A Saratoga Springs man who was charged with forcibly touching the penis of a 15-year-old boy in the showers of the West Avenue Saratoga Springs YMCA was sentenced to three months in the Saratoga County Jail on Monday, Nov. 24.
Thomas Filion, 68, of 26 Elizabeth Lane, had plead guilty in September to charges of sexual abuse in the first degree, a felony, unlawful imprisonment in the second degree, forcible touching and endangering the welfare of a child. He also faces 10 years of probation and lifetime registration on the sex offender registry as a result of Monday's sentencing by Saratoga County Court Judge Jerry Scarano.
I am troubled and I believe that this minimal sentence does not serve the interests of justice, said Saratoga County District Attorney James A. Murphy, III, in a statement. "The defense attorney did an 'end run' and took us out of the case by pleading to the indictment. The judge felt that a three month sentence was appropriate. I support the criminal justice system as it is presently configured, but if I were the victim of the crime, I would feel that the sentence is inadequate. My office fought throughout this case or a state prison sentence, but sentencing is not within my control once a defendant pleads guilty to each and every count of the indictment."
The charges against Filion stemmed from a Nov. 9, 2007 incident. The Saratoga Springs Police Department arrested him after an investigation in which the boy identified Filion on surveillance footage from the YMCA.""