COURTS: Bail is $20K for grand larceny suspect

Local News

October 31, 2009

By Britney Milazzo<br><a href="mailto:britney.milazzo@lockportjournal.com">E-mail Britney</a> The Lockport Union-Sun %26 Journal Sat Oct 31, 2009, 02:45 AM EDT

Bail was set at $20,000 cash and $40,000 property Friday for a Lockport man facing a string of charges including grand larceny.

Justin Mitchell Kane, 20, 178 Pine St., Apt. 1, pleaded not guilty at his arraignment in Niagara County Court before Judge Matthew J. Murphy III. Kane was represented by public defender Michelle Bergevin.

Kane, accused of breaking into a Cherry Street apartment last week, is charged with second-degree burglary, third-degree criminal trespassing and obstruction of government administration, fourth-degree grand larceny and criminal mischief, resisting arrest and possession of stolen property.

The prosecution had requested $35,000 bail. “Mr. Kane is believed to be a flight risk,” Assistant District Attorney Peter Wydysh told the court.

Wydysh said Kane had four prior misdemeanors and eight prior bench warrants, two from Lockport City Court, for failure to appear in court.

Kane was previously arraigned in Lockport City Court in lieu of $2,000 bail, Bergevin said. She said Wydysh’s bail request was too high, considering this was Kane’s first felony arrest.

Wydysh even suggested to Murphy that he would accept a joint arrangement from the two bail amounts from county and city court.

Det. Lt. John Yotter of the Lockport Police Department, the main investigator in the case, was present at court, assisting Wydysh with information.

Yotter said Kane has been held in custody since Oct. 20.

The victims reportedly told police they heard someone in their house about midnight, when they found the back door of their residence open and their Vizio 42-inch television missing.

According to a police report, upon searching Kane’s apartment, patrol found a TV in the basement that matched the description of the stolen TV. The police report said that when patrol went to question the suspect, Kane jumped through a closed screen and storm window at his residence, and officers chased him on foot until he was captured.

Kane was taken to Eastern Niagara Hospital-Lockport for treatment of a cut to his head after he jumped through the glass window. Wydysh said Kane was in the hospital for two or three days.

Murphy explained to Kane that even if he is absent in court in the future, a trial can still be held without his being there. Kane said he understood.

Kane is due back in court Nov. 20 for a hearing, and then again on Dec. 11 for a final motion.

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

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