Press Release, U.S. Attorney Trini E. Ross, Western District of New York

BUFFALO – U.S. Attorney Trini E. Ross announced today that James White, 32, of Lockport, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and butryl fentanyl, was sentenced to serve 84 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Jeffrey E. Intravatola, who handled the case, stated that between March 2017 and March 2019, White conspired with Bruno Haney, II, and others, to sell heroin and butyryl fentanyl.

On March 24, 2017, White sold heroin that he received from Bruno to an individual identified as W.S. of Medina. Later that same day, W.S. was found dead after ingesting the heroin purchased from White. Text messages between White and W.S. on the evening of March 24, 2017, were recovered from W.S.’s cell phone. In the text messages, W.S. requested a “half bun” (5 doses) of heroin from White.

White was arrested on Jan. 22, 2019, by the Orleans County Major Felony Crime Task Force and charged with felony manslaughter in the second degree. While incarcerated at the Orleans County Jail, White made a phone call to an unknown individual, during which he stated, “they are trying to say that back in 2017 I caught a body.” White further stated that he got “him” (W.S.) half a bundle from Bruno.

The sentencing is the result of an investigation by the  Niagara County Drug Task Force and the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti, the Orleans County Major Felony Crime Task Force, under the direction of Sheriff Christopher Bourke, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division, and the Lockport Police Department, under the direction of Chief Steven Abbott. Additional assistance was provided by the Niagara County and Orleans County District Attorneys’ Offices.

ALBION – The bail has been increased significantly for a man charged with second-degree murder in a fatal Barre crash on Feb. 8.

Noah Magee

The bail for Noah Magee was $2,500 at his initial appearance in Orleans County Court on June 12, but was raised this morning to $50,000 cash, $100,000 bond or $200,000 in a partially secured bond.

Judge Sanford Church said he reviewed the full grand jury minutes since the June 12 appearance and felt justified in the higher bail for Magee.

Magee, 19, of Brockport was driving a pickup truck the wrong way on McNamar Road on Feb. 8 when he hit Roger Kingdollar who was riding a dirt bike. Kingdollar, 24, died from the collision.

Magee was initially charged with reckless endangerment 1st degree (D felony), leaving the scene of a fatal motor vehicle accident (D felony) and other vehicle and traffic infractions.

After more investigation in the incident, the charges were upgraded to second-degree murder, an “A” felony with a maximum sentence of 25 years to life.

Church also reviewed video of the collision that was captured from a nearby residence.

“There is no doubt the collision caused the death,” Church said in court today.

While there wasn’t an intent to cause the death of Kingdollar, Church said Magee should still face a higher bail due to the reckless conduct. If he faced a lesser charge of manslaughter, where someone is killed without malice, the bail should also much higher than $2,500, Church said.

District Attorney Joe Cardone at the June 12 arraignment sought $250,000 in bail for Magee, saying he was a potential flight risk due to the serious charges.

After Church kept the bail at $2,500, the same amount set at the town court level before the second-degree murder charge was added, Cardone then filed a bail application, seeking a higher bail. Cardone said the new more serious charge warranted an increase in the bail amount.

Cardone today also asked that Magee’s driving privileges to be suspended, but the judge did not agree to that.

Magee’s attorney Paul Vacca interjected after Church announced the higher bail, with Vacca seeking it be $25,000.

The judge said no to Vacca.

“That is my ruling,” Church said.

Magee was then handcuffed and led out of the courtroom.

ALBION – Orleans County Court Judge Sanford Church may raise the bail from $2,500 for a man charged with second-degree murder in a fatal Barre crash on Feb. 8.

During the arraignment in county court last week for Noah Magee, District Attorney Joe Cardone requested bail be increased from $2,500 set at the town court level to $250,000.

Cardone noted the charges in the case had been upgraded from reckless endangerment in the 1^st degree to second-degree murder. But Judge Church kept the bail at $2,500, noting he had made all of his court appearances.

Magee was driving a pickup truck the wrong way on McNamar Road on Feb. 8 when he hit Roger Kingdollar who was driving a dirtbike. Kingdollar, 24, died from the collision.

In a court appearance today after Cardone filed a bail application, Judge Church said he didn’t have the minutes from the grand jury testimony or a video that showed the crash when he set the bail last week.

Cardone said those minutes and video would be provided this afternoon. Judge Church said he will review the evidence and could decide to increase the bail from the current $2,500.

