Noah Magee

ALBION – Noah Magee was sentenced to up to 15 years in state prison this morning, the maximum for second-degree manslaughter.

Magee, 20, offered a tearful apology for the death of Roger Kingdollar III,  who was 24 when he died after being hit by a pickup truck driven by Magee in Barre on Feb. 8, 2024. Kingdollar was riding a dirt bike when Magee crossed the opposite lane and hit Kingdollar on the north side of McNamar Road.

“I’m sorry from the bottom of my heart,” Magee said during sentencing today. “I would give my life to have Roger back.”

Magee said he and Kingdollar had their differences, but Magee said he didn’t mean for him to be killed.

“I’m really not a monster and the heartless person I’ve been made out to be,” Magee said. “I hope you won’t hate me and despise me forever.”

But Magee’s conduct caused the death of Kingdollar, and Magee has refused to take responsibility for his actions, said Joe Cardone, the recently retired Orleans County district attorney and acted as an assistant DA during sentencing today.

Magee has maintained the fatal collision with Kingdollar was an accident and random, the result of making too wide of a turn from Angevine to McNamar roads, Cardone said.

“There is no question what happened was deliberate on the defendant’s part,” Cardone said in court. “His actions have a lasting impact on everyone, most certainly the Kingdollar family.”

Kingdollar’s sister, Vanity Bennett, said her brother was a positive force for his friends and family, especially her three children.

“He will always be my baby brother,” she said during sentencing. “He was the light of the room.”

Her brother loved riding his dirt bike, and never missed a birthday party for Bennett’s three children.

She decried Magee for causing her brother’s death “in such a senseless and ruthless way.”

“He drove his truck as a weapon,” Bennett said. “We don’t ever want to see him on the streets. I hope he rots in prison.”

Magee’s attorney Paul Vacca insisted the collision was an accident. He said Magee has maintained his innocence throughout the case, since his arrest the night of Feb. 8, nearly a year ago.

Vacca asked for five years of probation for Magee, who has no prior criminal record. Vacca also noted Magee wasn’t found guilty of the more serious charge of second-degree murder.

Orleans County Court Judge Sanford Church said Magee is deserving of the stiffest sentence, 5 to 15 years in state prison.

“You certainly caused his death,” Church told Magee, who was wearing the orange clothing for inmates in the Orleans County Jail.

The judge said Magee hasn’t been truthful about why he veered across the road, and hasn’t taken responsibility for the crime.

Magee also was sentenced to 2 ½ to 7 years in state prison for leaving the scene of a fatal accident, 30 days in the county jail for reckless driving, and 15 days in jail for failure to keep right. Those sentences will be served concurrently or at the same time with the longer sentence for manslaughter.

When the judge announced the maximum sentence for Magee, up to 15 years in state prison, many of Kingdollar’s friends and family clapped and shouted in support.

ALBION – The sentencing for Noah Magee has been moved from Wednesday to Friday at 10:30 a.m.

Magee, 20, on Dec. 4 was convicted of second-degree manslaughter in the death of Roger Kingdollar III, age 24.

Magee faced a more serious charge of second-degree murder but was instead found guilty of second-degree manslaughter.

Orleans County Court Judge Sanford Church said on Dec. 4 the case didn’t meet the level of “depraved indifference to life” for second-degree murder but did for manslaughter, which is “recklessly causing another person’s death.”

Magee could have faced up to 25 years in prison if found guilty of second-degree murder. With the manslaughter charge, he faces 5 to 15 years in prison when he is sentenced. He has been held in the county jail without bail until sentencing.

Magee also was found guilty of leaving the scene of an accident, reckless driving and failure to keep right.

Magee was driving a 2006 Chevrolet Silverado truck when crossed over the center lane and went to the north side of McNamar Road on Feb. 8, 2024. Kingdollar was driving a dirt bike on the north side of the road.

