By Cameron Turner
Sun Staff Writer
cturner@evesun.com
NORWICH – Five individual cases were heard throughout the day this past Friday, Nov. 13, in Chenango County Court.
Judge Frank B. Revoir Jr. was the Chenango County Court Judge presiding over each of the cases.
District Attorney Joseph A. McBride was present on behalf of the people.
• Anthone J. Fish, 22, of Norwich was the first matter on the schedule, as Fish was appearing with his attorney Public Defender John Cameron for sentencing purposes.
Fish was originally indicted on Nov. 19, 2014 for assault in the second degree, a class D felony; and assault in the third degree, a class A misdemeanor.
It is alleged that on Oct. 27, 2014 at approximately 4:30 p.m. at the CIT building in the Town of Norwich, that Fish did intentionally cause physical injury to a staff member of the treatment facility. Fish allegedly threw a wooden table at the victim, striking her in the head and causing her to have a concussion.
Fish previously entered a guilty plea on Oct. 23, 2015, to the charge of assault in the second degree, a class D felony.
“The defendant has limitations, but he needs to understand even with the limitations he needs to follow all the rules. It is my understanding that since he has left the CIT, that he has abided by all the rules,” said McBride.
Fish was given a chance to speak on his behalf saying, “I got out of control that day, I didn’t mean to hurt them, I'm sorry.”
Fish was sentenced to two years in the New York State Department of Corrections followed by three years probation following his release.
A written waiver of appeal was signed at the time of sentencing.
• John W. Quinn Jr. of Sherburne was in Chenango County Court for purposes of a possible change of plea and sentencing.
Quinn was represented by Public Defender John Cameron on the matter.
Cameron began by stating for the record what the agreed upon disposition was, “it is proposed that my client would change his not guilty plea to guilty to the charge of criminal possession of a controlled substance in the fourth degree. He would then receive a determinate sentence of five years in the New York State Department of Corrections with three years post release supervision.”
“This guilty plea would be in satisfaction of the other charges and would in fact reduce his charge down to a class C criminal possession charge,” said Revoir.
After swearing in Quinn and asking various questions as to if he was able to change his plea Revoir read the indictment, “The charge is a class C felony of criminal possession of controlled substance in the fourth degree, and that on July 13, 2015 in Sherburne you did possess a Mountain Dew bottle that contained methamphetamine.”
Quinn entered a guilty plea to this charge.
“I don’t know what is going on in his life, but the rest of the family seems to be involved as well in methamphetamine. The defendant is given an opportunity to get help and stay clean now. I believe your life was spared by being caught. Have a game plan for when you get out, you’re not going to leave so please use this this time to get a game plan,” said McBride.
Revoir then asked Quinn that if on April 30, 2012, Quinn did in fact get convicted of the crime of criminal possession of a controlled substance in the third degree.
To which Quinn affirmed that he had been convicted of that charge previously.
“I concur with Mr. McBride, this is a punishment but its also an opportunity to take advantage of the programs the department of corrections has to offer. This is a severe sentence but you’ve already been to state prison, you’re a predicate felon now. I just hope you have a game plan when you get out,” said Revoir.
Quinn was sentenced to a determinate sentence of five years in the New York State Department of Corrections with three years post release supervision.
No fees, fines or surcharges were imposed by the court.
A written waiver of appeal was signed.
• William R. Miller of Gilbertsville was also represented by Public Defender John Cameron in court.
Miller is charged with five separate offenses, all drug related.
The five charges Miller is facing are; a class B felony of criminal sale of a controlled substance in the third degree; two counts of the class B felony of criminal possession of a controlled substance in the third degree; a class A misdemeanor of criminal possession of a controlled substance in the fifth degree; and the class A misdemeanor of criminal possession of a controlled substance in the seventh degree.
McBride filed his affidavit of service at this time stating, “I am not asking for bail to be issued but instead for him to be released in an ATI program, This man has no prior arrests. If he is monitored he can be successful, this is a man getting involved in drugs at the later stages of his life which confuses me.”
Revoir agreed and decided to release Miller on his own recognizance.
Miller is to report to Mr. Everard who will be monitoring him while he is released.
Miller then asked the court, “My only question your honor, is that my son graduates in June in Washington, would I be able to go to that?”
“I have no objection with this man going to Washington State for his sons graduation,” said McBride.
Revoir indicated that that could be discussed at a later time and issued a pre plea investigation be ordered to continue on with the matter at a later date.
• Scott M. Bush was recently picked up on a bench warrant on Monday Nov. 9, this warrant was issued by Chenango County Court after a violation of parole petition was issued.
Bush was without representation in court, Cameron agreed to stand in for the time being as his attorney.
It should be noted that Bush did originally have an assigned attorney for the original matter, but was unable to reach them at this time.
“Today my client will enter a general denial on all counts of the petition of violation. I ask that this be scheduled for a later date and set down for a hearing,” said Cameron.
Revoir set the matter down on the Calendar for Monday Dec. 7, 2015 for a hearing.
Bush was remanded back to the Chenango County Correctional Facility.
• Clifford J. Beardsley, also was in Chenango County Court without council.
Beardsley was in court for an alleged violation of parole petition that was issued by the probation department.
“I am working, paying restitution, I wont qualify for a public defender, and I don’t really recall who my original attorney was that I had for the original matter,” said Beardsley.
The alleged violation happened when Beardsley was found driving a vehicle in the Town of Afton without a license. Two hydrocodone pills were allegedly found on Beardsley at the time of the arrest.
“If I tested you today would you test positive for narcotics or would you be clean?” asked Revoir.
“Yes, I'd be clean,” said Beardsley.
“This man is convicted of stealing tens of thousands of dollars of copper pipes after breaking into a house. Victim is very upset that they haven’t received more of the restitution. He just informed the court that he has an open case in Afton because of those reasons, along with not making meaningful payments, as well as having drug convictions. I'd ask that he definitely be remanded to the correctional facility until we can sit down and discuss this matter,” said McBride.
The proposed payment per month for the restitution was $75 a month.
“I have been paying $100 a month, I have been paying,” said Beardsley.
The probation officer who monitors Beardsley was present in court indicated that payments had been made but that Beardsley has also missed some payments and had not actually made a payment since Sept. this year.
“Your honor he has missed payments and it is recorded on the record. Look at the record, no payment in April, May, October, November of this year alone,” said McBride.
“I am going to adjourn this matter, we will set this down for a week from now. You will need to be here with your attorney in a week. I advise that you get all caught up on all your missed payments by then,” said Revoir.
Beardsley was not remanded to the CCCF and will reappear in Chenango County Court at a later date.