The judge last week also approved five temporary orders of protection for family and friends of Kingdollar. Magee was not to drive by the homes or linger near them. The judge issued those orders of protection despite Magee’s attorney Paul Vacca saying there is “no reasonable basis” for issuing them.

Cardone said in court today that Magee may have violated the order of protection in one instance by driving a vehicle near the residence of one of the people he is to stay away from. But Vacca said there is no clear evidence that the vehicle is question was Magee’s or that he was driving it.

The judge stressed to Magee to avoid driving near or having any contact and communications with the five people with orders of protection.

Vacca asked the judge to consider 10 orders of protection for Magee from people who were unruly during his court appearance on June 12.

Church declined to do that, but told the people in court they need to stop having disturbances in the courtroom or in the parking lot outside the courthouse.

Church had people escorted by security on Friday due to their behavior, when they were yelling at Magee and the judge.

Church said he will insist on order in the courtroom.

“It’s difficult,” he said to Kingdollar’s friends and family. “I am sorry for your loss. But you have to be patient and trust the process.”

Noah Magee was driving the wrong way on McNamar Road when he fatally hit Roger Kingdollar

Photo by Tom Rivers: Emergency responders and law enforcement are shown at the scene of a fatal collision on McNamar Road in Barre near Angevine Road on Feb. 8.

ALBION – A Brockport man, formerly from Albion, was arraigned in Orleans County Court this morning on second-degree murder.

Noah Magee, 19, was driving a pickup truck the wrong way on McNamar Road on Feb. 8 when he hit Roger Kingdollar who was driving a dirtbike. Kingdollar, 24, died from the collision.

Magee was initially charged with reckless endangerment 1st degree (D felony), leaving the scene of a fatal motor vehicle accident (D felony) and other vehicle and traffic infractions.

After more investigation in the incident, the charges were upgraded to second-degree murder, an “A” felony with a maximum sentence of 25 years to life.

District Attorney Joe Cardone said Magee showed reckless conduct and a depraved indifference to life.

The DA asked that bail be increased from the $2,500 which was set at the lower town court level and be increased to $250,000 in cash. Cardone also asked for five orders of protection for family and witnesses who he said are being harassed by Magee, who allegedly frequently drives by their homes, sometimes slowing down and stopping in front of the houses.

County Court Judge Sanford Church declined to increase the bail, keeping it at $2,500, which drew loud outbursts in the courtroom from Kingdollar’s friends and family. Some of them yelled “f—ing murderer” and “bulls—” when Church said the bail would remain at $2,500.

When the expletives continued, Church had security escort about 20 people out of the courtroom.

The judge kept the bail at $2,500 because he said Magee has made all of his court appearances. Magee’s lawyer, Paul Vacca Jr., also said Magee is hard-working and has no prior arrests. Vacca said Magee wouldn’t be able to come up with $250,000.

Judge Church issued five temporary orders of protection and told Magee not to drive by the homes or linger near them. The judge issued those orders of protection despite Vacca saying there is “no reasonable basis” for issuing them.

“He is not the type of individual they allege,” Vacca said about Magee.

State Police charged Magee on Feb. 8, saying a 2006 Chevrolet Silverado driven by Magee was eastbound on the north shoulder, which is the wrong way of travel.

After the collision, Magee continued eastbound on McNamar Road, leaving the scene, State Police said.

Kingdollar was driving a Honda CRF450R Dirt Bike. He was pronounced deceased at the scene.

There were two uninvolved four-wheelers traveling with Kingdollar, State Police said.

Cardone said in court there remains animosity from Magee towards the victim’s family.

“This is an extremely volatile situation,” Cardone told the judge in court.

Magee is due back in court on July 3 for a conference, with motions to be filed by July 29  and motions to argued on Aug. 7 or for Magee to take a plea that day.

If the case goes to trial, Church tentatively set Nov. 13 for it to start.

The judge asked Cardone, who is retiring on Dec. 31 after 33 years as DA, if he wanted the trial to start before or after he retires. Cardone said he wanted it to happen before he leaves office.

“I’m most familiar with the case and I want to see it through,” Cardone said after the court appearance by Magee.

ALBION – An Albion man was sentenced to five years in state prison on Wednesday for a crime spree that included one felony and four misdemeanors from September 2022 to April 2023.

Alexander C. Gelo

Alexander C. Gelo, 32, was given the maximum sentence as part of a plea deal. In addition to five years in prison, Judge Sanford Church gave Gelo five years of post-release supervision.

