NORWICH – Michael D. Richardson, 36, formerly of Bainbridge, was sentenced Wednesday to a determinate sentence of seven years in state prison by the Honorable Martin E. Smith following his conviction in April for making a terroristic threat, a class D violent felony.
It was alleged that Richardson, in two letters addressed to his mother-in-law and his estranged wife in July of last year, expressed detailed accounts of his intent to perform acts of violence directed at a number of people including many individuals employed by county government, as well as a judge, alleged to be retired Judge W. Howard Sullivan.
During the April trial, Richardson admitted to having written the letters, which included a number of conceivably hostile comments such as how he wanted to “walk slowly up to the judge and place a .45 slug in between his eyes before jumping back into a stolen car,” or “these county officials are way too easy for me to get my hands on,” as well as descriptions of how he could attain explosives from a unspecified New Jersey resident, and admissions of his own fear of what he is capable of doing.
“This defendant has a substantial history of violent convictions and basically threatened to shoot a judge in the head,” said District Attorney Joseph McBride prior to sentencing. While arguing for the maximum possible sentence, McBride pointed out that – in a probationary report – Richardson accepted no responsibility for what the district attorney equated to the bullying of a presiding Chenango County judge who disagreed with Richardson.
“For these reasons I ask that Mr. Richardson be removed from society for the longest period possible with a message; that if you threaten a Chenango County judge and have violent priors, you will go away.”
The defense, represented by Kelly E. Fischer, argued for a lighter sentence on the basis that the letters were never intended to reach Judge Sullivan and were simply ventilations of frustrations, not descriptions of impulses which Richardson ever intended to act upon.
During the defense’s appeal for the issuance of a lighter sentence, Fischer also read copies of letters addressed to Richardson from his estranged wife in which she commended him for being a good father. During the reading of the letters, Richardson began to cry.
Following the statements made by the prosecutor and the counsel, Judge Smith stated, “Although you have no felony convictions, in the past five years you have been arrested seven times with four convictions, this one being your fifth. It bears saying, your conduct and testimony during this case not withstanding, that this court does not view these letters as you venting nor as an expression of your free speech. Your threat was very real. You admitted to having mocked Judge Sullivan in open court and also to having said that you would deal with him when you got out.”
Following his statements, Judge Smith sentenced Richardson to a determinate sentence of seven years in state prison to be followed by three years post supervision. An order of protection for former Judge Sullivan was also issued, which Richardson refused to sign.
“That’s fine, let the record show he received it,” said Judge Smith.
“I thought the sentence was appropriate,” said McBride following the court proceeding. “There can be no bigger assault then to kill a judge who disagrees with you. Threats to shoot residing judges who are involved in an individual’s proceedings will always be taken very seriously and Mr. Richardson being removed from Chenango County for seven years will make our home a safer place.”
In 2009, Richardson had been charged for assaulting his wife following a three-hour standoff with police. Ten days prior to that incident he had been charged with burglary and kidnapping felonies, but was never convicted on either of those charges.