Lockport Union-Sun & Journal Online

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January 22, 2014

Mongielo gets 10 days for violation

Lockport Union-Sun & Journal — David J. Mongielo will serve 10 days in Niagara County Jail for breaking the conditional discharge he was given for his first violation of the Town of Lockport’s electronic sign ordinance. That sentence starts today.

Mongielo was given the discharge in 2010 for his first conviction of violating the town’s sign ordinance. The ordinance bans electronic signs that change message or format more than once every 10 minutes.

While serving the 2010 conditional discharge, Mongielo was charged with violating the sign ordinance a second time in August 2011. The electronic sign in front of Mongielo’s business on Robinson Road was reportedly used to show a video advertising a fundraiser.

The one-year conditional discharge would have expired the following month. 

Mongielo was convicted of that second ordinance violation in a December 2011 nonjury trial, but in September 2012, County Judge Matthew J. Murphy III overturned the conviction, saying Mongielo was entitled to a jury trial. A jury trial date still has to be set for the second ordinance violation.

In his other court battle, Mongielo will return Feb. 25 to Lockport City Court to stand trial on charges stemming from his traffic checkpoint arrest.

Back on June 27, Mongielo objected to a traffic checkpoint on Lincoln Avenue on the city-town border and was ordered out of his car. Mongielo was reportedly thrown to the pavement by officers who arrested him on a variety of charges, including resisting arrest and using a cellphone while driving. Mongielo has said he was using the phone to shoot video of the officers.

He tried to file a police brutality suit without an attorney, but it was dismissed by State Supreme Court Justice Catherine Nugent Panepinto on Nov. 14 because the officers weren’t properly served with the papers.

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