West Seneca man charged in attempted murder case charged | Hudsonvalley360.com

Andrew J. Case, 41, of West Seneca in Erie County, was arrested Sept. 17 and charged with attempted second-degree murder, a Class B felony, after he was found with three shotguns in his vehicle in Greenport, according to state police had been.

The case was also charged with attempted first-degree assault and first-degree criminal use of a firearm, both Class C felonies; and driving under the influence, an unclassified misdemeanor.

Case, who was represented in court by Columbia County Public Defender Shane Zoni, pleaded not guilty to all charges in court Monday.

Zoni said in court Monday that an appropriate bond should be set in the case.

“My client has two small children,” Zoni said. “He’s not a flight risk. He's not going anywhere. He will be in court every time the court requires his appearance. To my knowledge, I am not aware of any failures or warrants related to his criminal history.”

The prosecutor also has a heavy burden of proof in the case, said Zoni.

“I think the evidence is weak, frankly,” he said. “I believe, Mr. [Bryan] Bergeron [Columbia County Assistant Public Defender] touched on the question of the law relating to attempted experiments. To be an attempt, you have to get dangerously close. My client was stopped, I believe, about an hour and a half away from his supposed destination.”

Columbia County Assistant District Attorney Cheryl Botts asked that the case be sent back to prison, saying the charge met the definition of attempted murder.

“Plus, the grand jury now agrees with us,” she said. “Based on all the evidence presented, they have decided to charge the defendant with attempted second-degree murder.”

GPS data collected from Case's vehicle indicated he was headed to the location of his wife's romantic partner, Botts said.

“It adds value to the case we already have,” she said. “It is our position that the defendant expressed his intention to kill this person to his wife before he placed his weapons in the trunk of his vehicle and drove for over four and a half hours. This evidence is his intent and the establishment of the crime of attempted murder.”

He also can't return to his home because of a protective order from Case's wife, Botts said.

“That’s where she lives, so he doesn’t have a place to go back to at this point,” she said. “It is my understanding that the house is marital property.”

Case was not dangerously close to committing the crime he was accused of, Zoni said.

“He’s been in jail long enough without bail,” he said.

The case is also competent enough to stand trial, Zoni said.

“He was always competent,” he said. “And he wants to contest these allegations. He wants to be able to be outside so he can help with his own defense.”

Claverack Municipal Court Judge Michael Brandon ordered a mental health evaluation in the case to begin last Tuesday. The results of the assessment were not discussed in court on Monday.

Columbia County Court Judge Michael Howard said he was “concerned” about where Case would live if he was granted bail.

“He has the financial means to rent,” Zoni said.

The law supports the release of the case, Howard said.

“Unless you determine that the client poses a risk of absconding to avoid prosecution,” he said. “The risk of flights in my mind, if I go through it, he's hours away from a far away jurisdiction.” He'll be driving for a long time. There is reportedly evidence of alcohol in the vehicle when he was driving with the guns early that morning.”

Howard said he believes people are innocent until proven guilty.

“I strongly believe that people should have the opportunity to be released on bail, but I am concerned,” he said.

The case is not guilty of the charges against him and is eligible for bail, Zoni said.

“Bail is about whether he comes back or not,” he said. “He doesn’t live across the country, he lives in the same state. He has children here that he cares about, he owns a house here, he has a job here in upstate New York. He's not from Texas. He's not from California. He doesn't come from a foreign country. Where can you run these days?”

Case also wants to defend itself against the allegations against him, said Zoni.

“Because these allegations, he knows, are weak,” he said. “He has every reason to return to this jurisdiction. He should be able to be out there so he can assist his lawyers in his own case.”

Howard set Case's bond at $75,000 cash, $100,000 surety or $125,000 partially secured.

The case is scheduled to be heard again in court on October 7th.