Suspect indicted in F.S. hunter's death

A Garden City man was arraigned on April 8 on a charge of criminally negligent homicide for accidentally shooting and killing a Franklin Square hunter during an upstate hunting trip last November.

Robert Gerbino, 57, was arraigned at the Otsego County Courthouse in Cooperstown, according to records that were unsealed last week.

Gerbino, who was indicted by a grand jury on March 27, is accused of killing his friend, fellow Malverne firefighter Charles Bruce Sr., in a hunting accident on Nov. 16 — the first day of the hunting season. The accident occurred in a wooded area of privately owned property in the Town of Westford, Otsego County District Attorney John Muehl said. Bruce died from a single shot to the chest from a .44-caliber rifle.

Gerbino, who has been a member of the Malverne Fire Department for more than 10 years, is accused of shooting Bruce from a tree while Bruce stood in thick brush 40 feet away.

Muehl said he believed that the felony charge, that Gerbino accidentally caused Bruce’s death, fit the crime, and called it a “tragic accident brought on by carelessness.”

“I certainly thought the evidence was there to support this charge,” Muehl said. “I’m hoping that we can reach an agreement with a plea bargain and resolve the case before the trial.”

He added that Gerbino had been cooperative with police and “very, very remorseful” throughout court proceedings.

Gerbino’s attorney, Richard Rothermel, was not available for comment.

In an earlier investigation, Gerbino told State Police that he had mistaken Bruce for a deer. In January, Muehl said that this case offers evidence of negligence because, he said, he’s “never seen a man look like a deer.”

“The first thing that you’re taught when you take hunting safety courses is never, ever shoot unless you know what you’re shooting at,” he said. “And [Gerbino] obviously didn’t. Otherwise he wouldn’t have shot anybody.”

Muehl said that neither man was wearing any protective gear or an orange safety jacket, and that they were not under the influence of drugs or alcohol.

Gerbino faces a maximum sentence of four years in prison if convicted. His next court appearance is scheduled for May 5.