NORWICH – The Chenango County grand jury met last week and handed up a number of criminal indictments. At the proceeding, the Chenango County District Attorney’s Office presents evidence against those they wish to prosecute. It is up to the jury to decide if there is enough reasonable cause to charge a person with a felony offense.
Those indicted by the grand jury are arraigned before the county or Supreme Court judge at a later date.
The grand jury indicted ten individuals:
• Cody J. Humphrey, 26, Homer, was indicted on one count of first degree criminal contempt, a class E felony.
It’s alleged that – on or about Nov. 20, 2012, in the Town of Otselic, and in violation of an order of protection of which the defendant was aware – Humphrey placed another individual (named in the order of protection) in reasonable fear of physical injury. Specifically, at approximately noon of the aforementioned date, Humphrey is accused of violating a temporary order of protection – issued out of Cortland County Court on August 16, 2012 – by posting a Facebook message in which he threatened to physically harm the protected party.
• Kevin M. Fernandez, 23, LaFayette, was indicted on one count of third degree burglary – a class D felony – and one count of petit larceny, a class A misdemeanor.
It’s alleged that – on or about March 2013, in the Town of Pitcher at approximately 11 a.m., and while acting in concert with another individual – Fernandez did knowingly enter and unlawfully remain in a Baumann Road garage with the intention of committing a crime. He allegedly did so by stealing a welder, a set of oxygen and acetylene tanks, and torches.
• Elijah D. Wright, 28, Greene, was indicted on charges of second degree attempted robbery, a class D felony; second degree assault, also a class D felony; and third degree assault, a class A misdemeanor.
The allegations stem from an incident which occurred on or about April 29, 2013, at approximately 4:20 p.m. in the parking lot of the Sidney Federal Credit Union located on Genessee Street in the Village of Greene. It is alleged that “in the course of the commission of the crime or of immediate flight therefrom, he (Wright) caused physical injury to any person who is not a participant in the crime,” and that “with intent to cause serious physical injury to another person, he caused such injury to such person or to a third person.”
Specifically, at the aforementioned location and time, Wright allegedly threw another individual to the ground while trying to obtain his wallet and proceeded to punch and kick him in the face. The alleged assault resulted in the victim receiving numerous facial fractures including a blowout fracture to his left orbital.
• Coy D. Biviano, 25, Norwich, was indicted on five counts of first degree criminal possession of a forged instrument – a class C felony – and one count of petit larceny, a class A misdemeanor.
It is alleged that – on or about March 26, 2013, in the City of Norwich – Biviano did knowingly and with the intent to deceive another possess five counterfeit twenty dollar bills, all marked with the same serial number GK24479234C, which he used to purchase a video game system from another individual.
• David T. Spencer, 46, Afton, was indicted for felony DWI, a class E felony.
It is alleged that Spencer – on or about February 23, 2013, at approximately 11:20 a.m. in the Town of Afton – did operate a 2002 Chevrolet Blazer on Interstate 88 – a public road – in an intoxicated state.
Spencer had previously been convicted of a felony DWI on March 30, 2004, in Orange County Court.
• Mathew J. Wolfanger, 31, Greene, was indicted on one count of failure to register or verify as a sex offender, a class E felony.
It is alleged that Wolfanger failed to register with the Division of Criminal Justice Services within 10 calendar days after changing his address.
• Willard J. Studd III, 39, Northville, was indicted for felony DWI, a class E felony.
It is alleged that – on or about March 24, 2013, at approximately 3:15 p.m. – Studd was operating a motor vehicle on Highway 12 in the Town of Greene in an intoxicated state.
Studd was previously convicted of a misdemeanor DWI on December 7, 2005 in Wappinger Town Court, Dutchess County.
• Ryan V. Lewis, 22, Harpursville, was indicted on two counts of second degree vehicular assault – a class E felony – and one count of operating a motor vehicle with a blood alcohol content of .08 of 1 percent or higher, a class A misdemeanor.
It is alleged that – on or about February 24, 2013, at approximately 2:20 p.m. in the Town of Afton – Lewis caused serious physical injury to two other individuals while he was operating a 2006 Subaru Impreza and had a blood alcohol content of .12 percent - as shown by a chemical analysis of his blood. According to court papers, the one car fatal accident, which took place on Afton Lake Road resulted the serious physical injury of two passengers who suffered from fractured limbs.
• Amber E. Limacher, 26, Milton, was indicted on one count each of second degree criminal possession of a forged instrument, fourth degree grand larceny, and petit larceny.
It is alleged that Limacher – on or about June 5, 2012, in the Town of Norwich – cashed a personal check belonging to another individual at the Sidney Federal Credit Union on 5900 county Road 32, withdrawing $2,994.50.
• Andrew S. Graham, 20, Norwich, was indicted for second degree assault, a class D felony; resisting arrest, a class A misdemeanor; obstructing emergency medical services, a class A misdemeanor; and third degree assault, also a class A misdemeanor.
It is alleged Graham – on or about May 5, 2013, at approximately 11:16 a.m. in Kiwanis Park located on River Street in the City of Norwich – caused physical injury to a police officer who was in the course of preforming a lawful duty. Specifically, it is alleged that Graham bit a city police officer on the forearm as the officer was attempting to arrest him following Graham’s attempt to punch a fire fighter.