Four charged with burglary waive felony hearing, three post bail
BUTTERNUTS — The four Utica residents who have been held in the Otsego County Correctional Facility since they were apprehended following a nine-hour multi-agency search appeared in the Town of Butternuts Court Monday night for the purposes of a preliminary felony hearing.
The defendants were charged with burglary in the second degree, a class C felony. This means that it is alleged the defendants entered or remained unlawfully in a building or residence with the intent to commit a crime, and while in said building – or in flight therefrom – were either armed, caused physical injury to another person, used or threatened the use of a dangerous instrument, or displayed what appeared to be a firearm.
When authorities were searching for those involved in the alleged burglary, residents of South New Berlin, Gilbertsville, Butternuts, and all surrounding areas were instructed to lock their doors and remain inside.
Following the lengthy search that involved a helicopter, armored vehicle, and semi-automatic weaponry, the four were apprehended by authorities early in the morning of Aug. 14.
After speaking with their respective attorneys, and after a conference between the attorneys and the prosecution, the Town of Butternuts Justice Claudette Newman agreed to the terms laid out in the disposition, and the bail amounts for all four individuals was lowered.
“It is my understanding that if the defendants waive this preliminary felony hearing, bail will be reduced by half,” said Newman.
All four had to agree to waive the felony hearing that was scheduled for Monday in order for bail to be decreased.
Michael Mack’s bail was reduced to $2,500 cash, $5,000 bond; Shirley Lamphere’s was reduced to $1,500 cash, $3,000 bond; Ricky Woods, $1,000 cash, $2,000 bond; and Jyra Nash’s was set at $500 cash or $1,000 bond.
Newman asked all of the defendants if they understood the terms and conditions of the order of protection that are in place for the victims.
“I understand,” said Mack. The others agreed.
Mack’s attorney Rebecca Whitman addressed the court to say there were copies of paperwork missing from a defendant’s statement, which she would like to obtain from the District Attorney’s office.
The specifics of the case were not discussed at the court appearance. New York State Police Trooper Nathan Riegal did not return a call as of press time with additional details.
Newman adjourned court until Sept. 25, where the four are to appear.
As of press time Tuesday, the Assistant District Attorney covering the case, Paul Elkan, was not available for further comment. Justice Newman also did not return a phone call.
Mack posted bail and was released from the Otsego County Correctional Facility at approximately 11 p.m. Monday night. Woods and Nash also posted bail and were released. Lamphere remains in OCCF.
Additional information will appear in an upcoming edition of The Evening Sun.
The defendants were charged with burglary in the second degree, a class C felony. This means that it is alleged the defendants entered or remained unlawfully in a building or residence with the intent to commit a crime, and while in said building – or in flight therefrom – were either armed, caused physical injury to another person, used or threatened the use of a dangerous instrument, or displayed what appeared to be a firearm.
When authorities were searching for those involved in the alleged burglary, residents of South New Berlin, Gilbertsville, Butternuts, and all surrounding areas were instructed to lock their doors and remain inside.
Following the lengthy search that involved a helicopter, armored vehicle, and semi-automatic weaponry, the four were apprehended by authorities early in the morning of Aug. 14.
After speaking with their respective attorneys, and after a conference between the attorneys and the prosecution, the Town of Butternuts Justice Claudette Newman agreed to the terms laid out in the disposition, and the bail amounts for all four individuals was lowered.
“It is my understanding that if the defendants waive this preliminary felony hearing, bail will be reduced by half,” said Newman.
All four had to agree to waive the felony hearing that was scheduled for Monday in order for bail to be decreased.
Michael Mack’s bail was reduced to $2,500 cash, $5,000 bond; Shirley Lamphere’s was reduced to $1,500 cash, $3,000 bond; Ricky Woods, $1,000 cash, $2,000 bond; and Jyra Nash’s was set at $500 cash or $1,000 bond.
Newman asked all of the defendants if they understood the terms and conditions of the order of protection that are in place for the victims.
“I understand,” said Mack. The others agreed.
Mack’s attorney Rebecca Whitman addressed the court to say there were copies of paperwork missing from a defendant’s statement, which she would like to obtain from the District Attorney’s office.
The specifics of the case were not discussed at the court appearance. New York State Police Trooper Nathan Riegal did not return a call as of press time with additional details.
Newman adjourned court until Sept. 25, where the four are to appear.
As of press time Tuesday, the Assistant District Attorney covering the case, Paul Elkan, was not available for further comment. Justice Newman also did not return a phone call.
Mack posted bail and was released from the Otsego County Correctional Facility at approximately 11 p.m. Monday night. Woods and Nash also posted bail and were released. Lamphere remains in OCCF.
Additional information will appear in an upcoming edition of The Evening Sun.
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