posted on December 19, 2011 16:36
A Bergen man almost forfeited his legal right to plea guilty Monday in Genesee County Court.
22-year-old Timothy Andrews was charged as an accomplice in a November stabbing at Woodstock Gardens in Batavia, but has maintained his innocence in all court appearances since.
Today, Andrews agreed to an "Alford plea deal" – under which, the defendant does not admit guilt, but concedes that he would likely lose the case at trial based on evidence against him.
In an "Alford" situation, the prosecution is required to list off their gathered evidence. But when they did, and Judge Robert Noonan asked Andrews if he thought he’d be convicted based on the evidence, Andrews nearly broke the deal. He became visibly confused, and said, quote: “I don’t know how to answer that...no.”
Under an "Alford" plea, Andrews would have forfeited his right to plea guilty and gone to trial, but Andrews was able to quickly correct his answer to "Yes."
Timothy Andrews is now facing 2 to 7 years in prison at sentencing on March 15. He is released under supervision until then.
Also today, brother 19-year-old Kevin Andrews received the same plea deal in connection to the same incident. He remains behind bars until sentencing.
18-year-old Christopher Preedom, accused of the actual stabbing, will be in court tomorrow, believed also for a plea deal agreement.