When We All See Justice, Then We’ll All See Peace
Published: September 12th, 2016
By: Ashley Babbitt

When we all see justice, then we’ll all see peace

When we all see justice, then we’ll all see peace.

I went on a ride along with an officer with the Norwich Police Department on Nov. 27, 2015. What was thought to be just a common trespass call turned into a drug bust, and my first experience seeing what’s known as a ‘shooting gallery,’ a space enclosed by a sheet for the purpose of injecting drugs. Nearby was a bed. I witnessed a firearm on the bed.

Upon entering the garage, I witnessed six people. In the dark corner there was a seventh individual. That person threw what turned out to be baggies of narcotics, ran, knocked me over into a table, cutting my leg and knocking off my glasses. I grabbed my glasses, put them back on, and remained on the ground.

I did not get a look at the individual who knocked me down and evaded capture.

I did get a look at the others. One man was standing and asked to sit, he sat in a chair.

The others were sitting on a couch.

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One of the individuals on the couch was Norwich High School grad Nathaniel Jenkins.

I opted to visit Mr. Jenkins at the Chenango County Correctional Facility on Sunday for a plethora of reasons.

Six were arrested that night. All were charged with two counts of criminal possession of a controlled substance in the third degree, a class B felony; criminally using drug paraphernalia in the second degree, a class A misdemeanor; criminal possession of marijuana in the fifth degree, a class B misdemeanor; and loitering in the first degree, a class B misdemeanor.

One was facing the additional felony charge of criminal nuisance in the first degree.

In December 2015, all appeared in Norwich City Court for arraignments.

A previous article published in The Evening Sun stated, “Jenkins was brought before the court with his attorney Jamie VanDenburgh. County Judge James E. Downey presided over each case in City Court while the District Attorney Joseph A. McBride was present on behalf of the people, along with assistant District Attorney Laura Parker. VanDenburgh did request the matter be adjourned while he waive his felony hearing before McBride added, “At this time, we are not seeking a persistent felony status on this matter.” The matter was then transferred to Chenango County Court.”

Continued from the December story: “[The females were then brought in before court with their attorneys.] “My request is they all be put on probation for one year,” said McBride.

“You are not going with the felonies, and misdemeanors here in City Court?” asked Downey.

McBride said that they would be dropped in return for each defendant entering a plea of guilty to a loitering charge.

Loitering charges allege that the individuals remained in a place with one or more persons for the purpose of unlawfully using or possessing controlled substances.

Downey then asked if the charges were being reduced from a third degree to a seventh degree crime.

“No, they will plea to loitering,” said McBride.

“So you are dismissing the two felony counts completely?” said Downey.

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McBride answered in the affirmative before saying, “The police allege these four people found are drug users.”

“They were all originally charged with the crimes due to the drugs being found in the area around all of them,” said Narcotics Detective Michael Purdy. “They were allowed to plea to the loitering charge today because they admitted to being their at the residence with intent to use the narcotics. We couldn’t prove who brought what or whose stuff was whose.””

… Well, if it cannot be proven who brought what or whose ‘stuff’ was whose, why is Mr. Jenkins being sent to State Prison?

My conversation with Mr. Jenkins went extremely well. He admitted to having been a drug user. He said his drug of choice was not ‘dope.’ He said he did not bring drugs to the location to sell them.

I can confirm, as I was a witness to the entire thing, that Mr. Nathaniel Jenkins was not the man who threw the baggies of narcotics. It was not him. I can guarantee that.

So this raises the question … Why is he the only of the six going to state prison? He is not the only one with prior charges.

One of the remaining five has been arrested more than four times since being offered the plea deal in December.

Another has been arrested twice.

Mr. Nathaniel Jenkins told me he has made mistakes in the past, he served his time. None of the charges on his record are for selling narcotics. His two prior charges were criminal possession of a controlled substance in the fourth degree, and attempted criminal possession of a controlled substance in the third degree. For the latter charge, he received a one year sentence. For the former, he received a year and a half sentence. Neither of these charges allege that he sold narcotics.

Jenkins intended to take this most recent case to trial. He told me that his lawyer said he was facing twelve years in prison.

Here’s where I’ll go back to my first sentence… when we all see justice, then we’ll all see peace.

I was there. At the location. In the garage. On the ground. I remember when Jenkins respectfully corrected an officer regarding the address of the residence. He called the officer ‘Sir,’ and and said, ‘Excuse me, but the correct address is …”

Jenkins was released from the Chenango County Correctional Facility in January 2016 per law, as he was not indicted within 45 days. He was indicted two days later.

What I find interesting, is that in Jenkins’ case, he was not indicted on the loitering charge for which many of the others were offered a deal. He was not indicted on the marijuana charge. Rather, he was indicted on two counts of criminal possession of a controlled substance in the third degree, a class B felony; criminally using drug paraphernalia in the second degree, a class A misdemeanor, and two counts of criminal possession of a controlled substance in the seventh degree, class A misdemeanors, were tacked on, due to Jenkins allegedly being in possession of cocaine and heroin.

