Schenectady, New York

From the Albany Times-Union of May 12, 2007

DA: Killing is self defense

Schenectady man who shot intruders admits drug, weapon charges

A man who opened fire on intruders who planned to steal a half-pound stash of cocaine from his Raymond Street home killed one of the men in self defense, prosecutors said Friday after the man pleaded guilty to drug and weapons charges.

Police initially charged Harry Glenn with second-degree murder after he killed Richard DeGroat, 39, with a gunshot to the head and shot another man, Bertram Payne, 20, when they forced their way into the house on Dec. 2.

Even though Glenn had a large amount of cocaine in the house, he was still entitled to defend himself when DeGroat, Payne and third person, Nydia Robles, tried to steal the narcotics, Schenectady County Deputy Chief Assistant District Attorney Philip Mueller said.

“It appears the shootings of both men were instantaneous reactions by Mr. Glenn confronting people who were invading his home,” Mueller said.

Glenn, 27, still faces 10 years in prison on drug and weapon charges when sentenced July 13 by County Judge Karen Drago.

Glenn shot Payne first. Mueller said Glenn went to check on Payne and then shot DeGroat who surprised him. The two men had bought a pellet gun earlier in the day and had it with them when the broke into the Raymond Street home.

Payne was shot in the hand but escaped. He was treated at Ellis Hospital.

He and Robles have previously pleaded guilty to burglary and attempted robbery charges. Payne faces a sentence of 11 years in prison and Robles is looking at nine years.

Charges are pending against Amy Sorey, 31, the alleged driver for the trio.


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