CANTON A Brasher man was sentenced to interim probation on an attempted rape charge Monday, but not before St. Lawrence County Judge Jerome J. Richards reprimanded him for chauvinism.
Kyle E. Simon, 19, of 266 Driscoll Road, Brasher, wasplaced on one year of interim probation for his Oct. 15 guilty plea to a reduced count of second-degree attempted rape, a class E felony, after reaching a plea deal with the district attorneys office.
On Nov. 21, 2012, Simon, then 18, had sexual intercourse with a 15-year-old girl.
Simon had been indicted by a St. Lawrence County grand jury on charges of second-degree rape and endangering the welfare of a child for allegedly giving the girl marijuana.
St. Lawrence County Judge Jerome J. Richards said he was disturbed by postings on Facebook made by Simon.
The defendant has some real issues about the equality of women and how they should be treated, Judge Richards told Simons attorney, St. Lawrence County Public Defender Stephen D. Button.
The judge said Simon was the proverbial male chauvinist pig and read several of the postings.
I thought that since she was in high school she would be fair game, Judge Richards read with appall in his voice. What?!
Mr. Button told the judge that the chauvinistic postings were lyrics by the rap artist Jay-Z. He added that Simons mother had spent a significant time away from him in state prison, not affording him the opportunity to have a female role model in the home and that the incident was a mistake made by a kid.
But the judge said there was no defense or excuse for that kind of behavior.
It is a mistake generated by his attitude and that has to change, Judge Richards said. There is no defense for him.
It had been originally suggested that Simon get youthful offender status; however, St. Lawrence County Assistant District Attorney Lloyd G. Grandy recommended that Simon get tried as an adult and get time in state prison.
What we are talking about is an 18-year-old and a 14-year-old who was out of her parents home at a sleep over and he preyed on her, Mr. Grandy said.
In addition to his interim probation sentence, Judge Richards requested that the probation department assess the possibility of getting Simon into a sex offender program.
I expect you to be an A plus student and grasp the ideas taught there and incorporate them into how you treat women in everyday life, Judge Richards said
Final sentencing was adjourned to 9:15 a.m. Nov. 17, 2014.
In other court action Monday:
Sean M. Reid-Frost, 27, of 120 Grove St., Gouverneur, pleaded not guilty to two counts of third-degree rape, endangering the welfare of a child and criminal possession of a hypodermic instrument.
It is alleged that Reid-Frost had sexual intercourse with a 15-year-old girl on Oct. 20. The girl allegedly contracted a sexually transmitted disease as a result. A St. Lawrence County grand jury indictment also alleges that Mr. Reid-Frost possessed a hypodermic needle for the purpose of injecting morphine.
In court on Monday, Reid-Frosts attorney, St. Lawrence County Public Defender Button, said his client had been tested for STDs in the jail and received negative test results. Mr. Button added that Reid-Frosts girlfriend, who is pregnant with his child, was tested as well and received negative test results.
Reid-Frost was returned to St. Lawrence County Correctional Facility, where he is being held without bail.
Christopher J. Hughes, 32, of 81 Grantville Road, Norfolk, appeared on a warrant for violations of probation.
Hughes had been released under probation supervision after he pleaded not guilty to charges to felony third-degree criminal possession of a controlled substance after being arrested on heroin charges.
Judge Richards said the St. Lawrence County Probation Department filed a report with the court stating Hughes failed to report to scheduled dates.
Hughes was sent back to the St. Lawrence County jail, where he is being held on $5,000 cash bail or $10,000 bond.
Kane W. Henderson, 23, of West Linn, Oregon, who pleaded guilty to felony fifth-degree criminal sale of a controlled substance on Oct. 21, has had his sentencing adjourned to Jan. 13.
Henderson, who was a Clarkson University student, sold LSD to his classmates on Dec. 1, 2012 and had been expelled from the school after his arrest.
Henderson told Judge Richards that he has reapplied to the school and is awaiting a response to see if he will be readmitted.
Judge Richards said Henderson would be facing some jail time in addition to a probation sentence but adjourned sentencing to see if he is readmitted next semester in order to figure out how the jail time would be served, during weekends or consecutively.
Judge Richards exonerated the $2,500 bail Mr. Henderson had been released on and released him under probation supervision.
Luke D. Hehir, 22, and James Upshur, 47, both of 59 ½ Maple St., Apt. 1B, Massena, pleaded not guilty to felony, third-degree burglary charges.
