Sheak pleads guilty to DWI felonies

Scott Sheak

BERNE — Scott Sheak, 41, of Berne, pleaded guilty to all charges on Wednesday in Albany County’s first conviction under Vince’s Law.

Appearing before Albany County Court Judge Peter A. Lynch, Sheak pleaded guilty to one count each of aggravated driving while intoxicated, driving while intoxicated per se, driving while intoxicated, and first-degree aggravated unlicensed operation of a vehicle — all felonies.

He also pleased guilty to a misdemeanor, circumvention of an ignition interlock device.

When he is sentenced on March 2, Sheak faces up to two-and-a-third to seven years in state prison. He was previously convicted on separate DWI charges in 2006, 2008, and 2012, according to a release from the Albany County District Attorney’s Office.

Vince’s Law extended the period of time in which multiple drunk-driving convictions can occur in order to be considered a felony.  Under Vince’s Law, a person convicted of three or more DWIs within 15 preceding years is charged with a Class D felony, punishable by up to seven years in prison and/or up to a $10,000 fine. 

According to a statement by the New York State Senate after it passed the bill in June 2014, Vince’s Law is named for Vincent Russo, an 82-year-old Onondaga County man, who was killed in 2011 by a drunk driver while Russo was on his way to Sunday morning Mass. The intoxicated driver, Michael Iannettoni, had five prior DWI-related convictions, including four in the previous 17 years before the crash that killed Russo.

The governor signed the bill into law in August 2014 and it took effect in November of that year. The first conviction under Vince’s Law was this past August.

Sheak’s case was prosecuted by Vehicular Crimes Unit Bureau Chief Mary Tanner-Richter.

On Aug. 13, 2015, at about 8:45 p.m., Sheak left the scene of a car collision that caused damage in a parking lot near the corner of Sand Creek and Wolf roads in Colonie, according to a release from the Albany County District Attorney’s Office.

Colonie Police saw Sheak driving the same vehicle, the release said, and, when they stopped him, they saw signs he was drunk; he failed field sobriety tests and registered a blood alcohol content of .23 percent, nearly three times the legal limit of .08.

At the time of the incident, the release said, Sheak was driving while knowing his license had been revoked as a result of multiple prior convictions for drunk driving.

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