COURTS: Teacher faces fourth DWI charge

Courts

June 16, 2008

By April Amadon<br><a href="mailto:amadona@gnnewspaper.com">E-mail April</a> The Lockport Union-Sun %26 Journal Mon Jun 16, 2008, 11:47 PM EDT

The City of Lockport elementary school teacher who has been charged three times with driving while intoxicated was arrested again Monday evening, this time accused of struggling with officers during a traffic stop.

Sheriff’s deputies arrested Marcy L. Cole, 35, of Main Street, Gasport, about 6 p.m. after a traffic stop on Route 31 in Gasport.

Cole was charged with felony DWI, first-degree aggravated unlicensed operation of a motor vehicle, resisting arrest and following too closely.

It was the fourth DWI arrest since April 2007 for Cole, a fourth-grade teacher at Roy B. Kelley who was pulled from the classroom in January.

Cole reportedly refused a breath test and was arraigned Monday night in Royalton Town Court.

The sheriff’s department received a call about 5:30 p.m. from a man in Gasport who said he saw Cole get into her 2004 maroon Chevrolet Trailblazer and drive away south on Main Street.

“This gentleman that called knew Marcy Cole and knew that she’d had prior DWI arrests and was revoked for DWI,” Chief Deputy James Voutour said.

The sheriff’s department dispatched cars to the area. Deputy Mike Dunn spotted Cole’s vehicle headed east on Route 31.

Dunn passed Cole and saw she was following closely to the car in front of her. He turned around and executed a traffic stop near Bolton Road.

Cole pulled over and turned the vehicle off. Voutour said during the interview, Cole gave Dunn a false name.

“He asked for the spelling of the name and it was to him given different ways each time,” Voutour said. “He knew ... Mrs. Cole was not who she said she was.”

Dunn, who was assisted by an officer from the Middleport Police Department, reportedly smelled alcohol on Cole’s breath and asked her to get out and perform field sobriety tests. She allegedly turned the keys, turning the vehicle on.

Dunn reached in the window and was able to remove the keys from the ignition, and a struggle ensued, according to reports.

The incident was captured on the patrol car’s dashboard camera, which Voutour watched shortly after Cole’s arrest.

“Both officers struggled with her, while the door was opened. She attempted to lock the doors,” Voutour said. “They eventually got her out of the vehicle down into the road, again with passing traffic, and they were able to handcuff her on the roadway.”

Voutour said the struggle lasted about 30 seconds, during which time traffic was going by at normal speed.

“I watched numerous cars drive by during the short struggle,” he said. “It was really dangerous for the officers.”

Cole’s license was revoked in the fall. She 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 DWI, speeding and aggravated unlicensed operation of a motor vehicle after a traffic stop on Gasport Road in Royalton.

That case is pending in Royalton Town Court.

Also pending is another DWI case in Lockport Town Court, stemming from a Jan. 10 arrest on Day Road.

Cole’s multiple arrests have been frustrating for area law enforcement officials, Voutour said.

“We will continue to arrest her. We will continue to put together the best case we can,” he said. “And after that, its really out of our hands, it’s up to the judicial system to make sure she stops driving.”

Assistant District Attorney Ted Brenner, who was at the sheriff’s department Monday evening, said he had no comment about the case.

The sheriff’s department has received several complaints in the past couple of weeks that Cole was seen driving.

Voutour said the man who called Monday night should be commended.

“Who knows what could have happened tonight?” he said. “We all know the tragedies of DWI accidents. ... This is four times. How many times did she not get caught?”

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

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