Raymond E. Jamison Jr., a Town of Boston construction worker, pleaded guilty today to criminally negligent homicide and drunk driving in the death of an off-duty Buffalo police officer on the Niagara Thruway early on July 24.
Officer Jose A. Colon's SUV was rammed from behind by Jamison about 4 a.m. on the southbound I-190, just before the Clinton Street ramp. The crash also injured two of Jamison's four passengers.
Erie County Judge Michael F. Pietruszka refused to give Jamison a sentencing commitment on his plea to single counts of criminally negligent homicide, misdemeanor drunken driving and two felony counts of vehicular assault for the injuries to his two passengers.
With no objection from Kelley A. Omel, chief of the district attorney's Vehicular Crimes Unit, the judge let Jamison remain free on $50,000 previously posted bail pending his Jan. 21 sentencing.
Jamison, 22, of Fairlane Drive, faces a possible prison term of up to four years. But defense attorney Andrew C. LoTempio said after the plea proceeding that he hopes the judge imposes a "far lesser" sentence.
LoTempio said Jamison, whose car was "totaled" in the fatal rear-end crash, "has accepted full responsibility and he feels horrible" about what happened.
Mark John Grisanti, the Colon family's attorney, also attended the plea proceeding and said that while insurance carriers are working out payments, a civil suit "could be" filed by the police officer's family.
Jamison is undergoing alcoholism counseling at the Erie County Medical Center. Today's plea was witnessed by his mother, brother and two younger relatives.
Source
Saturday, November 28, 2009
Sunday, November 15, 2009
Sheriff pleads not guilty in court, battle brewing over whether he keeps job
LINCOLNTON — Lincoln County Sheriff Tim Daugherty made his first appearance in court Tuesday morning.
TV and newspaper reporters sat in the audience along with a few of Daugherty’s employees.
Daugherty shook the hand of one of the courtroom bailiffs and patted him on the back before the proceedings began.
“He’s a great man, a Christian man. He ain’t guilty of nothing,” Lt. Stanley Crowder said while sitting in the front row of the courtroom.
The first appearance was over in just a few minutes, with Daugherty pleading not guilty to the three charges he faces — two felony counts of obstruction of justice and a misdemeanor charge of giving a false report to law enforcement.
Reporters followed Daugherty down three flights of stairs in the courthouse before he took another flight down to the magistrate’s office.
Crowder, Daugherty’s public information officer, met with the media outside of the courthouse. The sheriff has no comment, Crowder said.
When asked if Daugherty was going back to work, Crowder said yes.
“He has no plans whatsoever to resign,” Crowder said.
Daugherty was headed back to work, according to Crowder.
Daugherty was represented by Andrew Banzhoff of Devereux & Banzhoff Attorneys at Law out of Asheville.
Daugherty was arrested Monday after a Lincoln County grand jury handed down indictments. The charges stem from the conviction of Daugherty’s chief deputy Barry Taylor.
Taylor was convicted of obstruction of justice Sept. 30 and fired a few days later for helping a Denver doctor avoid a possible DWI charge.
Evidence in Taylor’s trial made Assistant District Attorney Gwynn Radeker question the sheriff’s knowledge of Taylor’s actions the night of the 2007 incident.
Indictments say Daugherty instructed Taylor to let the doctor go and that the sheriff lied to State Bureau of Investigation officers when questioned about it.
Taylor received 18 months probation and 40 hours community service for the misdemeanor obstruction of justice conviction.
If convicted, Daugherty would probably get 12 to 16 months probation and no jail time, according to Radeker. The penalty could be years in prison for a person with a criminal history, he said.
Radeker said he did not know when the matter would go before a judge.
County Commission Chairman Alex Patton does not intend to wait for the trial to remove Daugherty from his position as sheriff.
Patton made his second call for Daugherty’s resignation during a press conference Monday.
Commissioners will meet with the county attorney 6:30 tonight at the Citizens Center to start a petition for removal.
A petition for removal can be created by the county attorney, district attorney or five registered voters, according to Eddie Caldwell, executive vice president with the North Carolina Sheriff’s Association.
The petition is then submitted to a Superior Court judge who would decide whether to remove or suspend the sheriff.
That process moves more quickly than criminal cases because state statues dictate petitions to be placed at the top of the court docket, Caldwell said.
“That court case is likely to move faster than the criminal indictment,” Caldwell said.
Because Daugherty is an elected official, he cannot be fired.
According to state statutes, a sheriff can be removed for neglect or refusal to perform the duties of his office; misconduct, corruption, extortion, conviction of a felony or intoxication.
If Daugherty is removed from office, the Democratic Party would have 30 days to present a replacement to the County Commission.
Source
TV and newspaper reporters sat in the audience along with a few of Daugherty’s employees.
Daugherty shook the hand of one of the courtroom bailiffs and patted him on the back before the proceedings began.
“He’s a great man, a Christian man. He ain’t guilty of nothing,” Lt. Stanley Crowder said while sitting in the front row of the courtroom.
The first appearance was over in just a few minutes, with Daugherty pleading not guilty to the three charges he faces — two felony counts of obstruction of justice and a misdemeanor charge of giving a false report to law enforcement.
Reporters followed Daugherty down three flights of stairs in the courthouse before he took another flight down to the magistrate’s office.
Crowder, Daugherty’s public information officer, met with the media outside of the courthouse. The sheriff has no comment, Crowder said.
When asked if Daugherty was going back to work, Crowder said yes.
“He has no plans whatsoever to resign,” Crowder said.
Daugherty was headed back to work, according to Crowder.
Daugherty was represented by Andrew Banzhoff of Devereux & Banzhoff Attorneys at Law out of Asheville.
Daugherty was arrested Monday after a Lincoln County grand jury handed down indictments. The charges stem from the conviction of Daugherty’s chief deputy Barry Taylor.
Taylor was convicted of obstruction of justice Sept. 30 and fired a few days later for helping a Denver doctor avoid a possible DWI charge.
Evidence in Taylor’s trial made Assistant District Attorney Gwynn Radeker question the sheriff’s knowledge of Taylor’s actions the night of the 2007 incident.
Indictments say Daugherty instructed Taylor to let the doctor go and that the sheriff lied to State Bureau of Investigation officers when questioned about it.
Taylor received 18 months probation and 40 hours community service for the misdemeanor obstruction of justice conviction.
If convicted, Daugherty would probably get 12 to 16 months probation and no jail time, according to Radeker. The penalty could be years in prison for a person with a criminal history, he said.
Radeker said he did not know when the matter would go before a judge.
County Commission Chairman Alex Patton does not intend to wait for the trial to remove Daugherty from his position as sheriff.
Patton made his second call for Daugherty’s resignation during a press conference Monday.
Commissioners will meet with the county attorney 6:30 tonight at the Citizens Center to start a petition for removal.
A petition for removal can be created by the county attorney, district attorney or five registered voters, according to Eddie Caldwell, executive vice president with the North Carolina Sheriff’s Association.
The petition is then submitted to a Superior Court judge who would decide whether to remove or suspend the sheriff.
That process moves more quickly than criminal cases because state statues dictate petitions to be placed at the top of the court docket, Caldwell said.
“That court case is likely to move faster than the criminal indictment,” Caldwell said.
Because Daugherty is an elected official, he cannot be fired.
According to state statutes, a sheriff can be removed for neglect or refusal to perform the duties of his office; misconduct, corruption, extortion, conviction of a felony or intoxication.
If Daugherty is removed from office, the Democratic Party would have 30 days to present a replacement to the County Commission.
Source
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