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| Lewis County Court Report: December 20, 2019 December 22, 2019 02:30 p.m. By: Nick Altmire |
number of cases coming to a resolution. The following plea and sentencing activity took place, with the Honorable Daniel R. King presiding: David B. Best, 49, of Harrisville, pleaded guilty to one count each of second- degree Strangulation, a class D felony and Criminal Obstruction of Breathing, a class A misdemeanor. Mr. Best admitted to applying pressure to the victim's neck during a dispute in the town of Diana on September 14, causing difficulty in breathing and bruising. He was then placed on interim conditions of probation for a year. If successfully completed, the felony plea would be vacated and he would serve an additional term of probation. If the interim probation period is unsuccessful, the felony plea would remain and Mr. Best would be sent to prison for 2 1/2 years. Final sentencing was adjourned to December 18, 2020. Darick R. Brand, 30, of Lowville, was sentenced to a total of 2 years in Lewis County Jail on charges of third-degree Attempted Burglary, a class E felony, and second-degree Possessing Prison Contraband, a class A misdemeanor, to which he pleaded guilty to both on November 15. Mr. Brand admitted to entering the Walmart store in Lowville on July 23, 2019 with the intent to commit a crime and knowing he was banned from entering any Walmart store. He additionally admitted to possessing a prescription that didn't belong to him while in the Lewis County Jail on September 11, 2019. Mr. Brand was additionally ordered to pay $800 in court fees. Russell K. Clary, 40, of Watertown, was sentenced as a second felony offender to serve to 2 1/2 to 5 years in State prison on a charge of third-degree Grand Larceny, a class D felony, to which he pleaded guilty to on September 20. Mr. Clary admitted to cashing a forged checks in the village of Lowville on September 20, 2018. He was additionally ordered to pay $17,859.94 in restitution and $375 in court fees. Mr. Clary was previously convicted on the felony count of fourth- degree Criminal Possession of a Controlled Substance in Jefferson County on September 2, 2015. Jeremy J. Davoy, 42, of Croghan, pleaded guilty to one count each of DWI, a class E felony and second-degree Aggravated Unlicensed Operation, a class A misdemeanor. Mr. Davoy admitted to driving while intoxicated and with a suspended license on May 24 in the town of Croghan. The DWI charge was a felony due to a previous DWI conviction in the town of New Bremen on May 11, 2011. He was then placed on probation for a term of 5 years and was ordered to pay $1,500 in fines and $570 in court fees. Mr. Davoy will have his driver's license revoked for 1 year and will be required to place an ignition interlock device in his vehicle for an additional year. Derek A. Dolan, 25, of Port Leyden, pleaded guilty to one count of Possessing Sexual Performance by a Child, a class E felony, admitting to being in possession of a pornographic video featuring a child on April 8 at his town of Lyonsdale home. Sentencing was adjourned to January 10, when Mr. Dolan is expected to be sent to Lewis County Jail for six months, followed by a 10 year probation term. Amber N. Hannibal, 30, of Forestport, pleaded guilty to one count each of second-degree Offering a False Instrument for Filing and fifth-degree Welfare Fraud, both class A misdemeanors. Sentencing in the case was scheduled for March 13, when Ms. Hannibal is expected to be placed on probation for 3 years. Dennis M. Hungerford, 39, of Turin, pleaded guilty to one count each of Aggravated DWI- With a Child, a class E felony, and Driving While Ability Impaired by Drugs, an unclassified misdemeanor. Mr. Hungerford admitted to driving under the influence of drugs on September 17 in the town of Leyden, with a 13-year-old child in the vehicle. He was then placed on interim conditions of probation for a year. If successful the felony plea would be vacated and he would receive a conditional discharge on the misdemeanor charge. If unsuccessful, Mr. Hungerford would serve a year in the Lewis County Jail. Final sentencing is scheduled for December 18, 2020. Nicole L. Hutchins, 34, of Watertown, pleaded guilty to a number of charges stemming from two separate arrests, satisfying the dozens of charges she was facing. Guilty pleas were entered for:
January 1 in the town of Turin and illegally possessing an electronic stun gun and a controlled substance. The remaining charges stemmed from a traffic stop in the town of Lowville on April 16, where Ms. Hutchins admitted to attempting to possess an Illinois license plate in an attempt to deceive law enforcement. Ms. Hutchins was previously convicted of Driving While Intoxicated in the town of Ava on June 8, 2017. Sentencing in the case was adjourned to February 14, when Ms. Hutchins is expected to receive 1 to 3 years in State prison. Brynna Hutteman-Kall, 27, of Carthage, pleaded guilty to one count of fifth- degree Welfare Fraud, a class A misdemeanor. She admitted to obtaining $2,118 in SNAP benefits that she was not entitled to, between November of 2017 and April of 2019, by failing to report income she had earned. Sentencing was adjourned to May 29. If restitution is paid by the sentencing