Why Were Sheriff York’s Guns Stolen?

September 2011: A Sheriff's Guns Stolen

The man accused of breaking into Livingston County Sheriff John York’s police vehicle and stealing two handguns and a police taser has a lengthy criminal history.  Eric Allen Magin, 42, was arrested days after the September 9th break-in outside of Macy’s in the Marketplace Mall parking lot. 

On that day Sheriff York told 13WHAM News that he was inside with his daughter and granddaughters shopping for back-to-school clothes and supplies.  A GPS unit, camera, prescription sunglasses, and other valuables were taken along with the Sheriff’s two department-issued handguns (.45 caliber) and a police taser.

The handguns were loaded and despite Magin’s arrest all those items remain missing.  (Kelly Hansen, 43, of Rochester is also charged in this case and for another car break-in at Pittsford Plaza last month.)

April 2011 & Magin’s Criminal History

13WHAM News has learned that Magin’s criminal history dates back two decades and includes three separate state prison sentences, six parole violations since 2003, and ten arrests since his release from prison and parole on August 2, 2010.

Most notable among these arrests was an April 3, 2011 incident where Rochester Police Officers arrested Magin for Grand Larceny 3rd Degree (stealing a car) and Resisting Arrest.  On April 14, 2011 an additional charge of Assault 2nd Degree was filed after police paperwork indicates that the arresting officer “broke a bone in his right wrist.”

After hearing evidence in the case a Monroe County Grand Jury indicted Magin for Assault 2nd Degree on May 3, 2011.  He was arraigned days later but on May 19, 2011 Judge Vincent Dinolfo dismissed the case against Magin after finding that the Monroe County District Attorney’s Office failed to let Magin testify before the grand jury.  Magin had the right to testify and the judge found that Magin and his lawyer had notified the DA’s Office of their desire to testify at that proceeding.

The case was dismissed “without prejudice” meaning the DA’s Office had every right to re-present evidence to a grand jury immediately.  That did not happen.

Locust Club Police Union Responds

“This was an officer who had a cast for two months then had to go six additional weeks to rehab," Rochester Police Locust Club union President Mike Mazzeo said of the officer involved in the April run-in with Magin.

"It also states that it's without prejudice and it would appear that he's saying it could just be re-submitted into grand jury for the appropriate action to take place,” Mazzeo said of the court documents and paperwork 13WHAM News obtained in the course of this investigation.  “This probably would've resulted in this individual (Magin) not being arrested for taking guns from Sheriff York, it's pretty obvious."

Mazzeo reached out to the officer involved in the April incident.  According to Mazzeo that officer was not aware that the case against Magin was dismissed and he claims the DA’s Office never contacted him about the outcome of the case.  Given Magin’s criminal history Mazzeo is among those who believe a pending indictment charging assault against a police officer would have likely convinced a judge to keep Magin behind bars while the matter was prosecuted.

"Of course we can always look back and say - could've been done differently, well this is pretty clear it could've been done differently,” Mazzeo said.  “What you're showing me, I find this completely unacceptable and of great concern."

Equally concerning to Mazzeo is the whereabouts of Livingston County Sheriff John York’s firearms.

"Where are these guns?” Mazzeo asked.  “Are they going to be used in an attack on a police officer or any citizen?  It is just too dangerous with guns on the street as it is.”

D.A. Mike Green Responds

In a phone conversation late Monday afternoon Monroe County District Attorney Mike Green stood by the work of his office and called any speculation to the contrary unfair. 

“They went above and beyond even the efforts made by the police department,” Green said of his Assistant District Attorney’s who were assigned to this April case.  Green said it was his ADA that pursued the injured officer days after Magin’s April 3rd arrest, investigated the extent of his injuries, and filed the original Assault 2nd Degree charge.

Green said that a pending indictment against Magin stemming from his arrest for breaking into a car at the Greece Ridge Mall parking lot in October 2010 was one of a few reasons evidence in the April assault case wasn’t “rushed back into grand jury.”  According to Green, another reason for this decision was that his office learned on May 10, 2011 (after Magin was indicted) that the officer’s “injury did not appear to be as substantial as we were previously led to believe.”

D.A. Green also pointed to numerous occasions where judges released Magin with little or no bail.  Including one instance in July 2011 where Magin’s lawyer sent a memo explaining how his client was “accidentally released” from custody without posting bail.  Green said Magin returned to court days later and bail was reduced from $500 to nothing.

(13WHAM News obtained this July 2011 information late Monday and has yet to further verify details regarding these circumstances.)

Case Now Going To Grand Jury?

Early Monday morning Eric Magin’s lawyer, Jon Griffin of the Monroe County Public Defender’s Office, told 13WHAM News that he could not comment on the April assault case because he had been informed late last week that the DA’s Office was going to re-present the matter to the grand jury.

Griffin was informed of this only after 13WHAM News made numerous inquires to the DA’s Office regarding the status of this April assault case.  Last week 13WHAM News was told at one point that the case had been “sealed” and nobody could discuss it.

After more detailed inquires with the Monroe County Clerk’s Office it was discovered that no judge had sealed any of the documents 13WHAM News obtained in the course of this investigation.