AUBURN - An Auburn man accused of shooting into an occupied home and pistol-whipping one of the residents there pleaded not guilty in Cayuga County Court Thursday to 11 felony charges and three misdemeanors.
John Small Jr. III, of 13 Wallace Ave., Auburn, is accused of getting into an argument about a debt owed to him by a resident of 27 Wallace Ave. during a house party Oct. 8, police said.
Cayuga County District Attorney Jon Budelmann said Small left the party and returned with a .22 caliber handgun, which he used to fire one shot through the kitchen door, before he kicked it in and assaulted a man inside.
Small's attorney, Joseph Sapio, said his client has a documented history of mental illness, including a bipolar disorder, schizophrenia and depression.
“This could be the culmination of some mental defect or disease,” Sapio said.
Sapio made a motion for an examination to determine his client's competency, which was denied by Cayuga County Judge Thomas Leone. Leone said he would still accept a written request for the exam at a future date.
Small faces four burglary charges, two counts of criminal use of a firearm, criminal possession of a loaded firearm, criminal possession of a concealed firearm, reckless endangerment and two counts of assault, all felonies. Small is also charged with the misdemeanors of criminal mischief, illegal discharge of a firearm and discharging a weapon within 500 feet of a dwelling.
Also in court:
#&149; A New York City woman who pleaded guilty to using two condoms to smuggle marijuana and 2 grams of heroin into the Auburn Correctional Facility last June was sentenced to six months in the Cayuga County Jail with five years probation.
Leone told Deanisha Rutherford, 22, that he would not sentence her to prison because of her clean criminal record.
“The guards' jobs are hard enough without people like you smuggling illegal contraband,” Leone said. “But you've never been in trouble. ... I am very hopeful that once you do this and complete it, you'll do just fine.”
#&149; An Ithaca man pleaded not guilty to six felony charges after he was accused of raping a woman while she was vomiting in a hotel bathroom on Aug. 16.
Santos “Sonny” Oliver, 31, of 1890 Danby Road, Ithaca, is accused of drinking with the victim at The Betty Blue bar in Moravia before driving her to the Lake Como Inn in Summer Hill, Budelmann said.
The victim then began vomiting in the women's bathroom, where Oliver is accused of forcing himself onto her, Budelmann said.
Because police were not able to perform a blood test in time, they were unable to determine if the victim was drugged or just severely intoxicated, Budelmann said.
Oliver faces two counts of rape and four counts of sex abuse.
#&149; A local man will spend the next 1.5 to three years in prison for violating an order of protection issued for his wife.
Jermaine Morris, 36, of 112 Park Place, Apt. 11, Auburn, admitted on Sept. 11 that he got into a verbal argument with his wife on June 28, which violated that order.
Morris also admitted in Thursday's court session that he was a second felony offender who was convicted of criminal contempt in 2005.
#&149; An Auburn man was sentenced to two years in prison with five years of post-release supervision for sexually abusing a 7-year-old girl while she slept June 16.
Frederick Allwood, 36, of 33 Orchard St., Auburn, who said he was drunk at the time of the incident, will also have to register as a sex offender.
#&149; Mathew Scott, 18, of 109 Washington St., Auburn, pleaded not guilty to attempted assault and assault, both felonies.
Scott is accused punching a person in the face with enough force to break some bones.
#&149; Natasha Murray, of 39 Robin St., Albany, pleaded not guilty to criminal sale of a controlled substance and criminal possession of a controlled substance.
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
Cayuga County District Attorney Jon Budelmann said Small left the party and returned with a .22 caliber handgun, which he used to fire one shot through the kitchen door, before he kicked it in and assaulted a man inside.
Small's attorney, Joseph Sapio, said his client has a documented history of mental illness, including a bipolar disorder, schizophrenia and depression.
“This could be the culmination of some mental defect or disease,” Sapio said.
Sapio made a motion for an examination to determine his client's competency, which was denied by Cayuga County Judge Thomas Leone. Leone said he would still accept a written request for the exam at a future date.
Small faces four burglary charges, two counts of criminal use of a firearm, criminal possession of a loaded firearm, criminal possession of a concealed firearm, reckless endangerment and two counts of assault, all felonies. Small is also charged with the misdemeanors of criminal mischief, illegal discharge of a firearm and discharging a weapon within 500 feet of a dwelling.
Also in court:
#&149; A New York City woman who pleaded guilty to using two condoms to smuggle marijuana and 2 grams of heroin into the Auburn Correctional Facility last June was sentenced to six months in the Cayuga County Jail with five years probation.
Leone told Deanisha Rutherford, 22, that he would not sentence her to prison because of her clean criminal record.
“The guards' jobs are hard enough without people like you smuggling illegal contraband,” Leone said. “But you've never been in trouble. ... I am very hopeful that once you do this and complete it, you'll do just fine.”
#&149; An Ithaca man pleaded not guilty to six felony charges after he was accused of raping a woman while she was vomiting in a hotel bathroom on Aug. 16.
Santos “Sonny” Oliver, 31, of 1890 Danby Road, Ithaca, is accused of drinking with the victim at The Betty Blue bar in Moravia before driving her to the Lake Como Inn in Summer Hill, Budelmann said.
The victim then began vomiting in the women's bathroom, where Oliver is accused of forcing himself onto her, Budelmann said.
Because police were not able to perform a blood test in time, they were unable to determine if the victim was drugged or just severely intoxicated, Budelmann said.
Oliver faces two counts of rape and four counts of sex abuse.
#&149; A local man will spend the next 1.5 to three years in prison for violating an order of protection issued for his wife.
Jermaine Morris, 36, of 112 Park Place, Apt. 11, Auburn, admitted on Sept. 11 that he got into a verbal argument with his wife on June 28, which violated that order.
Morris also admitted in Thursday's court session that he was a second felony offender who was convicted of criminal contempt in 2005.
#&149; An Auburn man was sentenced to two years in prison with five years of post-release supervision for sexually abusing a 7-year-old girl while she slept June 16.
Frederick Allwood, 36, of 33 Orchard St., Auburn, who said he was drunk at the time of the incident, will also have to register as a sex offender.
#&149; Mathew Scott, 18, of 109 Washington St., Auburn, pleaded not guilty to attempted assault and assault, both felonies.
Scott is accused punching a person in the face with enough force to break some bones.
#&149; Natasha Murray, of 39 Robin St., Albany, pleaded not guilty to criminal sale of a controlled substance and criminal possession of a controlled substance.
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net

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