NORWICH – A man admitted to beating two adults and now sits in the Chenango County Correctional Facility without bail awaiting sentencing.
Christopher L. Turner was arrested in April of 2014 following a call of a domestic dispute. It was alleged that he unlawfully entered a residence, and while inside injured two adult victims, while four children were also in the home.
Turner was facing a ten count indictment. A Chenango County grand jury indicted Turner on the following charges in May 2014: two counts of first degree assault, a class B felony; burglary in the first degree, a class B felony; burglary in the second degree, a class C felony; assault in the second degree, a class D felony; aggravated criminal contempt, a class D felony; and four counts of endangering the welfare of a child, a class A misdemeanor.
On Nov. 2, 2015, Turner appeared in Chenango County Court with his attorney F. Paul Battisti for the purpose of possibly changing his pleas from not guilty to guilty.
First Assistant District Attorney Michael Ferrarese appeared on behalf of the people.
Chenango County Court Judge Frank B. Revoir Jr. presided over the matter.
“I know we’ve had numerous motions in this matter, numerous court appearances and numerous conferences,” said Revoir. “I’ll try to state and set forth on the record what I perceive is the agreement and then I’ll let counsel for the prosecution and the defense chime in if there’s something I haven’t stated correctly.”
Revoir continued by explaining the proposition: Turner would enter guilty pleas for five out of the ten charges. The court will impose the sentence, and time for all of the five counts will run concurrently – as in at the same time. Revoir said the court would “commit itself that the cap on the sentencing would be a determinate sentence of no greater than seven years to be followed by no greater than five years post-release supervision.”
The minimum sentence to the top count that Turner could receive by the court is five years incarceration followed by two and a half years post-release supervision.
Turner would additionally be required to submit his DNA to the state data bank, and those fees and surcharges were waived.
Restitution – an amount that will be determined by the time of sentencing – will be paid to the victims in the form of a civil money judgement.
An order of protection will be issued for both adult victims for the maximum amount of time allowable under the New York State law.
Defense attorney F. Paul Battisti said that what Revoir laid out as the proposed agreement was consistent with what had been discussed. Battisti said that his defendant wishes to, “put this all behind him so he can move forward, his family can move forward, it’s my understanding pending your Honor’s allocution, that he wishes to avail himself of that offer.”
Ferrarese said that he would like it on the record that, “There’s no promises or guarantee made by this Court or by the People or by defense counsel that there may not be a civil lawsuit” with regard to insurance bills that were paid by the victims.
“Mr. Turner,” said Revoir, “What that means is that ultimately as part of this sentence, whatever the out-of-pocket medical expenses that were incurred by the two adult victims, they would be reduced to a civil money judgement. I’m not addressing what the insurance companies, if there were health insurance companies, medical insurance companies, that paid some, I have no idea what was paid by those companies, but those companies have an independent right separate and apart from this proceeding, if they choose to pursue you for a money judgement for monies that were paid by the insurance company on behalf of either victim … has no bearing on this proceeding.”
Said Revoir, “I’m telling you they may in fact and it’s likely they will sue you to obtain money judgements.”
Turner then said – following the disclosure of the agreement – that he wished to proceed with the change of the pleas.
Turner was sworn in, and Revoir asked various questions with regard to his ability to read, write, and any history of confinement for mental or emotional disorders. Turner admitted that he previously completed 35 days in a rehab. Turner confirmed for the judge that he had not had drugs or alcohol prior to the appearance.
Turner said he was satisfied with the work Battisti had done for him, and that he felt he had enough time with his attorney before opting to change his plea to guilty.
Revoir asked Turner if he understood his rights – including the right to continue to trial, the right to be represented by an attorney at said trial, the right to remain silent at trial, right to cross-examine witnesses, subpoena witnesses and the right to demand that the People establish guilt beyond a reasonable doubt.
Turner said he agreed to each right.
“Do you understand that by pleading guilty today, you’re giving up each and every one of these rights and a guilty plea is the same of equivalent of having gone to trial and having been found guilty by a jury?” asked Revoir.
“Yes,” said Turner.
Based upon the agreement, Turner was to plead guilty to the third, fourth, fifth, six and seventh counts of the indictment.
Turner did not have to enter pleas for the two counts of assault in the first degree, class B violent felonies, and based upon the agreement only was to plead to one endangering the welfare of a child count, when he was indicted on four.
“The third count charges you, Mr. Turner, with the crime of burglary in the first degree, a class B felony,” said Revoir. “ It alleges that you, on or about April 12, 2014, at approximately 11:36 p.m. at [a home in Preston] did knowingly enter and remain unlawfully in the residence of [female victim] with the intent to commit a crime therein and did commit the crime of assault in the second degree by repeatedly striking [two victims] in the head causing physical injury.”
Revoir asked Turner if his plea was guilty or not guilty.
“Guilty,” said Turner.
Revoir continued with the other counts of the indictment, which included the class C felony of burglary in the second degree, class D felony of assault in the second degree, class D felony of aggravated criminal contempt, and class A misdemeanor of endangering the welfare of a child.
Turner entered guilty pleas to the above charges.
Ferrarese then was given the opportunity to question Turner.
“Mr. Turner, on April 12, 2014, at approximately 11:36 p.m. you unlawfully entered the residence of [female victim] through a window, isn’t that correct?” asked Ferrarese. Turner said yes.
“And you didn’t have permission to enter that residence, did you?” Ferrarese asked. Turner said no.
“In fact,” asked Ferrarese, “there was an order of protection outstanding for you to stay away from [female victim] at her residence, isn’t that correct?” Turner responded in the affirmative. “And once you entered the residence, you then began to repeatedly punch [female victim] about the head and the face, isn’t that correct?” Ferrarese asked. Turner again said yes.
“And then you turned on the other victim, [a male], and repeatedly punched him in the head and face?” asked Ferrarese. Turner said yes.
“At some point in time,” asked Ferrarese, “you took a dresser drawer and then began to hit [male victim] about the head and face with that dresser drawer, isn’t that correct?” Turner again said yes to the question.
Ferrarese continued by asking if Turner was aware that there were four children inside the home under the age of 17, to which Turner said he was aware.
Following the colloquy, Revoir said the guilty pleas were accepted by the court.
“I will need to order a pre-sentence investigation report as the pre-plea report that was done in this matter is more than a year old and we need to have a new report,” said Revoir.
Sentencing was adjourned for Jan. 4, 2016 where Turner will be handed down a sentence of anywhere from five years in prison with two and a half years post-release supervision, to seven years in prison with five years of post-release supervision.