MASSENA - A Massena man charged with attempting to use credit cards that had been taken from a wallet that was accidentally left on a picnic table at Stewarts has been released from custody but warned that he is on a very tight leash.
Village police charged Daniel P. Robertson, 34, of 154 North Main St., Massena, with fourth-degree grand larceny at 8:35 a.m. Sept. 13 stemming from an investigation into an incident that reportedly occurred on Sept. 18, 2012.
Robertson reportedly stole a wallet containing several credit and debit cards that Cheryl Gardner had mistakenly left at the Stewarts Shop on North Main Street. He allegedly attempted to use those cards to make purchases at several Massena businesses.
He had been held at the St. Lawrence County Correctional Facility on $1,000 cash or $2,000 bond bail since his arrest.
The Massena man, in his first court appearance with an attorney, asked Village Justice Eric J. Gustafson to release him from custody.
Ive got three kids at home. None of my stuff has been criminal, just driving stuff. Im begging you. Im just trying to support my family. I get pulled over once in a while, Robertson said after St. Lawrence County Assistant District Attorney Andrew T. Botts noted the $1,000 bail recommendation had been made in light of the Massena mans 12 prior arrests.
Mr. Gustafson reviewed Robertsons file for several minutes before releasing him from custody. Its not all driving. Mr. Robertson. My problem is when I set bail there are a number of things I have to consider. .... Frankly, your criminal history is terrible. It goes back to the 90s, the village justice noted.
He indicated he was reluctantly agreeing to release Robertson from the county jail.
But if I get one whisper, one hint that you arent doing what you are supposed to, Ill have them bring you back in here and set substantial bail to hold you until this case is finished, Mr. Gustafson warned Robertson.
Ms. Gardner, in the statement she signed for police, said she had taken her daughters to Stewarts for ice cream on Sept. 17, 2012, and they had eaten at the picnic table outside the store. She said she only took her wallet into the store that night and realized it was missing the next day when she went to get her insurance card during a visit to the dentists office.
She told police on the afternoon of Sept. 18, 2012 she had checked with SeaComm and learned her debit card had last been used to purchase the ice cream the previous night, but discovered someone had used her Community Bank debit card without her permission to purchase Busch beer and school supplies totaling $78.59 at 9:45 p.m. Sept. 17, 2012.
Ms. Gardner said she had also checked with her credit card companies and discovered several attempted transactions with her cards - most of which had been declined - at Walmart, Price Chopper, NBT Bank and Sunoco.
Van Alexander, who also had a card in Ms. Gardners wallet, said he had received a statement from SeaComm on Sept. 21 informing him his Visa debit card had been used without his permission on Sept. 19, 2012 at Sunoco for a $115.27 transaction.
In other court action before Judge Gustafson:
■ Kevin Lashomb, 46, no fixed address but staying at 45 Willow St. in the three days before his arrest, was sent back to the St. Lawrence County Correctional Facility with bail continued at $500 cash or $1,000 bond.
Village police picked up Lashomb on an arrest warrant Saturday charging him with fourth-degree criminal mischief and second-degree criminal trespass. The warrant had been signed April 2 by Mr. Gustafson.
Lashomb reportedly damaged the door at the residence of Denise Brothers, 101 Andrews St., Apt. 1, on Feb. 28. He also reportedly entered her apartment without her permission at 2 a.m. that same night when she was at a friends residence.
■ Jacob A. Cook, 36, of 84 Mose Cook Road, Akwesasne, was sent back to the county jail with bail continued at $1,000 cash or bond.
Village police had charged Cook with petit larceny Monday afternoon following a back to school shopping spree at Walmart, where he allegedly stole more than $500 worth of merchandise.
According to court documents, the stolen merchandise included mens and boys apparel valued at $571.60.
■ Donald T. Dow, 24, of 33 Pine St., Massena, was sentenced to time served after he admitted he had violated the conditions of his Dec. 14, 2010 sentence to a three-year probationary term by failing to complete an offender accountability program, He had been in custody since July 30.