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Massena man charged with assault now also faces probation violation

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MASSENA - A Massena man charged with assaulting his girlfriend now has more legal challenges after the court signed a declaration of delinquency following an allegation that he had violated the conditions of his probationary sentence for a prior assault conviction.

Village police had charged Rickey J. Herne Jr., 24, of 152 Water St., Massena, with third-degree assault and fourth-degree criminal mischief at 9:51 p.m. Monday after they responded to a domestic dispute complaint at the residence.

He was held in the village lock up overnight before being arraigned Tuesday morning by Massena Village Justice Eric J. Gustafson and released on his own recognizance on the new charge. He is currently on probation for an assault conviction involving the same victim.

Herne reportedly punched Cecilia Lindsey in the face and pushed her into a wall during an argument at 38 East Hatfield St., Apt. 1. He also threw a Glade air freshener bottle at Ms. Lindsey, striking her in the back of her head and leaving a laceration. She was transported to Massena Memorial Hospital by Massena Rescue and treated and released.

He also allegedly kicked and damaged a fan that was on the floor and punched and damaged two doors. The estimated cost of the damages was $230.

Judge Gustafson also signed a declaration of delinquency filed by the probation department alleging Herne had violated the conditions of his probationary sentence.

Herne had been sentenced to probation for three years in August 2013 for a third-degree assault conviction.

Probation officials allege Herne has tested positive for marijuana use, admitted smoking marijuana and consuming alcohol, failed to report to his probation officer as directed on several occasions, failed to complete a required offender accountability program and failed to make restitution as well as being arrested for a new charge.

Herne asked to have an attorney assigned to represent him and had his case adjourned until Tuesday. He remains under probation supervision.

Herne had been placed on probation and ordered to make restitution of $1,032.31 for the August 2013 assault conviction. He had been charged with punching Ms. Lindsey during an argument on April 23, 2013. She was treated at Massena Memorial Hospital for injuries she received in the attack and was released.

Court documents indicated an argument broke out when Herne returned home from work for his lunch break and the conversation turned to the couple’s child living in Vermont with his grandparents.

Ms. Lindsey said Herne became agitated and threw an ashtray at her.

“I got off the bed and pushed him. Rickey grabbed me and started punching me in the head,” she said, noting she fell on the floor when she attempted to push him away again.

She told police Herne kicked her as she was falling and then got on top of her and punched her approximately four more times in the head. A few moments later, she said he punched her in the left eye. She told police Herne also kicked her in the back when she attempted to walk downstairs.

Herne, in his statement, said he had only punched Ms. Lindsey after she grabbed him and was yanking him around him, making him dizzy.

He acknowledged he had called Ms. Lindsey’s mother and suggested she should have her daughter out of his home when he returned from work before he killed his girlfriend.

He reportedly told her mother. “If she is not gone when I am done work, I am going to kill her. I’m not afraid to go to prison for the rest of my life over her,” according to his girlfriend’s mother’s statement.

Herne said his threats were nothing more than words.

“I was just saying things in the heat of the moment,” he told police.

In other recent court action before Judge Gustafson:

■ Kolbe L. Gollinger, 23, of 4 Ripley St., Apt. 1, Massena, pleaded guilty to petit larceny. The court directed the probation department to conduct a pre-sentence investigation and scheduled sentencing for July 22.

He had been charged with shoplifting five compact discs valued at $91.45 on April 23 from Walmart. Police said when Gollinger was searched he was found in possession of an additional $144.92 worth of merchandise that had been shoplifted from Walmart.

Elizabeth Marie Collins, 25, same address, had also been charged with petit larceny in connection with that same incident. Collins reportedly walked past the store’s last point of sale without paying for five movies valued at $179.84.

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