Gang assault, robbery defendant makes deal, gives up friends
NORWICH – Indicted with several violent felonies, including two counts of robbery, a gang assault and an assault, Landon T. Cummings pleaded guilty Friday to a single count misdemeanor assault, claiming his friends, not him, had lured the victim into a violent ambush, stealing the victim’s valuables and leaving him semi-unconscious beneath a car with a fractured eye socket and a number of his teeth knocked out.
He agreed to testify against his friends and received a plea agreement that will allow him to plead to misdemeanor assault, serving only sixty days in jail, three years probation and 16 hours community service. He will have to pay restitution for medical expenses and other losses.
In an earlier proceeding District Attorney Michael Ferrarese said the case was a robbery that involve a drug deal gone wrong. The DA also said Cummings was the last of the co-defendants to get involved with the crime on the night it took place.
“I – my friends had the idea to go there and get the pot from [the victim] and I was dumb enough to go along,” said Cummings in court.
The co-defendant Cummings claimed planned the attack, Jade T. Orlando, will be in court Monday to decide if she will accept a similar plea deal offered by the district attorney's office in exchange for her cooperation.
Cumming, 21, told the court he was just hanging out at the location of the attack, 110 Royal Ave in Norwich, and wearing camouflage and concealed near a porch with two other co-defendants at around 11:30 p.m. on Oct. 2, 2018.
Jade T. Orlando, 19, of Norwich, planned the attack with two other friends said Cummings. Orlando contacted the victim, and lured him to visit the residence, he said. He claimed the victim had been tricked by Orlando into bringing marijuana and that his friends planned to steal it.
“I was just hanging out there,” Cummings told the court.
He also said Orlando was inside the home when the victim pulled up, got out of his car and approached the door.
And although he, along with his two other friends, were outside the residence and just out of sight, it was Hunter J. Speenburgh, 19, and Brenden C. Gager, 18, who launched the attack, not him, he claimed. Cummings did join in though, admitting he punched the victim “three or four times.” Gager punched and kicked the victim, he said, and he even confirmed Gager kicked the victim in the head.
Cummings did not recall how the victim’s teeth were knocked out, but did imply they continued to beat the victim, even after he fell to the ground, moaning. He said no one stole anything, but Gager did take the pot. Asked how they left the victim Cummings responded, “Laying there,” making sounds.
The indictment also noted the victim suffered an orbital eye fracture. Signs of the injuries were still visible on his face as he sat in the courtroom listening to Cummings' plea.
However, during his guilty plea Cummings told the court he only did these things because he was afraid of the victim, claiming he had brought a gun.
DA Ferrarese confirmed there was no gun. “No,” he said, shaking his head back and forth, when asked following the proceeding.
When asked about the marijuana allegations, the DA said, “according to the defendants, the victim was there to sell them marijuana,” but he also confirmed none had been recovered by police.
“I guess not.”
“He pulled up and appeared to have a gun,” and was “aggressively banging on the door,” explained Cummings to Chenango County Court Judge Frank B. Revoir Jr.. “He was tackled by another,” he said.
“I only acted the way I did because I was scared for my life,” he said.
“You were scared?” asked Revoir, interrupting Cummings’ guilty plea comments and beginning a stern line of questioning. “When you tell me you were scared, you are not suggesting self-defense are you?”
The judge asked, “You were standing on the side, out of sight?”
Cummings said he was.
“You are suggesting you were in harm’s way,” said Revoir.
The DA then reminded the court that Cummings was also wearing camouflage.
Revoir said the defendant’s statements were insufficient for the proposed plea. The judge said he would reject the plea deal altogether and would schedule Cummings’ case for trial with a self-defense claim instead, facing all four felonies and more than a decade in prison.
After a moment of hushed of advice from his counsel, Public Defender John Cameron, the judge asked a question.
“The plan was you were going to rob him. You went there with that understanding?”
Cummings said it was.
The judge added, “there is no self-defense is there?”
“I guess not, sir,” Cummings replied.
“You were hiding. You got involved. You were with them. You joined in,” said Ferrarese.
“Yes sir,” Cummings replied.
Victim’s family makes outcry for justice
Cummings was sentenced to interim probation, pending a deal would allow him to plead to a misdemeanor, serve sixty days in jail and three years probation, if he cooperates. He will also have to serve 16 hours of community service and had an order of protection issued against him.
His codefendants, Speenburgh, Gager and Orlando are facing charges of first degree gang assault, a B Class felony, two counts of second degree robbery, a Class C felony, and one count second degree assault, a Class D felony.
“They left my son for dead underneath a car and they’re getting away with it,” said the victim’s mother, June Pollock, who attended the proceeding with a several other relatives.
“Total lies, total lies,” said the father Michael Pollock of the gun accusations and Cummings denials. “Pleading guilty while pretending he didn’t do anything wrong. Lies. They gave him a deal because he’s willing to testify against the other defendants,” said Michael.
The victim, David Pollock spoke openly after the proceeding. “I woke up underneath a car, bleeding everywhere. I had no cellphone, no wallet, they took it all,” he said.
David said he did not have a pistol or a pistol permit.
The family complained about how the some of defendants been out on bail and seemed skeptical they would receive any real punishment.
Family members claimed the freed defendants had been continuing to socialize openly and attended parties since their arrest. “They’re out here partying around town acting like nothing has happened,” said Michael.
He accused the defendants of being violent, out of control drug users that were not being reformed by the justice system.
“Next time it’ll be someone else’s kid,” he said.
They family also wanted the case to receive more attention and for the public to know more about what really happened. They said it would help them get justice.
“He just got away with it, we will see about the rest, won’t we,” said the father.
“I can’t believe this happens here,” said the mother.
