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Scriba Highway Chief-Elect Arrested for DWI

SCRIBA, NY – Michael Barry, the Town of Scriba Highway Superintendent-elect, and a current employee of the highway department, was arrested for driving while intoxicated earlier this summer and managed to stay silent about the charges during a hotly contested primary and general election.

Last Tuesday, he was elected to the four-year post while his criminal action is still pending.

Barry, 48, a resident of Duke Road in the town of Scriba, was arrested by the New York State Police on July 26 in the town of Brutus, Cayuga County, and charged with multiple counts of DWI, as well as several traffic infractions, town officials said today (Nov. 8).

It is reported that Barry’s blood alcohol level was .14%, nearly double the state’s legal limit for driving while intoxicated.

Barry defeated incumbent Roger Myers by a count of 685 to 518. A ballot proposition expanding the term of the highway superintendent from two years to four years also passed.

“The voters of Scriba were tricked and deceived by Mr. Barry,” said Town Supervisor Ken Burdick. “I found out about this matter two hours before the polls closed and can’t help but feel sorry for everyone who didn’t know and cast their vote for this guy, it’s shameful what he has done. What a complete misuse of the public’s trust.”

This latest arrest comes a little more than two years after Barry was convicted for DWAI in the town of Lysander. He lost his ability to drive for the town highway department for one year.

The town fired him but Barry, through his union, appealed the decision and ultimately his position was restored by the Appellate Division of the New York State Supreme Court. Less than two weeks after his return to work this summer he was arrested for another DWI.

This may be the fourth drinking and driving-related incident for Barry over the past 25 years.

Barry is scheduled to appear before the Brutus Town Justice on Tuesday, November 10 at which time his license to drive will be suspended, according to a representative of the Cayuga County District Attorney’s office.

A condition of his work requires him to maintain a Commercial Driver’s License. Under NYS law, if convicted of the latest DWI charge, Barry will be permanently disqualified from operating a commercial motor vehicle. His regular license will be revoked for up to one year or more.

“How can you be in charge of the town highways and not have a license to operate a vehicle on the very roads you are responsible for overseeing?” asked Supervisor Burdick. “This whole situation is a mess and I feel as though the town has been duped by Mr. Barry.”

It remains unclear whether the town of Scriba will be in a position to remove Barry from his newly elected post in the event he is convicted of his latest charge.

“We are working with the Cayuga County District Attorney to ensure that Mr. Barry is prosecuted to the fullest extent of the law,” said Town Attorney Kevin Caraccioli. “Suspension, termination, and removal from office are all options being explored for Mr. Barry.”

30 Comments

  1. If mr burdick wants to make statements about mr barry he ought to at least be respectful of mr Barry’s family and friends and at least speak the truth. Mr barry didn’t cost the scriba residents 30000 dollars, mr burdick himself did by trying to fire someone when he didn’t have the right to fire him, and forcing the matter out of our county and away from mr burdicks shady connections. Most everyone who knows mr Barry knows he would be an excellent highway supervisor because unlike mr burdick and mr Myers he treats people like equals and not like underlings, and obviously the residents of scriba feel the same or good ole roger would have won by a landslide. The best thing that could happen to scriba now would be for mr burdick to join mr Myers out of office as well. Was what mr Barry did wrong? Yes it was. But people do make mistakes that they are ashamed of, embarrassed by, and deeply regret. Mr Barry never stooped to mr burdicks level of bashing someone and making false statements, he let the residents of scriba vote for the person they felt was the man for the job, and obviously they knew it was time for mr Myers to go. How sad is it that mr burdicks true colors are quite clear in this situation. Hopefully mr Barry can come to terms with himself and his supporters over this situation and pick himself up, dust himself off and move on. He is a very nice and caring individual and will make it through this, even with mr burdicks continued attacks.

  2. FYI
    Removal from office DOES NOT mean the elected position goes to the runner up in the election. An interim is assigned ,and then a special election needs to be held .

  3. Robin, obviously your a supporter of Mike’s or a family member. What Mike did was absolutely wrong ! He kept the information away from the public to deceive them period ! If you or Mike think, after his DWI arrest in July and prior DWAI not too long ago would’ve been made public, your head is in the sand if you think he would have been elected. He won on election night, and I was willing to give him a chance. Well, he definitely has a problem he needs to deal with. He has embarrassed his family , friends, co-workers who supported him and the people of Scriba. This will move through the court system, what ever the outcome will be, Mike has himself to blame! I am a union man, and if I were his union, I wouldn’t waste another dime of good Teamster’s union dues to fight for him, after they did it one ! He doesn’t get it apparently. Only one sentence in your comment made any sense, Mr Myers treats people like equals, not like underlings. He has done an admirable job for the Town, with what he has had to work with.

