KINGSTON >> A breakdown in communication on Friday resulted in a postponement of the resentencing of Rondy “Ski” Russ for his role in the 2010 gangland killing of Charles “C.J.” King.
Russ, who recently tried unsuccessfully to withdraw his guilty plea to conspiracy, was scheduled to be resentenced in Ulster County Court to six to 12 years in state prison Friday morning. But because the county Probation Department did not receive a new presentence investigation report, the court could not legally sentence him, according to county Chief Assistant District Attorney John Tobin.
“The court was required to order a new presentence investigation because his previous sentencing took place a year ago … beyond the statutory limit,” Tobin said. “The court did that, but somehow that instruction was not received by the Probation Department. Now the court has given them the opportunity to do that.”
The sentencing was rescheduled for Jan. 31.
Russ pleaded guilty to conspiracy in March 2012 for his role in the Feb. 9, 2010, shooting death of King in Midtown Kingston. Authorities have said King, a member of the Sex Money Murder street gang, was killed because he agreed to be a prosecution witness against fellow gang member Jarrod “Phat Boy” Rankin in a previous shooting case.
Prior to King’s death, Russ threatened King’s father with a box cutter in an attempt to get him to disclose King’s whereabouts, authorities have said.
Russ later tried to withdraw his plea, arguing that his lawyer misrepresented to him the facts of his sentence and that he was unaware he was waiving his right to appeal, but the County Judge Donald A. Williams ruled in October that the plea would stand.
In a court proceeding Friday morning – which was interrupted for half an hour after a fire alarm went off – Williams said Russ had done the same thing in a “voluminous, handwritten pro se document” he mailed to the court, claiming he was misrepresented and seeking to relitigate whether his plea should be vacated.
“I believe it could be best characterized as a motion to renew,” Williams said to Russ. “It cannot be treated as a motion since you have not filed any affidavit … verifying any of the factual allegations. I cannot take the position to read this.”
Neither Tobin nor Russ’s attorney, Thomas Melanston, claimed to have seen the handwritten document beforehand.
“The court doesn’t serve parties. Parties serve the court,” Williams said after establishing the fact that neither attorney had viewed the documents. “To serve is to deliver. By giving it to the court, the court doesn’t take it upon itself to deliver it to the DA or your attorney,” Williams told Russ.
“This matter has to be resolved, and now, sir, you have a legally insufficient application,” the judge said. “I am not permitted legally to act as your legal adviser.”
Later in the day, Melanston said he does not want to do something “knee-jerk,” like asking the court to relieve him from representing Russ, before first reading the paperwork.
“I have to sit down with Mr. Russ and go over it with him,” the defense lawyer said. “I received the paperwork for the first time in court … and it’s farily lengthy.”
Gary “G-Money” Griffin and Trevor “Little T” Mattis were convicted of first-degree murder in the King’s killing and are serving life in prison with no chance for parole.
