Press Release - John Tozzi

FROM: HOLLEY CARNRIGHT

DATE: FEBRUARY 17, 2016

RE: PRESS RELEASE – JOHN TOZZI

On October 24, 2015 officers of the New Paltz Police Department went to the apartment of John Tozzi at Route 32 South in the Town of New Paltz in response to a domestic violence complaint filed earlier that evening.  As one of the officers approached the door to the apartment his partner observed, through a window, a man approaching the door with a gun.  Just as the officer called out to his partner the occupant, John Tozzi, fired one round from a high powered rifle, which round went through the metal door where the officer had been standing a moment before.

Multiple officers arrived at the Tozzi residence.  From his barricaded position inside, Tozzi fired at least eight more rounds at officers as they took cover crouched behind their cars.  Three separate police vehicles were struck.  During the stand-off, as Tozzi approached a back window, an officer returned fire firing one round which struck Tozzi in the chest.  He was taken to a Westchester County hospital where he remained until approximately two weeks ago when he was transferred to a local medical facility. His condition deteriorated and, earlier this week, he died.

At the direction of and in cooperation with this office, no criminal charges were filed against Tozzi.  Instead, I advised the agencies involved that this office was preparing a presentation to the Ulster County Grand Jury seeking an indictment for multiple counts of Attempted Murder in the first degree (murder of a police officer) against Tozzi.  The reason for not filing the charges before the Grand Jury presentation was simply a practical one.  Once charges are filed against a defendant that individual becomes the responsibility of the arresting agency.  Here it would have become necessary to post around the clock security at the hospital.  In addition, I am advised that potentially, expenses regarding medical procedures following arrest could become the responsibility of the county.  Given Mr. Tozzi’s condition and the fact that he was not medically able to leave the hospital, I suggested that we delay the filing of the criminal charges pending the Grand Jury indictment and we have been monitoring Mr. Tozzi’s medical condition.

It has been the policy of this office to present police officer related shooting incidents to the Grand Jury and it is our intent to do so in this instance as well.  That matter has not yet been scheduled.  The fact that that case will be presented to the Grand Jury in no way reflects an opinion one way or the other regarding any wrong doing.  Parenthetically, at the time of this incident, the New York State Attorney General’s Office was advised of the circumstances.

Press Release - Meredith McSpirit

TO: MEDIA

FROM: HOLLEY CARNRIGHT

DATE: FEBRUARY 10, 2016

RE: PRESS RELEASE - GRAND JURY INVESTIGATION COMPLETED REGARDING THE DEATHS OF JONTE CLARK, DANTE CRUMP, ADAM “JEFF” MCQUEEN, AND KAIREEM MEEKS JR, IN SAUGERTIES ON AUGUST 26, 2015.

At approximately 11:35 AM on August 26, 2015, police and emergency rescue workers responded to the area of 76 Dock Street in the Village of Saugerties and found an overturned vehicle. The vehicle had been driven over an embankment near Montgomery Street, became airborne, and landed on Dock Street.  The vehicle was operated at the time of the incident by 20 year old Meredith McSpirit.  In the vehicle were four passengers, Jonte Clark, Dante Crump, Adam “Jeff” McQueen and Kaireem Meeks Jr.  All four passengers were killed.

The January 5^th, 2016 term of the Ulster County Grand Jury, after hearing evidence for several days from numerous witnesses, determined not to file criminal charges relating to this incident.

There are strict laws which prohibit me from sharing detailed information concerning the evidence that was presented to the Grand Jury.  However, there is some information that I can provide, information that was developed from the investigation prior to the Grand Jury proceeding.

My office was involved in the investigation of this matter from the onset.  I find the investigation conducted by the Town of Saugerties Police Department to be thorough and professional. We have also sought the assistance of various resources from the NYS Police.

Central to the investigation was the question whether there was evidence to suggest that the vehicle’s operator was impaired at the time of the operation of the vehicle.  That part of the investigation included interviews of individuals who had contact with or worked with Ms. McSpirit that morning, video of the operation of the vehicle prior to the crash, statements made by Ms. McSpirit to both medical personnel and law enforcement, and laboratory analysis of her blood.  The Grand Jury found that no such evidence of impairment exists.

