COURTS: Guilty plea entered in vehicular assault

Local News

October 28, 2009

By Britney Milazzo<br><a href="mailto:britney.milazzo@lockportjournal.com">E-mail Britney</a> The Lockport Union-Sun %26 Journal Wed Oct 28, 2009, 01:06 AM EDT

A Lockport man pleaded guilty to first-degree vehicular assault in Judge Matthew Murphy III’s Niagara County courtroom Tuesday.

Murphy said Gary K. Miles could get up to seven years in state prison, but “if Miles does not cooperate, then his time could increase to 14 years.”

Miles, 29, of 657 Gardenwood Drive, was in violation of parole after driving while intoxicated Aug. 29, said police. The defendant had already been convicted on two other DWI arrests in October and November 2008 in Clarence and North Tonawanda.

Assistant District Attorney Theodore A. Brenner said Miles got into his mother’s vehicle back in August with a 0.21 blood alcohol content and caused a head-on collision on South Transit Road with a vehicle driven by Charlene Cescon, who suffered serious injuries.

“He drove on the wrong side of the road and failed to use his headlights,” Brenner said. “The victim broke her ankle, six ribs and sustained a large gash in her head that need 600 stitches.”

So far, Cescon has had two surgeries, and Brenner said doctors said she may never walk ever again.

Niagara County Sheriff’s Deputy Roger Schraeder was at the scene of the accident and rescued Cescon from her flaming vehicle, Brenner said. “She could have been dead if it wasn’t for Schraeder,” Brenner said.

Public defender Michael Benedict was denied a change in bail request by Murphy after attempting to convince the judge that his client did not deserve his original bail.

Bail was set at $25,000 Sept. 10 for an arrest that violated his Erie County probation sentence for “attempted possession of a forged instrument,” Brenner said.

Some of the victim’s family members were present in court on behalf of Cescon.

Sentencing is scheduled for Jan. 19 in Niagara County Court.

Contact reporter Britney Milazzo at 439-9222, ext. 6251.

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