NORWICH – A 50-year-old Coventry man was convicted yesterday afternoon of felony driving while intoxicated and first degree aggravated unlicensed operation – both class E felonies – and now could face one year in the Chenango County Correctional Facility or even eight years in state prison.
It was alleged that Scott Chapman, on September 2, 2012, led an employee of the Chenango County Sheriff’s Office on a high speed chase along back roads in the Town of Coventry. According to the sworn testimony of Sgt. Jarrod Hitt – an eight and a half year veteran of the Sheriff’s Office – he had been assigned to the southern zone of the county on the day in question and had responded to a call regarding an erratic driver in the Town of Coventry. Sgt. Hitt, failing to locate the vehicle, turned onto Buckley Hill Road intending to make his way to Afton to continue his patrol. While on Buckley Hill Road, a brown convertible lacking a front license plate, a registration sticker in the window, as well as having a tail light out, passed Sgt. Hitt. As Hitt committed a turn around in a nearby driveway, he heard the engine of the convertible roar as the driver began to accelerate. Flicking his sirens and lights on, Hitt completed his about face and began to pursue the vehicle. The chase lasted for approximately five or six miles, reaching speeds of 70 miles per hour on the narrow dirt roads of Buckley and Sprague Road. Catching up with the convertible approximately one mile into the pursuit, Sgt. Hitt noticed the driver was driving erratically, traversing the road from shoulder to shoulder.
“My first thought was that he was trying to use up all of the road to get away,” said Sgt. Hitt during his testimony. “Then I thought he might be intoxicated.”
At one point the driver of the car looked back at the Sheriff’s car and it was then that Sgt. Hitt recognized him as Chapman. After a few minutes, the convertible pulled into the driveway of a residence which Sgt. Hitt recognized from prior dealings as Chapman's. At this point Sgt. Hitt, unsure as to why Chapman had fled and concerned the reason may involve the possession of a weapon, conducted a felony stop. Chapman was instructed to remain seated in the convertible facing forward with his hands visible to the officer, who at the this point – as per standard police training – had drawn his weapon as a measure of self-defense. Chapman was then told to throw the keys of his car outside of the vehicle, exit with his hands above his head, and to back up towards Sgt. Hitt. He was then handcuffed and searched for weapons. Shortly thereafter, a field sobriety test was administered. According to Sgt. Hitt’s testimony, Chapman failed all portions of the test and refused to allow his blood alcohol content to be tested with a Datamaster - the breathalyzer’s replacement.
In court, Chenango County First Assistant District Attorney Stephen Dunshee argued Chapman had refused to allow the officer to administer the test to him because he was attempting to conceal his blood alcohol content. He also submitted for the jury’s consideration the belief that – due to all of the presented evidence – Chapman was indeed intoxicated while operating a motor vehicle.
Defense attorney Patrick Ferriter Scully disagreed. Instead he argued Chapman’s failure of the field sobriety test was a result of having just been in a high speed chase and having a gun pointed at him.
The case was handed to the jury by Chenango County Judge Frank B. Revoir at 2:25 p.m. Approximately 28 minutes later they returned from their deliberations with a unanimous guilty verdict.