There will be no taxpayer-funded trial on criminal mischief charges for a man already serving a life sentence on a jury-trial conviction for attempted murder and arson.
Judge Michael Mohun dismissed the charges against Plush Dozier this morning at the formal request of District Attorney Kevin Finnell.
Finnell cited the inability of Dozier to pay restitution, the cost of a trial, and the fact that, given how sentencing works in New York, if convicted, Dozier would be given credit for time served, since it would run concurrent to the term he's serving now. That means he would get no additional prison time (which could be a factor if he became eligible for parole).
"It's in the public interest not to hold a trial," Finnell said.
The decision apparently came at Mohun's suggestion during a conference on the case, Defense Attorney Fred Rarick suggested during the case and reiterated to a reporter as he was leaving the courtroom. He said it was the right thing to do and saved the taxpayers the expense of transporting Dozier daily during a trial from Sullivan County.
Mohun, a county court judge in Wyoming County, has been assisting Genesee County since January while also mentoring new County Court Judge Melissa Cianfrini because of a backlog of cases. He inherited more than 80 cases that were more than years old -- going back to Cianfrini's time in the District Attorney's Office. Much of the delay in the cases can be attributed to COVID-related shutdowns and slowdowns.
He said after court that the last of the cases will be cleared from his calendar on Monday and his duties in helping to catch up Genesee County will be completed.
Dozier was convicted of attempted murder and arson in October. Dozier intentionally set fire on June 15, 2018, to the house at 35 Maple St., Batavia, in an attempt to kill a person inside the residence.
He appeared in court this morning, accompanied by three state prison guards, including a sergeant. Dozier was dressed in a green state prison jumpsuit, wearing on his head a white knit cap with a band of copper and black stripes knitted in and around it. Four people, friends and family, sat in court in support of Dozier. After the hearing, they thanked Mohun for his kindness in handling the case.
It was alleged that on Aug. 4, 2018, Dozier kicked out a plate of glass in a holding cell at the Genesee County Jail, which caused more than $5,000 in damage. He's also accused of causing more than $250 of damage to a Sheriff's Office patrol vehicle on Aug. 20, 2018. That lead to charges of criminal mischief 3rd and criminal mischief 4th.
Finnell said he consulted with Sheriff William Sheron on the dismissal and Sheron agreed with the decision.
Sheron said this afternoon, "Dozier is serving a life sentence, therefore in the interest of justice, we agree with the dismissal of the charges."
