Not guilty plea entered in case of Duanesburg killings

Nelson Patino in handcuffs at Schenectady County Court, beside interpreter Sara Dowd, and attorney Stephen Rockmacher, of Schenectady, for his arraignment in Schenectady on Monday, February 15, 2022.
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Nelson Patino in handcuffs at Schenectady County Court, beside interpreter Sara Dowd, and attorney Stephen Rockmacher, of Schenectady, for his arraignment in Schenectady on Monday, February 15, 2022.

SCHENECTADY — A Duanesburg man accused of murdering his wife and 5-year-old son, along with injuring his 2-year-old son, pleaded not guilty to a series of criminal charges on Tuesday, including a top count of first-degree murder.

Nelson D. Patino, 47, was indicted last month on six charges for his alleged role in the Dec. 1 murder of his wife, Sor Alexandra Bustamante Gomez and 5-year-old son Jacob Patino, at their home on 6826 Duanesburg Road. 

The top count carries a possible maximum sentence of life in jail without parole. Patino has also been charged with two counts of murder in the second-degree, as well as as two attempted murder charges for allegedly trying to kill his youngest child, Anthony Patino.

Stephen Rockmacher, a lawyer for Patino, entered a not guilty plea on behalf of his client in Schenectady County Court.

Patino, who has been held at Schenectady County Jail since his arrest, appeared in court and followed the proceedings through a court appointed Spanish interpreter.

Judge Matthew Sypniewski ordered Patino be held at the jail at the end of the proceedings, though he told Rockmacher that he could file for his release in writing at a later date.

A number of Patino’s family members appeared in court. The relatives declined to comment.

Police and prosecutors say that Patino confessed to the crimes in a 911 call shortly after they were committed.

State Police said troopers responded to the residence at around 9:15 p.m. the night of the killings after receiving a call from a man — whom authorities later identified as Patino — who said he stabbed his family.

Three victims, later identified as Patino’s immediate family, were discovered at the scene.

The 5-year-old boy, Jacob Patino, a kindergartner at Duanesburg Elementary School, died at the scene. His mother was taken to Albany Medical Center, where she died of her wounds.

Rockmacher, on Tuesday, did not dispute the claim and confirmed that his client “said something to that effect.” He added that Patino has no recollection of the incident and “blurted” out the confession “in the heat of the moment.”

“We’re looking into the meaning behind those words,” Rockmacher said.

Prosecutors, who declined comment, have handed over all evidence to the defense for review and requested a DNA sample from Patino, which his lawyer agreed to.

The defense has until April 1 to file any motions, which prosecutors must respond to by April 15. A May 3 court date has been set to review any filings.

Anthony Patino, the 2-year-old boy who suffered stab wounds during the incident, is now living with family in Florida, according to Rockmacher.

He added that the family has “rallied around” the child and are close to an agreement that would allow the boy to stay in Florida but allow for visitation rights, a move Rockmacher said was in the best interest of the child.

“The entire Patino family is really rallying around this little guy,” he said. “It’s nice and refreshing to see something like that in light of the terrible circumstances they are faced with.”

Contact reporter Chad Arnold at: 518-410-5117 or [email protected]. Follow him on Twitter: @ChadGArnold. 

Categories: News, Schenectady, Schenectady County

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