SHERBURNE – A 24-year-old New Berlin man was shot and killed early Saturday morning in the Village of Sherburne as he attempted to drive away from his assailant in his Ford Explorer.
Joshua T. Story, 23, of 33 Classic St., Sherburne has been charged with the second degree murder of Kallin P. Richards, 24, New Berlin. The crime allegedly took place just after 2:30 a.m. in the parking lot outside of Story’s residence at Sherburne Meadows Apartments.
The two men had a personal relationship and both were working together at Baillie Lumber in Smyrna, said District Attorney Joseph McBride. Chenango County Sheriff Thomas Loughren said the two men had spent the night drinking together at a local bar and were playing cards at Story’s apartment prior to the murder. An unidentified third person was also with the two men Saturday night and Loughren said they were the only “direct witnesses to the crime.” That witness called 911 shortly after the incident, but police had already been called by neighbors who heard the gunshot and the two men arguing.
“Our investigation revealed that a physical confrontation had occurred between the deceased and a resident of the apartment complex in the parking lot just prior to the shooting,” said Loughren at a press conference Saturday afternoon.
Police said almost immediately following the dispute, Mr. Richards got into his 2000 Ford Explorer and Story went back into his apartment to retrieve a 12-gauge shotgun. Story then allegedly returned to the parking lot and shot the 24-year-old victim through the driver’s side window, striking him in the upper torso as he attempted to pull out of the parking lot. The truck then drifted to a stop after hitting a tree.
Forensic pathologist Dr. James Terzian said Sunday that Mr. Richards had died from a gunshot wound to the heart and liver.
Loughren said police arrived at the scene and discovered the victim dead in his truck and after a talking to neighbors, deputies apprehended Story, who was still in his apartment, without incident. A search warrant was served shortly thereafter for the defendant’s apartment and police recovered a 12-gauge shotgun. Police also impounded the vehicle and took it to the Sheriff’s Office where it was examined by forensic investigators, said Loughren.
The Norwich and Sherburne police and New York State Troopers also responded to the scene.
Story was arraigned in the Town of Sherburne Court at 2:15 p.m. Saturday before Justice Jim Peptis and public defender John D. Cameron was assigned as his counsel. The felony complaint filed by the court included the defendant’s “oral admissions” as part of the evidence against him.
Story was remanded to the county jail and because he is charged with a class A felony, he will be ineligible for bail because of the nature of the charge until he appears in county court. Before appearing in county court however, Story is scheduled to appear at 7 p.m. Thursday in Village of Sherburne Court for a felony hearing.
McBride said he did not anticipate any additional charges.
Mr. Richards was arrested earlier this month for allegedly stealing a car in the Town of New Berlin and was bailed out of jail during the week before Saturday’s shooting.
Previously, he served two years in prison for third- and fourth-degree criminal possession of stolen property.
Loughren said at the press conference that Richards “had an extensive criminal record,” and that “he is no stranger to us here at the Sheriff’s Office.”
The investigation is continuing. Anyone with information is asked to contact Lt. James Lloyd at 337-1864.