  4. I voted for Mr. Barry last Tuesday. If I had know about his previous DWI arrests I would NOT have voted for him. If they have any type of petition to sign to keep him out of office I will be the first to sign it. I feel it was completely irresponsible of him to run knowing he was facing this legal trouble. Perhaps he should also seek some type of help, he is very lucky that in making a choice to get behind the wheel drunk someone wasn’t hurt or killed.

  5. Wow reading all the media sounds like Burdick has a personal attack against Mr. Barry. Does he want all the Scriba taxpayers to get on their knees and worship him. I am sure if people started digging they would find skeletons on Burdick and Myers.

  6. Whatever happened to innocent until proven guilty? This Burdick guy thinks he can reach out to other counties and interfere in their legal system. That county should take offense to that. Talk about corruption.

  7. Mr Burdick are you kidding me?? What business is it of yours what Mike Barry does on his own time? Was he driving a Town Vechicle? Did anyone get hurt? Everyone knows that you have a personal vendetta against him & YOU are the one who spent the taxpayers money to try to keep him from getting his job back, how professional does that make you.

    Do I agree with what he did, no. But does everyone make mistakes, yes. Was he suppose to take out an add in the paper letting everyone know about his DWI because he was running for a political position? WHY??? He hasn’t even been convicted in Cayuga County, why does Oswego County feel the need to get involved?

    Jim Oldenburg, you may want to read Robin’s comment again…

  8. Ken Burdick did you ever have a few drinks ,of course you did at some parties at the field days but you didn,t get caught . Mike berry did and who are you to say he,s guilty ,we have all done what he has done but we didn,t get caught .Mike Berry won the election for high way supervisor fair and square , I think the people in scriba need to hire a lawyer and look at the books I think they mite have a lot of thing that would be interesting .Rodger Meyers the current high way supervisor I heard he got paid from welfare for his girl friend and kids to live with him ,lets start there . Lets hire a private I to look at some of the spending thats been done buy the town and its employees ….LETS CLEAN UP THIS CROOKED TOWN NOW STARTING RIGHT AT THE TOP …

  9. I voted for Mr Barry and I would do it again! George you are right what happened to being innocent until proven guilty? Why is this even headlining news? given this news coverage it sure does appear that Mr Budick has a vendetta against Mr Barry. Mr Barry never stooped to the level of Mr Burdick and Mr Myers. The tax payers voted and they are sick of the corruption in this town! Even with mr Myers bashing and corrupt ways couldn’t get him reflected. And mr Burdick it speaks volumes of how Scriba feels about you in the polls with the minimal votes you received!

  10. This isn’t the first DWI Mike Barry has had. It’s politics not matter how small the level the games are just as dirty

  11. Reading through many comments on this website and others, I have reviewed comments favoring both parties. Jim Oldenburg, after doing my own research, It has been proven that you, yourself are a county legislator, out of anyone I would expect to see your comment favoring the law of innocent until proven guilty. Furthermore, information put out to the public on the news provided by interviews with Mr. Burdick does not match up to actual prosecutions by legal documentation thus far. A union that is supporting Michael Barry is a fair union and is fighting for what they believe in. This union has done it once before because they BELIEVE in him, and from what I have read, I have faith they will do it again. No final decision by a judge has been determined, and, until that time this is all slandering and misinformation being provided to the public. Not that I condone drinking a driving, and yes I believe DWI’s do endanger the lives of all, but I believe there is more to this story then being told. Robin, I think the way you have stated your post is accurate and professionally put. Mistakes happen and Michael will have the embarrassment, regret, and shame of this incident as you stated, but, he should have PRIDE and heart knowing he won because of his determination to come back a second time and run for something he believes in, after firstly being wrongfully terminated. Mr. Burdick has made many bold statements in which I hope he is ready to battle to defend because Mr. Barry has shown he will NOT be going down without a fight. Oh and I don’t have to be a family member, friend, or acquaintance, to stand up for something or someone I believe in.

  12. I don’t know what is wrong with those of you that are supporting Mr. Barry. This is a matter of ‘Public Safety’! Do you really want your loved ones on the roads when Barry is driving a plow or running the wing of a snowplow? It is a well established practice at the Scriba Highway Department that, when short handed, the Supervisor plows roads.

    For those of you complaining about knowledge of his DWI being made public harming his family, are you ignorant enough to believe that his wife and two grown children were unaware that he had gotten a DWI in the months proceedings his running for the position. His daughter Andrea, an elementary teacher in Onondaga county, ran many posts on her Facebook page telling her followers to get out and vote for her father stating what a wonderful man he is. Do you really believe that she had no knowledge of this DWI or the priors?

