Press Release - Kevin Guerrero Sentence

FROM: HOLLEY CARNRIGHT

DATE: JUNE 14, 2017

RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  INTRUDER IN BURGLARIES OF SUNY NEW PALTZ STUDENTS SENTENCED TO 15 YEARS

                                                       

     On Wednesday, June 14, Kevin Guerrero, 20, was sentenced to fifteen years in state prison with five years post release supervision.  Guerrero will have to register under the New York State Sexual Offender Registration Act. 

Guerrero, a corporal in the United States Marine Corps, pled guilty to Burglary in the Second Degree and Sexual Abuse in the First Degree, both violent felony offenses on March 31, 2017.  In doing so Guerrero admitted to entering a SUNY New Paltz student apartment without permission while having the intent to commit a crime inside. He also admitted subjecting a student to sexual contact while she was physically helpless.  The legal theory of physical helplessness is simply that the victim was asleep at the time of the crime began. 

Guerrero was accused of unlawfully entering 3 off campus student residences with intent to commit a crime inside and attempting to unlawfully enter a fourth with the intent to commit a crime inside.  He is also accused of unlawfully entering a local business with intent to commit a crime inside and subjecting a person to sexual contact in one of the residences while that person was asleep.     

All offenses are alleged to have occurred in the early morning hours of September 4, 2016 in the Village of New Paltz.  Occupants of all residences were sleeping at the time of Guerrero’s entry.  Guerrero was arrested on September 7, 2016, following an investigation by the New Paltz Police Department. 

District Attorney Holley Carnright noted “It is especially disheartening when a member of the military who has endeavored to protect all of us, breaks the law.  Lance Corporal Guerrero’s actions in the early morning hours of September 4, 2016 are abhorrent and cannot be excused even by his service to this country”.  Carnright also lauded the New Paltz Police Department for their swift and tireless investigation which identified and located the defendant in a very short period of time.  

Special Victims Bureau, Chief Katherine R. Van Loan, handled 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. 

Terpening arrest press release

Ulster County District Attorney’s Office

Family and Child Advocacy Center

PRESS RELEASE

The Ulster County District Attorney’s Office, Family and Child Advocacy Center, which is comprised of Investigators from the Ulster County District Attorney’s Office, New York State Police, Ulster County Sheriff’s Office, and the Ulster County Child Protective Services, reports the arrest of Michael D. Terpening, 60, of the Town of Esopus.

On June 8th, 2017,  a joint investigation was conducted into the report that a 4 year old female had been sexually assaulted.  The investigation revealed that 60 year old Michael D. Terpening, had sexually assaulted a 4 year old minor on numerous occasions.

On June 8^th, 2017  Michael D. Terpening was arrested and charged with Course of Sexual Conduct against a Child in the Second Degree, a class D Felony.    He was arraigned in the Town of Esopus Court and remanded to Ulster County Jail in lieu of $25,000.00 cash bail.  An Order of Protection was issued on behalf of the victim and her family.  The investigation is ongoing and additional charges may be filed. 

The Ulster County District Attorney’s Office Family and Child Advocacy Center Investigators were assisted by members of the Ulster County Sheriff’s Office.

If anyone has further information that may assist the continued investigation contact 845-334-5155.

Kashawn Watson press release

                                                          

KASHAWN WATSON FOUND GUILTY OF CRIMINAL POSSESSION OF A WEAPON AND ATTEMPTED ROBBERY IN THE FIRST DEGREE

               A jury of eight women and four men returned a guilty verdict against Kashawn Watson for the crimes of Criminal Possession of a Weapon in the Second Degree and Attempted Robbery in the First Degree this afternoon in Ulster County Court.

               The case stemmed from a home invasion on June 7, 2016, on Albany Avenue in the City of Kingston. At approximately 4:40 AM, two masked men entered a residence brandishing a loaded .45 caliber handgun and a stun gun. The perpetrators demanded money and placed nylon zip ties on one of the residents after the resident fought back. A three year old child was also in the home. During the incident a struggle ensued and one gunshot was fired as a victim and perpetrator rolled down a staircase. Both suspects fled on foot with no property stolen from the house.