The truck struck the dirt bike’s handle bars. Kingdollar suffered a fatal fracture in his neck.

ALBION – A woman who was incarcerated at the Albion Correctional Facility was sentenced to more time in state prison today for allegedly assaulting a corrections officer.

Caitlyn Jacobs, 34, was charged with second-degree assault, which was reduced to attempted assault in the second degree as part of a plea agreement.

She was sentenced this morning to another 1 ½ to 3 years in state prison by Orleans County Court Judge Sanford Church.

Jacobs has been moved to the Bedford Hills Correctional Facility where she is finishing a 5-year sentence for criminal possession of a controlled substance in the second degree, and criminal possession of a weapon in the second degree. She was convicted of those charges in Cayuga County in October 2022.

In another case today, Judge Church sentenced Erika Poole, 44, of Medina to time already served and a conditional discharge to stay away from controlled substances for a year.

Poole pleaded guilty to criminal possession of a controlled substance in the seventh degree.

Poole admitted to having cocaine on Nov. 10, 2022. She has a credit of 92 days in jail and won’t need to do additional time. She also was ordered to pay $250 in court charges.

Faces 5 to 15 years in prison when sentenced on Jan. 29

Noah Magee

ALBION – A judge found Noah Magee not guilty of second-degree murder but instead convicted him of second-degree manslaughter in the death of Roger Kingdollar III, age 24.

Orleans County Court Judge Sanford Church said the case didn’t meet the level of “depraved indifference to life” for second-degree murder but did for manslaughter, which is “recklessly causing another person’s death.”

Magee, 19, could have faced up to 25 years in prison if found guilty of second-degree murder.

With the manslaughter charge, he faces 5 to 15 years in prison when he is sentenced at 10:30 a.m. on Jan. 29. He is being held in the county jail without bail until sentencing.

Judge Church also found Magee guilty of leaving the scene of an accident, reckless driving and failure to keep right.

Magee waived his right to a jury trial with Judge Church making his ruling today after a bench trial concluded on Nov. 19.

Magee was driving a 2006 Chevrolet Silverado truck when crossed over the center lane and went to the north side of McNamar Road on Feb. 8. Kingdollar was driving a dirt bike on the north side of the road.

The truck struck the dirt bike’s handle bars. Kingdollar suffered a fatal fracture in his neck.

During the trial, District Attorney Joe Cardone noted the 9,200-pound truck far outweighed the 236-pound dirt bike.

Cardone said Magee’s actions showed a depraved a indifference to life. A reasonable driver would have slowed down after turning from Angevine Road to McNamar, Cardone said during his closing comments on Nov. 19. But Magee instead sped up until hitting his brakes just before the collision, the DA said.

Paul Vacca Jr., Magee’s defense lawyer, argued in his closing statements that the collision was an accident with no ill intent from Magee.

Cardone said a surveillance video from a neighbor showed Kingdollar riding just north of the road in the grass, doing nothing wrong. Two of his friends on four-wheelers were nearby.

The video shows Magee cross the center line, go past the opposite lane and shoulder of the road and then strike Kingdollar in the grass, Cardone said.

During court today at 1:30 p.m. about 50 people were sitting on the right side of the courtroom for the prosecution, many of them Kingdollar’s friends and family. Magee had about 10 supporters on the left side for the defense.

After Judge Church announced his verdict, Cardone asked that Magee be held without bail until sentencing. D’Amato asked that Magee remain free on bail, saying he has shown up early for all of his court appearances and continued to work full-time.

The judge said Magee will be held without bail. Magee was led out of the courtroom by security personnel, taking a route away from the people sitting in the courtroom.

Cardone spoke with Kingdollar’s supporters in the courtroom after the verdict was announced. He said he would advocate that Magee get the 15 years maximum for second-degree manslaughter.

“We’ll be pushing for the highest sentence we can get,” Cardone said.

