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From Westervelt appeal: At approximately noon on October 6, 2004, a neighbor discovered Timothy Gray, who was unconscious, badly beaten and in a pool of blood, in the backyard of Gray’s residence in the Town of Bethlehem, Albany County. Subsequent investigation indicated that Gray had been attacked the evening of October 5, 2004 when Gray’s housemates, including his girlfriend, Jessica Domery, had been working out of the area. Defendant was identified by police as a person of interest since he had recently dated Domery and, when she terminated that relationship, defendant had engaged in a series of actions aimed at intimidating and harassing Domery and Gray, including an earlier physical altercation with Gray. On October 7, 2004, defendant accompanied a member of the Town of Bethlehem police department to the police station, where he was informed of his Miranda rights, told he was not under arrest, then questioned for about four hours by detectives Charles Rudolph and Christopher Bowdish. He denied involvement in the crime, permitted police to search his car and agreed to return the following day to take a polygraph examination at a City of Albany police station.
On October 8, 2004, defendant was administered his Miranda rights and then began a polygraph examination, which he terminated part way into the process. According to Bowdish and Rudolph, shortly thereafter he told them, “I did it.” While still at the Albany police station, Miranda rights were reread to defendant and he then gave a detailed written statement in which, among other things, he admitted punching Gray, kicking him in the face, striking him in the head and face with a wooden replica hatchet, and leaving a note written in Italian (which he had made using a translation Web site on a computer in a public library) in an effort to detract suspicion. Such a note had been
discovered at the premises. Defendant also drew a map of the crime scene. Defendant was placed in custody and taken back to the Bethlehem police station for booking, where he was again given Miranda warnings. When he expressed remorse about the incident, Bowdish suggested that he write a letter of apology and provided him with paper and a pen. Defendant then wrote a letter to Domery which mentioned his remorse while going on at some length about his feelings for Domery. Subsequently, on October 12, 2004, a correction officer at the county jail overheard defendant making an inculpatory statement to another inmate and the officer then engaged him in a conversation resulting in
further incriminating statements.
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INMATE INFORMATION
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Identifying and Location Information
As of 04/30/17
DIN (Department Identification Number) 05A4448
Inmate Name WESTERVELT, ERICK
Sex MALE
Date of Birth 12/07/1981
Race / Ethnicity WHITE
Custody Status IN CUSTODY
Housing / Releasing Facility EASTERN
Date Received (Original) 09/02/2005
Date Received (Current) 09/02/2005
Admission Type NEW COMMITMENT
County of Commitment ALBANY
Latest Release Date / Type (Released Inmates Only)
Crimes of Conviction
Crime MURDER 2ND
Class A1
Sentence Terms and Release Dates
Under certain circumstances, an inmate may be released prior to serving his or her minimum term and before the earliest release date shown for the inmate.
As of 04/30/17
Aggregate Minimum Sentence 0025 Years, 00 Months, 00 Days
Aggregate Maximum Sentence LIFE Years, 99 Months, 99 Days
Earliest Release Date 10/02/2029
Earliest Release Type PAROLE ELIGIBILITY DATE
Parole Hearing Date 06/2029
Parole Hearing Type INITIAL RELEASE APPEARANCE
Parole Eligibility Date 10/02/2029
Conditional Release Date NONE
Maximum Expiration Date LIFE
Maximum Expiration Date for Parole Supervision
Post Release Supervision Maximum Expiration Date
Parole Board Discharge Date
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