ALBANY, N.Y. — An Albany man found guilty of murder in a robbery that turned deadly last December was sentenced Thursday.
Oscar Valcarcel, 42, was found guilty in September in the murder of 27-year-old Calen Capen. Officials said Valcarcel intentionally caused the death of the victim while in the course of committing a burglary and robbery.
Valcarcel chose not to address the court when given the chance prior to his sentencing. Judge Roger McDonough said it showed he still wasn’t taking responsibility.
Capen’s father appeared in court. He said he couldn’t comment, but Albany County Assistant District Attorney Eric Galarneau read what he had to say in court.
Valcarcel maintained his innocence. His defense attorney Michael Feit filed a notice of appeal.
“And I concede that there was a tremendous amount of circumstantial evidence which is different from direct evidence. Let’s put it that way,” he said.
Orysia said she’s known Valcarcel for 15 years. She chose not to give her last name, but she said Valcarcel was homeless at the time.
“Oscar is a calm, gentlemanly. Never saw one violent move on his part towards anyone in 15 years,” she said. “I feel he is going to be exonerated. When the right time comes, and they find the other two men that did this crime.”
Valcarcel was sentenced to 25 years to life in state prison in Albany County Court. Albany County DA David Soares said he was pleased with the sentence.
“I think the sentence reflects the severity of the conduct that he engaged in, and we’re very thankful for the family,” he said.
Soares also said his office was thankful for the police involvement, and Valcarcel did not get the maximum sentence which would have been life in prison without parole.