Photo by Tom Rivers: Noah Magee walks out of the County Clerk’s Building, where there is an entrance to the County Courthouse, after the trial concluded today where he faces second-degree murder. Judge Sanford Church scheduled Dec. 4 for when he will announce his decision in the case, although he could issue a written decision sooner.

ALBION – Noah Magee’s attorneys say he shouldn’t face any charges for a Feb. 8 collision that resulted in the death of Roger Kingdollar III.

It was merely an accident and Magee, 19, shouldn’t be charged with second-degree murder, leaving the scene of an accident, reckless driving or failure to keep right, his attorney, Paul Vacca Jr. said in closing statements this morning in the Orleans County Court.

Kingdollar, 24, was driving a dirt bike on McNamar Road at about 4 p.m. He was on a lawn beyond the north side of the road. Two of his friends were on four-wheelers, and Vacca said they were weaving in the road. Magee had just turned from Angevine Road onto McNamar when he was confronted with Kingdollar on the north side and the four wheelers in the road, Vacca said.

Magee then tried to safely get off the road, and collided with Kingdollar, Vacca said.

He described Kingdollar as driving the dirt bike recklessly, doing wheelies and weaving.

“My client is the victim of circumstance here,” Vacca told Judge Sanford Church, who is presiding over the case and will decide Magee’s fate. “The dirt bike was the cause of the accident.”

Magee last week waived his right to trial by jury. In a bench trial, the judge decides if the defendant is guilty.

District Attorney Joe Cardone said it was “preposterous” to say Kingdollar was at fault in the accident. A surveillance video from a neighbor shows Kingdollar riding just north of the road in the grass. He wasn’t doing any wheelies.

The video shows Magee cross the center line, go past the opposite lane and shoulder of the road and then strike Kingdollar in the grass, Cardone said.

“He drove his vehicle in the path of this victim,” he said.

Magee was very familiar with the intersection and road, Cardone said. Magee traveled the road almost daily going from his sister’s in Batavia to his girlfriend’s.

He and Kingdollar also knew each other from years of “animosity,” Cardone said. Kingdollar previously tried to run Magee off the road, and Magee threw a rock at Kingdollar while he was driving a vehicle, Cardone said. Magee felt like Kingdollar had “constantly terrorized” him and his friends who also enjoyed dirt bikes and four-wheelers, Cardone said.

In text messages with a friend, Magee was urged to find Kingdollar and “beat his ass,” Cardone said in his closing statement. Magee allegedly told the friend in a text he was waiting for the right time.

Cardone said that moment came on Feb. 8, when Magee rounded the corner of Angevine and McNamar and saw Kingdollar without a helmet on the dirt bike.

Magee didn’t intend to kill Kingdollar. He just meant to intimidate him and brush him off, Cardone said.

Magee hit the gas pedal and drove towards Kingdollar, but then hit the brake just before the collision, Cardone said. The left side of Magee’s 2006 Chevrolet Silverado truck hit the left side of the dirt bike’s handlebars. Cardone noted the 9,200-pound truck far outweighed the 236-pound dirt bike.

The collision caused a fatal fracture in Kingdollar’s neck, Cardone said citing the testimony of the medical examiner who performed an autopsy. Kingdollar was knocked into a ditch by the road.

James Vacca, Paul Vacca’s brother and part of the defense, said Kingdollar may have suffered the fatal neck fracture when he was moved from the ditch using ropes without any neck support.

Vacca said Magee decelerated to 24 miles per hour and didn’t have any intoxicants in his system, while Kingdollar had three types of THC from using marijuana that day and from chronic use.

“That may have been a contributing factor,” James Vacca said.

Cardone refuted that contention, saying Kingdollar did nothing to cause the collision.

The lack of any intoxicants in Magee’s system also shows he was clear-minded in driving towards Kingdollar, Cardone said.

Vacca also described the collision as being similar to people walking in a busy mall and rounding a corner and bumping into each other.

