ALBION – Orleans County Court Judge Sanford Church this morning arraigned an Albion man on multiple charges, including first-degree rape.

Allan Bieber, 22, allegedly raped a 15-year-old girl at St. Joseph’s Park on South Clinton Street on April 25. It was dark at the park at about 9 p.m. when the alleged rape occurred.

Bieber also has been charged with third-degree rape, first-degree sexual abuse, sexual misconduct and endangering the welfare of a child.

Judge Church set bail at $5,000 cash, $15,000 bond or $30,000 partial secured bond.

Bieber is to next appear in County Court on Aug. 13.

Press Release, U.S. Attorney Michael DiGiacomo, Western District of New York

BUFFALO – U.S. Attorney Michael DiGiacomo announced today that Kyle Stack, 39, of Medina pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of child pornography involving prepubescent minors, which carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that in July 2020, Stack possessed a cellular phone, which contained more than 4,000 images and videos of child pornography. The child pornography included prepubescent minors less than 12-years-old and images of minors engaged in sexually explicit conduct. In addition, Stack possessed a laptop, which contained more than 9,000 images and videos of child pornography.

The plea is the result of an investigation by the New York State Police, under the direction of Major Amie Feroleto, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Mark Grimm.

Sentencing is scheduled for Nov. 7 before Judge Sinatra.

Press Release, U.S. Attorney Michael DiGiacomo, Western District of New York

BUFFALO – U.S. Attorney Michael DiGiacomo announced today that Peter Celentano, 36, of Bergen pleaded guilty before U.S. District Judge Lawrence J. Vilardo to 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 on September 29, 2024, the New York State Police, Genesee County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, executed a search warrant at Celentano’s residence in Bergen.

During the search, law enforcement recovered numerous items, including 3D printed pistol frames, firearm parts and accessories, ammunition reloading equipment, tools for constructing privately made firearms, a drill press, and two 3D printed machinegun conversion devices.

Law enforcement also conducted additional searches at properties in Lyndonville and Medina, during which they seized numerous AR-style lower receivers, 3D printed handguns, and additional firearm parts and accessories. In total, law enforcement seized over 200 firearms tied to Celentano.

During the investigation, law enforcement learned that Celentano provided another individual with nine lower receivers, two of which contained the “third pin hole,” qualifying them as machine guns.

An individual known by defendant had subsequently discarded these firearms off the Beals Road Bridge into the Erie Canal. A New York State Police dive team searched the Erie Canal beneath the bridge in Medina and recovered a cardboard box containing 10 AR-style receivers, an unmarked handgun, ammunition magazines, and additional firearm parts.

The plea is the result of an investigation by the New York State Police, under the direction of Major Kevin Sucher, the Genesee County Sheriff’s Office, under the direction of Sheriff Joseph M. Graff, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division.

Sentencing is scheduled for Oct. 6 before Judge Vilardo.

Governor willing to delay state budget until changes with discovery requirements

Photo by Mike Groll/Office of Governor – Governor Kathy Hochul on March 24 convenes a domestic violence prevention roundtable with survivors, advocates and law enforcement. She said “technicalities” are causing too many cases to be dismissed due to the discovery laws where the prosecution has strict timelines to turn over evidence.

Gov. Kathy Hochul said too many cases in the court system are being dismissed due to “technicalities” on how quickly the prosecution has to turn over evidence to the defense.

She is demanding changes in the discovery laws that set strict timelines for handing over evidence to the defense. She is joined by the district attorneys around the state in seeking changes to the discovery laws.

Hochul is so adamant she is willing to hold off on approving the state budget.

“I’m really proud to be fighting on their behalf, and people all over this state who are denied the justice because of some technicality in the discovery laws that are written out,” Hochul said on Thursday in Albany after meeting with domestic violence survivors. “And they put their heart and soul into trying to get justice and it’s thrown out because something minor, irrelevant, is missing — I’m going to keep fighting until we fix this. I’m going to keep fighting to put this in the budget.”

 The Orleans County Legislature on March 24 also passed a resolution seeking changes in the discovery laws.

