NORWICH – A man accused of burning down a Town of Afton home after burglarizing it asked to be released of his $50,000 bail in Supreme Court Friday, citing his drug addiction, lack of employment and prior criminal history.
The Chenango County Sheriff’s Office arrested Eric A. Nelson, 25, and Felix J. Hartman, 21, both of Afton, and charged them with second degree burglary and third degree arson, both class C felonies.
According to police, Nelson and Hartman entered the home at 331 State Highway 41, in the midnight hours of May 30 to steal an air conditioner, food and other assorted items of smaller value.
Police said a $300 air conditioning unit was the most expensive item taken and accounted for more than half of the value of all the stolen property.
Undersheriff Ernest R. Cutting Jr. alleges that after the defendants had taken the items, they decided to set the two story home, valued at $240,000, on fire so they could “cover their tracks.”
Crews responded a fire that completely destroyed the home at 3:45 a.m. May 31.
Nelson and Hartman were arrested and remanded to the Chenango County Correctional Facility on $50,000 following their arraignments in Town of Afton Court.
Nelson appeared before Supreme Court Justice Kevin M. Dowd Friday with his defense attorney Peter McBride to request that he be released without bail. His motion was denied.
“He’s a life-long member of our area and on the numerous occasions in the past when he’s been in trouble, he’s appeared without incident,” said Peter McBride.
District Attorney Joseph A. McBride balked at the request and asked that the bail instead be doubled to $100,000.
“As you can see judge, this defendant’s rap sheet includes eight prior incidents with the law, many given youthful offender status, including previous burglary and petit larceny offenses,” said Joseph McBride.
The DA said he considered Nelson an “extreme flight risk.”
The defense said Nelson had a seasonal contracting job waiting for him if the judge decided to release him.
“Currently your honor, he has no resources and no one to post bail for him,” said Peter McBride.
Dowd noted that at the time of Nelson’s arrest, he was unemployed.
“Yes, your honor, that is correct. But apparently his work is seasonal and employment is now available to him, if he’s able to get out,” said Peter McBride.
Peter McBride also asked the court to take Nelson’s substance abuse problems into account and offered to have him report to the drug treatment coordinator for monitoring. “He has a severe drug problem, according to him,” said the defense attorney.
“He torched, for no reason, a beautiful home in our community for fun and to entertain his friends. We strongly object to any reduction,” said the DA.
Dowd remanded Nelson back to the Chenango County Correctional Facility on $50,000 cash bail.
The alleged victims were not home the night of the fire, but the residence and all remaining possessions in the home were destroyed.
Sheriff’s Lt. James Lloyd reported the home belonged to a couple who was in the process of moving their items to a newly purchased property in the Coventry area. On the night of the fire, the couple was residing at their new address.
Nelson and Hartman are scheduled to appear in Town of Afton Court for their felony hearings tonight. Joseph McBride said he intended to bring both men before the grand jury on the felonies, each of which carries a maximum possible sentence of 15 years in state prison.