Press Release - Kayla Pagan Sentence

FROM: HOLLEY CARNRIGHT

DATE: MAY 11, 2017

RE: PRESS RELEASE – KAYLA PAGAN

MARLBOROUGH MOM SENTENCED TO JAIL & PROBATION FOR DAUGHTER’S DROWNING IN BATHTUB LAST SUMMER

In Ulster County Court today 26 year old Kayla Pagan was sentenced to a period of local incarceration in combination with 5 years of probation supervision following her plea in March to the felony of Criminally Negligent Homicide for the drowning death of her 10 month old daughter, Lilliana Ryerson, in a bathtub at their home at 8 Hideaway Lane, in Marlborough. 

The drowning death occurred in the evening of July 8, 2016, when Kayla Pagan left her daughter with toys for several minutes in a plugged bathtub filling with water while she attended to other minor matters and interests inside and outside of the house. The child’s father, Richard Ryerson, returned home from work to find his daughter.  Infant CPR performed by the father and a neighbor with instructions from the 911 operator did not save the child’s life. 

    Lilliana’s father, Richard Ryerson, was present in court with several members of his and Kayla’s families; he spoke and asked the court to let Kayla Pagan out of jail and require strict supervision and counseling for her.

    “This is a terribly sad case.  It is clear to us that what happened was not intentional.  Ms. Pagan accepted responsibility from the day of the incident.  Our office feels that nothing would be gained by the imposition of an additional jail sentence. Collectively, our hearts go out to the families involved”, stated DA Holley Carnright.

   

Press Release - Julian Caggiano

The Appellate Division, Third Department has today unanimously affirmed judgments of conviction in the following case:

 

People v Julian Caggiano

In September, 2014, the defendant, 17 years old, was convicted upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree as a result of a series of sales of heroin he made to undercover officers working with the Ulster Regional Gang Enforcement Narcotics Team (URGENT). 

In exchange for his plea to criminal possession of a controlled substance in the third degree, defendant was sentenced, in accordance with the plea agreement, to a State prison term of five years to be followed by five years of post-release supervision.  As part of the negotiated plea agreement, defendant also waived his right to appeal.  Though he requested youthful offender treatment, County Court denied his application following numerous discussions on that issue.

On appeal, defendant challenged County Court’s discretionary decision to deny him youthful offender status, and argued that the agreed upon term of imprisonment was unduly harsh and excessive.  The Appellate Division, Third Department, however, rejected both claims finding that his valid and unchallenged waiver of appeal precluded review of both of those claims. 

On appeal, the defendant is represented by Lee C. Kindlon, Esq. of Albany, New York.  Assistant District Attorneys Joan Gudesblatt Lamb, Esq. and Clifford Owens, Esq. handled the appeal for the District Attorney’s Office.

 

Press Release - David Arcuri

David Arcuri, age 30, of Walden, New York, pled guilty to the felony of Leaving the Scene of a Personal Injury Accident, today in Ulster County Court.  The case stems from an incident on April 25^th, 2015 at 3:30 a.m. when Arcuri hit a female SUNY New Paltz student with his vehicle.  Arcuri then left the scene of the accident, and attempted to cover up the incident by taking his car to a repair shop and telling his insurance company he hit a deer.  Arcuri is due to be sentenced on July 6, 2017 and faces up to 1-3 years in state prison. The case was prosecuted by Assistant District Attorneys Paul Derohannesian and Michael Kavanagh. The defendant was represented by attorney Paul Gruner.  

Press Release - Sarra Gilbert

                                                            PRESS RELEASE

RE:         People v. Sarra Gilbert

Date:     April 28, 2017

 

 

SARRA GILBERT CONVICTED OF MURDER FOR KILLING HER 52 YEAR OLD MOM

               An Ulster County trial jury convicted 28 year old Sarra Gilbert for the murder of her mother, Mari Gilbert, of Center Street, Ellenville.

According to a press release by Ulster County DA Holley Carnright, the murder occurred in the morning of July 23, 2016, at the defendant’s apartment, 9 Warren Street, Ellenville, NY.