The Legislature said early and thorough discovery of evidence is not only fair to defendants, “but also facilitates meaningful plea discussions and efficient resolution of cases.”

However, the state’s reformed discovery laws in 2019 have put an “unreasonable drain on resources and forces DA offices to make difficult decisions on which cases they can prosecute,” county legislators said.

The new laws force prosecutors to collect all material that “relates to” a case within short timeframes, and then to certify the entirety of evidence by filing a Certificate of Compliance.

“The breadth and scope of discoverable material under New York’s new discovery statute is unparalleled nationwide, and includes any material that merely ‘relates to’ an incident regardless of its utility, relevance, or admissibility,” according to the Legislature’s resolution.

New York is the only state that allows cases to be dismissed due to minor discovery violations. Since the new discovery laws were enacted, speedy trial dismissals in the state are up from 12,398 cases in 2019 to 42,212 cases in 2023, according to the Office of Court Administration.

The District Attorneys Association of the State of New York wants the discovery laws amended.

Orleans County District Attorney Susan Howard is among the district attorneys seeking discovery law changes. Before 2020, it was a much simpler process of handing over the paper police reports to defendants, she said.

Now, there is a digital management system where a the initial discovery obligations must be submitted within 20 calendar days after arraignment if the defendant is in custody, and 35 calendar days if the defendant is not in custody.

“That’s not a lot of time,” Howard said. “Small departments don’t have the staff to download and get in the files. The discovery laws have made it very difficult for us.”

Hochul is seeking to not have cases be automatically dismissed if the all the evidence isn’t turned over in the time frames. The governor also wants to narrow the required materials to be those “relevant” to a case and not “related” – which would lower the workload on law enforcement agencies and the District Attorney offices.

Orleans DA, Justice for Children Advocacy Center coordinate the training

Provided photo: Pictured from left include Kathy Colgan, expert forensic interviewer; Susan Howard, Orleans County district attorney; Matt Stegner, retired State Police investigator; and Trisha Reynolds, program coordinator for Justice for Children Advocacy Center.

Press Release, Orleans County Crime Victim Coordinator Michelle Wirth

ALBION – Members of every law enforcement agency in Orleans County gathered today at the Orleans County Legislative Chambers to hear expert speakers share ideas and information as to advanced techniques in the investigation of child and adult sexual abuse cases.

The Justice for Children Advocacy Center, based in Genesee County with a satellite office in Albion, organized the event along with the District Attorney’s Office.

Expert Forensic Interviewer, Kathy Colgan, advised attendees in the best practices of handling these special victims with empathy, and outlined the services provided by the Advocacy Center.

Retired New York State Police Investigator Matt Stegner educated officers by offering a 10-step investigative checklist to guide these types of cases to a successful prosecution.

Orleans County has a very active Sex Abuse Task Force that meets monthly and consists of the District Attorney’s Office, the Child Advocacy Center, Child Protective Services, Probation, the Orleans County Sheriff’s Department, the New York State Police, the Albion Police Department, the Holley Police Department and the Medina Police Department.

These Special Victims’ cases are of utmost importance and the collaboration of all of the above agencies is essential.

This training was well-received by all and future educational opportunities are being planned.

Press Release, U.S. Attorney Michael DiGiacomo, Western District of NY

ROCHESTER – U.S. Attorney Michael DiGiacomo announced today that Tonya D’Agostino, 53, of Farmington, who pleaded guilty to HIPAA: unlawfully obtaining/disclosing individually identifying health information, was sentenced to serve one year probation by Chief U.S. District Judge Elizabeth A. Wolford. D’Agostino was also ordered to pay $13,410.42 in restitution.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that on March 23, 2023, D’Agostino mailed a USPS Priority Mail parcel to an individual in Medina, NY, which contained individually identifiable health information of four individuals.

D’Agostino did not have authorization to obtain or disclose the individually identifiable health information. She did this in an attempt to obtain $216,000 from the individual who received the parcel.

The sentencing is the result of an investigation by Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and Health and Human Services, Office of Inspector General, under the direction of Special Agent-in-Charge Naomi Gruchacz.

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.