Rubin's sentencing cut, but attorney still plans to withdraw guilty plea
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TROY, N.Y. -- There are new developments in the sentencing of a convicted bank robber who plotted to torture and kill the people who helped put him behind bars, including a former district attorney.
Chad Rubin, 31, was sentenced last week for conspiring to murder several people, among them former Rensselaer County District Attorney Patricia DeAngelis.
Rubin appeared in Rensselaer County Court Wednesday, hopeful, according to his attorney, that the judge would reduce his eight to 16-year sentence to five to 10 years, following the recommendations of a plea deal he had made with the DA's office back in March.
Instead, his attorney said Rubin was disappointed when Judge John Nichols sentenced him instead to seven to 14 years in prison, over and above the time agreed to in the plea deal. The re-sentencing comes after the judge made an error in the initial sentencing on one of the two counts Rubin pleaded guilty to.
Wednesday's hearing was much more subdued than the sentencing hearing last week, when during an emotional victim impact statement, DeAngelis threatened to kill Chad Rubin if he came near her or her family. None of the victims of Rubin's failed murder plot were in court on Wednesday.
DeAngelis is one of six people Rubin wanted dead for helping put him in prison for bank robbery back in 2005. The defense believes it was her statement to the court at last week's hearing that prompted the judge to give Rubin a tougher sentence.
The defense argues the counts Rubin pleaded guilty to did not involve DeAngelis directly.
"Her victim impact statement, our position, was inflammatory, it was prejudicial," said defense attorney Yoden Huban. "She threatened to kill my client in open court. It was clearly inappropriate and one can conclude that it had an impact on the judge."
Rensselaer County District Attorney Richard McNally said, "I think the judge made a good record. He made his determination based on the law and the facts."
Rubin's attorney said he's withdrawing his client's guilty plea. If the judge allows that, the case may go to trial and Rubin could face more time.
Rubin is currently in prison for bank robbery.