Immigrant pleads not guilty to assault

By Amaris Elliott-Engel / The Citizen

Friday, March 17, 2006 4:05 PM EST

AUBURN - An illegal Guatemalan immigrant who was a Cayuga County farmworker pleaded not guilty in Cayuga County Court Thursday to charges of attempting to sexually assault a woman in August.
Jose Zacarias-Rubio, 30, was arraigned on three felony charges of first-degree attempted rape and a misdemeanor charge of second-degree unlawful imprisonment.

He was observed physically assaulting a woman at 8 Justin Drive, Fleming, by Cayuga County Sheriff's deputies before they forced entry into the residence and took him into custody, authorities said.

The deputies arrived at the home when investigating a driver who had fled the scene of a property damage motor vehicle accident on Mosher Road in Scipio.

Witnesses supplied the deputies with Zacarias-Rubio's name and address.

Zacarias-Rubio is being held on a federal immigration warrant and will not be released from custody because of it. A Spanish translator was needed to conduct Thursday's proceeding.

Motions in his case are scheduled to be argued May 11.

Also in court:

- Denise Bond, 39, with a last known address of 54 Orchard St., Auburn, pleaded guilty to a felony charge of fifth-degree criminal sale of a controlled substance. She admitted passing cocaine and money during a drug sale conducted between a police informant and her ex-boyfriend.

Bond pleaded guilty April 15, 2004, to selling cocaine to a police informant Feb. 25, 2004. This latest conviction will be a violation of her probation term. Her sentencing is scheduled for April 20.

- Kimberly Colbert, 36, of 3589 Depot Road, Auburn, entered a guilty plea to the felony charges of second-degree vehicular assault and driving while intoxicated.

With a sniffle, Colbert admitted driving with a 0.11 blood alcohol count 4:30 p.m. Sept. 14 on Route 5 in Sennett, crossing over the centerline of the road, crashing into another vehicle and causing the female driver to suffer broken legs, internal injuries and a collapsed lung.

The driver spent five weeks in the hospital and another five weeks in a wheelchair after the accident, said Assistant District Attorney Diane Adsit.

Colbert's sentencing is scheduled for April 20.

- Joseph Crawford, 60, of Basswood Road, Auburn, was sentenced to 1 1/3 to four years in state prison for the felony charges of driving while intoxicated and first-degree aggravated unlicensed operation. Crawford drove drunk with 0.20 blood alcohol count in the westbound lane of Route 5 in Aurelius around 3 a.m. Oct. 16. It was his first felony, but his fifth driving while intoxicated conviction.

- Judge Peter Corning denied a motion to dismiss the indictment brought against Kriss Kissell, 40, of Syracuse.

Kissell faces charges he drove drunk and without a license while leading police on a high-speed chase Oct. 24 - at times going as fast as 75 mph - from the village of Port Byron out to Onondaga County's Warners.

- Ahmad Germany, 23, of Hempstead, Long Island, entered a not guilty plea to two felony charges of third-degree criminal sale of a controlled substance and two felony charges of third-degree criminal possession of a narcotic drug Sept. 13, 2002. Germany, once a student at Cayuga Community College, had an outstanding warrant for his arrest from the Auburn Police Department that only was recently executed.

Corning released him on his own recognizance because of the age of the charges. The case was adjourned for motion arguments May 11.

- Arnold Gratton III, 24, of 6605 Route 90, Cayuga, was sentenced to probation and drug counseling for the felony charge of third-degree attempted criminal possession of a weapon. Gratton possessed fireworks that were amped up to become low-level explosives July 23 at Park Place in Auburn.

- Jason McConnell, 22, of 59 E. Genesee St., Auburn, was sentenced to a conditional discharge for the felony charge of fifth-degree attempted criminal sale of a controlled substance. McConnell admitted selling a pill of Ecstasy Aug. 18, 2003. Because he is reliably employed and has stayed out of trouble since the crime, the conditional discharge was warranted, said McConnell's attorney, Sam Giacona.

- Julia Melendez, 41, of New York City, pleaded guilty to the felony charge of first-degree introduction of dangerous contraband into a prison. Melendez admitted bringing heroin into the Cayuga Correctional Facility in Moravia April 24, 2005. Her sentencing is scheduled for May 4.

- Carl T. Morgan, 16, of Auburn, was sentenced to five years probation and 120 hours of community service for firebombing an unmarked police car as part of an August criminal mischief spree he committed in the city. Morgan also received youthful offender treatment for the felony charge of third-degree arson.

The police car was parked on West Clymer Street Aug. 19. The unmarked Chevrolet Impala was worth $9,000 and was a complete loss.

Morgan received a lower sentence than his codefendant, Charles J. Allen, 18, because he had a minimal history of being in trouble and was involved in the community, Corning said.

- Kevin Thomas, 30, of 26 Seminary St., pleaded guilty to the felony charge of fifth-degree criminal sale of a controlled substance. He admitted selling crack cocaine June 2. Thomas has a prior felony of fifth-degree criminal possession of a controlled substance on his record. His sentencing is scheduled for April 20.

- Stacy VanTassell, 30, of 1334 Woodlawn Ave., Auburn, pleaded guilty to the felony charge of first-degree attempted robbery. She admitted taking a razor knife and trying to rob Nino's Pizzeria in Port Byron July 23.

Her bail was reduced to $10,000 cash or $10,000 bond, an amount VanTassell said she would be able to post. Her sentencing is scheduled for April 20.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net

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