NORWICH— A convicted sex offender was re-sentenced, and repeat drunk driver pleaded guilty and was sentenced on Nov. 21 in Chenango County Court.
• Richard D. Downey, 77, Oxford, was convicted of two sex offender charges, one in 2006 and another in 2008. He was sentenced to 10 years of probation.
Downey violated his probation this year and was remanded to the Chenango County Correctional Facility without bail by Judge Frank B. Revoir, Jr. on Oct. 27.
Downey was not to own, use or possess sexually stimulating materials as part of the terms of his probation. Sexually stimulating materials were found on his cell phone.
“Judge, he wasn't to possess pornography or child pornography. He was hiding his cell phone from his probation officer,” said First Assistant District Attorney Michael D. Ferrarese. “His probation officer found pornographic images of people under the age of 18 on his phone.”
Ferrarese also said society needs to be kept safe from Downey and that he needs to learn to “stop this behavior.”
Revoir said people charged with viewing child pornography do not always understand why it is such a serious charge. He also said it is a serious public policy issue.
“There are people out there exploiting children. Those people keep doing it because they have an audience. If we take away the audience, then the guy on the other end of the camera gets put out of business,” said Revoir.
Downey's probation was revoked, and he was re-sentenced to a one year definite sentence in the county correctional facility to be served concurrently for both previous sex crimes, less time served for each separate charge.
• Shawn M. Foster, 35, Deruyter, pleaded guilty to the class E felony of driving while intoxicated on Nov. 21.
It was alleged on April 13 –at approximately 7:54 a.m.– Foster was driving a Chevrolet K1500 pick-up truck while intoxicated. Foster said he drank beer throughout the night and into the morning and knew he was intoxicated when he got behind the wheel. Foster got into an accident and struck a house, two vehicles and a lawnmower.
The victims said he first totaled the two vehicles and then reversed before coming back and driving into their house. They also said they were at home during the incident and were happy they did not hear him hit their vehicles, because they would have come outside. They said they could have been hurt when he came back the second time and struck the house.
The District Attorney's Office said Foster was lucky no one was killed and that he needs to recognize the full consequences of his actions.
Foster has two previous drinking charges in 2007 and 1997. He was charged with a misdemeanor DWI in 2007.
Revoir said Foster has only been in trouble for drinking charges. “You're certainly not public enemy number one,” added Revoir.
“It is remarkable no one was hurt with you running into someone's house and later being found in a field laying under a tree, so intoxicated you were unable to speak,” said Revoir. “You can never drink and drive again.”
Foster received a one year definite sentence at the county correctional facility and a one year conditional discharge upon his release.
Foster paid a restitution of $1,500 cash, despite owing a total of $5,820. Insurance companies could sue Foster civilly for the remainder.