NORWICH – The Chenango County grand jury met last week and handed up a number of criminal indictments. At the proceeding, the Chenango County District Attorney’s Office presents evidence against those they wish to prosecute. It is up to the jury to decide if there is enough reasonable cause to charge a person with a felony offense.
Those indicted by the grand jury are arraigned before the county or Supreme Court judge at a later date.
The grand jury indicted ten individuals:
• Cody J. Humphrey, 26, Homer, was indicted on one count of first degree criminal contempt, a class E felony.
It’s alleged that – on or about Nov. 20, 2012, in the Town of Otselic, and in violation of an order of protection of which the defendant was aware – Humphrey placed another individual (named in the order of protection) in reasonable fear of physical injury. Specifically, at approximately noon of the aforementioned date, Humphrey is accused of violating a temporary order of protection – issued out of Cortland County Court on August 16, 2012 – by posting a Facebook message in which he threatened to physically harm the protected party.
• Kevin M. Fernandez, 23, LaFayette, was indicted on one count of third degree burglary – a class D felony – and one count of petit larceny, a class A misdemeanor.
It’s alleged that – on or about March 2013, in the Town of Pitcher at approximately 11 a.m., and while acting in concert with another individual – Fernandez did knowingly enter and unlawfully remain in a Baumann Road garage with the intention of committing a crime. He allegedly did so by stealing a welder, a set of oxygen and acetylene tanks, and torches.
• Elijah D. Wright, 28, Greene, was indicted on charges of second degree attempted robbery, a class D felony; second degree assault, also a class D felony; and third degree assault, a class A misdemeanor.
The allegations stem from an incident which occurred on or about April 29, 2013, at approximately 4:20 p.m. in the parking lot of the Sidney Federal Credit Union located on Genessee Street in the Village of Greene. It is alleged that “in the course of the commission of the crime or of immediate flight therefrom, he (Wright) caused physical injury to any person who is not a participant in the crime,” and that “with intent to cause serious physical injury to another person, he caused such injury to such person or to a third person.”
Specifically, at the aforementioned location and time, Wright allegedly threw another individual to the ground while trying to obtain his wallet and proceeded to punch and kick him in the face. The alleged assault resulted in the victim receiving numerous facial fractures including a blowout fracture to his left orbital.
• Coy D. Biviano, 25, Norwich, was indicted on five counts of first degree criminal possession of a forged instrument – a class C felony – and one count of petit larceny, a class A misdemeanor.
It is alleged that – on or about March 26, 2013, in the City of Norwich – Biviano did knowingly and with the intent to deceive another possess five counterfeit twenty dollar bills, all marked with the same serial number GK24479234C, which he used to purchase a video game system from another individual.
• David T. Spencer, 46, Afton, was indicted for felony DWI, a class E felony.