NORWICH – The man charged with burglary, arson and 40 counts of criminal mischief for allegedly setting fire to storage units in the Town of Norwich in November of 2013 appeared in the Town of Norwich Court Thursday for his preliminary felony hearing. The next step will be grand jury action, although the judge was reluctant to hold the man on the arson charge.
Michael J.C. Golotty, 25, Norwich, was represented by Public Defender Aaron Dean and appeared before the Honorable James A. Fox with regard to the charges of arson in the third degree, a class A felony; burglary in the third degree, a class D felony; and 40 counts of criminal mischief, class E felonies. Assistant District Attorney Michael Genute was present for the prosecution.
“The court finds the people are lacking a little bit,” said Fox before remanding Golotty back to the Chenango County Correctional Facility on $50,000 cash bail or $75,000 insurance bond. The judge did not hesitate to hold Golotty on the burglary charge. It was the arson charge and the criminal mischief charges that held the judge up.
The prosecution called a State Police investigator to the stand who testified that he and his partner arrested Golotty, and had interviewed him on more than one occasion before arresting him in the City of Elmira.
A written statement was obtained and signed by the defendant that stated he rode a bike to the storage facility, used a crowbar, entered his ex-girlfriend’s storage unit, gathered sticks, and used hairspray and a lighter to start a fire to stay warm. According to the testimony of the investigator, the statement read that Golotty said he did not do it out of “meanness,” but to keep warm, and that he apologized for damaging people’s property.
When Dean asked the investigator why Golotty was arrested in Elmira without a warrant (a summary arrest) he said, “In hopes we would be able to interview him and see if there was involvement and ascertain a written statement, which we did.”
The investigator testified that he spoke with Golotty the entire ride from Elmira back to the State Police Barracks in Norwich, where Golotty provided the statement the prosecution presented.
Dean additionally asked the investigator if the interview at the barracks was recorded, to which he responded, “There are no video capabilities at SP Norwich.”
After both the prosecution and defense concluded, Fox said, “The prosecution has failed to establish prima facie of the case of arson in third degree. I don’t believe there has been any testimony with regard to intent with that particular charge.”
Genute said, “It’s like if A shoots B and then says they were just playing, your Honor. Here he admits to breaking in and starting a fire. We are here to show there is reasonable cause to believe he committed these crimes. This isn’t a jury trial right now.”
“A fire definitely started, the statement reads the intent was to stay warm,” said Fox.
Ultimately, Fox remanded Golotty back to the Chenango County Correctional Facility on all charges. The next step in the process is grand jury action.