Grand jury indicts Maricle for criminally negligent homicide
NORWICH – The case of James M. Maricle, 25, of Norwich, a man who stands charged with criminally negligent homicide and criminal contempt in relation to the death of 19-year-old Roxanne Shipman, appeared in front of The grand jury of the Chenango County.
When a case gets presented for a grand jury proceeding, the prosecutor will them explain the law to the members of the grand jury, and present the necessary evidence against a particular defendant. The members on the grand jury then decide based on what was presented, whether or not there is reasonable evidence to show that a felony was committed and if there is enough reasonable reasonable cause to believe that the defendant in question committed said felony offense.
Criminal Negligence is described in the NYS Penal Law as when a person “….fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation….”
The first count Maricle faces is of criminally negligent homicide, a class E felony, in violation of section 125.10 of the penal law. According to the indictment, Maricle on or about December 1, 2016, in the City of Norwich did negligently discharge a .308 rifle causing the death of Roxanne Shipman.
The second count Maricle is charged with is criminal contempt in the second degree, a class A misdemeanor, in violation of section 215.50, subdivision three of the penal law. Maricle stands accused of intentionally violating an order of protection signed by Judge James E. Downey on March 3, 2016 by possessing said .308 rifle.
Maricle is be scheduled to appear in the Chenango County Court at a later date.
When a case gets presented for a grand jury proceeding, the prosecutor will them explain the law to the members of the grand jury, and present the necessary evidence against a particular defendant. The members on the grand jury then decide based on what was presented, whether or not there is reasonable evidence to show that a felony was committed and if there is enough reasonable reasonable cause to believe that the defendant in question committed said felony offense.
Criminal Negligence is described in the NYS Penal Law as when a person “….fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation….”
The first count Maricle faces is of criminally negligent homicide, a class E felony, in violation of section 125.10 of the penal law. According to the indictment, Maricle on or about December 1, 2016, in the City of Norwich did negligently discharge a .308 rifle causing the death of Roxanne Shipman.
The second count Maricle is charged with is criminal contempt in the second degree, a class A misdemeanor, in violation of section 215.50, subdivision three of the penal law. Maricle stands accused of intentionally violating an order of protection signed by Judge James E. Downey on March 3, 2016 by possessing said .308 rifle.
Maricle is be scheduled to appear in the Chenango County Court at a later date.
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