Lawyer: Colonie Police charged wrong guy in attempted kidnapping case

Police arrested McArdle on Saturday, March 7, at his residence, on Pine Avenue in Albany, on the felony attempted kidnapping charges after police said a 14-year-old girl provided a description that led police to identify McArdle as the suspect who allegedly grabbed the girl and attempted to place her in his car at around 4:25 p.m.

Police interviewed McArdle earlier that day, around 2 p.m., after officers received a call of an "annoying vehicle" driving in circles in the McDonald's parking lot.

Some time after police issued McArdle a warning for his driving at McDonald's, Detective Lt. John Van Alstyne said police received a call from the girl, who described the scenario in which a man attempted to kidnap her as she was walking alone on Sand Creek Road near Sunset Boulevard.

Van Alstyne said the girl, whose name was not released by police, "immediately went into fight mode" and began hitting the suspect's arms, at which point he released his grip and she fled on foot.

The man, Van Alstyne said, then got back into his vehicle and drove away.

When the girl called police, she described the vehicle the man was driving, as well as his physical characteristics, which Long said do not exactly match up with McArdle's physical characteristics on that day.

"Her description doesn't fit Brian," Long said. "She describes Brian as having 'hairy hands,' but even police have said [McArdle's] hands are not hairy, but they were dirty. She also described him as wearing a dark blue sweatshirt/sweater type shirt. You can see in the [video tapes], Brian is wearing a royal blue hoodie."

Long also said that the video shows McArdle wearing a baseball cap.

"I don't think he would have taken his hat off to kidnap someone and then put it back on," Long said. "They got the wrong guy."

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