South Otselic assault case one step closer to trial
NORWICH – The case against accused felon Michael Thiel following an alleged assault that took place on May 22 at the South Otselic American Legion may be headed to trial after the Chenango County Public Defender’s Office announced its client had refused a plea deal that would have resulted in a state prison sentence.
Thiel, 38, of Otselic, was indicted in June on charges of second degree assault, a class D violent felony, and third degree assault, a class A misdemeanor. He remains incarcerated at the Chenango County Correctional Facility on $20,000 cash bail.
Representing the public defender’s office, attorney Pat Mavady said Thiel had rejected a deal offered by the Chenango County District Attorney’s Office and requested a jury trial. Mavady asked that Thiel’s bail be reduced or that the defendant be released as he’d been held in custody since the time of the alleged incident. District Attorney Joseph McBride, in response, said he objected to Thiel’s release, stating he had “almost killed the victim for no reason” and is “facing seven years in state prison.”
The alleged victim in the case, Plymouth resident Bill Buckley, required more than seven hours of major reconstructive surgery, according to his wife, Sue. Her husband, she said, had no chance to defend himself when attacked by Thiel. He’s alleged to have suffered multiple broken bones – including his nose, cheek bones, jaw and eye sockets – and now has seven plates, a number of screws and mesh screens secured to his face, she added.
At the time, Buckley’s wife said her husband was “having great difficulty breathing because of all the blood and emergency personnel were forced to intubate him.
“His face was so swollen ... his face was bleeding from everywhere. His eyes were swollen shut, his nose was definitely broken and his lips were so swollen they didn’t even look like lips,” she added at the time.
The following also appeared in county court Monday:
• David D. Callan, 49, Norwich, pleaded not guilty to one count of failure to register as a sex offender, a class E felony.
It’s alleged that Callan failed to register with the Division of Criminal Justice Services within ten days of changing his address and – according to his indictment – relocated from 78 Pearl St., Bainbridge, to 25 Powers Road, Binghamton, in March of 2012. He was released on his own recognizance and will re-appear in court at a later date.
• James K. Smith, 32, Sherburne, pleaded not guilty to charges of third degree grand larceny, a class D felony, and petit larceny, a class A misdemeanor.
It’s alleged that Smith – between the months of February and July of 2012 – received approximately $22,260 in wages he was not entitled to while employed in the Town of Columbus. According to his indictment, Smith – while employed by Staffworks – would arrive at work, clock in and leave the premises, later returning to clock out. He was remanded to the Chenango County Correctional Facility on $30,000 cash bail and will re-appear in court at a later date.
• Thomas J. Kopec Jr., 27, Sherburne, pleaded not guilty to charges of second degree burglary, a class C felony; third degree burglary, a class D felony; and third degree assault, a class A misdemeanor.
It’s alleged that Kopec, on or about Aug. 20 in the Town of Sherburne, did knowingly enter and unlawfully remain in a private residence with the intent to commit a crime, later assaulting another individual, punching the victim in the head and face causing bruising and a bloody nose. He was released on his own recognizance and will re-appear in court at a later date.
• Truman K. Fox, 49, Smyrna, pleaded not guilty to charges of aggravated driving while intoxicated and driving while intoxicated, both class E felonies.
Fox is accused of operating a motor vehicle with a blood alcohol content of .18 of 1 percent or higher – more than twice the legal limit – following an alleged incident that took place on or about May 16, 2012, on Park Avenue in the Village of Sherburne. Fox has one prior driving while intoxicated conviction dating from July 25, 2004, in the in Duval County Court, Fla. He was released on his own recognizance and will re-appear in court at a later date.
Thiel, 38, of Otselic, was indicted in June on charges of second degree assault, a class D violent felony, and third degree assault, a class A misdemeanor. He remains incarcerated at the Chenango County Correctional Facility on $20,000 cash bail.
Representing the public defender’s office, attorney Pat Mavady said Thiel had rejected a deal offered by the Chenango County District Attorney’s Office and requested a jury trial. Mavady asked that Thiel’s bail be reduced or that the defendant be released as he’d been held in custody since the time of the alleged incident. District Attorney Joseph McBride, in response, said he objected to Thiel’s release, stating he had “almost killed the victim for no reason” and is “facing seven years in state prison.”
The alleged victim in the case, Plymouth resident Bill Buckley, required more than seven hours of major reconstructive surgery, according to his wife, Sue. Her husband, she said, had no chance to defend himself when attacked by Thiel. He’s alleged to have suffered multiple broken bones – including his nose, cheek bones, jaw and eye sockets – and now has seven plates, a number of screws and mesh screens secured to his face, she added.
At the time, Buckley’s wife said her husband was “having great difficulty breathing because of all the blood and emergency personnel were forced to intubate him.
“His face was so swollen ... his face was bleeding from everywhere. His eyes were swollen shut, his nose was definitely broken and his lips were so swollen they didn’t even look like lips,” she added at the time.
The following also appeared in county court Monday:
• David D. Callan, 49, Norwich, pleaded not guilty to one count of failure to register as a sex offender, a class E felony.
It’s alleged that Callan failed to register with the Division of Criminal Justice Services within ten days of changing his address and – according to his indictment – relocated from 78 Pearl St., Bainbridge, to 25 Powers Road, Binghamton, in March of 2012. He was released on his own recognizance and will re-appear in court at a later date.
• James K. Smith, 32, Sherburne, pleaded not guilty to charges of third degree grand larceny, a class D felony, and petit larceny, a class A misdemeanor.
It’s alleged that Smith – between the months of February and July of 2012 – received approximately $22,260 in wages he was not entitled to while employed in the Town of Columbus. According to his indictment, Smith – while employed by Staffworks – would arrive at work, clock in and leave the premises, later returning to clock out. He was remanded to the Chenango County Correctional Facility on $30,000 cash bail and will re-appear in court at a later date.
• Thomas J. Kopec Jr., 27, Sherburne, pleaded not guilty to charges of second degree burglary, a class C felony; third degree burglary, a class D felony; and third degree assault, a class A misdemeanor.
It’s alleged that Kopec, on or about Aug. 20 in the Town of Sherburne, did knowingly enter and unlawfully remain in a private residence with the intent to commit a crime, later assaulting another individual, punching the victim in the head and face causing bruising and a bloody nose. He was released on his own recognizance and will re-appear in court at a later date.
• Truman K. Fox, 49, Smyrna, pleaded not guilty to charges of aggravated driving while intoxicated and driving while intoxicated, both class E felonies.
Fox is accused of operating a motor vehicle with a blood alcohol content of .18 of 1 percent or higher – more than twice the legal limit – following an alleged incident that took place on or about May 16, 2012, on Park Avenue in the Village of Sherburne. Fox has one prior driving while intoxicated conviction dating from July 25, 2004, in the in Duval County Court, Fla. He was released on his own recognizance and will re-appear in court at a later date.
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