NORWICH – A 14-year-old accused of attempted murder appeared in County Court to waive his right to a grand jury and pleaded not guilty to the charges against him.
“I want to be clear your honor, that this is in no way a consent to continue this in open court and is in no way to be construed as a waiver of our right to eventually request to have this case transferred to family court,” said Public Defender Alan E. Gordon.
Ty A. Tumminia, Norwich, was charged with second-degree attempted murder April 2. Allegedly the teen attacked his mother, 32, with a phone cord, strangling her unconscious because she refused to allow him to visit his girlfriend living in Iowa.
The District Attorney’s Office decided to try Tumminia as an adult, but the defense said it will attempt to move the case back to family court. Judge Howard Sullivan ordered Tumminia undergo a mental evaluation at Erie County Service Youth Detention Facility in Buffalo, where he is being held. The defense also asked for a pre-plea investigation hoping it would help move the case back to family court.