Judge postpones sentencing for funeral

By Amaris Elliott-Engel / The Citizen

Saturday, April 28, 2007 12:22 AM EDT

AUBURN - An Auburn man's sentencing was rescheduled a second time in Cayuga County Court Friday so he will be able to attend the funeral for the mother of his 9-month-old daughter.
Scott Farrelly, 21, of Auburn, is slated to be sentenced Thursday, May 3, to state prison time for the felonies of third-degree burglary, operating a motor vehicle with a blood alcohol count of .22 and third-degree aggravated unlicensed operation of a motor vehicle.

The case was transferred from Cayuga County Surrogate Judge Mark Fandrich to Cayuga County Judge Thomas Leone. Leone gave Farrelly a second adjournment because the funeral will not be held until next week for Precious Wingate. Fandrich gave him the first adjournment from Tuesday until Friday.

Wingate died following a month spent in a Rochester hospital because of cancer. She has struggled with liver cancer since childhood.

“It's imperative you get back to court next week,” Leone said. “It goes without saying stay out of trouble, spend time with your daughter and take care of your affairs.” Both of Farrelly's codefendants got into trouble while their court cases were pending.

Farrelly's attorney, Norm Chirco, said Farrelly has stayed in touch with him, made most of his court appearances and “understand he is going to prison when he is sentenced.”

Assistant District Attorney Samuel Finnessey Jr. said the sentencing adjournment was the court's prerogative

Farrelly said he stayed close to his child's mother, Precious Wingate, after they split up and that he has been taking care of his baby. He also said he was going to seek a custody order so he could take care of his daughter when he got out of prison.

Farrelly has admitted to the smash-and-grab theft of three bottles at Jake's Liquor Store, July 2 and to driving intoxicated about 8:15 a.m. in Aurelius where the state police pulled him over.

Farrelly's codefendant James Scott was charged with allegedly slicing a teenager's head with a box cutter during a street fight in front of a bar in March. His sentence had been postponed from March 8 until March 29 by Leone so he could be out of custody when his girlfriend gave birth. The bar fight charges are still pending, but he is now serving a Cayuga County Jail sentence for the two misdemeanor crimes of false personation and petit larceny.

Whitt White - while out on bail following his arrest for the liquor store burglary - stabbed a man in the back with a knife around 2 a.m. July 23, at the intersection of Perrine Street and Rock Avenue in Auburn. He is serving three years in state prison for that attack.

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

The Citizens' Say

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There are 8 comment(s)

literate wrote on Apr 29, 2007 8:51 AM:

" to friend of the Wingate family: check your spelling on funeral and racist and by the way what does race have to do with a thing? "

veiwer wrote on Apr 28, 2007 8:00 PM:

" people need to get for real if it was your family you would want the judge to do the same for you not everybody is perfect in this world so get over yourself he has all the time in the world to do his time right now he needs to take care of things and he has stayed out of trouble since this has all happened and i have all the respect in the world for the judge you did right by letting him attend this furnel and i hope this guy all the luck in the world because he is going to need it to raise that little girl when he gets out "

friend of the wingate family wrote on Apr 28, 2007 7:25 PM:

" who ever wrote that he should be locked away and not be able to attend the furneal must be a real racis pig "

Millie wrote on Apr 28, 2007 6:18 PM:

" Auburn NY: the city to live in if you are too busy to stand trial or too busy to serve your sentence. Baby shower, funeral, whatever, just let us know when you are ready. And I thought we only pandered to criminals once they actually WERE in carcerated "

Wondering wrote on Apr 28, 2007 11:42 AM:

" How many new crimes he will commit between now and when he is finally sent to where he belongs? And viewer, most of these guys are repeat, career offenders who are never going to "get their lives together". They are going to do their time, get out and start all over again until they are finally sent away again. I wished that things worked out like you said but it is very unlikely. "

veiwer wrote on Apr 28, 2007 10:29 AM:

" people need to stop and think about what they write her the judge did the right thing by letting this guy attend this furnel its just called respect not being soft what he did has nothing to do with his child and her mother and i hope he learns from this that little girl really needs him now so he better get his life together in prison and come out and be a good dad "

Lives Ruined... wrote on Apr 28, 2007 8:06 AM:

" i realize this is the court summary, but how depressing! What started all this? Why couldn't it be nipped in the bud when they were, umm, 10 years old? "

john wrote on Apr 28, 2007 6:47 AM:

" if your schedule is busy and there are things to do and you plan on breaking the law....well i guess auburn is the place to do it. The judges in this town are getting soft in there decision making "

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