OSWEGO – On Friday (July 27), Gary Bubis Jr. pleaded guilty to Assault 2nd and Unlawful Imprisonment 1st in Oswego County Supreme Court before the Hon. James McCarthy. Those were the two most serious counts in the Indictment against Bubis stemming from abuse allegations that occurred in the town of Albion in 2017.
The Assault 2nd charge was based upon an allegation that Bubis burned the hand of a 3-year-old boy with hot water. The Unlawful Imprisonment 1st count is based upon an allegation that Bubis and other adults ziptied and duct-taped a 10-year-old girl and forced hot sauce down her throat.
Judge McCarthy promised a sentence of 2.5 years with 3 years post-release supervision for the Assault 2nd, as well as a concurrent sentence of 1-1/3 to 4 years on the Unlawful Imprisonment count.
Although Bubis pleaded guilty to the two offenses, he did not admit to committing the alleged conduct. Bubis entered what’s called an “Alford plea,” which means that he pleaded guilty without admitting the acts.
Essentially, he told the court that he had reviewed all of the evidence against him and was willing to enter a plea to limit his potential exposure.
District Attorney Gregory Oakes said the plea represents the best possible outcome, as Bubis is now convicted of the most serious offense for each victim child.
Oakes said it would have been difficult to convict Bubis of the assault charge at trial because the victim was only 3 years old and could not articulate what happened.
Oakes noted that the other witness to the event has given conflicting statements and admitted to lying to the police during the investigation.
Rather than risking the possibility of defendant being acquitted of the assault charge and facing no consequence for burning the young child’s hand, the DA’s Office accepted a somewhat lower sentence.
“I spoke with the grandmother of the two victims, and she is very pleased with the outcome,” the DA added. “She appreciates that the plea offers certainty and accountability without making the children testify.”
The proceedings have been pending for 11 months, and the children have been anxious about the thought of testifying.
Rather than traumatize the children, the plea allows the children to put this matter behind them so that they can begin to heal and recover.
Oakes thanked the Oswego County Sheriff’s Office, the Oswego County Department of Social Services, the Oswego County Child Advocacy Center,and the McMahon / Ryan Child Advocacy Center for their collaboration on this case.
“This outcome is a testament to the multi-disciplinary team. Every adult who committed an offense against these children has been convicted of a felony and has been held accountable,” Oakes said, adding “I’m very grateful that the children are now in a safe and loving environment, which is what they deserve.”