David Perry, currently in Steuben County Jail on Felony Fraud charges was re-indicted last week by a second Grand Jury on Felony Fraud charges in Broome County stemming from a Work Comp related injury. Those charges were reduced earlier this month after the judge in the case found that the amount of money the State claimed that Perry was awarded was not high enough to warrant a felony charge. However, Broome County ADA Sandra Cardone was given 30 days to make her case again and she once again was able to prove the higher charges.
According to Steuben County Brooks Baker, Perry will be transported from the Steuben County Jail, where he currently resides, back to Broome County where he will be arraigned on the newer charges. Perry is charged on separate Felony Fraud charges in Steuben COunty as well as an assault charge on a fellow prisoner. His bail was revoked after police found $128,000 hidden in his home after he had claimed indigence.
Perry claimed that in October of 2003, he was injured in an altercation with an inmate at the Elmira Correctional Facility where he worked as a Corrections Officer. He claimed to have been part of a group of officers who were set to respond to a "red dot"; a call that there is fight in the prison. But witnesses who were at the fight testified that Perry never touched the inmate, except to escort him to the infirmary well after the fight was over. Prison rules dictate that any CO involved with an inmate altercation should have no further contact with that inmate until the incident is investigated.
Perry claimed disability and retired with a disability pension from the New York State Pension Fund of over $340,000.00,Work Comp benefits and Social Security Disability benefits.
Perry had been know to brag to his fellow CO's that he made over $7000 a month and offered to show several of them a brochure on how to get away with a disability claim.
Perry moved to Indian Rocks Beach Florida after he met Kelly Rothwell at a Sweet Tomatoes restaurant while vacationing in Florida. He moved in with Kelly at her beach condo within weeks.
After an often tumultuous three year relationship, Kelly, who had since then joined the St. Pete Police Academy, went home on Saturday, March 12, 2011 after a weekend with a friend purportedly to break up with Perry, who was controlling, possessive and violent. Downstairs neighbors reported hearing loud banging noises from Kelly's apartment above them, then extensive vacuuming. Perry was known to have Obsessive Compulsive disorder and was a clean fanatic.When sheriffs were called to do a home check on Sunday morning, March 13, 2011, they were hit with a very strong odor of disinfectant and bleach. Kelly was missing and Perry was nowhere to be found. Later that morning Perry answered a phone call from Kelly's sister Lauren with the words "Where is Kelly?"even though word has not yet gotten out about her disappearance. Perry has suddenly left Florida and was on route back to Elmira, N.Y. where he had a house. He has refused to cooperate with police and refuses to answer any questions about his actions on the day that Kelly disappeared.
Kelly Rothwell was never seen again. David Perry is the only suspect in her disappearance and probable murder. Perry is being held in the Steuben County Jail.
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