On a late summer evening over Labor Day weekend in 2020, a gathering among friends in the Adirondack town of Old Forge, New York, took a tragic turn, ending the life of 50-year-old Scott R. Krempler. A retired FDNY lieutenant and U.S. Air Force veteran from Patterson, New York, Krempler was a married father of two who was known for his love of the outdoors and his dedication to his family and friends.
The night of September 5, 2020, began with a party where an argument broke out.
The dispute later moved to the driveway of a residence on Dan-Bar Acres Road, the second home of Stephen E. Swanton, a 43-year-old from Rochester. At approximately 8:30 p.m., the verbal altercation escalated dramatically. Swanton allegedly brandished a handgun and fired at both Krempler and another man, 55-year-old William J. Robertello of Oriskany, New York. Krempler was pronounced dead at the scene, while Robertello sustained a gunshot wound and was transported to a hospital in Syracuse, where he was treated and released.
Law enforcement from the towns of Webb and Inlet responded to what was initially reported as a home invasion and took Swanton into custody without incident. He was subsequently charged with second-degree murder for the death of Scott Krempler and second-degree attempted murder for the shooting of William Robertello. Following a Skype arraignment, Swanton was remanded to the Herkimer County Jail without bail.
In December 2021, a jury found Stephen Swanton guilty of the charges, and he was later sentenced to a term of 45 years to life in prison. However, the legal battle was far from over. In a significant development in May 2023, the New York State Supreme Court's Appellate Division unanimously reversed Swanton's conviction. The court ruled that the presiding judge had made a critical error by failing to properly instruct the jury on the defense of justification. This decision vacated the original verdict and sentence, granting Swanton a new trial.
