Department of Justice
U.S. Attorney's Office
Northern District of New York
For Immediate Release
Friday, October 21, 2016
, United States Attorney
Richard S. Hartunian
Contact: FAUSA Grant Jaquith
Schenectady Man Indicted for Perjury in Arson Homicide Investigation
New York Field Division
ALBANY, NEW YORK – An indictment unsealed today charges Bryan Fish, age 22, of Schenectady, New York, with three counts of making false declarations before a federal grand jury investigating an arson that killed four people in Schenectady.
The announcement was made by U.S. Attorney Richard S. Hartunian and Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
Fish was arraigned today before U.S. Magistrate Judge Christian F. Hummel, entered a plea of not guilty, and was held pending a detention hearing on Monday, October 24 at 1:30 p.m.
The indictment alleges that the false declarations were made before a grand jury investigating the fire on or about May 2, 2013 at 438 Hulett Street in Schenectady, New York, that caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside. The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
The indictment charges three counts of making false declarations before the grand jury in sworn testimony on May 24, 2013. Count One alleges that Fish testified falsely regarding a person who purportedly drove Fish, Jennica Duell and Robert Butler from Saratoga Springs to 438 Hulett Street on May 2, 2013 and conversation with that person about the reason for the trip. Count Two alleges that Fish testified falsely regarding the presence and role of that same person when the fire was set at 438 Hulett Street, as well as discussion of a false alibi. Count Three alleges that Fish testified falsely regarding how he contacted that same person to arrange for the ride on May 2, 2013.
If convicted, Fish faces a maximum term of imprisonment of 5 years and a $250,000 fine on each count, and a term of supervised release of up to 3 years. If convicted on all three counts, Fish faces a total maximum sentence of imprisonment of 15 years and a $750,000 fine (in addition to supervised release for up to 3 years). A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges announced today result from an ongoing investigation into the fatal fire conducted by ATF, the Schenectady Police Department, and the Schenectady Fire Department. This case is being prosecuted by First Assistant U. S. Attorney Grant C. Jaquith and Assistant United States Attorney Wayne A. Myers.
The ATF notes that there is a reward of up to a total of $40,000 for information leading to the arrest and conviction of the person(s) responsible for the arson that occurred on May 2, 2013 at 438 Hulett Street in Schenectady, resulting in personal injury and death. All information will be treated confidentially and the callers will remain anonymous if requested. Anyone having information is encouraged to call ATF at 1-888-ATF-FIRE (1-888-283-3473), or email ATFTips@atf.gov, or contact ATF through its web site at www.atf.gov/contact/atf-tips. Tips may also be submitted to ATF through the “report it” app, available on both Google Play and the Apple App Store, or by visiting www.reportit.com.