MASSENA - A 25-year-old Massena man charged with stealing an ice shack from the Hawkins Point area last August has been granted an adjournment in contemplation of dismissal.
Massena-based state police had charged William L. Kinney of 14177 state Route 37, Massena, with petit larceny in January. He was charged with taking an ice shack that he said he thought had been abandoned on the shoreline at Robinson Bay, making improvements to it and then selling it for $75 last fall. The shack was owned by Jon Euto, Massena.
Massena Town Justice Gerald P. Sharlow granted Kinney a six-month adjournment in contemplation of dismissal with a stipulation he make restitution of $75.
Kinney, in a statement he provided state police, said he had been alerted about the ice shack by Josh Barrett, and they had taken it and made improvements to it. He said Barrett had indicated he was going to take the ice shack, but he didnt have a place to keep it.
He said they worked together on the improvements but then lost contact with each other. Kinney said he decided to sell the ice shack last fall, posted an ad on a Facebook garage sale site and sold the 4- by 7-foot structure to Cody Pernice for $75.
Mr. Euto reportedly saw his ice shack in late December when Mr. Pernice put it on the ice at Robinson Bay. Mr. Pernice told police Mr. Euto had confronted one of his friends who was using the ice shack while fishing a couple of days after he had put it out at Robinson Bay.
... the guy said that my ice fishing shack was his and that it had been stolen from him and that he was going to smash it and burn it or steal it back, he said in his statement.
Mr. Pernice said he and Mr. Euto discussed the situation on the phone, but he indicated the conversation was not beneficial in resolving the dispute. A few days later, Mr. Pernice said he received reports Mr. Euto had loaded the ice shack on a trailer and taken it to his home.
Kinney, at the time of his arrest, told police he was willing to make restitution.
I was unaware that property found had to be reported to the police. I am willing to pay Cody his money back if that is possible, he said.
In other recent court action before Judge Sharlow:
■ Matthew Jacobs, 31, of 13 Andrews Johnson Road, Hogansburg, was fined $300 and a $260 surcharge after a driving while intoxicated charge was reduced to driving while ability impaired. He was placed under a one-year conditional discharge, and his operating privileges were suspended for 90 days.
Jacobs had a blood alcohol content of 0.10 percent following a traffic stop at 2:20 a.m. April 4 on County Route 42. Troopers said they had stopped Jacobs for failing to signal a turn when he moved from Woodlawn Avenue onto Willow Street.