Rockland County District Attorney Tom Walsh announces additional Federal and State charges against Airmont Deputy Mayor as the investigation continues.
On September 3, 2021, Brian Downey, 47, of Airmont, NY was charged in the Southern District of New York on the following offenses:
• Title 26, United States Code, Sections 5845(a)(2) and (a)(4) and 5861(d) – Possession of Unregistered Firearms;
• Title 18, United States Code, Section 701 – Possession of Federal Badges, Identification Cards, and other Insignia;
The defendant was arraigned by the Honorable Judith C. McCarthy, United States Magistrate Judge Southern District of New York who set bail of $250,000.00 unsecured bond.
In addition to the original charges filed by the Rockland County District Attorney’s office which consisted of:
• 1 count of Criminal Possession of a Weapon in the 1st Degree – Penal Law Section 265.04 (2) related to the possession of ten or more unregistered firearms.
• 16 counts Criminal Possession of an Weapon in the 3rd Degree – Penal Law 265.02 (7) related to possession of 16 assault weapons.
• 13 counts Criminal Possession of a Weapon in 3rd Degree – Penal Law 265.02 (2) related to the possession of thirteen firearm silencers.
The Rockland County District Attorney’s office filed supplementary charges and obtained a warrant from the Village of Airmont Justice Court against Brian Downey for the following charges on behalf of the People of the State of New York:
• 3 counts of Criminal Possession of a Forged Instrument in the 2nd Degree – Penal Law Section 170.25 related to the possession of a fraudulent New York Court Officer Identification Card and two fraudulent New York Court Officer badges.
The defendant has not been arraigned on this new warrant in Airmont and is currently in custody in the Rockland County Jail.
“I will echo my sentiments on Thursday about this unfortunate incident. Anyone who takes an oath of office to serve the public and is entrusted to by their community to serve its constituents should have integrity beyond reproach.
This fluid investigation involving the Rockland County District Attorney’s office and our Federal partners (HSI, ATF, US Postal Inspector) has resulted in the arrest of a public official who violated that oath of office and betrayed the trust of the public whom he swore to serve. I pledged during my campaign that I would be a District Attorney who would act without fear of favor. This investigation is a primary example of my promise to root out public corruption and those officials who use their right hand to take their oath and utilize their position of power to violate the sacred trust of those they swore to serve.”
This investigation is ongoing.
The Rockland County District Attorney’s Office will be transparent during this investigation as we continue to work collaboratively with our law enforcement partners to safeguard the public trust. I will make sure that all public officials that serve the citizens of Rockland never betray those that have entrusted them to look out for their best interest,” said District Attorney Thomas E. Walsh II.
The Rockland County District Attorney’s office would like to thank the Southern District of New York, Homeland Security and the United States Postal Inspector Task Force for their assistance with this case. The Task Forces from those respective Federal Partners also consists of members from the ATF and NYPD Intel. In addition, we would like to extend our deepest appreciation to the Ramapo Police Department who provided resources to our office with the apprehension of the defendant and executing the search warrant. The cooperation between our respective law enforcement agencies is paramount to ensuring public safety and the District Attorney would like to commend all involved.
It should be noted that a criminal complaint is merely an accusation and that a defendant is presumed innocent
until proven guilty.