               Approximately one hour after the incident, an abandoned car was found blocking a driveway on Downs Street. When Kingston Police officers arrived, they found a loaded .45 caliber handgun, a stun gun, nylon zipties, and two black ski masks. The DNA of Kashawn Watson was located on one of the ski masks. Ballistics analysis and testimony from the New York State Police revealed that the .45 caliber handgun found in the car was the same weapon used to fire the bullet in the Albany Avenue residence.

               Cellphone records linked Watson to the last person seen driving the abandoned car. The jury began deliberations on Thursday afternoon and deliberated for approximately eight hours before convicting Kashawn Watson on four of the six counts in the indictment. The defendant faces up to fifteen years in state prison when he is sentenced on August 17, 2017.

               Kashawn Watson was also charged by federal authorities in October, 2016, as a result of gun and drug sales in Ulster County.  Those charges remain pending.

               Kashawn Watson was represented by Ed Bruno of Pine Bush and the case was prosecuted by Senior Assistant District Attorney Gerard Van Loan.

Press Release - Christopher Holmes Appeal

PRESS RELEASE

From:  Holley Carnright

Dated:  June 8, 2017

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The Appellate Division Third Department has unanimously affirmed the June, 2014 conviction of Christopher Holmes upon a jury verdict convicting him of the Class E felony of Criminal Possession of Stolen Property in the Fourth Degree.

Defendant’s conviction stems from an incident which occurred on February 26, 2014, when the victim returned to her home in Cottekill and discovered that the back door had been forced open and she had been burglarized.  Among the items missing were a Dell computer, an Ipad and a significant amount of jewelry.  The defendant, an Ellenville resident, immediately became a suspect because he had been found only an hour and a half earlier by the victim’s neighbor on his property under highly suspicious circumstances.  When Sheriff’s Deputies Franco and Reynolds confronted defendant they observed him carrying the stolen electronics to his front door in an attempt to evade police. When the defendant was taken into custody, police found some of the stolen jewelry in his pockets, including a unique pin engraved with the victim’s first name.

On appeal, the defendant challenged the legal sufficiency of the evidence supporting his conviction and argued that the verdict was contrary to the weight of the evidence.  He argued that the prosecutor’s summation deprived him of a fair trial because it impermissibly shifted the burden of proof to the defense. He also argued that Ulster County Court Judge Donald A. Williams acted inappropriately and was openly hostile and biased towards his lead attorney.  The Appellate Division Third Department ruled that the complaint against Williams was unpreserved for appellate review and, therefore, did not address that complaint. The other claims made by the defendant were found to be without merit.

On appeal, defendant is represented by Jonathan Goldman, Esq. and Allan Sussman, Esq. of Sussman & Watkins, Goshen, New York.  Assistant District Attorney Joan Gudesblatt Lamb handled the appeal for the District Attorney’s Office.

Press Release - Darren Olympia Indictment

FROM: HOLLEY CARNRIGHT

DATE: JUNE 6, 2017

RE: PRESS RELEASE - PEOPLE v. DARREN OLYMPIA - ARMED GUARD INDICTED BY ULSTER COUNTY GRAND JURY FOR SHOOTING FEMALE FRIEND IN THE FACE IN MARLBORO

A 22 year old Newburgh Armed Guard has been indicted by the Ulster County Grand Jury for recklessly shooting a female friend in the face on February 26 in the Town of Marlboro, resulting in extensive injuries to the girl.

Following a night of drinking in Newburgh the parties returned to 32 Bingham Road in Marlboro where they continued to socialize. During this time Darren Olympia of Newburgh, who had recently been certified and licensed for a handgun as an Armed Guard, for no justifiable reason produced his loaded handgun and caused the gun to discharge. The bullet struck the victim’s forehead and blew out her facial bones.

Darren Olympia is charged with Assault in the Second Degree for recklessly causing serious physical injury to the victim with a loaded firearm. Assault in the Second Degree is a class D felony.

