Magee attorney says video ‘blurry’ of fatal collision in Barre

ALBION – A video from a neighbor’s home shows a fatal collision in Barre last Feb. 8, where Noah Magee was driving a pickup truck and struck Roger Kingdollar who was riding a dirt bike.

Magee has been charged with second-degree murder for the collision. District Attorney Joe Cardone said the video “is very clear he was driving off the road on a dirt path. The video speaks for itself on the victim’s conduct.”

Cardone made the comments last week in Orleans County Court. Magee’s attorney, Paul Vacca Jr., instead said the video is “blurry” and not so clear.

There will be a hearing at 1:30 p.m. Thursday with the video shown in Orleans County Court to determine how clear it is and if it can be presented to a jury in a trial set to begin Nov. 13.

Vacca also asked that Kingdollar’s medical records be provided to Vacca for review. He wants to see if Kingdollar had a prescription for a medication that was in a toxicology report.

Cardone said that is unnecessary because the video from the collision shows Magee on the wrong side of the road, with Kingdollar doing nothing wrong with his ability to operate the dirt bike not impeded.

“No expert would testify that that would contribute to the death of Mr. Kingdollar,” Cardone responded after Vacca’s claims about the medication. “It had no involvement in this incident.”

Judge Sanford Church during the hearing on Oct. 17 will hear from both sides what can be admitted as evidence for the trial.

• In another case in the County Court last week, Joshua Smith of Byron was sentenced to weekends in the county jail for a year and five years of probation.

Smith pleaded guilty to third-degree burglary and second-degree menacing. Smith entered a Clarendon gas station and convenience store on April 30 even though he was told repeatedly to stay out of the building by the owner.

Smith entered with a crowbar and threatened to harm the owner of the business.