Attorney John Ray, representing Gilbert, did not contest the fact that Gilbert stabbed her mother to death, but argued that she was not responsible for her actions because, at the time, she suffered from a mental disease or defect (schizophrenic disorder), which caused her to lack capacity to appreciate her actions or that they were wrong.  The claim of defendant’s mental illness did not fall on deaf ears, stated Ulster County District Attorney D. Holley Carnright.  Clearly, Ms. Gilbert has mental health issues.  Frankly, anyone who kills their mother has mental health issues.  But that is not the question.  The question is whether the defendant’s mental state rises to the level that she does not understand her actions and know that they are wrong. 

Senior Assistant District Attorney Emmanuel Nneji and I looked carefully at the defendant’s mental health claim, but the more Emmanuel got into the case, the more I became convinced that this defense did not fit.

Our office’s involvement with Gilbert started when Ellenville PD responded to the report that Gilbert drowned her son’s puppy in February of 2016.  In fact, the police body cams from that case were played by ADA Nneji to this jury.  In our view, that video belied the claim that Gilbert didn’t know what she was doing and that it was wrong.

Nneji also presented to the jury that the victim in this case, Gilbert’s mother, had called the police regarding the puppy drowning, which resulted both in Gilbert’s arrest and the loss of custody of her son.

Central to our view of the case was the defendant’s systematic long term drug abuse.  In addition to stating that she smoked multiple “blunts” of marijuana daily since she was 14 years old, she also admitted using LSD.  Moreover, she admitted the daily use of MDMA.  Nneji was able to correlate the defendant’s use of psychosomatic drugs to her hospitalizations, pointing out that, on one of her later hospital stays, the doctor’s observed that Gilberts “symptoms” were likely caused by her use of LSD.  I was also very impressed by Dr. Antoniak’s careful and thoughtful evaluation.  In the end, the jury apparently agreed with our evaluation.

Sarra Gilbert remains in Ulster County Jail pending her sentencing which is scheduled for August 4, 2017.

Press Release - Proms/Graduation

FROM:  HOLLEY CARNRIGHT

       ULSTER COUNTY DISTRICT ATTORNEY

DATE:  APRIL 25, 2017

SUBJECT:  PRESS RELEASE-PROMS/GRADUATION

Holley Carnright, District Attorney of Ulster County, issued today the following public service announcement:

We are fast approaching that time of year when students in our county will be taking part in proms and graduations. Although it is justifiably a time of joy and celebration, it is equally one for caution and restraint.

Alcohol is by far the most widely used drug among our youth and is directly associated with risk-taking behavior and other disinhibiting effects that increase the chance of unsafe conduct on their part. Unfortunately, in recent years, our county, along with much of the rest of the nation, has experienced its tragic results.

Under certain circumstances, allowing property to be used in a manner where underage drinking is taking place may constitute a crime. Section 260.20 of the Penal Law of the State of New York authorizes the prosecution of any individual who gives or sells or causes to be given or sold any alcoholic beverage to a person less than 21 years old. A violation of this section is a class A misdemeanor, punishable by up to one year in jail or a $1,000.00 fine, or both. There is a similar section in the Alcohol Beverage Control Law of the State of New York, also a misdemeanor.

In addition, on February 19, 2008, the County of Ulster passed “Local Law Number 2 of 2008,” which, in pertinent part, provides that “no person having control of any premises shall allow an open house party to take place at said residence if such person knows or has reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to or consumed by a minor at said residence.” It defines “open house party” as “a social gathering at a residence or other private property with minors present.” A violation of this law is punishable by a fine not exceeding $250.00 or imprisonment not exceeding 15 days, or a combination thereof.  Furthermore, the Social Host Liability Act of the State of New York imposes civil liability upon any individual who knowingly serves or permits alcohol to be served to a minor if that minor causes injury to another as a result of his or her intoxication.

We are pleased that a number of school districts in Ulster County have taken measures to prevent drinking by students at school-related functions and to deter the consumption of alcoholic beverages by individuals less than 21 years old. The administration, faculty, and students of such districts are to be commended for their creative initiatives to discourage alcohol and drug use by students.

And so we ask that if you permit the use of your home for a prom, graduation, or other school-related event, you monitor the situation carefully to insure that all minors in attendance conduct themselves in a responsible and legal manner. In addition, I ask that if your child is contemplating using a limousine service to transport him or her to an event, you remind the owner/operator of such service of their responsibility in insuring compliance with the laws governing underage drinking.

