CANTON The Massena man who allegedly attacked and injured village police officials during a mental health complaint was denied a mental health evaluation by St. Lawrence County Judge Jerome J. Richards in court Monday.
Terry L. Bercume, 48, of 250 Main St., Apt. 6, pleaded not guilty to three counts of menacing a police officer, second-degree assault and resisting arrest.
Mr. Bercume was represented by St. Lawrence County Public Defender Stephen D. Button, who requested that the court direct probation to have a mental health evaluation performed on Bercume due to a history of mental health illness.
According to Mr. Button, police reports stated that Bercume was not in his right mind, and delusional during the altercation.
St. Lawrence County Assistant District Attorney Joshua A. HaberkornHalm said there was no indication that mental health issues were preventing Bercume from understanding why he was in court and what the charges against him were.
Judge Richard denied the request for a mental health evaluation based upon Bercumes ability to coherently respond to a series of questions regarding the charges against him and why he was in court.
Mr. Bercume was returned to the custody of the St. Lawrence County Sheriffs in lieu of $25,000 cash or $50,000 bond.
In other court action Monday:
Robert S. Webb, 50, 4967 Route 58, Gouverneur, was sentenced to five years in prison after pleaded guilty to one count of first-degree sexual abuse, a class D violent felony in May.
Webb, a registered sex offender for a previous offense, had sexual contact with a girl under the age of 13 in the town of Potsdam last summer. He was arrestd on the charge in January stemming from an incidnt that reportedly occurred in the summer of 2012.
Webb will also be under 10 years post release supervision, has an HIV testing order and pay $1,425 in court fines, fees and surcharges.
Robert J. Warren Jr., 49, a St. Lawrence County Jail inmate made a motion requesting the court and the district attorneys office to recuse themselves from his case due to an alleged conflict.
Warren, a registered sex offender who is being held on second-degree burglary and petit larceny charges, said Judge Richards was St. Lawrence County district attorney in late 1999, when he sent a letter to corrections to deal with Warren when he engaged in acts that violated his probation.
There has been no written response from the district attorneys office in the matter.
Warren told Judge Richards that he didnt believe he could be fair and impartial since he was the district attorney trying him in the 1990s and now being the presiding judge.
You asked for the maximum sentence, Warren said making random accusations. You are being vindictive. You said you havent had dealings with me since 1996 or 1997 and this letter came in 1999.
Judge Richards said he will issue a written decision regarding the motion.
Who is going to make the ruling on the motion to recuse yourself? Is that you? Warren asked.
Thats right, Judge Richards said.
Thats absurd. I just want to put that on the record. Thats absurd, Warren said.
Andrew D. Stiles, 31, Canton, was placed on one year of interim probation after pleading guilty on May 20 to fourth-degree grand larceny, a class E felony.
Stiles improperly collected more than $18,000 in unemployment benefits from April 2009 to March 2012 while working at another job.
Judge Richards adjourned sentencing to Aug. 4, 2014 and ordered Mr. Stiles to pay $18,592.75 in restitution.
Donald A Dobbs III, 26, 11 Grove St. Ogdensburg, vacated his May 23 guilty plea to third-degree criminal mischief, a class E felony and was rearraigned on a lesser charge of second-degree criminal mischief, a class D felony, to which he pleaded not guilty in order to apply for the Judicial Diversion Program.
Dobbss attorney, Benjamin G. Johns, said his client had a substance abuse problem and is currently in outpatient treatment. If Dobbs is accepted into JDP and he completes treatment successfully, he will avoid facing prison time.
Judge Richards adjourned sentencing to Sept. 26 and released Dobbs under probation supervision.
Robert D., 32, and Heather S. Leeson, 31, 443 Belmont Courts, Ogdensburg, both pleaded not guilty to possession or transportation of unstamped cigarettes, a class E felony.
The defendants were allegedly in possession of 10,080 individual, untaxed cigarettes, according to Ogdensburg police. There were 504 packs of cigarettes, each with an excise tax of $4.35 for a total of $2,192.40.
Mr. Leeson tested positive for marijuana in court Monday and was released under probation supervision.
Mrs. Leesons drug test came back negative and she was released on her own recognizance.
Jesse G. Austin, 34, of 212 Montgomery St., appeared on a bench warrant Monday morning after he failed to report to St. Lawrence County probation as directed by Judge Richards last month.
Probation reported to Judge Richards that Austin did not appear for scheduled appointments and gave a number where he could not be reached.
Austin is being charged with one count of third-degree grand larceny, a class D felony and nine counts of criminal possession of a forged instrument, also class D felonies, for allegedly stealing more than $17,000 in checks from Rev. Edward E. Papp.
Austin said he misunderstood the directions for reporting to probation.
I told you that you had to report to probation on your arraignment, Judge Richards said. What I see is someone who doesnt think he has to comply with the rules.
Austin denied the accusation and the judge asked him to prove it to the court and released him under continued probation supervision.
Erika Shrader, 24, of 312 Knox St., Apt. 3, Ogdensburg, was remanded to jail after pleading not guilty to third-degree criminal sale of a controlled substance and third-degree criminal possession of a controlled substance, both class B felonies.
Ms. Shrader is accused of dealing crack cocaine and allowing other crack dealers to operate from her home.
Judge Richards remanded Ms. Shrader to St. Lawrence County jail without bail after she returned from a drug test which she tested positive for marijuana, cocaine and methamphetamine.
Stanley E. Stephenson Jr., 41, 1423 Old Market Rd., Norwood, was placed on one year of interim probation after a Nov. 28, 2012 guilty plea to a felony driving while intoxicated charge.
Mr. Stephenson had gone through treatment and he told Judge Richards that he left the fog that he had lived in behind him.
Judge Richards said the system wasnt so ridged that it didnt work with individuals that made a conscious effort to make positive changes in their life.
Mr. Stephensons interim probation expires on Aug. 18, 2014 and sentencing has been adjourned to Aug. 4, 2012.