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August 1, 2018 - 5:17pm

Grand Jury: Man accused of assaulting senior; plus pair of DWIs

posted by Billie Owens in news, Stafford, Darien, Pavilion, notify, Grand Jury, crime.

David M. Howard is indicted for the crime of assault in the second degree, a Class D violent felony. It is alleged that on May 19 in the Town of Pavilion that Howard, with intent to cause physical injury to a person age 65 or older, caused such injury and the defendant is more than 10 years younger than the victim. In count two, Howard is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person May 19 in Pavilion.

Larry A. Hubler is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 20 in the Town of Stafford that Hubler drove a 2006 Chevrolet on East Main Street Road (Route 5) while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Hubler is accused of having been convicted of DWI, as a Class E felony, on Nov. 21, 2007, in Genesee County Court, and the conviction was within 10 years of the crimes alleged in the current indictment.

Brett N. Magoffin is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 15 in the Town of Darien that Magoffin drove a 2003 Chevrolet on Simonds Road while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .18 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Magoffin is accused of having been convicted of DWI, as a misdemeanor, on March 31, 2015, in City of Batavia Court, and the conviction was within 10 years of the crimes alleged in the current indictment.

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When is enough, enough? November 11, 2014. PEMBROKE — A Pembroke man was charged with driving while intoxicated following a traffic stop at 5:27 p.m. Sunday on Read Road in Pembroke, Genesee County sheriff’s deputies said. Brett N. Magoffin, 39, of Genesee Street, Pembroke was also charged with aggravated DWI (blood alcohol content of .18 percent or higher) and failure to keep right. Magoffin was issued a traffic summons and scheduled to appear Dec. 23 in Town of Pembroke Court.

MAY 11, 2017 PEMBROKE — An investigation into a domestic dispute Friday has led to charges against a Genesee Street man, Genesee County sheriff’s deputies said. Brett N. Magoffin, 41, was charged with third-degree assault and is to appear at a later date in Town Court.

MARCH 19, 2018 DARIEN — A Corfu man faces felony DWI charges after an investigation into a physical altercation in the street on Simonds Road in Darien, Genesee County sheriff’s deputies said. Brett N. Magoffin, 42, of Genesee Street, was charged Thursday with aggravated DWI with a blood alcohol content of 0.18 percent or more and with a prior conviction within the last ten years; DWI, moving from a lane unsafely. Magoffin is to appear April 17 in Town Court.

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