“This is not an accident,” Cardone said about the collision. “This is not two people running into each other in the mall.”

While Magee didn’t intend to kill Kingdollar, Magee made intentional choices that led to Kingdollar’s death, Cardone said.

Magee would face a more serious charge if he intentionally tried to kill Kingdollar. But Cardone said the evidence shows Magee tried to scare Kingdollar, by grazing him instead of making a direct hit. And Magee certainly wouldn’t have tried to intentionally kill Kingdollar in front of his friends who were on four-wheelers, Cardone said.

With the second-degree murder charge, the defendant doesn’t need to have tried to kill the other person. Cardone said the defendant needs to show an extreme disregard for human life, and that is the situation with Magee who struck the dirt bike with a much heavier pickup truck.

“He thought he would just brush the victim and move on, but he totally miscalculated,” Cardone said. “He badly misjudged. Any reasonable driver who saw people coming in the opposite direction would have slowed down and not sped up.”

After the collision Magee drove off but came back to get a headlight in the road. One of Kingdollar’s friends allegedly threatened Magee’s life and Magee fled the scene out of concern for his safety, James Vacca said.

Cardone said Magee fled and attempted to hide the truck on a dirt lane off Chugg Road. He only returned to the scene after being persuaded by his sister.

The trial is the last one for Cardone in his 33 years as the county’s district attorney. He told the court today he has tried to be a voice for victims of crimes in the community.

“I ask the court to do justice for the Kingdollar family,” Cardone said.

Judge Sanford Church didn’t make a ruling today. He scheduled 1:30 p.m. on Dec. 4 to announce his decision in the case, although he said he may decide the outcome sooner.

Magee won’t testify in his own defense

ALBION – The trial against Noah Magee for second-degree murder goes to closing arguments on Tuesday morning.

Noah Magee

The prosecution rested its case this morning after three days of testimony and the defense isn’t calling any witnesses, including Magee, Paul Vacca Jr., Magee’s attorney, announced in court this morning.

The defense asked again that the case be dismissed, saying District Attorney Joe Cardone didn’t prove a collision on Feb. 8 in Barre rose to the level of second-degree murder.

Magee, 19, faces that charge for driving a pickup truck and allegedly intentionally striking Roger Kingdollar, who was riding a dirt bike along McNamar Road. Magee just turned onto McNamar from Angevine Road and then hit Kingdollar who was riding a dirt bike with some of his friends who were on four-wheelers.

Cardone said while Magee didn’t mean to kill Kingdollar, Magee’s “complete disregard to human life” rose to the level of second-degree murder.

“This was no accident,” Cardone said in court this morning. “It was a complete disregard to human life.”

Magee was driving a 2006 Chevrolet Silverado that struck Kingdollar who was driving a motor bike on Feb. 8. The truck outweighed the dirt bike, 9,200 pounds to 236.

Cardone presented evidence showing Magee crossed the center line at about 4 p.m. Cardone contends that Magee then purposely drove at Kingdollar, who was riding on the grass on the north side of the road.

Vacca said the incident was an “automobile accident” with no malicious intent from Magee.

Dr. Nadia Granger, medical examiner from Monroe County Office of Medical Examiner, performed the autopsy on Kingdollar. She said in court today he died from a fracture in the joint in the lower skull and upper neck. That fracture was caused by “blunt force trauma,” either from the collision with the truck or when Kingdollar was knocked into a ditch by the road, she said. He also had bruises and scrapes on his face and forehead, torso, right pinky finger and lower legs.

Kingdollar wasn’t wearing a helmet, but Dr. Granger said a helmet likely wouldn’t have prevented his death.

Kingdollar also was raised from the ditch with ropes under his arms by friends and a responding state trooper. Dr. Granger said that effort wouldn’t have contributed to the fatal injuries he sustained.

ALBION – District Attorney Joe Cardone and the defense attorney for Noah Magee made their opening statements in the trial against Magee where he faces second-degree murder for the death of Roger Kingdollar III.

