Press Release - James Pittman Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JULY 24, 2014

The Appellate Division, Third Department has today unanimously affirmed the April 19, 2012 conviction of James Pittman upon a plea of guilty convicting him of the crime of assault in the second degree, a class D violent felony.

Defendant’s conviction stems from an incident which occurred on April 9, 2011.  On that date, the victim, who had just returned home, was approached by her former boyfriend.  Though he first handed her a card and some flowers, when she refused to tell him whether she was dating anyone else, the defendant grabbed her face as though he was going to kiss her and intentionally bit off a large portion of her bottom lip. 

Defendant subsequently pled guilty to assault in the second degree and was sentenced by County Court Judge Williams to six years in State prison followed by three years of postrelease supervision. 

Given that defendant validly waived his right to appeal, his appellate challenge to the severity of his sentence could not be considered by the Appellate Division. 

On appeal, the defendant is represented by Michael C. Ross, Esq. of Bloomingburg, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

Charitable Organizations

FROM: HOLLEY CARNRIGHT

DATE: JULY 21, 2014

RE: WHAT CHARITABLE ORGANIZATIONS ARE REQUIRED TO REGISTER WITH NEW YORK STATE?

According to the Ulster County District Attorney’s Division of Consumer Affairs, most organizations that engage in charitable activities in New York State and/or solicit charitable contributions in New York are required to register with the Attorney General’s Charities Bureau. Under New York law, charity is defined very broadly to include purposes such as education, relief of poverty, cultural programs, promotion of health and research to cure disease, and many other purposes that are beneficial to the community. Although most charitable organizations are required to register, the law exempts some, including religious organizations, from registering. If you believe that your organization may be exempt, submit Schedule E (Request for Registration Exemption) posted at www.charitiesny.com/pdfs/char410SchE.pdf, and the Charities Bureau staff will determine whether you are entitled to an exemption.

                                                                     

Press Release - Donald A. Fairweather Jr. Sentencing

FROM: HOLLEY CARNRIGHT

DATE: JULY 18, 2014

RE: PRESS RELEASE – DONALD A. FAIRWEATHER JR.

Donald A. Fairweather, Jr. was sentenced today in Ulster County Court by the Honorable Donald A. Williams. Fairweather received the maximum sentence allowed under the law for Vehicular Manslaughter in the First Degree, a class C felony. Fairweather will serve five to fifteen years in state prison and he will be required to pay a fine of $5000. Other conditions of his sentence include the installation of an ignition interlock device on his vehicles when he is released from prison and a driver’s license revocation.

On Thursday, May 8, 2014, Donald Fairweather, Jr. (age 47), of 7 Cragsmoor Road, Town of Wawarsing, entered a guilty plea to Vehicular Manslaughter in the First Degree in Ulster County Court before the Hon. Donald Williams.

Fairweather admitted driving with a blood alcohol content of higher than .18 and killing 65 year old Vadim Mushtak in a head-on collision on State Route 52 in Walker Valley, NY, on September 25, 2013. The New York State Police Collision Reconstruction Unit estimated Fairweather’s speed at 80 miles per hour in a 45 MPH zone with no signs of braking at the moment of impact. The collision occurred in Mushtak’s lane of travel near a bend in the roadway near the Walker Valley firehouse. Mushtak was driving a 2010 Toyota Corolla and Fairweather was driving a 2005 Ford Econoline van.

Vadim Mushtak, was travelling home with his wife from Newburgh to Ellenville when the collision occurred. Mushtak’s wife survived the crash but suffered severe injuries requiring multiple surgeries on her ankle along with fractures of the collarbone, sternum, ribs, and wrist.

Fairweather was indicted by an Ulster County Grand Jury on December 31, 2013, on charges including Vehicular Manslaughter, Vehicular Assault, and Aggravated Driving While Intoxicated. 

Ulster County District Attorney Holley Carnright stated, “This collision was horrific and is the result of the defendant essentially trying to navigate a 5000 pound deadly weapon with a BAC of .19 through quiet county roads. The defendant killed a brilliant researcher for MIT who was fluent in multiple languages and who was granted US citizenship in 2008 based on extraordinary scientific merit. For this senseless killing, we believe that the defendant should receive a significant period of time in state prison and we will advocate for such sentence.”

Family members of Vadim Mushtak spoke at sentencing and explained to the Court how the crime has impacted their family. The wife of Vadim Mushtak provided a harrowing account of the crash and the aftermath. The family members of Vadim Mushtak recommended the maximum sentence under the law.

The case was prosecuted by Senior Assistant District Attorney Gerard Van Loan and the defendant was represented by Bryan Rounds of the Ulster County Public Defender’s Office.

Press Release - People v Green

FROM: HOLLEY CARNRIGHT

DATE: JULY 2, 2014

RE: PEOPLE V DARRYL GREEN

Darryl Green, Jr., age 25, of Clinton Avenue, Kingston, New York, was sentenced today in Ulster County Court by Judge Donald A. Williams to seven years in state prison followed by 3 years of post-release supervision on his conviction to Criminal Sale of a Controlled Substance in the Third Degree. The charges stem from heroin and cocaine sales in the City of Kingston. Green has prior felony convictions involving the sale of narcotics and at sentencing Green admitted being a member of the Bloods street gang. Green was also ordered to pay restitution in the amount of $200 in connection with the expended undercover funds used by the police during the drug sales investigation.

Press Release - People v Terbush

FROM:  HOLLEY CARNRIGHT

DATE:  JULY 2, 2014

RE:  PRESS RELEASE – PEOPLE V. JAMES TERBUSH

On July 2^nd, 2014 James Terbush of High Falls was sentenced by Ulster County Court Judge Donald A. Williams to 5 years in state prison plus 2 years of post-release supervision after having pleaded guilty to Criminal Possession of a Controlled Substance in the Third Degree, a class B felony.

Terbush was arrested on October 12^th, 2012 after a search of his home by members of the Ulster County Probation Department and the URGENT Task Force. Terbush had been placed on probation in October of 2012 for illegal possession of narcotics. During a probation check of his home officers found 100 bags of heroin secreted throughout his residence.  He was also in possession of $6,500 as well as a gun belt and ammunition.  No weapon was recovered.

On a separate charge, Terbush pleaded guilty to Burglary in the Third Degree and admitted that while acting in concert with two co-defendants on May 16^th, 2014, at approximately 10:45 p.m. he entered a garage next to a business in the Town of Rosendale and stole four tires.  He is expected to be sentenced on September 3^rd, 2014 at which time he faces a sentence of 2 1/3 to 7 years in state prison.

The case was prosecuted by Assistant District Attorney Michael Kavanagh. The defendant was represented by the Public Defender’s Office and the law firm of Mainetti, Mainetti and O’Connor.