NORWICH – Two people were scheduled to appear in Chenango County court Tuesday with the possibility they would be more lenient treatment for their drug- motivated crimes. Instead, both defendants admitted they’d violated court orders with their continued substance abuse and both were placed behind bars.
“We can’t tolerate people breaking the law just because they’re drug users,” Supreme Court Judge Kevin M. Dowd told one defendant after revoking the possibility of attending Chenango County Drug Court. He sentenced the defendant to state prison after the teen tested positive for marijuana use while applying for the program.
First to appear was admitted drunk driver 49-year-old Terri M. Furgeson, who pleaded guilty and was released in October on the condition she not drink alcohol. She was due to report back to the court to receive sentence in January; Dowd had said he would consider a lighter term if she remained out of trouble.
But Furgeson was arrested again on her birthday, Dec. 13, in the Town of Afton for driving while intoxicated and operating a reportedly stolen car. Although arrested in Chenango, the stolen car was a Broome County case and is pending in Broome County Court. She was indicted for another charge of felony DWI by a Chenango County grand jury Wednesday.
Furgeson spoke at length in court about how the arrest was a misunderstanding, but she did admit to consuming alcohol, a violation of the terms of her original release.
“That issue is not before this court and you may well be innocent of the charge. As I sit here I honestly don’t know, but I’m willing to give you the benefit of the doubt; that’s what our system does. If I knew you were guilty, you’d be getting a much stiffer sentence, I can promise you that though,” said Dowd in reference to the pending charges. “What’s before this court is that you were released under certain terms, one of them being not to consume alcohol and in general be a well behaved person. You couldn’t do that, so here we are. You admit to drinking alcohol even though you were ordered not to. It doesn’t matter if it was a birthday or a holiday – you knew you were under the magnifying glass.”
Furgeson told Dowd this was the first time she had consumed alcohol since being released and that it was a one-time occurrence.
“I’m sorry I screwed up,” she said. “I don’t understand how over one mistake my life is going to be ruined,” she said. Furgeson told the court through tears of the difficulties she was facing in her personal life as a result of her arrest, including financial trouble resulting in the loss of her house.
“It wasn’t just one mistake,” responded Dowd, flipping through Furgeson’s report. He said she had been arrested around 20 times and been given multiple chances to avoid the situation she was currently in.
Dowd sentenced her to one year at the Chenango County Correctional Facility. Her case in Broome County is pending and she has pleaded not guilty to the charges.
The next defendant appearing in court had a similar circumstance after testing positive for marijuana while applying to enter Drug Treatment Court.
Ryan Price, 19, was arrested in April for several thefts and charged with burglary and petit larceny.
“This defendant and his friend broke into many cars and buildings to obtain money for drugs,” District Attorney Joseph McBride told Dowd. “He was given the great opportunity to apply for drug treatment court and it’s my understanding that during that process he was using drugs,” said McBride.
McBride said Price tested positive for THC, the active chemical in marijuana, and was denied entry into the treatment court. If accepted, Price could have avoided serious jail time in lieu of participating in the very strict probation-style court that closely monitors defendants with random drug testing, home visits and regular court appearances.
Public Defender Alan Gordon told Dowd that Price was only 18 at the time of his felony arrest and came from a background lacking any real support structure.
“He’s from a dysfunctional family – no support, no role models – it really quite tragic that no one could help this young man and that we’re here today,” said Gordon. “He has a drug problem. He can’t seem to stop using drugs and it keeps getting him into trouble.”
Gordon asked the court to consider sending Price to a state incarceration treatment program that would eventually release him with up to seven years parole.
“I tried to quit my drugs, but every time I was around it I couldn’t help it,” said Price to the judge.
Dowd said Price had a “terrible record for someone his age,” and said some past offenses included other burglaries, grand larceny, reckless endangerment, forcible touching and previous violations of probation.
“We always hear it’s not your fault, that you were just in the wrong place at the wrong time,” said Dowd. “I have no sympathy for you. If you want to act like a punk, I have no problem treating you like a punk.”
Price was sentenced to one and one third to four years in state prison and ordered to pay $80 in restitution.