DA Annual Report 2016

                             2016

 

                 ULSTER COUNTY

             DISTRICT ATTORNEY

                ANNUAL REPORT

The District Attorney is an independently elected public official.  The District Attorney has the sole responsibility for the prosecution of all crimes and offenses which occur within the geographic confines of the county in which he holds office.

OUR MISSION STATEMENT

The simple fact is that public safety and economic prosperity go hand in hand.  One cannot exist without the other.  For us to prosper as a community, our citizens must be safe.

BUDGET

In 2016 the Ulster County District Attorney budget was $4,327,000.00. Of this total $3,408,800.00 was for personnel expenses. In 2016 our office received $773,299.00 in non-forfeiture, non-county taxpayer revenues which offset the non-personnel expenses.

COLLABORATION WITH OTHER COUNTY DEPARTMENTS OR OUTSIDE AGENCIES

The Department of Social Services: Investigation and prosecution of social services fraud, prosecution of deadbeat child support obligators, and our joint task force regarding Crimes Against Children through the Child Advocacy Center (CAC).

Police agencies: We work hand in hand with all police agencies that serve the people of Ulster County in training, investigations and prosecution of all criminal behavior committed in Ulster County.

State agencies: We collaborate with NYS Department of Tax and Finance, the NYS Comptroller’s Office and the NYS Attorney General’s Office.

Federal agencies: We work with the US Attorney’s Office and all federal agencies that assist them, to wit, the US Marshalls, the FBI, Customs and Immigration, Secret Service and AUSA.

2016 IN REVIEW

In 2016 we filed 189 indictments and 122 Superior Court (felony) Informations.  We conducted 14 felony jury trials which resulted in 7 convictions, 1 hung jury and 1 plea on the day of jury selection.  Our overall felony conviction rate, including felony pleas, was over 94%.

CARP: (Crimes Against Revenue). Under our Crimes Against Revenue prosecutions we recovered $304,671, and procured an additional $231,571 in court ordered restitution. Many of our fraud prosecutions are a result of our coordination with Ulster County Department of Social Services investigators. Through this coalition we entered into civil settlements as a result of fraud investigations that did not result in prosecutions but reduced the social services rolls by $44,024.

DOMESTIC VIOLENCE: We continue our fight against domestic violence. Domestic Incident Reports (DIR’s) in Ulster County in 2016 were 1846.  We will continue our focus on domestic violence awareness and prosecution and will continue to work closely with the Ulster County Interagency Council on Domestic Violence and the Ulster County Child Advocacy Center.

SIGNIFICANT CASES IN 2016

2016 saw a moderate (10%) increase in felony prosecutions driven primarily by a dramatic increase in narcotics cases (38%); assaults (73%) and homicides.  Last year we indicted 5 homicide cases and have 1 pending Grand Jury action.  2016 was the worst year for murder cases we have seen since I took office in 2008.

In addition to the significant cases that we prosecuted, 2016 stands out for two cases that did not result in criminal prosecution. The first involved the tragic death of four young men in a car accident in Saugerties in 2015.  The significance of that loss, coupled with the Grand Jury’s decision not to indict, a decision which I believe was supported by the evidence, polarized our community.  The second case was a barricaded police stand-off in New Paltz.  John Tozzi, a felon, held members of the New Paltz Police Department, NYS Police and UC Sheriff officers at bay firing numerous shots at them with a high powered rifle.  No police officer was struck.  Mr. Tozzi died as a result of a significant gunshot wound.

The sole murder trial in 2016 resulted in Nicholas Pascarella’s conviction for murdering his father.

2016 saw the arrest and indictment of Kingston anti-law enforcement activist Ismail Shabazz for selling illegal firearms to federal law enforcement personnel.  That case ultimately led to Mr. Shabazz’s conviction and sentencing to state prison.

Our office continues to aggressively prosecute animal cruelty cases and 2016 saw the conviction of Eric Napoli for felony cruelty to animals.

