Tools

Why Adam Theall will return to court in Floyd and not Vienna for Blossvale shooting

By By PAT BAILEY

Story Created: Jun 28, 2010 at 3:24 PM EDT

Story Updated: Jun 28, 2010 at 5:26 PM EDT

FLOYD, N.Y. (WKTV) - The man accused of shooting and killing his three month-old son in front of police - Adam Theall - will be back in the Town of Floyd court on Thursday for a felony exam.

But why the Town of Floyd Court instead of Vienna where the incident occurred?

Not every felony case that happens in a town or village will be heard in a courtroom in that same town or village, said Oneida County District Attorney Scott McNamara.

On Saturday Theall, 21, was arraigned in the Town of Floyd court on second-degree murder charges after New York State Police said they witnessed him shoot and kill his three month-old son in Blossvale last week. Blossvale is in the Town of Vienna.

According to McNamara, if a person is charged with a felony in a town or village, they can be arraigned at any town or village in that county. If a person is charged with a felony in a city, they can only be arraigned in that city, said McNamara.

The Town of Floyd court was the fourth court chosen for Theall's arraignment Saturday, added McNamara.

Knowing the public's interest in this case and the expected amount of media at the arraignment, law enforcement were looking at Verona Town Court initially. Verona had both the size and security needed for the arraignment, said McNamara.

However, a justice for that court did not answer the phone late Saturday night, McNamara said. Finding a justice who answers late night calls plays a big role in where a person will be arraigned.

On Saturday, Justice Christopher Clarkin presided over Theall's arraignment.

"That is what the law enforcement has to deal with is dependence on the judge and his personality if they are willing to come out," McNamara said. "Clarkin is willing to come out and handle a lot of cases."

Justice Clarkin presides in both the Village of Oriskany and the Town of Floyd.

What's On