The domestic-violence case against former Buffalo Sabres player Matthew T. Barnaby that was adjourned in anticipation of dismissal next July will not be resurrected following his most recent run-in with the law, Erie County District Attorney Frank A. Sedita III says.
Barnaby, 38, of Clarence, pleaded guilty last week to driving while intoxicated and other charges in Clarence Town Court after he was pulled over early Dec. 5 while driving his sport utility vehicle on three wheels.
He faced Sedita's discretion over whether to repursue the earlier charge from last May.
Sedita initially filed a motion to reinstate the former charges after Barnaby's most recent arrest.
"We decided to withdraw the motion because Barnaby met all three conditions," Sedita said late Wednesday.
Those conditions included:
*Barnaby pleading guilty Dec. 13 to DWI and vehicle and traffic offenses of refusing to submit to a chemical test, operating with an unsafe tire and failing to notify the state Department of Motor Vehicles of an address change for the latest early morning incident.
*Both parties in the domestic incident -- Barnaby's ex-wife, with whom he is reportedly reconciling, and her friend -- told Sedita that they didn't wish to have it reprosecuted.
*Both the Amherst police and officials from the Erie County Sheriff's Office agreed to those terms, and also felt that it wasn't necessary to revisit the prior case.
Should Barnaby get in trouble again between now and July, however, Sedita said, the option remains to reopen the domestic-violence case.
The latest legal maneuver by the district attorney doesn't necessarily get Barnaby out of the woods in terms of possible deportation. That decision, following his conviction to DWI and the other charges, remains in the hands of U.S. Immigration and Customs Enforcement.
Barnaby, after his guilty plea, was sentenced by Clarence Town Justice Michael B. Powers to court-ordered rehabilitation, including inpatient counseling, fines and surcharges of nearly $2,000, the suspension of his driver's license for a year, 100 hours of community service and installation of an ignition interlock device on his vehicle.