Motions made in case of CO accused of assaulting inmate

By WKTV News

UTICA, N.Y. (WKTV) - Wednesday was the deadline for the attorney for a Corrections Officer accused of assault to file papers with the court, making standard requests.

Michael Wehby, 51, of Frankfort, is employed as a Corrections Officer at Midstate Correctional Facility in Marcy. He is accused of causing head injuries to Jose Rivera, 45, while Rivera was an inmate there in January of last year in the dining hall.

Wehby faces three charges - second-degree assault, second-degree attempted assault and third-degree assault, and is currently suspended without pay. If acquitted of charges he will be reinstated with full back pay.

He rejected a plea offer on December 1, after which the judge warned him that if he is convicted at trial, he will be places in State prison for up to seven years.

Wehby is due back in Oneida County Court in Utica on January 5.

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