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Case of Corrections Officer accused of assaulting inmate moved to different judge

By WKTV News

Story Created: Jan 5, 2012 at 12:56 PM EDT

Story Updated: Jan 5, 2012 at 1:08 PM EDT

UTICA, N.Y. (WKTV) - The case of a State Corrections Officer who is accused of assault was back in court on Thursday, but was moved to a different judge.

Michael Wehby, 51, of Frankfort is employed at Midstate Correctional Facility in Marcy.

He's accused of assaulting an inmate in January 2011. Wehby faces three charges - second-degree assault, second-degree attempted assault and third-degree assault. Wehby is accused of causing head injuries to inmate Jose Rivera, 45 in the dining hall of the facility.

In December, before Judge Barry Donalty, Wehby turned down a plea offer.

On Thursday, January 5, the case was moved to the courtroom of Judge Michael Dwyer.

Wehby is suspended from his job as a Corrections Officer pending the outcome of the case. If convicted at trial, he'll face up to seven years in state prison.

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