David Passeri, 60, of Gallatin who faces 17 felony firearms charges, has yet to decide whether to accept a plea deal offered in October by the Columbia County District Attorney’s office.
The proposed agreement would require Passeri to plead guilty to second-degree criminal possession of a weapon, a Class C felony, in exchange for a five-year prison sentence and three years of post-release supervision. If convicted on all charges he could face a 25-year sentence.
“We’re still in discussions, but I haven’t spoken to Ms. Botts in a while,” defense attorney Thomas DiPietro said during court proceedings on Monday, Dec. 23, referring to Chief Assistant District Attorney Cheryl Botts, who was not present. Botts was also absent at a November conference when similar discussions took place.
During Monday’s proceedings, DiPietro, presiding Judge Michael Howard, and Assistant District Attorney Nicholas Rolfing met privately in chambers for approximately 15 minutes before reconvening in open court. Howard said that if plea discussions do not advance in January, the court will proceed with motion hearings.
Motion hearings are legal proceedings where a judge evaluates arguments and evidence presented by attorneys to make a ruling on a specific request. Passeri’s next court appearance is scheduled for 1:30 p.m. on Jan. 15.
Passeri was arrested on March 27 after being indicted by a Columbia County grand jury. The charges stem from a January search of his Gallatin home on Sigler Road. Law enforcement seized 15 illegal firearms, including two untraceable ghost guns, along with ammunition and magazines. Authorities allege that the items were part of an illegal firearms manufacturing operation.
The indictment includes one count of first-degree criminal possession of a weapon, one count of second-degree criminal possession of a weapon and 15 counts of criminal possession of a firearm.
