NORWICH – A judge refused to accept a prearranged plea deal Thursday in a case involving an 85-year-old man charged with resisting arrest.
Public Defender Kayphet Mavady appeared in city court without his client and told Judge James Downey it was because he had fallen “seriously ill, I think mostly due to his age” and was unable to attend.
John Currie, 85, of Bainbridge, was arrested by the Norwich City Police Department at 11:47 p.m. Feb. 2, along Fair Street. Police said Currie refused to cooperate with a patrol attempting to pull him over for failing to keep right.
First Assistant District Attorney Stephen Dunshee said prosecutors were willing to accept an Alford Plea to disorderly conduct, a violation.
An Alford Plea is a guilty plea in New York State in which a defendant pleads guilty to a crime without actually admitting they committed it, in effect saying they don’t believe they can prove their innocence with the evidence against them, but deny any actual wrongdoing.
Downey said he thought the agreement was a favorable one to the defendant and asked why the prosecution was offering it. Dunshee said due to Currie’s age, active employment and service as a combat veteran in the Korean War, the DA’s office decided to offer the deal.
“I’m not going to get in the business of people saying I’ll plead guilty, but I’m not really guilty,” Downey told the attorneys. “If Mr. Currie thinks he’s innocent of the charges, we should sit it down before a jury.”
On the night in question, police said Currie got out of his vehicle against orders after pulling into a driveway and proceeded to approach the sole officer involved in the traffic stop.
Downey read a brief description of the charges in court, saying police claimed Currie ignored commands and engaged the officer in a heated oral dispute, refusing to return to his vehicle. Downey said the incident became physical when the officer placed his hand on Currie’s chest as he walked toward him, despite repeated orders to stop.
“Mr. Currie continued walking toward the officer, who kept telling him to return ... Mr. Currie continued to yell obscenities. He kept coming aggressively towards the officer and the officer actually backed away from him and had to put his arm up to stop him,” said Assistant Police Chief Rodney Marsh.
Marsh said after Currie was advised he was going to be placed under arrest, he raised his hands to the officer in a menacing pose and refused to be handcuffed.
“The officer told him he was going to have to place him under arrest with the use of force if he didn’t comply and Mr. Currie challenged the patrol to ‘try and arrest him,’” said Marsh.
Marsh said the two men then wrestled to the ground, but the officer was still unable to cuff Currie until a second patrol arrived to help. Marsh also noted that the arresting officer suffered minor scrapes and bruises in the altercation, saying it was a clear case of resisting arrest.
Currie was taken to the Norwich station and processed before being released. He was charged with resisting arrest, second degree harassment and disorderly conduct.
In written correspondence to The Evening Sun, Currie said the officer in the case continually shouted at him during the incident and said he was shoved during his arrest. Claiming he was handled inappropriately, Currie wrote he was prompted to struggle with the arresting officer which led to him being “thrown to the ground.” He denied any wrongdoing in the incident.
In leaving court Thursday, Downey said unless Currie was willing to admit his wrongdoing in an alleged crime, then the case would be going to trial.
Mavady said he would talk to his client about the unexpected denial of the plea deal, adding, “I guess we don’t have much of a choice but a trial.”
The case is expected to return to court May 4.