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Massena woman has drug charge dismissed in the interest of justice

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MASSENA - A 27-year-old Massena woman charged with criminal possession of a controlled substance after she was found in possession of drugs when police went to her residence to arrest a man wanted in connection with a home invasion on Spruce Street has had a drug count dismissed.

Massena Village Police had charged Kimberly A. Jandrew, of 40 Willow St., Apt. 1, Massena, with third-degree criminal possession of a controlled substance with intent to sell at approximately 7:30 p.m. April 11 on Willow Street, where Patrick Lloyd was taken into custody.

Prosecutors made a motion to have the felony count reduced to a misdemeanor charge of seventh-degree criminal possession of a controlled substance and then recommended the case be dismissed in the interests of justice. Prosecutors told Acting Massena Village Justice James M. Crandall they were moving to dismiss the stage charges against Jandrew in light of federal charges filed against her in federal court.

Jandrew was indicted in federal court for conspiracy to possess with intent to distribute a controlled substance as part of the Operation Problem Child initiative in September in Massena.

Village police said they had taken Jandrew into custody after she granted them permission to search her residence for a handgun they believed might have been displayed during the home invasion earlier that day at 27 1/2 Spruce St. Police said when they were inside Jandrew’s apartment they located drug paraphernalia. She was placed in a village police patrol vehicle and reportedly informed officers that she had drugs inside her body.

Tpr. Stephanie Simpson testified at a preliminary hearing that she had been dispatched to the village police station at approximately 8:30 p.m. April 11. She said she transported Jandrew to Massena Memorial Hospital.

“I was advised prior to transport that the defendant may have drugs,” she noted.

Tpr. Simpson, responding to questions from St. Lawrence County Assistant District Attorney James Monroe, said she was in the room when Jandrew removed a baggie containing a white powdery substance and numerous pills from a body cavity.

Under cross-examination from St. Lawrence County Assistant Conflict Public Defender Heather Dona, Tpr. Simpson said she had seen the white powdery substance, blue round pills, other round pills and white and burnt orange elongated pills inside the large baggie. The state trooper said some of the drugs were inside smaller plastic bags inside the larger baggie.

“All the baggies were tied in knots,” she added.

Ptl. Tyler Condlin said he had been called to Willow Street as part of the home invasion investigation that resulted in Lloyd being taken into custody after he voluntarily emerged from an apartment at 40 Willow St. after talking to a police officer. He said Jandrew had been taken into custody after a search of her apartment turned up drugs and drug paraphernalia.

Ptl. Condlin testified he and Ptl. Ian Vanier placed Jandrew in a police vehicle.

“She stated she had something to tell us, stated that she had placed drugs up in her body cavity,” he said.

He noted his fellow officer had expressed concern about Jandrew’s health if the bag burst.

“We told her we would have a female officer meet her at our station to assist in the removal of said baggie. Ptl. Vanier had expressed concern for her safety with having drugs in that area,” Ptl. Condlin noted.

He said he had tested a small amount of the white powdery substance located in the ZipLoc baggie turned over to him by Tpr. Simpson, and that material tested positive for cocaine. He said there was a large piece of the white powdery substance as well as four other small baggies that appeared to be packaged for sale containing a white powdery substance.

In other recent court action before Judge Crandall:

■ Joseph F. Ward, 54, of 168 Ruddy Road, Chase Mills, was fined $250 and a $125 surcharge after a second-degree menacing count was reduced to a second-degree harassment and fined an additional $250 after a fourth-degree criminal possession of a weapon count was reduced to a disorderly conduct violation. The court also signed a one-year order of protection directing Ward to have no contact with David Dubray.

The court stipulated Ward would be able to apply for the return of his weapon in October 2014 when the order of protection expires.

Ward is charged with pulling a single shot 410 shotgun out of his vehicle parked in the driveway at 15 Amherst Road late the night of June 13 and pointing it at Mr. Dubray after the two men had been involved in a brief physical confrontation.

Ward, in the statement he provided police, said he was assisting Samantha Valdez move items out of her late mother’s residence at 15 Amherst Road when the confrontation with Mr. Dubray took place. Mr. Dubray, described in court papers as Ms. Valdez’s ex-boyfriend, told police he had been straying with her since being released from an out-of-state prison two weeks prior.

Ward told police Ms. Valdez had asked him for his assistance since she needed his truck to move some of the larger items from the property. He said he was in the garage looking at a dresser he was preparing to move when Mr. Dubray entered the garage uninvited and started screaming at him to get off the property.