Roger Kingdollar III

Magee was driving a 2006 Chevrolet Silverado that struck Kingdollar who was driving a motor bike on Feb. 8.

Cardone said Magee, 19, crossed the center line and purposely drove at Kingdollar, who was riding on the grass by the road.

“He showed a tremendous indifference to the life of Mr. Kingdollar,” Cardone said in his opening statement just after 10 a.m.

Magee was in a 9,200-pound pickup truck while Kingdollar was on a 236-pound dirt bike, Cardone said. Three of Kingdollar’s friends were near him on four-wheelers.

The collision happened at about 4 p.m. on McNamar Road in Barre. Magee had just turned off Angevine Road.

Magee’s attorneys, Paul Vacca Jr. and his brother James Vacca, say the collision was an accident.

James Vacca said Magee had just turned off Angevine Road and there was no proof he knew Kingdollar was on the dirt bike.

Vacca said Cardone “over-charged” in the case, seeking second-degree murder when Vacca said the case better warrants reckless driving or criminally negligent homicide.

Cardone said Magee was driving at a high rate of speed and crossed the center line in targeting Kingdollar. A home surveillance camera clearly shows the incident and Magee going into the wrong lane of traffic and into the grass, Cardone said.

“This is murder in the second degree based on his reckless conduct and depraved indifference to life,” Cardone said in his statement.

Magee also faces charges of reckless driving, leaving the scene of an accident and failure to keep right.

Magee left the scene after one of Kingdollar’s friends threatened to kill him, James Vacca said. But Magee did return and spoke to State Police.

Paul Vacca Jr. said there is “a lot of emotion in the case.” But he said there is “a dearth of evidence to show he acted with depraved indifference and murder.”

The first witness to testify was Quenna Bennett, Kingdollar’s mother. She confirmed he was born Jan. 24, 2000 and was 24 at the time of his death. His full name is Roger Kingdollar III.

State trooper Kevin Bentley then testified. He was the first law enforcement officer on the scene.

He said Kingdollar was in a ditch and wasn’t breathing.

Bentley and Kingdollar’s friends attempted CPR before Barre firefighters arrived and took over.

Bentley said he taped off the scene, and called a State Police investigator. Several photos of the scene and Kingdollar were entered into evidence.

Magee waived his right to a jury trial on Wednesday. Orleans County Court Judge Sanford Church is presiding over the bench trial.

ALBION – Noah Magee, who is on trial for second-degree murder, decided to waive his right to a trial by a jury of his peers today.

Noah Magee

Joyce McNutt, the commissioner of jurors, had processed 132 jurors when Magee’s attorney, Paul Vacca Jr., announced Magee is waiving his right to a jury trial. The prospective jurors then streamed out of the courthouse about 10:30 a.m.

The trial will continue at 10 a.m. on Thursday with Orleans County Court Judge Sanford Church acting as both “the finder of fact and trier the law.”

In a jury trial, the jury is the finder of fact, responsible for deciding what happened in the case. The judge applies the relevant rules of law to the jury’s findings to reach a decision.

The prospective jurors filled out 15-question forms on their marital status, education level, occupation, employer, spouse’s occupation, number and ages of children, children’s occupations, hobbies and special interests, and what clubs or associations they are involved in. The questionnaire is designed to assist the defense counsel and court in selecting fair and impartial jurors.

Magee, 19, faces a second-degree murder charge for driving a pickup truck and allegedly intentionally striking Roger Kingdollar, who was riding a dirt bike.

Kingdollar, 24, was killed in the collision on Feb. 8 in Barre. Police say Magee of Brockport drove a pickup truck the wrong way on McNamar Road when he hit Kingdollar on a dirt bike.

Magee also faces charges of leaving the scene of fatal motor vehicle accident, reckless driving and failure to keep right.

District Attorney Joe Cardone said he expects the trial will take about a week.

