Restitution Payment Could Bring Reduced Charge

FULTON, NY – A sizeable restitution payment could mean a reduced charge for a Pennellville man who faces several charges that were brought against him in 2006.

Warner ShueWarner Shue, 53, whose address at the time of his arrest was in Pennellville, appeared this week in Fulton City Court before Williamstown City Court Judge James C. Harberson Jr.

Under an agreement with the Oswego County District Attorney’s office, Shue is slated to pay restitution in a felony case that was waived to Oswego County Court. In that case, Shue faces a charge of third-degree criminal possession of stolen property that dates to June 28, 2006.

Once restitution is paid, the charge could be reduced to a misdemeanor and brought back to Fulton City Court on prosecutor’s information, according to Fulton City Court Chief Clerk Maureen Ball.

Ball explained that the reduced charge would be batched at that time for disposition with other pending charges in Fulton, which include misdemeanor counts of driving while intoxicated and driving with a blood-alcohol content of 0.08 percent or more from Nov. 23, 2006; seventh-degree criminal possession of a controlled substance from Aug. 22, 2006; and third-degree aggravated unlicensed operation of a motor vehicle from Aug. 4, 2006.

Oswego County Chief Assistant District Attorney Donald Todd noted in court that Shue owes $19,350 in restitution.

“That’s the high end,” defense attorney Michael Shanley noted.

Harberson said his understanding is that Shue will meet his restitution obligation through the sale of real property. Shue confirmed that was the case.

“If that is done, you will be offered the reduction,” Harberson said. He noted that the reduction would not be offered prior to the payment of restitution in the event the sale fell through.

“No sentence will be announced by this court (in connection to the plea agreement),” Harberson noted.

Harberson scheduled Shue to return to court Aug. 4 at 8:30 a.m.