By NICOLE ANTONUCCI
FONDA -- The father of a convicted teenage killer is preparing for the possibility he will be sued by a mother of one of the Amsterdam boys his son killed in 2012.
A petition was filed at the Montgomery County Clerk's Office Monday on behalf of Timothy Brasmiester, the father of Anthony Brasmiester, who pleaded guilty last summer to the murder of 16-year-old Paul Damphier and 13-year-old Jonathan DeJesus.
Attorney Paul A. Hurley said he is seeking a court order on behalf of Timothy Brasmiester directing District Attorney James E. "Jed" Conboy to preserve any and all evidence related to the criminal case, including the rifle used.
Hurley said the order was filed in response to a letter he received about possible litigation by Sandra Damphier, the mother of Paul Damphier.
"I wanted the evidence preserved in the event that this action is brought so I can have it inspected to defend my client," Hurley said.
According to court documents, in October 2013, Damphier's attorney Elmer Robert Keach III notified Timothy Brasmiester that Sandra Damphier had retained him to represent her in a wrongful death suit regarding the death of her son.
Anthony Brasmiester and Matthew Phelps on July 9, 2012, shot both Damphier and DeJesus in their foreheads at a densely wooded area near a town of Florida soybean field. Several days after killing the pair, Phelps and Brasmiester returned to the scene of the crime and dismembered the boys' bodies with a machete, and put several body parts into plastic bags. Their remains were found 10 days later.
Timothy Brasmiester reportedly forwarded the letter from Keach to his insurance carrier, New York Central Mutual Fire Insurance Company. The company hired Albany Investigation and Process Services to obtain information about the criminal proceeding, and to secure the evidence related to case against Anthony Brasmiester and Phelps.
On Jan. 31 Conboy responded to investigation service that pursuant to penal code, the weapon must be declared a nuisance and be destroyed.
"There is a section in the penal law that requires the destruction of any firearm commissioned in the use of a crime so eventually those firearms would be destroyed," Conboy said on Friday.
In response, Hurley was hired to represent the Brasmiester in connection with a wrongful death action suit. It has yet to be filed, but Keach said it's coming.
"The parents of both of the victims of these criminal acts are in the process of obtaining limited letter of administration and filing a wrongful death lawsuit to address the death of their sons," Keach said.
He declined to disclose when his clients would file their suits.
On Dec. 20, 2012, Anthony Brasmiester and Phelps were indicted on two counts of second-degree murder. They pleaded guilty within weeks of each other to both counts.
Phelps, who was 15 at the time of the murders, will spend between 15 years to life behind bars, while Brasmiester, who was 16, will spend 25 to life.