Plea hearing halted for ex-NYS trooper Thomas Mascia, who deliberately shot himself
Former NYS trooper Thomas Mascia appears at a court hearing at the Nassau County courthouse on Wednesday. Credit: Newsday/Alejandra Villa Loarca
The plea hearing for the former New York State trooper who launched a massive police manhunt after authorities say he falsely claimed a Black man shot him in the leg was thrown into turmoil Wednesday after he told the judge he did not feel well mentally.
Acting Supreme Court Justice Robert G. Bogle halted the proceeding after several closed-door conferences between defense attorneys and prosecutors and rescheduled the hearing for May 21.
"I understand that circumstances like this make people nervous," the judge said. "Considering this, I think it’s a good idea if we take a break."
Thomas Mascia was arraigned on felony charges of filing a false report, official misconduct and tampering with evidence after he wounded himself in his patrol car on Oct. 30, then called in a report that he had been shot by "a black or dark-skinned Hispanic male" driving a black Dodge Charger, according to a state police affidavit.
Nassau County prosecutors and his defense lawyers, Jeffrey Lichtman and Matthew Cohan, had planned for Mascia and his parents, who were charged with illegal gun possession, to plead guilty Wednesday. The agreement for the former trooper, as the judge outlined it, was that he would accept a 6-month jail sentence, 5 months of probation and mental health treatment. He’s also agreed to pay the New York State Police $289,000 for the three days of overtime doled out during the manhunt for a suspect authorities said didn’t exist.
As part of a plea proceeding, the court must establish that a defendant is not under the influence of drugs, under physical distress and is mentally well enough to understand the charges and the terms of the plea agreement.
Mascia initially said he did not feel well mentally and then changed his answer when asked again by the judge.
Lichtman tried to reassure the court the hearing could go forward.
"He does not feel in good mental health but he feels in good enough mental health to understand the charges and accept the plea," the defense lawyer said.
"I’m currently receiving treatment, your honor," Mascia told the court to clarify.
The judge noted that Mascia signed his plea agreement paperwork as "Trooper Mascia," though he acknowledged that he was no longer working for state police.
At his first appearance for the case, Litchman said Mascia suffers from "untreated mental issues."
The former trooper wore a green ribbon on the lapel of his gray suit jacket, a color that has been associated with mental health awareness. His mother, Dorothy Mascia, wore a green sweater and his father, also named Thomas Mascia, wore a matching green tie.
Pleadings for illegal assault weapon charges against his father, a former NYPD officer who was fired over a drug dealing conviction, and his mother were also rescheduled for May 21.
Investigators said Mascia hatched the plan to shoot himself to gain "attention or sympathy for himself."
After a brief hospitalization, the former trooper was released from Nassau University Medical Center to a phalanx of law enforcement officers who clapped and cheered his recovery.
But soon after, his story fell apart and he became the suspect. Nassau County District Attorney Anne Donnelly called his behavior "unconscionable."
"He knew the fear that it would create, and he did it anyway," Donnelly said at a previous news conference.
The plea hearing for the former New York State trooper who launched a massive police manhunt after authorities say he falsely claimed a Black man shot him in the leg was thrown into turmoil Wednesday after he told the judge he did not feel well mentally.
Acting Supreme Court Justice Robert G. Bogle halted the proceeding after several closed-door conferences between defense attorneys and prosecutors and rescheduled the hearing for May 21.
"I understand that circumstances like this make people nervous," the judge said. "Considering this, I think it’s a good idea if we take a break."
Thomas Mascia was arraigned on felony charges of filing a false report, official misconduct and tampering with evidence after he wounded himself in his patrol car on Oct. 30, then called in a report that he had been shot by "a black or dark-skinned Hispanic male" driving a black Dodge Charger, according to a state police affidavit.
Nassau County prosecutors and his defense lawyers, Jeffrey Lichtman and Matthew Cohan, had planned for Mascia and his parents, who were charged with illegal gun possession, to plead guilty Wednesday. The agreement for the former trooper, as the judge outlined it, was that he would accept a 6-month jail sentence, 5 months of probation and mental health treatment. He’s also agreed to pay the New York State Police $289,000 for the three days of overtime doled out during the manhunt for a suspect authorities said didn’t exist.
As part of a plea proceeding, the court must establish that a defendant is not under the influence of drugs, under physical distress and is mentally well enough to understand the charges and the terms of the plea agreement.
Mascia initially said he did not feel well mentally and then changed his answer when asked again by the judge.
Lichtman tried to reassure the court the hearing could go forward.
"He does not feel in good mental health but he feels in good enough mental health to understand the charges and accept the plea," the defense lawyer said.
"I’m currently receiving treatment, your honor," Mascia told the court to clarify.
The judge noted that Mascia signed his plea agreement paperwork as "Trooper Mascia," though he acknowledged that he was no longer working for state police.
At his first appearance for the case, Litchman said Mascia suffers from "untreated mental issues."
The former trooper wore a green ribbon on the lapel of his gray suit jacket, a color that has been associated with mental health awareness. His mother, Dorothy Mascia, wore a green sweater and his father, also named Thomas Mascia, wore a matching green tie.
Pleadings for illegal assault weapon charges against his father, a former NYPD officer who was fired over a drug dealing conviction, and his mother were also rescheduled for May 21.
Investigators said Mascia hatched the plan to shoot himself to gain "attention or sympathy for himself."
After a brief hospitalization, the former trooper was released from Nassau University Medical Center to a phalanx of law enforcement officers who clapped and cheered his recovery.
But soon after, his story fell apart and he became the suspect. Nassau County District Attorney Anne Donnelly called his behavior "unconscionable."
"He knew the fear that it would create, and he did it anyway," Donnelly said at a previous news conference.
'Just disappointing and ... sad' The proportion of drivers who refused to take a test after being pulled over by trained officers doubled over five years. NewsdayTV's Virginia Huie reports.
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'Just disappointing and ... sad' The proportion of drivers who refused to take a test after being pulled over by trained officers doubled over five years. NewsdayTV's Virginia Huie reports.
