Holdup attempt nets five years

By Amaris Elliott-Engel / The Citizen

Friday, May 26, 2006 10:28 AM EDT

AUBURN - An Auburn woman was sentenced to five years in state prison for trying to rob Nino's Pizzeria in Port Byron while she was high on drugs, a sentence that Cayuga County Judge Peter Corning said could have been lower if he wasn't constrained by state laws over minimum sentencing requirements for second-time felons.
Stacy VanTassell, 31, of 1334 Woodlawn Ave., also was sentenced to five years post-release supervision for the felony crime of first-degree attempted robbery. She took a razor knife and tried to rob Nino's Pizzeria in Port Byron July 23.

“I know I deserve time, especially for scaring those children. I never would have done that in my right mind,” VanTassell said in a tear-choked voice in Cayuga County Court Thursday.

VanTassell said she will be clean for a year July 23, the longest she has ever been off drugs. Her children will suffer while she is imprisoned, she said. VanTassell's prior 1997 felony in Onondaga County for fourth-degree grand larceny also was drug-related, said Chief Assistant District Attorney Jon Budelmann, who asked Corning to sentence VanTassell to the lowest possible term.

VanTassell has a “terrible drug addiction,” her attorney, Kevin Taylor, said. “When she's away from that, she's (an ideal) person to have live next door.”

“If I were going to take a vote among your attorney, the district attorney and everybody else in the court, everybody would see you as a pathetic figure,” Corning said.

But no exception could be made for VanTassell with law-and-order-focused political campaigning that resulted in laws constraining judges from making those exceptions, he said.

VanTassell was escorted out of the courtroom by Cayuga County sheriff's custody deputies, a Bible and tissues in hand.

Also in court:

€ Anthony Amodei, 18, of 1220 Route 176, Ira, was sentenced to four months in Cayuga County Jail and five years probation for two counts of third-degree burglary.

Amodei stole beer from the Big M Supermarket in Weedsport June 18 and, on the same day, entered a private residence on South Street in Weedsport and stole a Sony Playstation.

He was denied youthful offender status, but his codefendant was granted youthful offender status for the same charges. He will pay $270 restitution to the supermarket in lieu of the state felony conviction surcharge.

€ Kenneth Armstrong, also known as “White Chocolate,” 23, of 1272 Tollgate Hill Road, Moravia, and Aaron G. Manning, 21, with no permanent address entered not guilty pleas during their arraignments on 14 felony charges.

Charges were related to an alleged two-week stint of stealing cars and other items in Cayuga and other counties.

Both men were arrested in February after both raced and then crashed stolen cars in Homer, Cortland County, during a police chase. They face charges in Cortland County. No bail was set. A pre-trial conference with their attorneys was scheduled for today. Motions were set to be argued July 20.

€ Camisha Bacon, 22, of 15 Fort St., Apt. 2, Auburn, was sentenced to five years probation for the felony crime of third-degree attempted criminal sale of a controlled substance. Bacon attempted to sell crack cocaine Aug. 16, 2004.

€ Ahmad Germany, 23, of Hempstead, Long Island, pleaded guilty to the felony crime of fifth-degree criminal sale of a controlled substance for a Sept. 13, 2002, crack cocaine sale.

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. His sentencing is scheduled for 10 a.m. Aug. 3.

€ David Hall, 23, of 3922 Mathers Road, Moravia, was sentenced to one year in Cayuga County Jail for the misdemeanor of sexual misconduct. He had sexual relations with a 14-year-old May 13, 2005, within city limits. Because it was the second time in a 13-month period he had sexual relations with a girl under the age of 16, his sexual offender level was raised from level two to the maximum, level three.

€ Lemont Johnson, 30, of 174 Genesee St.. Apt. 10, Auburn, pleaded guilty to the two felony crimes of fifth-degree criminal sale of a controlled substance and fifth-degree criminal possession of a controlled substance. Johnson admitted selling crack cocaine Feb. 13 and possessing crack cocaine Feb. 17. His sentencing is scheduled for 10 a.m. July 6.

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

* Kriss Kissell, 40, of Syracuse, was sentenced to 1 1/3 to four years in state prison, the maximum sentence possible for the felony crime of first-degree aggravated unlicensed operation. He was convicted in a jury trial April 26 of the felony as well as the misdemeanor crime of driving with the ability impaired and two traffic infractions. He was conditionally discharged for the other three convictions.

Kissell has six previous convictions for drinking and driving. “Alcoholism is a disease. We all know that,” Corning said. “Driving while intoxicated is not.”

Kissell was a risk to other drivers and the Cayuga County Sheriff's deputies who pursued him in a high-speed chase between Port Byron and Onondaga County's Warners Oct. 24, Corning said.

Kissell had been out of jail on a prior drunk driving conviction less than two months when the chase took place.

* Brian Thompson Jr., 20, of 182 Van Anden St., Auburn, was arraigned on three felony and a misdemeanor and violation charges related to the allegation he struck and tried to stab Auburn Police Department Sgt. Gregory Dann with a 10 3/4-inch knife April 18.

His bail was maintained for the time being at $25,000 cash or $50,000 bond out of Corning's concern with the number of arrests he has had at his age. He has been arrested for lower-level crimes eight times since July 2003.

Motions in his case are scheduled to be heard July 20.

* Theodore Verdugo, 20, of 101 Franklin St., Auburn, pleaded guilty to the felony crime of third-degree burglary. Verdugo admitted entering an Aurelius home and stealing jewelry and a camcorder, which he pawned for $124. His sentencing is scheduled for 10 a.m. July 6.

Three other teenagers have been arrested as adults for the burglary; their cases are pending.

* William Vibbert, 26, of 77 Columbus St., Auburn, pleaded guilty to the felony crime of third-degree grand larceny. Vibbert admitted writing thousands of dollars of bad checks. He must pay $8,100 in restitution. His sentencing is scheduled for 10 a.m. July 13.

His father, Andrew Vibbert, 45, of 72 Frances St., Auburn, also was involved in the check writing scheme from a Savannah Bank account, Budelmann said.

Andrew Vibbert was sentenced to state prison terms earlier this spring for changing a $100 check given to him from SS. Peter and John Church to pay a telephone bill to $400 and writing $1,200 worth of bad checks at Wal-Mart.

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

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