NORWICH – A 17-year-old youth pleaded guilty in court Friday without any conditions from the prosecution, placing himself at the mercy of the court after refusing to testify against his alleged co-conspirator.
Anthony J. Pierce, 17, pleaded guilty to the top charge against him, third degree burglary. The defense reserved its right to appeal and pleaded guilty after District Attorney Joseph McBride said he would ask for a “strong” sentence because, in his opinion, Pierce lied.
“Because he lied, he should go to prison for two and a third to seven years. If he wants to be a gangster, he can be a gangster in prison,” said McBride prior to Pierce making his plea.
This was the third time Pierce had appeared before the court in the last month to make a plea. Originally, the DA offered a plea bargain if he testified against his alleged co-conspirator, Daniel Sabines, 20. The two men were charged with breaking into Chenango Welding Supply March 10 and allegedly stealing $125 in cash. The plea bargain would have allowed Pierce to serve a year in the local jail instead of facing two and a third to seven years in state prison. Each time Pierce came to the court, he accepted his own role but refused each time to implicate any other parties.
Defense Attorney Scott Clippinger said, “It should be clear that he could have walked out of this court the last time we were here by just saying, ‘OK, I agree with that,’ but instead he chose to remain in jail. He admitted to his own culpability. What he won’t do, is testify to something he knows nothing about.”
Clippinger went on to say that other parties may have indeed committed a crime, but his client simply didn’t know for sure.
At the prior court hearing for Sabines, Trooper Timothy J. Thatford testified that Pierce told him Sabines was in the building with him but wouldn’t go on the record about it.
“I am deeply offended at the defendant’s decision to lie to the court by refusing to tell the whole truth, and the people reject the defendant’s plea,” said McBride.
On the same night of the Chenango Welding burglary, police say the suspects turned up at the New York State Veterans’ Home in Oxford. The DA claims they were intoxicated and asking for help because a car was in a ditch. One youth gave a false name to police and both denied being in the car at the time of the accident, said McBride.
The next morning, at around 7 a.m., the New York State Police were informed of the burglary and began an investigation. The Sheriff’s department contacted the troopers over the two suspects, Pierce and Sabines, who were being held over the Veterans’ Home incident.
“The deputies called and said that they had two people involved in an accident. Something was fishy about them. One gave a false name,” said Trooper Thatford on the stand.
Police discovered two separate sets of shoe prints in the snow outside and inside of the burglarized building. The prints allegedly matched Pierce’s and Sabines’ shoes. Also, police discovered a key to the business and rolled change in the crashed vehicle the suspects were allegedly driving.
Pierce and Sabines were both indicted by a grand jury on 3rd degree burglary (D felony) and petit larceny charges last month.
Sentencing was scheduled for a later date and County Court Judge W. Howard Sullivan accepted Pierce’s plea, warning the defense that the trooper’s testimony would be a factor in passing out sentence.
In an unrelated case, Pierce’s father, Timothy Pierce, also appeared in court that same day for DWI charges. He had just come off parole and was going to be released on his own recognizance provided he could pass a drug test. After assuring the court he would pass the test, he failed it. Probation reported traces of alcohol and cocaine in his system, and he was remanded back into prison after only being released for three days. Timothy Pierce’s bail was set at $25,000. Anthony Pierce was remanded pending his next appearance, when he will be sentenced.