Thursday, January 26, 2017

Rochester NY security officer-city judge face off in court privateofficer.com

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Rochester NY Jan 26 2017
A private security officer found came face to face with an intoxicated woman who he knew was a city judge while he was on duty at a restaurant and now finds himself in a court battle.
That security officer, Alan Pimm, detailed in a court deposition what he says happened at Papaya's Restaurant in Marketplace Mall November 19th.
Pimm Was on duty at around midnight when he said that Judge Leticia Astacio locked herself in the employee bathroom along with a group of women and refused to leave.
 Pimm said he "directed all the females to exit" and after repeating himself twice, he pulled his pepper spray.
That’s when a woman said, "You can't spray me, I'm a judge."
Pimm said he recognized the judge for "being continually in the media after her arrest for DWI."
Astacio was convicted of DWI in August. As a condition of her sentence, she agreed to stay away from alcohol but according to authorities say she has violated.
Astacio also admitted to violating that condiiton twice already.
The security officer’s sworn statement reads that he observed Judge Astacio to sway side to side and use her friends around her to maintain balance. He also stated that her speech was slurred and that she appeared to be intoxicated.
 Pimm said in the court paperwork that he has worked as a security guard for 10 years and part of his responsibility at drinking establishments is to determine whether people are intoxicated.
If true, this would be a third violation of the conditions of her sentence.
But Astacio’s defense attorney Ed Fiandiach said that the question here is whether or not his client was intoxicated and in violation of her previously court ordered conditions to stay away from alcohol.
"The pattern of behavior is certainly troubling," said Ontario County Zach Maurer who prosecuted this case.
Astacio already admitted to trying to drive twice even though the interlock device in her car detected alcohol.
Yet even if she admits this third violation, it is not likely to result in jail time. At the last court appearance, Judge Stephen Aronson said any further violation would lead to probation.
"Even probation would be a stiff sentence for someone who is on their first DWI," said Maurer. "She certainly isn't being treated any more leniently than anyone else would be."
Judge Astacio returns to court February 3.

In the meantime, she continues to collect her $174,000 annual salary.

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