People v. Shafer

74 Misc.3d 405

160 N.Y.S.3d 817

The PEOPLE of the State of New York

v.Clayton SHAFER, Defendant.

Index No. 2021-55

County Court, New York, Ulster County.

Decided on December 21, 2021

For the People: David J. Clegg, Esq., District Attorney, By: Emmanuel C. Nneji, Esq., Chief, Assistant District Attorney

For the Defendant: O'Connor & Partners, PLLC, By: Joseph E. O'Connor, Esq.

Bryan E. Rounds, J.

The defendant has asked the Court to reconsider its two previous decisions concluding that the defendant must be committed to the custody of the sheriff without bail pending trial in light of the aforementioned decision of the Albany County Supreme Court. The People oppose the application.

Pertinent Background

On July 21, 2021, a grand jury of Ulster County handed up a six-count indictment charging the defendant with Attempted Murder in the First Degree, PL 125.27(1)(a)(i) & (b)/110.00, a class A-I felony; Attempted Murder in the Second Degree, PL 125.25(1)/110.00, a class B violent felony; Attempted Aggravated Assault Upon a Police Officer or Peace Officer, PL 120.11/110.00, a class C violent felony; Attempted Assault in the First Degree, PL 120.10(1)/110.00, a class C violent felony; Menacing a Police Officer or Peace Officer, PL 120.18, a class D violent felony; and Criminal Possession of a Weapon in the Fourth Degree, PL 265.01(2), a class A misdemeanor. All of the offenses are based on the allegation that the defendant attempted to fire a rifle at an Ulster County deputy sheriff on February 9, 2021.

On July 30, 2021, the defendant was arraigned on the indictment by this court, pled not guilty, and asked that he be released on bail, whereupon the Court conducted a hearing during which it heard arguments by both sides addressed specifically to the factors and criteria set forth in the controlling statute, CPL 510.30(1)(a) through (g), part of the Bail Elimination Act of 2019 which went into effect on January 1, 2020, and to the evidence in this case. In arguably pertinent part, the defendant asserted that he has never been convicted of a crime but was adjudicated a youthful offender more than 30 years ago; that he has lived in and operated a business in Ulster County for many years and owns real property here; that he has no record of fleeing the jurisdiction to avoid criminal prosecution; that he has the wherewithal to post bail in a substantial amount without suffering undue hardship; and that he was released on his own recognizance by the Town of Esopus Justice Court when previously arraigned there on the charge of Menacing a Police Officer or Peace Officer. The People, after arguing that the defendant is facing a long prison sentence if convicted of the more serious charges in the indictment and thus poses a risk of flight to avoid prosecution, recommended that the Court set bail in the sum of $200,000 cash or $350,000 and $500,000 in bonds authorized under CPL 520.10(1). Both parties also debated the merits of the case, the defendant contending that the evidence will show that he did not attempt to shoot the sheriff's deputy and the People contending that it will.

After carefully considering and weighing all of such factors and criteria applicable to this case and this defendant, and considering the kind and degree of control or restriction necessary to secure the defendant's court attendance when required, the Court determined that the defendant poses a significant risk of flight to avoid prosecution in view of the fact that he is facing a potential maximum sentence of 25 years-to-life in prison and a potential minimum sentence of 15 years-to-life in prison if convicted of Attempted Murder in the First Degree. Accordingly, and finding it to be the least restrictive alternative and condition that would reasonably assure the defendant's return to court, the Court committed the defendant to the custody of the sheriff without bail pending trial.

On September 24, 2021, the defendant having applied to this court in writing for reconsideration of the Court's decision on July 30, 2021, which the People opposed, the Court again conducted a hearing during which it heard essentially the same arguments made by both sides at the previous hearing, the only difference being that the defendant in the interim had reviewed a video-recording of the incident turned over to him by the People and contended that it supported his position that the evidence will show that he did not attempt to shoot the sheriff's deputy, which the People not surprisingly disputed. The Court has since also viewed the video-recording.

