NORWICH – A case with domestic violence overtones played out in Chenango County Court last week, involving a plea that left both sides angry with the outcome.
Twenty one-year-old Robert A. Mowers II pleaded guilty to felony second degree reckless endangerment, in an Alford plea, over allegations that he attacked and beat his long-time girlfriend, causing multiple fractures to her jaw and chipping her teeth. The Alford plea, allowed by New York state law, acknowledges no wrongdoing on the part of the defendant, yet accepts punishment for the crime in lieu of a trial.
Mowers was arrested after the April 18, 2008 incident, outside of a Drake Lane apartment in New Berlin, recently rented by the couple.
“You’re not admitting anything, you’re just pleading guilty in the technical legal sense,” explained Defense Attorney Scott Clippinger.
Madison County Court Judge Donald Cerio accepted Mowers’ plea arrangement with the District Attorney’s Office and sentenced him to one year interim probation. If successfully completed, one year from July 1, the court could reconvene and allow Mowers to plead to a reduced misdemeanor instead. However, District Attorney Joseph McBride reminded Mowers that if he violates any of the terms of his probation in that time, he faces up to seven years in state prison.
The terms include staying away from the victim and seeking alcohol abuse counseling, among other requirements. The judge also issued a year long order of protection, saying another would later be issued when the court returned to review the case that would be the longest allowed by New York state law.
Originally Mowers was charged with first degree reckless endangerment, a Class D felony, for allegedly “creating a grave risk of death” to the victim and first degree unlawful imprisonment, a Class E felony, for holding her against her will.
Clippinger told the court that the victim in the case was prone to anxiety blackouts, mental distress and had been arrested on a prior occasion for making false statements to police. He said it was his client’s position that the woman collapsed and injured herself and then blamed Mowers for the injuries because she was vindictive over their relationship.
Clippinger pointed out that his client took the victim to the hospital following the incident. Clippinger also admitted that the two had a turbulent personal relationship since they were in high school.
However, the victim in the case, who gave permission for her name to be published, 20-year-old Logan Adsit, claimed she was attacked from behind by Mowers, who was her boyfriend at the time, and choked to unconsciousness. She said when she awoke she had a broken jaw and other injuries that she suspected were the result of a beating given to her by Mowers.
Adsit alleged a long history of abuse by Mowers and was critical of outcome of the case.
“I feel as I have not been represented properly throughout this whole ordeal, and the court system has failed to protect me,” she said following the court hearing.
She also said both she and Mowers are from the Oteselic Valley area, less then ten minutes apart by car and she worries about running into her alleged attacker at community and social events.
“In here (the courtroom) people act differently than they will out there. I don’t know what I’m going to do. I don’t want to feel like a prisoner in my own hometown,” said Adsit.
Mowers and his mother were also critical of the outcome of the case.
“He took her to the hospital right after she received her injuries and then stayed there with her. I just don’t see how all this could happen with just her word against his, especially given her past and the questions about credibility,” said Mowers’ mother, who did not want to be named.
She also said she and her son later drove Adsit to Syracuse for further treatment.
“Mr. Mowers is aware that given the venom such accusations can have on a jury, even when they’re under questionable evidence and without witness testimony, we’d be looking at about a 50/50 toss up at getting an acquittal,” Clippinger said to the judge.
He told the court that the Alford plea and interim probation were acceptable outcomes for his client, who wished the case to come to an end.
“I believe it is in Mr. Mowers’ best interest to remain away from Logan Adsit and I don’t think he disagrees with that,” said Clippinger.
“Obviously Chenango County isn’t serious about tackling the domestic violence issue in the area. My daughter felt more like a defendant in this case than she ever did a victim. What sort of message are we sending to all the other abused woman out there?” said Adsit’s mother following the proceeding.