Press Release - Carlos Diggs Sentence

FROM: HOLLEY CARNRIGHT

DATE: MARCH 31, 2017

RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES: POUGHKEEPSIE MAN SENTENCED TO 7-14 FOR DOMESTIC VIOLENCE AND RELATED OFFENSES.  HELD IN CONTEMPT OF COURT THREE TIMES AND FINED $15,000  

Carlos Diggs, 28, formerly of Poughkeepsie was sentenced Friday, March 31, 2017, in Ulster County Court.  On the Class “D” felony offense of Aggravated Criminal Contempt, the defendant received the maximum sentence of 3 ½ -7 years in state prison.  On the first count of Aggravated Family Offense to which the defendant pled guilty, he received the maximum sentence of 2-4 years.  On a second count of Aggravated Family Offense to which the defendant previously admitted, he received 1 1/2 – 3 years.  All sentences are to run consecutively.    

The victim’s mother spoke at sentencing.  Directing her comments at the defendant, she stated that nobody deserves to be treated the way Diggs treated her daughter, “beating her like an animal”.  She said that no sentence would make up for the abuse her daughter endured at the hands of Diggs.  Additionally, some of the abuse occurred in front of their young son who now experiences nightmares and anger he cannot control. 

Diggs also spoke at sentence.  He initially claimed to be remorseful, explaining that he grew up in the system where nobody taught him right from wrong or encouraged him to go to school or work.  However, he eventually lashed out using profanity and telling the judge to perform sexual acts on him.  Diggs was warned countless times and was given the opportunity to apologize to everyone in the courtroom.  Diggs did apologize specifically to the prosecutor, Special Victims Bureau Chief Katherine Van Loan, his own attorney Mariann Connolly of the Ulster County Public Defender’s Office, the victim’s mother, the court clerk, court officers and all present.  However, after the apologies his tirade continued as he called Ulster County Court Judge Donald A. Williams, “Bro” and repeated his profane comments over and over until he was held in Contempt of Court and fined the maximum amount of $5,000 to be taken from his inmate account.  Undeterred, Diggs proceeded in the same vain despite warnings from the judge and was ultimately held in Contempt of Court two more times and fined the maximum amount on each.    

Diggs entered his guilty pleas on Friday, January 27, 2017, as jury selection was to begin the following Monday on separate two indictments which contained a total of 54 counts.  Forty three of those counts were for the Class E felony of Aggravated Family Offense and were based on attempts to contact the victim by telephone in violation of a court and order while having been convicted of a Family Offense within the preceding five years.  The remaining counts for Criminal Contempt, Aggravated Family Offense and Endangering the Welfare of a Child were for physical abuse which occurred in the City of Kingston.  The couple had an extensive history of domestic violence in Dutchess County before the victim relocated to Kingston in 2014.

The case broke when the victim appeared at Kingston Hospital

days after the last beating and when the bruises were revealed, the Kingston Police Department responded immediately and took action to apprehend the defendant while safely recovering the victim’s two young children from him.  

  

 

Press Release - Kevin Guerrero Plea

FROM: HOLLEY CARNRIGHT

DATE: MARCH 31, 2017

RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  INTRUDER IN BURGLARIES OF SUNY NEW PALTZ STUDENTS PLEADS GUILTY

On Friday, March 31, 2017, Lance Corporal Kevin Guerrero, 20, of the United States Marines stationed in New Windsor, Orange County, pled guilty to Burglary in the Second Degree and Sexual Abuse in the First Degree, both violent felony offenses. 

The case stems from an incident on September 4, 2016 in New Paltz when Guerrero unlawfully entered three off campus student residences and attempted to sexually assault the female students therein, while they were asleep.

District Attorney Holley Carnright states “The defendant’s behavior violated all expectations of safety, civility and privacy which our student population should enjoy.”  Carnright describes this case as unusual in that this type of crime committed by someone with minimal ties to the community is not commonly seen by his office.   Carnright also lauds the New Paltz Police Department for their swift and tireless investigation which identified and located the defendant in a very short period of time.  

Sentencing is scheduled for June 14, 2017.  Special Victims Bureau, Chief Katherine R. Van Loan, is handling the case for the Ulster County District Attorney’s Office.  The defendant is represented by Mariann Connolly of the Ulster County Public Defender’s Office. 

Press Release - Herbert Hill Appeal

FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: MARCH 30, 2017
RE: HERBERT HILL



The Appellate Division, Third Department has today unanimously affirmed the judgment of the County Court of Ulster County (Donald A. Williams, J.) which revoked defendant’s sentence of six months in jail and five years probation upon his conviction of criminal contempt in the first degree following a probation violation hearing and resentenced him to an indeterminate term of one and one-third to four years in State prison.

Defendant’s conviction stems from his violation of an order of protection by having contact with a former girlfriend.  Shortly after he was sentenced, defendant had further contact with his girlfriend in violation of the order of protection issued on her behalf and fled from the police when they tried to arrest him.
   
