Felony charge dismissed against one arrested in PD probe last week
NORWICH – Felony charges against a man arrested in last week’s drug bust and murder plot investigation were dismissed in City Court Friday.
Chester Black Jr., 19, Elmira, was charged with third degree criminal mischief for allegedly prying a pebble-sized chip of concrete from a cell block at the Norwich Police Department and scratching the letters “B-L-A” in a metal cell door.
“As far as showing this court that there was reasonable cause to the felony charge of third degree criminal mischief, this court is not satisfied and dismisses the felony charge without prejudice,” said Acting City Court Judge Maureen Byrne.
Black was arrested following an investigation into local drug activity. During that investigation, police also arrested Mathew C. Smith, 27, of the Elmira and Norwich areas, and Robert W. Gallo Jr., 25, of 22 Sheldon St., Norwich, and charged them with second degree conspiracy, for allegedly planning to kill two Norwich City Police officers.
Patrolman Jeremy Burdick testified Friday that officers evaluated the cell block damage to exceed $250 and charged Black with a felony last Tuesday. Later in the week, police had the city’s Department of Public Works evaluate the damage, and they estimated it to be around $325 because it required removing a concrete block from the wall. In court, a Public Works employee with 20 years of experience in the department, Mark Williams, testified that the damage could be repaired for considerably less if it was repaired using a different spackling technique. Williams, however, recommended the block be replaced, saying, “Because it was a jail cell and not somebody’s garage, I figure we ought to replace the whole block.” Williams said he was concerned a future inmate might continue to work the damaged block since the concrete, now exposed, was not sealed.
Burdick testified that he could not tell the court if Black had been charged with anything prior to being charged with damaging the cell. Burdick said when he came into work that day, he had “no idea” why Black was in the cell and was never informed of the nature of his presence.
“The officer’s story is that he came into work, had three people in their holding cells during this investigation into a death threat against one of their own officers, and not one person there told him during his entire shift, why my client or any of the other prisoners were there? And then suddenly the next day, after holding him for seven hours, they charge him with a felony over carving his name on the door,” said Black’s defense attorney, Randel Scharf.
Byrne said after her ruling that the officer’s story was completely credible.
Burdick testified he saw Black moving his hand suspiciously over the wall and went into his cell to stop him from damaging it. Prior to that instance, Black testified he was held in the department’s cell for over three hours without being told why he was there. Black was not charged with writing on the cell door until nearly four hours later and has not been charged with any additional crimes.
Black was released Friday and now the District Attorney’s office has to consider whether or not to bring the charges before a grand jury, said Assistant District Attorney James P. Chamberlain.
Before Black’s case was heard, an alleged co-conspirator, Adam Maricle, charged with the third degree criminal sale of a controlled substance, also appeared before Judge Byrne. For that proceeding, eight people were held in the city court’s waiting room – including the press – while the case was heard behind closed doors.
Officials at the court said there had been a miscommunication between the bailiffs which resulted in court being unnecessarily closed to the public. Prosecutors had scheduled to have a witness testify in court, but the defense waived its right to a felony hearing and they were not required to appear.
Byrne said she had not ordered the proceedings closed and was unaware that people were not being allowed in. Officials did allow a recorded version of the proceedings to be heard by the press following the case and apologized for the mistake.
Both Smith and Gallo were scheduled to appear in Norwich City Court this morning at 9 for their felony hearings.
Chester Black Jr., 19, Elmira, was charged with third degree criminal mischief for allegedly prying a pebble-sized chip of concrete from a cell block at the Norwich Police Department and scratching the letters “B-L-A” in a metal cell door.
“As far as showing this court that there was reasonable cause to the felony charge of third degree criminal mischief, this court is not satisfied and dismisses the felony charge without prejudice,” said Acting City Court Judge Maureen Byrne.
Black was arrested following an investigation into local drug activity. During that investigation, police also arrested Mathew C. Smith, 27, of the Elmira and Norwich areas, and Robert W. Gallo Jr., 25, of 22 Sheldon St., Norwich, and charged them with second degree conspiracy, for allegedly planning to kill two Norwich City Police officers.
Patrolman Jeremy Burdick testified Friday that officers evaluated the cell block damage to exceed $250 and charged Black with a felony last Tuesday. Later in the week, police had the city’s Department of Public Works evaluate the damage, and they estimated it to be around $325 because it required removing a concrete block from the wall. In court, a Public Works employee with 20 years of experience in the department, Mark Williams, testified that the damage could be repaired for considerably less if it was repaired using a different spackling technique. Williams, however, recommended the block be replaced, saying, “Because it was a jail cell and not somebody’s garage, I figure we ought to replace the whole block.” Williams said he was concerned a future inmate might continue to work the damaged block since the concrete, now exposed, was not sealed.
Burdick testified that he could not tell the court if Black had been charged with anything prior to being charged with damaging the cell. Burdick said when he came into work that day, he had “no idea” why Black was in the cell and was never informed of the nature of his presence.
“The officer’s story is that he came into work, had three people in their holding cells during this investigation into a death threat against one of their own officers, and not one person there told him during his entire shift, why my client or any of the other prisoners were there? And then suddenly the next day, after holding him for seven hours, they charge him with a felony over carving his name on the door,” said Black’s defense attorney, Randel Scharf.
Byrne said after her ruling that the officer’s story was completely credible.
Burdick testified he saw Black moving his hand suspiciously over the wall and went into his cell to stop him from damaging it. Prior to that instance, Black testified he was held in the department’s cell for over three hours without being told why he was there. Black was not charged with writing on the cell door until nearly four hours later and has not been charged with any additional crimes.
Black was released Friday and now the District Attorney’s office has to consider whether or not to bring the charges before a grand jury, said Assistant District Attorney James P. Chamberlain.
Before Black’s case was heard, an alleged co-conspirator, Adam Maricle, charged with the third degree criminal sale of a controlled substance, also appeared before Judge Byrne. For that proceeding, eight people were held in the city court’s waiting room – including the press – while the case was heard behind closed doors.
Officials at the court said there had been a miscommunication between the bailiffs which resulted in court being unnecessarily closed to the public. Prosecutors had scheduled to have a witness testify in court, but the defense waived its right to a felony hearing and they were not required to appear.
Byrne said she had not ordered the proceedings closed and was unaware that people were not being allowed in. Officials did allow a recorded version of the proceedings to be heard by the press following the case and apologized for the mistake.
Both Smith and Gallo were scheduled to appear in Norwich City Court this morning at 9 for their felony hearings.
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