The courts must think the police have nothing better to do. Hardly a week goes by when Susan Davis, age 39, of 96 Williams Street, Apt. 2 in Lyons is in jail, at least once.
On Thursday (3/15) at 5:45 p.m. State Police out of Lyons received a report of a woman threatening another girl with a knife and walking up and down the William Street in Lyons in a drunken tirade.
Davis was subsequently charged with Menacing in the Third Degree, Disorderly Conduct and Harassment in the Second Degree. She was arraigned in Lyons Court and remanded to jail on $500 cash/$1000 bond to reappear in Court on March 27th. After serving five days in jail, Davis was released on Tuesday (3/20) at 11 a.m., not by making bail, but through the pre-trial release program.
But wait, once again the powers to be released Davis, putting her back on the streets. That was until State Police out of Lyons once again received a call on Thursday (3/22) at 4:48 a.m. of Davis threatening her boyfriend, Curtis Moody, also a name well known to police.
This time, again in an intoxicated condition, Davis threatened Moody with a knife. Having already been arrested/convicted on Felony Criminal Contempt by violating, or ignoring prior Court Orders of Protections, Davis was subsequently charged with Felony Menacing in the Second Degree, Felony Criminal Contempt in the First Degree (again) Aggravated Family Offense and Criminal Possession of a Weapon.
“Susan Davis has been admitted to the Wayne County Sheriff’s Office Jail 23 times between November 29, 1995 through March 18, 2018 on 29 charges. (Not including the Thursday, March 22nd arrest) The charges are Disorderly Conduct (2), Family Court Violation (1), Harassment (3) Aggravated Harassment (1), Criminal Mischief (3), Violated Sentencing Conditions (1), Menacing (1), Petit Larceny (1), V/Newark Ordinance Violation (2) and Criminal Contempt (14). The total disregard of court orders is exactly the type of behavior that cultivates continued abuse towards others and herself. This has red flag all over it for potential violent behavior against those the court orders are to protect and public safety overall,” said Wayne County Sheriff Barry Virts.
Meanwhile, following the Thursday (3/22) arrest, due to its felony nature, Susan was transferred from the Troopers to a State Police Investigator. Besides the two and a half hours the State Troopers were tied up in the arrest, they also had to take hours of screams and verbal abuse that Davis tends to hand out to those making her arrests.
The investigator was additionally tied up in court for 30 minutes before a Wayne County Public Defender arrived and 45 minutes before the arraignment took place. This does not include the paper work and additional time once Davis reappears in court on the new charges on Tuesday (3/27). “This is a pain in the ass and a waste of time,” said one police investigator.
This time, Davis was arraigned in Lyons Court and remanded back to jail on $5,000 cash/$10,000 bond.
Wayne County District Attorney, Mike Calarco, stated that Davis is a major problem, with alcohol being a contributing factor. “She has been around for a long time,” he admitted.
Davis is not the only scofflaw on local police radar. There are a number of multiple repeat offenders that are released back on the streets, serving minimum, if any, real time behind bars.
Michael Fazio (see story under Head Scratchers) has an extensive 32 page criminal history, dating back to the 1980s. “Just about every police agency and police officer in the County has arrested Fazio,” commented one officer.
An even scarier arrest/release is Steven Boyer.
On Monday (3/12) the Wayne County Sheriff’s Office arrested Steven Boyer, age 49, after he violated a Court Order of Protection by going to the Lyons Library in an effort to make contact with the protected party, his wife.
Boyer was charged with Felony Criminal Contempt in the First Degree; Criminal Contempt in the Second Degree and Aggravated Family Offense.
Boyer was arraigned in Lyons Court and remanded to jail on $5000 cash/$10,000 bond. Hours later County Court Judge John Nesbitt, ordered him released. Boyer has had numerous violations, including violence and this is not the first time the Wayne County employee has been released by judges.
“Boyer is even more dangerous. This is the kind of guy who raises all kinds of red flags. I have told Kevin Rooney (Wayne County Public Works Director) that I do not want him anywhere near the Sheriff’s Office, or County Hall of Justice. This guy needs to be gone,” said Sheriff Virts.
The Sheriff added his disapproval of Governor Cuomo’s desire to install “cashless bail” to what the Governor considers “non violent”, or misdemeanor charges from going to jail. “Some of these people have no regard for the rule of law and have continual contacts with law enforcement.”
According to Trey Lockhart, Director of the Wayne County Pre-Trial Release Program, any person who has had bail set is eligible for pre-trail contact and interviews. “The more ties someone has to the community, such as family, job, or school, the more likely they are to qualify. It is our job to collect and verify information.”
Lockhart said his program does not grant pre-trial release, but uses a point system that is presented to the presiding judge to make a decision. The judge can decide if counseling, or other requirements are needed for pre-trail release to take place.
Pre-Trail also keeps in contact and monitors persons released and reminds them of court dates and obligations under the terms of there release. Multiple felonies damages the score a person under pre-trail, but the final decision, whether positive, or negative is the judge’s decision. Currently Trey’s staff consists of three full-time and one part time employee. The program is funded mainly through the state and county.
“Any decision made by a judge makes victims either happy, or unhappy. It is very frustrating in my position to talk to victims and the conversation they ask is why the person (defendant) is released”, said Wayne County Victim Witness Director, Sarah Williams. She advises victims to put their wishes in the form of a letter and send it to the presiding judge in a case. “It really does mean something to write to the judge. I have lots of good experiences with judges issuing Orders of Protection,” she added.
