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Croghan man accused of raping girl sentenced to prison

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LOWVILLE — A Croghan man convicted of raping an underage girl was sentenced in Lewis County Court on Friday to eight years in state prison.

Kurt J. Hazzard, 41, of 6835 Mechanic St., was additionally sentenced to 10 years of post-release parole supervision, registry as a sex offender and $1,425 in court fees on charges of first- and third-degree rape, first- and third-degree criminal sex act and endangering the welfare of a child; he was convicted by jury of those charges May 31.

Judge Daniel R. King also issued an order of protection on the victim’s behalf that is to run eight years from the maximum release date.

Hazzard was accused of having sexual intercourse with a girl under the age of 17 on multiple occasions in 2011.

Prior to sentencing, Assistant District Attorney Caleb J. Petzoldt read statements from two alleged victims and asked the judge to “send a message” by levying a maximum possible jail term of 20 to 25 years, noting Hazzard had previously been convicted of sexual misconduct.

“He is not a first-time offender,” Mr. Petzoldt said. “He deserves no leniency.”

Defense attorney Paul G. Carey countered by arguing that Hazzard, a volunteer firefighter, is dedicated to the community and has consistently maintained that the charges were fabricated. He also suggested that the case against his client was not overly strong, given that the jury threw out many charges, including those involving a second alleged victim.

Hazzard also spoke briefly in his defense, as did three others, including his two children.

Mr. Carey has filed a notice indicating he plans to appeal Hazzard’s conviction.

Also in Lewis County Court on Friday:

Lyle F. Davoy Sr., 56, of 9520 Stillwater Road, town of Watson, had his case of second-degree murder, third-degree criminal possession of a weapon and first-degree criminal use of a firearm adjourned to Friday, with a possible trial date set for Nov. 18. Davoy was accused of shooting his son, Lyle F. Davoy Jr., 29, in the upper torso with a 20-gauge shotgun on the night of May 13 outside a Stillwater Road residence, causing the young Mr. Davoy’s death.

In response to a request from defense attorney Gary W. Miles for a copy of the autopsy report in the case, District Attorney Leanne K. Moser said that document has not yet been completed. Judge King asked Ms. Moser to see if it could be ready in time for an attorney conference Wednesday.

Crystal C. Martin, 35, of 5392 Bostwick St., Lowville, was sentenced to five years’ probation, a $2,000 fine, a one-year driver’s license revocation, $570 in court fees and participation in ignition interlock and victim impact panel programs on a charge of felony driving while intoxicated, to which she pleaded guilty June 7. She was stopped Jan. 29 on Bostwick Street in Lowville.

Brian C. Groff, 16, of 31 S. Main St., Adams, was arraigned on a charge of third-degree grand larceny and pleaded guilty to the charge. He was then placed on interim conditions of probation, with sentencing adjourned for one year. He was accused of helping to steal $40,000 from Wanda Bush-Muncy during the month of May in the town of Denmark.

Benjamin M. Flansburg, 30, of 1999 Kotary Road, Constableville, was arraigned on a charge of felony aggravated DWI under Leandra’s Law and pleaded guilty to the charge. Sentencing was set for Oct. 4. He was stopped May 10 on Route 26 in the town of Turin with a child in the vehicle.

Justin C. O’Brien, 30, Rome, was arraigned on three counts of seventh-degree criminal possession of a controlled substance, two counts apiece of fifth-degree criminal sale and possession of a controlled substance and one count of unlawful possession of marijuana and pleaded innocent. His case was adjourned to Sept. 13. Mr. O’Brien was accused of selling Xanax on Aug. 11 and possessing LSD, cocaine and marijuana Aug. 12 at the moe.down music festival in Turin.

Jerrilee Hartle, 32, of 5380 Water St., Lowville, was resentenced to 113to four years in state prison — correcting a two-to-four-year sentence given in June — on charges of driving while ability impaired by a combination of drugs and alcohol and second-degree aggravated unlicensed operation of a motor vehicle. Mr. Hartle was accused of being under the influence of alcohol and diazepam May 10, 2012, in a parking lot on South State Street and nearly backing into a patrol vehicle.

Jody L. Wetmore, 38, Glenfield, had her case of two counts apiece of third-degree criminal sale and possession of a controlled substance adjourned to Sept. 13. She was accused of selling morphine in October and November in Lowville.

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