Magee waives right to jury trial; Judge Church will preside over 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.