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.

MEDINA – A Medina man pleaded guilty in Orleans County Court today to criminally negligent homicide, admitting to driving at a high rate of speed and through a stop sign in an accident that resulted in the death of Gabriel J. Casanova, 19, on June 25, 2023.

Rashawn Bloom, 20, was driving a 2009 Lincoln Navigator with three other passengers at about 2:30 a.m. They had just left a bonfire on East Countyhouse Road when District Attorney Joe Cardone said Bloom drove off at speeds topping 85 miles per hour. He also went through the stop sign at Countyhouse Road and Route 98 and then lost control of the vehicle on West Countyhouse Road. The vehicle overturned multiple times.

Casanova died from blunt force trauma to the head and other parts of his body, Cardone said in court today.

Bloom was charged by State Police in April for first-degree reckless endangerment, a D felony with a maximum sentence of seven years in state prison.

Bloom agreed to a plea deal today with the District Attorney’s Office, where he will face a split sentence of six months in the county jail and five years of probation. He will be sentenced on Nov. 25.

County Court Judge Sanford Church went over the meaning of criminally negligent homicide, where a person creates a substantial risk by being reckless, inattentive or careless, leading to the death or another person. The defendant faces this charge shows a “gross deviation from the standard of care by a reasonable person,” Church said.

Bloom was released on his own recognizance at the town court level, before the case was moved to County Court. Judge Church decided to set bail at $1,000 cash or $2,500 bond.

ALBION – A Batavia woman pleaded guilty in Orleans County Court this morning to attempted assault in the second-degree.

Katelyn Jimenez, 31, admitted in court to having a machete on June 2 and attempting to cause physical injury with a machete. She could face a maximum of 1 to 3 years in state prison when she is sentenced in about two months.

Jimenez was charged on June 2 when a man, age 32, was unconscious and bleeding from a laceration to the back of the head at Heritage Meadows Apartments in Carlton.

Jimenez was charged with second-degree assault, criminal possession of a weapon in the fourth degree and criminal impersonation in the second degree.

She pleaded guilty to a reduced charge today in court. As part of her sentencing, Judge Sanford Church said he would consider a treatment court option for Jimenez. She remains in Orleans County Jail on bail of $10,000 cash, $50,000 bond and $100,000 partial secured bond.

In other cases in County Court today:

• Andria Meiers, 51, of Medina pleaded guilty attempted insurance fraud in the second degree. She allegedly claimed a burglary caused $7,800 in damages to her residence and attempted to file a proof of loss statement with an insurance company for $7,800.

She will be sentenced on Nov. 6 and faces a maximum of 1 1/3 to 4 years in prison.

• Mitchell Gardner, a former inmate at Orleans Correctional Facility in Albion, was arraigned for aggravated harassment of an employee by an inmate.

Gardner, 22, allegedly threw urine at a corrections officer in the Albion prison on Dec. 20, 2023. He is now an inmate at the Attica Correctional Facility.

• Caitlyn Collins, 33, was arraigned for second-degree assault. Collins was an inmate at the Albion Correctional Facility on Feb. 20 when she allegedly struck a corrections officer in the face, and that officer then fell into a wall. Collins is now an inmate at Beford Hills Correctional Facility.

Two people also were sentenced in County Court last week on Sept. 4:

• Christian Strickland, 25, of Medina was sentenced to 1 to 3 years in state prison for aggravated unlicensed operation of a motor vehicle and driving while intoxicated. He was charged on Dec. 21.

Strickland also will have his driver’s license suspended for six months and must use an inter-lock ignition device that measures his blood alcohol content for three years when he is released from prison.

• Edward Ruckdeschel, 62, of Batavia was sentenced to 3 to 6 years in state prison for a string of break-ins in Carlton.

The time for third-degree burglary will be served concurrently as part of a sentence in Genesee County for car thefts.

ALBION – Orleans County Court Judge Sanford Church sentenced a Medina man to 364 days in the county jail this morning for felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

Lawrence Miller, 31, was charged after a rollover accident on June 25, 2023 on Maple Ridge Road.

The judge also revoked Miller’s license for a year and said he will need to use an interlock-ignition device for a year when he starts driving again.

In other cases:

• An Albion man was sentenced to 10 years probation for a criminal sexual act and sexual abuse, as well as endangering the welfare of a child. He allegedly had sexual contact with an underage girl.

