NORWICH – Rehabilitation was the theme for Chenango County court on Friday, Nov. 8 in Norwich. Chenango County Court Judge Frank B. Revoir Jr. and First Assistant D.A. Stephen M. Dunshee showed mercy on one of the male defendents and praised another for being reformed.
• Donald Benedict, Jr., Norwich, plead guilty to the class E felony of driving while intoxicated. This was not the first time Benedict was charged with a DWI. He was convicted of the same crime on April 23, 2008.
During sentencing, Dunshee said, “Judge, I just want to say that this is an H-E-double-hockey-sticks of a deal, especially because of his prior convictions. He has been convicted of four felonies in his lifetime and this is his second felony in the last five years.”
Benedict was sentenced to a mandatory one-year incarceration at the Chenango County Correctional Facility and charged a total of $1,570 in fees. Following his release, his driving privileges will be revoked for one year, and he will be subject to two years in the ignition interlock program once his driving privileges are reinstated.
Benedict admitted to being intoxicated before driving and said he should not have been operating a vehicle. Officers reported that he swayed as he walked, had slurred speech and his breath smelled of an alcoholic beverage.
Revoir agreed with Dunshee and speaking to Benedict said, “This is a very favorable disposition for you. It was because of your attorney (John Cameron) advocating for you that the D.A. and I gave in. We factored in your age and retirement. You are too old to be doing this.”
After reviewing his finances, Revoir lowered Benedict's responsibility for his fines to 25 percent. Benedict said, “Thank you. I appreciate it.” to the judge.
“Hopefully this is the end of your driving while intoxicated and that you are aware of the consequences of doing it again. You have used up your ‘nine lives’ as they say. Good luck,” said Revoir to Benedict.
• Kevin Urgo, Oxford, violated the terms of his conditional release for the class D felony of driving under the influence and was charged with driving while impaired by the use of drug at 3 p.m. on April 6 in Norwich. Urgo said that he had taken his prescription of Xanax before getting behind the wheel of a 1999 Chevy without his required interlock device.
“You do understand that even though it was a prescription drug, you should not have been operating the vehicle while under the influence or operating a car that did not have an interlock device,” said Dunshee to Urgo.
Urgo was previously sentenced to three years probation and 20 months in the ignition interlock program after being convicted of a DWI on Oct. 23, 2011. He was not to operate a vehicle without an interlock device. Officers also noticed that his motor coordination was impaired and his speech was slurred and slow. They suspected he was under the influence of a drug.
“This court would like to make a statement. I have a long history with Mr. Urgo. Since he has been sober, his demeanor has changed. He is respectful, reasonable, and intelligent. He looks you right in the eyes now. Sober, he is a very nice person. I hope he stays on path,” said Dunshee to the judge.
Urgo was sentenced to a mandatory 18 months for both charges and one and one-third to four years in prison for violating the conditions of his probation, and one and a half to four and a half years for driving while impaired by use of drug. He will serve his sentences concurrently.
“While I do not have the long history that Mr. Dunshee has with you, I do see a difference in your physical appearance and disposition. I wish you success as well,” said Revoir to Urgo.
Urgo will receive credit for the time he has been in jail since his arrest in April. Because of good time he will face a parole board in less than six months.
When the judge asked if Urgo had anything to say, he said, “No, just...” and turned to Dunshee, looking him right in the eyes – and said, “Thank you.”