On April 15, 2024, Fabian Hance, formerly of the City of Schenectady, pleaded guilty in Schenectady County Court to Tampering with Physical Evidence, a class E felony in violation of Penal Law § 215.40 (2). Mr. Hance’s guilty plea was taken shortly before jury selection and trial was to begin on a three-count indictment charging Mr. Hance with one count of Attempted Criminal Possession of a Weapon in the Second Degree, a class D violent felony in violation of Penal Law §§ 110.00 and 265.03 (3), Tampering with Physical Evidence, a class E felony in violation of Penal Law § 215.40 (2), and Harassment in the Second Degree, a violation in violation of Penal Law § 240.26 (1).
This indictment arises out of a domestic violence incident which occurred in the City of Schenectady on August 30, 2022 when Mr. Hance repeatedly hit the mother of his then three-month-old child. After the victim was able to escape from Mr. Hance, Mr. Hance fled the scene while police and firefighters were responding to the area. Mr. Hance ran through a fenced-in backyard nearby, hiding a black backpack in the yard. When the homeowner discovered the backpack, he called the police who collected the abandoned backpack, finding inside a SCCY CPX-2 9 millimeter pistol loaded with 9 rounds of 9 millimeter Luger ammunition, as well as a box of ammunition containing an additional 41 rounds of 9 millimeter Luger ammunition. Scientific analysis by the New York State Police Forensic Investigation Center established a highly probabilistic match between DNA on the recovered gun and a control sample taken from Mr. Hance. Ultimately, the firearm recovered was inoperable due to a firing pin malfunction. Under New York State law, the crime of Criminal Possession of a Weapon in the Second Degree requires that a gun be operable and fire a round as intended. Mr. Hance was indicted for Attempted Criminal Possession of a Weapon in the Second Degree because the gun would not successfully fire when the trigger was pulled.
Prosecution of this case was made possible by the bravery of the victim, who escaped from the physical domestic violence incident and initially called 911 and a good Samaritan who noticed the backpack in his backyard, reported its discovery to law enforcement, and also provided the police home surveillance video showing Mr. Hance running through his yard and leaving the backpack behind. This case was investigated by the Schenectady Police Department. Forensic analysis was undertaken by the New York State Police.
In exchange for his plea of guilty, Mr. Hance will receive a sentence of 1.5 to 3 years of indeterminate incarceration. The domestic violence victim will be issued an 11-year full stay away order of protection. Sentencing is scheduled to take place on June 27, 2024 in Schenectady County Court. The case was prosecuted by Assistant District Attorney Eric J. Weinhold of the Special Victim’s Bureau. Mr. Hance was represented by attorney Daniel Smalls. Acting County Court Judge Mark J. Caruso presided over the case.