Heroin dealer sent to prison, three others plead guilty

NORWICH – A heroin dealer was sentenced to state prison in Chenango County Court on Friday, Jan. 17, referred to as “a poison to the community” by Judge Frank B. Revoir Jr. Three other individuals entered guilty pleas to the charges brought against them.

• Barry L. E. Rattley, 29, Brooklyn, appeared for sentencing after pleading guilty to the class B felony of criminal possession of a controlled substance in the third degree.

Rattley opted to represent himself throughout the majority of his court proceedings, starting back in December of 2012, saying that he thought – based on the workload of the county’s public defender’s office – he could better represent himself. Rattley filed various motions on his own behalf, and spoke for himself during numerous court appearances. Ultimately, Rattley changed his plea to guilty, and was present in court Friday for sentencing with public defender John Cameron present.

Rattley was sentenced to five years in state prison, plus one-and-a-half years post release supervision. Judge Revoir imposed no surcharges or fees.

“I have been in this county for fifteen months ... Fifteen months I sat in that county jail,” said Rattley to the court when given an opportunity to address the judge and those in attendance. “I see the reoccurring process. It seems individuals out here will go commit their crimes, do whatever they want and then they end up getting caught by police, whatever crime that they committed, and then they end up giving up somebody who more often than likely they ended up bringing out here in the first place.”

Rattley went on to explain to the court that while he agrees there is a drug problem in the area, there is not adequate help for those who need programs.

“I don’t know, your Honor, it just doesn’t seem like it’s an accurate system to me, personally. That’s all I have to say,” said Rattley.

Revoir then spoke to Rattley prior to his exit from the courtroom back to the Chenango County Correctional Facility.

Said Revoir, “Well, as you are well aware, this state, as well as this entire country, is facing a drug epidemic. And like any epidemic, there is not one mode or means of attack. Each crime that is committed as a result of that epidemic has to be treated individually. There are people out there every day committing crimes because of their drug addiction. There are also other people like yourself who are out there selling drugs, which in essence is leading to the addiction of lots of other people, which results in those lots of other people committing crimes.”

The judge additionally stated that Rattley – a predicate felon – is a “poison to the community,” and added, “You don’t seem to be getting the message.”

After Revoir offered the definition of the word insanity to Rattley and the court, he said, “What shocks me the most of all is you are one of the smartest persons to appear in front of me.”

Revoir added that Rattley’s line of questioning of witnesses during the proceedings was appropriate and said if he hadn’t known otherwise, it would have seemed obvious Rattley had attended law school.

“Why aren’t you taking that intelligence and doing something different?” Revoir asked Rattley. “Your ability to understand the process leads me to believe you could be leading a law-abiding, productive life.”

Added Revoir with regard to the five year sentence imposed, “At least I know the people of Chenango County will not be getting drugs from you.”

Rattley agreed to the forfeiture of monies and properties seized, and additionally waived his right to appeal.

District Attorney Joe McBride said, “If you come to Chenango County to sell drugs, you’re going to leave going to state prison.”

Revoir wished the man luck and encouraged him to complete his college degree.

• Elijah D. Wright, 28, Afton, pleaded guilty to one count of assault in the second degree, a class D felony.

It was alleged that – on April 29, 2013 – Wright caused injury to another person by throwing the victim to the ground in a parking lot. It is also alleged he repeatedly kicked and punched the victim in the face, which resulted in numerous facial fractures and a blowout to the left orbital.

Per the agreed upon disposition, Wright will be sentenced to a determinate sentence of five years in state prison, as well as an order of protection for the victim.

The terms of restitution were not yet settled, but according to Chenango County District Attorney Joe McBride, he will make contact with the victim with regard to out-of-pocket medical costs and the restitution desired.

Sentencing was adjourned until Jan. 31, 2014, and Wright was remanded back to the CCCF.

• Edward J. Dougher, 50, Binghamton, appeared in court to enter a plea of guilty for the class D felony of attempted criminal possession of a weapon in the second degree.

It was alleged that – on or about May 26, 2013 in Greene – Dougher did attempt to possess a loaded firearm, and did attempt to point said loaded firearm at the victim.

Per the agreed upon disposition, Dougher will serve four months of weekends in the CCCF plus five years of probation. He must also submit his DNA to the databank, and pay fees totaling $375. An order of protection will also be in place for the victim.

“There was a victim here, Judge,” said McBride. “I would ask for sentencing to be adjourned so that the victim can be present if they want to be.”

Dougher will be sentenced Jan. 31 in county court.

• Richard H. Talada, 43, Norwich, changed his plea before the court from not guilty to guilty on Friday to the charge of operating a vehicle with .08 percent or more of alcohol in his blood.

It was alleged that Talada drove a vehicle on South Broad Street with a BAC of .11 as shown by breath analysis.

Sentencing will take place at a later date, but Revoir stated that – per the agreed upon disposition – Talada will be sentenced to a 1 to 3 year indeterminate sentence in state prison. A fine imposed of $1,520 must be paid within one year of his release from incarceration. The judge also imposed a conditional discharge requirement of 24 months of an ignition interlock device to be placed on any motor vehicle Talada may operate, and that he will be responsible for 25 percent of the cost of said device. Revoir explained the court must either impose probation following incarceration – or the conditional discharge with the interlock requirement – and Revoir chose the interlock device.

Concerns were raised by Talada regarding the specifics of the conditional discharge since he does not have a vehicle that he would operate post-release. Revoir provided a brief explanation to the defendant and said there will be a process of forms to complete.

Sentencing was adjourned until March 3, pending the completion of a pre-sentence report.

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