Man found innocent of DWI brought back for trial
NORWICH – The District Attorney’s Office has brought additional felony charges against a man found innocent of related charges earlier this year.
Mark Dexter, whose trail begins this afternoon, was found not guilty of driving while intoxicated. He was found guilty of driving while ability impaired - a far lesser charge - and is now being charged with bail jumping, a felony.
“This is an absurd case of vindictiveness. Mr. McBride is just mad he didn’t get Mr. Dexter on his DWI felony charge,” said Dexter’s attorney Jeffrey Leibo.
In the prior case, at about 11:30 p.m. on Aug. 30, 2002 in the Town of Greene, Dexter was involved in a tractor trailer accident. Dexter was driving a tractor trailer that was hauling precast concrete blocks weighing about 52,000 pounds North to Sherburne from Binghamton. When coming to negotiate a turn, he claimed his brakes locked and that he lost control of his rig. However, the officer and medical technician at the scene testified Dexter displayed signs of intoxication. After listening to testimony from both sides, a jury found him guilty of driving while ability impaired.
After his trial, District Attorney Joseph McBride decided to bring forth charges of bail jumping. The charge comes from a bench warrant for a Chenango DWI that was issued in 2003. After allegedly failing to notify the court within 30 days and not showing up for a court appointment the DA had the right to press bail jumping charges.
Leibo says Dexter had been stopped by police several times in the last three years, but was never notified a warrant was out for his arrest. “He sat in his home wondering about what was going on,” he said.
Dexter has two prior felony DWI convictions and has been arrested by police in Cortland County for a separate DWI charge. After that arrest, he was found to be wanted by county officials in Chenango for a DWI three years prior, and 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.
At the last proceeding, County Court Judge Howard Sullivan said both sides offered strong conflicting arguments saying, “It’s up to a jury, not me.” The court had released Dexter after fierce debate by the prosecution and defense. He is a life long resident in Cortland County where he lives with his wife and son. Dexter has appeared for all his scheduled court dates since being arrest on his DWI warrant.
e-mail: tmurphy@evesun.com
Mark Dexter, whose trail begins this afternoon, was found not guilty of driving while intoxicated. He was found guilty of driving while ability impaired - a far lesser charge - and is now being charged with bail jumping, a felony.
“This is an absurd case of vindictiveness. Mr. McBride is just mad he didn’t get Mr. Dexter on his DWI felony charge,” said Dexter’s attorney Jeffrey Leibo.
In the prior case, at about 11:30 p.m. on Aug. 30, 2002 in the Town of Greene, Dexter was involved in a tractor trailer accident. Dexter was driving a tractor trailer that was hauling precast concrete blocks weighing about 52,000 pounds North to Sherburne from Binghamton. When coming to negotiate a turn, he claimed his brakes locked and that he lost control of his rig. However, the officer and medical technician at the scene testified Dexter displayed signs of intoxication. After listening to testimony from both sides, a jury found him guilty of driving while ability impaired.
After his trial, District Attorney Joseph McBride decided to bring forth charges of bail jumping. The charge comes from a bench warrant for a Chenango DWI that was issued in 2003. After allegedly failing to notify the court within 30 days and not showing up for a court appointment the DA had the right to press bail jumping charges.
Leibo says Dexter had been stopped by police several times in the last three years, but was never notified a warrant was out for his arrest. “He sat in his home wondering about what was going on,” he said.
Dexter has two prior felony DWI convictions and has been arrested by police in Cortland County for a separate DWI charge. After that arrest, he was found to be wanted by county officials in Chenango for a DWI three years prior, and 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.
At the last proceeding, County Court Judge Howard Sullivan said both sides offered strong conflicting arguments saying, “It’s up to a jury, not me.” The court had released Dexter after fierce debate by the prosecution and defense. He is a life long resident in Cortland County where he lives with his wife and son. Dexter has appeared for all his scheduled court dates since being arrest on his DWI warrant.
e-mail: tmurphy@evesun.com
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