December 27, 2017 at 4:06 p.m.
February trial date set in Welsh standoff case
February trial date set in Welsh standoff case
As part of pretrial conference Thursday, Judge Michael Bloom set a three-day jury trial to start Feb. 5 for Kenneth S. Welsh, who is charged with attempted first-degree intentional homicide, a class B felony, attempted first-degree reckless injury, a class D felony, and the misdemeanors of possession of a firearm while intoxicated and misdemeanor battery (domestic abuse).
On Sept. 20, 2016, Welsh accepted a plea agreement that allowed him to plead no contest to first-degree recklessly endangering safety and operating a firearm while intoxicated. Bloom sentenced him to three years in prison on Jan. 6, 2017, finding that Welsh's actions during the standoff called for some prison time rather than the probation and some jail time recommended by both Welsh's attorney Rodman Streicher and Oneida County district attorney Michael Schiek.
It seemed the case was closed but that turned out not to be the case.
At a motion hearing Nov. 8, Bloom ruled that Welsh could withdraw his plea because Streicher had forgotten to advise his client about one of the three elements of first-degree recklessly endangering safety before Welsh signed the plea form in September 2016.
Before a plea can be accepted by a judge, a defendant must be made aware of all of the elements of the crime to which he is pleading guilty or no contest. During the motion hearing, Schiek admitted that Welsh was advised of only two of the three elements.
Because of this, Bloom had no choice but to rule Welsh's pleas were not entered "knowingly, intelligently and voluntarily," as the law directs. He then vacated Welsh's conviction.
Once Bloom granted the motion, the four original charges were reinstated and the case reverted back to the pre-trial stage.
At a Dec. 21 pretrial conference, Schiek asked that a jury trial be set for early in 2018, with a final pre-trial hearing to be held a few weeks before. After questioning the attorneys as to how much time they will need to present their arguments, Bloom set a three-day jury trial to start Feb. 5 and the final pre-trial hearing for Jan. 25.
According to the complaint, Welsh's wife Mary Butler called 9-1-1 at approximately 11:20 a.m. April 19, 2016. She reported she had shot her husband "through the shoulder" and that he was now threatening to blow up the house "if anyone showed up at the residence." When law enforcement arrived, she told them there had been a struggle over a gun inside of the residence and that she had shot Mr. Welsh. As she was leaving the residence to back out of the driveway, Welsh had shot at her, striking the windshield of the vehicle, she added.
Butler told deputies that Welsh was distraught over having received a notice that the couple were to lose their house.
Several adjacent counties sent officers for mutual aid and a law enforcement drone was flown over the residence. The drone was able to ascertain that Welsh was on the front porch, allegedly armed with a long gun of some kind which he pointed at the drone at one point, according to the complaint.
According to the complaint, officers eventually entered the property and when Welsh would not surrender fired non-lethal bean bag rounds at him. When the team began to search the residence, the report alleges a strong odor of propane gas was detected. Investigators retreated until the gas was turned off and the building ventilated by fire personnel. Meanwhile, Welsh's wife was taken to the Oneida County Jail and Welsh was transported to Ministry St. Mary's Hospital for treatment of a gunshot wound to his left forearm and the injuries he sustained when he was taken into custody.
If convicted of the most serious felony, Welsh faces up to 60 years in prison. He is currently being held in the Oneida County Jail on a $40,00 cash bond that was reinstated when the conviction was vacated.
Jamie Taylor may be reached via email at [email protected].
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