A former Herkimer police investigator that pleaded guilty to gambling away over $15,000 he stole from his department’s evidence room will still get retirement benefits.
The Herkimer Village Board voted Monday to pay Robert Risi, 42, a total of nearly $13,200 for accrued benefits from his 18 years on the force.

Risi will also receive annual state pension benefits of $29,497.68, said Emily DeSantis, state Comptroller's office spokesperson. The figure is based on years of service and salary, she added.
Mayor Mark Ainsworth said the village is “obliged” to pay Risi because he entered a letter of intent for retirement prior to any charges being filed or his subsequent conviction. “It’s the law,” Ainsworth added.
The money Risi is getting from the village is a combination of accrued sick time, vacation time and personal days, as well as longevity benefits and early retirement incentives, village officials said.
He was eligible for retirement having served in law enforcement for 20 years, including 18 years with Herkimer and two with another police department, Ainsworth said.
Risi was indicted in June 2009 after a state police investigation into more than $9,600 that was reported missing from the evidence room. He entered a not guilty plea.
Village police eventually discovered an additional $6,200 was missing, which could have brought further charges in the case. Risi then took an offer from Herkimer County Judge Patrick Kirk and pleaded guilty to felony third-degree grand larceny, agreeing to reimburse the village just over $15,800.
Risi was sentenced Jan. 21 to one-to-three years in state prison and admitted to having a gambling addiction. He has since reimbursed the village in full for the money the police department found to be missing.
But Risi is still entitled to his benefits because he submitted his letter of intent to retire prior to the March 31 deadline for the 2009-10 fiscal year, village officials said.
The state police investigation began in April of 2009 into the first report of missing funds, $8,733 related to an employee theft from Fastrac, law enforcement officials have said. Risi later admitted to taking small amounts of cash, including $877 seized during a marijuana arrest, beginning in November 2008.
Village officials on Monday did not have the exact date of Risi’s retirement letter, saying it came between the January to March 2009 submittal period for the following fiscal year.

DeSantis said the Risi's retirement took effect June 26, 2009.

Bryan Goldberger, the village’s labor attorney based in Albany, said there are a “bunch of folks” receiving state retirement benefits “even if you’re convicted of a crime.” This ability of state employees to access retirement benefits despite criminal convictions has many lawmakers calling for reforms to the pension system, he added.

Risi’s attorney, George Aney, had not returned a call as of Tuesday afternoon.