In addition to the above inquiry our investigation included an accident reconstruction, analysis of the speed of operation of the vehicle, and an examination of the vehicle itself for mechanical defects.

Prior to this release we have spoken with many of the survivors of the four young men who were killed.  It is troubling, at best, not to be able to give them a concrete explanation as to how this terrible, terrible, tragedy occurred. The collective prayers and sympathies of my staff and the many investigators involved in this matter go out to them, small solace in the face of such a loss.

Press Release - Allen Erhard Sentence

TO:     MEDIA

FROM:   HOLLEY CARNRIGHT

        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   FEBRUARY 8, 2016

SUBJECT: PRESS RELEASE

On February 8, 2016, Allen Erhard, age 61, was sentenced by the Honorable Richard Mott to nine months in the Ulster County Jail for his conviction to a February 18^th, 2014 felony Aggravated Unlicensed Operation of a motor vehicle in the first degree,  and nine months in the Ulster County Jail for a March 26th, 2015 Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree conviction, where he was driving while impaired after his license had been revoked for DWI. 

At the time of sentencing both the District Attorney’s Office and the Ulster County Probation Department recommended that the defendant be sentenced to state prison based upon his extensive criminal history.  In addition to the 2014 and 2015 charges referenced above the defendant has out of county DWI convictions which include a 2010 felony DWI for which he was sentenced to state prison, two additional felony DWIs (2004 and 1996) for which he received probationary sentences, a misdemeanor DWI conviction for which he was placed on probation, a misdemeanor DWI for which he was given a conditional discharge and three other alcohol related offenses which were reduced or plea bargained.

 

 

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES: BROOKLYN MAN CONVICTED OF TWO COUNTS OF WEAPON POSSESSION AND RECKLESS ENDANGERMENT   

Riis Silver, AKA “Flea”, 22, of Decatur Street in Brooklyn was found guilty by a jury of six men and six women on Thursday, February 4, 2016,  following a three day trial in Ulster County Court of two counts of Criminal Possession of a Weapon in the Second Degree, as well as one count of Reckless Endangerment in the First Degree.  The defendant faces up to fifteen years in state prison.   Ulster County Court Judge, Hon Donald A. Williams, scheduled the sentencing for April 8, 2016.   

The defendant was convicted of shooting an illegal .40 caliber handgun at a woman on October 26, 2014, at the corner of Cedar Street and Prospect Street, in the City of Kingston.  The defendant fired seven shots striking her vehicle in the fender, hood and the windshield.  The defendant left the scene and was subsequently arrested for drug and illegal gun charges in the State of Delaware.  The defendant pled guilty on July 15, 2015 to Drug Dealing Tier 4 Heroin, in Superior Court, Georgetown Delaware and was serving a four year sentence when he was extradited back to New York to face these charges on September 4, 2015.   

The defendant is a known member of the “Sex, Money Murder” gang. 

            The case was investigated by the Kingston Police Department, which was also instrumental in tracking down the defendant and producing him from Sussex Correctional Facility in Georgetown. 

The case was tried by Assistant District Attorney Joey Drillings.  The defendant is represented by Mariann Connolly, Esq. of the Public Defender’s Office in Kingston. 

 

Patrick Ferguson

The Appellate Division, Third Department has unanimously affirmed the May 15, 2013 conviction of Patrick Ferguson upon a jury verdict convicting him of the crime of robbery in the first degree, a class B violent felony.  

Defendant’s conviction stems from an incident which occurred in the early evening hours of May 20, 2012 during which the victim, a native of Honduras, was approached and attacked at knifepoint by the defendant and co-defendant Rosie Ramirez, near Broadway and Downs Street in the City of Kingston.  After the victim was accosted, the defendant put a knife to his throat and forced him into the first floor apartment at 190 Tremper Avenue where the defendant and Ramirez both lived.  Once inside, a violent struggle ensued during which the defendant was cut by the knife.  The victim eventually managed to escape from the apartment, but only after the defendant tried to stab him and stole his valuables, including cash and a gold ring.   