After again carefully considering and weighing all of the factors and criteria set forth in CPL 510.30(1) applicable to this case and this defendant, and again considering the kind and degree of control or restriction necessary to secure the defendant's court attendance when required, the Court again determined that the defendant poses a significant risk of flight to avoid prosecution in view of the fact that the defendant is facing a potential maximum sentence of 25 years-to-life in prison and a potential sentence of 15 years-to-life if convicted of Attempted Murder in the First Degree. Accordingly, and again finding it to be the least restrictive alternative and condition that would reasonably assure the defendant's return to court, the Court again committed the defendant to the custody of the sheriff without bail pending trial.

On October 26, 2021, a grand jury of Ulster County handed up an eight-count, sealed indictment charging Christopher Baldner with Murder in the Second Degree, PL 125.25(2), a class A-I felony; Manslaughter in the Second Degree, PL 125.15(1), a class C felony; and Reckless Endangerment in the First Degree, PL 120.25, a class D felony (six counts counts). The first five counts are based on the allegation that the defendant, a New York State trooper, on December 22, 2020, engaged in a high-speed chase of a vehicle occupied by multiple people on the New York State Thruway and struck the vehicle twice, causing it to overturn and kill one of its occupants. The last three counts are based on the allegation that the defendant, on September 6, 2019, engaged in a high-speed chase of a vehicle occupied by multiple people on the New York State Thruway and struck the vehicle, causing it to crash into a guardrail and creating a grave risk of death to its occupants.

On October 27, 2021, the indictment was unsealed and the defendant was arraigned on it by this court, whereupon he pled not guilty and was committed to the custody of the Sheriff without bail pending a written application for his release on bail to be made by the defendant.

On November 1, 2021, the defendant applied in writing to this court (under seal) for an order "fixing reasonable bail," which application was opposed by the People in writing. On November 4, 2021, the Court conducted a hearing during which it heard arguments by both sides addressed specifically to the factors and criteria set forth in the controlling statute, CPL 510.30(1)(a) through (g), part of the Bail Elimination Act of 2019, and to the evidence in this case. In arguably pertinent part, the defendant asserted that his conduct was justified under the circumstances and not criminal; that he is 43 years of age and has been employed by the New York State Police since September 9, 2002; that he graduated from college in 2001 with a bachelor's degree in Criminal Justice; that he has been married for 15 years to a woman who has been employed as a school guidance counselor for about 19 years and that they have two children, one thirteen years of age and the other eight years of age; that he and his wife purchased a home in Catskill, New York, where they lived for about 15 years, and that they now live with their children in a home they purchased in Cornwallville, New York, in July 2020; that the conduct the defendant is alleged to have engaged in was "of a reckless accidental nature," not intentional; that he has never been convicted of a crime or adjudicated a juvenile delinquent; that he is not a flight risk because, though he "was aware of an ongoing criminal investigation by the New York Attorney General's Office into the December 2020 incident," he has not taken any steps "to avoid apprehension or prosecution," and he retained an attorney more than eight months before his indictment and has remained in "continual contact with [his attorney] regarding the status of this case"; that he promptly and voluntarily surrendered himself to the authorities upon learning of his indictment; and that he has the wherewithal to post bail in a substantial amount without suffering undue hardship and proposes that his release be subject to multiple additional conditions designed to assure his return to court when required.

The People countered that, contrary to the defendant's characterization of his conduct on December 22, 2020, as "of a reckless accidental [emphasis in the original] nature," the evidence will show that he "intentionally and willfully rammed his police vehicle into the vehicle he was pursuing ..."; that he was traveling at a speed of 130 mph and the vehicle he struck was traveling at a speed of 110 mph when he struck it twice from behind; that his conduct on September 6, 2019, was likewise intentional; that the defendant should not be given credit for voluntarily surrendering himself upon learning of his indictment because he did not then know what the charges would be, the indictment having been sealed until his arraignment; and that, in accordance with the decision in People v. Portoreal , 66 Misc. 3d 497, 116 N.Y.S.3d 514 [Sup. Ct. Bronx County December 9, 2019], this court can consider "the strength of the evidence against the defendant and the potential sentence [25 years-to-life in prison on the First Count of the indictment and an additional 2 & 1/3-to-7 years in prison on the Sixth, Seventh, or Eight Counts of the indictment] that could be imposed [as] important factors in...