Bender: Felonies against Regan stand
Richard Regan III, the former Yates County Corrections and Geneva City Police officer charged with numerous felonies relating to the criminal possession and sale of weapons, and misdemeanors ranging from menacing to stolen property, will still face all the felony charges filed against him.
Regan’s attorney, Travis Barry of Hammondsport, had argued for the suppression of all evidence and statements made by his client and a dismissal of all charges.
In a written ruling last week, Judge Dennis Bender denied the dismissal and the motions to suppress all the weapons evidence, as well as statements made to investigators. The suppression of four police badges was granted, as was the suppression of statements made to police on the day a search was conducted of Regan’s home.
Barry had previously sought the dismissal of three counts relating to the illegal possession and sale of a Rock River AR-15 assault weapon, arguing that it did not meet the definition of an assault weapon.
Judge Bender recently denied that motion, too.
Yates County District Attorney Jason Cook says he is satisfied with the judge’s decision. “From the beginning, this case has been about illegal guns. All the felony charges remain. The decision keeps that intact. The statement suppression will have a minimal impact on the overall trial.”
Barry did not return calls for a statement.
Regan was indicted last December on 13 felonies and a total of 35 different criminal counts, including charges of criminal possession of a weapon second degree, criminal possession of a weapon third degree, criminal use of a weapon second degree, criminal sale of a firearm third degree, unlawful possession of marijuana, illegal transportation of firearms, menacing second degree, criminal possession of stolen property, criminal possession of a weapon fourth degree and criminal contempt second degree. In August, eight misdemeanor charges and one felony were judged to have insufficient evidence to go forward to trial. All charges are the result of an incident at his home in the Town of Milo in June 2010.
According to Lt. Clay Rugar of the Yates County Jail, because Regan is a former Yates County Corrections officer, he is currently serving a six month sentence for a DWI conviction in Benton incarcerated in the Wayne County Jail.
In a related matter, Regan’s father, Richard A. Regan, 67, of 10558 East Lake Road, Hammondsport, a former New York City Police officer, has been charged by Yates County Sheriff’s Investigators with fourth-degree witness tampering.
According to Sr. Inv. Michael Christensen, Regan was present at Benton Town Court while the DWI trial of his son was in session. During the jury selection process, while the elder Regan was waiting for the trial to commence, he allegedly discussed his son’s case with a prosecution witness, and asked that witness “to alter and change his testimony from the truth.” The incident was reported to the District Attorney and the Sheriff’s Office. On Nov. 22, Judge Falvey transferred the tampering case from Benton Town Court to Penn Yan Village Court with Justice Hibbard after Justice Grace recused himself.