CONCLUSION

The extraordinary success we continue to register here at the Ulster County District Attorney’s Office is a testament to the dedication and talent of as fine a group of assistant district attorneys and investigators as there are in New York State.

Press Release - Earl Edwards Jr. Plea

FROM:  HOLLEY CARNRIGHT

DATE:  FEBRUARY 28, 2017

RE:  PRESS RELEASE – PEOPLE V. EARL EDWARDS, JR.

On February 28, 2017, prior to the completion of jury selection, Earl Edwards, Jr. pleaded guilty to Murder in the 2^nd Degree.

Earl Edwards, Jr. was charged by indictment with Murder in the Second Degree for killing Rameen Perry on May 26^th, 2016 at approximately 3:20 a.m. in the Village of Saugerties.  On the morning of the murder, Edwards broke into the house of his estranged wife and stabbed Perry in the heart which caused his death.  Immediately after Killing Perry, Edwards fled the scene to New York City where he purchased a train ticket to South Carolina.  Edwards was intercepted in Washington D.C. by members of the Amtrak Police Department and extradited back to Ulster County.

The case was prosecuted by Chief Assistant District Attorney Michael Kavanagh and Senior Assistant District Attorney Clifford Owens.  Edwards is scheduled to be sentenced by the Hon. Donald A. Williams on April 25^th, 2017. The defendant faces a sentence from 15 to life to 25 to life in state prison.

Press Release - The Fair Debt Collection Practices Act

FROM: HOLLEY CARNRIGHT

DATE: FEBRUARY 27, 2017

RE: PRESS RELEASE - THE FAIR DEBT COLLECTION PRACTICES ACT

The Fair Debt Collection Practices Act (FDCPA) is the federal law that prohibits collectors from using abusive, deceptive or unfair practices to collect money, according to the Ulster County District Attorney’s Division of Consumer Affairs. It also requires them to provide consumers with information about themselves and the debt. In addition to making some collection activities illegal, the FDCPA also gives consumers the right to verify that a debt is valid and to dispute debts they don’t believe they owe.

Generally, the FDCPA only governs third-party debt collectors – those who work on behalf of the original creditor. A debt collector is defined as someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them (debt buyers).

The FDCPA does not apply to original creditors – those who initially extended the credit or loan. The exception to this rule is a creditor that collects on its own debts but under a different name, giving the impression of being a third party. The law applies only to personal, not business-related debt.

For a copy of the brochure on how the FDCPA restricts collectors and protects consumers, contact Ulster County Consumer Affairs at 340-3260.

Press Release - Dayshawn Allen Plea

TO:

FROM: HOLLEY CARNRIGHT

DATE: FEBRUARY 24, 2017

RE: PRESS RELEASE - Kingston Young Man Pleads Guilty in Ulster County Court, Admits Forcible Burglary

A Kingston young man pleaded guilty on Wednesday in Ulster County Court to Burglary in the first degree for an incident which occurred on July 21, 2016, where he forced his way into a home on Cedar Street in Kingston and robbed the occupants.

Dayshawn Allen, age 23, and another man threatened the use of a tire iron and what appeared to be a handgun as they forced their way into the Cedar Street apartment in the middle of the night. One of the intruders threatened the victims with a crowbar/tire iron and used it to smash the victim’s phone. They then stole various items, including electronic games, jewelry, and other personal property.

      Unbeknownst to them during the burglary and robbery, one of the occupants of the apartment fled from the premises and flagged down a Kingston Police Officer. As the police arrived, one officer observed Allen jump a fence into an adjacent Henry Street yard. Another officer was able to stop Allen a few minutes later after he emerged on Henry Street from the yard, sweating and carrying a bag containing electronic games, jewelry and other personal items belonging to the victims. All the stolen items were recovered. The second subject has not been arrested.

Burglary in the first degree is a class B violent felony with a maximum sentence up to 25 years in prison.

Sentencing is scheduled for April 19, 2017.