Inside the Sleepy Hollow Courthouse: Jukic Fights Order of Protection, Arbes Missing After Making Bail

Here's a look at what happened during Sleepy Hollow Court's August 15, 2011 session.  

Arbes Misses Court, Possibly in Federal Custody

Alexander Arbes was arrested on August 14^th following a domestic incident where he allegedly placed his hands around a victim’s neck. He was charged with Criminal Mischief in the 4^th degree and Harassment in the 2^nd degree.  Bail was set at $7,500 due to the charges and the potential that he will be held by Immigration and Customs Enforcement.

Although the bail was rather high for the Village Court, it was still posted by Arbes that night. Arbes was told that he must return for his court date on the 15^th.  However he failed to appear in the court.  His location unknown, Assistant District Attorney Robert Docherty said he feared Arbes would be picked up by federal agents.  Acting Justice Alfred Farella issued an Arrest Warrant.  Bail will likely not be set if Arbes is re-arrested.

Crosby’s Mental Health to be Evaluated

Lorraine Crosby made her second appearance on Assault in the 3^rd degree charges.  She apparently had a number of previous incidents with the alleged victim involved in her current case.  

ADA Docherty said he wanted more background information on the case, and that a referral to TASC (Treatment Alternatives for Safer Communities) would help the case be understood properly. 

The case was adjourned to September 19^th, so that TASC can complete their evaluation.

Jukic Fights for Job, Wants Order of Protection Amended 

Dragan Jukic made his first appearance in court after being arrested on August 14^th.  He was charged with Endangering the Welfare of a Child following a domestic dispute.  He was ordered to stay away from both his wife and children after being released on $700 bail.  

In his appearance, Jukic became angry when he was told he could not return to his job at The Huddle bar in Sleepy Hollow.  His wife and kids live upstairs of the bar, and ADA Docherty said he worries that Jukic would place unwanted influence on the victims and that his presence in the bar would constitute a violation of the order of protection. 

However, ADA Docherty said he wasn’t even sure if Jukic would keep his job.  Jukic insisted he still had the job, pointing out that his boss even bailed him out.  The head detective made a call to Jukic’s boss, who said that Jukic should take a two week break to address his legal issues, but that he did still have a job.  The case was adjourned for two weeks, and the issue will be revisited as Jukic returns to work. 

Kirby Misses Court, Enhanced Sentence Likely 

James Kirby previously pled guilty to Driving While Intoxicated.  However, he failed to appear for sentencing.  He was set to be sentenced to a $500 fine and a $400 state surcharge, along with a conditional discharge.  However, Kirby’s sentence will likely be changed for two reasons.

His failure to appear is grounds for an enhanced sentence by itself.  Alongside this, according to ADA Docherty, Kirby was arrested in Greenburgh for Driving with a Suspended License.  Kirby was released on bail in Greenburgh, and therefore had no known reason to not be in court.  An arrest warrant was issued. 

Two Involved in Fight Make First Appearances

Jamel Lyde and Jose DeJesus made their first appearances after being arrested for fighting on Clinton Street.  Both were given orders of protection with full stay-aways from one another.  Both were released on $500 bail, and were reminded to stay away from one another, including during the two’s court appearances. 

Paolantonio’s New Case Needs New Treatment Assignment

Susan Paolantonio was charged with Criminal Contempt in the 2^nd degree for violating an order of protection, right after finishing a Contempt case in Sleepy Hollow.  During her original case, Paolantonio was assigned to TASC, which completed its evaluation. 

However, ADA Docherty asked for her to be re-instated with TASC.  Paolantonio’s attorney objected, and said they could just use her previous evaluation.  However, ADA Dochery pointed out that Paolantonio’s new arrest meant she probably needed to be re-evaluated.  The case was adjourned to September 19^th for TASC’s report. 

Schellhorn Offered Period of Incarceration

Joshua Schellhorn appeared on Aggravated Unlicensed Operation in the 2^nd degree charges. Schellhorn is already on probation for Felony Driving While Intoxicated, and Aggravated Unlicensed Operation in the 2^nd degree.  

ADA Docherty offered Schellhorn 90 days’ incarceration, along with a fine.  Schellhorn asked for an adjournment to come up with fine money.  His attorney said they would discuss the offer, and decide whether or not to accept it on September 19^th.  The maximum sentence for Aggravated Unlicensed Operation in the 2^nd degree is 6 months, which would be pursued by the District Attorney if the case went to trial.

Other Cases 

• Andrew Connors made his first appearance after being arrested for Driving While Intoxicated.  His case was adjourned for two weeks.
• Jan Pena made his first appearance after being arrested on a warrant for Criminal Mischief in the 4^th degree.  He was assigned an attorney, and his case was adjourned for a week.
• Mark Pena had sentence adjourned after pleading guilty to Petit Larceny (reduced from Grand Larceny in the 4^th degree).  He is set to be sentenced to probation, however it is unknown whether or not he will receive Youthful Offender treatment.
• Franklin Pugo had his Attempted Assault in the 3^rd degree and Violation of Probation cases adjourned for his attorney to speak with the Probation officer regarding the alleged violation.
• Mark Palmer will head to trial on August 29^th on the charge of Harassment in the 2^nd degree.
• Angel Crespo was released on his own recognizance after a witness failed to appear at his non-jury trial.  ADA Docherty wanted to try to subpoena the witness again before officially dismissing the charges.