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.