Deposit man indicted for murder

Public Defender criticizes DA for reneging agreement

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DELHI - A Deposit man, James D. Christ, 27, was indicted for second-degree murder, accused of killing a child on May 9. Christ was scheduled to be arraigned on an unrelated charge of third-degree criminal mischief in Delaware County Court, Monday, Aug. 26, but did not show up for court.

At District Attorney Shawn Smith’s request, Judge John Hubbard issued a warrant for Christ’s arrest on the criminal mischief charge as well as the murder indictment, signed by the Delaware County Grand Jury Aug. 22. Christ was also charged with two counts of endangering the welfare of a child and first-degree reckless endangerment, accused of acting in a manner injurious to two children between March 6 and May 9, and engaging in conduct with a depraved indifference to human life and ultimately killing a 3-year old child.

Public Defender Joseph Ermeti argued against an arrest warrant, asking that Hubbard allow a week for Christ to answer the charges.

One of those charges - criminal mischief - Ermeti said, was disposed of in Deposit Justice Court, on the consent and agreement of the district attorney. In that indictment, signed Aug. 15, Christ is accused of intentionally damaging property belonging to another person on July 7 in the town of Deposit.

After the charge was disposed of, Ermeti said, the district attorney indicted his client.

“That’s just one of the many problems with this,” Ermeti said.

Hubbard told Ermeti he would, in the future, have an opportunity to “make a record,” regarding the allegations.

Christ has been out of jail on $5,000 bail posted in Deposit court, Ermeti continued, and neither he or Christ have heard from the district attorney’s office in months about previously discussed plans to charge Christ in the child’s death, which has been elevated from homocide or manslaughter to murder.

District Attorney Shawn Smith requested the arrest warrant based on a “change in circumstances.”

A co-defendant is listed in Christ’s charging document, or indictment, who has not yet been charged.

Christ was arrested on the warrant and pleaded not guilty to the charges Tuesday, Aug. 27. Christ is being held at the Delaware County Jail, without bail, awaiting another court appearance.