Man gets prison time for rape

By STEVE VIRKLER
TIMES STAFF WRITER
MONDAY, DECEMBER 7, 2009
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LOWVILLE — A Copenhagen man convicted of raping a woman was sentenced Friday in Lewis County Court to five years in state prison.

Mark A. Westbrooks,27, of 704B Phelan Drive, additionally was sentenced to five years of post-release parole and $1,425 in court fees on a charge of first-degree rape. A jury on Sept. 30 found Westbrooks guilty of the charge.

Judge Charles C. Merrell also issued an order of protection on the victim's behalf, and Westbrooks was certified as a sex offender.

He was accused of raping a woman Jan. 31 in the town of Denmark.

Westbrooks retained his right to appeal the conviction.

Also Friday in Lewis County Court:

Michael M. Woods,26, of 6267 Pine Grove Road, Glenfield, after failing to complete the county's Drug Court program, was sentenced to one year in county jail, $3,000 in fines and $705 in court fees on charges of aggravated driving while intoxicated, DWI and first-degree aggravated unlicensed operation of a motor vehicle, to which he pleaded guilty Sept. 18. Mr. Woods was stopped Feb. 29, 2007, on Otter Creek Road in the town of Greig and Aug. 8 on Rural Avenue in the village of Lowville.

Micah K. Houppert,17, of 5402 Cascade Ave., Lowville, was sentenced to six months in county jail, five years' probation and $375 in court fees on a charge of third-degree burglary. He was charged with breaking into the residence of Douglas Olmstead and taking a laptop computer July 28 in the village of Lowville.

Peyton B. Smith,36, of 3347 Elm St., Port Leyden, was arraigned on a charge of second-degree criminal possession of marijuana and pleaded guilty to the charge. Sentencing was set for Feb. 2. Mr. Smith was accused of having 24.3 ounces of marijuana Oct. 8 in the village of Port Leyden.

Kevin R. Bailey,39, Coeymans, pleaded guilty to fifth-degree criminal sale of a controlled substance, also satisfying a charge of fifth-degree criminal possession of a controlled substance that was lodged against him. Sentencing was set for Dec. 18. Mr. Bailey was accused of selling Ecstasy on Sept. 4 at the moe.down music festival in Turin.

William F. White,35, Ithaca, had his case of two counts each of third-degree criminal sale and criminal possession of a controlled substance and a single count of first-degree promoting prison contraband adjourned to Jan. 8. Mr. White was accused of selling LSD on Sept. 6 at moe.down and with possessing the drug Sept. 8 in Lewis County jail.

Patrick VanGoethem,25, Philadelphia, Pa., had his case of third-, fifth- and seventh-degree criminal possession of a controlled substance, fourth-degree criminal possession of marijuana and possession of controlled substances outside the original container adjourned to Dec. 11. Mr. VanGoethem was accused of possessing cocaine, hallucinogenic mushrooms, Endocet and 2.5 ounces of marijuana Sept. 4 at moe.down.

David A. Baxter,40, of Route 12, had his case of two counts each of third-degree assault and endangering the welfare of a child and a single count of second-degree assault adjourned to Dec. 18. He was charged Aug. 1 with hitting and kicking his wife, Melissa Baxter, and wrapping a telephone cord around her neck, all in the presence of two children.

Brian M. DeHart,29, of 6090 Main St., Greig, had his case of two counts each of first-degree burglary and second-degree assault and single counts of fourth-degree criminal mischief and endangering the welfare of a child adjourned to Jan. 22. Mr. DeHart was accused of hitting his estranged wife, Kylie, in the face with a marble ball and destroying property Sept. 5 at her town of Martinsburg residence. The alleged incident occurred in front of children.

Robert R. McDougall III,17, of 6481 Sears Pond Road, had a trial date set for Jan. 4 on his case of first-degree rape and endangering the welfare of a child. He was charged with having forcible sex with a 14-year-old girl in February in the town of Montague.

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