NORWICH – Two felony cases were heard Monday afternoon, Dec. 14, in Chenango County Court.
Chenango County Court Judge Frank B. Revoir Jr. presided over each case, while Assistant District Attorney Laura Parker was present on behalf of the people.
Public Defender John Cameron represented both defendants in their cases.
• Kenneth P. Ellsworth, 25, of the Town of Colonie was present in court for a possible outline of his plea and sentencing, to determine if he would accept the plea offer made by the District Attorney's Office.
Ellsworth was previously arrested following a traffic stop for traffic violations while on Rexford Street in Norwich. Members of the Norwich Police Department along with the NPD's K9 Nitro made the arrest on March 8, 2015.
Throughout the traffic stop and the ensuing investigation, police said officers recovered more than one and a half pounds of “high grade marijuana” and several thousand dollars in cash.
Ellsworth, the passenger of the vehicle, was charged with criminal possession of marijuana in the second degree, a class D felony; and obstruction of governmental administration in the second degree, a class A misdemeanor.
Another individual was present in the vehicle as the driver, Devan M. Cooke, 20, of Ft. Covington.
Cooke was charged with criminal possession of marijuana in the second degree, a class D felony; obstruction of governmental administration in the second degree, a class A misdemeanor; criminal impersonation in the second degree, a class A misdemeanor; aggravated unlicensed operation in the second degree; and unlawful possession of marijuana, a violation.
It is alleged that both Cooke and Ellsworth knowingly and unlawfully possessed marijuana with an aggregate weight of more than 16 ounces. The charges of obstruction of governmental administration allege they both intentionally prevented and obstructed the officers from performing their official duties.
Further, it is alleged by the NPD that the men both rolled up the windows of the vehicle and locked the doors.
Both Ellsworth and Cooke were arraigned in Norwich City Court following their arrest, and were remanded to the Chenango County Correctional Facility in lieu of $20,000 bail.
Revoir began court by stating, “we are here to see if Mr. Ellsworth accepts or rejects the plea offer.”
Revoir continued by explaining the classification of the felony letter grades, and that if convicted of the top charge, Ellsworth would be subject to a number of different sentencing options, including a determinate sentence of up to two and a half years in state prison followed by a post release sentence.
The District Attorney's Office had previously made a plea bargain offer which would sentence Ellsworth to 60 days incarceration in the CCCF. Following the completion of the incarceration the matter would then be transferred to Ellsworth's home county of Albany County, where he would serve five year probationary sentence. All money and drugs seized would be forfeited pending Ellsworth's guilty plea.
“If you plea guilty to the top charge and as long as you behaved in jail, you would only be required to served two thirds of the incarceration,” said Revoir.