ALBION – Jury selection has started this morning in the trial against Noah Magee, who is accused of driving a pickup truck and intentionally striking Roger Kingdollar, who was riding a dirt bike.

Kingdollar was killed in the collision on Feb. 8 in Barre. Police say Magee, 19 at the time, of Brockport drove a pickup truck the wrong way on McNamar Road when he hit Kingdollar on a dirt bike.

Magee is on trial for second-degree murder, an “A” felony with a maximum sentence of 25 years to life.

He 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.

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

Magee is represented by attorney Paul Vacca Jr., who said the collision was “an automobile accident and not a murder.”

Press Release, U.S. Attorney Trini E. Ross, Western District of New York

BUFFALO – U.S. Attorney Trini E. Ross announced today that Peter Celentano of Bergen was arrested and charged by criminal complaint with illegal possession of machine guns, which carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Jeffrey E. Intravatola, who is handling the case, stated that according to the complaint, on September 29, the New York State Police, Genesee County Sheriff’s Office, and ATF, executed a search warrant at Celentano’s Rochester Street residence.

During the search, investigators recovered two 3D printed pistol frames, firearm parts and accessories, ammunition reloading equipment, an AR 80% style Jig and drill, a drill press, and various other tools related to the manufacturing of firearms.

In addition, investigators also searched two properties associated with Celentano in Lyndonville and an apartment on East Avenue in Medina, recovering numerous AR-style lower receivers, 3D printed handguns, and additional firearm parts and accessories. Approximately 59 of the AR-style receivers contained a “third pin hole,” qualifying them as machine guns.

On October 9, a dive team searched the Erie Canal beneath the Beals Road bridge in Medina. A cardboard box was located and retrieved from the bottom of the canal. Inside were 10 AR-style receivers, an unmarked handgun, magazines, and additional firearm parts.

The complaint is the result of an investigation by the New York State Police, under the direction of Major Stanley Edwards, the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron, Jr., and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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.

ALBION – A Carlton man was sentenced this morning to a year of weekends in the county jail plus five years of probation.

Benjamin T. Hayes, 26, was sentenced for two counts of criminal possession of a weapon in the third degree.

He was charged by state police on Nov. 2, 2023 with numerous felony firearms charges. Hayes at the time was working in the county’s IT Department.

He was found to be in possession of numerous illegal weapons including a privately manufactured ghost gun, 3-D printed pistol receivers, pistols, unregistered SAFE Act rifles, high-capacity magazines, body armor, ammunition and electronics involved in private manufacturing of gun parts.

He was sentenced this morning by County Court Judge Sanford Church.

In other cases in court today:

• Edward Dunn, 38, of Middleport was sentenced to 2 ½ to 5 years in state prison for third-degree burglary.

Dunn, who was convicted of a previous felony of second degree assault, acknowledged in court he went to a laundromat in Lyndonville on March 13, and entered a room that is off limits to the public. Dunn said he broke into the room with the change machine to get that money, knowing it wasn’t open to the public.

As part of the sentencing today, he has to pay $980 in restitution.

Dunn  apologized for his actions and said he takes full responsibility.

Joanne Best, the public defender, said Dunn has struggled with substance abuse and would benefit from treatment.

• Anthony A. Maisano, 36, of Lockport pleaded guilty to felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree.

Maisano admitted to drinking alcohol on Nov. 2, 2023, when he was stopped in Orleans County and registered a 0.21 BAC.

He faces 1 to 3 years in state prison when he is sentenced on Jan. 8.

• Joshua Ausman, 39, of Clarendon was arraigned for third-degree grand larceny for allegedly taking $4,976 without permission from another person from April 1 to May 17.

ALBION – Orleans County Court Judge Sanford Church ruled last week that statements made by Noah Magee to State Police are admissible as his case heads to trial.

Magee has been charged with second-degree murder in a fatal Barre crash on Feb. 8.

