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.