Grand jury indicts Whitfield for manslaughter
NORWICH – Kyle V. Whitfied, 29, Greene, was initially arrested on March 3, 2014 by New York State Police for murder in the second degree, a class A-1 violent felony, following an investigation into a physical altercation in the Town of Smithville and the stabbing death of 33-year-old James G. Button, Jr.
When the Chenango County Grand Jury met this month, they did not indict Whitfield on the murder charge.
Whitfield was first arraigned in local court and Smithville Town Justice Jordan Lilly remanded Whitfield to the Chenango County Correctional Facility without bail.
A bail hearing was set for March 10, 2014 at the Chenango County Courthouse where Whitfield was represented by attorney Michael J. Mucci. The people were represented by Assistant District Attorney Michael Ferrarese. The matter was still in local court, as Whitfield had not been indicted by a grand jury yet.
Mucci told the court that Whitfield is employed and has family and ties to the community. The prosecution did not object to the court setting a bail amount.
Chenango County Court Judge Frank B. Revoir Jr. set Whitfield’s bail at $150,000 cash or $300,000 property.
Rather than indicting for the charge of murder in the second, the grand jury handed up an indictment with the charges of one count of manslaughter in the first degree, a class B felony; one count assault in the first degree, a class B felony; manslaughter in the second degree, a class C felony; and assault in the second degree, a class D felony.
The difference in charges lies with intent. In New York, the charge of murder in the second states, "With intent to cause the death of another person, he causes the death of such person or of a third person…”
On the count of manslaughter in the first degree, it is alleged that Whitfield intended to cause physical injury to another person, and by stabbing Button four times did cause his death. It’s alleged the instrument used was a folding knife.
Whitfield will appear in Chenango County Court at a later date for a felony arraignment.
When the Chenango County Grand Jury met this month, they did not indict Whitfield on the murder charge.
Whitfield was first arraigned in local court and Smithville Town Justice Jordan Lilly remanded Whitfield to the Chenango County Correctional Facility without bail.
A bail hearing was set for March 10, 2014 at the Chenango County Courthouse where Whitfield was represented by attorney Michael J. Mucci. The people were represented by Assistant District Attorney Michael Ferrarese. The matter was still in local court, as Whitfield had not been indicted by a grand jury yet.
Mucci told the court that Whitfield is employed and has family and ties to the community. The prosecution did not object to the court setting a bail amount.
Chenango County Court Judge Frank B. Revoir Jr. set Whitfield’s bail at $150,000 cash or $300,000 property.
Rather than indicting for the charge of murder in the second, the grand jury handed up an indictment with the charges of one count of manslaughter in the first degree, a class B felony; one count assault in the first degree, a class B felony; manslaughter in the second degree, a class C felony; and assault in the second degree, a class D felony.
The difference in charges lies with intent. In New York, the charge of murder in the second states, "With intent to cause the death of another person, he causes the death of such person or of a third person…”
On the count of manslaughter in the first degree, it is alleged that Whitfield intended to cause physical injury to another person, and by stabbing Button four times did cause his death. It’s alleged the instrument used was a folding knife.
Whitfield will appear in Chenango County Court at a later date for a felony arraignment.
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