PLATTSBURGH — The two suspects connected to a fatal shooting in the City of Plattsburgh in early September were arraigned in Clinton County Court on new charges Thursday.
Erica Colon, 21, and Chazz E. Johnson, 24, both of Plattsburgh, were arrested after Markus Dixon, 31, also of Plattsburgh, was found shot three times in the chest area near 137 Cornelia St. around 2:23 a.m. Sept. 3.
Dixon was transported to the University of Vermont Healthcare Network at Champlain Valley Physicians Hospital where he succumbed to his injuries and was pronounced deceased.
JOHNSON
Johnson has been charged with murder in the second degree, conspiracy in the second degree, two counts of criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree.
Johnson’s attorney Greg LaDuke entered a not guilty plea for all charges before Judge Keith Bruno Thursday. Johnson is now due back in court in December.
Assistant district attorney Jeffrey Kehm asked that Johnson continue to be remanded to Clinton County Jail without bail, deeming him a “flight risk” who faces “significant” prison time.
Johnson, who has ties to the New York City area, also has a criminal history. In January, he was convicted in Sullivan County for possession of a firearm, Clinton County District Attorney Andrew Wylie told the media when Johnson was initially arrested in September.
Bruno questioned what sentence Johnson faced for that January conviction since he was “free and about” in Plattsburgh in September, but Kehm was unaware.
Bruno approved Kehm’s request to remand Johnson to jail without bail.
COLON
Colon had her court appearance immediately after Johnson’s.
She has been charged with murder in the second degree and conspiracy in the second degree. Colon’s attorney Hilary Rogers entered a plea of not guilty for each charge.
Unlike Johnson, Colon has been out on bail. She posted the $7,500 cash bail that was set in Plattsburgh City Court previously.
As she is now facing a higher charge of murder in the second degree, and thus, a potentially higher prison sentence if convicted, Kehm asked that her bail be raised to $20,000 cash, $40,000 bond or $150,000 partially secured surety bond at 10%.
Kehm also said when Colon’s bail amount was originally lowered and agreed upon in Plattsburgh City Court, there was an agreement that she would cooperate with the district attorney’s office against Johnson. However, Kehm said she has not done so since then.
Additionally, there is stronger evidence against Colon now than it was, he said.
“We are at a different place (now) than where we were,” he said as his reasoning for requesting higher bail.
Rogers argued against Kehm’s request for a higher bail amount and said Colon has appeared at every court appearance she was supposed to be at. Colon also has no prior criminal record, was born and raised in Clinton County and therefore, not a flight risk, Rogers said.
She said the DA’s office has also provided no incentive for Colon to cooperate with them. Rogers said the DA’s office wasn’t willing to have any plea agreement negotiations because they didn’t know what the charges were going to be at the end.
“Despite all that, she’s here,” Rogers said.
And while she is facing murder in the second degree, which is a higher charge than what she previously faced, the potential sentences, if convicted, are similar in length, Rogers said.
Her maximum possible sentence was 25 years previously, and now, it’s 25 years to life, she explained.
“It’s not as significant (a change) as the DA’s office is portraying,” Rogers said.
Judge Bruno denied Kehm’s request for a higher bail for Colon, keeping it at $7,500 cash. Bruno also required that Colon not leave Clinton County with the exception of a medical emergency; if she does, the court must be notified.
Colon is due back in court in December.