Gloversville burglary death case adjourned to December

Police were called to an apartment at 22 East Pine St. in Gloversville at around 11 p.m. Monday for a report of shots fired. Police found Robert W. Phillips, 34, of Gloversville, shot dead in an upstairs apartment.

Jeremy Potter appeared in Gloversville City Court Wednesday surrounded by supporters and his lawyer in connection with what police said was a home invasion attempt that resulted in a man’s death.

Potter previously pleaded not guilty to two weapons charges stemming from the incident. His appearance Wednesday resulted in the case being adjourned to Dec. 14.

Potter, 26, and his lawyer, Andrew DeLuca, declined to comment after the appearance.

Police said that, at 11 p.m. on Nov. 14, two men, one of whom was Robert W. Phillips, 34, of Gloversville, entered Potter’s upstairs apartment at 22 East Pine St. intending to burglarize the residence. Police also said the men were armed with a “simulated pistol.”

Potter was sleeping at the time of the break-in, police said.

“Once they entered the apartment, Phillips approached a sleeping Potter, and an altercation ensued between the two after Potter introduced a revolver,” said the Gloversville Police Department in a prepared statement released last week. “During the altercation, the revolver was fired and Phillips fell to the floor.”

Police who responded to a report of shots fired at the residence found Phillips dead from a gunshot wound.

Authorities did not charge Potter in connection with Phillips’ death, but the revolver that killed Phillips was reported stolen in Montgomery County in October. Potter was charged with one count of fourth degree criminal possession of stolen property, a felony, and one count of criminal possession of a weapon, a misdemeanor. He made bail soon after his arrest and later pleaded not guilty to the charges.

Phllips’ alleged accomplice, Gary M. Terry, 22, of Gloversville, fled but later turned himself in to police.

Court documents identify the gun as a .22 caliber revolver.

Terry turned himself in to police on Nov. 15 and was charged with first-degree burglary and first-degree attempted robbery, both felonies. Court records show he pleaded not guilty to the charges but remains in custody in Fulton County Jail.

Terry is due back in court on Dec. 14.

Reach Gazette reporter Daniel Fitzsimmons at 852-9605, [email protected] or @DanFitzsimmons on Twitter.