NORWICH – The Town of New Berlin Police Chief accused of assaulting a 42-year-old man had his case rescheduled to later in December and the special prosecutor in the case says felony charges are still a possibility.
Assigned Special Prosecutor Paul Tomkins of Binghamton said he had not yet reviewed the recently-completed medical report involving the victim and that its findings would influence his decision to file felony charges.
Chenango County Sheriff’s deputies arrested Richard P. Kellar, 43, Norwich, around 1:30 a.m. Oct. 30 in the hamlet of South New Berlin. Kellar was charged with third degree assault, a class A misdemeanor, after he allegedly caused physical injury to another person.
“We’ll have to wait on the medical records to determine where things stand,” said Tomkins Monday morning. He explained that the extent of the victim’s injuries and how they were inflicted impacted the degree of the assault charges Kellar faces.
“While third degree assault is a misdemeanor, a bump to the second degree charge would be a felony,” said Tomkins.
Tomkins also said that the December delay in the case was due to a busy court schedule, the Thanksgiving Day holiday and Kellar seeking to retain private counsel in lieu of a public defender.
New Berlin Town Supervisor Ross Iannello said the town had placed Kellar on paid administrative leave pending the outcome of the police investigation...