He was convicted in the 2021 shooting of a NY trooper. Why an appeals court reversed it
A Broome County man serving a 30-year to life sentence in the shooting of a state trooper in 2021 could have another day in court after a successful appeal of his attempted murder conviction.
The trial judge should have allowed the defense to present a psychiatric report testifying to the level of 47-year-old Scott Mawhiney's intoxication and impaired thinking at the time of the shooting, according to a decision Thursday by a state appeals court.
Mawhiney was found guilty by a Broome County Court jury on felony charges of first-degree attempted murder and aggravated assault of a police officer, along with a misdemeanor count of fourth-degree criminal possession of a weapon.
Deposit trooper shooting: How the case unfolded
The charges stemmed from a June 2021 encounter in the Village of Deposit, when state Trooper Ryan Thorp responded to a reported domestic incident and was greeted with gunfire.
Mawhiney fired several blasts from a shotgun, wounding Thorp in the arm and striking his patrol vehicle several times, prosecutors said. He later surrendered without incident after law enforcement personnel surrounded the residence.
Read the decision: Appeals court reverses decision in NY trooper shooting case
At Mawhiney's trial, defense lawyer Ronald Benjamin didn't dispute the events of that evening, but argued how intoxicated Mawhiney was at the time of the shooting.
Mawhiney consumed prescription medication and at least four white Russian cocktails that night, his lawyer said, making him even more impaired.
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What the appeals court said
Benjamin attempted to introduce testimony from a psychiatrist who would argue Mawhiney was too intoxicated to form the intent to kill or seriously injure a police officer, but that move was denied by Judge Kevin Dooley, who presided over the trial. At the time, the judge decided the issue of Mawhiney's intoxication and the impact it had on his thinking and behavior was a factor within an average juror's understanding, and wouldn't require an expert's testimony.
But the appeals court agreed with the defense, saying that expert testimony should have been allowed.
The appeals court said, by not allowing the expert testimony, Mawhiney was prevented from presenting proof on his intoxication and ability to form the necessary criminal intent that was "the key issue in his defense."
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Next steps in Deposit trooper shooting case
Mawhiney is currently incarcerated at the Clinton Correctional Facility in Dannemora, New York. As a result of Thursday's appeals court decision, the case will be sent back to Broome County Court for a new trial.
District Attorney Michael Korchak said he "respectfully disagrees" with the appeals court ruling, and his office is exploring options.
"If another trial is the result, I am confident that the evidence will again show that Scott Mawhiney is guilty of attempted murder of a police officer," Korchak said.
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This article originally appeared on Elmira Star-Gazette: Deposit man's conviction reversed in NY trooper shooting. Here's why
