MASSENA - A 20-year-old Massena charged with throwing a plate in the direction of his child during a domestic dispute has been sentenced to probation.
Massena Justice James M. Crandall sentenced Joseph R. McMahon of 128 Quinnell Road to three years on probation and ordered him to pay $255 in surcharges for his convictions for endangering the welfare of a child and second-degree harassment.
Massena-based state police had charged McMahonwith criminal obstruction of breathing, second-degree unlawful imprisonment, endangering the welfare of a child, fourth-degree criminal mischief and unlawful possession of marijuana following a Jan. 15 domestic dispute at this residence.
Barbara A. Marshall, in a statement she provided police, said her boyfriend had been drinking before she arrived home at approximately 7 p.m. that night and started arguing with her while they were eating dinner. She said he started calling her names and questioned whether he was actually the father of their child.
Troopers allege the argument turned physical when Ms. Marshall told McMahon to leave the residence. He allegedly grabbed his girlfriend by the throat and sweatshirt and threw her onto the couch. He then reportedly grabbed a ceramic plate and threw it at the couples 1-year-old daughter, with the plate missing the child and striking a window.
I asked him why he would do that, and Joe said that she wasnt his. Joe then covered my nose and mouth with his hands so I couldnt breathe and would panic because he knows I am claustrophobic, Ms. Marshall said in her statement.
Troopers said McMahon also blocked the door and told Ms. Marshall she couldnt leave the residence with the child when she was attempting to exit their home. He also reportedly prevented her from gaining access to a telephone so she could contact police about the domestic dispute.
Ms. Marshall told police she was eventually able to leave the residence when McMahon walked into a back bedroom in the home. Joe threw the kitchen chair into the TV, breaking it. The TV belongs to his mother, Ms. Marshall said in her statement.
The court signed a three-year order of protection directing McMahon not to harass, annoy or alarm Ms. Marshall and her daughter. The court also specifically directed McMahon to refrain from anger, aggression, drug use and intoxication in the presence of his girlfriend and the child.
Following his arrest, troopers said they found McMahon was in possession of a multi-colored smoking pipe with marijuana residue.
In other recent court action before Judge Crandall:
■ Roger D. Smith Jr., 22, of 56 Highland Road, Massena, was fined $100 and a $125 surcharge after a petit larceny count was reduced to disorderly conduct. He was also placed under a one-year conditional discharge with a stipulation he perform 120 hours of community service. The conditional discharge also stipulates he not associate with known criminals, not abuse alcohol and not use illicit substances. Mr. Crandall said he was imposing the community service because Smiths plea to the violation had satisfied two misdemeanor charges.
He had been charged with shoplifting $15.17 worth of candy from Hannafords on Sept. 22. Two females were charged in connection with that same incident. He was found in possession of a marijuana pipe with residue when he was arrested on the petit larceny count on Oct. 2.
■ Barbara LaDuke, 30, of 183 Fregoe Drive, Massena, was fined $300 and a $260 surcharge after a driving while intoxicated count was reduced to driving while ability impaired. Her operating privileges were suspended for 90 days. She was also placed under a one-year conditional discharge with a stipulation she perform 30 hours of community service.
LaDuke had been charged with driving while intoxicated following a traffic stop at 2:05 a.m. Sept. 21 following a traffic stop on County Route 42. Troopers said her vehicle was stopped after she was observed crossing the boundary line on several occasions. She reportedly had a blood alcohol content of 0.15 percent, nearly double the 0.08 percent BAC level that constitutes a DWI count.