Gelo, 32, was wanted on a warrant when he charged following a traffic stop on Feb. 28, 2023 on Ridge Road in the Town of Gaines. The warrant stemmed from an incident that occurred on Feb. 14, 2023 when Gelo allegedly made threats to physically harm a witness in a criminal proceeding against Gelo.

Gelo pleaded guilty on March 27 to criminal possession of a weapon in the second degree, a charge that carries 3 ½ to 15 years in prison. Gelo admitted in court today to having a loaded 9 mm handgun.

He also pleaded guilty to the following charges:

• Menacing in the second degree for displaying a semiautomatic handgun to a person on Sept. 19, 2022 with the intent to scare the person, causing a reasonable fear for safety.

• Criminal possession of stolen property in the fifth degree for having someone else’s Bank of America credit card on Sept. 21, 2022 with the intent of using to benefit himself.

• Aggravated harassment in the second degree for using Facebook messenger on Feb. 11, 2023 to send threatening messages to a woman.

• Assault in the third degree for hitting a woman in the head with a hammer on April 23, 2023.

In other cases in County Court on Wednesday:

• Kevin McEwen, 41, of Kendall was sentenced to two years in state prison for attempted criminal possession of a weapon in the second degree. McEwen was charged after firing two rounds from a Glock near people on Sept. 18 in Kendall in a dispute over car repairs.

McEwen admitted in court on Feb. 28 to having a loaded firearm, and shooting it at a zucchini to scare people.

• Edward Dunn, 38, of Middelport was arraigned for third-degree burglary, criminal mischief in the second-degree and petit larceny for his alleged role in a break-in in March on North Main Street in Lyndonville.

ALBION – A Medina man was sentenced to six years in state prison plus three years of post-release supervision.

Demarques “Dutch” Underwood, 34, on Nov. 15 pleaded guilty on Nov. 15 to criminal possession of a controlled substance in the third degree. He admitted he had cocaine with the intent to sell it.

He was sentenced last week by Orleans County Court Judge Sanford Church. Underwood was charged with a codefendant in October 2023 after police seized over 40 baggies of crack cocaine, $3,400 in cash, scales, numerous packaging material and other drug paraphernalia.

In other cases in County Court:

• Jayah Osby, 24, of Albion was sentenced to a year in prison for criminal possession of a controlled substance in the fifth degree.

Osby was charged on Aug. 21 after being searched by Albion police officers who located cocaine, marijuana and distribution bags for sale as well as $600 in cash. There was an active arrest warrant for Osby at the time.

• Vincent McLeod, 26, a former inmate at Orleans Correctional Facility in Albion, was sentenced to 1 ½ to 3 years in prison for attempted promoting prison contraband for having a black ceramic razor blade on Nov. 29, 2022. He is now an inmate at Wallkill Correctional Facility serving an 8-year sentence for first-degree robbery and attempt assault in the first degree.

• David Brege, 37, of Medina, pleaded guilty to attempted criminal possession of a controlled substance in the third degree, criminal possession of a weapon in the third degree, and driving while ability impaired due to drugs.

Brege was charged in October after having cocaine, a rifle and knife concealed in a flashlight. He faces up to 5 years in prison when he is sentenced.

• Christian Strickland, 25, of Medina was arraigned was arraigned for driving while intoxicated and aggravated unlicensed operation of a motor vehicle. He was charged on Dec. 21.

Press Release, U.S. Attorney Trini E. Ross, Western District of New York

Stephen Nicot

ROCHESTER – U.S. Attorney Trini E. Ross announced today that Stephen Nicot, 61, of Rochester, who was convicted of receipt of child pornography, was sentenced to serve 144 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Kyle Rossi and Meghan K. McGuire, who handled the case, stated that between 2012 and 2014, Nicot hid a camera in the bathroom of a church located in the Western District of New York. (Editor’s Note: Previous news reports and a press release from the U.S. Attorney stated the church was in Orleans County.)

Nicot positioned the camera so that it would capture video and images of naked individuals using the shower in the church bathroom. He did this knowing some of the individuals would be under the age of 18 and he planned to display the video of the minors.

On July 21, 2022, law enforcement executed a warrant at the Nicot’s residence and recovered a memory card and USB drive, which contained videos and images of at least five minor victims using the church bathroom and shower. Two cell phones were also seized, which contained naked images of a minor victim that were recorded by a camera hidden in a bathroom of Nicot’s residence.

The sentencing is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter and the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction Special Agent-in-Charge Matthew Miraglia.

