Man released pending grand jury action
COLONIE – An East Greenbush man was taken into custody by police there on Friday, May 17 for an August incident that took place in Colonie.
Court records show that Colonie police applied for and received an arrest warrant on August 15 for Myron Graves, 55, who was living in Albany at the time, after an investigation into an incident that took place five days earlier on Stover Place.
According to records, on August 10 at approximately 6:50 p.m. Graves allegedly had a verbal disagreement with and verbally threatened a person on the phone and a short while later he drove to the person’s house. Graves blew his horn outside the person’s house until they emerged, then proceeded to chase the person across the lawn while holding a machete.The person was able to get inside and Graves allegedly said “I am going to get you” the next time he saw him he was going to slit his throat, while tapping the tip of the machete on the front glass door. He then left.
The person went to the Colonie police station and filed a report and requested a full-stay away order of protection.
After an investigation, detectives filed charges and issued an arrest warrant for criminal possession of a weapon – third degree, a felony, menacing – second degree and aggravated harassment – second degree. Graves also has prior felony convictions for criminal possession of a weapon – third degree and attempted sale of a controlled substance – third degree on the same date in 1990.
He was arraigned by Colonie Town judge David Green at 6:45 p.m. on May 17 and was released on his own recognizance. According to Colonie Town Court records he is due to appear in court on June 17, but the case may be moved to County Court.
According to State law CPL 530.10, when arraigning a defendant with any felony charge, which applies in this case, “a city court, a town court or a village court may not order recognizance or bail when (i) the defendant is charged with a class A felony, or (ii) the defendant has two previous felony convictions.”
That order, however, was not followed by Green on May 8 when he released another man with two felony convictions, Garry McFadden, after another felony arrest. We reported that story last week, but this situation may be different when the two felony convictions are from the same incident.
In court decisions it has been argued that multiple felony convictions stemming from the same incident are counted as one when calculating the number of convictions used to determine if a defendant is a prevalent felony offender.
Spotlight News contacted Green and he agreed to speak generally about the process, but would not speak to this specific case.
“Case law provides discretion to overlook the mandate if the felonies are on the same date,” Green said.
In the Graves case, because his two convictions were from the same date, Green had the option to consider bail or other non-monetary release options.
When a judge releases a defendant on his own recognizance, a preliminary hearing is not set, but a defense attorney and an assistant district attorney must be able weigh in on the decision.
According to CPL 530.20 2. (B), “No local criminal court may order recognizance, release under non-monetary conditions or bail with respect to a defendant charged with a felony unless and until: (i)The district attorney has been heard in the matter or, after knowledge or notice of the application and reasonable opportunity to be heard, has failed to appear at the proceeding or has otherwise waived his right to do so.”
When asked if the ADA was present at the arraignment or were they contacted, the Colonie Town Court responded in an email that there was “No reference in the docket notes.”
Spotlight News then inquired at the Albany County District Attorney’s office if they were contacted.
“This defendant was ROR’d after being arraigned off-calendar. The Lawyer who was on duty this weekend was not contacted about this case. No one from our office was contacted for a bail recommendation,” the office said in a statement. “The defendant was ROR’d so there would be no preliminary hearing in the matter.”
The arraignment took place at 6:45 p.m., when court was not in session.
Green said that the standard practice is to contact a representative of the District Attorney’s office anytime there is a felony arraignment. Judges have a variety of ways to contact the ADA and receive a recommendation. The judge, however, does not have to always follow the recommendation, he said.
Green also issued a “no illegal contact” order of protection between Graves and the victim.
