DELHI -- A Roxbury man appeared in Delaware County Court for a pistol permit hearing prompted by a disagreement with a home health care aide.
Charles R. Tolly Sr., 75, had his pistol permit revoked by Delaware County Justice Carl Becker following testimony by Tolly and state police at Margaretville Investigator Michael MacInerney.
MacInerney said Tolly's wife suffers from Alzheimer's disease. At the end of August and early September Mrs. Tolly's health care aide alleged there had been inappropriate sexual activity and removed Mrs. Tolly from her home, MacInerney said.
He said the wife was unable to provide any facts, so no sex abuse charges were filed.
MacInerney said Tolly's daughter had arranged for her mother to enter a nursing home in Pennsylvania, where she is now residing.
He said Tolly called his neighbor and allegedly threatened to shoot the health care aide.
Tolly was admitted to Bassett Hospital under the mental health law, MacInerney said.
Tolly told Becker that he never threatened to shoot the health care aide.
"I said she ought to be shot; there is a big difference," Tolly said. "You say a lot of things in a minute of anger. It was just a misuse of words."
Tolly said the health care aide should be arrested for kidnapping his wife.
"We were looking at placing my wife in a nursing home, and she didn't want to lose her job," Tolly said. "She should be charged with kidnapping the way she took my wife out of the house and then fought with me at the door when I tried to stop her. She tried to keep her job and she lied and stole. She caused me nothing but problems."
Tolly said he suffered an injury to his shoulder in the altercation with the aide and now requires surgery.
Becker said: "The problem I have is that people who have the privilege of having a pistol permit have an obligation to the rest of society in term of their conduct.
"Clearly you were in a very emotional state and that does not excuse a statement to a neighbor that somebody should be shot. Your emotions overruled your judgment. You made a threat of violence and you engaged in violence."
In other court business:
"¢ Frederick C. Coffey, 54, of Delhi, appeared on a violation of probation charge. He was released on his own recognizance to reappear today with an attorney.
Coffey allegedly violated his probation by possessing and consuming alcohol Dec. 21. He was sentenced to probation Oct. 6, 2008, on a driving while intoxicated charge.
"¢ Mary O'Brian, 45, of Unadilla, pleaded guilty to two counts of driving while intoxicated and moving from a traffic lane unsafely. There was no sentence promise other than the fact that the sentence won't include state prison.
O'Brian was released on her own recognizance to reappear Feb. 7 for sentencing.
"¢ John T. Gurnick, 45, of Hancock, was arraigned Jan. 3 on charges of third-degree criminal possession of a controlled substance, cocaine, and fourth-degree criminal possession of a weapon, a Jennings .22-caliber handgun Dec. 9 in Hancock.
In December, Gurnick pleaded innocent to two charges of third-degree criminal sale of a controlled substance for allegedly selling cocaine Oct. 26 and 27 in the village of Hancock.
Gurnick was jailed on $25,000 bail or $50,000 bond. His trial is scheduled during the April 25 trial term.