Press Release - Joseph Smith Conviction

   
 

FROM:  HOLLEY CARNRIGHT

DATE:  MARCH 12, 2015

RE:  PRESS RELEASE – PEOPLE V. JOSEPH SMITH

On March 12^th, 2015, after a trial in Ulster County Court, a jury of nine men and three women returned a verdict finding Joseph Smith guilty of each count of a three count indictment charging him with Criminal Possession of a Controlled Substance in the Third Degree, Criminal Possession of a Controlled Substance in the Fifth Degree, and False Personation.

Smith was arrested on April 18, 2014 as a result of a narcotics investigation in midtown Kingston by the City of Kingston Police Department’s Special Investigations Unit.  During this investigation, officers observed Smith engaging in an apparent drug sale to another individual, Irving Lowe.  Upon arrest police recovered nineteen packages of cocaine from his person. 

Smith has a long criminal history that includes two prior felony convictions, one, for illegally possessing a loaded handgun and, a second, for assault of a police officer.

During the trial the defendant was, at times, reprimanded by Judge Williams for contemptuous behavior. The defense called Irving Lowe as a witness who testified, in essence, that he did not know Smith until they met in the County Jail following this arrest.  However, on cross examination, Lowe admitted that he had nine prior convictions for possession of cocaine.

The case was prosecuted by Assistant District Attorney Matthew Grimes.  The defendant was represented by Mariann Connolly.  Smith is scheduled to be sentenced by the Hon. Donald A. Williams on May 6, 2015.

  
   
   

Press Release - Tahmel Gordon Sentence

FROM: HOLLEY CARNRIGHT

DATE: MARCH 9, 2015

RE: PRESS RELEASE – TAHMEL GORDON a/k/a “MEL” SENTENCE

On March 6th, 2015, Tahmel Gordon, aka “Mel” was sentenced to the maximum sentence of one and one third to four years state prison by Ulster County Court Judge Donald Williams. Gordon had pled guilty to Criminal Possession of a Firearm on December 18, 2014.

The events occurred 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. Gordon, along with defendant’s Frederick Smith, a/k/a “Supa” and DiMetri Moseley, a/k/a “Poncho” drove away from the scene with Gordon driving. Police gave pursuit as the defendants’ vehicle was identified by Home Night Club’s personnel as being occupied by individuals involved in the shooting. Gordon’s vehicle did not respond to several police vehicles whose emergency lights and sirens were activated. After approximately a mile, defendants vehicle was forced to a  stop on SR 9W as police had erected a 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. The gun later was determined to have six spent casings in its chamber. After Gordon was shot, he passed the revolver to the backseat passenger, DiMetri Moseley, and the vehicle slowly proceeded to roll to a stop across the street. Defendants were apprehended by police. Gordon’s injuries were not life threatening.  

Gordon, who is 19 years old, has also pled guilty to a separate charge of Criminal Possession of a Weapon in the second degree (Class C violent Offense) on October 14, 2014, in Dutchess County for possessing a loaded handgun on July 20, 2013, and is awaiting sentence there. Gordon and the other co-defendants are from Poughkeepsie.

The case was prosecuted by Assistant District Attorney Clifford Owens and the defendant was represented by Thomas Petro.

Press Release - Roxana Almonte Plea

FROM:   HOLLEY CARNRIGHT

DATE:   MARCH 6, 2015

SUBJECT: PRESS RELEASE

On March 6, 2015, Roxana Almonte, age 27, of Kingston, NY, pled guilty in Ulster County Court to Computer Trespass for her role in providing copies of Hudson Valley Federal Credit Union customer checks to her boyfriend. Almonte was arrested by members of the New York State Police at Kingston on March 18, 2014.

As an employee of the Hudson Valley Federal Credit Union, Almonte accessed customer’s personal checks and brought copies of the checks home which were then passed along to her boyfriend Jarah Clarke. Clarke would then alter the personal checks, and have others attempt to cash the fraudulent checks at various banks and credit unions throughout the Hudson Valley. In total, there was an excess of $37,000 in losses to the Hudson Valley Federal Credit Union due to the copying of these checks. Felony charges against Clarke are still pending.

Sentencing is scheduled on May 15, 2015 in front of Judge Donald Williams. The case was prosecuted by Assistant District Attorney Paul Derohannesian. The defendant was represented by attorney Anthony Polizzi.  

Press Release - Rondu Carter Sentence

FROM: HOLLEY CARNRIGHT

DATE: MARCH 6, 2015

RE: PRESS RELEASE – RONDU CARTER SENTENCE

Rondu Carter, 38, of Kingston, New York, was sentenced on March 5, 2015 in Ulster County Court by Hon. Donald A. Williams to seven years in state prison and three years of post release supervision on his conviction to Criminal Sale of Controlled Substance in the third degree. At the time Carter committed this crime he was on parole for a previous conviction of drug sales. The investigation was conducted by the Kingston Police Special Investigations Unit. This marks Carters fourth felony drug conviction.

