Gouverneur man wrongfully charged with murder released from probation; attorneys planning dismissal

Mr. Wing was charged with killing Mr. Durham on Feb. 11, not long after he was found dead in East Riverside Cemetery in Gouverneur, across the street from Mr. Wing’s home.

He was remanded to the St. Lawrence County Correctional Facility without bail, where he remained for more than two weeks before investigators determined he is innocent.

During Thursday afternoon’s court appearance, District Attorney Gary M. Pasqua said he has “no objection to the release request” from Mr. Wing’s attorney, Edward F. Narrow, Canton.

Mr. Pasqua told the judge Mr. Wing was put under probationary supervision following his March 3 release from jail “really because it was done in a very hasty manner late on a Friday night.

Following his court appearance, Mr. Wing said he felt “very good” to be released from probation.

He had six relatives who came to the appearance to support him. His aunt, Roni S. Fuller, said “we’re just happy to have him home.”

Mr. Wing’s cousin Jessica M. Bice said, “we are excited to be one step closer to where we need to be.”

While Mr. Wing was incarcerated, a second man was murdered on March 2. St. Lawrence County sheriff’s deputies responded to 259 County Route 10 in Rossie where they found William M. Freeman, 67, in his home dead of multiple stab wounds. Mr. Durham had been found dead of a stab wound to the neck on Feb. 11. Mr. Wing was interrogated by state police investigators, charged with Mr. Durham’s murder and sent to the county jail without bail.

Investigators have since charged Adam W. Smith, 46, of Lake Placid, with both murders.

“Given … another individual has been arrested for the crime Mr. Wing is charged with … there’s no reason for him to report to the probation department,” Mr. Pasqua said in court Thursday. He added that he’s working with Mr. Narrow “toward a resolution … in the coming days or weeks.”

Mr. Narrow said “the case is kind of in limbo,” however, he anticipates Mr. Wing’s murder charge being dismissed “rather quickly.”

He said there are three options for getting the charge dropped. One would be for Mr. Pasqua to ask Judge Storie to return the case to local court, and there ask the sitting town justice to modify the charge to a misdemeanor and “dismiss in the interest of justice in local court.”

The second option is to send the case to a grand jury who would return a “no bill” which would lead to dismissal of the charge.

Option three is asking Judge Storie to sit as a local justice, allowing him jurisdiction to dismiss the charge in county court.

Mr. Narrow said he understands the district attorney’s office can’t move as fast as the defense would like.

“Gary’s busy with the active homicide investigation,” Mr. Narrow said. “Freddy’s important to everybody.”

“We’ve discussed how we’re going to proceed with the charge against Mr. Wing. That will be accomplished in time, but won’t be (Thursday),” Mr. Pasqua said on Wednesday.

Officials haven’t gone into details about the evidence that led police to believe Mr. Wing killed Mr. Durham. State police underwater recovery investigators were searching the Oswegatchie River in Gouverneur for evidence in February. Police declined to say whether they found anything.

“At the time that law enforcement began investigating that crime, we were provided information from Mr. Wing indicating he had intimate knowledge of what happened. They did not arrest Mr. Wing on some whim,” and based on the available evidence, “they had probable cause to believe Mr. Wing committed that crime,” Mr. Pasqua said March 7.

Mr. Narrow has declined to comment on the evidence that led police to develop that probable cause “only because it’s an ongoing homicide investigation and my client has information that’s helpful,” and he could end up being a witness.

“Hopefully we can close this chapter on him being a defendant and focus on him helping the state with the homicide (case) of Mr. Durham,” Mr. Narrow said.

Mr. Pasqua on March 7 added that Mr. Wing has “been truthful with law enforcement at this point.”

Following a March 6 court appearance where Mr. Wing was officially placed under probationary supervision, he said little after having been advised by Mr. Narrow to not make comments to the press. He did, however, thank the St. Lawrence County jail corrections officers with treating him well during his 19 days incarcerated there.

“I want to say thank you to the correctional facility over in Canton … they were very kind to me,” Mr. Wing said right after the hearing.

Mr. Wing has intellectual disabilities that made it difficult for him to understand what was happening after he’d been interviewed by state police on Feb. 11, according to his cousin, Mrs. Bice.

She has said she doesn’t believe Mr. Wing was able to understand the situation in which he found himself after being arrested. She visited her cousin in jail the Sunday after he was arrested and asked him if he understood that he was being charged with a felony and what his Miranda rights are.

“When I asked him about what Miranda rights were, he thought it had something to do with drinking. He thought he was in trouble for something with drinking,” she said following the March 6 court appearance.

She says he also didn’t know what a felony means.

“He thought it was something he had to pay for. He said he didn’t have any money for it,” because Mr. Wing’s only income is from Supplemental Security Income (SSI), Mrs. Bice said.

Following Mr. Wing’s release, Mrs. Bice said he is happy to be home on a comfortable bed and spending time with his family and friends.

“He was happy to look at tractors all weekend on the computer, and be in a comfy bed,” she said March 6.

Mr. Wing’s family has believed in his innocence from the beginning. They said he and Mr. Durham were close friends, having almost a father-and-son relationship.

“He wants to grieve his good friend … and see the Durham family to properly say he’s sorry for their loss and hug them,” Mrs. Bice said.

“(Mr. Durham’s relatives) wanted to reach out and speak with Freddy after Huck’s death. He wasn’t able to, because one, he was incarcerated, and two there was an order of protection in place,” Mr. Narrow said. “Huck and Freddy were good friends. Now Freddy can mourn with Huck’s family.” Mrs. Bice credits a community effort for getting her cousin exonerated and represented by Mr. Narrow.

Announcing Smith’s arrest on March 7, Sheriff Brooks J. Bigwarfe told members of the press that there is “some association” between Mr. Durham, Mr. Freeman and Smith. He declined to comment further.

At the time Smith is accused of killing Mr. Durham and Mr. Freeman, he was on probationary supervision following an attempted burglary conviction. State police on Wednesday released additional details on that case.

Troopers say that on Nov. 16, 2021, around 7:03 p.m., they responded to Lake Road in the town of Fine for a possible burglary complaint, which led to the arrest of Smith, who was living in Star Lake at the time. Police say a garage had been broken into, and Smith stole “miscellaneous equipment and tools.” Smith was arrested and charged with third-degree burglary, a felony, on Jan. 5, 2022, arraigned in Clifton Town Court and released pending further court action.

Troopers say Smith pleaded guilty to the burglary on May 26, 2022, and accepted a reduced charge of attempted third-degree burglary, which is also a felony. On July 18, 2022, Smith was sentenced to three years of probationary supervision and ordered to pay $2,000 in fines. No appeal was filed and prosecutors consider the case closed, troopers added.

Smith has been incarcerated at the county jail in Canton since March 2. That’s when he was arrested driving Mr. Freeman’s stolen 2018 Chevrolet Silverado pickup truck. He was apprehended near the Bradley Street exit on Interstate 81 heading north near Watertown. Police charged him with felony fourth-degree criminal possession of stolen property and booked him into jail.