Published: October 02, 2009 06:16 pm      

COURTS: Workplace shooter given probation

For William Rosati, Aug. 22, 2008, was a really bad day.

He went on a shooting spree inside his workplace and then climbed onto a frontloader and smashed the roof and ripped the gutters off the building.

On Friday, Rosati was sentenced to three years probation for his guilty plea to a charge of second-degree menacing in connection with the incident, in large part because he is still employed as an operations supervisor at National Maintenance Contracting Corp. and because both his boss and his fellow employees have rallied to support him.

“The people that I work with know (the incident) was out of character,” Rosati said after his sentencing. “It was a one-time incident.”

City Court Judge Robert Merino said he had been impressed by letters he received from Rosati’s employer and co-workers, as well as ones from what he described as “highly reputable individuals.” Yet, Merino declined to follow a recommendation by the Niagara County Probation Department that Rosati be given a conditional discharge in the case.

“I am not going to follow the recommendation,” Merino said, “because there are conditions for substance abuse verification and mental health evaluations and I believe the probation department is more qualified than I am to supervise your mental health treatment. I’m concerned that we’re talking about handguns here, that’s what bothers me the most.”

During the three years of probation, Rosati must undergo substance abuse and mental health evaluations, continue in mental health programs he’s currently enrolled in and perform 100 hours of community service. Merino also fined him $500.

“He had no prior criminal record,” defense attorney James Faso said. “He is an exemplary employee. This was a one-time incident, I can assure it will never happen again.”

Rosati told police he has no recollection of what happened at his workplace. Outside of court, he said what he knows about what happened came from reading police reports on the incident and witness statements.

“It was a black-out situation,” he said. “I have a lot of relatives in important positions that I’ve embarrassed. I’m very appreciative of the support that has come out for me.”

The bizarre incident took place on a Friday and began around 11:30 a.m. while Rosati and a co-worker were in their shared office. The co-worker said Rosati pulled a gun out and began firing shots into the hardwood floor.

The man said he then got up from his work and Rosati fired a couple of shots into a binder he was working on.

Rosati left the office, walked into a hallway and opened fire on some water cooler jugs, hitting at least one and letting water spill on the floor. He then walked into a machine shop and encountered another co-worker.

That co-worker told police that Rosati “head butted” him and when he told him to stop, Rosati pulled out the gun, held it to the co-worker’s hand, then moved it and fired a shot into the floor before pointing the gun at the other man’s face.

“He did not say anything,” the co-worker told police later. “He was just smiling.”

After walking away from the co-worker, Rosati went outside and got on a piece of excavating equipment. Witnesses said it appeared he was trying to dig a hole.

“He was smashing the bucket of the machine into the ground,” one co-worker said. “Then he ripped the gutter off and smashed the roof.”

His co-workers managed to disarm Rosati, who then left work and apparently drove home. The incident went unreported for three days, until the company owner returned from an out-of-town trip.

Co-workers told police they had not been alarmed by the incident.

Rosati told police he had failed to take some medication earlier that day and drank for the first time in almost nine months. He said he had “three sips” of what he thought was whiskey.

“The next thing I remember was waking up at home,” Rosati told detectives. “I couldn’t tell you what I did, but I have heard stories.”

In return for his guilty plea, Rosati, 49, 7628 Sunnyside Drive, Town of Niagara, had a charge of first-degree reckless endangerment dismissed. He previously surrendered four handguns to police, including a .380-caliber Colt semi-automatic that was used in the shooting.

“I do like my job,” Rosati told reporters after his sentencing. “I want to keep it.”