Syracuse-area man pleads guilty to selling crack in Auburn

By Amaris Elliott-Engel / The Citizen

Wednesday, November 15, 2006 9:56 AM EST

A Syracuse-area man awaiting sentencing on charges related to a shoot-out on Syracuse's northeast side entered a guilty plea Tuesday to a charge he sold crack cocaine in Auburn.
Nicholas R. Brice, 21, pleaded guilty to the class B felony of third-degree criminal sale of a controlled substance. He admitted selling crack around 6:45 p.m. Aug. 29, 2005, on Franklin Street in Auburn. Brice is scheduled to be sentenced Dec. 15 in Onondaga County Court for the class A felony of second-degree criminal possession of a controlled substance. He will be sentenced in Cayuga County Court Dec. 12.

In the Syracuse case, Brice and codefendant Shannon Pargeon, 21, had arranged to sell crack cocaine to Elliott Barner, 19. Syracuse police said Barner did not intend to buy the drugs and drew a weapon and began firing. Brice and Pargeon also were armed and returned fire. Barner was hit twice in the back, and Pargeon was hit in the leg. Police recovered seven ounces of crack cocaine and a 9mm handgun from the site of the shooting.

Also in court:

€ Shana Barnett, 25, of Apt. C4, 120 Riverdale Drive, Syracuse, pleaded guilty to the felony charge of fifth-degree criminal sale of a controlled substance. Barnett admitted driving codefendant Charles N. Vaughn, of the same address, while Vaughn allegedly sold crack cocaine to an undercover police officer around 2:51 p.m. June 10, police said. Vaughn's case is still pending.

Barnett was allowed to take a plea bargain offer she had initially declined, which had been withdrawn by the district attorney's office. Judge Mark Fandrich committed to sentencing Barnett to shock probation. The shock, or jail, part of Barnett's sentence has already been served because she has been held in the Cayuga County Jail since her July 19 arrest. Barnett was released on her own recognizance prior to her sentencing Jan. 9.

€ Charles Donato, 29, of 2650 Quick Silver Drive, Fleming, pleaded guilty to the felony charge of fifth-degree criminal sale of a controlled substance. Donato admitted to selling crack cocaine to a police informant around 4:57 a.m. Jan. 9, 2006.

Fandrich committed to considering sentencing Donato to the Willard Drug Treatment program but it would be conditional based upon the completion of a substance abuse evaluation of Donato. Donato is scheduled to be sentenced Jan. 9.

€ Shakima Elliott, 19, of Auburn, was sentenced to one year in Cayuga County Jail after violating her probation by failing to enter a drug treatment program.

“I just can't leave my babies out here alone,” Elliott said. She has two children under the age of one. Fandrich said that “as much as I hate to do it,” he had given Elliott several months to enter a program and she failed to do so.

Elliott was on probation as a youthful offender for possessing crack cocaine.

Elliott became involved in crack cocaine dealing because of an older dealer, Kristy L. Hetherington, with whom she lived. Elliott also was recently arrested on new charges related to a domestic incident.

€ A 16-year-old runaway from a detention facility entered a guilty plea to the felony of fourth-degree criminal possession of stolen property.

The teenager admitted possessing a 2006 Jeep Wrangler stolen from a parking lot near the Carousel Mall.

The teenager and his codefendant were arrested Oct. 23 after they allegedly shot at the windows of a Moravia School District bus with a BB gun and got into an accident in the Jeep on Route 38A in Moravia, police said.

The plea also satisfied a charge of the theft of laptops, shotguns, liquor, BB guns, a surround sound system, a remote control truck and other items from an Oswego County home.

Authorities reported at the time the two teenagers fled the accident and were located respectively in a cornfield adjacent to the crash scene and under an old schoolhouse.

Chief Assistant DA Jon Budelmann said the charges regarding the stolen property were submitted right away for the grand jury's consideration to try to keep the teenagers in custody.

Fandrich said he would consider youthful offender status and shock probation for the teenager at his Jan. 9 sentencing. He was remanded without bail to the Cayuga County Jail.

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

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