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Massena man headed to state prison for violating probationary sentence

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MASSENA - A former Massena man who turned himself in on outstanding warrants last week after returning to the north country after spending several months in Florida is headed to state prison.

Jacob L. Farrell, 23, had been sentenced in September 2012 to probation for five years and ordered to pay $3,520 in restitution for a third-degree criminal sale of a controlled substance conviction.

A uniform court report from the St. Lawrence County Probation Department, dated Jan. 24, 2013, alleged Farrell had been charged with petit larceny on Jan. 1, 2013, failed to appear for a scheduled evaluation on Jan. 7, 2013 at St. Lawrence County Chemical Dependency Services, failed to report a new address to his probation officer after being kicked out of a Garond Road, North Lawrence residence following a domestic dispute, failed to report to his probation officer as directed numerous times from Nov. 28, 2012 until the UCR had been filed, and only made $80 toward restitution despite a court order directing him to make monthly payments of $70.

St. Lawrence County Court Judge Jerome J. Richards had signed a warrant for Farrell’s arrest on Jan 24, 2013.

Massena Village Justice Eric J. Gustafson had signed a warrant for Farrell’s arrest on March 26, 2013 after he allegedly failed to appear in court as directed on petit larceny and trespass charges. The charges stemmed from an incident at 3:54 a.m. Aug. 25, 2012 when Farrell allegedly stole approximately $3 in loose change from Gerald Cook’s vehicle.

Massena Town Justice Gerald P. Sharlow had issued a warrant for Farrell’s arrest on a petit larceny count on April 26, 2013. Farrell allegedly stole a 37-inch flat screen television and a Wii gaming system on Dec. 30, 2012 from the Amber Hinkley residence on North Raquette River Road.

St. Lawrence County Assistant Public Defender Alison B. Appleby told Mr. Gustafson the charges in Massena court had been satisfied earlier this week when Farrell admitted he had violated the conditions of his probationary sentence in St. Lawrence County Court.

She said Judge Richards had committed to re-sentence Farrell to prison with the possibility he could recommend him for placement in the Willard Substance Abuse Treatment Program.

Judge Richards had released Farrell from jail with credit for the 110 days he had served in custody on the charge and ordered him to pay restitution of $3,520 and pay $375 in fees and surcharges when he initially sentenced him for the for a third-degree criminal sale of a controlled substance conviction in September 2012. He had also been placed on probation for five years.

Farrell had been indicted for two counts of third-degree criminal sale of a controlled substance after he reportedly sold more than a half ounce of cocaine to a confidential informant on two occasions in March 2011.

Farrell had thanked the court during that September 2012 court appearance for assisting him in beating his substance abuse issues following his arrest on the drug sale charges. He had acknowledged to Massena Town Justice Sharlow last week that he was still struggling with substance abuse issues when he was arraigned on the warrants.

In other recent court action before Judge Gustafson:

• Heath J. McLean, 38, of 4 River St., Massena, pleaded guilty to driving while intoxicated in a plea bargain agreement that satisfied a misdemeanor aggravated unlicensed operation of a motor vehicle charge stemming from the same incident. The court directed the probation department to conduct a pre-sentence investigation and scheduled sentencing for Aug. 19.

Prior to the plea, prosecutors had filed a motion to have a felony count of first-degree aggravated unlicensed operation of a motor vehicle reduced to a misdemeanor count.

St. Lawrence County Sheriff’s Department deputies charged McLean, with driving while intoxicated and first-degree aggravated unlicensed operation of a motor vehicle at 9:50 p.m. Nov. 27 following a traffic stop on Parker Avenue in the village. He had a blood alcohol content of 0.12 percent. A blood alcohol content of 0.08 percent or higher is considered proof of intoxication in the state.

Deputies said the stop was made after they observed McLean operating his Ford pickup without headlights on Parker Avenue. They said during the stop they determined McLean’s operating privileges had been suspended following a previous drinking and driving conviction.

• Jacy V. Charleston, 24, of 48 Churchill Ave., Massena, was fined $300 and a $260 surcharge and had his operating privileges suspended for 90 days after pleading guilty to a reduced count of driving while ability impaired.

Village police had charged Charleston with driving while intoxicated following a property damage accident in the SeaComm parking lot on Andrews Street at 2:11 a.m. April 12. He backed into a parked vehicle registered to Kathy J. Brown, Massena. Charleston had a blood alcohol content of 0.15 percent.

• Donna M. Cline, 56, of 38 Beach St., Massena, was fined $300 and a $260 surcharge and had her operating privileges suspended for 90 days after pleading guilty to a reduced count of driving while ability impaired.

Village police had responded to a report of an intoxicated person at 10:47 p.m. April 19 at 93 Beach St., and they said Cline admitted during the investigation that she had driven to Beach Street from the Elk’s Lodge on Bowers Street. They had charged her with driving while intoxicated. She had a blood alcohol content of 0.16 percent, police said.

• Dean S. Barney, 39, of 52 North Main St., Massena, was fined $300 and a $260 surcharge and had his operating privileges suspended for 90 days after pleading guilty to a reduced count of driving while ability impaired.

Barney had been stopped by police at 2:37 a.m. Dec. 28 after they reportedly observed him spinning his tires on Andrews Street. He had a blood alcohol content of 0.10 percent.

• Jonathon King, 23, of 244 Scott Road, Winthrop, was fined $300 and a $260 surcharge and had his operating privileges suspended for 90 days after pleading guilty to a reduced count of driving while ability impaired.

Village police charged King with driving while intoxicated, second-degree aggravated unlicensed operation of a motor vehicle and having an open container of alcohol in a vehicle on a public highway and ticketed him for operation of a vehicle with inadequate taillights and fractured glass at 1:18 a.m. Aug. 9 following a traffic stop on South Main Street. He had a blood alcohol content of 0.10 percent.

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