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Barnaby admits DWI but avoids jail - Courts - The Buffalo News
Barnaby will spend at least 100 hours explaining those actions to Clarence youth after receiving in-patient counseling and treatment under two of several conditions imposed by Clarence Town Justice Michael B. Powers following his guilty plea and sentencing on four charges, including misdemeanor driving while intoxicated.
Barnaby, 38, also admitted to vehicle and traffic offenses of refusing to submit to a chemical test, operating with an unsafe tire and failing to notify the state Department of Motor Vehicles of a status change.
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He's not completely out of the woods......
Barnaby, a Canadian citizen who is a legal resident alien in the United States, may still face legal hurdles at the federal level if deportation proceedings are brought against him because of his guilty plea.
Barnaby said he has retained Matthew L. Kolken, one of the region's most prominent immigration lawyers, should federal authorities launch a deportation action against him.
It's the second time this year Barnaby has found himself on the wrong side of the law.
In May, he reportedly "beat up" a garage door trying to get into his estranged wife's Getzville home. Felony domestic violence charges were dismissed in that case, but misdemeanor charges were adjourned in contemplation of dismissal if Barnaby stays out of trouble for a year.
District Attorney Frank A. Sedita III filed a motion to resurrect those charges after Barnaby's latest arrest, but Sedita said late Tuesday that could be averted if three separate conditions are met.
Sedita required Barnaby to satisfy his first condition Tuesday night by taking "full and complete responsibility for what he did a week ago."
"My point of view on this case is that I gave him a break the first time around," Sedita said. "In order for me not to resurrect [the domestic violence] charges a second time around, he was going to have to [plead guilty] to all of these charges."
By doing so, Barnaby ensured himself a criminal record. He is expected to appear today at the sheriff's office to be fingerprinted in the latest case.
Second, Sedita said both parties in the domestic incident — Barnaby's ex-wife and her former boyfriend — must confirm they don't want to prosecute it, and third, both Amherst Police and the sheriff's office must agree to the terms.
The domestic violence charges — if reinstated — could prove even more damaging to his case to avoid deportation. Federal immigration law often looks unfavorably on minor matters concerning domestic violence, even more than a misdemeanor DWI conviction.
Barnaby will spend at least 100 hours explaining those actions to Clarence youth after receiving in-patient counseling and treatment under two of several conditions imposed by Clarence Town Justice Michael B. Powers following his guilty plea and sentencing on four charges, including misdemeanor driving while intoxicated.
Barnaby, 38, also admitted to vehicle and traffic offenses of refusing to submit to a chemical test, operating with an unsafe tire and failing to notify the state Department of Motor Vehicles of a status change.
***********************************************************
He's not completely out of the woods......
Barnaby, a Canadian citizen who is a legal resident alien in the United States, may still face legal hurdles at the federal level if deportation proceedings are brought against him because of his guilty plea.
Barnaby said he has retained Matthew L. Kolken, one of the region's most prominent immigration lawyers, should federal authorities launch a deportation action against him.
It's the second time this year Barnaby has found himself on the wrong side of the law.
In May, he reportedly "beat up" a garage door trying to get into his estranged wife's Getzville home. Felony domestic violence charges were dismissed in that case, but misdemeanor charges were adjourned in contemplation of dismissal if Barnaby stays out of trouble for a year.
District Attorney Frank A. Sedita III filed a motion to resurrect those charges after Barnaby's latest arrest, but Sedita said late Tuesday that could be averted if three separate conditions are met.
Sedita required Barnaby to satisfy his first condition Tuesday night by taking "full and complete responsibility for what he did a week ago."
"My point of view on this case is that I gave him a break the first time around," Sedita said. "In order for me not to resurrect [the domestic violence] charges a second time around, he was going to have to [plead guilty] to all of these charges."
By doing so, Barnaby ensured himself a criminal record. He is expected to appear today at the sheriff's office to be fingerprinted in the latest case.
Second, Sedita said both parties in the domestic incident — Barnaby's ex-wife and her former boyfriend — must confirm they don't want to prosecute it, and third, both Amherst Police and the sheriff's office must agree to the terms.
The domestic violence charges — if reinstated — could prove even more damaging to his case to avoid deportation. Federal immigration law often looks unfavorably on minor matters concerning domestic violence, even more than a misdemeanor DWI conviction.
