Jeremy S. Potter pleaded not guilty in Gloversville City Court on Wednesday to two weapons charges stemming from what police said was an attempted burglary at his apartment Monday night that turned deadly.
Potter was sleeping in his East Main Street apartment Monday night around 11 p.m. when police said two men broke in with a “simulated pistol.” A fight broke out between one of the men and Potter, who was armed, resulting in the death of one of the would-be burglars, police said.
Police responding to a report of shots fired found Robert W. Phillips, 34, of Gloversville, shot dead in Potter’s upstairs apartment at 22 E. Pine St. Phllips’ alleged accomplice, Gary M. Terry, 22, of Gloversville, fled but later turned himself into police.
“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 press release Tuesday evening. “During the altercation, the revolver was fired and Phillips fell to the floor.”
Authorities did not charge Potter in the death of Phillips, but the revolver that police say Potter possessed and that killed Phillips was reported stolen in Montgomery County in October.
Fulton County District Attorney Chad Brown declined to comment on the case.
Potter pleaded not guilty to one count of fourth degree criminal possession of stolen property (firearm), a felony, and one count of criminal possession of a weapon, a misdemeanor. It’s unclear if Potter has retained an attorney. He did not respond to an inquiry via Facebook Thursday.
Court documents identify the gun as a “Hi-Standard Model R101 Sentinel .22LR revolver.”
Potter was released on $15,000 bail, according to Gloversville City Court. His next court date is set for Wednesday.
Terry turned himself into police Tuesday afternoon and was charged with first-degree burglary and first-degree attempted robbery, both felonies. Court records show he pleaded not guilty to the charges.
Terry’s bail was set at $50,000 cash or $100,000 bond, and sent to the Fulton County Jail. Terry is due back in court Dec. 14.
Reach Gazette reporter Dan Fitzsimmons at 852-9605, [email protected] or @DanFitzsimmons on Twitter.