Here's a look at what happened during Tarrytown Court's June 22, 2011 session.
Jimenez Arraigned on New Charges from Old Incident
Ascension Jimenez made his first appearance on charges of Criminal Sale of a Controlled Substance in the 3rd degree (a felony) and Criminal Possession of a Controlled Substance in the 7th degree (a misdemeanor). The first charge is new, while the later stems from an incident that took place on September 18, 2009.
Jimenez was previously arraigned in October of 2009 on the possession charge, yet he faced new charges in light of lab reports. He is currently being remanded at the county jail after being rearrested on June 16 by the Greenburgh Drug and Alcohol Task Force. His attorney reserved asking for bail.
Johnson Takes Plea, Exonerates Martin in Stop and Shop Shoplifting Case
Larry Johnson and Shaeka Martin were both charged with Petit Larceny after allegedly stealing infant formula from Stop and Shop at 350 South Broadway. Martin has been in jail on $1,500 bail since May 20, when they were arrested, while Johnson was out on $500 bail.
However, Johnson pled guilty to Petit Larceny in court. In his plea, he stated that he did steal the infant formula, but that Martin had no idea that he was stealing, and did not encourage him to.
Due to his long record, Johnson will receive a sentence of 6 months incarceration when he is officially sentenced on September 18th of this year, assuming he is not rearrested. Meanwhile, Martin was released on her own recognizance. After her handcuffs were removed, she ran and hugged her mother, before leaving the courtroom. She still must return to court on the sentencing date to have the charges officially dismissed.
Reilly Likely to Get Increased Charge or Take Plea
Robert Reilly, who had had an arrest warrant out for him for over a year in an Aggravated Unlicensed Operation in the 3rd degree case, returned to court, to hear that Assistant District Attorney Robert Docherty was considering increasing the charges against him to Aggravated Unlicensed Operation in the 2nd degree. This charge carries a greater fine, and often a period of incarceration.
However, Reilly was offered to plead to the original charge (still a misdemeanor) and pay a $585 fine. Reilly said he would consider the offer and get the funds together if he were to accept the offer. The matter was adjourned a final time to July 6th.
Malloy Makes First Appearance on Forged Instrument Charges
Lajubiann Malloy made her first appearance in court. She is charged with Possession of a Forged Instrument in the 2nd degree. This is the fourth of these forgery cases to occur in Tarrytown in the past few months. She is only 18 and resides in Manhattan.
Her attorney asked for her to be released due to the fact that she has to take regents and has to care for her mother who had had a heart transplant recently. ADA Docherty argued that she had another arrest recently for Criminal Trespass and had no connection to Tarrytown.
Justice Kyle McGovern decided that due to her caregiver status, bail should be low, yet should be set high enough to make sure she keeps coming back. He set bail at $500. Her mother was set to post bail back at the jail. The case was adjourned for two weeks.
Reyes Case Heading to County Court
With two felonies now charged against him (Aggravated Unlicensed Operation in the 1st degree and Aggravated DWI), Horacio Reyes will have his case sent to Westchester County Court in White Plains.
Reyes allegedly drove while heavily intoxicated and crashed into six cars between the villages of Tarrytown and Sleepy Hollow.
Sherrod’s Mental State Called into Question in Burglary Case
Donovan Sherrod Jr. made his first appearance in court on charges on Petit Larceny and Burglary in the 2nd degree (a C Felony). He was arrested after an investigation into reported on May 15, where a YMCA resident had $500 worth of syringes stolen from his locked room.
Sherrod’s attorney said that he has a psychiatric condition that requires medication. It was alleged that he was not receiving proper treatment at the jail, and should be released to remain of sound mental state.
However, ADA Docherty pointed out that Sherrod had been convicted of a federal offense in the past and went to federal prison. He also reminded the court that Sherrod was likely not being treated properly outside of jail if he was committing burglaries.
Justice McGovern decided to set bail at $2,500, $5,000 bond with a full stay-away from the victim. The case was adjourned for a week.
Oliphant’s Record Concerns Court, Bail Increased
Antoine Oliphant made his first appearance after being arrested on June 21 for allegedly getting into a fight in front of the Tarrytown Stop and Shop and attempting to steal from the business. He is charged with Attempted Petit Larceny. Bail was originally set at $500 at his arraignment the night before court. However, once he was fingerprinted, his record gave the ADA and judge reason to pause.
With a 36-page rap sheet, which included 4 bail jumping charges and 2 active arrest warrants in New Rochelle, ADA Docherty said that Oliphant should have a significant increase in bail. Due to his record and warrants, Justice McGovern agreed and set bail at $2,500. He also pointed out that Oliphant will likely be arrested on a New Rochelle warrant. The case was adjourned to June 29.
Villada Arrested by Greenburgh Police During Court
Leonardo Villada appeared in court on charges of Aggravated Unlicensed Operation. However, it was found that he had an active warrant for his arrest dating back to 2002 in the town of Greenburgh. He was taken to the police station to be picked up and taken to Greenburgh court.
- Odain Thompson, charged with Assault in the 2nd degree and Criminal Mischief in the 3rd degree (both felonies) had his case adjourned to July 28th for him to take a plea.
- Jonathan Alvarez Criminal Sale of a Controlled Substance in the 5th degree, and Sale of Marijuana in the 5th degree, as well Criminal Possession of a Weapon in the 4th degree from separate incidents, had his case adjourned for two weeks for him to negotiate a plea agreement with the District Attorney.
- Debra Leon had her charges reduced from Criminal Mischief in the 3rd degree (a felony) to Criminal Mischief in the 4th degree (a misdemeanor) after it was determined she only caused $205 worth of damage, not more than $250, which is the threshold that defines the two charges.
- Cedric Bowen was given one week adjournment before sentencing on his violation of probation case. He is set to receive 120 days incarceration. “Next week, he’s going in,” said Justice McGovern.