3 from Orleans sentenced to state prison

By Tom Rivers, Editor Posted 30 June 2014 at 12:00 am

ALBION – Orleans County Court Judge James Punch sentenced three Orleans County residents to state prison today.

Brenton Poole, 28, faced the stiffest sentence, five years in state prison. He pleaded guilty on April 7 to attempted criminal possession of a controlled substance in the third degree. He faced a maximum of 1 1/3 to 8 years in state prison, but his plea deal set the maximum punishment at five years.

During sentencing this afternoon, Poole accepted responsibility for having crack cocaine and marijuana in his closet at his home on 746 Church St.

He was arrested on Feb. 12 along with two other Medina residents after a year-long investigation into the sale and distribution of crack cocaine and marijuana in the villages of Medina and Albion, according to the Orleans County Major Felony Crime Task Force.

Poole is a second felony offender. His attorney, Robert Fogg, said Poole quickly took responsibility in the case without any delays. Fogg asked for a sentence less than the maximum, and noted that Poole has struggled with a substance abuse problem.

Judge Punch insisted on the maximum of five years.

“You profited from the chaos you’ve been spreading,” the judge told Poole. “You’ve been a drug dealer and I think you have been for a long time.”

The judge also sentenced an Albion man to four years in state prison. Kyle Depoty, 23, of Albion faced charges of third-degree robbery and petit larceny for allegedly taking items from the Albion Wal-Mart on Dec. 8 and then threatening to harm a store employee.

Depoty also has been charged with second-degree burglary and petit larceny for allegedly stealing a camera, camcorder and cigarettes from an Eagle Harbor home on Dec. 4. He also faced probation violation charges.

He pleaded guilty to second-degree attempted burglary, petty larceny and violation of probation, which could have resulted in a maximum sentence of 3 to 7 years in state prison. The judge gave him four years.

A 19-year-old from Holley was sentenced to 2 to 6 years in state prison for disseminating indecent material to a minor.

Damien Jost of Ridge Road was called “a very dangerous individual” by the judge.

Jost was charged in September with endangering the welfare of a child, use of a child in a sexual performance and disseminating indecent material to a minor. An investigation showed he was allegedly sending and receiving photos of a victim who was 13 years old that he was messaging on-line. Jost also allegedly sent the 13-year-old images of him having sex with his girlfriend.

“I learned from this,” Jost said during sentencing. “I learned from this whole ordeal.”

The judge was asked to consider Youthful Offender status for Jost, but Punch refused, “based on your history and predatory nature of your conduct.”