DA, defense attorney make opening statements in Magee trial

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.