Prison ordered for contempt case

Man held woman, wrapped hands, mouth with duct tape

JOHNSTOWN — A Gloversville man who police said tied up a female victim with duct tape last winter and threatened to kill her faces up to three years in state prison.

John A. Smith, 39, of 82 Fremont St., pleaded guilty Wednesday before Fulton County Court Judge Polly A. Hoye to one felony count of first-degree criminal contempt, as part of a plea arrangement.

Sentencing was adjourned until a later date. He is expected to receive one to three years in state prison. He must also pay restitution, and an order of protection was granted for his victim.

Smith was arrested Feb. 20 by Gloversville police on charges of first-degree unlawful imprisonment, third-degree criminal possession of a weapon, second-degree menacing, third-degree attempted assault and criminal obstruction of breathing or blood circulation.

Police said officers were dispatched to the area of 77 Fremont St. for the report of a domestic violence incident and were advised Smith had gone into an apartment with the female victim at 82 Fremont St. Upon entering the residence, police said officers observed Smith physically restraining the victim on the ground with what appeared to be duct tape around her hands.

During the course of the investigation, police said it was learned that Smith had pushed the victim into a wall before the victim could flee to a neighbor, and Smith then went to the neighbor’s residence causing a physical altercation. Authorities said Smith returned to his residence with the victim and taped her mouth and arms with duct tape, advising her he was going to kill her then kill himself.

In other recent County Court action:

∫ Christopher Hodgkins, 29, no address available, was sentenced Tuesday by Hoye to one year in the county jail, as part of a plea arrangement.

Sentencing was adjourned until a later date, but he is expected to receive the jail time, as well as a $1,000 fine, and he must attach an interlock device to his vehicle.

Hodgkins pleaded guilty Nov. 4 to one felony count of driving while intoxicated.

He was arrested May 6, 2016 by state police.

∫ Ryan Marcellus, 29, of Bridge Street, Northville, pleaded guilty Thursday before Hoye to one felony count of driving while ability impaired by drugs, as part of a court arrangement.

Sentencing was adjourned until a later date, but he is slated to receive nine months in the county jail, a $1,500 fine and driver’s license revocation.

He was arrested Nov. 17.

∫ Derek L. Waldvogel, 29, of Stone Street, Gloversville, pleaded guilty Monday before Hoye to one felony count of third-degree burglary, as part of a plea arrangement.

He faces sentencing later to either six months of weekends in the county jail: or one year in jail and possible probation.

Waldvogel was charged by Gloversville police on Nov. 30. taken into custody on a warrant for third-degree burglary and petit larceny.

Officers said the warrant out of Gloversville City Court was for an incident in April 2014. Police said Waldvogel was wanted for allegedly entering an unoccupied dwelling on Grand Street and removing a quantity of copper pipe and brass fittings.

∫ Devon Gayes, 26, of Galway Road, Galway, was sentenced by Hoye on Thursday to one weekend in the county jail, five years probation and a $1,000 fine, as part of a plea arrangement.

The sentence was based on Gayes’ April 11 guilty plea to first-degree aggravated unlicensed operation.

He was arrested May 31 by state police.

Michael Anich covers Johnstown and Fulton County news. He can be reached at manich@leaderherald.com.

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