Dismissed New Berlin Police Chief pleads to violation in assault case
NEW BERLIN – Former Town of New Berlin Police Chief Richard P. Kellar pleaded guilty to a violation last Thursday, nearly 18 months since his arrest outside a South New Berlin bar for allegedly assaulting a 42-year-old patron while off duty.
Chenango County Sheriff’s deputies arrested 44-year-old Kellar at 1:30 a.m. Oct. 30, 2008 and charged him with third degree assault, a misdemeanor.
Kellar was the town’s police chief at the time and the original charge accused him of injuring a man during a fist fight outside of the Southtown Pub. The fight resulted in both of the victim’s arms being fractured, according to the Assigned Special Prosecutor Paul Tomkins of Binghamton.
In court last week, Tomkins said that according to doctor’s reports, the victim sustained those injuries after he fell during the altercation and that they were not a direct result of Kellar striking the man.
In a telephone interview with The Evening Sun in December of 2008, the alleged victim in the case said he was drinking at the time and interacted with a female friend of Kellar’s inside the bar prior to the fight. He asked not to be identified, citing fear of reprisal from law enforcement.
Tomkins confirmed the victim is involved in a personal civil lawsuit against both the Town of New Berlin and Kellar.
Kellar pleaded guilty to disorderly conduct, a violation, in Town of Plymouth Court before Justice Paul O’Connor last Thursday afternoon. He was sentenced to 150 hours of community service.
Tomkins said the case was handled as any other “bar fight,” but acknowledged that it took much longer than a typical assault case. The Chenango County District Attorney’s Office, New Berlin Town Court and Norwich Town Court all recused themselves from the case, extending its delays.
Tomkins said he had appeared in court eight times and filed several motions. “This case was handled no differently than any other case for an everyday citizen. It’s my belief that when this defendant went down to the bar, he was acting as a private individual and not in any official duty and was prosecuted as any private individual would be,” said Tomkins. “Some of the actions taken in the case to ensure it was treated without bias also delayed the proceedings longer than they would be typically.”
Tomkins also noted to the court that in addition to the sentence, Kellar had lost his job and was facing “ruinous” financial liability in relation to the incident.
Kellar’s defense attorney, Mark J. Loughran, had no comment on the case following the plea.
Kellar admitted in court to creating concern to the public by intentionally being loud and taking disruptive actions on the night of the incident.
Chenango County Sheriff’s deputies arrested 44-year-old Kellar at 1:30 a.m. Oct. 30, 2008 and charged him with third degree assault, a misdemeanor.
Kellar was the town’s police chief at the time and the original charge accused him of injuring a man during a fist fight outside of the Southtown Pub. The fight resulted in both of the victim’s arms being fractured, according to the Assigned Special Prosecutor Paul Tomkins of Binghamton.
In court last week, Tomkins said that according to doctor’s reports, the victim sustained those injuries after he fell during the altercation and that they were not a direct result of Kellar striking the man.
In a telephone interview with The Evening Sun in December of 2008, the alleged victim in the case said he was drinking at the time and interacted with a female friend of Kellar’s inside the bar prior to the fight. He asked not to be identified, citing fear of reprisal from law enforcement.
Tomkins confirmed the victim is involved in a personal civil lawsuit against both the Town of New Berlin and Kellar.
Kellar pleaded guilty to disorderly conduct, a violation, in Town of Plymouth Court before Justice Paul O’Connor last Thursday afternoon. He was sentenced to 150 hours of community service.
Tomkins said the case was handled as any other “bar fight,” but acknowledged that it took much longer than a typical assault case. The Chenango County District Attorney’s Office, New Berlin Town Court and Norwich Town Court all recused themselves from the case, extending its delays.
Tomkins said he had appeared in court eight times and filed several motions. “This case was handled no differently than any other case for an everyday citizen. It’s my belief that when this defendant went down to the bar, he was acting as a private individual and not in any official duty and was prosecuted as any private individual would be,” said Tomkins. “Some of the actions taken in the case to ensure it was treated without bias also delayed the proceedings longer than they would be typically.”
Tomkins also noted to the court that in addition to the sentence, Kellar had lost his job and was facing “ruinous” financial liability in relation to the incident.
Kellar’s defense attorney, Mark J. Loughran, had no comment on the case following the plea.
Kellar admitted in court to creating concern to the public by intentionally being loud and taking disruptive actions on the night of the incident.
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