It is alleged that on Oct. 20, both men illegally entered a vacant house at 7 Clary St., Massena, with the intent to commit a crime.
Hehir and Upshur were both returned to St. Lawrence County jail, where they are being held on bail of $10,000 cash or $20,000 bond.
Scott A. Rheome, 32, of 1424 Ford St., Ogdensburg, pleaded not guilty to two counts of driving while intoxicated and aggravated DWI, all class E felonies.
It is alleged that Rheome had a 0.20 percent blood alcohol content while driving May 29 on County Route 28 in the town of Lisbon. A BAC of 0.08 percent or higher constitutes intoxication under state law. Aggravated DWI is charged when the BAC is 0.18 percent or higher.
Rheome was convicted of misdemeanor DWI in Ogdensburg City Court on April 21, 2009.
He was remanded to St. Lawrence County jail, where he is being held without bail awaiting a violation of probation charge which he will answer on Dec. 6.
Courtney J. Errigo, 36, Summerville, S.C., was sentenced to five years of probation and fined for her Oct. 16 guilty plea to felony aggravated driving while intoxicated.
Errigo was involved in a July 3, 2012 rollover car crash on County Route 39, town of Norfolk, while her daughters, who were passengers in the vehicle, werent in child restraint seats. They were taken to Massena Memorial Hospital for evaluation, but were not injured, troopers said. Ms. Errigo suffered minor left arm injuries.
Her blood alcohol content, taken via blood sample, exceeded 0.18 percent, troopers said. A BAC level of 0.08 percent or more is considered proof of intoxication under state law. Aggravated DWI is charged when the BAC is 0.18 percent or more.
Errigos probation was transferred to her home state of South Carolina, and she was ordered to pay $2,070 in court fines, fees and surcharges.
Cory A. Brown, 34, of 933 LeRay St., Watertown is pleaded not guilty to two counts of driving while intoxicated and aggravated DWI, all felonies.
It is alleged that Brown had a 0.24 percent blood alcohol content while driving Aug. 17 on Route 37 in the town of Waddington. A BAC of 0.08 percent or higher constitutes intoxication under state law. Aggravated DWI is charged when the BAC is 0.18 percent or higher.
Brown was convicted of misdemeanor DWI in Potsdam Town Court on Feb. 7, 2007, and again in Jefferson County Court on Feb. 16, 2012.
Brown was released under probation supervision pending further court proceedings.
Kenyon J. Chase, 38, of 419 Lincoln Ave., Ogdensburg, pleaded not guilty to first-degree burglary and second-degree assault.
It is alleged that on Oct. 21 Chase illegally entered 525 Hayward St., Ogdensburg, and struck Nicholas A. Steenkamer in the head with a flashlight and pushed his sister, Cornelia P. Steenkamer, to the ground.
Chase was released under probation supervision pending further court proceedings.
Joseph Sokolowski Jr., 40, of 19 Washington St., Massena, pleaded not guilty to felony second-degree criminal possession of marijuana.
It is alleged that on Sept. 12, he was in possession of approximately 8½ pounds of marijuana in the town of Waddington.
Sokolowski was released under probation supervision pending further court proceedings.
Bernard W. Phillips II, 39, of 33D Grantville Road, Norfolk, who is charged with two counts of DWI and aggravated DWI, all felonies, failed to appear for arraignment
It is alleged that Mr. Phillips had a 0.20 percent blood alcohol content while driving Aug. 27 on Route 56 in the town of Norfolk. He was convicted of misdemeanor DWI in Norfolk Town Court on July 21, 2010.
Andrew J. Jacobs, 18, of 809 Main St., Ogdensburg, who pleaded guilty to a reduced count of felony fifth-degree attempted criminal sale of a controlled substance on Sept. 10, 2012, failed to appear for final sentencing Monday and a warrant for his arrest has been issued.
Jacobs, who is accused of selling Ecstasy pills to an undercover police source in April 2011 in Ogdensburg, was sentenced to one year of interim probation. If he successfully completed probation, he would have be allowed to plead to a reduced misdemeanor count of seventh-degree criminal possession of a controlled substance, as per the plea bargain offered by the St. Lawrence County district attorney.
Jacobs originally was charged with two counts of felony fifth-degree criminal sale of a controlled substance.