MASSENA - A Massena man has been sentenced to an intermittent sentence of 40 days in the St. Lawrence County Correctional Facility for violating an order of protection.
Acting Massena Village Justice James M. Crandall also ordered Charles D. Sherman Jr., 27, of 56 Woodlawn Ave., Massena, to pay a $300, a $205 surcharge and a $50 fee to submit a sample of his DNA to the state database for his second-degree criminal contempt conviction. The court also placed Sherman under a one-year conditional discharge and signed an order of protection directing him to stay away from Ebony Turner.
Sherman is scheduled to serve the jail sentence from 5 p.m. Fridays to 5 p.m. Sundays between Aug. 30 and Sept. 29.
Village police had charged Sherman with second-degree criminal contempt and third-degree escape following an incident at 10 p.m. Dec. 16.
He violated a stay away order of protection when he spent approximately an hour banging on the doors and windows and seeking to gain access to Ms. Turners residence. He also reportedly made several calls to her cell phone using a racial epithet and threatening to call her employer and report she had addiction issues.
He also reportedly fled from a police officer after he had been handcuffed and taken into custody. Police were reportedly searching Sherman before placing him in the patrol vehicle when he took off running. He was taken back into custody a short time later on Bayley Road.
Massena Village Justice Eric J. Gustafson had signed an order of protection in October 2010 when he sentenced Sherman for an unlawfully fleeing a police officer conviction that stemmed from a March 2, 2010 accident involving Ms. Turner.
Sherman had been charged with unlawful fleeing and criminal mischief after crashing his then-girlfriends vehicle while he was racing to get away from police in the early morning hours of March 2, 2010. The plea bargain agreement satisfied nearly two dozen vehicle and traffic law violations.
Massena Village Police on that occasion had charged Sherman with two counts of third-degree criminal mischief, unauthorized use of a motor vehicle, reckless driving and unlawfully fleeing from a police officer as well as 25 vehicle and traffic law infractions.
Court documents report Sherman took Ms. Turners vehicle without her permission at approximately 12:30 a.m. March 2, 2010 from a residence at 56 Perkins Road.
Village police said Sherman fled when they attempted to make a traffic stop for numerous vehicle and traffic law violations, including operating a vehicle with no headlights, a stop sign violation, making an unsafe start and failure to signal at 2:10 a.m. March 2, 2010 on Liberty Avenue.
Police said they activated their lights and sirens, but Sherman fled the scene and traveled at speeds of up to 50 mph over the speed limit before he slammed into a snow bank on Bayley Road.
Police allege Shermans speeds reached 100 mph in a 35 mph zone in the westbound lane of state Route 37, 85 mph in a 30 mph zone on Bayley Road, 80 mph in a 35 mph zone on the Alcoa Bridge and in a 45 mph zone on Alcoa Road. He also reportedly hit 60 mph in 30 mph zones on Perkins and Barnhart roads.
His vehicle crashed after striking a snow bank near 36 Bayley Road. Police said Ms. Turners vehicle as well as a flower bed, miniature pine tree and the lawn at that Bayley Road location were damaged as a result of the one-vehicle accident.
In other recent court action before Judge Crandall:
■ Cory A. Tuper, 28, of 73 Reardon Road, Bombay, formerly of 138 Maple St., Massena, was ordered to pay a $205 surcharge and a $50 fee to submit a sample of his DNA to the state database for a second-degree criminal trespass conviction.
Tuper had been charged with criminal trespass and resisting arrest at 6 a.m. Jan. 19 after he blocked the door of his ex-girlfriends residence open and refused to leave.
Tuper reportedly knocked on the door of Faith Deshanes residence at 5:30 a.m. Jan. 19 and when she opened the door he reportedly stuck his foot inside the residence and prevented her from closing the door and failed to comply with her requests that he leave her residence
Ms. Deshane told police at the time their relationship had ended over a year ago. Her new boyfriend, Kenneth Ward, said he heard Tuper tell Ms. Deshane he was coming into the residence and planned to attack him.
Mr. Ward allegedly went to the door, punched Tuper in the face and pushed him back outside the residence. Tuper was highly intoxicated, according to police, and resisted arrest when they arrived at the incident scene.
■ Michael L. Baker, 30, of 3263 state Route 3, Fulton, was fined $100 and a $125 surcharge after a petit larceny count was reduced to a disorderly conduct violation. Massena-based state police had charged Sara J. Schumacher of Cato and Baker with petit larceny May 26 after the couple shoplifted $58.68 worth of health, beauty and food items from Hannafords.
■ Randall E. Guertin, 55, of 175B South Grasse River Road, Massena, was granted a six-month adjournment in contemplation of dismissal with a stipulation he abide by the terms of an order of protection directing him not to harass his neighbor. The temporary order expires on Feb. 20.
Guertin had been charged with second-degree harassment after he allegedly threatened his neighbor, Thomas E. Morrissette, during a property dispute between the two neighbors. Mr. Morrissette had alleged Guertin placed both hands on his chest and pushed him backwards during the argument, leaving him with a calf injury. He also suggested Guertin had swung at him but missed striking him during that incident. Guertin vehemently denied those allegations.