ALBANY— An Albany County jury found a 44-year-old man guilty of stealing merchandise from the Latham Home Depot and threatening store employees with his vehicle when they attempted to stop him on Wednesday, Feb. 26.
Philip Sarner was convicted of first-degree robbery for threatening the use of a dangerous instrument and fourth-degree criminal mischief after a jury trial presided over by Judge Andra Ackerman.
As a discretionary persistent felon, Sarner faces 25 years to life in state prison when he is sentenced on Monday, May 12, at 1 p.m. The jury deliberated for just over an hour.
On Thursday, Sept. 21, 2023, Sarner entered Home Depot at the Latham Farms shopping mall on Troy-Schenectady Road and was observed on surveillance cameras acting suspiciously.
According to the Albany County District Attorney’s Office, the jury was shown video evidence detailing Sarner’s movements as he took Milwaukee power tools from store shelves, loaded a black Husky contractor’s bag with hand tools, and headed toward an emergency exit.
A Home Depot loss prevention specialist and a store employee, who was seven months pregnant, confronted Sarner in an attempt to recover the stolen merchandise. Sarner dropped several items and fled to his vehicle.
At that point, he drove his mother’s minivan directly at the employees, forcing them to take cover behind a door. Sarner jumped a curb, crashed into the building, exited his vehicle, retrieved the stolen merchandise, and fled the scene.
“When the employees attempted to retrieve the items, he used the vehicle to force them back, then took the merchandise,” Colonie Police Lt. Anthony Sidoti said.
Sarner also damaged the building before fleeing.
On May 15, 2024, Colonie police took Sarner into custody at the Albany County Family Court Building on an open arrest warrant for the incident.
The case was prosecuted by ADA Ryan Carty of the Major Crimes Unit.
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