DELHI _ A Kortright man is in jail awaiting sentencing on a drunken-driving conviction.

A Delaware County jury took three hours Friday to find Robert Boguski guilty of driving while intoxicated.

Boguski, 36, was charged with DWI, resisting arrest and failure to stop at a stop sign Feb. 6.

Delaware County District Attorney Richard Northrup said Assistant District Attorney John Hubbard handled the trial, which lasted three days. He said there were five men and seven women on the jury.

The jury found Boguski guilty on the counts of DWI and resisting arrest but decided he was not guilty of running a red light, Northrup said.

During a Huntley hearing last week, Trooper Tony Fioretto said when he came on duty Feb. 5, he was given a report about a domestic incident earlier in the day. The report indicated that Boguski was intoxicated and was driving a 1992 green Pontiac Bonneville when he left the house where the incident occurred.

At a Huntley hearing, a judge hears evidence on whether police officers acted legally when a defendant made a statement and whether the statement was voluntary, according to the state Justice Handbook on the New York City Bar website.

Fioretto said at 11:49 p.m., he was sent to an accident involving a green Pontiac Bonneville at the intersection of county routes 12 and 33 in Kortright.

As he approached the accident, Fioretto said he encountered Boguski walking west on county Route 12.

"The subject was staggering," Fioretto said. "I stopped and asked if he was Mr. Robert Boguski, and he said, Who wants to know?'"

Fioretto said he smelled an odor of alcoholic beverages and noted that Boguski's eyes were glassy and bloodshot.

"(Boguski) stated that he didn't know anything about an accident and he didn't know where he was coming from or where he was going," Fioretto said. "He said he hadn't been drinking while he was walking but admitted he had had a few beers."

Boguski refused to take field sobriety tests or a breath test and resisted arrest, Fioretto said.

"He was restrained, and when I patted him down and removed his winter hat, I observed a bump on his head," Fioretto said.

Fioretto said he called for an ambulance and later found out that the injury on Boguski's forehead was from the domestic incident.

Delaware County Judge Carl Becker said Boguski's girlfriend testified during the trial that she hit him with a saucepan so hard that it dented the pan.

Becker said Boguski is jailed without bail to await sentencing Oct. 22. Becker said the maximum Boguski could face on the DWI charge is 1 1/3 to 4 years; resisting arrest carries a maximum of one year.

Trending Video

Recommended for you