Troy man arrested by North Greenbush for Colonie charges from July incident in Latham
COLONIE – A Troy man, arrested Sunday, Dec. 31 at 11:15 a.m. by North Greenbush police on a Colonie arrest warrant stemming from a July incident at the Super 8 Motel on Troy Schenectady Road and was charged with three felonies, including first degree criminal contempt – prior conviction.
Police also charged Xzavion Cooper, 23, of Troy with grand larceny and aggravated family offense, but he was released by police with an appearance ticket a few hours later after police contacted Colonie Town Judge Norman Massry.
If the Town’s Court is not in session, Police practice in Colonie is to contact the judge on call that day for cases involving domestic violence, especially one that involves an order of protection, according to Colonie police Lt Dan Belles.
A judge can evaluate the situation and consider bail or release the person with conditions or on their own recognizance at that point. Police cannot set bail or make the decision to hold a person until court is in session, only a judge can make that determination.
The Judge has to come in to arraign the person or the court has to set up a system where other courts in adjacent towns can arraign a person. Colonie does not have that type of agreement because one of the three justices that serve the Colonie Town Court is on call for after-hours duty at any given day.
Release was not
because of bail reform
The release, however, is not mandated by the 2019 criminal justice reforms and a judge can consider bail in this case, but judges can only set bail if they arraign the arrested person.
According to the New York State Office of Justice Court Support, which provides guidance to local courts and justices, a judge may set bail for the felony charge of first degree criminal contempt, but only if it involves an order of protection where the protected party is a member of the same family or household. That does apply in this case.
The other two felony charges are not eligible for bail. In fact, New York penal law 150.20 states that police are required to release people accused of most felonies.
“Whenever a person has been arrested for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law and has been delivered to the custody of an appropriate police officer pursuant to section 140.40, such police officer may…issue to and serve upon such person an appearance ticket.”
Not the first felony charges
Cooper was arrested in September 2020 by Colonie police in the Econo Lodge parking lot and found to be in possession of an unregistered and loaded 9mm handgun. At that time he was charged with felony criminal possession of a weapon in the second and third degree.
Cooper did not have a permit to carry the weapon.
He pleaded guilty to one count of criminal possession of a weapon in the fourth degree, a misdemeanor, in October 2021 and his sentence was a conditional discharge, according to the Albany County District Attorney’s office.
The details of conditions are unknown at this time.
In the current case, Cooper was released with a return date of January 3, the next court session at Colonie and he did appear before Judge David Green and was arraigned. Green released Cooper on his own recognizance. He is scheduled back in court on February 14.
Massry did not return an email message for comment. Judges cannot comment on specific cases in front of them, but can speak about general policies.
Not the first time Spotlight News reached out in August to the New York State Office of Judicial Support and the Unified Court System for clarification on the most recent guidance on setting bail in Town and Village Courts. This was after another Colonie Judge, David Green, did not come in to arraign a person charged with the same crime and asked police to release her on an appearance ticket. That person violated an order of protection a few days later and was arrested again.
Both agencies responded and will clarify guidance on charges in that case. They will not comment on any specific case, but they still have not clarified guidance
Stolen car, no license and DWI
COLONIE – Colonie police pulled over a vehicle on Central Avenue on Sunday, Dec. 31 at 12:36 a.m. that was recently reported stolen from Schenectady and found the driver drunk.
According to police, Kyavon Harris-Thomas, 29, of Albany attended a party, possibly took keys from someone there, then drove away in a car that was not his.
Officers stopped the vehicle near the intersection of Central and Wolf Road just after the owner reported it stolen and found that Harris-Thomas showed signs of intoxication and had an open container of alcohol in the vehicle.
He also did not have a valid license due to seven suspensions.
Harris-Thomas was charged with grand larceny, a felony, and DWI and aggravated unlicensed operation, both misdemeanors, and ticketed for following too closely and drinking alcohol in a motor vehicle.
He was sent to the Albany County jail as a pre-arraignment detainee to be arraigned later in the morning.
DWI
LATHAM – A 26-year-old Mechanicville woman was taken into custody for DWI on Monday, Jan. 1 at 1:51 a.m. after she was stopped for traffic violations.
The 2022 Toyota Highlander was stopped near the intersection of Doorstone Drive S and Watervliet Shaker Road. While talking to officers, they observed the woman to have an odor of an alcoholic beverage emanating from her breath and that she had watery and glassy eyes.
She was given and failed field sobriety tests and tested positive for breath alcohol on a pre-screening device.
At the police station she was charged with DWI and ticketed for failing to stay in a single lane. The woman was released with an appearance ticket for Colonie Town Court on January 22.
No license, drinking in car and DWI
COLONIE – Colonie police stopped a vehicle near the Albany City line on Saturday, Dec. 30 at approximately 10:20 p.m. for speeding.
