Inside the Tarrytown Courthouse: DWI Driver Bolts, Unlicensed Driver Gets Off on Technicality

Here's a look at some of the cases that came before the Village Court during its September 15, 2010 session.

Galarza Bolts from Courtroom

Patricio Galarza, of Sleepy Hollow, was arrested back in March after an early-morning collision that involved a Tappan ZEExpress bus. Galarza was found to be intoxicated at the time and driving with a suspended license. 

He pled guilty to the crime in June and was ordered to come back in September for sentencing. However, in that period, Galarza has been caught drinking and driving again, and has failed to attend court-mandated substance abuse counseling programs.

His performance has not been taken lightly by the court.

Galarza's lawyer appeared before Village Justice Kyle McGovern on Wednesday, but his client was nowhere to be found.

"I don't know where he is; he was here just a moment ago," Galarza's lawyer said."Probably spooked him."

"Did you tell him I was going to put him in jail," McGovern said.

"Yes," Galarza's lawyer responded.

McGovern issued an arrest warrant for Galarza.

One Charge Dismissed Due to a Technicality for Pergola

Peter Pergola has been charged with Aggravated Unlicensed Operation of a motor vehicle and Menacing in the Third Degree.

Earlier this year Pergola got into an altercation with a co-worker on Orchard Drive, located in the Hudson Harbor development. Pergola allegedly cut off the other man in his car as they were driving out of the development. Pergola then got out of the car, wielding an iron pipe, and yelled, "I'm going to bash your f*****g brains in your c***k s****r."

Police responded to the scene and found that Pergola was operating his vehicle without a valid license.

However, Pergola's lawyer argued that Orchard Drive may not yet be considered a public highway. Aggravated Unlicensed Operation of a motor vehicle only applies "if you operate a motor vehicle upon a public highway while knowing or having reason to know that your license is suspended."

McGovern had inquired about the status of Orchard Drive, which is located in the Hudson Harbor development and found that it is not yet a dedicated public street.

"At the time of the incident, Orchard Drive was not a public road designated by the village," McGovern said.

McGovern threw out the AUO charge, but Pergola will be back in court at a later date to deal with his other charge.

Bucci Apologizes, Wants Jail Time

Jeffrey Bucci is charged with Criminal Contempt in the First Degree and remains incarcerated in county jail with bail set at $5,000 following an August 14 arrest for violating an order of protection.

Last week, Bucci caused a stir in court by railing against the justice system, and expressing his frustration having to go back and forth from jail to court to resolve his case. He had walked out of court in protest last week.

Bucci was more calm this week saying he was tired of trying to find a place for himself in a rehabilitation home. He said he would prefer jail time. 

"It's all a big joke," he said. "I'm going to take the sentence and after I get out I'll find somewhere to go. It's either do or die for me."

Bucci also apologized to the court for his actions the previous week.

"I want to take time to apologize for my behavior," he said.

McGovern said he understood Bucci's problems, and thanked him for the apology.

The court and Bucci's lawyer will look for a way to expedite Bucci's guilty plea so he can start serving his sentence immediately. He will likely face nine months in prison.

Flemming Has Lawyer Problems

Tron Flemming was arrested on Aug. 17 for Criminal Trespass in the Third Degree and violating probation. He has since been held in Westchester County jail on $500 bail.

Flemming is holding out, trying to get the Assistant District Attorney to reduce his charges to violations. However, the delay in getting a signal from the ADA has led to friction with Flemming's attorney.

On Wednesday, his court-appointed lawyer asked to be relieved from the case.

"The communication has broken down and made it into an uncomfortable situation," his lawyer said.

McGovern relieved the lawyer from the case, and warned Flemming that he would not be given another attorney if he failed to get along with his new lawyer.

Flemming's new lawyer entered a plea of not guilty. Flemming will be back in court next week.

Tarrytown Criminal Court is in session every Wednesday beginning at 9:00 a.m.