LIVINGSTON COUNTY – The Mount Morris man who injured a Livingston County Sheriff’s Deputy and led law enforcement on a week-long manhunt in August is poised to throw away a plea offer from the Livingston County District Attorney’s Office and take his felony assault and escape charges to trial.
Richard ‘Boo’ Henry, 36, has retained attorney Eric Smith, who said in court on Thursday that Henry would like to schedule a Dunaway Hearing to see if police had ‘probable cause’ to detain, search and arrest him.
“You understand that the DA’s Office would withdraw their plea offer if that happens?” confirmed Judge Dennis Cohen. “You would expose yourself to much more than the original offer.”
The original offer by the DA’s Office was for 6 years in prison and 5 years of post-release supervision. If Henry goes forward with this hearing and a trial and is convicted, he could face a maximum of 7 years in prison as a second violent felony offender.
Henry spent nearly 3 years in state prison starting in 2012 for an Attempted Burglary conviction in Livingston County.
On July 31, a Deputy and Parole Officer were that Henry would be camping behind his mother’s house in Tuscarora, a hamlet of Mount Morris, when they approached the camp to arrest Henry for failing a urine test and failing to report to Parole.
After being located and placed in plastic zip-cuffs, Henry took off into the woods and a Deputy was injured pursuing him.
Henry is currently held at the Livingston County Jail on $200,000 cash or credit card.
Goodwin and Pragle have both since made bail.