Thursday, February 19, 2009

Man accused of DWI had teen girls in car

RIDGE: Man accused of DWI had teen girls in car



A man was arrested early yesterday after he was caught driving drunk in Ridge with two 14-year-old girls in his car, police said.

Matthew Rayola, 28, of Port Jefferson, was charged with driving while intoxicated and two counts of endangering the welfare of a child, police said.

The traffic stop leading to the arrest occurred on Route 25 and Pine Bark Road at 12:20 a.m. yesterday.

Seventh Precinct Officer Christopher Steimel noticed a Volkswagen Jetta idling on the shoulder, thought it seemed suspicious and decided to investigate, police said.

The officer found Rayola of East Broadway in Port Jefferson behind the wheel and the two girls in the car, police said.

Police did not say how the girls knew Rayola.



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Wednesday, February 18, 2009

Police and fire briefs for Feb. 18, 2009

Police and fire briefs for Feb. 18, 2009

Police: Pair involved in other robberies

Two men booked into Parish Prison earlier this month on armed robbery counts were accused Tuesday of being involved in a string of other incidents.

Joshua Washington, 25, 3008 72nd Ave., and Corey Henry, 17, 4966 Crown Ave., were arrested Feb. 4 after robbing a clerk at the Pizza Hut at 4763 Airline Highway, said Cpl. L’Jean McKneely, a police spokesman.

Washington was booked on three counts of armed robbery, McKneely said. Henry was booked on one count of armed robbery. 

Since then, Washington has been booked with three additional counts of armed robbery, McKneely said. Henry has been booked with nine additional counts. 

All 14 incidents occurred between Aug. 2 and Feb. 4, McKneely said. Washington and Henry committed six of the armed robberies together, he added


EBR authorities book one in DWI

Authorities arrested at least one person suspected of driving while intoxicated in East Baton Rouge Parish and booked him into Parish Prison between 3 p.m. Monday and 3 p.m. Tuesday, booking records show. That person and the counts against him was Jesse Lee Hatheway, 22, 12074 New Castle Ave., first-offense DWI and failure to maintain control. 

Compiled from staff reports. To talk to a crime reporter at The Advocate, call (225) 388-0369.



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Police notes Feb. 18

Police notes Feb. 18

The Santa Fe Police Department is investigating the following reports:

*Police arrested Samuel Torres, no age or address provided, on Sunday and charged him with burglary.

*A 42-inch LCD television was stolen Monday from a residence in the 1700 block of Purple Aster. 

*Two unidentified men stole a 30-pack of Budweiser beer from Smith's, 2110 Pacheco St., on Tuesday. When a store manager attempted to stop the men, one of them pulled a knife on him. The men fled in a white Ford F-150 pickup. 

The Santa Fe County Sheriff's Department is investigating the following reports: 

*A resident of Chalan Road reported sending $4,285 to an address in Dallas in December to purchase a vehicle from eBay. The resident hasn't heard back from the person since and has not received the car. 

*Deputies arrested Nicole Sena, 37, address unavailable, on Monday and charged her with battery on a health care provider after she struck a paramedic in the face.

*Deputies arrested Joseph Gonzales, 19, address unavailable, on Monday and charged him with battery on a household member. 

The New Mexico State Police Department is investigating the following reports: 

*Officers arrested Jessica James, 22, of EspaƱola on Sunday and charged her with aggravated DWI and careless driving. James' breath-alcohol content was .22, nearly three times the driving limit



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Two Cents

Two Cents

About the cuts for the county to save money, let's start with the mileage for the county legislators and their health insurance because they are only part-time people. 
 
Was the police officer who was involved in the motorcycle chase accident wearing a seatbelt?

It appears DA Jon Budelmann's mission is to subject Cayuga County to low standards and financial distress (Roy Brown, Indians, etc.). Family and friends are exempt while all others are held to the highest extent of the law as he sees fit.

I agree that names should be published. Like was said, names are published for minor stuff (DWI, unpaid taxes, etc.) which is baloney; somebody has names, regardless of the FOI that the newspaper put in.

Let's find out who the DPW thieves are, and let's get rid of them. Get rid of the head of the DPW, he makes a lot more money than he should, along with some of the other workers.




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Legislative tidbits, Feb. 18

Legislative tidbits, Feb. 18

Days remaining in session: 31

A vote for the exempts: On a party-line vote, the Senate Public Affairs Committee on Tuesday killed a measure (SB 424) that would cut the salaries of exempt state workers who make more than $75,000 by 10 percent.
Sen. Sue Wilson Beffort, R-Sandia Park, sponsored the measure.
In a news release, she said she is “receiving a lot of positive feedback from classified state employees who feel the bill makes things more equitable and they say it’s a morale boost to the entire classified state work force.”
Five Democrats on the committee voted to table the bill, effectively killing it. Three Republicans voted against tabling.