The DA's Office offered that if Jenkins agreed to enter a plea of guilty to one count of criminal possession of a controlled substance in the third degree, a class B felony, he would be sentenced to a determinate sentence of two years incarceration at the New York State Department of Corrections, with one and a half years of post-release supervision.

Again, I was there. Let’s take a look at the statute for criminal possession of a controlled substance in the third degree, shall we. I’ll include various subsections for the sake of covering bases.

Per the New York State Penal Law, a person is guilty of criminal possession of a controlled substance in the third degree when he knowingly and unlawfully possesses: a narcotic drug with intent to sell it; or a stimulant with intent to sell it and said stimulant weighs one gram or more; or one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more. There are other subsections, but they relate to hallucinogens or methamphetamine.

I can tell you all with complete and utter honesty and integrity that Mr. Nathaniel Jenkins was sitting on the couch the entire time. He did not throw the bags of narcotics. He is not guilty of criminal possession of a controlled substance in the third degree.

He entered a plea of guilty to the charge in August of this year.

Here’s where it gets a little more interesting. I wrote to Mr. Nathaniel Jenkins after he sent a letter to my office following his arrest.

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In his letter, he asked me to think as to why he was the only one of the defendants that was in jail. I knew why. Before he even wrote to me I knew why, and I felt it was wrong.

In my response letter, I wrote that I knew he was not the man with the drugs. I told him that I knew why he was the one of six that was going to “take the fall” for what happened. [If you’re still not following me, check out mainstream media on just about any day of the week.] I wrote that since I was there, I would be willing to be a witness if he was going to take his case to trial.

I learned Sunday, Mr. Nathaniel Jenkins did not receive my letter. Curious.

Perhaps a month ago, I submitted a formal request to the CCSO for a media interview with Mr. Nathaniel Jenkins. I received a call a few days later and was told that my request was denied, as Jenkins’ defense attorney (Christopher Grace), denied my request.

As I’m not one to give up or give in, I contacted the defense attorney, who told me he never denied such a request, nor did he receive such a request.

I don’t enjoy being lied to, and I can catch on pretty quickly.

Jenkins was sentenced to state prison on Friday, Sept. 9, 2016. For a crime that I know he did not commit. I don’t know if I can say that enough.

Jenkins shared with me on Sunday that he never pushed drugs on anyone, he does not have misdemeanor convictions on his record, and he was simply at the location to use – and not to even use heroin.

He was not near the man who threw the drugs and knocked me down.

Narcotics were not found in his pockets when he was searched at the location. He was never charged with promoting prison contraband (which confirms that he did not have drugs on his person when he was transported to the jail).

Jenkins was a senior when I was freshman in high school. I wasn’t friends with him, but I knew who he was. Always respectful, not a bully, not the type of person someone would want to avoid or stay away from.

He was a Chenango County resident until he moved to Binghamton to attend Broome Community College; hence the Binghamton address at the time of the arrest.

Jenkins told me he will serve his sentence as he has pled guilty and has signed a waiver of appeal, but oh, how I wish I wasn’t ten minutes late to court the day he entered his guilty plea.

I told him I would have removed myself from covering any further news articles about him, and I would have offered to be a witness in his defense.

By the time I made it to the courtroom, his plea had been accepted by Judge Frank B. Revoir, Jr. I hung my head and felt like a failure.

Sending this man, who I clearly witnessed loitering in the first degree, will be heading to state prison for criminal possession with intent to sell.

Why was he not offered probation? It can’t be the prior convictions, as others that night had priors.

I will reiterate: the man who gave me the scar on my leg was in possession of the narcotics until he threw them. That scar will walk with me forever, as will my disappointment in this failure of the justice system.

While Jenkins sits in prison, I will continue to wonder why Lady Justice atop the Chenango County Courthouse is not blindfolded, as is customary. The blindfold represents objectivity, in that justice is or should be meted out objectively, without fear or favor, regardless of money, wealth, fame, power, or identity; blind justice and impartiality.

I spent an hour with Jenkins. He was surprised to see me, as inmates are not told who is there to visit. He explained how he is disappointed with the light sentences for sex offenders (probation, time served, six months split sentences), yet did not complain once about his own sentence. I knew I would not be able to rest without finally – after a letter that never made it to him and a media interview request that was mysteriously denied – telling him that I knew. I knew he was not treated fairly based on the circumstances of the case.

Nathaniel Jenkins is not an out-of-town drug dealer. He was a drug user. Perhaps a treatment offer would have been more fitting.

Nathaniel Jenkins is a man, who had an issue with using drugs. He is not someone for the county to make an example of. That is certainly not just, nor is it fair.

He’s a man with plenty of life ahead of him, and a loitering charge would have sufficed.

To say I’m disappointed in the actions of the District Attorney’s Office, Chenango County Correctional Facility, and the Court would be an understatement. To be fair, I am equally disappointed in myself for not running faster into the courtroom to attempt to stop him from taking the plea.

Mr. Jenkins: You did not scar my leg. You did not throw drugs across a garage. I did not see you in possession of any narcotics. I saw you sitting with the others who received probation. While I know you will serve your time in state prison and come out a stronger man – as you told me – know that I know the truth.

When we all see justice, then we’ll all see peace.

I’m not at peace.




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