Man pleads not guilty to trying to hit deputy

By Nate Robson / The Citizen

Wednesday, July 23, 2008 11:32 AM EDT

AUBURN - A Port Byron man pleaded not guilty in Cayuga County Court Tuesday to 10 charges stemming from a March incident in which he is accused of attempting to hit a Wayne County Sheriff's deputy with a van.
Dale Rigby, 39, of 3 Bells Way, Port Byron, is charged with four felony crimes: first-degree attempted assault of a police officer, first-degree attempted assault with intent to cause serious injury, reckless endangerment and first-degree unlawful imprisonment. He is also charged with six misdemeanors.

In June, Rigby rejected a plea offer which would have required him to serve a minimum of 3.5 years in prison. During that court session, Rigby said he would plead to a lesser charge of reckless conduct, but not to intentionally trying to hit the deputy.

Rigby is accused of leading Wayne County Sheriff's deputy George Lorenz on a high-speed chase that started in Wayne County and ended on East Lake Road, in Conquest, on March 17.

When Rigby ended up on a dead-end road, police said, he turned around and drove directly at Lorenz, who had exited his vehicle.

Lorenz fired nine rounds at the van Rigby was driving, hitting the tires and causing Rigby to lose control and crash into a snowbank.

Also in court:

• An inmate's request for life in prison was denied after he tried to plead guilty to felony criminal contempt.

Martin Nagel, 53, who has been serving a two-year prison sentence at Groveland Correctional Facility for the attempted sale of cocaine, said he was already serving a life sentence because he was suffering from an undisclosed illness.

“Give me life, I am already in jail,” Nagel said. “I am eating up your tax dollars ... and I am having a good time doing it. If you charged me with a crime then I am guilty.”

Nagel is accused of violating a subpoena after he refused to be sworn in as a witness and testify before a sealed Grand Jury hearing.

But Cayuga County Judge Mark Fandrich refused to accept Nagel's guilty plea, and assigned James Leone as Nagel's defense attorney.

“In your current state, I am not going to accept your plea,” Fandrich said. “I want you to speak to an attorney, then discuss your options.”

• A North Carolina man faces a shock camp eligible prison sentence with up to two years post release supervision after he pleaded guilty to the felony sale of cocaine.

Demetrius Graham, 16 of 823 Cypress Avenue, High Point, N.C., admitted that he sold less than half an ounce of crack cocaine to an undercover officer in Auburn on May 26.

Graham will also have to pay $350 in restitution when he is sentenced on Sept. 2.

• An Auburn man pleaded not guilty to the criminal sale of a narcotic drug and the possession of a narcotic drug, both felonies.

Scott Cardinale, 27, of 7 Washington St., lower apartment, Auburn, still faces additional charges after his burglary case ended in a mistrial on June 24.

• A Syracuse man pleaded not guilty to felony burglary and two additional misdemeanors charges.

Bail for John Smith III, 25, of 2307 S. State St., Syracuse, was set at $7,500 cash or $15,000 bond.

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net

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