Published: September 23, 2008 11:58 pm            

COURTS: Ex-teacher Marcy Cole pleads guilty to two felony DWI counts

A former city elementary school teacher has pleaded guilty to two felony charges of driving while intoxicated, settling an 11-count indictment against her in Niagara County Court.

Marcy L. Cole, 35, of Main Street, Gasport, faces a maximum of eight years in prison when she is sentenced Nov. 6.

Cole pleaded guilty to two felony counts of DWI in connection with her arrests on Oct. 7, 2007, and Jan. 10, 2008.

She already had a previous DWI conviction, after pleading guilty in October to misdemeanor DWI in connection with an April 18, 2007, traffic stop in the Town of Lockport.

She was arrested a fourth time in June on charges of DWI in the Town of Royalton.

Tuesday’s plea satisfies all the charges against her, Assistant District Attorney Ted Brenner said.

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 in June.

Cole’s attorney, Thomas Scirto, said she decided to accept the plea after a “long discussion of the charges against her.”

“She decided to take responsibility for her actions,” Scirto said.

He said Cole has completed treatment programs for chemical dependency and is currently an outpatient in an alcohol rehabilitation program.

She had been out on $10,000 bail, but her bail was revoked Sept. 12 after probation officers reported she tested positive for alcohol twice.

On Aug. 29, deputies were called to West Avenue in Gasport, where they reportedly found Cole sitting by the side of the road, crying and apparently intoxicated.

She also reportedly drove to Grand Island after her probation officer told her not to leave the county.

Cole is now in custody at the Niagara County Jail.

Scirto said he hopes Cole will get her life back on track.

“(Sobriety) is a personal decision she has to make. Nobody else can do it for her,” he said. “I hope this time she has the resolve.”

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

        

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