New Berlin cuts police chief title

NEW BERLIN – In December, the New Berlin Town Board dismissed its police chief over allegations of assault and now say they won’t be refilling the position.
New Berlin Town Supervisor Ross P. Iannello said the board had decided to no longer maintain the position of police chief, but would instead elect to appoint an officer in charge.
“We eliminated the position. There will be no more police chief. Someone will be in charge, but not a police chief,” said Iannello.
The board dismissed Police Chief Richard P. Kellar following a unanimous vote in executive session Dec. 8.
Kellar had been placed on paid suspended leave following his arrest by Chenango County Sheriff’s deputies on Oct. 31 in South New Berlin. Kellar was charged with third degree assault, a Class A misdemeanor, which carries a maximum sentence of one year in jail.
The board’s decision comes just after Kellar appeared in Town of Norwich Court Dec. 4 to answer to charges that he allegedly assaulted a New Berlin man while he was off duty, breaking two of the victim’s arms in the process.
Kellar, 43, pleaded not guilty to the misdemeanor charge and has requested a civil hearing with the board to possibly dispute his termination.
“Every officer has a right to a hearing in front of the board within 30 days of final dismissal and we have to set a hearing up,” said Iannello.
He also said that the victim in the case has also filed a notice of claim with the town, indicating that a civil lawsuit could be a consideration.
Iannello said the town was waiting to appoint an officer in charge until after the criminal case with Kellar had been settled.
“There are a number of factors resting on the ultimate disposition of this case,” said Assigned Special Prosecutor Paul Tomkins of Binghamton.
Tompkins said no new update had been made in the case and that he was preparing to go to trial. He said he expected the matter to be back in Town of Noriwch Court by late February.
The victim in the case, who asked not to be identified for fear of reprisal from law enforcement, said Kellar broke his right forearm and left wrist in the altercation. He also said he had to go through surgery at A.O. Fox Memorial Hospital in Oneonta to have a plate and pin implanted following the incident.
The alleged victim also admitted to harassing a female friend of Kellar’s while drinking at a South New Berlin bar on a prior occasion and said it was the source of the physical conflict.
Tomkins confirmed that Kellar had a prior assault conviction from 1995 where he pleaded to misdemeanor assault. The prosecutor would not elaborate on the circumstances of the charge.
Tomkins said witnesses told police that Kellar sought the victim out after drinking at a friend’s residence in South New Berlin. The victim was also drinking separately at the Southtown Pub, he said.
Tomkins said it appeared that the victim was hit and injuries were the result of a fall.

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