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Massena man admits probation violation; resentenced to six months of weekends in jail

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MASSENA - A 29-year-old Massena man’s inability to abide by the conditions of his probation sentence means he will spend weekends for the next six months in the St. Lawrence County Correctional Facility.

Massena Village Justice Eric J. Gustafson resentenced Christopher J. Konsul IV of 3 Depot St. to be incarcerated from 6 p.m. Fridays to 6 p.m. Sundays for the next 180 calendar days after the Massena man admitted he had violated the conditions of his probationary sentence.

Konsul had been sentenced to three years under probation supervision in January 2011 when he was sentenced for a misdemeanor second-degree criminal contempt conviction.

He admitted he had violated a stay away order of protection issued by Massena Justice Gerald P. Sharlow when he was at Michelle L. Bell’s residence on May 25, 2010 the day after the order of protection had been issued. Ms. Bell was reportedly pregnant at the time. The plea also satisfied several other charges pending in Massena courts.

Village police had responded to Bell’s apartment after receiving a complaint of a domestic violence incident. They had charged Konsul with a felony count of first-degree criminal contempt. Prosecutors later made a motion seeking to have that charge reduced to a misdemeanor and returned to local court.

Ms. Bell had told police she had confronted Konsul on May 25, 2010 about an incident that allegedly had occurred the previous day when he was intoxicated and had his pants down while he was visiting a neighbor.

She told police he became angry and responded that he didn’t remember because he was drinking.

Then he said he was going to have his sisters “kick the .... out of me after I have this baby or he could do it right now if I wanted,” she recounted in her statement to police.

Ms. Bell said she went to the bedroom to get a phone, but Konsul held her down on the bed, took the phone and then left to smash it in the road.

Probation officials, in memorandums to the court, said Konsul had tested positive for marijuana use on multiple occasions and followed to complete recommended treatment for substance abuse issues, including leaving an in-patient treatment center against medical advice just a day after he had entered the program. Their report also noted he had been dismissed from an offender accountability program after missing 12 of 16 group meetings.

In other court action before Judge Gustafson:

■ Jesse A. Mashaw, 22, of 1761 state Route 420, Massena, was sentenced to time served and ordered to pay a $205 surcharge for an endangering the welfare of a child conviction. He was also directed to submit a DNA sample and pay a $50 fee.

Mashaw had pleaded guilty in Dec. 1,2010 to endangering the welfare of a child in a plea bargain agreement that satisfied two other endangering charges and three counts of third-degree sexual abuse.

Mashaw was charged after he allegedly had sexual contact with a 14-year-old female on two occasions in June and one occasion in July 2010.

■ Joshua M. Dion, 23, of 2 Willow St., Apt. 204, Massena, made a brief appearance and was ordered to return to court with his attorney so his release conditions can be altered while he awaits sentencing for an animal cruelty count.

Mr. Gustafson said he was concerned to learn Dion had been charged by village police with disorderly conduct and discharging his weapon from a window at 10:30 p.m. May 2 on Willow Street, an incident that took place while he is waiting to be sentenced for the animal cruelty conviction.

“I want probation involved with you earlier rather than later,” the village justice told Dion during his latest court appearance, noting he would be releasing the Massena man under the supervision of the probation department pending sentencing.

Police said in the latest incident they responded to a complaint of a suspicious person at Fay Motors on Willow Street. They didn’t find any suspicious people, but they said they did hear repeated shots from an air pistol, with some of the shots nearly striking police offers that had responded to the complaint.

They were able to see a gun barrel sticking out an apartment window at 2 Willow St., and officers responded to that apartment and talked to the four people in the apartment. They reportedly identified Dion as the shooter.

Village police had charged Dion with animal cruelty at 12:06 a.m. Oct. 4 at his apartment complex. Sarah Gauthier told police she opened her door and her cat got out. Dion, a neighbor, reportedly caught the cat, threatened to kill it and banged its head against the wall several times.

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