Man sentenced to jail for violating probation in previous assault case

By DAVID WINTERS
TIMES STAFF WRITER
WEDNESDAY, SEPTEMBER 1, 2010
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CANTON — A Norwood man will serve a year in St. Lawrence County jail for violating his interim probation conditions.

Brian P. Russell, 23, of 27 Austin Ridge Road, was resentenced Tuesday in St. Lawrence County Court by Judge Jerome J. Richards on an attempted second-degree assault charge. The judge found he had violated his interim probation by being charged last month in a separate assault case.

Mr. Russell was charged Aug. 10 with second-degree assault for hitting a woman in the town of Norfolk, Judge Richards said. A condition of the interim probation was not to be arrested again.

He admitted in December to punching and kicking Preston Bond on Nov. 1, 2008, on Mechanic Street in Norwood.

In other court proceedings,Edwin C. Dowling, 32, Gouverneur, admitted he violated several conditions of his probation. Mr. Dowling was convicted in 2007 of felony criminally negligent homicide and misdemeanor driving while intoxicated.

He was the driver of a car that struck a boulder, killing passenger Jeri Lynn LaBow Love, 27, Macomb, in 2005. He had been given five years' probation.

Mr. Dowling admitted Tuesday to not reporting to his probation officer several times, along with drinking alcohol and testing positive for marijuana during a drug test.

The resentencing was postponed until March 11, allowing him to continue his outpatient rehabilitation program. Mr. Dowling suffered a brain injury in the accident.

Chief Assistant Public Defender Stephen D. Button said outside the courtroom that allegations brought up at an Aug. 17 hearing that his client had inappropriately touched a female patient and sent an improper picture of himself to another female patient using his cell phone while attending an outpatient rehabilitation program were "unfounded." The agency made that decision last week. The results of the report weren't discussed in court Tuesday.

John R. Scarlett, 40, of 443 S. Hammond Road, Hammond, was resentenced to serve nine months in county jail for violating conditions of his December 2005 sentencing for a felony DWI conviction.

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