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Ogdensburg man jailed for 45 days for probation violation


MASSENA - An Ogdensburg man was resentenced to serve 45 days in the St. Lawrence County Correctional Facility after he admitted he had failed to report to his probation officer as directed.

Massena-based state police picked up Patrick J. Kennedy, 31, of 411 Main St., Ogdensburg, for the violation of probation on Aug. 1. He had been arraigned on the probation violation warrant by Massena Town Justice Gerald P. Sharlow and sent to the St. Lawrence County Correctional Facility with bail set at $5,000 cash or $10,000 bond that day and has remained in custody.

Massena Village Justice Eric J. Gustafson met briefly in chambers with St. Lawrence County Assistant District Attorney Andrew T. Botts and defense attorney Brian Pilatzke to discuss the potential sentence prior to Kennedy admitted he had violated the terms of his probationary sentence.

Kennedy had been sentenced to three years on probation in October 2010 following his conviction on a second-degree criminal contempt count in Massena Village Court. He allegedly violated the terms of his probationary sentence when Ogdensburg City Police charged him with felony counts aggravated driving while intoxicated under Leandra’s Law for allegedly driving drunk with a passenger of 16 years of age and first-degree aggravated unlicensed operation of a motor vehicle as well as vehicle and traffic law infractions on June 2. The probation department memorandum also pointed out a second violation of probation allegation had been pending in Massena Village Court since January 2012.

That violation alleged Kennedy had failed to report to his probation officer as directed and had been discharged from several different treatment programs since being placed under probation supervision.

The report said Kennedy told probation officers he couldn’t report in person because he had had MERSA since August 2011, but they said he failed to provide the probation department with any correspondence from medical professionals supporting that diagnosis.

In other recent court action before Judge Gustafson:

■ Austin B. Villnave, 18, of 144 South Raquette River Road, Massena, was released from custody on a disorderly conduct charge pending in Massena Village Court, but he didn’t earn his freedom. Sheriff’s deputies told the court Villnave was still held on bail from a charge pending in Norfolk Town Court.

Villnave, who has a number of violations pending in village court, had been charged with disorderly conduct at 1:38 p.m. July 20. Police and Massena Rescue responded to the Walmart tire center for a 13-year-old male who had suffered a two-inch laceration to his arm while getting out of the vehicle. Villnave, the juvenile’s brother, started screaming at police officers that were on scene. Police said they charged Vilnave with disorderly conduct after he failed to comply with five requests to stop shouting obscenities in the store’s tire center.

Mr. Gustafson told Villnave he was willing to reconsider the $250 bail he was being held on for the disorderly conduct violation pending in village court. “You have a number of charges but my problem is none of the them is the most serious. If I release you from custody, can I anticipate you will make your scheduled court appearances?” he asked.

Villnave assured the court that was the case. “I don’t want to go back to jail. It sucks,” he told the judge.

Village police picked up Villnave on a bench warrant on Aug. 6 for allegedly violating the conditions of his release under the supervision of the probation department on second-degree assault and trespass counts pending in Norfolk Town Court. The warrant had been signed June 25 by Norfolk Town Justice Donald G. Lustyik.

Probation Department officials, in a uniform court report dated that same day, said Villnave had been charged with a new offense and violated other conditions of his release.

Villnave had reportedly been charged with fourth-degree criminal mischief on June 25 for smashing exit signs in the Canton-Potsdam Hospital Rehabilitation Unit and was discharged from the rehab unit. Probation officials also informed the court Villnave had “explicitly expressed” his desire to disobey the court and court imposed conditions.”

Villnave was arraigned on the warrant by Massena Town Justice Gerald P. Sharlow and sent to the St. Lawrence County Correctional Facility with bail set at $1,000 cash or $2,000 bond. He has been in custody since that time.

Villnave was charged Nov. 12, 2011 with assault with intent to cause serious physical injury, a felony, after a fight in which he was accused of hitting the victim several times, knocking out his front teeth and breaking his nose.

Judge Sharlow also arraigned Villnave on Aug. 6 on the bench warrant from Massena Village Court alleging the Massena teenager had failed to appear as directed on a disorderly conduct count. The warrant had been signed by Massena Village Justice Gustafson on May 31. Judge Sharlow set bail at $250 cash or $500 bond on the warrant from village court.

■ Allen Blount, 24, of 1 Pine St., Norwood, was granted an adjournment in contemplation of dismissal, but he was sent back to the county jail, where he is being held on a parole hold. Blount had parole will be sending him to a rehabilitation program.

Blount had been charged with unlawful possession of marijuana June 11 when officers from the Division of Parole and Community Supervision were attempting to execute a parole warrant for Lacey Yekel at 54 Perkins Road. They didn’t find Yekel, but they said they detected a strong marijuana odor was coming from her 54 Perkins Road residence and located Blount there. He reportedly had 1 gram of marijuana wrapped in a small plastic baggie in his pocket.

■ William J. Davis, 34, of 33 Douglas Road, Massena, was ordered to pay a $125 surcharge and was placed under a one-year conditional discharge for a disorderly conduct conviction stemming from an incident where he was using abusive and obscene language in front of children, rejected several requests to stop that behavior and then walked toward police and offered them some less than pleasant advice about an anatomically impossible act.

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