Press Release - Frederick Smith Sentence

FROM: HOLLEY CARNRIGHT

DATE: MARCH 7, 2016

RE: PRESS RELEASE – FREDERICK SMITH SENTENCE

On March 4^th Frederick Smith of Poughkeepsie, NY, was sentenced to 15 years in State Prison on his conviction to Criminal Possession of a Weapon in the Second Degree (a Class C Violent Felony) after a two week trial that commenced on August 3^rd, 2015. 

The case stemmed from events which occurred on January 25th, 2014, when at least 15 shots were fired by a crowd of patrons who had just exited the “Home” night club located at 3353 Rte. 9W in the Town of Lloyd. Multiple police agencies including the Town of Lloyd Police, the Ulster County Sheriff’s Office, New York State Police and others responded to the call for shots fired and found one man, wounded by a gunshot, collapsed in the parking lot of the club. Frederick Smith, along with co-defendant’s Tahmel Gordon, Jaquan Higgs and DiMetri Moseley, drove away from the scene with Gordon driving. Police gave pursuit but the suspect vehicle did not pull over even though followed by several police vehicles with emergency lights and sirens activated. After approximately a mile, defendant’s vehicle was stopped on SR 9W near Milton Avenue by a police barrier.

Police surrounded the vehicle calling out commands for the defendants to show their hands and to exit the vehicle. Defendants ignored these commands. Defendant, Frederick Smith was seen throwing a loaded semi- automatic pistol out his door. Shortly after, Gordon was seen pulling a 38 cal revolver from his waistband and was shot twice by police. 

Once stopped, Frederick Smith got out of the vehicle and despite police ordering him not to move, ran into the woods with several officers in pursuit. Smith was apprehended and all defendants were arrested.

Gordon’s injuries were not life threatening.   

Smith is 25 years old with an extensive criminal history. He was convicted of a violent felony Assault in Dutchess County in 2012, and is currently serving a 7 year sentence for a Criminal Sale of a Controlled Substance, a class B felony, for selling narcotics in the City of Poughkeepsie in 2013. Smith also has numerous misdemeanor convictions.  

The case was prosecuted by Sr. Assistant District Attorney Clifford Owens.  Smith was represented at trial by attorney Bryan Rounds and he was represented at sentencing by attorney Paul Gruner.

Press Release - Alan Edwards Plea

FROM: HOLLEY CARNRIGHT

DATE: MARCH 2, 2016

RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  MARBOROUGH MAN PLED GUILTY TO COURSE OF SEXUAL CONDUCT AGAINST A CHILD

Alan Edwards, 62, of 245 Mount Zion Road, Marlborough, pled guilty Wednesday, March 2, 2016, in Ulster County Court to the Class “B” violent felony of Course of Sexual Conduct Against a Child in the First Degree.

Edwards admitted that between October 1, 2014 and October 3, 2015, he engaged in two or more sexual acts, including at least one act of oral sexual conduct, with a child less than eleven years old.

The defendant was arrested on October 7, 2015, following an investigation by law enforcement officers assigned to the Ulster County Family and Child Advocacy Center and the Marlborough Police Department with assistance from the Ulster County District Attorney’s Office after a friend of the victims disclosed what he had done.       

“As is all too common, this defendant befriended one of the victim’s families and then utilized that friendship to gain access to innocent and vulnerable children,” quoted District Attorney Holley Carnright.

 

The defendant faces a prison sentence between five and twenty five years followed by a period of up to twenty years of post-release supervision.  The defendant will be required to register for life under the New York Sex Offender Registration Act.   

The case is being prosecuted by Special Victims Bureau Chief Katherine R. Van Loan.  The defendant is represented by Majer Gold of the Ulster County Public Defender’s Office. 

  

District Attorney Annual Report 2015

                              2015

 

                 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 2015 the Ulster County District Attorney budget was $4,123,117.00. Of this total $3,656,679.00 was for personnel expenses. In 2015 our office received $626,600.00 in non-forfeiture, non-county taxpayer revenues.

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.

2015 IN REVIEW

In 2015 we filed 146 indictments and 160 Superior Court (felony) Informations.  We conducted 21 felony jury trials which resulted in 17 convictions.  Our overall felony conviction rate including felony pleas was well over 90%.

CARP: (Crimes Against Revenue). Under our Crimes Against Revenue prosecutions we recovered $306,388.00, and procured an additional $168,361.00 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 $42,394.00.