As a result of the efforts of the Ulster County District Attorney’s Office, the Law Enforcement Agencies of our county, the Ulster County Underage Drinking Prevention Team, and the STOP DWI Task Force, the dangers presented by underage drinking have been identified and continue to be addressed. Any assistance you can render in that regard will be greatly appreciated by all of us, and more importantly, may save the life of one or more of our children.

Ulster County Website:  www.co.ulster.ny.us

Press Release - Social Host Law

Press Release - Jeffrey C. Brown Sentence

FROM: HOLLEY CARNRIGHT

DATE: APRIL 24, 2017

RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCE: SAUGERTIES MAN SENTENCED TO 15 YEARS FOR COURSE OF SEXUAL CONDUCT AGAINST A CHILD

Jeffrey C. Brown, 54, of 227 Partition Street in Saugerties, was sentenced Monday, April 24, 2017, in Ulster County Court to 15 years in state prison to be followed by 20 years of post-release supervision on his conviction to course of sexual conduct against a child in the first degree. In addition, he will be required to register under the New York State Sexual Offender Registration Act for the remainder of his life.  An Order of Protection in favor of the victim will remain in effect until 2060.

Brown pled guilty on February 23, 2017. During his plea allocution, he admitted that between September 1, 2014 and December 29, 2014, he engaged in at least two acts of sexual conduct which included at least one act of sexual intercourse, oral sexual conduct or anal sexual conduct with a child who was less then thirteen years old.  An investigation conducted by the Ulster County Family and Child Advocacy Center led to Brown’s arrest on August 25, 2016.

At sentencing, the defendant apologized for his behavior and asked forgiveness stating that he was “good to them for awhile” and he should have been the person he started out.  He claimed he will love the family forever.  However, County Court Judge Donald A. Williams had harsh words for the defendant telling Brown that to ask forgiveness was “beyond any sense of human decency” and that he “could not imagine anything more loathsome” than what the defendant has done preying on a vulnerable child to “satisfy his perverse desires”.   

District Attorney Holley Carnright, stated “The courage of this young person to overcome her own personal suffering and expose an adult figure who should have provided shelter to her from such atrocities, cannot be underestimated.  Most of these abhorrent crimes against children simply cannot commence without one victim who has the courage to make a disclosure.”      

The case was prosecuted by Special Victim’s Bureau Chief Katherine R. VanLoan of the Ulster County District Attorney’s Office. The defendant was represented by the Ulster County Public Defender’s Office.        

Press Release - National Do Not Call Registry

FROM: HOLLEY CARNRIGHT

DATE: APRIL 21, 2017

RE: PRESS RELEASE -  NATIONAL DO NOT CALL REGISTRY

You can reduce the number of unwanted sales calls you get by signing up for the National Do Not Call Registry, according to the Ulster County District Attorney’s Division of Consumer Affairs.

Most legitimate companies don’t call if your number is on the Registry. If a company is ignoring the Registry, there’s a good chance it’s a scam. If you get these calls, hang up and file a complaint with the Federal Trade Commission (FTC).

How do I register?

Add your phone number for free by visiting donotcall.gov, or calling 1-888-382-1222 from the phone you want to register.

If I register my number, will ALL unwanted calls stop?

No, the Do Not Call Registry prohibits sales calls. You still may receive political calls, charitable calls, debt collection calls, information calls and telephone survey calls.

My number is on the Registry, so why am I still getting illegal calls?

Since 2009, the FTC has seen a significant increase in the number of illegal sales calls – particularly robocalls. The reason is technology. Internet powered phone systems make it cheap and easy for scammers to make illegal calls from anywhere in the world, and to display fake caller ID information, which helps them hide from law enforcement.

What is the FTC doing to stop these calls?

To date, the FTC has sued hundreds of companies and individuals who were responsible for placing unwanted calls, and has obtained over a billion dollars in judgments against violators.

What are the penalties for breaking the law?

Those who violate the National Do Not Call Registry or place an illegal robocall can be fined up to $16,000 per call.

For further information, visit http://www.consumer.ftc.gov/articles/0108-national-do-not-call-registry. Ulster County Consumer Affairs can be reached at 340-3260.