date, Ms. Hutteman- Kall is expected to be given a conditional discharge. If the restitution has not been paid by the time of sentence she will likely receive a 3 year probation term. Daniel L. Joslyn, 29, of Rome, pleaded guilty to one count of third-degree Burglary, a class D felony, admitting to entering Riverside Motors in the town of Martinsburg on May 19 and stealing $500 in cash. Sentencing was scheduled for February 14, when Mr. Joslyn is expected to be sent to State prison for 2 1/2 to 5 years as a second felony offender. Ryan L. Kirk, 36 of Constableville, pleaded guilty to a charge of Driving While Ability Impaired by Combined Drugs, a class E felony due to a previous DWI conviction in the town of Leyden on June 6, 2012. Mr. Kirk admitted to driving in the town of Leyden on May 27, while under the influence of morphine, codine, hydrocodone and a number of other substances. The case was adjourned to January 24, when Mr. Kirk is expected to be placed on interim conditions of probation. Patrick E. Mitchell, 43, of Harrisville, pleaded guilty to one count of second- degree Attempted Burglary, a class D felony, admitting to attempting to enter a residence in the town of Diana on March 19 with the intent to steal medication. He was then placed on interim conditions of probation for a year, which if completed successfully would result in an additional 4 years on probation. If interim probation is not successful, Mr. Mitchell would likely be sent to State prison for 2 years. Final sentencing was scheduled for December 18, 2020. Christopher M. Nugent, 31, of Lowville, pleaded guilty to one count of Driving While Intoxicated, a class E felony due to a previous DWI conviction in Madison County on June 19, 2014. Mr. Nugent admitted to driving while impaired by alcohol on August 12 in the town of Watson. He was sentenced to serve 6 months in Lewis County Jail, followed by 5 years of probation, and ordered to pay $570 in court fees and a $1,000 fine. Additionally, his license to drive will be revoked for a year and he will be required to install an ignition interlock device on any vehicle he operates. Jeremy P. O'Donnell, 39, of Carthage, pleaded guilty to one count each of Driving While intoxicated, a class E felony due to a previous felony DWI conviction in Jefferson County on January 22, 2010, and second-degree Aggravated Unlicensed Operation of a Motoe Vehicle, an unclassified misdemeanor. Mr. O'Donnell admitted to driving while under the influence of alcohol in the town of Denmark on May 31. Sentencing was adjourned to February 28, when Mr. O'Donnell is expected to be sent to State prison for 1 to 3 years, with a potential mandate to the State prison system's Willard Drug Rehabilitation Program. Inmates that successfully complete the 90 day program are released to serve the remainder of their sentence under parole supervision. Joshua D. Rogers, 33, of Lyons Falls, pleaded guilty to one count each of Driving While Ability Impaired by Drugs and third-degree Aggravated Unlicensed Operation of a Motor Vehicle, both class A misdemeanors. He was then sentenced to serve a 3 year term on probation and ordered to pay $1,000 in fines and $570 in court fees, in addition to a six month diver's license suspension. Jamie L. Swinney, 39, of West Leyden, pleaded guilty to one count of fifth- degree Welfare Fraud, a class A misdemeanor. She was sentenced to a conditional discharge, with restitution paid in full, and ordered to pay $50 in court fees. Cassandra M. Thomas, 24, of Watertown, pleaded guilty to one count each of Aggravated Driving While Intoxicated- With a Child, a class E felony, Driving While Intoxicated, an unclassified misdemeanor, and Endangering the Welfare of a Child, a class A misdemeanor. Ms. Thomas admitted to driving while intoxicated by alcohol, with a two-year-old child in the vehicle, on June 8 in the town of Diana. She was then placed on interim conditions of probation for a year, which if completed successfully will result in an additional 2 years on probation or 1 year in Lewis County Jail if unsuccessful. Final sentencing was scheduled for December 18, 2020. Ryan M. Tiff, 35, of Carthage, pleaded guilty to one count of third-degree Unlawful Manufacture of Methamphetamine, a class D felony. Mr. Tiff admitted to having materials used to manufacture methamphetamine on his property in the town of Denmark during a response to a fire at the location on November 4. Sentencing in the case was adjourned to February 28. Elizabeth A. Villeneuve, 23, of Tallmadge, OH, pleaded guilty to one count of Driving While Intoxicated, a class E felony due to a previous DWI conviction in the Village of Lowville on January 8, 2018. She was sentenced to serve 5 years on probation, to be transferred to Ohio, and ordered to pay a $1,000 fine and $570 in court fees. Her driver's license will be revoked for 1 year. Shane B. Weeks, 34, of Port Leyden, pleaded guilty to one count of Aggravated Driving While Intoxicated, a class E felony, admitting to driving with a blood alcohol content level of .20 in the town of New Bremen on September 8. Mr. Weeks was previously convicted of DWI on June 2, 2011 in the town of Diana. Sentencing was adjourned to January 10, when Mr. Weeks is expected to be entered into the Lewis County Drug Court program. |
