New details provided in Gloversville mayor’s case
King is alleged to have used $473 in postage
GLOVERSVILLE — Documents filed in City Court last month, including a deposition from the director of the Department of Public Works, provide additional details on the charges brought against Mayor Dayton King by state police.
King, 40, was taken into custody by state police on Nov. 14 and charged with felony first-degree falsifying business records, official misconduct and petit larceny for allegedly using the city postage meter located in City Hall for purposes other than city business and falsifying the meter ledger. King was issued an appearance ticket and released.
According to an accusatory instrument filed by Trooper Craig Eggleston in City Court, King used the city postage meter for personal use from Jan. 5 through Oct. 15. The approximate value of the postal meter use was stated as $473.07.
The misdemeanor charges of official misconduct and petit larceny are supported by a voluntary statement provided to city police Det. Sgt. Rick Richardson by DPW Director Dale Trumbull on Oct. 22.
The document states that Trumbull was advised of his rights, including the right to have an attorney present, before agreeing to the police interview that was recorded in a Q & A format in court documents.
During the interview Trumbull of Mayfield confirms that he received a letter addressed to himself and his wife pertaining to Howard Hanna Realty, where King is employed, that he turned over to city police.
When asked if he knew who the letter was from, Trumbull states, “I believe Dayton King.”
Trumbull is then asked to explain why he believes the letter is from King, to which he responds, “has his hand writing on the front of the letter.”
Trumbull also states that he opened the letter he received on the Friday previous to the interview, placing the approximate date of receipt on Oct. 19.
Trumbull was additionally asked if there was anything else in the letter and if he had received any other letters in the past from King “with this style of postage on it,” to which he answers respectively, “No, it was just the one letter” and “No, he usually just drops stuff on my desk without postage.”
Trumbull was first appointed to his position as the head of the DPW by King with unanimous approval by the Common Council on Jan. 1, 2016. The director of the DPW is one of several positions appointed by the mayor annually for confirmation by the council. Trumbull’s current appointment runs through Dec. 31.
The felony complaint against King for first-degree falsifying business records were made “on direct knowledge” according to the court documents filed by Eggleston.
Christopher Stanyon of Abdella Law Firm, King’s attorney, declined to comment on the allegations against his client when contacted by phone on Monday.
King appeared in Gloversville City Court with Stanyon on Nov. 19 and entered a plea of not guilty before Amsterdam City Court Judge Lisa Lorman.
According to Gloversville City Court officials, Lorman was contacted to preside over King’s case after both Judge Traci DiMezza and Cory Dalmata recused themselves.
Members of the Fulton County District Attorney’s Office noted to Lorman that the case is being assigned to a special prosecutor from Saratoga County due to a conflict of interest, but did not know who the case was being assigned to.
King was ordered released on his own recognizance by Lorman after she noted his ties to the community and the case was adjourned until early next year, with a control date set for Jan. 9.
According to state Public Officers Law, King would not be eligible to hold the office of mayor if convicted of the felony charge of first-degree falsifying business records he is now facing.
King recently settled criminal charges stemming from his alleged release of information from the personnel file of former mayoral candidate and current city firefighter William Rowback Jr. during the 2017 mayoral race.
King pleaded guilty to second-degree harassment, a violation, in Johnstown Town Court on Sept. 10 as part of a plea arrangement. He received a $250 fine with a $125 surcharge and agreed to write a letter of apology to Rowback and the Gloversville Firefighters Association that he read during the Oct. 23 Common Council meeting.
King was originally charged with official misconduct, a misdemeanor, by state police on Dec. 8 after Rowback filed a complaint with state troopers in Mayfield based on the release of information from his employee personnel file during a live radio debate on Oct. 28, 2017.