Man accused of causing baby's death appears in court
NORWICH – A Norwich man charged with manslaughter appeared in court on Friday, and was held on $50,000 cash bail, after telling officials he had no place to live.
Devan Ellsworth, 28, of Norwich is charged with second-degree manslaughter, a class C felony, and criminally negligent homicide, a class E felony, after allegedly striking his daughter, Delaney Ellsworth, on or about the face, causing a head injury that officials said lead to a subdural hematoma.
On August 26, Delaney was transported Chenango Memorial Hospital and then moved to Upstate University Hospital in Syracuse. The Norwich Police Department reported she died while receiving care at the facility the next day, Aug. 27.
In Chenango County Court on Friday, Ellsworth entered a not guilty plea on his two charges, and his attorney argued for reasonable and appropriate bail.
According to Chenango County Assistant District Attorney Michael Ferrarese, Ellsworth has multiple felony and misdemeanor convictions. Ferrarese said because of his criminal history, Ellsworth has every reason to flee the jurisdiction.
"The defendant is a 28-year-old man with several prior misdemeanor and felony convictions," said Ferrarese. "He poses a significant flight risk, and the people would request that bail be set to ensure his appearances at future court dates."
Ellsworth's attorney, Chenango County Public Defender John Cameron told the court, "If bail is going to be set in this matter we would ask that it be set appropriately."
Chenango County Judge Frank Revoir Jr., then asked Ellsworth where he would live if he were released on bail.
Ellsworth responded, "We no longer have the apartment we were living in, I'm homeless."
Revoir set bail at $50,000 cash or $100,000 bond, and Ellsworth is scheduled to appear back in court at a later date.
Court records state Ellsworth has a criminal history leading back to when he was 18 years old.
His most recent conviction was in February 10, 2017 after he pleaded guilty to unlawfully manufacturing methamphetamine in the City of Norwich. He was sentenced to two years in state prison, but was released early on parole.
Ellsworth has several other convictions on his record, including convictions in 2014, 2009, and 2008.
On January 30, 2014, Ellsworth pleaded guilty to another felony, third-degree burglary after stealing from a home in the Town of Norwich. He was sentenced to prison for two-and-a-half to five years in that case.
In another case in May 2009, he pleaded guilty to third degree burglary in county court and was sentenced to six months in local jail and ordered to pay $1,632.56 in restitution.
In October of 2008, Ellsworth was also the oldest of three teenagers convicted of desecrating St. Joseph’s Cemetery. He and others pushed over dozens of gravestones and attempted to dig up a burial with a shovel, and afterwards broke into the Oxford library.
During his sentencing for the crimes in 2008, former Supreme Court Justice Kevin M. Dowd warned, “He hasn’t learned anything at all up to this point; this is a terrible juvenile record. It’s an absolute no-brainer where he’ll end up at this rate.”
Devan Ellsworth, 28, of Norwich is charged with second-degree manslaughter, a class C felony, and criminally negligent homicide, a class E felony, after allegedly striking his daughter, Delaney Ellsworth, on or about the face, causing a head injury that officials said lead to a subdural hematoma.
On August 26, Delaney was transported Chenango Memorial Hospital and then moved to Upstate University Hospital in Syracuse. The Norwich Police Department reported she died while receiving care at the facility the next day, Aug. 27.
In Chenango County Court on Friday, Ellsworth entered a not guilty plea on his two charges, and his attorney argued for reasonable and appropriate bail.
According to Chenango County Assistant District Attorney Michael Ferrarese, Ellsworth has multiple felony and misdemeanor convictions. Ferrarese said because of his criminal history, Ellsworth has every reason to flee the jurisdiction.
"The defendant is a 28-year-old man with several prior misdemeanor and felony convictions," said Ferrarese. "He poses a significant flight risk, and the people would request that bail be set to ensure his appearances at future court dates."
Ellsworth's attorney, Chenango County Public Defender John Cameron told the court, "If bail is going to be set in this matter we would ask that it be set appropriately."
Chenango County Judge Frank Revoir Jr., then asked Ellsworth where he would live if he were released on bail.
Ellsworth responded, "We no longer have the apartment we were living in, I'm homeless."
Revoir set bail at $50,000 cash or $100,000 bond, and Ellsworth is scheduled to appear back in court at a later date.
Court records state Ellsworth has a criminal history leading back to when he was 18 years old.
His most recent conviction was in February 10, 2017 after he pleaded guilty to unlawfully manufacturing methamphetamine in the City of Norwich. He was sentenced to two years in state prison, but was released early on parole.
Ellsworth has several other convictions on his record, including convictions in 2014, 2009, and 2008.
On January 30, 2014, Ellsworth pleaded guilty to another felony, third-degree burglary after stealing from a home in the Town of Norwich. He was sentenced to prison for two-and-a-half to five years in that case.
In another case in May 2009, he pleaded guilty to third degree burglary in county court and was sentenced to six months in local jail and ordered to pay $1,632.56 in restitution.
In October of 2008, Ellsworth was also the oldest of three teenagers convicted of desecrating St. Joseph’s Cemetery. He and others pushed over dozens of gravestones and attempted to dig up a burial with a shovel, and afterwards broke into the Oxford library.
During his sentencing for the crimes in 2008, former Supreme Court Justice Kevin M. Dowd warned, “He hasn’t learned anything at all up to this point; this is a terrible juvenile record. It’s an absolute no-brainer where he’ll end up at this rate.”
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