NORWICH – A judge refused to accept a prearranged plea deal Thursday in a case involving an 85-year-old man charged with resisting arrest.
Public Defender Kayphet Mavady appeared in city court without his client and told Judge James Downey it was because he had fallen “seriously ill, I think mostly due to his age” and was unable to attend.
John Currie, 85, of Bainbridge, was arrested by the Norwich City Police Department at 11:47 p.m. Feb. 2, along Fair Street. Police said Currie refused to cooperate with a patrol attempting to pull him over for failing to keep right.
First Assistant District Attorney Stephen Dunshee said prosecutors were willing to accept an Alford Plea to disorderly conduct, a violation.
An Alford Plea is a guilty plea in New York State in which a defendant pleads guilty to a crime without actually admitting they committed it, in effect saying they don’t believe they can prove their innocence with the evidence against them, but deny any actual wrongdoing.
Downey said he thought the agreement was a favorable one to the defendant and asked why the prosecution was offering it. Dunshee said due to Currie’s age, active employment and service as a combat veteran in the Korean War, the DA’s office decided to offer the deal.
“I’m not going to get in the business of people saying I’ll plead guilty, but I’m not really guilty,” Downey told the attorneys. “If Mr. Currie thinks he’s innocent of the charges, we should sit it down before a jury.”
On the night in question, police said Currie got out of his vehicle against orders after pulling into a driveway and proceeded to approach the sole officer involved in the traffic stop.
Downey read a brief description of the charges in court, saying police claimed Currie ignored commands and engaged the officer in a heated oral dispute, refusing to return to his vehicle. Downey said the incident became physical when the officer placed his hand on Currie’s chest as he walked toward him, despite repeated orders to stop.