According to WETM journalist Keiran Coffey, who cited a Steuben County DA press release, Perry was indicted on the class C violent felony burglary charges stemming from his use of a false identity which he used to unlawfully enter the home of a Painted Post woman he was dating.
Perry had been arrested in July for criminal impersonation after it was found that he trolled dating sites and Craig's List ads using the alias David Jones and started a several month relationship with a woman from Painted Post, New York, located in Steuben County.She only found out Perry's true identity after posting an Instagram photo of the two of them on vacation in the Carolinas. Friends of the woman saw the photo and alerted her that that was David Perry, a murder suspect and convicted felon. The woman called police who arrested Perry for criminal impersonation and violation of his parole. His parole included not leaving the county of Chemung and the state of New York. He was also supposed to inform his parole officer if any relationships he may have engaged in. Perry not only boldly left the county and the state of New York, he never told his parole officer about any of the relationships he was having.
Burglary in New York state is defined as : A person is guilty of committing burglary in the third degree - the least of the burglary offenses - when he or she "knowingly enters or remains unlawfully" in a building with the intent to commit a crime therein.
Perry knowingly entered the woman's home while using a fake name, which was a crime and therefore resulted in the burglary charges.
Below are the definitions of Class C Violent Felonies
C Violent Felony
|ATTEMPT to commit any class b violent felony||B Violent|
|Aggravated criminally negligent homicide||125.11|
|Aggravated manslaughter in the second degree||125.21|
|Aggravated sexual abuse in the second degree||130.67|
|Assault on a peace officer, police officer, fireman or emergency medical services professional||120.08|
|Assault on a judge||120.09|
|Gang assault in the second degree||120.06|
|Strangulation in the first degree||121.13|
|Burglary in the second degree||140.25|
|Robbery in the second degree||160.10|
|Criminal possession of a weapon in the second degree||265.03|
|Criminal use of a firearm in the second degree||265.08|
|Criminal sale of a firearm in the second degree||265.12|
|Criminal sale of a firearm with the aid of a minor||265.14|
|Aggravated criminal possession of a weapon||265.19|
|Soliciting or providing support for an act of terrorism in the first degree||490.15|
|Hindering prosecution of terrorism in the second degree||490.30|
|Criminal possession of a chemical weapon or biological weapon in the third degree||490.37|
What's interesting to note is that C Violent Felonies are often charged if a B Violent Felony is committed. Those include rape, child molestation, attempted murder, aggravated sexual abuse, kidnapping and assault among others.
If every time Perry entered the woman's home, he did so under a false identity, that could possibly be classified as not only a parole violation but felony impersonation, which is what he was charged with in July. But burglary usually involves the attempt of theft, so who knows? Maybe he stole a watch or something from the woman's house...
Either way, he's back in jail, where he belongs. Back at the Steuben County Jail.. hopefully they put him back in his OLD CELL... ah memories, eh Dave??? KARMA IS CATCHING UP TO YOU...
And by the way, someone was sending me comments to the blog about how Perry
"only spent 4 weeks in jail.. HAHAHAHAH"
I of course didn't publish the comments because I'm pretty certain they are from him. So I guess Dave, the jokes on YOU... HAHAHAHAH. Enjoy your cell. And I don't mean your phone..
Meanwhile, Kelly Rothwell is STILL missing...