AUBURN - A Cayuga County Jail inmate was sentenced to state prison for assaulting a fellow inmate convicted of trying to murder his nephew.
Richard Boswell, 32, with a last known address of 36 Pulaski St., Auburn, was sentenced in Cayuga County Court Tuesday to three years in state prison, five years post-release supervision and $320 in state fees for the felony of second-degree assault. Boswell admitted entering Cody Anderson's cell and striking him Nov. 1, 2006.
Anderson, originally of Red Creek, was sentenced to eight years in state prison and five years post-release supervision in March for cutting Marc Greczyn's throat while he slept Aug. 29.
“It was my nephew. He was in jail for trying to kill him while he was asleep in bed. It doesn't excuse my actions,” Boswell said.
Cayuga County Judge Mark Fandrich agreed it was an explanation for Boswell's actions. But no, the judge said, Anderson's actions in no way justified Boswell's response.
The judge asked if there was anything else Boswell wanted to tell him. “It was just a fight,” Boswell said.
Chief Assistant District Attorney Jon Budelmann said Boswell has a substantial criminal justice history dating back to his first involvement in the system as a juvenile. Boswell was sentenced as a second felony offender.
Anderson's lip was split, and he needed to go to the hospital for stitches, the prosecutor said.
Boswell's attorney, Simon Moody, said the “provocation” of Anderson's actions toward Boswell's nephew did not excuse his actions, but there was a context for his actions and jail authorities should have kept them separate.
Fandrich has returned to the bench after a hiatus since late April due to a health issue.
Also in court:
€ Benjamin M. Ingerson, 26, of 4100 Depot Road, Auburn, was sentenced to 3.5 years in state prison, three years post-release supervision and $320 in fees. Ingerson also received a recommendation he enter a Department of Correctional Services' drug treatment program as part of his sentence for the felony of third-degree criminal possession of a narcotic drug.
He admitted possessing crack cocaine with the intent to sell it March 21. Ingerson was sentenced as a second-felony offender for the Onondaga County September 2001 conviction of third-degree burglary.
€ Jamel McIntosh, 23, with a last known address of Apt. 2, 3 Lawton Ave., Auburn, and currently held in CCJ, pleaded guilty to the felony of third-degree criminal possession of a weapon and two misdemeanor counts of second-degree menacing.
McIntosh admitted possessing a switchblade knife Sept. 22 in Auburn. The charge was raised to a felony because he had prior misdemeanor convictions. McIntosh also admitted to displaying a screwdriver and threatening two people with it during a dispute at the Mobil Express Mart on State Street in Auburn April 20.
Fandrich promised to sentence McIntosh to one year in CCJ for each of the charges. Two of the sentences will run back-to-back. His sentencing is scheduled for 9 a.m. Aug. 21.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
Anderson, originally of Red Creek, was sentenced to eight years in state prison and five years post-release supervision in March for cutting Marc Greczyn's throat while he slept Aug. 29.
“It was my nephew. He was in jail for trying to kill him while he was asleep in bed. It doesn't excuse my actions,” Boswell said.
Cayuga County Judge Mark Fandrich agreed it was an explanation for Boswell's actions. But no, the judge said, Anderson's actions in no way justified Boswell's response.
The judge asked if there was anything else Boswell wanted to tell him. “It was just a fight,” Boswell said.
Chief Assistant District Attorney Jon Budelmann said Boswell has a substantial criminal justice history dating back to his first involvement in the system as a juvenile. Boswell was sentenced as a second felony offender.
Anderson's lip was split, and he needed to go to the hospital for stitches, the prosecutor said.
Boswell's attorney, Simon Moody, said the “provocation” of Anderson's actions toward Boswell's nephew did not excuse his actions, but there was a context for his actions and jail authorities should have kept them separate.
Fandrich has returned to the bench after a hiatus since late April due to a health issue.
Also in court:
€ Benjamin M. Ingerson, 26, of 4100 Depot Road, Auburn, was sentenced to 3.5 years in state prison, three years post-release supervision and $320 in fees. Ingerson also received a recommendation he enter a Department of Correctional Services' drug treatment program as part of his sentence for the felony of third-degree criminal possession of a narcotic drug.
He admitted possessing crack cocaine with the intent to sell it March 21. Ingerson was sentenced as a second-felony offender for the Onondaga County September 2001 conviction of third-degree burglary.
€ Jamel McIntosh, 23, with a last known address of Apt. 2, 3 Lawton Ave., Auburn, and currently held in CCJ, pleaded guilty to the felony of third-degree criminal possession of a weapon and two misdemeanor counts of second-degree menacing.
McIntosh admitted possessing a switchblade knife Sept. 22 in Auburn. The charge was raised to a felony because he had prior misdemeanor convictions. McIntosh also admitted to displaying a screwdriver and threatening two people with it during a dispute at the Mobil Express Mart on State Street in Auburn April 20.
Fandrich promised to sentence McIntosh to one year in CCJ for each of the charges. Two of the sentences will run back-to-back. His sentencing is scheduled for 9 a.m. Aug. 21.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
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