April 9, 2018 at 4:30 p.m.
Tripoli man enters plea in 2016 standoff case
Welsh to be sentenced Wednesday
Tripoli man enters plea in 2016 standoff case
Kenneth S. Welsh was charged April 21, 2016 with attempted first-degree intentional homicide, a class B felony, attempted first-degree reckless injury, a class D felony, and two misdemeanors, possession of a firearm while intoxicated and misdemeanor battery (domestic abuse).
According to court records, Welsh's wife Mary Butler called 9-1-1 at approximately 11:20 a.m. April 19, 2016 to report 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 on scene, she advised there had been a struggle over a gun and that she had shot Mr. Welsh. As she was backing out of the driveway to leave the residence, Welsh shot at her, striking the windshield of the vehicle, she claimed, adding that Welsh was distraught after receiving a notice that the couple were about 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 which he pointed at the drone at one point, according to police reports.
According to the reports, 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 reports allege 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.
Welsh was scheduled to stand trial on the charges starting April 11. However, pursuant to a plea agreement, he entered a no contest plea Friday to one count of injury by negligent use of a dangerous weapon, a class I felony. The other three counts were dismissed.
It was the second time that Welsh has accepted a plea agreement just short of the case going to trial.
On Sept. 20, 2016, Welsh accepted a plea agreement wherein he pled no contest to first-degree recklessly endangering safety and operating a firearm while intoxicated.
Judge Michael Bloom sentenced him to three years in prison, noting that his behavior called for some prison time rather than the probation and some jail time his attorney Rodman Streicher and Oneida County district attorney Michael Schiek argued for in the plea agreement.
At a motion hearing on Nov. 8, 2017, Bloom ruled that Welsh could withdraw his plea because Streicher forgot to advise his client about one of the three elements of first-degree recklessly endangering safety before he 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.
Once Bloom granted motion, the four original charges were reinstated and the case reverted back to the pre-trial stage.
At a Dec. 21 hearing, Schiek asked that a jury trial be set for early in 2018, with a final pre-trial hearing to be scheduled a few weeks before that date. A three-day jury trial was scheduled start Feb. 5 and the final pre-trial hearing on Jan. 25, however a defense request for additional ballistics test on the bullet recovered from the car windshield caused another postponed.
In the interim, the parties were able to negotiate a new plea agreement.
In exchange for a guilty or no contest plea, Schiek agreed to reduce the first count to injury by negligent use of a dangerous weapon, a class I felony. The other three counts would be dismissed. Both attorneys also stipulated that they would recommend Bloom withhold the possible sentence of 18 months in prison and three years extended supervision and place Welsh on probation for three years.
Bloom accepted the plea and set sentencing for Wednesday morning.
If convicted of the most serious felony, Welsh could have been sentenced to 60 years in prison .
Jamie Taylor may be reached via email at [email protected].
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