AUBURN - A Port Byron man accused of trying to hit a sheriff's deputy with a van at the end of a high speed pursuit will have an additional witness presented to a grand jury in an attempt to overturn his indictment.

During a Cayuga County Court hearing on Tuesday, James Hopkins, the attorney for Dale Rigby, 39, of 3 Bells Way, said he believed the witness, who never testified, possessed evidence that could clear his client of some of the charges.

Rigby is charged with the felony crimes of attempted assault of a police officer, attempted assault with intent to cause injuries, reckless

endangerment and unlawful imprisonment. He is also charged with the misdemeanor crimes of criminal possession of a controlled substance, resisting arrest and obstructing governmental administration.

Hopkins said he believes that Randal Blaisdell, who was a passenger in Rigby's van, will say his written statement was coerced to match the deputy's story, that his client did not attempt to hit the deputy and that the deputy fired at the vehicle after it had already passed him.

“The DA knew about this testimony,” Hopkins said. “It is up to the grand jury, not (Cayuga County District Attorney Jon) Budelmann to decide if the testimony merits consideration.”

Rigby is accused of leading a Wayne County Sheriff's Department deputy on a multi-county chase that ended in Cayuga County after the deputy shot one of the van's tires on March 17. The deputy had said he fired at the vehicle after Rigby turned around on a dead end road and drove at his squad car.

Budelmann said he gave Rigby two chances to make a statement when he testified and said Blaisdell was not called due to legal concerns and because the proceedings were running late.

If Blaisdell was called to testify and gave a different statement than he gave to police, he could have been charged with perjury or offering a false written statement, Budelmann said. Blaisdell had originally given a signed written statement to deputies saying he had told Rigby to stop the van and that the officer fired on their vehicle as Rigby drove in the officer's direction.

“If he changes his testimony, it means he either lied to the officers or he lied to the court,” Budelmann said.

Budelmann also said Hopkins failed to pursue two options that were available to him to have Blaisdell presented as a witness. Hopkins could have made a request during the grand jury hearing, or he could have issued a written request that asked for a specific witness to be presented.

A second passenger testified in front of the grand jury and told a story similar to the deputies report, Budelmann said.

After reviewing the grand jury minutes, Cayuga County Judge Mark Fandrich determined that Budelmann had given Rigby a chance to testify, but ordered the grand jury to be reconvened to decide if it wanted to hear Blaisdell's testimony.

The 23-member jury could choose to issue a new indictment if it wants to hear the testimony, Budelmann said.

Fandrich also assigned Norman Chirco to represent Blaisdell in the event that he did change his testimony.

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net