NORWICH – Jonathan Elwood will spend the next 20 years of his life in state prison after being found guilty of a violent home invasion in Sherburne in 2006.
On Nov. 28, a jury of nine men and three women found Elwood guilty of three counts of first degree burglary – one for injuring the victim during the break-in, one for using a deadly instrument (rifle) and another for using a loaded firearm. He was also found guilty of first degree criminal use of a firearm and a misdemeanor, petit larceny, for stealing up to $50 and a telephone.
“This defendant broke into a home with an AK-47 assault rifle and stood guard, shouting at the victim, while his co-defendant raped her. Most of our violent crimes, that come before this court, involve the victim having contact with the defendant, drugs or alcohol. This was a crime committed against a stranger,” said District Attorney Joseph McBride.
“I accept I will never know what the truth was,” said the victim. “I am still frightened and I am still a prisoner of my own fears,” she said to the court.
The District Attorney, victim and judge criticized Elwood’s testimony on the stand which claimed the two men were at the residence to sell the victim an assault rifle at 11 p.m. in order to earn money to heat his co-conspirator’s home. The victim said she did not personally know either men. Elwood also said he signed a written confession because police threatened to take away his daughter. Elwood also testified that he didn’t notice the rape taking place.
“I didn’t believe you when you testified and neither did the jury,” said County Court Judge W. Howard Sullivan.
“I ask that he never sees the light of day again,” said McBride in his final remarks to the court.
Elwood wrote a statement to the court and said he had decided not to read it after hearing the victim’s remarks, saying, “I came here to apologize ... all I can say is I’m sorry.”
“Your apology came too late, way too late and your testimony was inaccurate and untruthful,” said Sullivan.
Elwood, 30 of Ashcraft Road, Norwich, was arrested for a December 2006 home invasion three months after the crime took place. Police claim that DNA evidence found at the scene led them to arrest Elwood’s co-conspirator Stephen R. Ohl, 24, of Lawrence Road, Sherburne who then gave them information leading to Elwood.
Ohl confessed to his role in the crime and testified against Elwood at his trial in exchange for an 18-year prison sentence.
Elwood was armed with a pink colored AK-47 during the burglary, which he claimed wasn’t loaded. The home invasion that took place on State Hwy. 12B in the Town of Sherburne, Dec. 4, at around 11:30 p.m. The two suspects entered the home through physical force and attacked the owner. Ohl attempted to rape the 58-year-old homeowner in an apparent attempt to intimidate her from contacting authorities. The men stole less than $50 in cash. The victim was taken to Hamilton Hospital for her injuries and was eventually released. Ohl and Elwood were arrested March 20, 2007 following a lengthy investigation with the aid of forensic evidence.
After two and a half days of trial in November, it took a jury an hour and a half of deliberations before returning with a verdict of guilty concerning five of the eight counts against him.
Of the top charge against him, predatory sexual assault, the jury found Elwood not guilty. The jury also vacated Elwood for his involvement in the sexual attack upon the victim perpetrated by Ohl.