CANTON MASSENA - A Massena man found with a loaded handgun tucked inside his waistband after he was tackled by a state trooper investigating a home invasion complaint last April has pleaded guilty to a reduced count that could help stay out of prson..
Jose A. Castro-Luzunaris, 26, of Rooseveltown, formerly of 437 McCarthy Rd., Winthrop, pleaded guilty to the violent felony of attempted criminal possession of a weapon in a deal that will help him avoid prison.
On the afternoon of April 11, Massena Village Police found a loaded 9mm handgun in the waistband of Castro-Luzunariss pants. The grand jury indictment reported that gun was the property of Andrew Jensen of Colton. Castro-Luzunaris said he was asked to hold on to it by Patrick R. Lloyd, the New York City man awaiting sentencing in the attempted kidnapping of a Massena woman in September and facing federal drug trafficking charges against him.
No sentence date was set, as Castro-Luzunaris will be evaluated for drug treatment in St. Lawrence County jail, where he is being held without bail as a part of a plea deal. If he successfully completes treatment, he faces time served in county jail and five years of probation.
New York State Police Tpr. Dustin J. Anderson testified at a preliminary hearing in village court that he had been on routine uniform patrol when he was notified of a home invasion in Massena and provided with a vehicle description. He said he patrolled to the Maple and Haskell street area after that vehicle was located in the village.
He said he was at the end of Haskell Street at Maple Street with fellow Tpr. William Sheets and Massena Village Police Ptl. Edward Clary when they were advised at approximately 4 p.m. that day two subjects that could be linked to the home invasion were walking westbound on Maple Street.
We attempted to make contact and speak with the individuals. One of the suspects immediately took off. The other suspect (later identified as Castro-Luzunaris) was holding something in his hand and didnt comply with two requests to show me his hands. He was taken down and searched, and I located a 9mm handgun in the waistband of his pants. It had five rounds in the magazine, he testified at that preliminary hearing.
Meanwhile, a Brooklyn man arrested for selling drugs was told Monday he has a year to get his GED or he could face up to nine years in prison.
Joseph A. Peterkin, 32, of Brooklyn has been sitting in St. Lawrence County Correctional Facility for four months and was headed for prison when St. Lawrence County Judge Jerome J. Richards placed him on a year of interim probation in a deal worked out by Public Defender Stephen D. Button.
Peterkin had pleaded guilty to third-degree criminal sale of a controlled substance for his March 19, sale of cocaine to a confidential informant in Ogdensburg.
The Brooklyn man has been indicted twice on two counts of third-degree criminal sale of a controlled substance and two counts of criminal possession of a controlled substance, all felonies.
The charges had been dismissed against him on Oct. 7 when Judge Richards determined that the testimony to a grand jury by Ogdensburg Police Narcotics Enforcement Detective Daniel C. Mousaw provided information about an uncharged crime, which might have swayed the jury to indict Peterkin.
The grand jury indicted him on the charges a second time on Dec. 20.
Additionally, on May 30 when Peterkin was arrested during a crack cocaine raid at 309 Montgomery St. in Ogdensburg, a missing 15-year-old boy from North Carolina was found. Peterkin was also wanted for absconding from parole release on a charge of possession of narcotics with intent to sell.
The police believe that you cant become a model citizen, but you are going to get the chance, Judge Richards told Peterkin. He should be sentenced to state prison. Without a doubt, you sell drugs, Mr. Peterkin. Your record fully supports that you should be going to prison today, because you are not a drug user, you are a drug dealer. You sell cocaine.
Peterkin sought to have his probation transferred back to New York City so he could return home, but Judge Richards shot that down and told him he was going to be placed on intensive supervision program by the probation department.
You are going to get a job here and you are going to get your GED here, Judge Richards said.
In addition to being placed on probation, Peterkin was ordered to pay $200 restitution.
Sentencing was adjourned to Feb. 23.
In other recent county court action:
Sean M. Reid-Frost, 27, of 120 Grove St., Gouverneur, pleaded guilty to third-degree rape in a plea deal that would satisfy an additional count of third-degree rape, endangering the welfare of a child and criminal possession of a hypodermic instrument.
Reid-Frost had sexual intercourse with a 15-year-old girl on Oct. 20, who allegedly contracted a sexually transmitted disease as a result of that relationship.
Reid-Frosts attorney, St. Lawrence County Public Defender Stephen D. Button, said during Reid-Frosts December arraignment that his client had been tested for STDs in 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.
As a part of the deal, Reid-Frost will face no worse than six months in jail and five years of probation at sentencing and have to register as a sex offender and receive a classification under the Sex Offender Registration Act.
Sentencing was adjourned to May 5. Reid-Frost was returned to St. Lawrence County jail, where he is being held without bail.
Andrew R. Jensen, 19, of 224 Harper Road, Lisbon, was sentenced to one year in St. Lawrence County jail and five years of probation for two separate burglary convictions.
Judge Richards told Jensen that he had been quite unsuccessful in completing his original probation sentence. Additionally, while on his original five year probation sentence, he was one of eight people arrested for the burglaries at his grandfathers Colton home, stealing three handguns and nine long guns. Various tools and jewelry also were stolen from within the garage and the residence.
In addition to his jail and probation sentence, he was ordered to pay $889.79 in restitution and $375 in court fines, fees and surcharges.
Anthony P. LaRock Sr., 39, of 7 Bishop Ave., Massena, pleaded guilty to first-degree criminal contempt and admitted to violating his probation.
On June 25, 2012 an order of protection was issued in favor of Tiffany LaRock which he violated when he had contact with her on Feb. 7, at her Norfolk residence.
Sentencing is adjourned to May 6. Mr. LaRock was sent back to St. Lawrence County jail on no bail.
Keith W. Snyder, 21, of 405 South Main St., Massena, was sentenced to one year of interim probation following his Jan. 17 guilty plea to fifth-degree criminal sale of a controlled substance.
Mr. Snyder sold cocaine on one occasion in the village of Massena in April.
Judge Richards warned Snyder, who has not complied with the terms and conditions of his probation to date, that if he violated his probation one more time, he would be facing 2 ½ years in prison.
In addition to his probation, Mr. Snyder was ordered to pay $100 in restitution.
Christopher J. Mitchell, 42, of 774 County Route 53, Brasher Falls, was placed on one year of interim probation for his Jan. 14 guilty plea to felony driving while intoxicated.
Mr. Mitchell had a 0.16 percent BAC while operating a motorcycle on Route 11 C on July 27 in the town of Lawrence. He previously was convicted of misdemeanor DWI on May 20, 2008, in Brasher Town Court.
Sentencing was adjourned to Feb. 23.
Joseph J. Schneller, 32, of 145 Taylor Road, Canton, was sentenced to one year of interim probation for his Jan. 14 guilty plea to felony aggravated DWI.
Mr. Schneller had a 0.23 percent blood alcohol content while driving on Aug. 30 on Main Street in Potsdam. He was previously convicted of misdemeanor DWI in Colton Town Court on May 10, 2010.
Sentencing was adjourned to Feb. 23.