Darren Olympia is represented by attorney William Garvin of Newburgh and is expected to appear in Ulster County Court for arraignment within a few days. The case is being prosecuted by Sr. Assistant District Attorney Emmanuel Nneji.

Press Release - Collin Lambert Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JUNE 1, 2017

The Appellate Division, Third Department has today unanimously affirmed the October 14, 2014 conviction of Collin Lambert upon his plea of guilty convicting him of two counts of the crime of robbery in the third degree. 

In September, 2014, the defendant waived indictment and pled guilty to two counts of robbery in the third degree as charged in a superior court information.  During the plea proceedings, defendant admitted that he committed two separate armed bank robberies, the Key Bank in the Village of Saugerties and the Chase Bank in the Village of New Paltz. As part of the negotiated plea agreement, defendant was required to waive his right to appeal.    

Pursuant to the terms of a plea agreement, defendant, a second felony offender, was sentenced to consecutive indeterminate terms of imprisonment of three to six years and ordered to pay restitution. 

On appeal, the defendant claimed that his waiver of appeal was invalid and that the consecutive sentences imposed by County Court were unduly harsh and severe.  The Appellate Division, Third Department, however, found that defendant’s waiver of appeal was knowing, voluntary and intelligent and given that his waiver was valid he was precluded from challenging his sentence. 

On appeal, the defendant is represented by G. Scott Walling, Esq. of Schenectady, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

Press Release - Karon Bowden Sentence

FROM: HOLLEY CARNRIGHT

DATE: MAY 24, 2017

RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  SAUGERTIES SHOOTER SENTENCED TO 24 YEARS TO LIFE IN PRISON

Karon Bowden, 42, formerly of Brooklyn, was sentenced Wednesday, May 24, 2017 to 24 years to life in state prison for the May 31, 2016 murder of his girlfriend, Amy Louise Burger. She was 24 years old at the time of her death. The case was investigated by the Saugerties Police Department who were assisted in their investigation of this matter by members of the New York State Police, the Ulster County Sheriff’s Office, the Kingston Police Department and the Ulster County District Attorney’s Office. 

At sentencing the victim’s mother spoke of Amy’s success, calling her a “rising star”.  She also recounted the loss to her and all of Amy’s family and friends, many of whom were present in court.  Not only have her loved ones endured the pain of losing Amy, but have also lost the memories that we will never be made and dreams for the future that can longer include Amy. 

Special Victims Bureau Chief of the Ulster County District Attorney’s Office, Katherine R. Van Loan, reiterated that her office had requested the Court accept the defendant’s guilty plea understanding that he would not receive the maximum sentence because the victim’s family wanted to be spared the “trauma and public spectacle” that a trial would bring. Despite the fact the defendant lied in his pre-sentence report claiming that the shooting was accidental, Van Loan stated that the District Attorney’s Office was not asking that the defendant be permitted to withdraw his plea of guilty.  Rather, she asked the court to consider the defendant’s disrespect for the legal process in rending the proper sentence.

The defendant attempted to apologize to Amy’s Family and friends, stating that he didn’t mean to hurt Amy, but under questing by the court admitted that he put a gun to Amy’s head and pulled the trigger intending to cause her death.  The defendant declined the court’s offer to read out loud some of the things the defendant said about the murder to another inmate at the Ulster County Jail.  After being placed under oath and potentially facing perjury charges that could draw additional prison time consecutive to the murder sentence, the defendant conceded that the gun did not go off “while he was trying to disarm the victim” but instead that it was a “lie” he told to the Ulster County Probation Department during his interview for the Pre-Sentence Report.   

Ulster County District Attorney, Holley Carnright stated, “The investigation revealed that the victim was attempting to leave the defendant.  It is important for the public to understand how dangerous it can be for victims to break free from the cycle of domestic violence.  It is often inconceivable to loved ones and to the community how volatile relationships plagued by the power and control inherent in domestic violence can be.  As a community we need to be vigilant in looking for situations and be willing to step in when necessary and appropriate.” 

           

An Order of Protection was issued in favor of the victim's immediate family until May 24, 2072, should he ever be released.

The defendant was represented by Daniel Gaffney, Esq. of Kingston, New York.