Press Release - Elmendorf Appeal

PRESS RELEASE

From:  Holley Carnright

Dated:  July 29, 2016

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Yesterday, the Appellate Division Third Department unanimously affirmed the June, 2014 conviction of Justin Elmendorf upon his plea of guilty convicting him of the crime of Burglary in the First Degree, a Class B violent felony.

Defendant’s conviction stems from an incident which occurred on October 14, 2013 in the Town of Olive.  On that day, acting in concert with his friend, Michael Sanicola, the defendant kicked down the door of his neighbor’s home, stole a number of rifles, a handgun and a dirt bike.  Sometime later the two accomplices returned to the victim’s residence and attempted to burn the house and garage down by dousing the structures with gasoline and lighting them on fire.  The defendant in fact threw a Molotov cocktail into the living room to ignite the residence.  Soon thereafter firefighters and police responded to the scene.

On March 11, 2014, defendant waived indictment and pled guilty in the Ulster County Court to Burglary in the First Degree, pursuant to a Superior Court Information, and agreed to be sentenced to 12 years in state prison followed by five years of post release supervision.  However, during the course of the sentencing proceedings when defendant became belligerent and disrespectful and threatened violence to the court, the court refused to abide by the agreement.  After giving defendant the option of withdrawing his plea or being sentenced without any promise as to the sentence to be imposed, defendant indicated he wanted to go forward with sentencing.   County Court then sentenced him to a 15 year state prison sentence with five years of post release supervision.

On appeal, defendant argued that the enhanced sentence was unduly harsh and severe.  The Third Department, however, rejected defendant’s claim in light of the gravity of the crimes, his criminal history and evidence that he would continue to commit crimes in the future.

On appeal, defendant is represented by Assistant Public Defender Michael K. Gould.  Assistant District Attorney Joan Gudesblatt Lamb handled the appeal for the District Attorney’s Office.

Press Release - Sarra Gilbert

FROM: HOLLEY CARNRIGHT

DATE: JULY 25, 2016

RE: PRESS RELEASE – SARRA GILBERT

Following is a Press Release issued by the Ellenville Police Department regarding the arrest of Sarra Gilbert on the charge of Murder in the second degree.  Gilbert is being held in the Ulster County Jail without bail pending action of the Ulster County Grand Jury.

Gilbert had been indicted by an Ulster County Grand Jury on May 12, 2016 for Aggravated Cruelty to Animals and Endangering the Welfare of a Child for an incident that took place on February 19, 2016 concerning the intentional drowning of a puppy.  That indictment remains pending.

Gilbert’s arrest follows two other domestic violence murders this Summer, People v Earl Edwards and People v Karon Bowden, and a fourth homicide, People v Kayla Pagan, regarding the death of a ten month old child. Both Edwards and Bowden have been indicted for Murder in the second degree.  Pagan is pending the action of the Grand Jury.

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                                                                     PRESS RELEASE

The Ellenville Police Department in conjunction with the New York State Police in Ellenville, Ulster County Sheriff Department, and the Ulster County District Attorney’s Office are still actively conducting an investigation into a homicide that occurred in the Village of Ellenville on Saturday July 23, 2016, in the early morning hours. At this point, the following information has been developed as a result of this investigation. At 1:45pm on Saturday July 23, 2016, a call was made to the Ellenville Police Department from the sister Sherre Gilbert requesting that the police go to 9 Warren Street Apartment 2 to check on the Welfare of her mother Mari Gilbert. Officers arrived, observed the mother’s car in the driveway, and attempted to make contact, having no answer at the door, they began to check all windows for access. One of the officers observed through a window what appeared to be a body lying on the floor, he immediately called for the rescue squad to respond. The Officer immediately made entry into the residence, and was observed by Sarra Gilbert in the kitchen area. Ms Gilbert had blood on her clothing, and she was detained by police at the scene. She was later taken to the Ellenville Police Department for questioning, and as previously stated has been charged with Murder in the Second Degree in connection with this incident. 

The scene was secured, and investigation was launched as previously reported. The Medical examiner responded to the scene, and the body was taken to the Kingston Hospital for an autopsy. The autopsy was conducted this morning Monday July 25, 2016 at 715am in Kingston by Dr Michael Sikiricka, and the official cause of death listed as homicide, due to multiple stab wounds. 

Police have recovered what they believe to be the weapon used in this case at the scene. The investigation is continuing at this time.   

Press Release - Sarra Gilbert

FROM: HOLLEY CARNRIGHT

DATE: JULY 25, 2016

RE: PRESS RELEASE – SARRA GILBERT

Following is a Press Release issued by the Ellenville Police Department regarding the arrest of Sarra Gilbert on the charge of Murder in the second degree.  Gilbert is being held in the Ulster County Jail without bail pending action of the Ulster County Grand Jury.

Gilbert had been indicted by an Ulster County Grand Jury on May 12, 2016 for Aggravated Cruelty to Animals and Endangering the Welfare of a Child for an incident that took place on February 19, 2016 concerning the intentional drowning of a puppy.  That indictment remains pending.

Gilbert’s arrest follows two other domestic violence murders this Summer, People v Earl Edwards and People v Karon Bowden, and a fourth homicide, People v Kayla Pagan, regarding the death of a ten month old child. Both Edwards and Bowden have been indicted for Murder in the second degree.  Pagan is pending the action of the Grand Jury.

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                                                                     PRESS RELEASE

The Ellenville Police Department in conjunction with the New York State Police in Ellenville, Ulster County Sheriff Department, and the Ulster County District Attorney’s Office are still actively conducting an investigation into a homicide that occurred in the Village of Ellenville on Saturday July 23, 2016, in the early morning hours. At this point, the following information has been developed as a result of this investigation. At 1:45pm on Saturday July 23, 2016, a call was made to the Ellenville Police Department from the sister Sherre Gilbert requesting that the police go to 9 Warren Street Apartment 2 to check on the Welfare of her mother Mari Gilbert. Officers arrived, observed the mother’s car in the driveway, and attempted to make contact, having no answer at the door, they began to check all windows for access. One of the officers observed through a window what appeared to be a body lying on the floor, he immediately called for the rescue squad to respond. The Officer immediately made entry into the residence, and was observed by Sarra Gilbert in the kitchen area. Ms Gilbert had blood on her clothing, and she was detained by police at the scene. She was later taken to the Ellenville Police Department for questioning, and as previously stated has been charged with Murder in the Second Degree in connection with this incident. 

The scene was secured, and investigation was launched as previously reported. The Medical examiner responded to the scene, and the body was taken to the Kingston Hospital for an autopsy. The autopsy was conducted this morning Monday July 25, 2016 at 715am in Kingston by Dr Michael Sikiricka, and the official cause of death listed as homicide, due to multiple stab wounds. 

Police have recovered what they believe to be the weapon used in this case at the scene. The investigation is continuing at this time.