Correction Officer accused of injuring inmate rejects plea offer


UTICA, N.Y. (WKTV) - A local correction officer was in Oneida County Court on Thursday, but as a criminal defendant.

Michael Wehby, 51, of Frankfort, is accused of injuring an inmate at the Midstate Correctional Facility in Marcy where he worked. On Thursday, he was in court to let the judge know if he wants to take a plea offer or take his chances at trial.

Wehby is accused of causing head injuries to Jose Rivera, 45, while Rivera was an inmate at Midstate Correctional Facility in January of last year. The alleged incident happened in the dining hall.

Wehby faces three charges - second-degree assault, second-degree attempted assault and third-degree assault.

On Thursday in Oneida County Court in Utica, Wehby rejected a plea offer. The judge warned him that if he is convicted at trial, he will be back in state prison, but as an inmate, facing up to seven years behind bars.

Next, Wehby's attorney will start making motions or routine requests of the court. Wehby is suspended from his job as a Correction Officer pending the outcome of the case.

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