ROSENDALE – A 76-year-old Tillson man who was accused of holding a gun to a Rosendale police officer’s head in July of 2020 walked out of Rosendale Justice Court convicted of the violation of disorderly conduct. Benjamin Sigel was originally charged with harassment, menacing a police officer, resisting arrest, and obstruction of governmental administration.
The case was finalized by Ulster County Assistant District Attorney James Bryant – the fourth prosecutor to handle the case.
Rosendale police officers were summoned to Sigel’s house at 12:21 a.m. on July 26, 2020, by his son for a report of a man overdosing. When police arrived, Sigel’s son allegedly attacked one of the officers and became combative. As the two uniformed officers were struggling with the son, the elder Sigel appeared from another room armed with a handgun and pointed at the cops. He refused to comply with police commands to drop the weapon, moving closer and pointing it at one officer’s head at point-blank range, according to Rosendale Police Chief Scott Schaffrick. Officers eventually were able to retreat from the house with the first suspect and a brief standoff occurred until the elder Sigel surrendered.
Records indicate that the DA’s office made several missteps in the prosecution of Sigel on felony charges, including the previous ADA having to withdraw the case from the grand jury. District Attorney David Clegg’s Office eventually came to an agreement with Sigel that if he pled guilty to a misdemeanor and served probation for one year, the conviction would be reduced to a violation. When Sigel was referred to Ulster County Probation for assessment, they declared he did not need it, forcing Clegg’s office to settle for a plea to a violation as long as he apologized. ADA Bryant was not pleased with the offer but admitted he could not change it.
In court on Tuesday, Sigel addressed both Chief Schaffrick and Judge William Pape and said in part “I apologize for anything that may have happened that night,” adding that he thought his house was being invaded and was exercising his rights. An infuriated Schaffrick responded, “What you have offered here is a defense, not an apology.” The chief declared in open court, “My officers exhibited the highest level of professional standards available and avoided a tragedy.”
After the judge directed Sigel to attempt an apology a few more times, Sigel’s attorney Andrew Kossover took over and said, “He accepts full responsibility for putting officers in a state of alarm,” while noting that the officers deserve to be commended for the restraint they displayed.
After Sigel walked free from the court, Chief Schaffrick said, “Never before in my law enforcement career, have I been asked to stand before a court to accept an apology from a defendant on behalf of my officers. Unfortunately, what both the court and I were provided was nothing more than a justification for the defendant’s action on the night that our officers responded to his residence to answer a call for help. True ownership and an apology for one’s actions would have been a simple ‘I am sorry’.”
The trial for Sigel’s son has been delayed due to a COVID-19 infection on the defense team.
