Niagara Gazette

Local News

January 22, 2014

Mongielo granted stay of 10-day jail term

Niagara Gazette — A Town of Lockport man's 10-day jail sentence related to a violation of the town's electronic sign ordinance was put on hold Wednesday afternoon.

Niagara County Judge Matthew J. Murphy III granted David J. Mongielo a stay Wednesday afternoon, putting off the sentence that the Town of Lockport auto shop owner received Tuesday night. The stay is in effect until Murphy rules on Mongielo's appeal of the sentence.

Frank Housh, Mongielo's attorney, filed the appeal Wednesday in Niagara County Court. Had Murphy not granted the stay, Mongielo would have reported to Niagara County Jail at 4 p.m., Housh said.

"My client is ready to follow the court's orders," he said.

Mongielo was sentenced Tuesday night in Lockport Town Court by Justice Leonard G. Tilney Jr., who also threw out a second ordinance violation. Mongielo was given jail time for breaking a term of the conditional discharge he'd received in 2010 when he was sentenced for his first violation of the Town of Lockport’s electronic sign ordinance.

The ordinance bans electronic signs that change message or format more than once every 10 minutes.

While under the one-year conditional discharge, Mongielo was charged with violating the sign ordinance a second time in August 2011. The electronic sign in front of Mongielo’s business on Robinson Road reportedly was used to show a video advertising a fundraiser.

Mongielo was convicted of that second ordinance violation in a December 2011 nonjury trial, but in September 2012, Murphy overturned that conviction, saying Mongielo was entitled to a jury trial. A trial date had not been set for the second violation when Tilney dismissed it Tuesday.

The appeal of the discharge sentence is based on three issues, Housh said. The first is Tilney sentencing Mongielo for the conditional discharge violation and throwing out the second ordinance violation. Throwing out the violation is against Murphy's earlier ruling — and Mongielo's wishes.

Text Only | Photo Reprints
Local News
Featured Ads
Seasonal Content
House Ads
AP Video
EPA Gets Hip With Kardashian Tweet Bodies of MH17 Victims Arrive in the Netherlands Biden Decries Voting Restrictions in NAACP Talk Broncos Owner Steps Down Due to Alzheimer's US, UN Push Shuttle Diplomacy in Mideast Trump: DC Hotel Will Be Among World's Best Plane Crashes in Taiwan, Dozens Feared Dead Republicans Hold a Hearing on IRS Lost Emails Raw: Mourners Gather As MH17 Bodies Transported Robot Parking Valet Creates Stress-free Travel Raw: MH17 Bodies Arrive in Netherlands Raw: Fight Breaks Out in Ukraine Parliament Disabled Veterans Memorial Nearing Completion Last Mass Lynching in U.S. Remains Unsolved Home-sharing Programs Help Seniors Ex-NYC Mayor: US Should Allow Flights to Israel Clinton: "AIDS-Free Generation Within Our Reach" Judge Ponders Overturning Colo. Gay Marriage Ban Airlines Halt Travel to Israel Amid Violence Police Probing Brooklyn Bridge Flag Switch
Opinion
House Ads
Night & Day
Twitter News
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Front page
Poll

Do you think cigarette sales to non-Native American customers should be taxed on reservations?

Yes. Items should be taxed like they are everywhere else.
No, the indian reservations are sovereign land and they are selling them on their land.
Not up to me. Native Americans decide the rules on their land.
Don't care. Smoking isn't good for you.
     View Results