’t condone that. He doesn’t condone that.”

An appeal is expected.

Prosecutor Philip Mueller argued that the proof at trial showed not only that Parbhudial should have known they were police, but that he knew very well whom he was firing at.

Mueller also attempted to address concerns raised by Giardino comparing the sentences in the murder case with what Parbhudial faced for shooting at the officers.

Three of those charged in the murder eventually pled down to gang assault, getting between five and 10 years. The man who fired the fatal shots got 18 years to life.

Mueller addressed the surface disparities, noting the sentences in the murder were off plea deals.

“An assault on a police officer is not limited to that police officer,” Mueller told the court. “An assault on a police officer is an assault on the safety of an entire community because of the job that they are required to do.”