Pay the Chiropractor: A bill (HB561) pending in the House would require insurance companies to pay chiropractors the same reimbursement they pay to doctors for the same services.
Sponsored by Rep. Brian Egolf, D-Santa Fe, the bill is before the House Government and Urban Affairs Committee.


Looking Ahead: The Senate will have an early-morning floor session today so members can attend the funeral service of Patty Jennings, wife of Senate President Pro Tem Tim Jennings, who died over the weekend. The service is in Roswell.
Today is DWI day at the Legislature. Gov. Bill Richardson is scheduled to speak at the Rotunda at 10:30 a.m.
The session will be half over on Thursday. That’s also the last day to introduce bills this session.

Quote of the day:

“Mr. Speaker, I’m missing a sandwich and I’m going to have to do without lunch...Can I send out security or the FBI?”
— Rep. Ed Sandoval, D-Albuquerque, during House floor session.  



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DA defends high-profile DWI dismissal

DA defends high-profile  DWI dismissal

ALBUQUERQUE - A repeat drunken driver whose DWI dismissals far outnumber his convictions escaped another DWI charge last month when the Bernalillo County District Attorney’s Office decided not to prosecute.

Court records show William Marchiondo, 57, with nine DWI arrests dating back to 1985. Two of those cases resulted in convictions.

"It should be a huge red flag," DWI Resource Center Director Linda Atkinson told News 13. "It should be huge for anybody that looks through these records."

Marchiondo faced his last DWI arrest in March 2008. Police found him passed out behind the wheel in northeast Albuquerque with the car still in gear, according to the criminal complaint.

His breath alcohol test came back with a reported result of 0.12, well above the 0.08 legal limit for presumed intoxication.

Late last month the Bernalillo County district attorney’s office decided not to prosecute the case.

"We moved through the normal process and actually had a trial date set for this case," district attorney spokesperson Pat Davis said.

But prosecutors later chose not to continue with case because of concerns the speedy trial rule had expired. Confusion arose after a vacated trial date that threw the case into limbo, Davis said.

"We shouldn’t be pursuing cases that we’re not confident we have a legal ground to stand on," Davis said. "And that’s the case here."

Court records show the DA’s office decision resulted in Marchiondo’s fifth DWI dismissal.

"I feel relatively safe in saying that he knows people," Atkinson said.

Marchiondo is the son of a prominent Albuquerque attorney. Davis, and Jason Bowles, Marchiondo’s defense attorney, deny any implication family connections played in Marchiondo’s favor.

"I am just as disappointed, as a citizen, to see that the system didn’t work in this case," Davis said. "But that doesn’t necessarily mean that it’s time to lay blame on one place or the other.

"What it means is we need to look at the system and how we can move this stuff through the process better."

Marchiondo’s first DWI conviction came in 1986. It was followed by a string of dismissals in 1991, 1992, 1997 and 2008 from arrests in Albuquerque, Santa Fe, and Moriarty.

The charge recently dismissed by prosecutors was laced with extensions to the judicial system’s six-month rule to prosecute. Marchiondo changed defense attorneys three times.

"It sparks my ire," Atkinson said. "I just don’t think we’re holding him accountable, and I don’t think it’s keeping the community safe."

Marchiondo is appealing his 2007 DWI conviction, but Davis said prosecutors are committed to defending the conviction.



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Canandaigua Supervisor Lloyd Kinnear's career is on the line

Canandaigua Supervisor Lloyd Kinnear's career is on the line

Lloyd Kinnear does not shy away from political fights, with his tart tongue and strongly held beliefs.

But the Canandaigua town supervisor is also in a court battle that could cost him his political career, stemming from his arrest in September on a charge of driving while intoxicated.

Slated for a pretrial hearing today, Kinnear said he's fighting an unfair public perception that he's guilty of the charges. And in his typical bluster, he's critical of how DWI cases are handled in Ontario County.

"The program is about making money for the sheriff's department. That's what DWI is in Ontario County," Kinnear said.

He said that if the county "was actually serious about taking care of DWI drivers, they would offer a diversion program," like the one in Monroe County that can result in second offenders pleading to reduced charges.

Kinnear, 45, emerged as a high-profile public figure after being elected supervisor of Canandaigua in 2005 on a promise of "straight talk, not fast talk."

His mouth, however, has sometimes worked faster than his mind, creating a sense of divisiveness, if not defiance, in public debate and resolution of issues.

