By Brittany Grove
Sun Staff Writer
bgrove@evesun.com
NORWICH – Rehabilitation was the theme for Chenango County court on Friday, Nov. 8 in Norwich.
Public defender John Cameron helped young defendant – who assaulted an officer – get probation with the hope that he will change his life. Chenango County Court Judge Frank B. Revoir Jr. sent a drunk driver to prison and recommends Shock Incarceration to reform a convicted felon.
• Andrew Graham, 21, Norwich, was charged with the class D felony of assault in the second degree for allegedly causing physical injury to an officer on May 5 in Norwich. Graham resisted arrest and bit the right forearm of officer Jeremy Burdick breaking the skin and causing him to bleed.
“The EMS tried to take me to the hospital because I was having a seizure,” Graham said. “The police officer grabbed me and had me in a headlock. I was out of it because of the seizure and don't like it when people touch me afterwards. I don't really remember what happened.”
Dunshee said to the judge that if Graham could not remember biting the officer “then we don't have a plea.”
Graham's lawyer, Cameron, counseled Graham and said, “You were the only one there who could have bit him, right? If you were the only one there and they say you bit him, then isn't it safe to say you did bite him.”
Graham agreed with his lawyer and admitted he bit the officer.
Once the judge made sure that Graham was in the right mental state to plea and had not been coerced into pleading guilty, he was sentenced to six months mandatory incarceration in the Chenango County Correctional Facility which will count toward the five years probation and supervision he also received. If Graham violates the terms of his probation, he can be re-sentenced the maximum sentence for the charge he received, which is a determinate sentence of up to seven years.
“You have a juvenile record, but hopefully this will be the beginning of a new life. Probation wants to work with you. Use it as an opportunity,” said Revoir to Graham.
Graham gave his belongings to his mother and embraced her. She cried and held him for several seconds before he was handcuffed and taken out of the court.
• Jeremy Sawyer, 36, Norwich, appeared in court for violating a condition of his probation sentence for his previous convictions of DWI misdemeanor and the class E felony of aggravated operation of motor vehicle in the first degree. He did not report to his probation officer on seven different occasions since being sentenced on May 18, 2012.
Along with his probation violation charge, Sawyer was also recently charged with a second class E felony of driving while intoxicated. It was alleged that after consuming brandy, he drove his Chevy Blazer down County Rd. 32 in Norwich and was pulled over. Officers said his eyes were bloodshot and watery, his speech was slurred and he smelled like alcohol.
Sawyer plead guilty to both counts.
“My client recognizes that he has a problem with drugs and alcohol. He wants to change his lifestyle. He has been in jail since June and would like to request a furlough before going to prison,” said Cameron to the judge.
Dunshee commented on Cameron's statement and said to the judge, “The defendant has a long history of driving drunk on the road, and I don't think he deserves that. I am afraid he will drink and drive if given a furlough.”
Revoir asked if there was anything that Sawyer wanted to say on his behalf. “Yes, your honor. I want to apologize for your time, Mr. Cameron's time, and the D.A.'s time. I know I went astray and was wrong. My younger brother had a child that I haven't seen and it's my child's birthday. In fact, my child and I share the same birthday. I am requesting a furlough of one week and three days to spend time with my family,” said Sawyer.
Sawyer’s previous probation sentence was revoked and he was sentenced to a mandatory year for his previous misdemeanor DWI, and one and one-third year to four years for his felony DWI, which will be served concurrently in prison. Upon his release, his driving privileges will be revoked for 18 months, and he will be under a two-year conditional release in the ignition interlock program after his driving privileges are reinstated.
“I am not granting you a furlough. While I agree that I do not want you to drink and drive, it is not because I think you don't deserve it. I generally do not give out furloughs unless there are very limited circumstances. You do not meet those circumstances. Hope you turn things around though. Good luck,” said Revoir to Sawyer.
• Coy D. Biviano, 26, Norwich, was charged with criminal possession of a forged instrument in the first degree. Biviano allegedly gave a female victim a counterfeit twenty dollar bill to obtain a gaming system from her on March 26 in the Tops parking lot in Norwich.
Biviano spent previous time in prison for robbery and burglary in the third degree. “He continues to escalate his crime. He needs to understand that the more he escalates his crime, the more time he will spend in prison,” said Dunshee.
Biviano was given an indeterminate sentence of three to six years in prison under the Shock Incarceration program. If Biviano completes the program, he could significantly reduce his time in prison. He will also be required to pay a restitution of $200 with a five percent surcharge.
“I regret doing everything I have done. I have been on the wrong path,” Biviano said. “I have a 14-month old son. I haven't seen him in a long time and miss him. I want to be better for him. I do not want my son to make the same mistakes. I want to be a stable person for him.”
Biviano then requested a furlough of three days in order to see his son before going to prison. Revoir denied his furlough request and said that since Biviano will be entering the Shock Incarceration program, he will already be serving much less time than he would have if he had not been given the plea bargain. The judge said that Biviano can use seeing his son as an incentive to complete the program.
“I used to have a misconception that the Shock Program was a means of offenders avoiding prison time – so I would not permit them to enter into the program. If I had not visited the facility and seen the program for myself, I would not have given you this sentence,” said Revoir.
“It is a comprehensive program and teaches inmates how to have self-control, motivation and self-esteem. It also has a drug and alcohol program – which seems to have been a source of your problems with the law,” the judge added. “I truly hope you succeed and that this program will benefit you. You have the chance to come out of prison a changed man at the age of 26. Only you can turn this around.”