DOMESTIC VIOLENCE: We continue our fight against domestic violence. Domestic Incident Reports (DIR’s) in Ulster County in 2015 were 1373, the lowest number reported since 2004.  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 Child Advocacy Center.

SIGNIFICANT CASES IN 2015

2015 will stand out as one of the most challenging years in memory in terms of significant felony prosecutions.  In back to back trials, Kenneth Stahli was convicted of the murder of a 2 year old boy and, the following month David Reese was convicted of the murder of a co-worker at the Department of Environmental Protection Agency.  Both defendants received sentences of 25 years to life. A third individual was also sentenced to life for Murder. Basheem Bennett, received a 25 to life sentence regarding an Easter shooting in a New Paltz college bar.

Our Special Victims Bureau Chief was particularly challenged in 2015. In addition to trying the Reese Murder case she prosecuted two sex offenders who received life sentences.  Troy Swartz received a sentence of 25 to life for being a persistent felony offender for his convictions for sexual abuse and strangulation and Kaj Erik Eriksen received a sentence of 25 years to life on his convictions for being a sexual predator.

A number of individuals received significant state prison sentences for Robbery and Weapons possessions.  Devin Gray received 15 years regarding a shooting in Kingston; four individuals were convicted and sentenced for their involvement in a shooting at the “Home” Night Club in Lloyd; Ryan Noval was sentenced to 14 years for a robbery in Ellenville; Ruben Rodriguez was sentenced to 16 years for a Plattekill armed robbery; Malcolm Jemmott received 15 years for weapons possession in a Kingston City case; and Jahson Marryshow received 15 years for arson and bank robbery out of Woodstock. 

2015 also saw a number of significant larceny and fraud convictions including Tonya Valk regarding the embezzlement of $227,000.00; Michael Denardo regarding a $250,000.00 larceny from the Wallkill Fire District and John Benkert for a $320,000.00 larceny scheme out of Kingston.

Our office continues to aggressively prosecute animal cruelty cases and in 2015 we saw the convictions of Matthew Miller and David Moors.

ADMINISTRATIVE CHANGES

Last year one of Ulster County’s most important criminal justice personnel, Chief Assistant District Attorney John Tobin, retired. John was an integral part of the success we have enjoyed here at the office and we will miss him. Taking over as Ulster County’s Chief Assistant District Attorney is Michael J. Kavanagh.

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 - Napoli Conviction

FROM:   HOLLEY CARNRIGHT

 DATE:   FEBRUARY 26, 2016

 SUBJECT: PRESS RELEASE – ERIC NAPOLI CONVICTION

On February 25, 2016, an Ulster County jury of four men and eight women found Eric Napoli, age 44, guilty of Aggravated Cruelty to Animals, a felony. The case stemmed from Napoli’s arrest by members of the Town of Shawangunk Police Department on April 19, 2015.

The evidence at trial established that on April 16, 2015 the defendant tied his housemate’s 6 year old huskie, Luna, to a tree in his back yard and shot her to death using a shotgun loaded with leaded birdshot.

Luna’s owner, a Pine Bush school teacher, was called as the prosecutor’s first witness.  She explained that she had adopted Luna as a rescue dog after Luna was left, abandoned, tied to a tree and that she and her family loved Luna as much as if Luna were her own daughter. She testified that on April 16^th, just as her students were getting on the bus, she received calls and texts from the defendant threatening that if she did not take Luna to the pound he was going to f…..ing kill her. She immediately sped home to get Luna and move to a safe place. When she arrived home Luna was tied to a tree but seemed unharmed, physically.  She went into the house to pack a couple of personal items to leave when she heard two gunshots and heard Luna yelp.

At trial the defendant took the stand in his own defense and testified to the jury that he came home and found Luna standing over his deceased cat. He testified he believed Luna killed his cat, although he did not witness his cat die, and, on cross examination, admitted that he had a pitbull which also resided in the home at the time, and that Luna had never acted aggressively toward the cat. Defendant further testified that after giving his roommate the option of taking Luna to the pound or shooting her, the roommate acquiesced to him shooting Luna to death, which Luna’s owner adamantly denied.

Defendant has a lengthy criminal history of Alcohol related offenses which under, New York State Law, the jury was not entitled to hear about. In addition, the defendant has a pending charge of Felony Driving While Intoxicated in Orange County.

Sentencing is scheduled on April 22, 2016 in front of Judge Donald Williams. He faces a sentence of up to two years in jail.

The case was prosecuted by Assistant District Attorneys Paul Derohannesian and Emmanuel Nneji. The defendant was represented by attorney Thomas Petro.