That's what happened last month when, at a Town Board meeting, Kinnear responded to a question about a state bidding law that could cost Canandaigua money by blaming a "blind guy in Albany," referring to Gov. David Paterson.

Although this Republican supervisor has been praised for helping bring the town's property tax rate down to zero, Kinnear has often found himself on the short end of a 3-2 majority on an all-Republican Town Board trying to pave the way for more controlled growth that is protective of Canandaigua Lake.

Town of Canandaigua Republican Committee Chairwoman Yvonne Chavez recently called for Kinnear to step down, saying that he was "unable to set aside personal differences" with other board members and has failed to provide leadership.

Kinnear, who said others on the committee don't share her views, blames his political opposition on the board for intruding on the supervisor's authority and seeking costly proposals. Next month, he is supposed to tell the town Republican Committee whether he'll run again.

DWI woes

But Kinnear's DWI case puts him in a difficult predicament. "It would be premature to announce my candidacy because I don't want to give the impression to the D.A. or anybody else that I am going to 'beat the rap.' I don't want to have any false hopes," he said.

Kinnear rejects any suggestion that he has an alcohol problem.

"There may be a perceived problem. There is not a problem with drinking," he said.

The backdrop to the current case is Kinnear's 2005 DWI misdemeanor conviction, which resulted from an Aug. 2 arrest and a guilty plea two days later.

But in his pending case, Kinnear has much more to lose, since state law bars a public official convicted of a felony from continuing to serve in office.

Kinnear's latest DWI arrest resulted from an incident about 11:30 p.m. on Sept 5. The Mazda Kinnear was driving swerved off Strong Road in East Bloomfield before coming to a stop in a ditch, according to the Ontario County Sheriff's Office. He was subsequently indicted on charges of felony DWI.

Since his earlier conviction occurred within 10 years of his latest arrest, state law requires that Kinnear automatically be charged with a felony for his second offense.

Kinnear has filed a motion to suppress the results of his breath test, which court papers show recorded a 0.16 percent blood-alcohol level, twice the legal limit.

Ontario County District Attorney Michael Tantillo says in the court papers that Kinnear took the test after consulting with a lawyer, Michael Jones.

Tantillo said that Kinnear's case is being treated no differently from any similar situation. His office rarely allows a DWI defendant who has a DWI conviction during the past 10 years to plead to less than a felony.

"Most people arrested and convicted of DWI get the message and we never see them again," said Tantillo.

Responding to Kinnear's criticism, Tantillo said that the county, which has had the highest DWI conviction rate in the state for 24 of the past 25 years, is absolutely serious about DWI, and that fines from DWI cases go to the county's STOP-DWI program, which funds treatment and other initiatives to reduce drunken driving.

Kinnear's roots

Making sweeping statements is not new to Kinnear but rather the consequence of how he tends to frame issues.

"I look at things pretty much black and white. There is very little room for gray," said Kinnear, who credits his stepfather, Steve Swetz, a former state trooper, with showing him the need to define issues clearly.

Kinnear graduated from Cornell University in 1986 with a bachelor's degree in agricultural economics. He worked as a salesman and then as a manager for American Power Conversion Corp. until he and his wife, Melinda, an engineer who had worked for NASA, bought a 60-acre farm in the town of Canandaigua in 1991. They raise livestock and poultry as well as sell fresh eggs.

He also became active in the Farm Bureau and helped start the Canandaigua Farmers Market, serving as its first president.

That Kinnear's strong-mindedness can turn to defiance became evident three years ago. As Kinnear tells it, he was warned by the state Department of Agriculture and Markets in 2003 and again in 2006 that he could be fined for not refrigerating eggs that he sold at the Canandaigua Public Market. The requirement is that eggs be refrigerated at 45 degrees or colder as a safeguard against salmonella enteritis, which can result in food poisoning.

Rather than comply, he dropped out of the market after a federal inspector visited his farm. Kinnear feared the market might be shut down if he stayed.

"There is no way you can refrigerate eggs at 45 degrees when you are selling over 100 dozen of them in three hours. That was a ridiculous rule," he said.

Kinnear entered politics in 2005 when, in the supervisor's race, he defeated incumbent Democrat Sam Casella.

An admirer of Ronald Reagan, Kinnear has decorated the inside of his office with quotes by the late president. But the era of good feeling that Reagan brought to government can't be found at Town Hall.

"I am very demeaning of government," he said.



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Washington DC school bus driver arrested for DWI

A  Washington, D.C.  elementary school bus driver transporting a class full of students on a field trip in Virginia was arrested on Thursday...