MASSENA - A 33-year-old Massena man charged with attacking his brother during an argument that was allegedly sparked by his brothers concern that he had drugs at their residence has been sentenced to serve 15 days in the St. Lawrence County Correctional Facility.
Massena Village Justice Eric J. Gustafson gave Christopher J. Miller of 146 Center St., Massena, 24 hours to get his affairs in order before reporting to the county jail at 5 p.m. Wednesday for a third-degree attempted assault conviction. He was also ordered to pay a $205 surcharge.
Mr. Gustafson warned Miller he needed to be sober when he showed up at the county jail or he could expect to be sentenced to a much longer period of incarceration.
Village police charged Miller with third-degree assault, criminal obstruction of breathing, second-degree menacing and second-degree harassment in June.
The charges stemmed from an incident on the afternoon of May 21 when Miller was involved in a physical confrontation with his brother, Bradley OShea. He reportedly threatened Mr. OShea with a 6-inch steak knife, slammed Mr. OSheas head through the living room wall and bit his brother on the chin.
Mr. OShea, in his statement to police, said he is on felony probation and was concerned that his brother had drug paraphernalia at their residence.
... I told Christopher that I do not want to get in trouble and that I didnt want drugs in the apartment. I tried to get into Christophers bedroom so I could take his marijuana pipe and throw it away, he said.
He told police Miller responded by going into the kitchen, grabbing a knife and issuing a warning. He said his brother told him, If you go into my room, Im going to stab you, Mr. OShea noted in his statement.
He said he then opted to attempt to de-escalate the situation by going into the living room to get his keys with plans to leave the apartment. He said his brother followed him into the living room, started pushing him, bit him on the chin, shoved his head into the wall and then, when he fell to the floor, placing him in a choke hold and applying increasing pressure.
In other recent court action before Judge Gustafson:
■ Raymond G. Lancto, 43, of 30 Woodlawn Ave., Massena, was fined $75 and a $125 surcharge for an unlawful possession of marijuana conviction.
Lancto reportedly was found to be in possession of approximately one gram of marijuana during an early morning Jan. 20 traffic stop on Parker Avenue.
Police alleged Lancto initially concealed the marijuana in his boot, but later voluntarily handed it over to the police.
■ Tyler A. Valdez, 16, of 19 Colgate Drive, Massena, was granted an adjournment in contemplation of dismissal with a stipulation he perform 10 hours of community service.
Troopers had charged Valdez with unlawful possession of marijuana at 8:50 p.m. Feb. 2 after he was reportedly found in possession of a multi-color smoking device with marijuana residue during a traffic stop on the Willow Street Extension in the village of Massena.
■ Bryan D. Peets, 37, of 101 Stoughton Ave., Massena, was fined $300 and a $260 surcharge for a driving while ability impaired by alcohol conviction and ordered to pay an additional $93 surcharge for failing to signal 500 feet or more from a turn. His operating privileges were suspended for 90 days.
Peets had a blood alcohol content of 0.07 percent when he was stopped on Ames Street by police for making an insufficient turn signal. A blood alcohol content of 0.06 or 0.07 percent constitutes a DWAI charge.