HUDSON–Accused murderer, David T. Agan, Jr., 43, of Valatie now faces a raft of new charges including rape and incest along with an upgraded murder charge—all presented in a 140-count superseding indictment, October 18.
Judge Richard Koweek presided over Mr. Agan’s arraignment in Columbia County Court, Tuesday afternoon.
Shackled and dressed in jail-issued stripes, Mr. Agan appeared with his two attorneys: Dennis B. Schlenker of Albany, who represents him on the new first degree murder charge, and Ian Crimmins of the Public Defender’s Office, who is Mr. Agan’s counsel on indictment counts 2 through 140.
Columbia County District Attorney Paul Czajka told the court he is ready for trial.
Mr. Agan was initially arrested December 10, 2015 in connection with the stabbing death of his estranged wife, Christina M. Agan, 37, of Kinderhook.
He was indicted by a grand jury December 14, 2015 for second degree murder, a class A-1 felony, and has been locked up in the Columbia County Jail without bail since his arrest.
The new superseding indictment, which replaces the previous one, accuses Mr. Agan of first degree murder, a class A-1 felony, punishable by a minimum of 20 years and up to life in prison. The 65-page indictment also chronicles 15 counts of third degree rape, 96 counts of third degree incest and 28 counts of third degree criminal sex act, all class E felonies, each punishable by up to four-years in prison.
Mr. Agan’s attorneys entered not guilty pleas on all counts.
The first degree murder charge alleges that Mr. Agan intended to and did cause the death of his wife, who “was a witness to a crime committed on a prior occasion and the death was caused for the purpose of preventing the intended victim’s testimony in any criminal action or proceeding…”
The third degree rape charges allege that he engaged in sexual intercourse with someone less than 17 years old.
The third degree incest charges allege that over the course of about two years, January 2014 through December 2015, he engaged in sexual intercourse, oral sex or anal sex with a person he knew was related to him, “through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.”
The third degree criminal sexual act charges allege that he had oral sex with a person under 17 years of age.
At the time of Ms. Agan’s death, she and Mr. Agan had been married for 15 years and were living in separate residences since April 2015.
Ms. Agan went to the Valatie Medical Arts Building at 1301 River Street, December 10 for a doctor’s appointment. She was a regular patient there, State Police said at the time. In the building’s entry vestibule, she and Mr. Agan got into an argument which ended with him allegedly stabbing Ms. Agan multiple times in the neck with a screwdriver.
Police recovered what they believe is the murder weapon, according to DA Paul Czajka.
State Police Lieutenant Nicholas Banbury, who spoke at a December 11, 2015 press briefing said police have witnesses who saw the attack. Police responded to a report about the assault at the medical arts building at 1:50 p.m. December 10, 2015 and found Ms. Agan dead in the vestibule.
The investigation led to a lockdown of all schools on the nearby Ichabod Crane School District campus shortly before the end of the school day.
Mr. Agan fled following the attack and was apprehended about an hour later on Route 4 in East Greenbush, Rensselaer County, while driving his personal vehicle.
State Police said they took Mr. Agan to Albany Medical Center after they arrested him because they believed he may have ingested “an unknown type and quantity of a prescription medication prior to… being stopped.” Lt. Banbury said a medication bottle was found in his vehicle.
The lieutenant also said that Mr. Agan had “actively resisted” being taken into custody, which was the reason the left side of Mr. Agan’s face appeared bruised and scraped in the mug shot supplied by police.
After being treated at the hospital he was released and taken for arraignment in Livingston Court December 11, 2015 at 2:30 a.m.
In a video recording of the arraignment, Town Justice Robert Q. Moore asked Mr. Crimmins if there were medical issues the court should be aware of and what condition Mr. Agan is on medication for. Mr. Crimmins did not give specifics, but said his client has “mental health issues.”
Ms. Agan was granted temporary custody of the couple’s four boys, then a 14-year-old and 8-year-old triplets, in April 2015.
Mr. Agan also has a then 18-year-old daughter by a previous relationship.
Lt. Banbury said that at the time of the stabbing there was a court order against Mr. Agan protecting the four children he had with Ms. Agan. There was no order of protection for Ms. Agan, though there were incidents of domestic violence involving the family, with at least some of them happening “earlier this year,” the lieutenant said in 2015.
The children are now with family members.
In a follow-up phone call and email, DA Czajka said the new additional charges came about based on continuing work on the investigation of which State Police Senior Investigator William Mulrein and Investigator Andrew Behrens are in charge.
The DA said he could not comment on the number of victims involved in connection with the sex charges. He did say the number of counts in the indictment is the most he can remember.
Judge Koweek set pre-trial hearing dates for March 6 and 7, 2017, if needed, and the trial will get underway May 8, 2017. The judge said he allowed three weeks for the trial and all parties agreed that would be sufficient time.
To contact Diane Valden email