TROY – Two veteran city detectives were indicted by a special Rensselaer County grand jury for allegedly covering up a warrantless search of an apartment by filing a fake burglary report and leaving behind more than four ounces of cocaine.

Detective Sgt. Ronald L. Epstein and Detective John A. Comitale Jr. were the only members of the city’s Firearms Interdiction and Narcotics Suppression Unit to be indicted for the June 2017 incident that split the elite unit about how to handle the case.

Epstein, a 20-year department member, was indicted for five felony counts and nine misdemeanors, while Comitale, a 29-year department member, faces one felony and three misdemeanors. The two detectives pleaded not guilty at their arraignments and were released on their own recognizance by Albany County Court Judge Peter Lynch, who opened the sealed indictment Friday afternoon at the Rensselaer County Court House.

The grand jury investigated whether a false burglary report was filed under Epstein’s orders in an attempt to cover up police entering a second-floor apartment at 112 Oakwood Ave. on June 9 without a search warrant. The probe rocked the drug unit and all of its members remain on paid leave.

“The conduct alleged in this indictment is an aberration,” Columbia County District Attorney Paul Czajka said, comparing it to his experience with the Troy Police Department since the early 1990s.

“This is a story of several courageous young Troy police officers who came forward at great risk to themselves and their careers to stop this. I commend them,” said Czajka.

Czajka was named as the special prosecutor for the case after Rensselaer County District Attorney Joel Abelove recused his office from it. The State Police investigated the case, turning it over to Czajka. The grand jury handed up the sealed indictments Tuesday, the day before its term expired.

Epstein’s and Comitale’s actions were scrutinized after two detectives questioned the warrantless search and its alleged cover-up by the police department's drug unit, city government and police sources said in June. Detectives Chris McDonald and Joshua Comitale reported the alleged incident through the chain of command and returned to duty within two weeks of it occurring.

Detective John Comitale is the father of Detective Joshua Comitale. The younger Comitale has been honored as a hero for his role in an Aug. 22, 2015, shootout in Lansingburgh in which he and Officer Chad Klein were severely wounded. Their attacker, Thaddeus Faison, was fatally shot.

The FINS unit went to the Oakwood Avenue residence after a tip was received through the Schenectady Police Department concerning drug activities in Troy, according to police sources. A decision that was made to enter the apartment where drugs were found, without a warrant and then to file the burglary report caused heated arguments among the detectives, police sources.

Defense attorneys Shane Hug and Andrew Safranko criticized Czajka for bringing the charges against the two detectives. They said the two detectives have exemplary records in law enforcement did nothing wrong while at the Oakwood Avenue residence.

Hug said the indictments occurred only because Epstein, his client, refused to agree to plead guilty to a previous nine-count misdemeanor indictment handed up in December.

“My client had the audacity to turn down a plea agreement,” said Hug. “We look forward to our day in court.

Comitale is a “very good police officer,” Safranko of LaMarche, Safranko Law said describing his client.

Epstein and Comitale were each indicted for second-degree criminal facilitation, a felony, for not taking possession of the four ounces of cocaine discovered in the apartment. In addition, the grand jury indicted them for three misdemeanors, second-degree criminal trespass for entering the apartment; fourth-degree criminal facilitation for not taking more than 1/8 of an ounce of cocaine from the apartment; and official misconduct for their intent “to conceal their unauthorized and unlawful entry into 112 Oakwood Avenue.”

Epstein was indicted with four additional felony counts including third-degree bribery, first-degree offering a false instrument for filing and two counts of first degree falsifying business records for the police report to allegedly coverup what happened.

In addition, Epstein was indicted on six misdemeanors for fourth-degree criminal mischief, two counts of official misconduct, two counts of second-degree falsifying business records, second-degree offering a false instrument for filing,