Holley man sentenced to prison for assault

By Tom Rivers, Editor Posted 30 November 2015 at 12:00 am

Judge decides against prison for man recovering from serious injuries

ALBION – A Holley man was sentenced to 1 1/3 to 4 years in state prison today for attempted assault in the second degree.

William Nichols, 22, admitted to the crime during a September appearance in Orleans County Court. He said he hit another man with a BB Gun during a fight at the Public Square in Holley on May 8. The incident left the other man with a gash to the head and check, and head aches, forcing him to miss work, Assistant District Attorney Susan Howard told Judge James Punch in September.

Nichols also admitted to punching another man with his fists during a fight on June 13.

Nichols apologized for the incidents in court today.

“There’s no excuse for what I did, your honor,” Nichols told Judge Punch. “I let the drugs get the best of me.”

Nichols was represented in court by attorney Dominic Saraceno, who said Nichols gets into trouble when he uses illegal drugs.

The judge issued orders of protection for the victims in the crimes. He said Nichols has a long and serious criminal history. He has been in jail since May.

In another sentencing, James Herring III, 25, of Albion was spared prison and probation. He was given a conditional discharge and can avoid prison as long as he doesn’t break any laws over the next three years.

Herring has had his sentencing adjourned several times due to serious injuries he sustained about a year ago. The judge wanted to see if Herring would regain cognitive function, but that hasn’t happened enough for Herring to be sentenced to either prison or probation.

Herring is accused of selling cocaine on May 22, 2013. He faced up to 2 ½ years in state prison. He pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

“There are profound cognitive disturbances here,” Punch said in court today. “State prison is not going to work here given the current condition of the defendant.”

Punch said Herring is unlikely to reoffend. If he does, he will be sent to prison, Punch said.

Herring will need to appear before Punch every two months in the next year with Feb. 8 the first compliance visit.

“I expect you to follow the law,” Punch told Herring, who responded, “Yes, sir.”