NORWICH – Two men, one convicted of possessing a stolen gun and another a repeat felon drug dealer, were sentenced to prison on Jan. 12 in Chenango County Court by Judge Frank B. Revoir, Jr.
• Jose A. Ortiz-Perez, 41 of Allentown, Pa., was indicted on Jan. 16, 2013 for two counts of criminal possession of a controlled substance in the third degree, a class B felony; criminal possession of a weapon in the second degree, a class C felony; and criminal possession of stolen property in the fourth degree, a class E felony.
On Oct. 10, 2012, at approximately 5:54 p.m. on state Route 8 in the Town of Norwich, it is alleged Perez did knowingly and unlawfully possess 2 knotted plastic bags of the narcotic drug cocaine with an aggregate weight of 40.83 grams (more than one-half ounce) and a stolen Kimber Custom Shop .45 caliber automatic handgun with laser grips.
The stolen handgun's magazine was loaded with seven Blazer .45 auto rounds properly seated in the pistol.
Perez attended his plea and sentencing on Jan. 12 in shackles and orange, almost a year after he was indicted and nearly two years after his arrest.
According to District Attorney Joseph A. McBride, the reason it took so much time for Perez to be sentenced is because he did not show up to a court proceeding after his arrest and was wanted for some time for failing to appear. He also said another individual with the same name was mistaken for Perez and arrested for the alleged crimes, but the individual was able to convince authorities that he was not Perez and was released.
Since Perez is originally from Puerto Rico, his first language is Spanish, and he speaks very little English. Interpreter Anthony Colon attended court to communicate on Perez's behalf.
Perez pleaded guilty to the class C felony of criminal possession of a weapon in the second degree.
McBride said Perez will be going to prison longer than he would have originally, because he did not show up to court like he was supposed to after his arrest. He said this is what led to the wrong person being arrested for Perez's crimes.
“I really hope you do not have any more issues with the law or you will wind up back in state prison,” said McBride to Perez through Colon.
Colon interpreted a statement Perez made on his own behalf. He said, “As a human, I make mistakes, and I acknowledge my mistakes. It is my first mistake, and I feel very bad for it.”
Revoir said although Perez's sentence may seem like an extremely long time, Perez will get out and have the rest of his life to look forward to.
Perez was sentenced to a determinate sentence of three and a half years in the New York State Department of Corrections and five years post release supervision.
“I hope you stay true to your word, that this was a mistake and you will become a law-abiding citizen,” said Revoir.
• Rodney H. MacLaury, Jr., 32 of Norwich, was indicted on Aug. 20, 2014 for two counts of criminal possession of a controlled substance in the third degree, a class B felony; and criminal nuisance in the first degree, a class E felony.
It is alleged on June, 26, 2014 at 23 Silver St. in the City of Norwich, MacLaury, while acting in concert with another, did knowingly and unlawfully allow individuals to gather at his residence for the purpose of engaging in unlawful sales of controlled substances, which he did benefit from monetarily.
It is also alleged he knowingly and unlawfully possessed 21 glassine envelopes of the narcotic drug heroin and 20 individually wrapped packages of the narcotic drug cocaine.
MacLaury pleaded guilty to the class B felony of criminal possession of a controlled substance in the third degree.
According to First Assistant District Attorney Michael D. Ferrarese, MacLaury is a predicate felon, who has had several failed attempts at being treated for drug addiction in the past.
Ferrarese said MacLaury has a long history of dealing drugs, as well as being a longtime user of narcotics. He also said MacLaury made the statement that moving back to Norwich was a mistake because he was negatively influenced by the same people from his past.
“Try not to come back to Norwich if you feel it is not the right place for you,” said Ferrarese. “If you don't change people, places and things, there is a good chance you will be back before this court for similar charges.”
MacLaury made a statement on his own behalf and said, “I admittedly accept this whole situation. I am a man of my word, so I am here trying to make things right and do the right thing. I got caught up with the wrong people and ended up going down the wrong road. Hopefully I can change that.”
Revoir said in his short tenure on the bench, he has already had a history with MacLaury. “You are one of those people who is an example of what they say is the difference between an alcoholic and an a addict. There is often no rock bottom for a drug addict,” said Revoir.
“You have lost your children forever. You've lost everything. You have had more than nine lives along the way,” added Revoir.
According to Revoir, the courts tried many interventions with MacLaury and nothing worked, so now he is going to prison. He said despite MacLaury having a good work ethic and skills, he still chooses to participate in his cycle of dealing and addiction.
“All our attempts at other types of intervention have failed, which is unfortunate because now you are going to prison,” said Revoir. “I think it's bigger than Norwich, but if you feel somewhere else is best for you, then I hope you find somewhere.”
MacLaury was sentenced to a determinate sentence of four years in the New York State Department of Corrections and one and a half years post release supervision.