Judge rules Magee’s statements to police admissible in fatal Barre collision

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.