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Bail revoked after man sends more than 100 texts to woman, violating order of protection

By Tom Rivers, Editor Posted 6 November 2017 at 6:53 pm

ALBION – A Kendall man facing charges of driving while intoxicated and criminal possession of a weapon had his bail revoked today in Orleans County Court.

Chad Oehlbeck, 30, has been free on $15,000 bail since his arrest. He was allegedly driving drunk with a gun in his vehicle, District Attorney Joe Cardone said in court this afternoon.

Sara Sheldon, acting County Court judge, issued an order of protection for the woman when Oehlbeck was arraigned on Aug. 28. Oehlbeck was to have no communication with the woman.

However, he has allegedly sent more than 100 text messages, more than 30 Facebook messages and left 29 voicemails, Sheldon said in court today.

He has since been charged with criminal contempt for violating a court order.

Sheldon revoked Oehlbeck’s bail today and had him sent to jail.

“I’m sorry Chad,” the judge told Oehlbeck. “You don’t disobey court orders. That is not tolerated.”

In other cases in County Court today:

• A Medina man admitted to having cocaine with the intention of selling it on May 18.

Russell E. Sargent, 51, of West Avenue pleaded guilty to attempted criminal possession of a controlled substance in the third degree. That charge normally carries a sentence of 1 to 5 ½ years in state prison. As part of a plea deal today, Sargent will face up to 4 years in state prison, plus a maximum of 1 to 2 years of post-release supervision. He will be sentenced on Jan. 22.

• A 17-year-old boy who was living in Medina has now spent five months in the county jail for disseminating indecent material to minors. The boy allegedly sent “extremely graphic images to an underage female,” Cardone said.

The boy, who could be a youthful offender and shouldn’t have his name published, was 16 when he allegedly sent the images, his attorney Michael O’Keefe said.

O’Keefe said the boy should be released soon because he has already spent five months in jail. If he was released, he wouldn’t have a place to go because his mother abandoned him and his father is serving a 50-year prison sentence.

O’Keefe said he has been trying to find a place for the boy but there are very limited resources locally.

The boy doesn’t have a prior criminal history. His attorney said it’s unfair the boy has to stay in jail so long and miss out on school.

Cardone offered a plea deal for the boy to face 6 months in jail and five years probation, plus he would have youthful offender status, sealing his record and keeping him off the sex offender registry.

O’Keefe said the six months is already nearly up. He thinks insisting on 5 years of probation after 6 months of jail is too harsh and perhaps an illegal sentence for the charge.

Judge Sheldon said the 5 years of probation could provide needed guidance for the boy.

She isn’t willing to let the boy from jail until she knows he has a safe housing situation, even if that means he stays in jail for more than 6 months.

“I’m not going to just release him to the streets,” she said.

The boy will be back in court on Nov. 13 to make a decision whether to accept the plea deal. The judge also wants to see if there is progress in finding a place for the boy to stay once he is out of jail.

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