Saul Morales-Garcia will instead face reduced charges of menacing and criminal possession of a weapon, a spokesperson for the Albany County District Attorney’s Office told Daily Voice, citing video surveillance footage and other evidence.
“A fair reading of the evidence and controlling case law informs that this incident did not rise to the level of attempted murder,” Albany County DA Lee Kindlon said in a statement. He noted that US Attorney John Sarcone, the alleged victim in the case, agreed with the decision.
Morales-Garcia was arrested Tuesday night, June 17, after accosting Sarcone while making jabbing motions with a knife, according to prosecutors. Sarcone escaped into a building lobby before calling Albany County Sheriff Craig Apple directly, instead of 911.
At a press conference days later, Sarcone accused Albany Police of failing to respond–an allegation publicly refuted by both the department and the police union.
Michael Delano, president of the Albany Police Benevolent Association, later accused Sarcone of deliberately misrepresenting the situation, and criticized him for not calling 911.
Morales-Garcia is in the United States illegally after previously being deported in 2010 following a criminal conviction, Apple said. He remains jailed without bail.
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