Adam Schwabrow.
JOHNSTOWN — Suspended Johnstown police officer Adam
Schwabrow pleaded guilty Tuesday to one count of third-degree rape and officially
resigned his position with the police department as part of a plea agreement,
according to the Saratoga County District Attorney’s Office.
He is expected to serve one year in jail.
Schwabrow, 32, submitted his plea before acting Fulton
County Court Judge S. Peter Feldstein, admitting he had sex with someone
younger than 17 years old. The Class E felony charge was lodged after
allegations came out last year that Schwabrow had sexual contact with a
16-year-old girl in the city of Johnstown over a period of time beginning in
May of 2011. No force was alleged in the case and Schwabrow was not on duty at
the time of the encounters.
Because of the lack of force, Schwabrow’s attorney sought
probation in place of jail time, said Saratoga County DA James Murphy III,
whose office was appointed special prosecutor for the case.
“We said no to that,” he said. “Even though no force was
involved, this was statutory, meaning she was less than 17 years of age. But it
doesn’t have to be physical force to be serious. He was in a position of power
and she was too young to be capable of consent, which is why we thought he
should not only resign, but also do a year in jail.”
Schwabrow resigned from the Johnstown police force, where he
served nine years, effective Tuesday at 1 p.m. in the form of a letter
addressed to police Chief Mark Gifford.
“As an adult he should know better than to have sex with a
minor and that is exactly why the statute is written, to protect young girls,”
said Murphy in a news release. “Someone who commits a felony and exercises such
horrific judgment should never be a police officer and that is why we insisted
on a resignation as part of the felony conviction and jail time.”
Schwabrow had surrendered his firearms to the Fulton County
Sheriff’s Department at the time of his arrest on Sept. 19. Seven weeks later,
the DA’s office began investigating rumors that Schwabrow pulled his gun out
and pointed it at fellow officers during the arrest.
“But when we asked the chief about that he said no, there
was just some fumbling around for the gun,” said Murphy. “So they followed up
on the allegation, but never turned anything over to us that indicated anything
criminal.”
Sentencing has been scheduled for May 13 at 10 a.m. In
addition to one year in Fulton County Jail, Schwabrow is expected to pay fines
and surcharges.
Assistant DA Jennifer Buckley, who prosecuted the case, said
Tuesday in a news release that the victim is satisfied with Schwabrow’s guilty
plea and resignation.
“The victim was fully cooperative in the prosecution and is
relieved this part of her life is over,” Buckley said.
Fulton County DA Louise Sira and a local judge recused
themselves from the case in September because it would have been a conflict of
interest to investigate one of their own police officers.
At the time of his arrest, Schwabrow had also been serving
as emergency management director for Montgomery County since October 2012. He
was suspended without pay from his police and county jobs, which had annual
salaries of about $55,000 and $25,000, respectively. The status of his job with
Montgomery County is unknown at this time. Jeffery Smith retired from his post
as Montgomery County undersheriff in January and now fills Schwabrow’s old role
with the county.
