Lockport Union-Sun & Journal Online

January 22, 2014

Mongielo granted stay of sentence

Lockport Union-Sun & Journal

Lockport Union-Sun & Journal — David J. Mongielo will avoid jail time again.

Niagara County Judge Matthew J. Murphy III granted Mongielo a stay Wednesday afternoon, putting off the 10-day sentence that the Town of Lockport auto shop owner received the previous night. The stay is in effect until Murphy rules on the appeal.

Frank Housh, Mongielo's attorney, filed an appeal Wednesday in Niagara County Court. Had Murphy not granted the stay, Mongielo would have reported to the Niagara County Jail, Housh said.

Mongielo was sentenced Tuesday night in Lockport Town Court by Justice Leonard G. Tilney Jr. Mongielo was given jail time for breaking a term of the conditional discharge he'd received in 2010 when he was sentenced for his first violation of the Town of Lockport’s electronic sign ordinance.

The ordinance bans electronic signs that change message or format more than once every 10 minutes.

While under the one-year 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 reportedly was used to show a video advertising a fundraiser.

Mongielo was convicted of that second ordinance violation in a December 2011 nonjury trial, but in September 2012, Murphy overturned that conviction, saying Mongielo was entitled to a jury trial.

A date to hear Mongielo's appeal has not been set yet, Housh said.

Contact reporter Joe Olenick at 439-9222, ext. 6241, or follow him on Twitter @joeolenick.