When interviewing the driver, a 26-year-old Albany man, the officer observed signs of intoxication and he was taken into custody. He did not have a valid driver’s license and had an open container of alcohol in the vehicle.
The man was charged with DWI, a misdemeanor, and ticketed for drinking alcohol in a motor vehicle, operating a motor vehicle without a license and speeding.
He was released with an appearance ticket for January 8.
Warrant
COLONIE – A 32-year-old Rensselaer woman was turned over to Colonie police by Rensselaer police on Monday, Jan. 1 for having two outstanding warrants.
Carman George was processed on the warrant for not showing up twice in court in August and also charged with violating an order of protection, a misdemeanor. She was arraigned.
Larceny and outside warrant
COLONIE – Colonie police responded to the Target on Central Avenue on Monday, Jan. 1 at approximately 4:31 p.m. for a report of a man taking merchandise.
According to reports, Mark Kilburn, 24, of Albany, was in possession of $759.61 worth of merchandise. The goods were returned to the store and Kilburn taken to the police station where police found he had an outstanding warrant from Saratoga County.
He was charged with petit larceny, a misdemeanor and processed on the warrant. He was released with an appearance ticket per Colonie Judge David Green for January 24.
Warrant
COLONIE – Stewart Kimble, 40, who is homeless, was arrested by the Saratoga County Sheriff’s Office on Tuesday, Jan. 2 on an outstanding warrant in Colonie.
Kimble did not show up for court in May 2022. He was processed and released with an appearance ticket for January 24 after contacting Colonie Judge David Green.
Warrant
COLONIE – The Albany County Sheriff’s Department transported Jamie Harter, 35, of Albany to Colonie police for an outstanding warrant on Tuesday, Jan. 2 for not showing up for court in April.
She was given an appearance ticket for January 3.
Warrant
COLONIE – A homeless man was taken into custody on Wednesday, Jan. 3 at 1:14 a.m. at the Motel 6 on Central Avenue after Colonie police found he failed to appear in court.
Gregory Pankow, 38, was sent to the Albany County jail as a pre-arraignment detainee.
DWI
LOUDONVILLE – An 80 year old Colonie man was arrested for DWI on Tuesday, Jan. 2 at 11:31 p.m. after he was involved in a property damage accident on Osborne road.
According to reports, the man showed signs of intoxication, but was unable to perform field sobriety tests and did test positive for breath alcohol on a pre-screening device.
He was taken into custody and charged at the police station.
The man was released with an appearance ticket for Colonie Town Court on January 15.
Assault and felony warrants
COLONIE – Colonie police responded to the Travelodge on Wolf Road on Tuesday, Jan. 2 at 11:30 for a report of an assault.
Officers arrested Thomas McCall, 35, who is homeless, and charged him with assault with intent to cause physical injury. Officers also found that McCall had two outstanding felony warrants from Saratoga County. He was arraigned by Colonie Judge David Green at 4 a.m. and transported to meet officers from that jurisdiction. He is scheduled to return to Colonie Town Court on January 24.
Robbery at Nordstroms
COLONIE – On Wednesday, Jan. 3, Colonie police responded to the Nordstroms on Central Avenue for the report of a larceny.
According to reports, officers took Nicholas Delacruz, 33, who is homeless, into custody and charged him with robbery, a felony, and petit larceny and criminal possession of a controlled substance, both misdemeanors, and harassment, a violation.
He was arraigned by Colonie Judge David Green.
Warrant
COLONIE – Schenectady police turned over a 59-year-old man to Colonie police on an outstanding warrant on Wednesday, Jan. 3.
According to reports, Chester Lonergan, of Schenectady did not show up for court in January 2022. He was sent to the Albany County jail as a pre-arraignment detainee to be arraigned later in the day.
Serial larcenist arrested again for attempted armed robbery
COLONIE – A homeless man arrested for at least 10 larcenies in the area was brought over from the Albany County jail on Wednesday, Jan. 3 to be charged for a larceny and attempted robbery at Macy’s in Colonie Center.
He was already in custody for the larceny and charged in a separate incident for attempted robbery – physical injury or displaying a firearm, a felony. This was in conjunction with a conference with the Albany County District Attorney’s Office.
Umut Tanrikulu, 35, was arrested in October and December for thefts at Target and Destination -XL and also had six other warrants from other municipalities.
Tanrikulu was arraigned by Colonie Judge David Green and held.
Two Warrants
COLONIE – State Police took Joshua Amash, 36, of Loudonville, into custody on Wednesday, Jan. 3 on two warrants for failing to appear in court in December.
He was processed and released with an appearance ticket for Colonie Town Court on January 17.
This story was featured on page 16 of the January 17th , 2024 print edition of the Colonie Spotlight
