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Massena man awaits evaluation to determine sentence

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CANTON — A Massena man’s fate was left in the hands of a chemical dependency evaluation after he failed to complete the terms of his interim probation Monday morning in St. Lawrence County Court.

County Judge Jerome J. Richards has again adjourned the sentencing of Timothy A. Wilson, 42, of 50 George St., after his attorney, St. Lawrence County Public Defender Stephen D. Button, said Mr. Wilson had suffered from relapses and is in need of treatment.

On Aug. 30, Mr. Wilson appeared before Judge Richards after being arrested on a warrant for multiple failures to comply with probation conditions, including testing positive for cocaine and marijuana and attending an event at the Massena Rod & Gun Club, where there is a bar that serves alcohol. As a part of his probation sentence, he was not to enter establishments that serve alcohol.

Mr. Button told Judge Richards that Mr. Wilson continued to refrain from consuming alcohol.

“Mr. Wilson is someone with a problem and is someone looking to remedy his problem,” Mr. Button said, adding that Mr. Wilson had even taken the initiative to set up an appointment to be evaluated for chemical dependency.

“I just want to be given a chance,” Mr. Wilson told the judge. “I promise you, sir, you will never see my name or face in this court again.”

Judge Richards said that probation suggested prison, something he said he didn’t disagree with at this stage in the game. However, he gave Mr. Wilson two options for his April 30, 2012, guilty plea to a class D felony driving while intoxicated charge: either adjourn his sentencing and go back to jail to await an evaluation or be sentenced immediately to 1 to 4 years in state prison.

Even with Mr. Wilson’s choice to adjourn the sentencing in anticipation of an evaluation, jail time is still an option, Judge Richards said.

If the results of the evaluation suggest Mr. Wilson be entered into inpatient treatment, he will be given the option to complete treatment successfully and earn another year of interim probation and a reduced charge of a class E felony. If he is unsuccessful, he will be sentenced to 2/ to seven years in state prison.

Additionally, if Mr. Wilson is advised to participate in outpatient treatment after his evaluation, he still will face 1 to 4 years in prison.

He was sent to St. Lawrence County jail awaiting his evaluation and is scheduled to return to court Oct. 4.

In other court action Monday:

Joseph A. Peterkin, 32, of Brooklyn, pleaded not guilty to two counts of third-degree criminal sale of a controlled substance and two counts of third-degree criminal possession of a controlled substance, all class B felonies. He was released under probation supervision after testing positive for THC, or tetrahydrocannabinol, and admitting to probation officials before pleading that he had smoked marijuana.

It is alleged that Mr. Peterkin, who police said goes by the name “Drama,” possessed cocaine and sold it to another person in Ogdensburg.

He was arrested by city police as part of a raid at 309 Montgomery St. At the time, he was wanted for absconding from parole release on a narcotics charge.

The search also led to the discovery of a teenager staying at the residence who had been brought there from North Carolina to help with crack cocaine sales, police said. They said the minor was brought to New York without the knowledge of his parents, who had discovered him missing May 29. He was turned over to the county Social Services Department, which arranged for him to be returned home, police said.

Andrew J. Regan, 33, of 136 Regan Road, Norwood, pleaded not guilty to first-degree rape, a class B violent felony, and was released under probation supervision. He was arrested by state police Feb. 13 following a lengthy investigation into an alleged rape that was reported Aug. 9, 2009. He is accused of having sexual intercourse with a woman, now 27, who is incapable of consent by reason of being physically helpless.

Timothy J. Green, 31, of 13 Pine St. Apt. B, Canton, was sentenced to one year of interim probation for first-degree scheme to defraud, a class E felony. Mr. Green issued four checks totaling $201.69 to the Potsdam IGA supermarket in June 2012. All were returned for insufficient funds. On June 27, 2009, Mr. Greene used 16 invalid checks for purchases at Price Chopper, Bressette’s Bottles N Beverage and Rex Hardware totaling $1,078.

Sentencing was adjourned to Aug. 25, 2014, and Mr. Green was ordered to pay $2,143.27 in restitution .

Justin L. Chalupa, 23, 18 Johnston St., Gouverneur, was sentenced to five years’ probation after his June 14 guilty plea to third-degree burglary, a class D felony.

Mr. Chalupa also was ordered to pay $1,804 and $ 375 in court fines, fees and surcharges.

In court action Thursday:

Chauncey J. Pray, 23, of 76 Demot St., Hammond,was sentenced to a maximum of 4 years in state prison for the class D felony of third-degree robbery, after his robbery of Ogdensburg taxi driver Keri J. Lasiege.

In a letter addressed to the court, Ms. Lasiege recalled the Feb. 4 night Mr. Pray grabbed her while the cab was in motion and forced the vehicle into a park near Knox and Clark streets. She said she freed herself from Mr. Pray’s grasp after he removed a cellphone and the vehicle’s keys.

Mr. Pray already had been denied entry into the Judicial Diversion Program twice, the last time in July, as the team that reviews applicants decided that entering him into the program would create a safety issue for the community. It recommended incarceration.

In addition to jail time, Mr. Pray was ordered to pay $77 in restitution and $50 court fees.

Sidney M. Belile, 49, of 8714 Route 56, Raymondville, the former commander of the Sons of the Legion at American Legion Post 68, Norwood, who allegedly embezzled $1,240 from the American Legion bank account, was released under probation supervision after an adjournment of his sentencing.

Mr. Belile pleaded guilty to the reduced charge of second-degree criminal possession of a forged instrument, a class D felony. Sentencing was adjourned to Oct. 18.

Shawn R. McIntyre, 28, of 1553 Route 812, Gouverneur, was sentenced to five years’ probation after a June 3 guilty plea to aggravated DWI, a class E felony. He was arrested Oct. 21 for operating a 2005 Dodge on Route 58 with a blood alcohol content of 0.22 percent. Aggravated DWI is charged when the BAC is 0.18 percent or more. Mr. McIntyre had misdemeanor DWI conviction in 2006, prosecutors said.

In addition to probation, he was ordered to pay $2,070 in court fines, fees and surcharges, and his driver’s license was revoked.

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