NORWICH – A judge has ruled that a man accused of stalking an 11 year-old girl on the street and attacking a 21-year-old woman in an empty parking lot, in two separate incidents, should be tried for both crimes before a single jury.
The defense sought to have the charges presented separately and asked the court to throw them out altogether, citing a lack of evidence and improper police procedure.
Chenango County Court Judge W. Howard Sullivan ruled the charges against 31-year-old Andrew Jason Waterman should be decided by a jury, stating the Norwich City Police did have just cause and performed an unbiased line up. He also ruled the two separate crimes should be tried together, saying they “shared a common scheme” and “intent.”
Waterman is accused of soliciting an 11-year-old girl with drugs Feb. 2, 2009 and attacking a 21-year-old woman in a parking lot, pinning her to the ground, on March 27, 2009, both in the City of Norwich.
Waterman is charged with second degree kidnapping, a B class felony, second degree assault, a class D felony, and endangering the welfare of a child, a misdemeanor.
A month ago, Norwich Officer Ross Tumminia testified before Sullivan in an evidence hearing 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. last March.
Tumminia 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, the officer testified.
Tumminia said police had also dealt with Waterman in another issue a month before. In that case, the department investigated an alleged incident between the defendant and an 11-year-old girl in the City of Norwich.
According the to complaint made by the parents, Waterman allegedly approached the youth in his vehicle.
“She was stopped by this male and he said ‘You’re sexy, are you single? Do you smoke weed?’” testified another Norwich Police Officer, Loriann Maerz, at the hearing.
Tumminia said the girl eventually ran home after the man exited his vehicle to engage her on foot and that the following day, she recognized his car while traveling with her mother. He testified the girl’s mother then wrote the license plate number down and gave it to police.