NORWICH – Charged with second degree arson, a class B felony, and third degree arson, a class C felony, Jeffery “Yogi” Maxson, 47, New Berlin, re-appeared in court last week with his attorney, Scott J. Clippinger. Originally charged following an investigation into a structure fire in August of 2010, Maxson pleaded guilty to both counts in 2011. But the conviction has since been overturned after it became clear that Maxson had made a plea without being adequately aware of a possible intoxication defense. Since then, Maxson has been released on bail after having served a number of years in state prison.
It is alleged that Maxson purposefully started a fire in August of 2010 which destroyed his mother’s home, where he had been residing at the time.
Last week’s court appearance was for the purpose of a Huntley Hearing – a pretrial hearing requested for the purpose of reviewing the manner in which the police obtained statements from the defendant. New York State Police Investigator Jason Besset, who took Maxson’s statement back in 2010 prior to arresting him, took the stand during last week’s proceeding.
According to Besset’s testimony, he had been home on the day in question and had been called in early to New Berlin for a suspected arson. Once on the scene, he gathered the particulars of the case, speaking with a number of witnesses as well as first responders still on site who told Besset they had ordered Maxson to leave the area because he was “belligerent” and arguing with one of the witnesses. Following said interactions, Besset was led to believe that Maxson was a person of interest and subsequently traveled to Pittsfield, where he had been told Maxson could be found. After waiting for backup, Besset approached the dwelling where Maxson allegedly was located and knocked on the door. At this point, according to Besset’s sworn testimony, Maxson answered the door, engaged in a cordial conversation with the officers, and came with them willingly to the Norwich station for questioning. Maxson was not at this point placed under arrest, despite being handcuffed during his ride to the station, which was done for safety purposes, testified Besset.
At the state police station in Norwich, Maxson was read his Miranda Warning and after signing a written version, proceeded to make recorded statements. Maxson stated that he had consumed six or seven beers before the fire started and then several more after the authorities had ordered him to leave the scene and before Besset had met him. Nevertheless, Besset testified that Maxson seemed fine at the time of their interaction and that he was not intoxicated, though there was no question that he had been drinking.
According to Besset’s testimony of statements Maxson made, Maxson and his sister had been arguing. When Maxson attempted to confront his sister, she locked herself in the house. In an effort to get her to come out, Maxson shut off the power breaker. When that failed, Maxson knowingly dropped a lit cigarette on a pile of clothes with the intention of agitating his sister by setting off a smoke alarm, according to testimony. Besset also testified that Maxson had removed his dog and some personal belongings from the house prior to dropping the cigarette on the pile of clothes.
Although a blood alcohol test was administered to Maxson during his time at the station, Besset testified that it was done so for a separate line of inquiry by an another officer who was wondering if Maxson was in violation of a previous court order that prohibited him from consuming any alcohol. Besset testified that he remembered Maxson blowing a .06 percent, but that he was uncertain about that number as he was not the one to administer the test, nor was it in relation to his investigation.
Maxson will re-appear in court at a later date as pretrial motions continue.