Oxford man who took DWI case to trial sentenced
NORWICH – An Oxford man who decided to take his felony driving while intoxicated case to trial was sentenced in Chenango County Court last Friday, Sept. 9.
Thomas Toomer II, 34, agreed to enter a plea of guilty to a charge of misdemeanor DWI after his trial on July 6, before the jury could reach a verdict.
According to his May, 2015, indictment, Toomer was accused of driving a motor vehicle on a public highway at 3:58 p.m. on April 3, 2015, in the Town of McDonough. It was alleged that he had .09 of one percentum of alcohol in his blood as shown by chemical analysis of his breath. Further, it is alleged Toomer swayed as he walked, had bloodshot, watery eyes, and his breath smelled of alcoholic beverage.
In a trial that lasted three days, the jury heard testimony from victims of the accident that Toomer allegedly caused, as well as from the New York State Trooper who attended the scene of the crash, and compiled an accident report. Toomer also testified on his own behalf.
After over eight hours of deliberations, Toomer reached an agreement with the Chenango County District Attorney's Office, where he would plead guilty to a charge of misdemeanor DWI in exchange for a sentence of seven months incarceration in the Chenango County Correctional Facility.
Reappearing in Chenango County Court on Friday for sentencing, Chenango County District Attorney Joseph McBride, who led the prosecution of the case, said, “He's (Toomer) been given an opportunity to have a misdemeanor conviction instead of a felony. He has young children. I hope he takes this time in jail to re-evaluate his life and that the next time we see him is to say hello on the street.”
This is the second time that Toomer has taken a DWI case to trial. Back in February, 2010, Toomer was also facing a felony DWI conviction, but took his case to trial, and was ultimately convicted of driving while ability impaired, a misdemeanor.
Thomas Toomer II, 34, agreed to enter a plea of guilty to a charge of misdemeanor DWI after his trial on July 6, before the jury could reach a verdict.
According to his May, 2015, indictment, Toomer was accused of driving a motor vehicle on a public highway at 3:58 p.m. on April 3, 2015, in the Town of McDonough. It was alleged that he had .09 of one percentum of alcohol in his blood as shown by chemical analysis of his breath. Further, it is alleged Toomer swayed as he walked, had bloodshot, watery eyes, and his breath smelled of alcoholic beverage.
In a trial that lasted three days, the jury heard testimony from victims of the accident that Toomer allegedly caused, as well as from the New York State Trooper who attended the scene of the crash, and compiled an accident report. Toomer also testified on his own behalf.
After over eight hours of deliberations, Toomer reached an agreement with the Chenango County District Attorney's Office, where he would plead guilty to a charge of misdemeanor DWI in exchange for a sentence of seven months incarceration in the Chenango County Correctional Facility.
Reappearing in Chenango County Court on Friday for sentencing, Chenango County District Attorney Joseph McBride, who led the prosecution of the case, said, “He's (Toomer) been given an opportunity to have a misdemeanor conviction instead of a felony. He has young children. I hope he takes this time in jail to re-evaluate his life and that the next time we see him is to say hello on the street.”
This is the second time that Toomer has taken a DWI case to trial. Back in February, 2010, Toomer was also facing a felony DWI conviction, but took his case to trial, and was ultimately convicted of driving while ability impaired, a misdemeanor.
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