The man, now 22, was a juvenile when he committed the crime. The judge gave him youthful offender status. His name shouldn’t be published.

He is receiving treatment and has no other criminal history, the judge said.

• Andre Coley, 33, of Albion was arraigned for charges of second-degree strangulation, third-degree menacing and fourth-degree criminal mischief.

The judge kept bail at the $1,000 set in town court and issued an order of protection for the victim in the case.

• Bradlee Pescara, 32, of Lyndonville pleaded guilty to criminal contempt in the second degree for having contact with a woman who had an order of protection against him. He will be sentenced on Nov. 1.

• Arthur Dukes of Medina was sentenced to weekends in jail for a month and a year of probation for attempted assault in the third-degree.

ALBION – A man who was in a brief standoff in Shelby with law enforcement on May 1 was arraigned in Orleans County today.

Jacoun Harden, 38, was arraigned for violating his probation, and then several charges from the Shelby incident including criminal possession of stolen property in the fourth degree (firearms), criminal possession of controlled substance in the second degree (narcotic drug at 4 ounces or more), criminal possession of controlled substance in the third degree, criminal possession of a weapon in the third degree, criminal possession of a controlled substance in the seventh degree, and unlawful possession of cannabis (more than 3 ounces).

District Attorney Joe Cardone said he was prepared to offer Harden a plea deal that would cap his sentence in state prison at 8 years, and also satisfy the punishment for violating probation.

Harden pleaded not guilty today. Judge Sanford Church continued the bail at $5,000 cash and $10,000 bond for the new charges. However, Harden is being held in jail for violating his probation. The probation violation is on the charge of criminal possession of a weapon in the 2nd degree (loaded firearm).

Harden was in a brief standoff on may 1 when law enforcement went to execute a bench warrant Harden after he didn’t show up in Orleans County Court.

Orleans County Sheriff’s deputies, county probation officers and State Police went to serve the bench warrant to Harden at his residence on West Shelby Road.

The law enforcement officers saw a loaded Smith and Wesson 9mm pistol on the floor and drug paraphernalia. Harden allegedly ran to the upstairs of the residence to hide and refused to come out.  The Orleans County Special Response Team was activated and responded to the location.

After a brief stand-off Harden gave himself up to the S.R.T. and he was taken into custody.

Medina man says he intends to file lawsuit against county

ALBION – A higher court has dismissed the charges against a Medina man, siding with his claims that a special prosecutor was improperly appointed.

Dino Callara, 56, of Medina was convicted of a jury of grand larceny in the fourth degree and two counts of petit larceny on Feb. 22, 2022.

He served 24 months of incarceration in the county jail and state prison.

However, he contended the special prosecutor, Anthony Bruce, did not have jurisdiction in the case because Bruce does not live in the county or have an office in an adjacent county.

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department issued a decision on July 26, agreeing with Callara and his attorney, Kerry A. Conner, that the case should be dismissed.

Callara was in Orleans County Court this morning before Judge Sanford Church, who held off on dismissing the case today but said he would likely do so on Friday.

Conner said it is “routine” for county court judges to dismiss cases after decisions from the Fourth Judicial Department in favor of a dismissal.

Bruce spoke at court today and said he doesn’t agree with the Fourth Judicial Department decision. He asked Church to hold off on dismissing the indictment, with Bruce saying the decision was made “with prejudice.”

Church said it would be “double jeopardy” to bring the charges again after Callara’s case already went before a jury.

Bruce said he wanted more time to state his argument for objecting to the decision. Bruce, a long-time federal prosecutor, lives in Orchard Park and lists 39 Ellicott St. in Batavia as an office in Genesee County, which is contiguous to Orleans.

Callara said after court that he intends to sue the District Attorney’s Office and County Court for its handling of his case. His attorney tried to argue Bruce didn’t have jurisdiction because his office in Batavia wasn’t set up or being used at the time of Callara’s court case.

Conner, an attorney with the Legal Aid Bureau of Buffalo, said the defense should be the one to seek a stay to argue an appeal, not the prosecution.

“The Fourth Department’s decision is equivalent to an acquittal,” Conner said in court. “There is no reason not to dismiss.”

Judge Church acknowledged he hasn’t faced this issue yet as a judge, with a decision from the Fourth Judicial Department to dismiss the indictment. He said he will do more research and expects to dismiss the case in a written decision on Friday.