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Man who crashed car on FJ&G Rail Trail sentenced

March 13, 2013
By BILL PITCHER , The Leader Herald

JOHNSTOWN - A Gloversville man who crashed his car on the FJ&G Rail Trail last summer is serving at least one year in prison after pleading guilty to two felony charges.

Adrian Kirby, 44, of 22 Woodside Avenue, was sentenced by Fulton County Court Judge Polly A. Hoye on Feb. 15 after pleading guilty in December to driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Under terms of a plea arrangement, Kirby received a sentence of 1 to 3 years in prison for each count, with the sentences served concurrently.

He also was fined $1,500, had his license revoked for a year and will have an ignition-interlock device installed on his vehicle for six months.

He is incarcerated in the Downstate Correctional Facility in Fishkill, according to records from the state Department of Corrections & Community Supervision. The earliest he could be released is July 7. His first parole hearing will be this month, according to the records.

Kirby has been incarcerated since his arrest in July, when Gloversville Police said he ignored an officer's emergency lights and sirens and tried to evade police by driving his hatchback into the parking lot at West Fulton and West streets around 2:30 a.m. July 13. He then drove through the grass and onto the rail trail. He fled on foot after his car struck a wooden barrier, and he was arrested behind a house on Kent Street, about four blocks away, police said.

Because Kirby has a previous DWI conviction and was driving on a revoked license, the DWI and unlicensed operation charges were upgraded to felonies.

He also was charged with unlawfully fleeing a police officer, failure to stop at a stop sign, failure to comply with a police officer, speeding, failure to take a presceen test for alcohol and leaving the scene of an accident. He also was charged with criminal possession of a controlled substance for having crack cocaine, police said. Those charges were dismissed under a plea arrangement.

Kirby previously served an 18-month prison sentenced for criminal sale of a controlled substance after police said he sold cocaine to an informant and allowed his residence to be used for drug sales in August 2007.

Four other local men were sentenced this winter after being charged with DWI, including three who faced felony counts:

State police said because Sweet had a child in his vehicle when he was stopped by troopers in June, the charge was upgraded to a felony under Leandra's Law. He also was charged with endangering the welfare of a child, failure to keep right, speeding and having an unsafe tire.

Under terms of a plea arrangement, Sweet also was required to pay a $1,000 fine, had his license revoked for a year and will be required to have an ignition-interlock device installed on his vehicle for six months.

Abel was arrested by sheriff's deputies for DWI in January 2012 and also was indicted for driving with a blood-alcohol level of 0.08 percent. He also was sentenced to pay a $1,570 fine and will be required to have an ignition-interlock device installed on his vehicle.

The felony charge is because Herba has a previous DWI conviction. He also was ordered to pay a $1,000 fine and have an ignition-interlock device installed on his vehicle for six months under terms of a plea arrangement.

He initially also was charged with driving with a blood-alcohol content greater than 0.08 percent after police stopped his vehicle on Feb. 15, 2012, on Route 29 in Johnstown.

Playford was arrested in June by Gloversville police. As part of his sentence, he was required to pay $1,820 in fines, but he could receive a conditional discharge in three years under a plea arrangement.

Sentencings set

Two men will be sentenced next month after entering guilty pleas in front of Hoye in connection with felony DWI arrests:

He originally also was charged with felony DWI when state police arrested him in August. After his plea, he was sent to jail to begin serving his anticipated sentence early.

Because Johnson has a previous DWI conviction, the new charge was upgraded to a felony.



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