Sentences handed down in county court

By BRIAN FERRY

bferry@timesobserver.com

Three defendants were sentenced to terms in state prison during Warren County sentence court proceedings last Friday before Judge Gregory Hammond.

Those sentenced to state prison were:

Robert James Cochrane, Olean, N.Y., one to three years with credit for 73 days served, a $1,000 fine, $250 in fees, court costs, and no contact with the victim, for two counts of theft by unlawful taking; and a $200 fine, a $30 surcharge, and 12-month drivers license suspension, for driving while under suspension. Cochrane is recidivism risk reduction incentive (RRRI) eligible.

Matthew Robert Kuzminski, 3 Depot St., Box 133, Irvine, 15 months to five years, a $1,000 fine, $500 in fees, court costs, a drug and alcohol evaluation and complete recommended treatment, for theft by unlawful taking or disposition. Kuzminski is boot camp and RRRI eligible.

Bobby Lee Smith, Warren County Jail, 36 to 72 months, a $10,000 fine, $725 in fees, court costs, and a two-year drivers license suspension, for possession with intent to deliver. Smith is boot camp and RRRI eligible.

Others sentenced Friday include:

Joseph Jonathon Acevedo, 320 Crescent Park, 30 days to six months in Warren County Jail, a $500 fine, $400 in fees, court costs, attend and complete the alcohol highway safety school (AHSS) and victim impact panel (VIP), a drug and alcohol evaluation and complete recommended treatment, a 12-month drivers license suspension, and 15 hours community service, for DUI: high rate of alcohol – first offense. Acevedo is eligible for work release and early reentry.

Patricia J. Bargy, Randolph, N.Y., two days to one year in Warren County Jail with credit for two days served, a $500 fine, $375 in fees, court costs, a mental health evaluation and complete recommended treatment, 25 hours community service, and no entering WalMart properties, for retail theft.

Heather A. Berardi, Bradford, 39 days to six months in Warren County Jail with credit for 39 days served, a $1,000 fine, $525 in fees, court costs, AHSS and VIP, a drug and alcohol evaluation and complete recommended treatment, a 12-month drivers license suspension, 15 hours of community service, and no parole until she has secured housing, for DUI: general impairment with refusal – first offense.

Seth Daniel Clark, 124 Beaty St., one year of probation consecutive to an existing sentence, restitution of $1,173.66, a $500 fine, $250 in fees, court costs, 25 hours of community service, and no contact with the victim, for criminal mischief.

Randy L. Eck, 205 Cottage Park Lane, Box 325, Columbus, one year probation, $1,240 in restitution, a $500 fine, $250 in fees, court costs, and no contact with the victim, for bad checks.

Margaret Ann Froman, 31 Jefferson St., Tidioute, one year probation, restitution of $12.99, a $300 fine, $375 in fees, court costs, 25 hours of community service, and no contact with the victim, for retail theft.

Donald C. Gesin, 142 Main St., Apt. 4, Tidioute, 72 hours to six months in Warren County Jail, a $1,000 fine, $775 in fees, court costs, VIP and AHSS, drug and alcohol evaluation and complete recommended treatment, a 12-month drivers license suspension, and 15 hours of community service, for DUI: highest rate of alcohol – first offense; five months to 18 months minus one day, one year probation, and a $1,000 fine, for endangering welfare of a child; and a $25 fine and $30 surcharge, for careless driving. Gesin is work release and early reentry eligible.

When asked for leniency due to the injuries sustained by Gesin in the DUI crash, Hammond said, “I feel bad about your injuries. I feel worse about the fact you’d subject two children to injury and possibly death.” According to details of the case discussed in court, the two children were in Gesin’s vehicle when he left “a drinking establishment”, were not properly restrained, and were injured – one flown by emergency helicopter – in the crash after which Gesin’s BAC was measured at .20.

James Michael Hart, Erie, three years probation, a $1,000 fine, $375 in fees, court costs, 50 hours community service, sex offender counseling and evaluation, and no contact with the victim, for corruption of minors.

Tina Lynn Martinelli, 226 Eccles Rd., Sugar Grove, four years probation, restitution of $13,384, a $500 fine, $125 in fees, court costs, and no contact with the victim, for theft by unlawful taking.

Robert John Moore Jr., Kane, three months to two years minus one day in Warren County Jail, a $500 fine, $625 in fees, court costs, sexual offender counseling, and no contact with the victim, for indecent assault. Moore is early reentry and work release eligible. He will be registered as a tier 1 sexual offender for 15 years.

Raymond Dale Snyder, Warren County Jail, six months to two years minus one day in Warren County Jail to be served concurrent with an existing sentence, one year probation, a $1,000 fine, $725 in fees, court costs, drug and alcohol evaluation and complete recommended treatment, and a six-month drivers license suspension, for possession with intent to deliver.

Kipp Daniel Spencer, 130 Follett Run Rd., one year probation, a $300 fine, $250 in fees, court costs, drug and alcohol evaluation and complete recommended treatment, 25 hours community service, and no entry to the property, for disorderly conduct; one year consecutive probation, a $300 fine, and 25 hours of community service, for disorderly conduct; and a $300 fine, for public drunkenness.

Steven Joseph Wedge, 600 Holly St., one year probation consecutive to an existing sentence, a $300 fine, $250 in fees, court costs, drug and alcohol evaluation and complete recommended treatment, 25 hours of community service, and no entry to the property, for disorderly conduct.

A bench warrant was issued for the arrest of Bridget M. Bardo, Randolph, N.Y., charged with conspiracy – retail theft. According to Hammond, the bench warrart will be rescinded if Bardo presents proper documentation that she was hospitalized at the time of sentencing.