Rutger Street homicide case to be presented to grand jury

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Rutger Street homicide case to be presented to grand jury

By DAVID DELLECESE

Story Created: Sep 29, 2008 at 10:42 AM EST

Story Updated: Sep 29, 2008 at 10:43 AM EST

UTICA, N.Y. (WKTV) - A man facing murder charges for a September 1 shooting in Utica will now have his case presented to an Oneida County Grand Jury.

Utica Police say Jameil Peak shot James Johnson, 38, multiple times in the chest around 11 p.m. on September 1 outside a home in the area of Rutger Street in Utica. Police say Peak was currently incarcerated for an alleged parole violation when he was then charged for the Rutger Street homicide.

Peak pleaded not-guilty at his arraignment Wednesday, September 24, in Utica City Court.

He returned to City Court on Monday, September 29, where the case was adjourned until November 26 for presentation to an Oneida county Grand Jury, the District Attorney's Office said.

"The people did not hold a hearing in this particular case because the defendant has other holds on him from the New York State Department of Parole," said Assistant District Attorney Michael Coluzza. "He is being held no only on the murder charge but on other matters."

Coluzza said the District Attorney's office chose not to go forward with the scheduled felony hearing Wednesday, and just requested adjournment for presentation to a grand jury, which is, he said, what would typically happen in a felony case.

While the case is still pending in City Court, if there is an indictment by Oneida County Grand Jury, then the case would be superseded by the indictment and the jurisdiction would be transferred from Utica City Court to Oneida County Court.

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