On appeal, defendant challenged the declaration of delinquency which was filed by the Probation Department when he violated the terms and conditions of his probation and argued that County Court erred in revoking his probation. He also argued that the sentence imposed by County Court was unduly harsh and excessive.  However, all of the claims raised by the defendant were found to be without merit by the Appellate Division, Third Department.
 
On appeal, the defendant is represented by Danielle Neroni, Esq. of Albany, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

Press Release - Michael E. Wendel Conviction

FROM: HOLLEY CARNRIGHT

DATE: MARCH 29, 2017

RE: PRESS RELEASE – MICHAEL E. WENDEL CONVICTION

After less than fifteen minutes of deliberations, MICHAEL E. WENDEL, age 59, a resident of 7034 Route 209 in Wawarsing, was found guilty by a six-member jury of Criminal Contempt in the Second Degree, a “Class A” misdemeanor.

On the evening of December 17, 2015, Wendel violated an Order of Protection, which had been issued for the protection of Ulster County Comptroller Elliot Auerbach and his family by the Honorable Kevin Hunt of the Town of Shawangunk Court.

 The contempt occurred when Mr. Wendel aggressively approached Mr. Auerbach in the Wawarsing Town Hall in the Village of Ellenville.  At that time he placed himself within inches of Mr. Auerbach with a camera in his hand, and made statements to Mr. Auerbach of a harassing and taunting nature.

Wendell will be sentenced on April 17, 2017.

The case was prosecuted by Ulster County Assistant District Attorney Justin F. Stenerson.  The defendant was represented by Michael Bruhn, Jr., Esq.

Press Release - Cory Larson Plea

FROM: HOLLEY CARNRIGHT

DATE: MARCH 27, 2017

RE: PRESS RELEASE - Man Pleads Insanity in Ulster County Court for Menacing State Police Officers

A Pine Bush man pleaded “Not Responsible by Reason of Mental Disease or Defect” today in Ulster County Court to an indictment charging him with the felonies of Menacing a Police Officer and Reckless Endangerment in the First Degree, and a misdemeanor of Criminal Possession of a Weapon in the Fourth Degree.  

Cory Larson, age 32, entered his plea on Friday regarding an incident that occurred on May 24, 2016, when he called 911 to report that intruders were breaking into his home at 58 Vista Maria Road in Pine Bush, Ulster County, and who shot at him, and that he was shooting back at them. He also told the 911 Operator that one of the intruders was in his bed and he commanded the alleged intruder to “shut up, a..hole.” He told the Operator that he was going to shoot the intruder again.

State Police Troopers arrived at that address and found that Mr. Larson was alone and shooting his shotgun indiscriminately inside his home. The officers heard and saw the impact of the shots and had to take cover. At one point Mr. Larson pointed his gun through a window at an officer but did not discharge a shot.

Cory Larson eventually surrendered and was taken into custody by the officers without any injury to anyone or further damage to personal property.

The investigation that followed revealed numerous shotgun shells which had been discharged all over the home at the walls, his bed and pillows, other personal property, and through his windows in the direction of the walkup to his door. There also were evidence of drug and alcohol use, but there was no evidence of anyone else being in the home or injured.

A forensic psychiatric examination of Mr. Larson determined that at the time of his conduct he was suffering from drug and alcohol withdrawals, hallucinations, and a pre-existing real brain injury which he had sustained from an impact at a previous construction job. As a result of these conditions Mr. Larson lacked substantial capacity to know or appreciate the nature and consequences of his conduct on May 24, 2016, or that such conduct was wrong. The DA’s Office consented to this plea.

Following his plea today Mr. Larson was committed by Ulster County Court Judge Donald Williams to the custody and care of the New York State Commissioner of Mental Health for treatment and further progressive assessment of his mental condition. If he is determined to be dangerously mentally ill Mr. Larson will be held and treated in a secure mental health facility in the State.

Assistant District Attorney Emmanuel Nneji prosecuted the case.  The defendant was represented by Jamie Greenwald of Chester, New York.

Press Conference - Raise The Age Legislation

FROM: ULSTER COUNTY DA HOLLEY CARNRIGHT AND ULSTER COUNTY SHERIFF PAUL VANBLARCUM

DATE: MARCH 23, 2017

RE: ULSTER COUNTY DA HOLLEY CARNRIGHT - NOTICE OF PRESS CONFERENCE ON PROPOSAL OF RAISE THE AGE LEGISLATION TO BE HELD MARCH 27^TH, 11:00 AM, 6^TH FLOOR COUNTY OFFICE BLDG, LEGISLATIVE CHAMBERS

Greetings:

Included in Governor Cuomo’s 2017 Budget Bill is a provision to decriminalize almost all criminal behavior of offenders who are under the age of 18 years. As currently drafted, this legislation calls for a dramatic and unprecedented shift in the Criminal Justice System with far reaching repercussions, the least of which will be a significant shifting of costs to county taxpayers.

You are invited to an informational press conference where I will attempt to highlight various provisions of the proposed legislation and will be available to answer questions you may have.  The conference will be held Monday, March 27^th at 11:00 AM on the 6^th Floor of the County Office Building in the Legislative Chambers.