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Norfolk man spending two weekends in jail for assault conviction

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MASSENA - A 38-year-old Norfolk man charged with knocking out another man during a confrontation outside a bathroom at the Delmar Tavern has been sentenced to serve two weekends in the St. Lawrence County Correctional Facility.

Massena Village Justice Eric J. Gustafson sentenced Howard J. Malone of 431 Grantville Road, Norfolk, to spend from 6 p.m. Friday to 6 p.m. Sunday for the next two weeks at the county jail for a third-degree assault conviction. He was also ordered to pay a $205 surcharge and a $50 fee to submit a sample of his DNA to the state database..

Malone was charged with a misdemeanor count of third-degree assault stemming from an incident that occurred at about 2 a.m. April 6, 2013 when he punched Justin Barney inside the Delmar Tavern.

One witness told police Barney was standing near the bathroom door when the incident occurred.

“I heard some pops on the bathroom door. He was putting his shoulder into the door. The door popped open,” Zachary Kuhn told police.

“He went into the bathroom. Howard Malone was trying to exit the bathroom, and Justin was holding the door with his foot. Howard pushed him out of the bathroom and punched Justin one time, and Justin fell. He hit his head on the floor. He (Malone) then went back into the bathroom,” Mr. Kuhn said, noting he had uttered a threat to an apparently knocked out Mr. Barney before he went back into the bathroom.

Mr. Kuhn said Mr. Barney was knocked out for about three minutes. He said he took Mr. Barney home, alerted his wife to her husband’s injuries and then drove him to the hospital.

In other recent court action before Judge Gustafson:

• Christopher H. Pettit, 26, of 102 Spencer Road, Candor, formerly of Rooseveltown, was fined $75 and a $125 surcharge after pleading guilty to unlawful possession of marijuana in a plea bargain agreement that satisfied other charges stemming from the same incident.

Village police had charged Pettit with fourth-degree criminal possession of marijuana and unlawful possession of marijuana at 2 a.m. Jan. 20 after investigating a suspicious vehicle in the parking lot of the closed On A Roll Deli store.

Police said when they approached the vehicle Pettit said he was waiting in the parking lot for his girlfriend, but officers said they smelled marijuana.

Pettit consented to a voluntary search of his vehicle by the village police department’s K-9 unit, and police located 11 sandwich bags each containing one gram of marijuana. Police said they also seized a palm scale with marijuana residue from the vehicle. They also said Pettit admitted he had shared another gram of marijuana with a friend earlier in the evening.

• Brenda D. Huss, 46, of 2 Washington St., Apt. 5, Endicott, was fined $100 and a $125 surcharge after pleading guilty to disorderly conduct in a plea bargain that satisfied several charges stemming from a traffic stop April 3 on Route 37.

State police had charged Huss with seventh-degree criminal possession of a controlled substance, having a controlled substance in a non-original container, unlawful possession of marijuana, speeding (61/35 mph zone) and third-degree aggravated unlawful operation.

Troopers, assisted by U.S. Border Patrol agents at the stop, said at the time of the arrest that Huss was in possession of a small amount of marijuana, a pipe with marijuana residue and six Clozepam pills found inside a change purse.

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