Subway robber set for three-year prison term

JOHNSTOWN – A Mayfield man who robbed the Subway shop in Vail Mills with a gun just after Christmas is due to receive up to three years in state prison.

Weston M. Thorn, 32, of 138 Route 29A, Gloversville, pleaded guilty Wednesday in Fulton County Court before Acting Judge Felix Catena to one count of third-degree robbery, as part of a plea arrangement.

Sentencing was adjourned until June 17, but he is expected to receive one to three years in state prison.

Thorn was arrested by state police on Dec. 29, charged with first-degree robbery and second-degree menacing.

Troopers said that at about 8:30 p.m. Dec. 27, a white man entered the Subway shop in Vail Mills in the town of Mayfield and demanded money. Thorn allegedly displayed a handgun during the robbery. The suspect then left on foot with about $230 in cash. Local media reports at the time stated that a vehicle with other occupants may have been waiting for the suspect.

State police said video and forensic evidence gathered at the scene, along with several tips received from a previous press release, all resulted in Thorn being developed as a suspect. Thorn was two days later taken into custody without incident near his residence, troopers said.

In other County Court action this week:

David J. LaFountain, 48, of 83 Fremont St., Gloversville, was sentenced Tuesday by Judge Polly A. Hoye, as a second felony offender to seven years in state prison. He was sentenced as part of a plea arrangement. He also received five years of post-release supervision.

Sentencing was based on the defendant’s Feb. 24 guilty plea to one count of second-degree burglary, a violent felony.

LaFountain was arrested Oct. 6 by the Fulton County Sheriff’s Department in the town of Johnstown.

Deputies said he stole jewelry from a home on West Fulton Street Extension. Deputies said the homeowner saw him leaving through the front door. The homeowner began chasing him down the road, but LaFountain was apprehended by a deputy who was responding to the scene, the sheriff’s office said.

He was initially was charged with felony burglary and misdemeanor petit larceny.

Desiree M. Marcellino, 37, of of 101 W. Grand St., Palatine Bridge, was sentenced Wednesday by Hoye to four months of weekends in the county, as part of a plea arrangement. She also received three years probation and had her driver’s license revoked.

The sentence was based on Marcellino’s Nov. 5 guilty plea to one count of misdemeanor driving while intoxicated.

She was arrested Aug. 26, 2014 by Fulton County sheriff’s deputies, charged with driving while intoxicated and resisting arrest. Deputies at the time said Marcellino was driving at 3:14 p.m. on County Highway 107 in the town of Johnstown. Deputies said she drove in an intoxicated condition and then resisted arrest.

Patrick Flaherty, 48, of 219 Division St., Amsterdam, pleaded guilty Tuesday before Hoye to one count of aggravated driving while intoxicated, as part of a plea arrangement.

Sentencing was adjourned until a later date, but he is expected to receive a one-year driver’s license suspension, three-year conditional discharge, $1,500 fine and installation of an interlock device on his vehicles.

Flaherty was arrested Oct. 19, 2013, by state police.

Michael Anich covers Johnstown and Fulton County news. He can be reached at [email protected].

By -