ALBION – A former Albion resident pleaded guilty to third-degree burglary in Orleans County Court today and could face 2 to 4 years in state prison when he is sentenced on July 31.

Michael R. Bauer, 38, admitted in court to entering the Plaza Liquor Store at 127A South Main St. on Aug. 20, 2023 without permission and with the intent to commit a crime.

Bauer, who now lives in Middleport, was charged after breaking into the Plaza Liquor Store, damaging the building and taking some of the merchandise.

Albion police said there was approximately $2,000 damage to the building, and $336 in damage to alcohol bottles. About $90 worth of alcohol and cash also were stolen.

Bauer is a second-felony offender with a previous conviction of attempted burglary in the second degree for breaking into a convenience store in medina in June 2014.

In another case in court today, Kevin McEwen, 41, of Kendall was scheduled to be sentenced but the sentencing was pushed back a week when McEwen said he is getting a new attorney.

He pleaded guilty on Feb. 28 to attempted criminal possession of a weapon in the second degree. McEwen was charged after firing two rounds from a Glock near people on Sept. 18 in Kendall in a dispute over car repairs.

McEwen admitted in court on Feb. 28 to having a loaded firearm, and shooting it at a zucchini to scare people. He faces up to two years in state prison when he is sentenced.

One admits to trying to bring contraband into prison, while an inmate admits to throwing urine at CO

ALBION – Two people today pleaded guilty in Orleans County Court to committing crimes at Orleans Correctional Facility, a medium-security prison.

Adeosun Hughes, 24, of Rochester admitted he tried to bring a ceramic razor blade into Orleans Correctional on April 15, 2023. He was there visiting.

He pleaded guilty to attempted promoting prison contraband and faces 1 to 3 years in state prison when he is sentenced on July 3.

Hughes is currently at Wyoming Correctional Facility for a 2-year sentence for attempted criminal possession of a weapon in the second degree.

Isaiah Yarborough, 26, from New York City admitted he threw urine at a corrections officer while Yarborough was incarcerated at Orleans Correctional on May 16, 2023.

Judge Sanford Church asked Yarborough if the urine was thrown at the CO with an intention to harass, annoy or alarm.

“Yes,” Yarborough responded.

He pleaded guilty to aggravated harassment of an employee by an inmate and faces a 1 ½ to 3-year maximum sentence on July 3.

Yarborough is now at the Wallkill Correctional Facility, serving an 8-year sentence for attempted robbery in the 1st, criminal possession of a weapon in the 2nd, and attempted robbery in the second degree.

Darrin Brown, 34, formerly of Orleans County and now of Lockport, was congratulated by the judge for completing a treatment program. Because Brown was successful in the program, a felony charge of fourth-degree grand larceny has been vacated. He instead faces a misdemeanor petit larceny charge and doesn’t have to go to jail.

“I want to formally congratulate you for completing the program,” Church told Brown. “Thank you for hanging on and actually doing it.”

ALBION – An Albion man pleaded guilty to five crimes today in Orleans County Court and faces a maximum of five years in prison, plus five years of post-release supervision when he is sentenced on May 29.

Alexander Gelo

Alexander C. Gelo, 32, was wanted on a warrant when he charged following a traffic stop on Feb. 28, 2023 on Ridge Road in the Town of Gaines. The warrant stemmed from an incident that occurred on Feb. 14, 2023 when Gelo allegedly made threats to physically harm a witness in a criminal proceeding against Gelo.

Today in court Gelo pleaded guilty to criminal possession of a weapon in the second degree, a charge that carries 3 ½ to 15 years in prison. Gelo admitted in court today to having a loaded 9 mm handgun.

He also pleaded guilty to the following charges:

• Menacing in the second degree for displaying a semiautomatic handgun to a person on Sept. 19, 2022 with the intent to scare the person, causing a reasonable fear for safety.
• Criminal possession of stolen property in the fifth degree for having someone else’s Bank of America credit card on Sept. 21, 2022 with the intent of using to benefit himself.
• Aggravated harassment in the second degree for using Facebook messenger on Feb. 11, 2023 to send threatening messages to a woman.
• Assault in the third degree for hitting a woman in the head with a hammer on April 23, 2023.

Gelo will be held in the Orleans County Jail without bail until sentencing.

In another case in county court today, Garrett Strickland, 31, was sentenced to six months in the county jail for violating his probation.

Strickland, 31, of Medina admitted he didn’t notify probation of a change in his address to Holley, missed several probation appointments and consumed alcohol. He was on probation for bail jumping in Genesee County.