BINGHAMTON, NY – The trial of a depot man accused of shooting a New York State soldier is now in the hands of a jury.
Scott Mawhiney is charged with attempted murder for allegedly shooting Private Ryan Thorp in the arm as the officer responded to a domestic violence call in June.
After a 4-day trial, District Attorney Mike Korchak and Defense Attorney Ron Benjamin both spoke to the jury for the last time.
Benjamin first addressed the jury.
The main point he was trying to make clear was that although his actions may have been reckless, Mawhiney had no intention of harming Thorp or any individual that night.
He also hammered home the claim that Mawhiney was very drunk and didn’t remember much of what happened that night.
Benjamin claims that prior to June 23, Mawhiney was a law-abiding and hardworking citizen his entire life.
He asked the jury to find him not guilty on all counts except assault as they admit Mawhiney fired the bullet that hit Thorp.
Korchak was next.
He came prepared with a power point describing everything for the jury.
His main point is that Mawhiney knew what he was doing all night.
Korchak used the texts he sent that night to prove his point.
Korchak asked the jury to find him guilty on all counts, as the prosecution believes Mawhiney intended to kill Private Thorp that night.
After oral argument, Judge Kevin Dooley instructed the jury on how to deliberate.
Mawhiney faces several counts, including attempted murder, assault, possession of a firearm and harassment.
The jury seemed to be close to a verdict but nothing had been decided yet at 4:15 p.m. Friday night.
At around 5.15 p.m., the jury delivered its verdict.
The jury finds Scott Mawhiney guilty of attempted murder of a New York State soldier.
He was also convicted of aggravated assault of a police officer, an offense of possession of a weapon and an offense of harassment.
Amber-lynn Yesalusky, wife of Private Ryan Thorps, gave a statement to NewsChannel 34 after the verdict.
“It was the fear of the unknown, all I knew was that he had been shot and I thought I had lost my husband on the night of the 23rd. I was 9 months pregnant with our second child. at the time and thought I was going to raise two children on my own. All this week I was exasperated that he said he didn’t know what he was doing that night. He was using alcohol as a scapegoat, basically saying, because he drank it made him feel good. I was angrier than anything else, ”Yesalusky says.
The Thorps family also told NewsChannel 34 that they were relieved after the verdict was released.
Mawhiney has since been arraigned in Broome County Jail and sentencing is scheduled for February 4.