Repeat offender brought back for more charges
NORWICH – Chenango County is pursuing felony charges against a man found innocent of related charges earlier this year. Mark Dexter was found not guilty of driving while intoxicated, but a jury convicted him of driving while ability impaired, a lesser charge. District Attorney Joseph McBride is now charging Dexter with bail jumping, a felony.
Dexter’s attorney Jeffrey Leibo said, “This is an absurd case of vindictiveness. Mr. McBride is just mad he didn’t get Mr. Dexter on his DWI felony charge.”
On Aug. 30, 2002 at about 11:30 p.m., in the Town of Greene, Dexter was involved in a tractor trailer accident. Dexter was driving the tractor trailer, carrying precast concrete blocks weighing around 52,000 pounds north to Sherburne from Binghamton. When negotiating a turn, Dexter claimed his brakes locked up and he lost control of his rig. The officer and emergency medical technician at the scene testified that Dexter displayed signs of intoxication. Officer Steven White testified in court that Dexter had failed a field sobriety test. A jury later found Dexter not guilty of driving while intoxicated, but guilty of driving while ability impaired. He is now being charged with bail jumping.
A bench warrant was issued by the county court for the DWI in 2003 because Dexter failed to notify the court within 30 days of missing his court appointment. The county then had the right to press bail jumping charges, but did not do so until after his 2006 DWI trial.
Dexter has two prior felony DWI convictions and was arrested by police in Cortland County for a separate DWI charge. After that arrest, he was found to be wanted by officials here for a DWI three years prior. He was then turned over to Chenango County Sheriff’s Department.
District Attorney Joseph McBride said the timing of the charges was irrelevant and that a crime had been committed. “He knew he was in trouble, he knew what was going on. Any mishap is irrelevant. There is no excuse to account for three years. It doesn’t matter if he was just sitting at home the whole time, it was his responsibility,” the D.A. said.
Leibo said Dexter had been stopped by police several times in the last three years and was never notified that a warrant was out for his arrest. “He sat in his home wondering about what was going on,” said Liebo.
County Court Judge Howard Sullivan said both sides offered strong arguments, saying, “It’s up to a jury, not me.” The court released Dexter after lengthy debate by the prosecution and defense. He is a life-long resident of Cortland County where he lives with his wife and son. Dexter has appeared for all his scheduled court dates since being arrested on his DWI warrant.
Dexter’s attorney Jeffrey Leibo said, “This is an absurd case of vindictiveness. Mr. McBride is just mad he didn’t get Mr. Dexter on his DWI felony charge.”
On Aug. 30, 2002 at about 11:30 p.m., in the Town of Greene, Dexter was involved in a tractor trailer accident. Dexter was driving the tractor trailer, carrying precast concrete blocks weighing around 52,000 pounds north to Sherburne from Binghamton. When negotiating a turn, Dexter claimed his brakes locked up and he lost control of his rig. The officer and emergency medical technician at the scene testified that Dexter displayed signs of intoxication. Officer Steven White testified in court that Dexter had failed a field sobriety test. A jury later found Dexter not guilty of driving while intoxicated, but guilty of driving while ability impaired. He is now being charged with bail jumping.
A bench warrant was issued by the county court for the DWI in 2003 because Dexter failed to notify the court within 30 days of missing his court appointment. The county then had the right to press bail jumping charges, but did not do so until after his 2006 DWI trial.
Dexter has two prior felony DWI convictions and was arrested by police in Cortland County for a separate DWI charge. After that arrest, he was found to be wanted by officials here for a DWI three years prior. He was then turned over to Chenango County Sheriff’s Department.
District Attorney Joseph McBride said the timing of the charges was irrelevant and that a crime had been committed. “He knew he was in trouble, he knew what was going on. Any mishap is irrelevant. There is no excuse to account for three years. It doesn’t matter if he was just sitting at home the whole time, it was his responsibility,” the D.A. said.
Leibo said Dexter had been stopped by police several times in the last three years and was never notified that a warrant was out for his arrest. “He sat in his home wondering about what was going on,” said Liebo.
County Court Judge Howard Sullivan said both sides offered strong arguments, saying, “It’s up to a jury, not me.” The court released Dexter after lengthy debate by the prosecution and defense. He is a life-long resident of Cortland County where he lives with his wife and son. Dexter has appeared for all his scheduled court dates since being arrested on his DWI warrant.
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