NORWICH— A Norwich man represented himself in a non-jury trial for disorderly conduct, a convicted felon was sentenced to jail for assault and two others’ sentences were adjourned for contemplation of dismissal in Norwich City Court on Jan. 8.
• Robert Gallo, Jr., 32, Norwich, was charged with disorderly conduct for allegedly fighting or engaging in violent, tumultuous or threatening behavior.
Gallo had a non-jury, trial by judge before Judge James E. Downey on Jan. 8.
After Gallo approaching Downey without a lawyer by his side, Downey asked Gallo where his attorney was.
“I am my lawyer, sir,” said Gallo.
“What? Did you go to law school?” said Downey.
“No, I read a book,” said Gallo. “Street Law. That's what it was called.”
Gallo said he had talked to Second Assistant District Attorney Thomas Bowen and had come to an agreement with him. He said he would be entering a plea of guilty.
When Downey asked Gallo what the agreement was, Gallo said, “A fine set by you, sir.”
Bowen said he told Gallo he would recommend a fine as the sentence for pleading guilty to disorderly conduct, but that he told Gallo sentencing is ultimately up to Downey.
Downey asked Bowen about the case, and Bowen said Gallo allegedly was in a fight with another person, which NPD Officer Carpenter witnessed.
“You've got a lousy record,” said Downey to Gallo.
Regarding the fight, Gallo said to Downey, “I was hit with a rock, sir.”
Downey said the other person involved in the fight, has his side of the story and Gallo has his. “Neither of you have a great record. I don't want to be chasing after you for my money,” said Downey.
Gallo said he has never not paid a fine and pleaded guilty to disorderly conduct.
He was sentenced to pay a $250 fine with a surcharge within 30 days. A full order of protection was issued for the other party.
• Byron Archer, 27, Norwich, was charged with and had previously pleaded guilty to assault in the third degree, a class A misdemeanor.
Archer said he pleaded guilty and will go to jail since he “broke the law,” but that he was defending his girlfriend when he committed the crime of assault.
“Aren't you a married man?” said Downey to Archer in the middle of his statement.
“Yes, I am.” said Archer to Downey, before continuing his statement.
“You said I struck him in the back in the head, but I approached him from the front in order to protect my girlfriend from being harassed. He had previously sexually assaulted her and he was harassing her, saying he was going to do it again,” said Archer.
“He came at me, and I hit him with a broom, because it was the closest thing within my reach,” added Archer.
Archer went on to say the man he assaulted has a long history of criminal activity, which Archer said he has gotten away with. He also said him and his pregnant girlfriend tried to get the man arrested for sexually harassing her, but he was not charged because a member of his family is high up in law enforcement.
“I am not accusing anyone of anything,” said Archer.
“Sounds like you are,” said Downey. “So the whole thing was a chivalrous act on your part?”
“It's just what I did, your honor. I wanted to keep him away from my girlfriend and my kids,” said Archer.
Downey read Archer's “long list” of arrests and convictions, including violent charges and four felony convictions. Archer responded by listing his educational and vocational accomplishments.
“I do have a jaded past, but that [Archer’s record] does not reflect everything I have done,” said Archer.
Downey said it would be a shame for Archer to waste his education and asked if Archer had a job.
“I was working with disabled children, but I can't really do that now with an assault charge, so I have to figure things out,” said Archer.
Archer was sentenced to 150 days in the Chenango County Correctional Facility.
• Zachary Montgomery, 21, Norwich, was charged with criminal mischief in the fourth degree, a class A misdemeanor.
Downey said Montgomery allegedly “beat up a bathroom mirror” at a local bar.
Bowen said the “friendly manager at Denny's” wanted to drop the charges, because Montgomery paid for the damages. He also said the manager said nothing about barring Montgomery from the premises.
The Denny’s manager wrote a letter which stated that Montgomery had paid him $325 to fix the mirror.
“If consuming alcohol leads you to punch out mirrors in men’s bathrooms what does that say?” said Downey to Montgomery. He also said Montgomery should watch his alcohol intake and only drink in moderation.
Sentencing was adjourned for contemplation of dismissal, meaning if Montgomery has no violations of the law and stays out of Denny’s for six months then the charge will be dismissed.
• Joshua Nichols, 27, Norwich, was charged with harassment in the second degree regarding a dispute with his former girlfriend.
“It appears, at this point, their relationship is over. It's kaput. He is going to make sure there is no contact,” said Nichols’ public defender, John D. Cameron.
“I have spoken to the victim, and she just wants him to leave her alone,” added Bowen.
Downey issued a full order of protection for the victim.
According to Bowen, Nichols had no prior criminal history. Nichols also told Downey he has a job.
“Getting arrested for harassment is no way to keep a job,” said Downey. “It truly is over between you and her.”
Sentencing was adjourned for contemplation of dismissal, the charge will be dismissed if there are no violations of the law for six months.