NORWICH– Last Friday Chenango County Court convened to hear the cases of five individuals.
Judge Frank B. Revoir Jr. was the Chenango County Court Judge presiding over each of the cases.
Public Defender John Cameron, represented four of the five individuals, with the other defendant representing himself. The District Attorney, Joseph A. McBride was present on behalf of the people.
• Jesse J. Dann, 21, of Norwich appeared in court from the Chenango County Correctional Facility in
order for a change of plea to take place as well as sentencing.
Cameron began the case by stating his understanding on the matter and that his client was ready to move forward, “I understand Mr. Dann's case is before you for the first count of criminal possession of a controlled substance in the third degree, a class B felony. He would be sentenced to five years probation, to serve 6 months in the correctional facility, with treatment court to follow, as well as a written waiver of appeal.”
After asking Dann various questions, Revoir did state that Dann has fulfilled his split portion of the sentence due to time already served and would essentially be released from the correctional facility later that day, if in fact he changed his plea to guilty.
It was noted that Dann has no permanent residence, and is therefore homeless once released.
Revoir then read the first count of Dann's charge, “On Jan. 9, 2015 at a business in the Village of Sherburne, did knowingly possess nine individually wrapped packages of heroin, with the intent to sell. This is the crime of criminal possession of a controlled substance in the third degree, a class B felony.”
Dann then changed his previous plea of not guilty and entered a guilty plea.
“You’ve been in jail for four months, you hold the keys to your future. Get out and stay off drugs, if not you’re going to go to state prison. We're losing people every week, it is not fair and it has got to end,” said McBride.
“Thank you for incarcerating me,” said Dann.
Dann was sentenced to a split incarceration of 6 months, which has already been served, as well as five years probation with the drug treatment court program. After the written waiver of appeal was signed, the court imposed no additional fees or surcharges.
Revoir instructed Dann to immediately report to social services in Norwich in order to set up housing, due to his housing situation.
“The best ‘thank you’ you could give is to complete drug treatment court and stay drug free. McBride is right, drugs are taking over our community and it needs to stop,” said Revoir.
• Russell W. Rowe, 39, of Afton appeared on matters of plea and sentencing as well.
Cameron noted his client was ready to move forward with a plea change and sentencing, on the first and second charges of his indictment.
Revoir read the charges, “First count of the class E felony of aggravated unlicensed operation in the first degree. On august 16, 2015 in Afton, did operate a Chevy pick-up while his ability was impaired by alcohol having more that .08 BAC, and while knowing that his license and privilege to get a license was revoked.” said Revoir.
Revoir the continued reading the second charge of the indictment which read the generally the same but charged Rowe with driving while intoxicated, a class A misdemeanor.
Rowe did change his plea to guilty on both counts.
It should be noted that Rowe, in open court did concur with the Judge’s questioning, alleging that Rowe does have a previous DWI charge on his record.
Rowe was sentenced to one year definite sentence at the Chenango County Correctional Facility for the class E felony of aggravated unlicensed operation, as well as one year definite sentence to run concurrent for the DWI charge. There was a $500 fine, $395 crime victim fee, and a $50 DNA fee.
Rowe did have his driving privileges revoked and did sign an ignition interlock form as well as the written waiver of appeal.
“Rowe got into a family fight, cant drink and drive, way too old not to realize you have an alcohol problem. Stop drinking or stop driving. No one wants to see you drinking and driving down the road. Good luck,” said McBride.
• Joshua A. Nichols, 27, of Norwich appeared in court from the CCCF on a return of warrant charge.
Nichols was originally arraigned on Sept. 18 and entered a plea of not guilty. At the time, bail was set at $10,000 cash or $20,000 bond, bond was posted.
“I agreed to keep bail the same if no more violations occurred,” said Revoir.
Nichols was again arrested on Sept. 26, 2015 for allegedly driving while intoxicated down a sidewalk, with a BAC of .16 percent.
“Allegations are that you broke into your girlfriend’s apartment, after an order of protection had been issued. This other arrest happened about a week after I saw you in Town Court. Your actions are escalating. I don’t know what is going on in Mr. Nichols life, his conduct gives me great concern,” said McBride.
Cameron responded saying, “He has been in jail since Monday, this most recent charge does not involve the matter before. He showed bad judgement, but it doesn’t have to do with the original charges. I ask bail be continued, and he meet with Mr. Everard. My client needs counseling.”
Revoir reset the bail raising it to $25,000 cash or $250,000 bond, as well as stated that if Nichols were to post bail again, he must follow the terms and conditions set forth before and reside at his permanent residence with no more violations.
Nichols was remanded back to the CCCF as he waits for the pre-plea process and interview process to continue.
• Anthone J. Fish, 22, was present in court from the CCCF in order to possibly change his plea.
Fish was charged with the Class D felony of assault in the second degree.
Allegedly, on Oct. 27, 2014 at the Valley Ridge Center in the Town of Norwich, with intent to cause harm, Fish threw a wooden table at an employee, hitting her in the head and causing a concussion.
Fish did change his plea to guilty on this charge.
The offer on the table from the District Attorney's office was a determinate two years in New York State Prison, with three years post release supervision, as well as an order of protection filed for the victim.
Fish will appear back in Chenango County Court on Nov. 13, at 9:30 a.m. for sentencing.
• Timothy M. Norris, 34, of Oxford represented himself in Chenango County Court due to a lack of funds to afford an attorney, while also being turned down for a public defender.
Norris was back in front of the court, due to being found to be driving while on probation for a DWI related offense.
“I do take the conditions of my parole very seriously, I am working full time, I want to keep my job and be productive in the community,” said Norris.
It should be noted that Norris did successfully complete treatment court, as well as not used any drugs or alcohol.
This most recent violation came as a aggravated unlicensed operations charge, as Norris was found to be driving to work, as he allegedly had no other means to get to work.
Norris has also served his original sentence time in full, as well as the three weeks imposed by the Norwich City Court on the most recent aggravated unlicensed operations charge.
“I have been clean and sober for 18 months, I just had a lapse of judgement and needed to get to work, I am sorry,” said Norris.
McBride moved to say he did not oppose a lesser sentence from the court, based on the circumstances.
“You have been penalized for your actions already. I am going to direct the petition be withdrawn. This means that they can hold this over your head if there are any further violations,” said Revoir in conclusion.