DELMAR — A Troy man convicted of murder is back in jail after having allegedly caused a blaze that severely damaged a Glenmont home in 2020. The incident, police say, was sandwiched between his release from prison and a parole violation that had sent him back briefly to jail last year.
Bethlehem Police arrested Brian Fogarty, 48, on a warrant last week because he failed to appear in county court to face charges for the fire. He was initially arrested in April, remanded to the Albany County jail and subsequently released.
Bethlehem police arrested Fogarty in April 2022 for allegedly setting a 2020 fire that severely damaged a Glenmont residence on Quincy Court. He was sent to the Albany County Jail at that time by Bethlehem Town Judge Ryan Donovan because Fogarty had two felony convictions and of the four new charges, three were felonies, including arson. He was held until a preliminary hearing in county court on May 3.
Fogarty was released sometime between the May 3 hearing and September 1, when he failed to show up to court and a bench warrant was issued from Albany County Court. He was found and arrested in Fla. on a parole violation and returned to Rensselaer County Jail on Tuesday, Sept. 27.
On Thursday, Sept. 29, Bethlehem police arrested Fogarty at the jail for the felony bench warrant. He was processed at the police station and Bethlehem police surrendered him to the Albany County Court. He was arraigned and sent back to the Rensselaer County Jail.
Fogarty is scheduled to appear before Albany County Court Judge Andra Ackerman on Thursday, Oct. 20.
In 1996, Fogarty was convicted of unlawfully entering his landlord’s apartment, stealing money and jewelry, beating and then fatally stabbing the 78-year-old landlord. He was sentenced to concurrent prison terms of 25 years to life on each of two counts of murder in the second degree, 8 1/2 to 25 years for robbery in the first degree and 8 1/2 to 25 years for burglary in the first degree.He served 22 years of the sentence and was eligible for parole in 2018, according to state records.
He was released on parole after 2018, but records are unclear the exact date. He did violate parole and was back in jail May 19, 2021 and was released again on June 3, 2021, according to the State Department of Corrections and Community Supervision parolee and inmate lookups.
TIMELINE
-
Brian Fogarty was convicted of murder in March 1996.
-
Released after serving 22 years of his 25-year-to-life sentence once he qualified for parole in 2018.
-
Fogarty is alleged to have committed arson in September 2020. He’s believed to be involved with a fire that severely damaged a Glenmont home on Quincy Court..
-
Was back in jail in May 19, 2021 after having violated his parole from an unknown violation.
-
Was released from Jail on June 3, 2021 for the parole violation.
-
Arrested on April 4, 2022 for arson, criminal mischief, reckless endangerment and making a false written statement for the Quincy Court fire.
-
Bethlehem Town Judge Ryan Donovan arraigns Fogarty and remands him to Jail until a May 5, 2022 hearing in county court because he has two past felony convictions.
-
Sometime between May 5 – September 1, Fogarty is released from jail and fails to appear in court on September 1 to face the arson charges. Court signs bench warrant.
-
Florida law enforcement arrest Fogarty for violating his NY parole and he is sent back the to Rensselaer County Jail. He arrives on September 27.
-
Bethlehem police arrest Fogarty on September 29 on the outstanding bench warrant at the Jail and turn him over to the Albany County Court.
-
He is arraigned on the warrant and sent back to jail to await an October 20 hearing in front of Judge Ackerman.
