AUBURN - Cayuga County Judge Peter Corning dismissed all six counts of an indictment charging a state prisoner in connection with a June 2003 altercation at the Auburn Correctional Facility that involved about 30 inmates and left eight officers injured.
The indictment stemmed from an incident in the main yard of the Auburn prison, when inmates converged on the sergeant's post, standing shoulder to shoulder in a row.
When corrections officers tried to disperse the inmates, they allegedly struck or attempted to attack the guards. Inmates only dispersed after two rounds were fired from the guard tower.
Alfredo Davis, 20, originally from the Bronx and a state prison inmate held in Attica Correctional Facility, could have faced life in prison because a conviction would have left him with persistent felony offender status.
"Whenever you go from a life sentence to the dismissal of an indictment, it's a victory," said Davis' lawyer, Michael Bass.
Corning's ruling on the charges may affect other state prisoners charged under the indictment.
Six of those cases are still pending, but four other state prisoners previously pleaded guilty or were sentenced for their roles in the attack.
The evidence in those cases was stronger and clearer, Bass said.
Davis was initially slated to go on trial Sept. 27, but that trial date was postponed.
A jury had already been selected for Tuesday's new trial date, but the jury was dismissed after Corning dismissed the indictment.
Corning had initially wanted the trial to go forward on only two of the counts Davis faced, but had not yet ruled on the validity of the other four counts.
Davis, who currently is serving a two-to-four year sentence for a third-degree burglary conviction, faced charges of riot in the first degree, three counts of second-degree assault, second-degree gang assault and fourth-degree conspiracy.
Corning dismissed Davis' four charges of rioting, gang assault, conspiracy and one of the assault charges on the basis that the circumstances of the altercation lasting only a few minutes did not constitute a riot. With the riot charge dismissed, Corning said the other charges could no longer stand.
Corning then dismissed the other two assault charges because he said he could not be sure from the grand jury minutes that the jury clearly and properly connected the assault charges to the two correction officers allegedly injured by Davis' actions.
"We respectfully disagree with (Corning's) assessment," said Chief Assistant District Attorney Jon Budelman.
"Ultimately, we expect this defendant will be convicted on these charges."
The district attorney's office will appeal Corning's dismissal of the indictments to the appellate division of the 7th Judicial district.
As the basis for the two now-dismissed assault charges, the district attorney's office contended in their indictment that after Davis gathered with the other inmates in the main yard, he injured a correction officer by striking the officer on the jaw as the officer restrained him. They said Davis injured the same officer and another while being escorted up a small staircase leading from the main yard to the prison's E-block.
According to the district attorney, Davis pushed back with his feet on the door frame and fell back onto one of the officers, leaving the officers with abrasions and other strain-type injuries. A third officer was reportedly injured with a strained back while helping to escort the still struggling Davis into the E-block.
Bass said his client contended his innocence through several months of conferences on his case, including that he was only a few months away from his release and had little reason to be involved in the incident.
"He had a lot riding on this," Bass said.
Budelman has previously said many of the defendants in the prison riot case are likely members of the Bloods prison gang, and initiated the confrontation with corrections officers after they lost access to their gang's turf in the weight-lifting section of the main prison yard.
A weapon was found in that section of the yard, and they were denied access to the area they used to fight to protect, Budelman said.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or amaris.elliot-engel@lee.net
When corrections officers tried to disperse the inmates, they allegedly struck or attempted to attack the guards. Inmates only dispersed after two rounds were fired from the guard tower.
Alfredo Davis, 20, originally from the Bronx and a state prison inmate held in Attica Correctional Facility, could have faced life in prison because a conviction would have left him with persistent felony offender status.
"Whenever you go from a life sentence to the dismissal of an indictment, it's a victory," said Davis' lawyer, Michael Bass.
Corning's ruling on the charges may affect other state prisoners charged under the indictment.
Six of those cases are still pending, but four other state prisoners previously pleaded guilty or were sentenced for their roles in the attack.
The evidence in those cases was stronger and clearer, Bass said.
Davis was initially slated to go on trial Sept. 27, but that trial date was postponed.
A jury had already been selected for Tuesday's new trial date, but the jury was dismissed after Corning dismissed the indictment.
Corning had initially wanted the trial to go forward on only two of the counts Davis faced, but had not yet ruled on the validity of the other four counts.
Davis, who currently is serving a two-to-four year sentence for a third-degree burglary conviction, faced charges of riot in the first degree, three counts of second-degree assault, second-degree gang assault and fourth-degree conspiracy.
Corning dismissed Davis' four charges of rioting, gang assault, conspiracy and one of the assault charges on the basis that the circumstances of the altercation lasting only a few minutes did not constitute a riot. With the riot charge dismissed, Corning said the other charges could no longer stand.
Corning then dismissed the other two assault charges because he said he could not be sure from the grand jury minutes that the jury clearly and properly connected the assault charges to the two correction officers allegedly injured by Davis' actions.
"We respectfully disagree with (Corning's) assessment," said Chief Assistant District Attorney Jon Budelman.
"Ultimately, we expect this defendant will be convicted on these charges."
The district attorney's office will appeal Corning's dismissal of the indictments to the appellate division of the 7th Judicial district.
As the basis for the two now-dismissed assault charges, the district attorney's office contended in their indictment that after Davis gathered with the other inmates in the main yard, he injured a correction officer by striking the officer on the jaw as the officer restrained him. They said Davis injured the same officer and another while being escorted up a small staircase leading from the main yard to the prison's E-block.
According to the district attorney, Davis pushed back with his feet on the door frame and fell back onto one of the officers, leaving the officers with abrasions and other strain-type injuries. A third officer was reportedly injured with a strained back while helping to escort the still struggling Davis into the E-block.
Bass said his client contended his innocence through several months of conferences on his case, including that he was only a few months away from his release and had little reason to be involved in the incident.
"He had a lot riding on this," Bass said.
Budelman has previously said many of the defendants in the prison riot case are likely members of the Bloods prison gang, and initiated the confrontation with corrections officers after they lost access to their gang's turf in the weight-lifting section of the main prison yard.
A weapon was found in that section of the yard, and they were denied access to the area they used to fight to protect, Budelman said.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or amaris.elliot-engel@lee.net
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