NORWICH – Chenango County Court saw four scheduled court cases all related to felony charges last Thursday. Three of the cases were for a possible change of plea and sentencing purposes, with the fourth appearing on a warrant case.
Judge Frank B. Revoir Jr. was present for all matters on the docket, while District Attorney Joseph A. McBride spoke on behalf of the people of Chenango County.
• Darren C. Whitmoyer, 21, appeared in court with the possibility of changing his plea from not-guilty to guilty.
Whitmoyer was represented by his attorney, Scott Clippinger.
Whitmoyer affirmed intentions of changing his plea to guilty to the top charge of criminal possession of marijuana of more than 8 ounces in the third degree, a class E felony.
Revoir read off the indictment: “On February 27, 2015 in Sherburne, in concert with others, [Whitmoyer] possessed one or more mixtures of marijuana and possessed marijuana more than eight ounces.”
After Whitmoyer pleaded guilty, McBride spoke briefly.
“Although it may be legal in other states, it is still very illegal in our state. You’re getting probation because of your youthful age and lack of criminal record. So I wish you good luck sir. I hope you follow all the guidelines and we don’t see you back here,” said McBride.
Revoir agreed with McBride, adding, “The trend seems to be legalizing marijuana in other states and maybe it will happen in New York. But for right now, it is still illegal. Barring any setbacks, you should be able to master the probation and learn from the skills they teach you.”
Whitmoyer was sentenced to five years probation, with an additional $50 DNA fee, and $325 in other criminal victim fees and surcharges
• Tarik D. Paterson, 33, appeared with his attorney, Rebecca Wittman, on the grounds that he was ready to change his previous plea of not guilty to guilty.
Revoir read off the first count of the indictment: “On January 8, 2014, in concert with others in Norwich, you did possess six plastic bags containing cocaine, with the intent to sell.”
To which Paterson did affirm a guilty plea, charging him with criminal possession of a controlled substance in the third degree, a class B felony.
“We also have a predicate felony statement made by the District Attorney’s Office claiming that on April 7, 2000, in the County of Oneida, you were convicted of robbery in the first degree, is this true?” said Revoir.
“Yes, I did,” answered Paterson.
“Mr. Paterson, you’ve been in trouble dealing drugs in our area before. No one wishes you any ill will, but you can’t deal drugs in our community. You’ll be going away for six years. If it were to happen again, it would be 12 years. Good luck sir,” said McBride.
Paterson was then given a chance to speak on his behalf.
“I apologize to the City of Norwich and Chenango County for my actions. I didn’t specifically target Norwich. I was doing good, I was going to school. But I have a drug problem. I'm really not a bad person, just one decision led to another and not back to getting in trouble,” Paterson said.
Revoir concluded, saying, “You can take advantage of the tools and come out a better person. You’re only 33, so you’ll still be relatively young after six years. So I wish you luck and hopefully you wont be coming back here especially to traffic narcotics. Good luck sir.”
Paterson was sentenced to six years determinate sentence in New York State Prison due to it being his second felony.
The court ordered the $150 found on Paterson at the time of the arrest be forfeited, with no addition fees or surcharges. A written waiver of a appeal was signed.
• Heather Wrench, 27, appeared in Chenango County Court with her attorney, John Cameron, after she was picked up on a warrant issued by the court.
Revoir read the charges that the warrant: “On Sept. 29, you were charged with criminal possession of a controlled substance in the seventh degree, while on probation. This arrest occurred when the boyfriend was arrested at your home. The police allegedly found Heather in the closet with 20 hypodermic needles. It was also made known that you made omissions to shooting up with Suboxone and heroin.”
McBride requested that Wrench be remanded back to the Chenango County Correctional Facility and a hearing be scheduled.
“We've been with Heather off and on for the last five years. she completed drug probation. She’s back here again. If she is using heroin, she is extremely lucky to be alive.We've lost a few more people to overdose over the last few weeks which is very unfortunate. The only way to prevent her from using is to keep her incarcerated. She is safer here, incarcerated,” said McBride.
At this time, Revoir ordered the probation department fill out an update on Wrench and a hearing be scheduled.
Wrench was remanded back to the CCCF without bail.
• Taylor J. Nelson, 22, was present in Chenango County Court with his attorney, John Cameron.
Nelson and Cameron made it known that Nelson was prepared to change his plea to guilty to a reduced charge of attempted burglary in the second degree, a class D felony.
The offer made by the District Attorney's Office was a six-month split sentence followed by a five-year probation term, along with the successful completion of drug treatment program.
Cameron interjected saying, “We're asking the court to reconsider. Instead of a split sentence, my client is asking for a one-year definite sentence.”
“The two televisions that were stolen have been returned to the victim. We have previously been contacted by Mr. Cameron and this would be acceptable,” said McBride.
The court does accept this change of sentencing.
Revoir read the alleged indictment: “On May 29th or 30th, in Bainbridge with another individual, you did knowingly attempt to enter and steal two televisions from the victim’s house.”
Nelson verbally pleaded guilty at this time.
“The defendant stole two televisions from the grandmother of the other individual. Still a very young man, so he will not be going to prison. He has a drug problem and has gotten into trouble because of it. If you get out and continue to use dope, you’ll be sent away from the community for a long time. I don’t say this to scare you, but to hopefully help you. You’ll have eight months to think about your actions and how to fix them,” said McBride.
Revoir concluded by stating, “It says here you are about 22, but started using drugs at 16. If you couldn’t get pills you’ve admitted to using heroin. You’ve been in many drug treatment programs since you were 16, so you’ve had a drug problem. You are choosing to sit in jail for eight months instead of spending five years in drug counseling. I'm not convinced that I am doing the right thing, I just hope you don’t become another statistic in this county. I hope I can see you in two years and you tell me that you haven’t touched a thing.”
Nelson was sentenced to one year determinate to be served at the CCCF.
A written waiver of appeal was signed.