FROM: HOLLEY CARNRIGHT
DATE: DECEMBER 11, 2017
RE: PRESS RELEASE ANDREW WELLINGTON TRIAL
A jury of seven men and five women returned a verdict of not guilty on Friday afternoon for Andrew Wellington, age 24, on an indictment charging him with Assault in the second degree. Wellington was charged on February 24, 2017 after his 3 year old daughter was taken to the hospital and had a BB pellet removed from her lip. Hospital personnel observed that she had four other wounds consistent with being shot by a BB or pellet gun. The other wounds were on her temple, neck, hand and torso.
Upon questioning by the hospital personnel, Wellington replied that his 3 year old daughter shot herself with a BB pistol while she was upstairs alone in her room. The ensuing police investigation revealed that no one other than the defendant was with the child at the time she received her injuries. A BB pistol was recovered at the scene which was identified by Wellington as the gun. It was later tested by police personnel and found to be in normal operating condition.
At the trial the victim, now age 4, was allowed to testify although, given her age, her testimony was unsworn. She explained that her father had shot her. Wellington did not testify.
The case was prosecuted by Katherine R. Van Loan, Bureau Chief of the Special Victim’s Bureau of The Ulster County District Attorney’s Office. The defendant was represented by Carol Morgan of the law offices of Mitchell H. Spinac.
Wellington, who has both prior misdemeanor and felony convictions, is in jail pending hearings on his violation of probation proceedings.