NORWICH – A man accused of assault and kidnapping appeared in Chenango County Court Monday to challenge the evidence against him after a previous decision by Supreme Court Justice Kevin M. Dowd said the charges should be dropped or reduced.

On April 8, a grand jury indicted 31-year-old Andrew Jason Waterman for second degree kidnapping, a B class felony, second degree assault, a class D felony, and endangering the welfare of a child, a misdemeanor.

In September, Waterman’s Defense Attorney Paul Tompkins asked Judge Dowd to review the transcripts of the grand jury’s indictment because he believed the accounts contained insufficient evidence to merit the severity of the charges.

In a decision issued Oct. 1, Dowd said the grand jury information technically allowed the charges of assault and kidnapping, but he also said the charges should be dropped or reduced, citing other case law.

Dowd cited the “Merger Doctrine,” which forbids defendants from being charged with kidnapping when it’s clear they intend another crime and keeps prosecutors from exposing defendants to heavier penalties for the sake of securing a conviction.

“When viewed in light of the long standing merger doctrine, it is difficult to see how the first and second counts could withstand a motion to dismiss at the end of the people’s case, should the matter go to trial,” Dowd stated in the decision.

Waterman is accused of attacking a 21-year-old woman in a parking lot, pinning her to the ground, and soliciting an 11-year-old girl with drugs – two separate incidents that allegedly took place in the City of Norwich.

Norwich Officer Ross Tumminia told the court that Waterman attacked a woman in the parking lot behind the VFW near East Main and Silver Street in the City of Norwich at around 9 p.m. on March 27.

He said that during the alleged attack, Waterman pinned the woman to the ground and told her he would kill her unless she cooperated.

The victim allegedly fought with Waterman, knocking his glasses off his face, and fled to a nearby residence to call police.

Tumminia said police later discovered the glasses at the scene and took them into evidence. Later, Tumminia testified he asked Waterman if the glasses were his and that he responded by saying, “Yeah, they could be an old pair of mine.”

The office said police had dealt with Waterman in another issue Feb. 2. In that case, the department investigated an alleged incident between the defendant and an 11-year-old girl in the City of Norwich.