Janelle Nixon, 24, of Middle-town appeared in Herkimer County Court on Wed-nes-day, where she pleaded guilty to two Class A misdemeanors relating to her role in a boating collision last July, that resulted in injuries and damage to the boat of James “Doc” and Judy Foley of Old Forge.
Following the accident, Nixon was charged with two counts of second degree vehicular assault and operating a vessel while intoxicated, both felonies.
The Foleys were involved in negotiations for disposition of the case by the District Attorney’s office. This resulted in Nixon pleading guilty to a lesser charge of third degree assault, according to D.A. Jeff Carpenter.
She waived her right to a grand jury and was represented by attorney Christopher Pelli.
Judge John Crandall presided over Wednesday’s arraignment. He accepted the guilty pleas and agreed to a framework for punishment, which will be announced at a May 6 sentencing hearing, according to Carpenter.
“The defendant is going to be placed on probation for five years. There’s going to be 120 hours of community service,” he said.
Nixon will be required to pay $8,700 in restitution to the Foleys to cover out-of-pocket costs resulting from the accident.
This includes damage costs and unpaid medical expenses, Carpenter said.
Nixon will also be subject to a domicile restriction, which commenced immediately following her arraignment when she was fitted with an electronic monitoring bracelet.
“She will be confined to her home, other than for work, et cetera, for the next 90 days,” Carpenter said.
Due to the nature of her offense, the bracelet will also monitor alcohol consumption, the use of which will constitute a violation of Nixon’s plea agreement and subject her to potentially stiffer sentencing.
This SCRAM bracelet (Secure Continuous Remote Alcohol Monitor) is worn on the ankle and measures a person’s blood alcohol level through perspiration on the skin.
The measurement of transdermal alcohol content is converted into a blood alcohol level.
The bracelet takes readings every 30 minutes and communicates the information wirelessly to a home-placed modem.
Tampering with the bracelet will activate an alert signal.
The collision between the boats of Nixon and the Foleys took place on First Lake of the Fulton Chain on Saturday, July 27.
Both Doc and Judy were seriously injured and transported to St. Elizabeth’s Medical Center for treatment.
Unless Nixon gets herself into trouble between now and her sentencing date, she will not be serving any jail time, according to D.A. Carpenter.
Carpenter said both his office and the Foleys are satisfied with the plea arrangement and sentencing requirements.
“I think in this particular case, given the people who were involved—and it was obviously a tragic collision—I think it’s a disposition that’s just, and it fits what occurred on that date,” Carpenter said.
“It sends a message that this type of behavior is not going to be tolerated.”