Published: September 12, 2008 07:03 pm      

COURTS: Bail revoked in DWI Case for former teacher

A former city elementary school teacher facing her fourth driving while intoxicated charge had her bail revoked Friday.

Marcy L. Cole, 35, of Main Street, Gasport, had been out on $10,000 bail since pleading not guilty in July to an 11-count indictment in Niagara County Court.

Assistant District Attorney Theodore Brenner filed a motion to have Cole’s bail revoked after she had another brush with the law last month.

Assistant District Attorney Susan Bjornholm said Cole tested positive twice for alcohol during an Aug. 27 visit from her probation officer.

The following day, Cole was involved in a domestic incident with her boyfriend. On Aug. 29, deputies were called to West Avenue in Gasport, where they found Cole sitting by the side of the road, crying and apparently intoxicated.

She told deputies she’d had a fight with her boyfriend, and they transported her home, the report said.

Cole’s attorney, Thomas Scirto, acknowledged Cole had a relapse, but said she has made strides to improve her life, obtaining a job and attending self-help meetings.

“This truly is an isolated incident,” Scirto said. “She’s done a number of positive things. She’s working towards finding a way to get back on track. It’s a difficult progress.”

Bjornholm argued that Cole was difficult for probation officers to deal with.

Cole was ordered to be on electronic home monitoring at her last court appearance, but she had asked her probation officer for alternatives so she could get out of a bad domestic situation, Bjornholm said.

In one incident, Cole traveled to Grand Island, after her probation officer told her not to go, Bjornholm said.

“The probation officer is unable to control her,” Bjornholm said. “They believe she’s a danger not only to herself, but to everyone else out there. ... This is a case that really begs for bail to be revoked.”

Sperrazza agreed, and Cole was taken into custody and led from the courtroom. Sperrazza requested Cole be linked with the Treatment Alternatives to Street Crimes program while at the Niagara County Jail.

“I’m going to keep her safe and sober,” Sperrazza said. “She’s out of control.”

Cole is facing an 11-count indictment with charges stemming from three DWI arrests since October 2007 in the towns of Lockport and Royalton. She has already pleaded guilty in Lockport Town Court to a DWI charge from an April 18, 2007, traffic stop.

Cole taught fourth grade at Roy B. Kelley Elementary School until January, when she was pulled from the classroom after parents and teachers reportedly complained about her conduct.

The school board accepted her resignation in June.

Cole’s trial is scheduled for Nov. 17, but Sperrazza said the date may be moved up to sometime in October.