Police say Magee, 19, of Brockport was driving a pickup truck the wrong way on McNamar Road on Feb. 8 when he hit Roger Kingdollar who was riding a dirt bike. Kingdollar, 24, died from the collision.

Magee’s lawyer Paul Vacca Jr. asked that the statements from Magee, made over a five-hour time line, not be admissible.

Church said the statements to Investigator Steven Papponetti were made voluntarily and after Magee was given a Miranda warning that he had the right to remain silent, that any statement he makes may be used as evidence against him, and that he has a right to the presence of an attorney.

Papponetti, during a Huntley hearing last week, said Magee was cooperative at the scene, during a ride to Medina Memorial Hospital for a blood drive, and then at the interview room at the State Police barracks in Albion. (The blood draw showed no signs of alcohol or impairment from drugs, Papponetti said.)

Papponetti said Magee said told the investigator he made a wide turn from Angevine to McNamar Road at about 4:05 p.m. Magee said he tried to overcorrect and the vehicle swerved towards Kingdollar, which the handlebar catching the front fender on the driver’s side of a 2006 Chevrolet Silverado.

Magee said he left the scene because he was scared someone told him they were going to kill him, Papponetti said in testimony. Kingdollar was operating a dirt bike while on a ride with two friends on four-wheelers.

Magee’s sister brought Magee back to the scene. Papponetti took him by state police vehicle to Medina Memorial and the State Police barracks. While in the police vhicle, Papponetti said he and Magee discussed “normal life stuff,” including some of Magee’s hobbies and what he likes to do in his free time.

Magee wasn’t under arrest when he went to the State Police barracks. Vacca asked Papponetti when the determination was made to charge him with a crime.

“Wouldn’t you say this was an automobile accident and not a murder?” Vacca asked Papponetti during the hearing. “I’m still puzzled how you could charge him with this horrendous crime.”

District Attorney Joe Cardone said a video from a neighboring house was a factor in the charges, which initially were reckless endangerment 1st degree (D felony), leaving the scene of a fatal motor vehicle accident (D felony) and other vehicle and traffic infractions.

The charge was elevated on June 12 to second-degree murder when Magee was arraigned in County Court.

Magee also gave police consent to search his cell phone on Feb. 8, and then recanted that permission. Papponetti said the phone was never searched by police. Papponetti said police wanted to check it to see if it would indicate why he left the scene or if he was on his phone during the collision.

A trial in the case is scheduled to start on Nov. 13 with juror selection to start that morning.

ALBION – Two people were sentenced to state prison today by Orleans County Court Judge Sanford Church.

Gerald Bradley, 40, was an inmate in the Orleans Correctional Facility when he had fentanyl in the prison. He has since been transferred to Upstate Correctional Facility in Malone.

He was sentenced to an additional 2 ½ years in state prison. His attorney, James Egan, said Bradley is a good guy but struggles with a substance abuse problem.

Brandon Eldridge, 36, of Albion was sentenced to 1 to 3 years in state prison for criminal contempt in the first degree for violating an order of protection. He allegedly got in an argument with a woman and shoved her. He wasn’t supposed to have any contact with her. The judge issued a new order of protection for the woman for the next eight years.

Also in the court today, two people pleaded guilty and will likely face incarceration when they are sentenced.

Sterling Carter of Monroe County pleaded guilty to attempted prison contraband for trying to bring ceramic razor blades into the Orleans Correctional Facility on June 12, 2023.

Carter is a second-felony offender and will face a maximum of 1 ½ to 3 years in prison when he is sentenced on Jan. 8.

Jennifer Sportsman, 49, of Clarendon admitted to probation violations and could face up to eight months in the county jail when she is sentenced on Nov. 13. She has been on probation for criminal possession of stolen property. She admitted to having 2 ounces marijuana and bringing it to a state prison in Franklin County, where she is facing charges of promoting prison contraband.