GENESEO – Despite a prolonged and impassioned legal argument for immediately dismissing his felony charges, a Justice in Town of Geneseo Court arraigned and remanded the Rochester drug possession suspect who allegedly overdosed and walked out of the doors of the hospital on Thursday.
Franklin Gay, 41, now stands charged with felony Tampering with Physical Evidence and misdemeanor Unlawful Possession of Marijuana after allegedly swallowing what Deputies believe was a narcotic drug during a traffic stop on 390 in Geneseo. He began to overdose and was rushed to the U of R Medical Center, then allegedly walked out of the hospital and was arrested in Rochester by U.S. Marshals.
“The bottom line is that I am going to challenge the court’s jurisdiction and it must be established,” said Gay. “There is no other party in room represent [the Livingston County District Attorney’s Office], I am going to ask that this entire matter be dismissed for lack of jurisdiction. I hate talking like this because it makes me seem like I’m trying to get out of something, but it’s because I really took my time time to study and really took my time to learn about the law. I read it, I interpret it, I feel that I’m a fair person, and I feel that it’s time for me to apply it in a court of law where my future and my rights are concerned.”
Geneseo Village Justice Thomas Bushnell, who arraigned Gay instead of a Town Justice, said over continued arguments that he would deny the motion to dismiss the matter.
“The issues that you have raised are not issues to be decided in an arraignment, they are issues to be decided going into trial,” said Justice Bushnell. “These issues will be addressed, it’s just that this is not the time. […] You were stopped in the town of Geneseo by an officer of the law who works for this county. This is Town of Geneseo court. What could be clearer jurisdiction than that? […] Franklin, I’m ruling against you. Your motion has been taken uder consideration and it is denied. […] I appreciate that you’re using every tool to protect your rights. I have no problem with that. And you should continue to do that throughout the whole case.”
This is not the first time that Gay has been accused of fleeing from the Livingston County Sheriff’s Office. He was arrested in May 2014 after driving off during a traffic stop in Avon, reaching speeds of over 100 mph, and ditching his car in Livonia to flee on foot.
Gay may have fled on Thursday because he has prior felony convictions which could make a potential sentence on these charges more serious if convicted. According to the New York State Department of Corrections and Community Supervision, he spent more than three years at Five Points Correctional Facility for felony Attempted Criminal Possession of a Weapon in the Third Degree.
Gay requested to represent himself instead of allowing the court to appoint him a Public Defender. Gay said that he has irreconcilable conflicts with the Livingston County Public Defender’s Office due to a past disagreement over legal procedure with Assistant Public Defender John D’Arpino.
Justice Bushnell remanded Gay to the Livingston County Jail with no bail due to prior felony convictions. Gay will appear in Geneseo Town Court at a later date for further proceedings.
He is expected to be charged with felony Escape by the Rochester Police Department.