Man gets jail for DWI, fleeing

By Christopher Caskey / The Citizen

Friday, January 11, 2008 2:52 PM EST

AUBURN - An Auburn man will serve jail time for driving drunk and causing an accident that resulted in an injury to a passenger.
Keith E. Titus, 28, was sentenced Thursday in Cayuga County Court to six months in jail and 4.5 years of probation. Titus, of 33 Pulaski St., pleaded guilty Dec. 6, 2007 to felony charges of vehicular assault, driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

Titus admitted that he drove a vehicle owned by his employer into a tree on South Lewis Street Aug. 8, 2007, causing serious injury to a passenger, after he consumed several alcoholic drinks. Titus also admitted that he did not have a driver's license at the time of the incident due to a misdemeanor DWI offense from August 2000.

Titus was treated after the incident at University Hospital, in Syracuse, but left through a side door when police arrived to charge him. The Auburn Police Department arrested him Aug. 25.

Titus will have to pay $320 in fees, and his driver's license will be revoked for a year. Judge Thomas Leone also included as part of Titus' probation the condition that he passes the examination for a high school GED within a year.

The sentence was agreed upon by the defense and prosecution in exchange for the guilty plea. However, there had been discussion of recommending a prison term of one to two years, according to District Attorney Jon Budelmann, who prosecuted the case.

Before announcing the sentence, Leone told Titus that he was giving out the punishment “reluctantly.” While Titus has taken responsibility for his actions, he has a record that includes prior DWI arrests, Leone said.

“There comes a point when you can't keep telling (judges) that you have taken full responsibility and keep committing crimes,” Leone said to Titus.

Also in court:

* Daniel Lisano, of 4 Morris St., Auburn, was sentenced to six months in Cayuga County Jail and 4.5 years of post-release supervision for stealing a television.

Lisano, 19, pleaded guilty Nov. 29, 2007 to fourth-degree grand larceny, a felony. He admitted to breaking into a residence and stealing a 42-inch plasma screen television set.

Lisano will also have to pay $1,000 in restitution.

Defense attorney David Elkovitch told the court that the probation term is appropriate. Lisano is currently taking courses to receive his GED, and he plans to seek employment as soon as he is released from jail.

* Leone adjourned the possible re-sentencing of a Southport Correctional Facility inmate to Feb. 28 so the defense attorney can review minutes of the inmate's prior court dates.

Kareem Hendricks, 27, was sentenced in 2004 to three years in prison and three years of post-release supervision for second-degree assault. However, Leone said Thursday that it seems the court is obligated to impose a post-release term of five years with the prison sentence.

Joseph Sapio, Hendricks' attorney, requested transcripts from numerous court dates related to the case.

* Leone granted a hearing to review a waiver of his right to a speedy trial in the case of Auburn resident Randy Jones.

Defense attorney Michael Bass argued that, while Jones had signed the waiver, he did not do it voluntarily. At the time, Jones had pending charges in Town of Aurelius Court, and the waiver did not specify that he was giving up his right to a speedy trial in this case, Bass said in court.

Jones, 44, of 30 Lansing St., pleaded not guilty in October 2007 to second-degree assault. The speedy trial hearing is scheduled to take place Jan. 17, and Jones is scheduled to begin trial Jan. 28.

The defense also moved to dismiss the case based on interest of justice, a motion that Leone denied. Bass stated that he believed there has been a “systematic intent to delay this trial” from the prosecution.

Bass also questioned the merits of the case, pointing out that Jones is accused of striking the alleged victim with a pipe, tire iron or table leg, but the police found no such object when they arrived. He questioned whether the injury sustained by the alleged victim could have been made by any of those objects, as well.

Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net

The Citizens' Say

There are 1 comment(s)

cottetj wrote on Jan 11, 2008 7:32 PM:

" I grew up with now Judge Thomas Leone. Trust me when I say that he understands how young people act, and that the people involved are aware of how their actions have gotten them into the court system. I am very proud of the way he handles these situations because he has the capability to make the punishment meet the crime and the fact that education is the key to success. I won't expand on how I coached him through high school.
I have become sucessful in the aviation industry, but I am not a judge. "

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