    As for costs to taxpayers due to Mr. Barry’s previous firing, the cost was much greater than the $30,000 specified! Barry recently received a lump sum payment for all the time he missed while his employment was terminated and health insurance reimbursement as well. Yes, I feel real sorry for him!

    I am sure that most of the proponents of Mr. Barry are aware that he is married into the Upcraft family. The Upcraft family has held position in, various capacity, within Scriba Town government for many decades! Most of us can remember, a few years back, when Tom Bullard the Scriba Town Water Superintendent was arrested for misappropriation of town funds for his personal use. Bullard is also married into the Upcraft family! If one was to look into those that are employed by the Town of Scriba, they would find out that, percentage wise, there are a great ratio of Upcraft relatives! Can anyone say NEPOTISM?

    Barry made his own decision, yet again, in getting behind the wheel intoxicated. No one else made that decision for him. Does he have such a feeling of entitlement that he thought he could run for Highway Superintendent after a DUI and a DWI over the past 3 years? Apparently! In my oppinion, he is both an alcoholic and mentally impaired.

  13. driving while intoxicated
    Drunk driving, formally called driving while intoxicated (DWI) in New York, is a serious crime. NY will suspend your license, impose expensive fines, and even put you in jail if you drink and drive. New York DWI Defined. this is the second last one 2013 so lets let him keep up with his drinking and driving till someone gets killed end of story its the LAW

  14. Never mind Mr. Barry keeping the Superintendent position. He should be receiving a mandatory jail sentence after two DWIs in a three-year period. Those of you that are defending him clearly are Highway Department employees and family members!

  15. First of all ROSE mr Barry was NOT in a plow or any vehicle owned by the town. He was on his own time, in his own vehicle and he has not even been charged!! All this media is sensationalizing a situation because they are puppets on mr burdicks strings as he makes a circus out of this town!!! As for mr Barry’s his daughter, Andrea, you know nothing about what she knew or even knows. You again are making assumptions under what mr Burdick is saying which is not accurate!!! Stick to the facts and leave the family out of it!!! No one is saying they condone drinking and driving they are just stating that he has not even been charged and IN THIS COUNTRY YOU ARE INNOCENT UNTIL PROVEN GUILTY! this is a vendetta against mr Barry! Why would you even bring Tom Bullard into this or even the Upcraft family. Is this mr Burdick under a false name because he has a personal vendetta against the Upcrafts? Clyde Upcraft was s great highway superintendent and does not deserve to have his family brought through the mud because you “think” you have some inside information! So stick to the facts of this situation and keep your comments and uneducated opinions to yourself!

  16. The money the town paid to fire their employee has nothing to do with the employee. The money reimbursed him was a court order. Obviously the court thought he fired illegally or the man would have remained fired and not given back pay. Their ruling deems the town was wrong. The town wasted the money. Also, FYI, the union is obligated to represent all employees.

  17. Thank you Steve for clarifying for Kenzie’s benefit. Yes, we are all innocent til proven guilty. But we all know, Mike Barry will get his DWI as charged or DWAI. He will receive something folks ! Mike needs to look into a mirror, point to who he sees, and blame that person. Only he is to blame for this. I’m glad you and I have the guts to post our names Steve, instead of hiding. Get a backbone people, if you want to comment !

