Published: June 17, 2008 10:31 pm      

COURTS: Lockport teacher Marcy Cole faces fourth DWI charge

ROYALTON — The City of Lockport elementary school teacher facing her fourth charge of driving while intoxicated pleaded not guilty Tuesday in Royalton Town Court.

Marcy L. Cole, 35, 4444 Main St., Gasport, was charged Monday evening with felony DWI, first-degree aggravated unlicensed operation of a motor vehicle, criminal impersonation, resisting arrest and following too closely.

Sheriff’s Deputy Mike Dunn stopped Cole on Rochester Road about 5:30 p.m. Monday after dispatch received a report that Cole, whose driver’s license has been revoked, was seen driving her Chevrolet Trailblazer in Gasport.

Cole allegedly told Dunn her name was Melissa Mancino, giving two different spellings for the name. When Dunn asked her to get out of the car, she allegedly turned on the ignition and tried to lock the doors.

Dunn and a Middleport police officer were able to get Cole out of the car and handcuff her, the report said.

Deputies reportedly found an unopened 1.75-liter bottle of Rikaloff Vodka inside a brown bag in Cole’s purse.

At the sheriff’s department, Cole allegedly refused to take a breath test, though she denied refusing the test in court Tuesday.

“I was more than willing on the condition my attorney was there,” Cole told Justice Margaret Raduns. “They would not let me call my attorney, nor would they call him for me.”

When deputies explained Cole’s Miranda rights, she allegedly would not acknowledge she understood them, instead saying repeatedly, “I don’t care.”

This is the fourth DWI case in 14 months for Cole, who pleaded guilty to misdemeanor DWI in Lockport Town Court in October. She has a case pending in the Town of Lockport and another pending in Royalton.

Cole’s license was revoked in October after her guilty plea.

Raduns chastised Cole during Tuesday’s appearance, reminding her that she was not supposed to be on the road.

“More than once I’ve told you that,” Raduns said.

Cole is being held in lieu of $10,000 bail and is due again in court Thursday.

Her attorney, Thomas Scirto, said it’s too soon to predict how the new charges will affect her pending cases.

“Of course it’s going to have some effect on the other two charges that were pending,” Scirto said. “What that might be, it’s far too early to tell.”

Cole, a fourth-grade teacher at Roy B. Kelley Elementary School, was pulled from the classroom in January after teachers and parents reportedly complained about her conduct in the classroom. She remains on paid leave.

Superintendent Terry Ann Carbone said the district was “shocked” to hear of Cole’s new arrest.

“We were dismayed, and we were upset,” Carbone said. “We want the community to know we take this situation very seriously.”

Gail Niparts, president of the teachers union, said she could not comment specifically on what sort of disciplinary action could be taken against Cole, but said tenured teachers are governed by the Public Employees Fair Employment Act, otherwise known as the Taylor Law.

The Taylor Law guarantees confidentiality, Niparts said.

“I can assure you that all of (Cole’s) rights have been followed, following the Taylor Law,” she said. “Generally speaking, it’s confidential information while it’s being investigated or all the facts are being put together.”

Carbone said the district is conducting “appropriate business and actions regarding the issue.”

“There are legal matters that need to be attended to, there are personnel matters that need to be attended to, but first there are students t be taken into consideration,” she said. “First and foremost is the safety and well-being of the students. Unless we feel it is safe, that teacher will not be returning to the classroom.”

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