NORWICH – Monday, in Chenango County Court, several individuals appeared in front of Chenango County Court Judge Frank B. Revoir Jr., on matters of agreed upon dispositions and sentencing. During both cases heard in County Court, Assistant District Attorney Laura R. Parker represented the people.
• Darren R. Allen of Earlville previously entered a plea of guilty to the crime of assault in the second degree, a class D felony following an incident that was said to have occurred in late December. At the time of sentencing David E. Sonn represented Mr. Allen. With an agreed upon disposition from both parties, Allen would be sentenced to one year at the Chenango County Correctional Facility and is expected to pay restitution for the victims.
Once Allen was placed under oath, the Judge asked if the people wish to be hear on this matter. “Yes, your Honor, the defendant here today along with his brother, has plead guilty and now stands convicted for beating up a man within inches of his life. This act was a violent targeted crime that resulted in the victim receiving a fracture to both eye orbits, a collapsed left lung, multiple rib fractures on his left side, a split lip which required stitches and facial bruises. These injuries caused the victim severe pain and required him to undergo surgery. In addition to surgery the victim is now taking therapy for the emotion damage the defendant has caused him. This defendant must be punished and one year in county is a fit sentence, your Honor,” said Parker.
Sonn replied, “In this case there is only one defendant and that his my client. While my client was involved in a situation, has plead, but not to the exaggerated and graphic picture that the ADA has painted. My client and I feel that the amount of restitution the people are asking for is overreaching and we feel that a rescheduled hearing to determine the exact dollar amount that is fair to both parties.”
In closing, Revoir advised the defendant that while a restitution hearing will be scheduled for a later date, sentencing will begin today. “Sir consider yourself lucky that this deal has been presented to you. With no previous criminal record I find that a year is appropriate. Good luck, sir”
• James F. Smith previously pleaded guilty to the crimes of criminal sexual act in the first degree, a class B felony and criminal sexual act in the second degree, a class D felony. While Smith and Public Defender John C. Cameron appeared for sentencing, the victims chose to speak during this proceedings. Smith faces 10 years of incarceration with 10 years post-release supervision for the class B felony and also faces 7 years of state incarceration with 7 years post release. Both sentences will concurrently.
In addition to his sentence, Smith will have to re-register as a new level sex offender and will have full stay-away orders of protection from the victim. While the victim was too shy to speak directly to Judge Revoir and the defendant, Parker spoke on her behalf with a typed letter to the court. “I’ve waited for this day to come for a long time. I can’t wait to get this part of my life over with. I am afraid to go to the grocery store or to even look out my window because I fear that you will be there. I am afraid to go to sleep because of the nightmares I have of you. Imagine living your whole life in a state of fear.”
A parent of the victims also addressed the court, “You wrecked my my world. For years you sat there and swear you would never do it again. I hope you sit there for 10 years and consider the damage you have caused. Their whole lives have forever changed because of this but I try to my hardest to be a positive example and role model for the children. I hope that you get some serious help.”
Revoir then asked if defense counsel has anything to add. ”Your Honor, this is an agreed upon disposition and I have nothing further,” said Cameron.
“The law gives you the right to say anything Mr. Smith,” said Revoir.
Defendant responded “No” with regard to addressing the court.
“Alright sir, that’s your choice but I must say I am disappointed you have nothing to say. The 10 year sentence and 10 year post release is significant to this heinous crime you have committed. With your previous conviction in 2003 of rape, you are already a level two sex offender. And I am having little to no remorse for the crimes you have committed that I find disgusting.” “Since I took the bench five years ago, this has to be one of the worst sex crime cases I have ever seen. I would just like to thank [the victims and victim’s family] for being here today and speaking,” said Revoir.