NEW BERLIN – Following an evidence hearing in Chenango County Court Monday, a New Berlin man arrested for felony burglary accepted an offer and pleaded guilty to trespassing, a misdemeanor, instead.
The Town of New Berlin Police Department arrested 28-year-old Joshua J. Squires the afternoon of May 5 after a former girlfriend contacted police, claiming he broke into her home through a window and threatened to sexually assault her.
Squires was originally arrested for second degree burglary, a C class felony, following a police investigation by New Berlin officer-in-charge, Sgt. Dominick Commesso.
On May 12, the Chenango County District Attorney’s Office successfully convinced a grand jury to indict Squires for the crime.
According the indictment, Squires removed a bedroom window screen before reaching inside and grabbing a sleeping female victim by the hair. The indictment claims Squires threatened to sexually assault the female, which prompted her to start kicking and punching him as he attempted to climb in.
“The defendant continued to try and gain access even while the victim was screaming and kicking,” stated the indictment.
Appearing in court Monday, with Defense Attorney Linden D. Summers, Squires sought to challenge the evidence prosecutors sought to use against him at trial, including alleged incriminating statements made in front of New Berlin Officer Edward J. Ulfik III and New Berlin Town Justice Joseph Brillinger.
Ulfik testified that during an initial arraignment May 5, “There was a comment made. (Squires) said he was invited to come through the window of the residence by the victim.”
First Assistant District Attorney Stephen M. Dunshee told the court the comment implied a partial admission to the alleged crime, since the victim denied making any such invitation.
Ulfik also testified he read Squires his Miranda rights and had him sign a document admitting as much, which was presented as evidence in the hearing.
Under cross examination, Ulfik offered few details on the actual police investigation, saying he was called into work and then ordered by Commesso to detain Squires and place him under arrest for aggravated harassment. During that time, he said, Commesso was meeting with the victim and conducting the investigation.
“He told me there was at least a charge here of aggravated harassment,” testified Ulfik.
Before Ulfik offered his testimony, the ADA and defense argued over several previous convictions against Squires that prosecutors said they wanted to disclose to jurors at trial.
Dunshee said Squires had a number of arrests on his criminal record before he was 18 years old and none of those crimes could be offered to the jury because at the time he was a youthful defender.
However, Judge W. Howard Sullivan approved prior adult convictions including criminal possession of stolen property, aggravated unlicensed operation of a motor vehicle, assault, menacing, resisting arrest and criminal contempt charges.
Prosecutors initially said they planned to call the investigator in the case to the stand, Commesso, but later decided not to. After hearing Ulfik’s testimony, the court went into a brief recess and when attorneys returned, District Attorney Joseph McBride said he was reducing the felony charge to a misdemeanor offense.
“I am required to dismiss that top count in the best interest of justice,” he said. McBride also said he was taking the victim’s concerns into consideration, after she expressed a reluctance to confront the accused at trial.
Squires then pleaded guilty to second degree criminal contempt and received a sentence of one year in the Chenango County Correctional Facility. Squires has been incarcerated since his arrest, so he was released with time already served. Sullivan warned Squires to stay away from the victim and her two children and issued a five-year order of protection.
Following the sentencing, Summers declined to offer further comment on the case.