BUFFALO — BUFFALO, N.Y. - For weeks, a spokeswoman for the Erie County District Attorney told 2 On Your Side there was no commitment to give 30-year-old Brandon Adler probation in exchange for a guilty plea on a 4th-degree arson charge.
Now, DA Flynn acknowledges there was a commitment, or deal, in place - but it originated with Erie County Judge James Bargnesi.
The issue surfaced with a pair of tenants who also lived in the apartment building that burned. Both Angela Lopez and Barry Rebholz says Assistant District Attorney Paul Glascott told them that a commitment for probation was in place.
Lopez and Rebholz wanted Adler to do time. Both arson victims lost everything they owned in the fire.
The origin of the probation commitment can be found in the transcript for Adler’s March court appearance where he changed his plea to guilty. In the transcript, Judge Bargnesi says, “I have had a discussion with your attorney and the Assistant District Attorney and I have indicated to them that if you were to plead guilty that I would sentence you to five years probation."
The transcript is evidence that a deal swapping a guilty plea for probation was in place.
By phone late this afternoon, Flynn told 2 On Your Side that Glascott urged for jail time during a brief meeting in Judge Bargnesi’s chambers. This is no record available of this meeting.
The details of the arson are disturbing. The fire all but destroyed an historical Allentown structure, which had been converted into apartments. The blaze started in Adler's apartment and he essentially incriminated himself by posting a Snapchat video of a sofa lit on fire.
It’s believed to be Adler’s couch and that the small blaze quickly got out of control and consumed the building.