NORWICH – For what he said was the first time ever in his tenure as Chenango County Court Judge, on Monday, Oct. 24, Judge Frank B. Revoir reduced a felony charge to a misdemeanor upon sentencing a defendant.
The Judge's decision came after a father's plea in the case of 21-year-old Maxwell Horton, who had previously agreed to enter a plea of guilty to grand larceny in the third degree, a class D felony.
Horton was originally placed on interim probation following his conviction, but he failed to attend required community service, and failed out of drug treatment court, and thus landed back in County Court for re-sentencing.
The victim of the crime in the case was Horton's father, who appeared in court on Monday, and delivered an emotional victim impact statement.
“I just wanted to address the court to say a bit about Max and us,” Horton's father began. “My son has struggled with drug use and addiction. The long spiral down started with a prescription of Oxycontin.”
Horton's father went on to explain that as his son's addiction worsened, the family sought many ways to treat him, but ultimately failed. Horton's son eventually ended up stealing a camera from his father that was valued at more than $16,000, which he then proceeded to sell for money to fuel his addiction. That is where the grand larceny charge stems from.
Horton's father reported the incident to police in a last ditch effort to seek treatment for his son.
“Marsha (Horton's mother) and I have forgiven him, and we hope he gets well,” said Horton's father.
Chenango County District Attorney Joseph McBride said that this was a particularly sad case. “We've all tried to get him (Maxwell) help to a life without drugs. He's got to change his life if he wants to be a father to his child and be a productive member of society,” said McBride. “He has no idea of the heartbreak that he has caused his family and the community. There is no reason he couldn't conquer the world if he didn't use the drugs that brought him here.”
Judge Revoir acknowledged that the reason Horton's father reached out to the justice system was in a last ditch attempt to get his son the help that he needs. “We did try everything possible,” said Revoir. “We can't help him anymore. What are your thoughts on your son being a convicted felon?”
“We need to realize that this is an illness that needs to be treated,” said Horton's father. “It is a difficult situation. My focus is that he gets better. To answer your question, I feel absolutely terrible that my son is going to have a felony conviction, he's been through a lot.”
“I'm going to do something different than I've ever done in a case like this before,” replied Judge Revoir. “I don't think that this offense warrants a felony conviction.” Revoir then proceeded to convert the felony charge into a class A misdemeanor of petit larceny.
“Had you stole someone else's camera, I would have had no problem convicting you of the felony,” said Revoir to the defendant. “You better be very appreciative. It's not too late (to change your life). If you love your parents, after this, you better love them even more.”
Revoir sentenced Horton to a definite sentence of one year to be served in the Chenango County Correctional Facility.
Horton signed a written waiver of appeal at the conclusion of proceedings.