Press Release - DA Annual Report 2014

                              2014

 

                 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 2014 the Ulster County District Attorney budget was $3,970,250.00. Of this total $3,521,720.00 was for personnel expenses. In 2014 our office received $585,000.00 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.

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.

2014 IN REVIEW

In 2014 we filed 177 indictments and 167 Superior Court Informations.  We conducted 18 felony jury trials which resulted in 11 convictions after trial, 4 guilty pleas during trial and 3 non guilty verdicts.

CARP: (Crimes Against Revenue). Under our Crimes Against Revenue prosecutions we recovered $168,039.00, of which $85,958.00 has been collected and districted to state agencies. 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 $79,592.00.

DOMESTIC VIOLENCE: We continue our fight against domestic violence. Domestic Incident Reports (DIR’s) in Ulster County have decreased for the third year in a row, reversing a decade long trend*, *(see attached), while at the same time our domestic violence prosecutions have increased by 30%, reflecting improved law enforcement responses and investigations of these cases. 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 2014

Two men convicted of homicide in 2013 were sentenced in 2014.  Joseph Rodriguez was sentenced on his Murder in the second degree conviction after trial to 25 years to life in prison.  Gerald Babcock, convicted after trial, of Manslaughter in the first degree, received a sentence of 25 years.

Our Special Victims Bureau, headed by Bureau Chief Katherine VanLoan and lead domestic violence prosecutor, Elizabeth Culmone-Mills, registered a number of significant convictions.  Luis Ortiz of Ellenville was sentenced to 20 years to life as a persistent felony offender for a Rape in the first degree conviction.  Zachary Covert of Port Ewen was sentenced to 15 years for his conviction of Course of Sexual Conduct Against a Child. Brandon Devaux of Plattekill, received a 20 year sentence for Rape in the first degree, as did Torjuan McClain of Kingston who also received 20 years for a conviction of Rape in the first degree.  Mark Conklin of Walden was sentenced to 15 years on a Burglary/Domestic Violence verdict after trial and Kevin Quick of Kingston, a volunteer coach at the Kingston High School was convicted of three counts of Rape in the third degree and one count of Criminal Sexual Act regarding sexual crimes committed against members of the team that he was coaching. 

Two men were convicted of Vehicular Manslaughter in the first degree, Francisco Vasquez-Cruz of Poughkeepsie received a sentence of 4 to 12 years on his plea and Donald A. Fairweather Jr., of Wawarsing, received a sentence of 5 to 15 years on his conviction. Both cases were prosecuted by Sr. Assistant District Attorney Gerard VanLoan.

In other miscellaneous matters, bank robber Nicholas Liakis of Shandaken received a 16 to life sentence as a persistent felony offender for a bank robbery and Colin Lambert, of Hunter, received back to back 3 to 6 year consecutive sentences for two bank robberies he committed. Germane Lobaton, of Spring Glen, received 13 years on a Burglary in the second degree conviction. Lobaton was an EMT who went back to burglarize homes of people he had transported to the hospital.  Justin Elmendorf, of Olivebridge, received 18 years on a Burglary in the first degree conviction and Brother McPherson of Kingston received 10 years for his plea to Robbery. 

APPEALS

As a direct result of the continuing increase in felony trials which this office has conducted, we continue to see dramatic increases in appeals.  In 2014 our appellate counsel, ADA Joan Lamb, wrote 40 separate appeal briefs.  In addition to the appeals that she handled individually, a number of other appeals were handled by various members of our staff or hired out to independent contractors.  Amongst the convictions that were upheld were three of the conspiracy to commit murder gang prosecutions, Jarrin (Phat Boy) Rankin, Rondy (Ski) Russ, and Jermaine (Maino) Nicholas. Also upheld on appeal were the convictions of Albert Lawing, a mid-town shooting case and Gary Watkins (B War) the principal target of the eighty defendant drug sweep known as “Operation Clean Sweep”.  Daniel Malak, the murder in the second degree cold case prosecution involving the murder of 15 year old victim Joseph Martin was also upheld on appeal.

CONCLUSION

We have effectively shut down the scourge of activity of nationally organized gangs that had plaqued Kingston when I first took office but now face a number of very troubling, brutally violent homicides which occurred in 2014.  Those matters aside, our efforts, joined with the law enforcement community which serves Ulster County, continue to reflect positive gains in maintaining a safe environment for Ulster County’s citizens.