Elwood found guilty of burglary, but not rape

NORWICH – A jury has found a pink machine-gun burglar guilty of attacking and threatening a 58-year-old woman in her home but decided he was not criminally responsible for her sexual assault at the hands of his partner in crime.

After two and a half days of trial, it took a jury an hour and a half of deliberations before returning with a verdict late Wednesday evening.

At approximately 6:08 p.m., the jury reported that they had found Jonathan “Joe” Elwood, 30, of Ashcraft Road, Norwich, guilty of five of the eight counts against him.

Elwood was found guilty of three counts of first degree burglary, one for injuring the woman during the break-in, one for using a deadly instrument (weapon) and another for using a loaded firearm. He was also found guilty of first degree criminal use of a firearm and a misdemeanor, petit larceny, for stealing up to $50 and a telephone.

Of the top charge against him, predatory sexual assault, the jury found Elwood not guilty. The jury also vacated Elwood for his involvement in the sexual attack upon the victim perpetrated by his partner, Stephen R. Ohl, 24, Lawrence Road, Sherburne. They found Elwood not guilty of first degree rape and not guilty of first degree criminal sexual act – in essence all the sex crimes levied against him.

“We’re very happy with the verdict, but we are disappointed the jury didn’t conceive the acting in concert concept, which can be a difficult one to grasp. A man with a gun who is standing a few feet away from his co-defendant while he was raping this poor woman is acting in concert. The jury did their work and now we’ve got to roll forward with it. Mr. Elwood will now be removed from our community for up to 25 years,” said District Attorney Joseph McBride.

Elwood took the stand yesterday and was the only witness called by the defense. He denied any involvement in the crime, saying he was misled by his life-long friend, Ohl, whom he referred to as his “little brother.” He said the two men were smoking pot and drinking Jack Daniels through the day of the December 2006 crime while they were trying to sell a fully automatic AK-47 with a 30-round magazine.

The gun was later recovered by police and had been altered by the man who purchased it from Ohl after the crime took place. He testified in court that at the time he bought the weapon, it had fully automatic capability and was painted pink. “When you held the trigger down it discharged rounds until the magazine was empty,” said Matthew M. Willis on the stand.

Elwood said it was getting late and he wanted to go home to see his girlfriend and 6-year-old daughter. According to Elwood, Ohl said he had one last place to attempt to sell the weapon, to an elderly woman his girlfriend’s father worked for. So at 11:30 p.m. the two men drove to the residence at State Hwy. 12B in the Town of Sherburne. Ohl then left the car, went up the house and broke in, leaving the gun in the car with Elwood.