Following his conviction, defendant was sentenced by County Court Judge Donald A. Williams to a 10 year term of imprisonment to be followed by five years of post-release supervision and ordered to pay restitution to the victim in the amount of $1,400. 

On appeal, the defendant, attacking the validity of the search warrant executed by Kingston Police, argued only that there was no basis to justify the issuance of an all hours warrant.  The Appellate Division, Third Department, however, disagreed with defendant’s assertions, noting that the nighttime search of the defendant’s apartment was reasonably necessary because of the potential loss of evidence which was essential to the continued progress of the investigation and the whereabouts of the suspects of this violent crime were still unknown.  

On appeal, the defendant is represented by Marshall Nadan, Esq. of Kingston, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

 

census bureau survey

 

 I’VE BEEN CONTACTED BY THE U.S. CENSUS BUREAU. IS THIS A REAL SURVEY?

According to the District Attorney’s Division of Consumer Affairs, to verify the legitimacy of a survey, call the Census Bureau’s New York Regional Office at 212-584-3400 or 1-800-991-2520. Many questions about the Bureau and its mission can be answered on the website, www.census.gov.

 

Consumer Affairs can be reached at 340-3260.

 

Michael Mink

SUBJECT: PRESS RELEASE – MICHAEL MINK

 

 

On February 1, 2016, a jury of 7 men and 5 women convicted Michael Mink, of Albany, New York, age 40, of the crimes of Driving While Intoxicated, and Aggravated Unlicensed Operation of a Motor Vehicle in the 1^st Degree, class E felonies. The jury found that on February 20, 2014 the defendant was driving a gray Chrysler, while intoxicated, on Queens Highway in the Town of Rochester.  At the time he was driving the vehicle, the defendant’s license had been revoked as a result of a prior felony DWI conviction.   

The evidence at trial showed that on February 20, 2014, at approximately 9:30 pm, Deputy Kyle Frano, of the Ulster County Sheriff’s Office was responding to a 911 call for a fight on Cathy Jo Place in Accord, NY.  While responding to that location, information was developed that the defendant had left the scene in a gray Chrysler sedan and was driving in an intoxicated condition on Queens Highway heading toward Route 209, intending to drive back to his residence in Albany.  While this information was being relayed, Deputy Frano, observed the vehicle on Queens Highway.  As Deputy Frano was turning around the gray Chrysler pulled into the Citgo gas station located on the corner of Queens Highway and Route 209.  In the Citgo gas station parking lot Deputy Frano observed the defendant exiting the driver’s seat of the vehicle and his girlfriend coming around the vehicle.  The defendant attempted to convince the Deputy that his girlfriend had been driving the vehicle.  However, a video from the camera located in Deputy Frano’s police vehicle showed defendant’s girlfriend stating that she had not been operating the vehicle that night.  

At trial, defendant’s girlfriend attempted to convince the jury that, despite what she said in the video, she had been the driver.  Upon his arrest for DWI, the defendant had refused to submit to a breathalyzer test and the evidence of his refusal was presented to the jury. 

This is the defendant’s fourth conviction for an alcohol related driving offense and second felony DWI.  Assistant District Attorney Lisa Bondarenka prosecuted the case.  The defendant was represented by Kevin O’Brien, Esq. of Anelli Xavier.

 

 

MICHAEL ORAMAS

 

RE:     People v. Michael Oramas                 

     ACCORD MAN GETS JAIL FOR KILLING GIRLFRIEND’S DOG

       A 31-year-old Accord man was sentenced Thursday in Ulster County Court to six months in jail and five years of probation for killing his girlfriend’s dachshund dog, Roxy. Judge Williams granted the DA’s request that Oramas receive counseling and forfeit his right to own or care for any animal after his release from prison.  

In October of 2015 Oramas pleaded guilty in Ulster County Court admitting that he had inflicted injuries that caused Roxy’s death on March 26, 2015. Roxy died from blunt force trauma injuries which included broken ribs, punctured lung, and broken mandible, as well as other internal injuries inflicted upon her for urinating on household furniture. Roxy was 8 years old.  

According to the Assistant DA, Emmanuel Nneji, the dog’s owner has a four year old son and is engaged to, and resides with, Oramas; she was present in court and sought to have him sentenced to probation with counseling.