January 25, 2013

Man who assaulted officers gets 16 years in prison


---- — PLATTSBURGH — A three-time felony offender was sentenced recently to state prison for assaulting three parole officers last year.

Kip R. Banker, 45, of AuSable pleaded guilty in Clinton County Court to three counts of attempted assault of a police or peace officer and criminal mischief, according to the Clinton County District Attorney’s Office.

Banker was sentenced by Judge Patrick R. McGill to 16 years in prison with five years post-release supervision. Banker’s crimes carried a minimum of seven years in prison and a maximum of 67 years.

”We are extremely pleased with the sentence, in light of Mr. Banker’s history of violence, especially against law enforcement,” Assistant District Attorney Nicholas Evanovich said in the release. “It was a miracle that no one was seriously injured or killed that day.”


The assault happened on April 18, 2012, when Parole Officers Michael J. Moore and Matthew Daly and Senior Parole Officer Robert J. Fall were conducting a routine visit at Banker’s residence at 609 Allen Hill Road in AuSable.

Banker tried to flee the officers and ran into the woods. He was seen at 1:30 p.m. that day driving a farm tractor on Allen Hill Road.

When officers tried to stop him, Banker used the tractor to force a parole vehicle with three officers inside off the road. The vehicle almost plunged over an earth embankment with one of the officers trapped inside, the DA’s Office said in a press release.

Banker used the tractor to pin Moore, who had gotten out of the vehicle, against a tree. When Banker pulled the tractor away, it almost ran over the other officer, who had also managed to get out of the parole vehicle.

The officers fired in self defense, but no shots hit Banker, the DA’s Office said. Still on the tractor, Banker fled the site of the assault, later entering the woods on foot.

He was arrested shortly thereafter.

The parole officers were not seriously injured.

At the time of the crime, Banker was on parole supervision for a previous assault conviction, according to the DA’s Office.

Banker rejected plea offers of 10, 12 and 14 years incarceration at various stages of the case, the DA’s Office said. He eventually pleaded guilty to the entire indictment, including the attempted assaults and criminal mischief for totaling the parole vehicle.


It was not Banker’s first run-in with law officers. On Nov. 29, 2006, he led police on a high-speed chase in Clinton County and assaulted an officer, Carole Weaver, a spokesperson for the State Department of Corrections and Community Supervision, said in April 2012.

In 2008, Banker was given a determinant sentence of three and a half years for that crime, Weaver said.

He served two years and one month in state prison, Weaver said.

Banker was released May 6, 2010, with post-release supervision that would have continued a maximum of three years, until May of this year.

He was represented by attorney Matthew Favro.

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