Pictured: Hunter J. Speenburgh, Jade T. Orlando, Brenden C. Gager, and Landon T. Cummings have all been charged with second-degree robbery, a class C felony and everyone but Orlando was charged with third-degree assault, a class A misdemeanor. (Submitted Photo)
He agreed to testify against his friends and received a plea agreement that will allow him to plead to misdemeanor assault, serving only sixty days in jail, three years probation and 16 hours community service. He will have to pay restitution for medical expenses and other losses.
In an earlier proceeding District Attorney Michael Ferrarese said the case was a robbery that involve a drug deal gone wrong. The DA also said Cummings was the last of the co-defendants to get involved with the crime on the night it took place.
“I – my friends had the idea to go there and get the pot from [the victim] and I was dumb enough to go along,” said Cummings in court.
The co-defendant Cummings claimed planned the attack, Jade T. Orlando, will be in court Monday to decide if she will accept a similar plea deal offered by the district attorney's office in exchange for her cooperation.
Cumming, 21, told the court he was just hanging out at the location of the attack, 110 Royal Ave in Norwich, and wearing camouflage and concealed near a porch with two other co-defendants at around 11:30 p.m. on Oct. 2, 2018.
Jade T. Orlando, 19, of Norwich, planned the attack with two other friends said Cummings. Orlando contacted the victim, and lured him to visit the residence, he said. He claimed the victim had been tricked by Orlando into bringing marijuana and that his friends planned to steal it.
“I was just hanging out there,” Cummings told the court.
He also said Orlando was inside the home when the victim pulled up, got out of his car and approached the door.
And although he, along with his two other friends, were outside the residence and just out of sight, it was Hunter J. Speenburgh, 19, and Brenden C. Gager, 18, who launched the attack, not him, he claimed. Cummings did join in though, admitting he punched the victim “three or four times.” Gager punched and kicked the victim, he said, and he even confirmed Gager kicked the victim in the head.
Cummings did not recall how the victim’s teeth were knocked out, but did imply they continued to beat the victim, even after he fell to the ground, moaning. He said no one stole anything, but Gager did take the pot. Asked how they left the victim Cummings responded, “Laying there,” making sounds.
The indictment also noted the victim suffered an orbital eye fracture. Signs of the injuries were still visible on his face as he sat in the courtroom listening to Cummings' plea.
However, during his guilty plea Cummings told the court he only did these things because he was afraid of the victim, claiming he had brought a gun.
DA Ferrarese confirmed there was no gun. “No,” he said, shaking his head back and forth, when asked following the proceeding.
When asked about the marijuana allegations, the DA said, “according to the defendants, the victim was there to sell them marijuana,” but he also confirmed none had been recovered by police.
“I guess not.”
“He pulled up and appeared to have a gun,” and was “aggressively banging on the door,” explained Cummings to Chenango County Court Judge Frank B. Revoir Jr.. “He was tackled by another,” he said.
“I only acted the way I did because I was scared for my life,” he said.
“You were scared?” asked Revoir, interrupting Cummings’ guilty plea comments and beginning a stern line of questioning. “When you tell me you were scared, you are not suggesting self-defense are you?”
The judge asked, “You were standing on the side, out of sight?”
Cummings said he was.
“You are suggesting you were in harm’s way,” said Revoir.
The DA then reminded the court that Cummings was also wearing camouflage.
Revoir said the defendant’s statements were insufficient for the proposed plea. The judge said he would reject the plea deal altogether and would schedule Cummings’ case for trial with a self-defense claim instead, facing all four felonies and more than a decade in prison.
After a moment of hushed of advice from his counsel, Public Defender John Cameron, the judge asked a question.
“The plan was you were going to rob him. You went there with that understanding?”
Cummings said it was.
The judge added, “there is no self-defense is there?”
“I guess not, sir,” Cummings replied.
“You were hiding. You got involved. You were with them. You joined in,” said Ferrarese.
“Yes sir,” Cummings replied.
Victim’s family makes outcry for justice
Cummings was sentenced to interim probation, pending a deal would allow him to plead to a misdemeanor, serve sixty days in jail and three years probation, if he cooperates. He will also have to serve 16 hours of community service and had an order of protection issued against him.
His codefendants, Speenburgh, Gager and Orlando are facing charges of first degree gang assault, a B Class felony, two counts of second degree robbery, a Class C felony, and one count second degree assault, a Class D felony.
“They left my son for dead underneath a car and they’re getting away with it,” said the victim’s mother, June Pollock, who attended the proceeding with a several other relatives.
“Total lies, total lies,” said the father Michael Pollock of the gun accusations and Cummings denials. “Pleading guilty while pretending he didn’t do anything wrong. Lies. They gave him a deal because he’s willing to testify against the other defendants,” said Michael.
The victim, David Pollock spoke openly after the proceeding. “I woke up underneath a car, bleeding everywhere. I had no cellphone, no wallet, they took it all,” he said.
David said he did not have a pistol or a pistol permit.
The family complained about how the some of defendants been out on bail and seemed skeptical they would receive any real punishment.
Family members claimed the freed defendants had been continuing to socialize openly and attended parties since their arrest. “They’re out here partying around town acting like nothing has happened,” said Michael.
He accused the defendants of being violent, out of control drug users that were not being reformed by the justice system.
“Next time it’ll be someone else’s kid,” he said.
They family also wanted the case to receive more attention and for the public to know more about what really happened. They said it would help them get justice.
“He just got away with it, we will see about the rest, won’t we,” said the father.
“I can’t believe this happens here,” said the mother.
Pictured: Hunter J. Speenburgh, Jade T. Orlando, Brenden C. Gager, and Landon T. Cummings have all been charged with second-degree robbery, a class C felony and everyone but Orlando was charged with third-degree assault, a class A misdemeanor. (Submitted Photo)
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