The city man who admitted sexually abusing an 11-year-old girl in a random attack on the street as her family headed home from the Gazette Holiday Parade in November was sentenced Thursday to an agreed-upon three years in prison.
Victor Oginski, 61, was tracked down by the girl’s father, who took off running after his duaghter’s attacker while relaying his location to police by phone.
Oginski was sentenced under a deal struck directly with acting Schenectady County Court Judge Richard Giardino. Prosecutors had offered four years.
Giardino said in court he accepted the shorter sentence based on the record available and because doing so would prevent the girl from having to testify. After Oginski is released, he also faces seven years of post-release supervision and must register as a sex offender.
“I really think you are an individual who should not be in society, should be separate from society,” Giardino told Oginski. “The seven years of parole will ensure somebody is watching over you tightly in the community, so as to protect young children.”
Oginski’s release is not guaranteed after serving his sentence, however; he is subject to possible civil confinement proceedings.
There was discussion at the sentencing of Oginski’s history of sex crimes, asd well as his lack of recent history. Oginski is a former Level 3 sex offender, judged at the highest risk to re-offend. He was removed from the state sex offender registry because his 2004 conviction in Saratoga County for sexual abuse was overturned three years later on a technicality.
Because the case was overturned six years after the alleged crime, officials said he couldn’t be reprosecuted because the family had moved on.
Though prosecutor Tracey Brunecz referenced the prior case in her remarks, Oginski’s attorney, Joseph Litz, emphasized an overturned conviction cannot be used to argue for harsher treatment.
Before the overturned case, Oginski had a sexual abuse conviction 25 years ago, records show.
In the Schenectady case, Oginski was arrested Nov. 17, the night of the holiday parade. The parade had concluded, and the girl and her parents were on their way home, walking on Nott Terrace near Stewarts around 8:30 p.m. Oginski ran up, grabbed the child’s crotch area and ran off. Hearing the girl’s cries, the father turned, and she quickly told him what happened and pointed out Oginski.
The father chased Oginski through streets and parking lots, all while relaying information to police. Police took Oginski into custody near City Hall.
“If it hadn’t been for him getting on the phone and chasing him, the defendant probably would have gotten away and never been identified and held accountable,” Brunecz said after Thursday’s sentencing.
As for the victim, Brunecz said she is doing well.
“She’s a great little gal, a smart little kid,” Brunecz said.