ALBANY — A 23-year-old man charged in the videotaped torture killing of a turtle in Knox will avoid jail time under a plea deal reached Friday.
Michael Robert of Knox pleaded guilty to fifth-degree conspiracy, a misdemeanor, during an appearance before acting Supreme Court Justice Dan Lamont. Robert faces three years of probation and must perform 75 hours of community service.
He was the last of five defendants — involving two sets of brothers — charged in the case. He faced a possible 2 1/3 to 7 years in state prison if convicted of third-degree weapon possession, a felony.
All charges against his brother, Jeffrey Robert, 24, who had cases before two judges in Albany, were later dropped. On Aug. 27, brothers Tyson Pincher, 27; James Pincher, 22; and Seth Pincher, 18, all pleaded guilty to disorderly conduct before Lamont. The non-criminal violation is akin to a speeding ticket.
That left the sole case of Michael Robert. But according to his defense attorney, Jeffrey Lapham, his client could not wage the same defense as the others, who had arguments to object to police search warrants. He said Michael Robert was not in a position to object to the discovery of the incriminating video in the car of his brother.
As a result, Lapham said, his client accepted the plea bargain.
The initial arrests came after Albany County sheriff’s department investigators searched the home of Jeffrey Robert in an unrelated case in September 2009. The police found the video showed a snapping turtle being tortured and killed in an explosion.
The defendants initially faced misdemeanor animal cruelty charges. But because the video of the torture dated from 2007, the statute of limitations for the crime had expired; the charges were tossed.
Investigators said the defendants tortured the reptile on Knox Cave Road, placed a pipe bomb on its back and watched the reptile explode.
A person with knowledge of the case said they nicknamed the turtle “Victim,” and one of them said, “Do you think he knows he’s about to die?” Police alleged the group had been experimenting with explosives and downloaded information from the Internet about bomb-making.
On Friday, Lapham emphatically said his client never produced or manufactured any bombs.
Robert will be sentenced on Oct. 29.