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St. Lawrence County jail releases drug suspect while DA awaits lab results

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CANTON — A second person in two days was released on her own recognizance Friday from the St. Lawrence County jail as another indictment was not obtained by the district attorney’s office.

Darcelle L. Tomlin, 26, Elmira, was released after being incarcerated for 55 days. She was charged with first-degree promoting prison contraband, a class D felony, three counts of criminal possession of a controlled substance, a class B felony, and three counts of endangering the welfare of a child, a class A misdemeanor.

Ms. Tomlin, who had been represented by Public Defender Stephen D. Button’s office, was released without objection from District Attorney Nicole M. Duvé, who said her office was awaiting lab results before seeking an indictment.

Prosecutors have 45 days from the date of a felony arrest to bring an indictment, or an inmate may seek release while charges are pending. A Rochester man held on drug, robbery and assault charges in an Ogdensburg case was similarly released Thursday.

Ms. Tomlin, who was arrested April 21, is accused of trying to smuggle 50 latex fingertips filled with synthetic opiates into the Gouverneur Correctional Facility with her 6-year-old daughter while visiting an inmate, state police said. How she was allegedly transporting the contraband was unclear.

Ms. Tomlin’s daughter was placed with a foster family until arrangements could be made for relatives to take her, state police said.

In other court action Friday:

Robert J. Driscoll, 28, Ogdensburg, pleaded guilty to a count of driving while intoxicated, a class E felony, in a plea agreement after he crashed a 2001 Chevrolet on Feb. 19 on Pray Road in the town of Lisbon.

Mr. Driscoll had a blood alcohol content of 0.14 percent at the time of the crash, police said. He was previously convicted of driving while ability impaired by drugs in 2006, according to County Court Judge Jerome J. Richards, who released him under probation supervision and set a sentencing date of Sept. 9.

Melvin A. Compo, 36, Ogdensburg, was mandated to enter the St. Lawrence Addiction Treatment Center and serve a year of interim probation upon his completion of treatment in connection with a Feb. 22 guilty plea to third-degree criminal possession of marijuana, a class E felony, and to being a second felony offender. His sentencing was adjourned to Aug. 5.

James T. Kelly, 39, whose last known address was Norwood, was sentenced to two to four years in state prison. He pleaded guilty Jan. 3, 2008, to first-degree scheme to defraud, a class E felony, and as a second felony offender, Judge Richards said.

Mr. Kelly was a Norwood contractor at the time of the 2008 charges and failed to complete promised projects after being paid by clients. He was to be sentenced June 2, 2008, to two to four years in prison, and ordered to enter the state prison system’s Willard Drug Treatment Program, as long as he paid $16,328.06 restitution by sentencing. Had he completed the 90-day program, he would have been eligible to serve the remainder of his sentence under parole supervision; however, he absconded to Florida, where he was picked up on a warrant issued by Judge Richards.

Restitution of $16,328.06 was set Friday by Judge Richards and is to be deducted from any earnings Mr. Kelly has while incarcerated.

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