CANTON A 22-year-old Massena man was sent back to the St. Lawrence County Correctional Facility with bail continued at $50,000 after he pleaded not guilty to charges he struck and killed a Massena pedestrian crossing East Orvis Street in early August.
James A. Berry, 22, of 36 Park Ave., pleaded not guilty Monday to second-degree vehicular manslaughter and driving while ability impaired by a combination of alcohol and drugs, an unclassified misdemeanor.
It is alleged that on Aug. 2 Berrys truck struck Edward S. Remington, 46, of 155 E. Orvis St., Apt. 9, Massena. Mr. Remington died the following day at Fletcher Allen Health Care, Burlington, Vt.
Berry was sent back to St. Lawrence County jail with bail continued at $50,000 cash or $100,000 bond.
Court documents report Remington of 155 East Orvis St., Apt. 9, suffered multiple skull fractures and internal injuries, bleeding in his cranial cavity and several other fractures.
St. Lawrence County District Attorney Nicole M. Duve said she had been advised that Mr. Remington died Saturday as a result of his injuries.
Berry was also charged by village police with a misdemeanor count of driving while intoxicated. They said a blood sample was taken so his blood alcohol content was not available Saturday.
He was arraigned Saturday morning by Massena Town Justice Gerald P. Sharlow and after consultation with St. Lawrence County Assistant District Attorney Andrew T. Botts bail was set at $100,000 cash or $200,000 bond.
Ptl. Cody Wilson, in a statement included in court documents, said Berry admitted he had consumed a LaBatts Blue Light tall boy and two Bud Light Platinums earlier in the evening before going to Taco Bell for dinner with his girlfriend, Aquarra S. Weegar, Chase Mills
The village patrolman said Berry told him they then went to Sunoco on Main Street before heading down East Orvis Street toward the Parker Avenue intersection.
James stated that he was probably going a little too fast but it was (definitely) not over 32 mph. James stated that he looked up and focused on the light over East Orvis Street at the Parker Avenue intersection and didnt see anything in the roadway, according to Ptl. Wilsons statement.
James stated that all of a sudden he saw an oxygen tank and felt the vehicle hit a person. James states that after he hit the person he saw it was an older man and that the older man hit the pavement hard. James stated that he hit the brakes and pulled over. James then got out of his vehicle and started freaking out until the police arrived, the village patrolman added, noting Berry also told him he would not give or sign a statement about the incident.
Mr. Remingtons girlfriend, Kimberly Tassie, said the couple were returning home after a quick trip to Woodys Store to buy soda when the accident when the accident occurred. She said she was walking ahead of Mr. Remington but turned around moments before the accident.
I turned around and saw a truck come out of nowhere and hit Ed. The truck flung Eds body and then drove over Ed. The vehicle stopped and then drove over Eds stomach again. The vehicle must have been going fast because I didnt even see it coming, Ms. Tassie noted in her statement to police.
She said she had a brief conversation with the driver of the pickup truck and then contacted police. The driver said, I didnt see him. I then yelled at the driver, How could you not see him? You hit him and then backed back over him. The driver then again stated, I didnt see him, she added.
In other court action Monday before St. Lawrence County Court Judge Jerome J. Richards:
Brandon R. Graves, 21, of 224 Harper Road, Lisbon, pleaded not guilty to two counts of second-degree criminal possession of a weapon and third-degree criminal possession of a weapon.
It is alleged that on Aug. 29 in Massena Graves and Danielle S. Jensen, 17, of the same address, were in possession of a .22-caliber revolver and a .38-caliber revolver. It also is alleged that the .38 had been defaced for the purpose of concealing or preventing the detection of a crime or misrepresenting the identity of the revolver.
Jensen was also scheduled to appear but was not present in the court room Monday. Judge Richards informed her attorney, Mary E. Rain, that she has until 4:30 p.m. Friday to appear in court.
Graves was sent to St. Lawrence County Correctional Facility without bail.
Janek P. Podeswik, 25, of 1624 Hawley Ave., Syracuse, was placed on one year of interim probation after a guilty plea to fifth-degree criminal possession of a controlled substance.
On April 11, Podeswik was stopped with Jose Antonio Castro-Luzunaris of 59 1/2 Maple St., Massena, by police on Maple Street when police were investigating a home invasion on Spruce Street. Podeswik was found with a baggie containing seven bundles of heroin.
Terry A. Ostraski, 49, 20 Barton St., Apt. 17, Parishville, was placed on one year of interim probation for driving while intoxicated. Sentencing was adjourned to 9:15 a.m. Sept. 22.
Judge Richards said Ostraski is facing a life sentence due to five DWIs.
Police said Ostraski had a blood alcohol content of 0.12 percent while driving a 2002 Pontiac in the town of Parishville on Feb. 21. A BAC of 0.08 percent or more is considered proof of intoxication under state law.
Judge Richards requested reports form probation every three months, with the first report submitted on Jan 6, updating him on Ostraskis status with treatment and compliance.
Charles A. Attard, 19, of 215 Barwick Blvd., Mineola, was placed on one year of interim probation after a July 19 guilty plea to fifth-degree criminal sale of a controlled substance.
On Dec. 1, Attard was arrested as the result of a drug sting that included The St. Lawrence County Drug Task Force and members of the Potsdam Police Department after they conducted several undercover purchases of cocaine.
Sentencing was adjourned to 9:15 a.m. Sept. 22.
Ronald F. Baker, 45, of 1442 County Route 24, Fowler, was sentenced to a minimum of 22 months and a maximum of 66 months in state prison after his July 24 guilty plea to third-degree criminal possession of weapon. He was also ordered to pay $375 in court fines, fees and surcharges.
Bakers mother Louise J. Baker, 70, of the same address, was also sentenced to five years of probation for the charge of third-degree attempted criminal possession of a weaponand three years of probation for the charge of fourth-degree criminal possession of a weapon. She was also ordered to pay $375 in court fines, fees and surcharges.
Police reported finding a cache of weapons in the Bakerss home Jan. 5, including AK-47 and Bushmaster rifles. State police arrested the Bakers Jan. 5 after Mr. Baker allegedly became combative with rescue workers who were responding to aid a family member who was having a seizure, trying to prevent them from entering the home.
Mr. Baker was convicted of threatening three people with knives in 1986, and of illegal possession of a shotgun in 2000.
Casey L. Sharlow, 23, of 464 Belmont Courts, Ogdensburg, was sentenced to six months in St. Lawrence County jail and five years of probation after failing to comply with terms and conditions issued by the court to not test positive for drugs and to not break any federal, state or local laws. Both the jail sentence and probation are to be served concurrently.
Sharlow was convicted of third-degree burglary. She tested positive for marijuana after being released from inpatient treatment. She was subsequently arrested for criminal contempt after she had contact with someone who had an order of protection against her. When she was taken into custody, she again tested positive for marijuana.
In addition to her sentence, she was ordered to pay $8,217.88 in restitution and $375 in court fines, fees and surcharges.
Brendon C. Warren, 38, Brier Hill, pleaded guilty to a felony count of DWI.
Warren had a 0.11 percent blood alcohol content while driving on County Route 2 in Morristown on Dec. 17. He was previously convicted of a DWI, misdemeanor, on Feb. 22, 2005.
Sentencing was adjourned to 9:15 a.m. Nov. 18.