Sandy Badder, who was also in the garage, said Ms. Valdez had immediately stepped between Mr. Dubray and Ward in an effort to de-escalate the situation, but she said Dubray was not deterred.

“Dave called Joe a sick ... He told him he was going to kill him, then went over and shoved him,” she said in the statement she signed for police.

Ward said Mr. Dubray had grabbed him by the face and pushed him backwards, noting he fell to the ground. He said Mr. Dubray continued to scream at him to leave, and Ms. Valdez continued to try to keep the two parties separated.

“I tried to get by him and Sam and out the garage door, and the whole time he was pushing and grabbing at me over the top of Sam,” he said in his statement, noting he was able to get out of the garage but Mr. Dubray followed him into the driveway.

“The next thing I know he punched me in the left eye from behind. I fell against the truck and then went to the front door of the truck and grabbed my 410 single shotgun. I had a shell for the gun in my right hand, and the gun in the other hand. I swung around to scare Dave. I wasn’t going to shoot him. I just wanted to scare him so he would leave me alone,” Ward told police.

He said Mr. Dubray grabbed the gun, and the two men grappled for the gun and the shell in the driveway. Ward said the shell fell out of his hand while it was being squeezed by Mr. Dubray, and he asked Ms. Badder to call the police when the two men were wrestling for control of the shotgun.

Ward said Mr. Dubray immediately released his hold on the shotgun when Ms. Badder reported the incident to police. Ward said he then put the gun back in his vehicle.

He said Mr. Dubray then warned him the incident was likely to result in Ward being sent to jail, and he said Mr. Dubray offered to take the gun and hide it in the backyard. He said Mr. Dubray also encouraged Ms. Badder to call the police back and tell them the situation had been resolved and police intervention was not necessary.

Mr. Dubray, in his statement to police, acknowledged he had confronted Ward in the garage. He said after receiving a text from Ms. Valdez informing him she was going to be unable to hang out with him that evening, he decided to walk over and check on her and found Ward in the garage.

“I started yelling at Joe to leave, telling him that I already warned him about being around Samantha and our family,” Mr. Dubray told police in a statement that alleged Ward was a bad influence on Ms. Valdez. “I did tell him I was going to beat him if he kept coming around Samantha.”

He said he followed Ward out of the garage after Ms. Valdez let go of him.

“I walked out of the garage and as I turned around the corner to the house I noticed Joe had a rifle in his hands. Joe put the barrel of the gun up to my chest and told me he was going to kill me. I noticed the hammer of the shotgun was cocked back. With the look on Joe’s face, I did feel he was going to shoot me,” Mr. Dubray said.

Mr. Dubray said he grabbed for the gun but Ward wouldn’t release it.

“I punched him one time in the face, and drove the barrel to the ground to try and pry it from Joe,” he said, noting he was eventually able to gain control of the weapon and remove the shell from the shotgun.

He said Ward then regained control of the shotgun and put it back in is truck.

“Joe and I then started to have a civil conversation, and he ended up giving me a cigarette. I told Joe why I didn’t want him around Samantha and my kids, and he understood. Soon after, the police arrived,” Mr. Dubray said.

■ Joshua A. Barrett, 25, of 74 Ames St., Massena, was fined $500 and a $93 surcharge following a guilty plea after a felony count of first-degree aggravated unlicensed operation of a motor vehicle count was reduce to a misdemeanor count of third-degree aggravated unlicensed operation. He was released from the St. Lawrence County Correctional Facility on Dec. 9, with credit for time served after serving a 30-day jail term that was part of the plea bargain agreement. He had entered the jail on Nov. 25.

Barrett had been charged following a traffic stop at 4:28 p.m. Aug. 31 on County Route 42 in the town of Massena. Court documents said he had 13 scofflaws on 10 different dates. He had previously been sentenced to seven days in jail for a second-degree AUO conviction.

In recent court action before Massena Town Justice Gerald P. Sharlow:

■ Misty C. Swamp, 35, of 42 Sweet Grass Lane, Hogansburg, was fined $300 and a $260 after pleading guilty to a reduced count of driving while ability impaired. Her operating privileges were suspended for 90 days.

Massena-based state police had charged Swamp with driving while intoxicated and ticketed her for an equipment violation for having inadequate safety glass at 12:31 a.m. Aug. 30. She reportedly had a blood alcohol content of 0.17 percent. State police said Swamp was turned over to troopers by U.S. Customs and Border Protection officers after an inspection at the U.S. port of entry in Massena.

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