NORWICH – Two men accused of plotting to kill Norwich Police officers walked away from City Court Monday afternoon with the charges against them dismissed.
Mathew C. Smith, 27, of the Elmira and Norwich area, and Robert W. Gallo Jr., 25, of 22 Sheldon St., were accused last week of conspiring to kill Norwich Police Officer Reuben Roach and his father, retired Norwich Police Chief Murray Roach.
After nearly two hours of testimony by a single witness, District Attorney Joseph McBride asked the court to dismiss the charges when her story fell apart on the stand.
The only witness called during the felony hearing was Gallo’s neighbor, Thendara Hyder Hartwell, 33, of Sheldon Street. Under oath, Hartwell told the district attorney she had mistakenly identified Smith as being involved in the alleged murder plot. “Mr. McBride, I can’t lie. That’s not the man,” said Hyder.
Later, McBride told the court that the evidence against Gallo was dependent on evidence associated with Smith, and asked for the charges to be withdrawn against both defendants.
Hartwell’s original statement to police claimed she overheard conversations involving Smith and Gallo in which they allegedly talked about killing police officer Roach. She also told the court she overheard them saying that if they couldn’t get to Roach, then they would go after his father and family because Roach was helping to “take out all their key players.”
Hartwell then pointed out a man in the gallery as the man she had seen on the night in question, but once he stood up, she admitted that he was not the man, either.
Gallo’s defense attorney Peter McBride objected repeatedly throughout the hearing after Hartwell recanted her original testimony. Hartwell was cross-examined for over an hour and revealed that she was currently charged with petit larceny and violating her probation in Norwich Town Court. Hartwell also said she never actually saw Gallo while he made the threats, but knew the sound of his voice.
Hartwell said that she was told by a close friend that a “hit” was placed on her and her family after she gave her statement to police.
When questioned about who this person was, Hartwell asked to invoke the Fifth Amendment, saying, “I already put my family in danger. I don’t see how it makes sense putting their family in danger too.”
Hartwell made several references to drug-related activity at Gallo’s apartment, claiming that on one occasion she counted 44 people visiting the home in one day and witnessed drug transactions take place in the street outside out his apartment.
The defense side of the courtroom rang out with cheers and applause on several occasions during the proceeding and had to be quieted by court officials following the dismissal of the charges.
“If someone got to her, I can certainly understand her fear for herself and for her family. All I can say is the matter is still under investigation. We will aggressively prosecute any drug activity discovered,” McBride said.
City Court Judge Maureen Byrne order that Smith and Gallo be released and dismissed the charges without prejudice. The District Attorney’s Office still has the option of bringing charges against the two men to the grand jury next month.
After the ruling, Norwich Police Chief Joseph Angelino said, “It’s unfortunate, but we can’t predict every aspect of an investigation. Once on the stand, the witness changed her testimony from what she had originally told investigators. We received what we believed to be a credible threat against our officers and were forced to act. The matter is still under investigation.”
Smith and Gallo were originally held on $1 million bail but will now be released as soon as they are processed by the Chenango County Sheriff’s Office.
Friday, the felony charge against Chester Black Jr., 19, was dismissed following his felony hearing in city court. Allegedly Black pried 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.
Black was arrested along with several other in a joint police investigation into local drug activity in the City of Norwich, including Smith and Gallo. All three men are now currently free.
The last person arrested in connection to the drug bust by the Norwich PD was Adam Maricle, 27, Natoli Ave., Norwich. He is charged with third degree criminal sale of a controlled substance. Maricle waived his right to a felony hearing and is currently being held in the Chenango County Correctional facility on $100,000 bail.