Democrat and Chronicle from Rochester, New York on October 23, 2015 · Page A10
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Democrat and Chronicle from Rochester, New York · Page A10

Rochester, New York
Issue Date:
Friday, October 23, 2015
Page A10
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Page10A Friday,October23,2015 DemocratandChronicle. com 5.,,8*"&*&23+.63$.*+ 24$3%0*"$*"$' 7.2+")$*)3&$./.)3$4( 1/.*2&3#3,12-&*,+20/'2*.$ ,*.+,3#/ "-/"*( !*&)(032/% .+$04 $%!#"!% 9*/04%$4& #&43 :.,,14&4!43,4-( SHOWN:MERRELLDEWBROOK MOCWATERPROOFINBLACK 3400MONROEAVE585-248-3420MEDVEDRUNWALK.COM WATERPROOF SHOES! Keepyourfeetwarmand dry.Checkoutourgreat selectionofwaterproof shoesfromMerrell,Keen, Sorel,UGGandEcco. Yourfeetwillthankyou. 2015: 43 RD ANNUAL ROCHESTER GEM, MINERAL, JEWELRY AND FOSSIL SHOW & SALE AT THE MAIN STREET ARMORY 900 EAST MAIN STREET, ROCHESTER, NY Kid’s Activities, Educational Displays, Demonstrations, Ra\ e, Straw Draw, Beads, Crystals, Fossils, Minerals, Jewelry, Carvings, Spheres, Hourly Door Prizes & Much More Over 25 Vendors Bring in this ad to the club booth to receive a complimentary grand prize raT e ticket, and a straw draw prize. Every straw a winner. email: web: Sponsored by: Rochester Lapidary Society OCT. 24 & OCT. 25 Saturday 10-6, Sunday 10-5 NEW YORK - Arrested i n a 19-person drug s weep, Tyrone Howard was one of only three who got sent to drug court, which offered him treatment instead of prison. Eight months later, Howard is behind bars on murder charges, accused of putting a bullet in the head of a police officer who was chasing him Tuesday. Officer Randolph Holder’s slaying has r aised questions about the risks and potential shortcomings of drug courts, or drug diversion programs, that have been embraced nationwide as away to ease jail overcrowding and reduce crime by attacking it at o ne of its sources: drug abuse. N ew York’s mayor and police commissioner have branded Howard a career criminal who had o nce been arrested in a 2009 gunfight on an East Harlem basketball court and should not have been out on the streets. “ He would have been t he last person in New York City I would’ve wanted to see in the diversion program,” Police Commissioner William B ratton said. Y et the judge who handled the case said Howard — a longtime PCP us- e r who despite his long rap sheet had no convictions for violent crimes — was a compelling candidate for drug court. “I don’t get a crystal ball when I get the robe,” said state Supreme Court J ustice Edward McLaughlin. A t 30, Howard has been arrested more than two dozen times since he was 13 and sentenced to s tate prison twice since 2007 for drug possession and sale. His involvement with drug court began with an October 2014 ar- r est on charges of selling c rack to an undercover officer at a public housing complex. He was swept up as part of a larger drug case. Prosecutors a sked for six years be- h ind bars. But after reviewing his record and reading a social worker’s r eport detailing Howard’s troubled home life and longtime addiction, M cLaughlin agreed to ref er his case for evaluation for drug court, where another judge OK’d Howard for the program. But he started missing m onthly status meetings a nd various court dates in August. Then he became asuspect in a Sept. 1 s hooting. An arrest warrant was issued Sept. 17, and police tried 10 times t o locate him, authorities s aid. Then, On Tuesday, Holder and his partner caught up with him while chasing after a bicycle thief, police said. Holder, 3 3, was shot in the head; H oward was wounded in the leg as police returned fire. Suspect got drug court ‘Career criminal’ held in cop killing JAKE PEARSON AND TOM HAYS ASSOCIATED PRESS SETH WENIGAP Apolice officer pauses before laying flowers in memory of Officer Randolph Holder at the 9/11 M emorial in New York Thursday. Tyrone Howard is charged with fatally shooting Holder. SETH WENIGAP Flowers placed by Port Authority and New York City police officers and others to pay tribute to Officer Randolph Holder at the 9/11Memorial in New York. ALBANY - The state’s highest court on Thursday rejected the mans laughter conviction of a w oman who was preg- n ant when she crashed h er car and whose baby was delivered by emergency surgery but died days later. Prosecutors had argued that Jennifer Jorgensen was speeding, intoxicated and unbelted when she crossed into oncoming traffic in 2008 and hit another vehicle head-on, killing Robert and Mary Kelly. Jorgensen, of Long Island, was e ight months pregnant at the time. She was acquitted of manslaughter in the deaths of the Kellys but convicted of recklessly causing her daughter’s death. But the Court of App eals, in a 5-1ruling, said the state Legislature d idn’t intend to hold a pregnant woman responsible for such harmful conduct to herself or her f etus unless it’s intentional. Her conviction was under the manslaughter statute for “recklessly” c ausing the death of an- o ther person. Jorgensen had been sentenced to three to nine years in prison, which was stayed pending her a ppeal. Now it’s dis- m issed along with the charge. Any imposition of criminal liability for actions of pregnant women where a child later dies from injuries suffered while in the womb needs to be clearly defined by l awmakers, Judge Eug ene Pigott Jr. wrote. “It s hould also not be left to t he whim of the prosecutor.” “Conceivably, one could find it ‘reckless’ for apregnant woman to disregard her obstetrician’s specific orders concerning bed rest; take prescription and/or illicit drugs; shovel a walkway; engage in a contact sport; carry groceries; or disregard dietary restrictions,” Pigott wrote. “ Such conduct, if it resulted in premature birth and subsequent death of the child, could result in criminal liability for the mother.” At present, that’s not in New York’s criminal law, Pigott wrote. J orgensen was relieved by the ruling, said h er attorney, Richard Mischel. “It was a hard struggle for Jennifer,” he said. I n a dissent, Judge Eugene Fahy wrote that he could not join in a ruling that analyzes New York statutes to determine t hat the 6-day-old child w as not a person because she was unborn when her mother crashed. “The pertinent parts of the Penal Law speak to victims a s they are, not as they w ere at the time the acts giving rise to the crime were committed.” Court rejects conviction of pregnant driver MICHAEL VIRTANEN ASSOCIATED PRESS NYState News and issues around the Empire State.

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