So what happened with Jim Rogowski?

[WNYresident]

Cheektowaga Town Councilman James Rogowski was arrested on Friday. He is accused of Criminal Contempt in the First Degree and Menacing in the Second Degree.West Seneca Police were called to Orchard Park Road around 6 p.m. following a domestic incident.
At 8 p.m., Cheektowaga Police picked up the councilman at an establishment in Cheektowaga as requested by West Seneca police.

http://www.wgrz.com/article/news/che...d/71-522733382

[WNYresident]

Go watch the video

CHEEKTOWAGA,, N.Y. (WIVB) – Cheektowaga Town Councilman Jim Rogowski was arrested Friday night following a domestic incident that occurred on Orchard Park Road in the Town of West Seneca.

The incident occurred around 6 p.m.

Cheektowaga Police picked Rogowski up at a Cheektowaga around 8 p.m. at the request of West Seneca Police.

http://wivb.com/2018/02/23/cheektowa...acing-charges/

[WNYresident]

Just disappointing.

[Dan Roman]

If these charges are true then does he have to resign from office like Markel did?

[WNYresident]

If these charges are true then does he have to resign from office like Markel did?

Good point.

[cheekman]

Dumb ass. But then again no great loss for the town. If you cant vote him out just hope he hangs himself. And he did.

[WNYresident]

35 people are skimming this forum. I wonder if it's employees.... Frank Max's group or whoever leads the other clique of people....

[WNYresident]

First Degree Criminal Contempt, New York Penal Law 215.51, is without a doubt one of the “scarier” and broader versions of the Criminal Contempt charges. Not that Criminal Contempt in the Second Degree, New York Penal Law 215.50(3), is anything to take lightly, but NY PL 215.51 is an “E” felony. Without any criminal history and having no prior brushes with the law, if you are arrested for Criminal Contempt in the First Degree you will face as much as one and one third to four years in a New York State penitentiary. If that potential punishment does put the severity of these arrests and charges into perspective, then maybe actual incarceration will.

According to the New York Criminal Code 215.51(b), you are guilty of First Degree Criminal Contempt if in violation of a duly served order of protection (or an order that may not have been duly served but you have knowledge of it because you were present in court when it was issued) you

intentionally place or attempt to place a protected party in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or some type of gun or firearm or by means of a threat or threats; or

intentionally place or attempt to place a protected party in reasonable fear of physical injury, serious physical injury or death by repeatedly following the protected party or engaging in a course of conduct or repeatedly committing acts over a period of time; or

intentionally place or attempt to place a protected party in reasonable fear of physical injury, serious physical injury or death when you communicate or causes a communication to be initiated with that person by telephone, written communication or electronic communication (such as a text, Facebook message, email, etc.); or

with the intent to harass, annoy, threaten or alarm the protected party, you repeatedly make telephone calls to that person, regardless of whether or not you have a conversation, with no purpose of legitimate conversation; or

with the intent to harass, annoy, threaten or alarm the protected party, you strike, shove, kick or subject that other persons to physical contact or merely attempt to or threaten to do the same; or

by physical menace, you intentionally place or attempt to place the protected party in reasonable fear of death, imminent serious physical injury or physical injury.

The list above is not a comprehensive list of conduct that constitutes a violation of NY PL 215.51, but identifies some of the more common arrests. Because other actions may result in an arrest (in the domestic context these arrests are mandatory) with potential sentences of up to four years in prison, understanding all of the possible elements and charges is essential. Even if the crime of First Degree Criminal Contempt was limited to the language above, these sections contain numerous terms and words defined by statute and legal decisions that are beyond the every day understanding of non-lawyers and non criminal attorneys. For example, what constitutes “physical injury,” “reasonable fear,” “imminent” and “a period of time?” Is a slap on the cheek physical injury and is “a period of time” one day? Going forward without experienced criminal counsel is not only naive, but ignorant and dangerous. Do not set yourself up for failure.

https://www.new-york-lawyers.org/cri...aw-215-51.html

[WNYresident]

New York Consolidated Laws, Penal Law - PEN § 120.14 Menacing in the second degree

A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;  or

2. He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death;  or

3. He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act, section 530.12 of the criminal procedure law , or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued.
Menacing in the second degree is a class A misdemeanor.

http://codes.findlaw.com/ny/penal-la...ct-120-14.html

[gorja]

If these charges are true then does he have to resign from office like Markel did?

In Markel's case, DA Frank Sedita stated that a guilty plea to a crime involving "moral turpitude" the elected position is automatically vacated.

Crimes involving moral turpitude

• First, second, and third degree assault
• Second degree menacing
• First degree reckless endangerment
• Third degree stalking
• Forcible touching
• Petit and grand larceny
• Third degree robbery
• Fifth degree possession of stolen property
• Third and second degree forgery
• Fourth degree sale of marijuana
• Prostitution
• Endangering the welfare of a child
• Fourth degree criminal possession of a weapon

[gorja]

I feel bad for his wife. I can remember when my dad would be on the "warpath" as my mom would say. Sometimes, my mom, brother and I would sleep in the car at the Clarence Trooper barracks. Then there were times we didn't get away because my dad would do something with the distributor cap. Just hearing this story makes me think about things I hadn't thought about in years.

At least, nowadays they do something about it.
Wishing Mrs Rogowski a normal life without fear for her life.

[Greg Sojka]

I find it very disturbing.Thank God the police got involved. Gorja, I am sorry for your childhood experiences. But I wonder why with experiences like that on many other posts about sexual Harassment, rape, and abuse you are very quick to say " innocent until proven guilty" or "calling them gold diggers" ? I struggle to understand why you have sympathy here but on others posts your quick to dismiss and toss in a snarky comment?

[grump]

I find it very disturbing.Thank God the police got involved. Gorja, I am sorry for your childhood experiences. But I wonder why with experiences like that on many other posts about sexual Harassment, rape, and abuse you are very quick to say " innocent until proven guilty" or "calling them gold diggers" ? I struggle to understand why you have sympathy here but on others posts your quick to dismiss and toss in a snarky comment?

Maybe because it should take more than a mere accusation 25 years after the alleged incident to ruin someone’s life. Maybe actual proof for a change. As for the Hollywood types don’t screw your way to millions in movie royalties and then complain you’re a poor put upon sweet thing who was abused. Did you think about saying no and going back to working in the shoe department at Macy’s with your “pride” intact? Probably not!

[grump]

If these charges are true then does he have to resign from office like Markel did?

If the charges are true then he violated his oath of office to uphold the law. But hey, if that were enough to remove you from office Obama would’ve been out by day 6.

[WNYresident]

According to the New York Criminal Code 215.51(b), you are guilty of First Degree Criminal Contempt if in violation of a duly served order of protection (or an order that may not have been duly served but you have knowledge of it because you were present in court when it was issued) you

intentionally place or attempt to place a protected party in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or some type of gun or firearm or by means of a threat or threats; or

When is our next board meeting?

Did Jim have a protection order against him before this issue? If so why didn't the town board handle this properly when it was issued?

If I was supervisor I would have told him he needs to resign at that time.

Well on the bright side doesn't this mean we have 4 possible seats open for next election?