Magee found not guilty of murder but convicted of manslaughter

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.