A former Newtown policeman was sentenced April 30 to a one-year suspended jail sentence, plus probation in connection with an incident last summer in Danbury involving a 13-year-old boy.

BY ANDREW GOROSKO

DANBURY -- A former Newtown policeman was sentenced April 30 to a one-year suspended jail sentence, plus probation in connection with an incident last summer in Danbury involving a 13-year-old boy.

Danbury Superior Court Judge Patrick Carroll handed down the sentence to Frederick Kasbarian, 60, of 1 Brassie Road who retired from the police department in 1993 due to health problems.

Last September, Danbury police served Mr Kasbarian with an arrest warrant, lodging charges of fourth-degree sexual assault and risk of injury to a minor in connection with an August 10 incident at JC Penney at the Danbury Fair shopping mall.

Details of the incident were not available. In December, a judge sealed the arrest warrant in the case to protect the identity of the victim.

Under the terms of a plea bargain agreement with the state, Mr Kasbarian pleaded "no contest" to the risk of injury charge. The state did not prosecute the fourth-degree sexual assault charge.

In court, attorney Eugene Riccio of Bridgeport, representing Mr Kasbarian, presented Judge Carroll with proof that Mr Kasbarian is in compliance with the state's sex offender registration law. The law requires submission of fingerprints, photographs and a blood sample for DNA analysis. Compliance with the sex offender law was a provision of the plea bargain agreement.

The father of the victim attended the court session, but did not speak.

Mr Riccio told Judge Carroll that Mr Kasbarian has been a good, law-abiding citizen for many years. Mr Riccio said Mr Kasbarian maintains his innocence.

Mr Riccio acknowledged, though, that Judge Carroll entered a finding of "guilty" after Mr Kasbarian pleaded "no contest" to the risk of injury charge.

Mr Riccio argued for a reduced amount of community service for Mr Kasbarian who stood by in a gray blazer and dark slacks.

In pronouncing the sentence, Judge Carroll said "What I find most disturbing ... is that you were in a position of trust. You knew [the father], you knew his son and you violated that trust."

Judge Carroll said that in light of the circumstances of the case and the victim's father's cooperation, the sentence amounts to "a highly favorable disposition" for Mr Kasbarian.

Besides the one-year suspended jail sentence, Mr Kasbarian is placed on three years probation under the supervision of the Office of Adult Probation. The suspended sentence is coupled with the probation, so that if the terms of probation are violated, the defendant faces the possibility of a judge imposing the suspended sentence.

Mr Kasbarian must submit to sexual offender evaluation and treatment, Judge Carroll said.

Also, Judge Carroll ordered Mr Kasbarian to have no contact with the victim.

The judge ordered Mr Kasbarian perform 175 hours of community service within the first two years of his probation.

The judge ordered him to comply with the provisions of the state's sexual offender law. Failure to comply is a felony. Also, Mr Kasbarian was ordered to cover court-related costs.

After the court session, Mr Riccio said, "My client maintains his innocence."

Given the risks posed by a trial and considering his age, Mr Kasbarian, on Mr Riccio's advice, opted to reach a plea bargain agreement with the state to settle the case, according to Mr Riccio.

"It's a tragedy from many perspectives. The client maintains his innocence," said Mr Riccio.

Mr Riccio said Mr Kasbarian would have no comment.

In January, Mr Kasbarian sought but did not receive accelerated rehabilitation status. Accelerated rehabilitation is a special form of probation for first offenders in which the charges are dismissed if the person successfully completes a probationary period.