  18. Obviously there are going to be those that defend and those that attack. The problem here is that the attackers are attacking more than just the so called guilty party. Quite frankly you should be ashamed of yourselves for assuming his family knew when you don’t know anything about his family. But let’s say they did know, just because someone has a drinking problem or let’s say any addiction for that matter, does that make them a person who is incapable of being a kind an caring person, and no one should love or care about them, including his children or simply want to see the system work the way it is supposed to, which is innocent until proven guilty? Many of the posters on here attacking mr Barry have been guilty of the very thing they are attacking him for, they just have never been caught, or have had charges dropped due to their “connections”. How sad that this has become such “national news”. Oswego county residents really need to wake up to the corruption around them and look at those in office doing this attacking and rethink keeping these people in the positions they are in. These are supposedly professional positions with respectable people holding them and so far what is being posted is embarrassing for scriba residents. Maybe these people are trying to keep the lime light focused on mr Barry so you won’t notice what they themselves are doing, like using scriba money and assets for their own personal gain. If you are concentrating on what is being presented as “the crime of the century” you won’t pay attention to any of their short comings.Furthermore from what I have read and looked up myself, mr Barry wasn’t an elected official when this incident took place, won’t be an elected official until January 1, 2016, so this is just smearing at this point. Are we all supposed to take an ad out in a paper when we do something “wrong”? Why would he have told anyone back in July. His license wasn’t taken and he was fighting it. End of story. This is receiving far too much media coverage and I’m sure there are far more important “crimes” being committed right this very minute in scriba and oswego that the residents should be dedicating this much effort to. Let’s go after the real “criminals” and clean this county up and get some of our pride back. Furthermore, mr Barry won that election based on his work ethic and caring personality and that hasn’t changed. He has worked for the town of scriba for over 25 years from what I found out, And that says a lot about his work ethic to me, and should to you too. As far as the updraft name, I don’t believe there are any upcrafts working for scriba town so let’s let mr upcraft rest in peace shall we.?. You can attack me all you want, I don’t hold any public office and I’m not “a well known resident”. Everyone has ghosts in their closets, EVERYONE. Let’s get re focused and back on track. What mr Barry did was wrong, as I’ve stated before, but again, it was on his own time and he wasn’t a public official then, and not even officially now. And I believe, mr burdick, he did a damn good job keeping scriba roads clean for the last 25 yrs or so, and I know of several people who are willing to chauffeur him around, to use your own words to check on his crews when he takes over in January. Scriba residents need not worry about that. One act of extremely poor judgement does not change “who a person is” on the inside or change their morals. It makes them human. Let’s let mr Barry get the help he needs for his problem and prove to the residents of scriba that they made the right decision in voting him in by being one of the best highway superintendents scriba has seen in many years. If he doesn’t hold up to your standards, you can let him know in the next election, the way you let mr Myers and mr burdick know with this past election by voting mr Myers out.

  19. Rose,
    How dare you bring a child’s name into this. You have no idea as to what these children or family for that matter knew. You need to grow up. Defend someone by stating facts, not assumptions. God bless your family if they ever get put in a Predicament where they are in a public eye, as I perdict you have some serious karma coming your way.

  20. Robin,
    As a Scriba taxpayer and a family member of someone seriously injured by a drunk driver, I feel the need to point out that does make him a ‘real criminal’ as defined by law. (I am not just talking about this latest issue.) That fact that he used poor judgement on his own time does not make me feel better about Mr. Barry being the person in charge of the Highway department. I know people are innocent until proved guilty, I also know it would not have gone this far without some reason, formal arrests are not made if the officer does not have a reason to do so.

    If a person does not have a driver’s license, much less a CDL, that person should not be in charge of ANY highway department. Please know this is not an attack on Mr. Barry, his family, or even you. To me as a taxpayer in a town that will not be missing thousands of dollars in tax revenue with the upcoming Fitzpatrick closing this is about the best use of my tax dollars, paying for someone to do an incomplete job isn’t the best use of that in my opinion.

  21. As I read the comments I am completely amazed at the fact that some of you think that Mr. Barry’s DWI shouldn’t have garnered media attention! Barry, himself, elected to run for Highway Superintendant after receiving his latest DWI. In doing so, he exposed himself and his family to the media attention. It was his own arrogance and sense of entitlement that brought this to rise! Let the chips fall where they may!

  22. To start with, I have to say that I am so glad I don’t live in Scriba NY!! The people that are judging Mike are quite pathetic & obviously have nothing better to do. Bringing his family into this situation, is so wrong-how dare you!! How do you know what they did or didn’t know? And if they did, why wouldn’t they stand by him, that is what family does. Apparently, not some of your families….SAD!!!!

    I have been friends with Mike for years and he has always treated me with respect and been nothing but good to me. Do I agree with what he did, no. But, I would suggest that those of you who are attacking him might want to look into to your own past to make sure you have never make a mistake that might come back to bite you!

  23. Scriba,
    I am sorry to say you are incorrect. This is not personal attack on Mr. Barry, I am going by the facts as they are known. I do not know Mr. Barry but yet I voted for him last week. Had I known about his legal troubles I would not have.

    I have not attacked Mr. Barry personally, I am speaking as a concerned taxpayer with logic and reason. I do not know him personally and have no reason to dislike him personally, nor do I care who or who he is not related to. I simply think if he doesn’t have a license to drive a vehicle he should not be in charge of the Highway Department. Most residents I have spoke with feel the same.

  24. ROSE – Shame on YOU! Slandering his immediate family!!! You are absolutely wrong on many of your assumptions, and are very wrong for shaming his family. You are wrong!

  25. Coffee talkers at McD

    Barry’s court appearance has been postponed until November 17th. Tha Town of Brutus justice gave a one week postponement as Barry had not retained an attorney until November 10th, the day of the scheduled court appearance.

  26. Has anyone heard anything as of the results from last nights court date?? (Nov 17th) Haven’t seen anything on the news, would like to know before I go to the Town Board meeting tonight

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