Lockport, NEW YORK

Jan 12, 2008 - Marcy L. Cole, 35, a Roy B. Kelly Elementary School teacher, was arrested and charged her with felony driving while intoxicated, as well as aggravated unlicensed operation of a motor vehicle. Her license was revoked in October following a DWI arrest in April.

A parent of a pupil in Cole’s classroom said her daughter came home from school on Tuesday and said Cole appeared intoxicated earlier in the day and swore at a pupil before being escorted out of the school.

Lockport School Superintendent Terry Ann Carbone would not address what happened in school on Tuesday. She told The Buffalo News she was unable to discuss personnel matters or health-related issues involving a particular teacher.

Carbone also said she was unaware of Cole’s October conviction and said the Department of Motor Vehicles, according to state law, does not have to inform them of convictions involving employees.

Jan 14 - Cole is no longer in the classroom after a third arrest for driving while intoxicated. This past Thursday, Cole was pulled over on Day Road in the Town of Lockport and charged with felony DWI.

Jan 16 - Lockport School Terry Carbone, Superintendent, 'I knew of a, a..an arrest in April." He says when they learned of her arrest in April, the district laundched an investigation and Cole didn't finish out the "07" school year but she returned last fall. They've decided she won't be finishing off this school year either. Right now Cole is on paid leave.

Feb 6 - Cole appeared Tuesday in court to face charges stemming from her third DWI arrest in one year. CShe was pulled over Jan. 10 on Day Road and charged with felony DWI.She also has a case pending in Royalton in connection with an October traffic stop on Gasport Road.

In November, Cole pleaded guilty in Lockport Town Court to misdemeanor DWI and was sentenced to pay a $500 fine in connection with an April 18 arrest on Beattie Avenue.

GRAND JURY POSSIBLE March 13 - A court appearance was adjourned and the case may be sent to a grand jury. A Royalton Town Court clerk said Thursday the case was expected to be sent to a Niagara County grand jury. Her attorney said that "was not necessarily" the case.

Cole is also scheduled for a court appearance April 1 in Lockport Town Court, in connection with the Jan. 10 arrest. That too, according to her attorney, might be adjourned.

COURT CASE ADJOURNED in Lockport April 1 - Cole was scheduled to appear in Lockport Town Court on a felony DWI charge, but her attorney, Thomas Scirto, said the appearance would be adjourned.

Scirto said this is “probably the last time” the case would be adjourned in Lockport Town Court, though he declined to say what he expects will happen next in the case.

“We have a number of things we’re trying to work out,” he said. “A lot of it is dependent upon what we might be able to work out with the district attorney’s office.”

CASE ADJOURNED in Royalton April 11 - Scheduled for an appearance in Royalton Town Court, her attorney, Thomas Scirto, said the appearance was adjourned.

ARRESTED (AGAIN) June 18 - Cole was arrested for fourth time for DWI in 14 months. She was charged this time with felony driving while intoxicated, first-degree felony aggravated unlicensed operation of a motor vehicle, resisting arrest, criminal impersonation and other vehicle and traffic infractions.

About the time of her DWI arrest in January, Cole was suspended for the remainder of the school year following several complaints from parents about alleged inappropriate conduct in the classroom, including showing up intoxicated at school. She remains suspended with pay.

The criminal impersonation is because she gave a false name to the officer, mispelling it several times. She attempted to drive away and there was a struggle to get her out of the car.

In court, she pleaded not guilty and denied that she refused to take a breathalyzer test. She refused to acknowledge that she had been read her Miranda rights, instead saying repeatedly, “I don’t care.”

See the video report at KIVB-TV.

SEPARATION AGREEMENT June 18 - The district Board of Education officially accepted Marcy L. Cole’s resignation at Wednesday night’s meeting.

“The district and Ms. Cole have determined that they wish to resolve her status by agreement,” Superintendent Terry Ann Carbone said. “It allows the district to avoid lengthy and costly proceedings under the New York state education law which would have been required by Cole, given her status as a tenured teacher.”

There is a term of separation agreement, the details of which could not be released because it is a personnel matter, Carbone said. The resignation is effective July 1.

On GRAND JURY calendar - June 20 -Her attorney said that the case, along with the Town of Lockport case, will be sent to Niagara County grand jury on July 1. The attorney waived a felony hearing in Royalton Town Court for the charges stemming from Cole’s most recent arrest Monday.

GUILTY PLEA September 3 - Cole pleaded guilty to two felony charges of driving while intoxicated. Cole pleaded guilty to two felony counts of DWI in connection with her arrests on Oct. 7, 2007, and Jan. 10, 2008. She already had a previous DWI conviction, after pleading guilty in October to misdemeanor DWI in connection with an April 18, 2007, traffic stop in the Town of Lockport. She was arrested a fourth time in June on charges of DWI in the Town of Royalton.

She had been out on $10,000 bail, but her bail was revoked Sept. 12 after probation officers reported she tested positive for alcohol twice. Cole is now in custody at the Niagara County Jail.

She will be sentenced November 6.