Published: July 16, 2008 12:54 am            

COUNTY COURT: Former teacher facing 4th DWI charge pleads not guilty

The former fourth-grade teacher facing her fourth charge of driving while intoxicated has pleaded not guilty in Niagara County Court.

Marcy L. Cole, 35, of Main Street, Gasport, was arraigned Tuesday on an 11-count indictment, including: three counts of felony driving while intoxicated, two counts of first-degree aggravated unlicensed operation of a motor vehicle, endangering the welfare of a child, following too closely, speeding, resisting arrest, second-degree criminal impersonation and a taillight violation.

The charges bring together three separate DWI cases from Royalton and the Town of Lockport. Cole’s most recent arrest, on June 16, yielded her fourth DWI charge in 14 months.

Cole, who is out on $10,000 bail, will be required to wear an monitoring device on her ankle as a condition of her release.

Judge Sara Sheldon Sperrazza said she wanted to make sure Cole cannot get behind the wheel.

Cole’s license was revoked after her first arrest.

“Her not having a license doesn’t seem to do much,” Sperrazza said. “I want someone to know where she is and what she’s doing at all times.”

Cole’s attorney, Thomas Scirto, said Cole no longer has a vehicle.

Cole pleaded guilty in November in Lockport Town Court to misdemeanor DWI in connection with an April 18, 2007, traffic stop.

In October, she was charged with speeding and aggravated unlicensed operation of a motor vehicle after a traffic stop on Gasport Road in Royalton.

The charge of endangering the welfare of a child refers to that arrest, Scirto said. Cole allegedly had a 10-year-old girl in the car with her when she was arrested.

Cole was again arrested Jan. 10 on Day Road in the Town of Lockport.

She is set for a pre-trial conference Sept. 23.

Cole taught fourth grade at Roy B. Kelley Elementary School until January, when she was pulled from the classroom after parents and teachers reportedly complained about her conduct.

The school board accepted her resignation last month.

Contact reporter April Amadon at 439-9222, ext. 6251.

        

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