Charges elevated to 2nd-degree murder in fatal Barre crash in February

Noah Magee was driving the wrong way on McNamar Road when he fatally hit Roger Kingdollar

Photo by Tom Rivers: Emergency responders and law enforcement are shown at the scene of a fatal collision on McNamar Road in Barre near Angevine Road on Feb. 8.

ALBION – A Brockport man, formerly from Albion, was arraigned in Orleans County Court this morning on second-degree murder.

Noah Magee, 19, was driving a pickup truck the wrong way on McNamar Road on Feb. 8 when he hit Roger Kingdollar who was driving a dirtbike. Kingdollar, 24, died from the collision.

Magee was initially charged with reckless endangerment 1st degree (D felony), leaving the scene of a fatal motor vehicle accident (D felony) and other vehicle and traffic infractions.

After more investigation in the incident, the charges were upgraded to second-degree murder, an “A” felony with a maximum sentence of 25 years to life.

District Attorney Joe Cardone said Magee showed reckless conduct and a depraved indifference to life.

The DA asked that bail be increased from the $2,500 which was set at the lower town court level and be increased to $250,000 in cash. Cardone also asked for five orders of protection for family and witnesses who he said are being harassed by Magee, who allegedly frequently drives by their homes, sometimes slowing down and stopping in front of the houses.

County Court Judge Sanford Church declined to increase the bail, keeping it at $2,500, which drew loud outbursts in the courtroom from Kingdollar’s friends and family. Some of them yelled “f—ing murderer” and “bulls—” when Church said the bail would remain at $2,500.

When the expletives continued, Church had security escort about 20 people out of the courtroom.

The judge kept the bail at $2,500 because he said Magee has made all of his court appearances. Magee’s lawyer, Paul Vacco Jr., also said Magee is hard-working and has no prior arrests. Vacco said Magee wouldn’t be able to come up with $250,000.

Judge Church issued five temporary orders of protection and told Magee not to drive by the homes or linger near them. The judge issued those orders of protection despite Vacco saying there is “no reasonable basis” for issuing them.

“He is not the type of individual they allege,” Vacco said about Magee.

State Police charged Magee on Feb. 8, saying a 2006 Chevrolet Silverado driven by Magee was eastbound on the north shoulder, which is the wrong way of travel.

After the collision, Magee continued eastbound on McNamar Road, leaving the scene, State Police said.

Kingdollar was driving a Honda CRF450R Dirt Bike. He was pronounced deceased at the scene.

There were two uninvolved four-wheelers traveling with Kingdollar, State Police said.

Cardone said in court there remains animosity from Magee towards the victim’s family.

“This is an extremely volatile situation,” Cardone told the judge in court.

Magee is due back in court on July 3 for a conference, with motions to be filed by July 29  and motions to argued on Aug. 7 or for Magee to take a plea that day.

If the case goes to trial, Church tentatively set Nov. 13 for it to start.

The judge asked Cardone, who is retiring on Dec. 31 after 33 years as DA, if he wanted the trial to start before or after he retires. Cardone said he wanted it to happen before he leaves office.

“I’m most familiar with the case and I want to see it through,” Cardone said after the court appearance by Magee.