Two parents charged in connection with the death of their 13-month-old daughter appeared Monday in Niagara County Court.
Nicholas Doxey and Sara E. Nigro, both 23, made brief appearances with their attorneys in front of Judge Matthew Murphy to discuss their cases.
Both are charged with criminally negligent homicide, a felony.
They were indicted in June after a 15-month investigation into the death of Sierra Doxey, their daughter.
Sierra was pronounced dead March 4, 2008. That afternoon, police were called to Nigro’s apartment on Garden Street for a report of a medical emergency involving a child.
Emergency crews arrived and found Sierra was not breathing.
She was transported by Lockport Fire Department ambulance to Eastern Niagara Hospital-Lockport, where she was pronounced dead at 2:24 p.m.
City police determined Sierra died of “acute opiate poisoning.” Detective Capt. Richard Podgers has said the levels of morphine found in Sierra’s system would have been lethal for an adult.
When the investigation began, attorney Earl Key, who represents Nicholas Doxey, said
the parents believed Sierra had died of pneumonia.
Key appeared with his client in court Monday and said he has filed a motion to dismiss the indictment.
“The case is proceeding,” Key said.
Nicholas Doxey is scheduled for a pre-trial conference Aug. 17.
Nigro’s attorney, Michael S. Deal, appeared with her to ask Murphy to approve his motion to withdraw as her counsel.
Deal said Nigro’s financial status has changed considerably since her arrest, and she can no longer afford to retain him.
At the time of her arraignment, her employers told her she would be terminated if she had not been exonerated by June 30, and she is currently unemployed, Deal said.
“This matter requires actions on her defense that I don’t believe she has the funds to pay,” he said, specifically mentioning experts and private investigators that would need to be hired on her behalf. “She has no funds to do that.”
Murphy granted Deal’s motion. Nigro is scheduled for a further appearance next week, by which time Murphy said she should either have retained another attorney or applied for a public defender.
“We have to move the criminal case along,” Murphy said.
Contact reporter April Amadon at 439-9222, ext. 6251.
Courts
CITY OF LOCKPORT: Parents appear in court in case of toddler's death
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Rohde sentenced, job uncertain
It’s unknown if a suspended Niagara County Sheriff’s deputy will return to work, following his sentencing Wednesday in Lockport City Court.
Kevin J. Rohde, 31, was granted a one year conditional discharge for endangering the welfare of a child. Rohde pleaded guilty to the charge in Feburary, a charge which stems from an incident that took place with a 15-year-old girl in March 1999. Rohde was given youthful offender status, as he was 18-years-old at the time.
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Mongielo sentenced to 15 days
David J. Mongielo faces a 15-day jail sentence for violating the town’s sign ordinance a second time, which was a violation of the first offense’s conditional discharge.
Mongielo received a pair of sentences Tuesday night in town court, the first for his 2011 violation of the ordinance. The Robinson Road auto shop owner will pay a $250 fine and receive a one-year conditional discharge. That means Mongielo will serve 15 days in jail if he violates the ordinance again over the next 12 months.
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Diefenbach sentenced to 10 years
Not only couldn’t Hans S. Diefenbach believe he was so delusional last spring that he thought Norma Confer was trying to kill him, Diefenbach said he would have married the woman he stabbed to death if circumstances were different.
Diefenbach made that statement Thursday, just minutes before Niagara County Judge Matthew J. Murphy sentenced him to 10 years in state prison, five years of post release supervision and a $5,000 fine. -
Bartz could get probation
A Town of Lockport burglar will attempt to avoid jail time by participating in Niagara County Court’s judicial diversion program for court supervised drug treatment.
Matthew E. Bartz, 30, of Bartz Road pleaded guilty to three counts of third-degree burglary at an appearance Wednesday in State Supreme Court before Justice Richard C. Kloch, Sr. However, Bartz was also approved for the diversion program Wednesday. All three counts are nonviolent class D felonies. -
Rohde given youthful offender status
A Niagara County Sheriff’s deputy has received youthful offender status in a rape case stemming from an incident that allegedly took place 13 years ago.
Kevin J. Rohde, 30, has taken a plea without admission and will be sentenced April 25 in Lockport City Court. He had been facing first-degree rape following an incident that took place March 1, 1999, at a Remick Parkway residence, when Rohde was 18 years old. -
Former NFTA cop sentenced
A former Niagara Frontier Transportation Authority police officer will spend six years on probation for sending a sexually explicit photo to a teenage girl, a girl he later had a sexual encounter with.
In addition, John W. Ingham will spend 25 weekends in the service of the Niagara County Sheriff’s Office Work Program. Ingham was sentenced Thursday by State Supreme Court Justice Richard C. Kloch, Sr. Ingham will also register as a sex offender. -
Rapist gets 15 years
A Middleport man will serve 15 years behind bars for raping a Lockport woman at knifepoint in March.
Harold G. Case, 50, 3470 Carmen Road, was sentenced Thursday in Niagara County Court for first-degree attempted rape, a class C violent felony. Upon completion of the sentence, Case will have 15 years of post release supervision. -
Plea reached in stabbing case
Hans S. Diefenbach could be looking at 10 years in state prison, after pleading guilty to first-degree manslaughter Thursday in Niagara County Court.
Diefenbach 47, 70 Genesee St., admitted to stabbing 66-year-old Norma Confer several times with a pair of knives on April 21, leaving one of them in her back. She died in May after being in a coma for
five weeks. Diefenbach was originally charged with first-degree murder. -
Court actions published Sept. 7, 2011
Schumacher DWI case adjourned to October
A Gasport woman accused of hitting two teens on Dysinger Road on May 26 will return in the beginning of October to Lockport Town Court, after having her case adjourned Tuesday night.
Amy J. Schumacher, 36, 8472 Chestnut Ridge Road, has been charged with Class E felony aggravated vehicular assault and driving while intoxicated.
On May 26, Schumacher was driving on Dysinger Road when she swerved off the road and struck two boys who were walking on the shoulder, according to the report from the Niagara County Sheriff’s Office. According to sheriff’s deputies, Schumacher registered a 0.12 percent blood alcohol content. - More Courts Headlines





