By Tom Rivers, Editor Posted 30 May 2019 at 2:40 pm
ALBION – Two people who admitted to crimes while they were inmates at Albion Correctional Facility will be spending more time in prison after they were sentenced today in Orleans County Court.
Robin Miller, an inmate at the women’s prison, was sentenced to an additional 1 ½ to 3 years in prison for aggravated harassment of an employee.
She admitted to throwing urine at a corrections officer. She was scheduled to be released next year.
Najah Fields, a former inmate at the Albion Correctional Facility, was sentenced to 1 ½ to 3 years for promoting prison contraband. She allegedly had a Syracuse woman bring Suboxone and pills to the prison.
Fields was released from Albion Correctional last Dec. 28. Her attorney, David Wade, said Fields has struggled with drug addiction “her entire life.”
Fields and the Syracuse woman both showed “poor judgement,” trying to bring the Suboxone and pills into the facility, Wade said.
Sanford Church, the County Court judge, said shock incarceration may be an option for Fields. That will be up to the state corrections system.
By Tom Rivers, Editor Posted 23 May 2019 at 11:47 am
ALBION – A Rochester man who used to live in Medina was arraigned in Orleans County Court today for first-degree robbery and grand larceny in the fourth degree, which are felonies.
Jason Wills, 33, also faces misdemeanor charges of fourth-degree criminal possession of a weapon and menacing in the second degree.
He was picked up on a warrant on May 1 in Albion by local law enforcement. Wills had been wanted since failing to show up at a court appearance on Nov. 20, 2017, when he was indicted for robbery in the first degree.
Wills was arrested by the Medina Police Department on June 4, 2017 for an alleged knifepoint robbery where cash was stolen.
District Attorney Joe Cardone requested bail of at least $100,000 after Wills failed to appear in November 2017. Judge Charles Zambito agreed and set bail at $100,000 cash or $200,000 bond.
Cardone also offered a plea deal for Wills where he would plead guilty to attempted robbery in the first degree and face a maximum of 10 years in prison.
Wills can consider that offer in the next month before he appears in County Court again for a conference with his attorney, Public Defender Joanne Best.
In other cases in County Court today:
• A former inmate at the Orleans Correctional Facility was sentenced to 1 ½ to 3 years in state prison for assaulting a corrections officer in 2017.
Raheem Sumler pleaded guilty to second-degree attempted assault.
• An Albion woman was sentenced to six months in the county jail and five years of probation for a felony drug charge.
Virginia Rivera, 38, had nearly completed a judicial diversion program until a recent drug relapse. If she had been successful, she would have instead been sentenced to a misdemeanor and avoided jail.
“I just want to apologize,” she told the judge. “I made a huge mistake. I really regret it.”
Judge Zambito declined to send Rivera to state prison. He wanted the local supervision through probation.
By Tom Rivers, Editor Posted 22 May 2019 at 12:27 pm
Photos by Tom Rivers: David Ricks walks out of the Orleans County courtroom today after he was arraigned for second-degree murder in the death of DeVante Boston. Ricks has been incarcerated for the past 17 years and is due to be released July 19.
ALBION – A former Medina resident was arraigned in Orleans County Court today for second-degree murder, for causing the severe injuries that led to the death of DeVante Boston.
David Ricks, currently an inmate at the Wyoming Correctional Facility in Attica, appeared in court. He is represented by Public Defender Joanne Best and entered a not guilty plea.
Ricks has been incarcerated for about 17 years after being convicted of first-degree assault in 2003. He is due to have a conditional release from prison on July 19.
Matthew Murphy, a Niagara County Court judge, is handling the case and set bail this morning at $100,000 cash or $200,000 bond.
Orleans County District Attorney Joe Cardone pushed for the murder charge after DeVante died at age 20 on Oct. 27, 2017 and the Erie County Medical Examiner’s Office said DeVante’s death was caused by his injuries when he was 4.
Ricks severely injured the boy in May 2002. Ricks was the boyfriend of DeVante’s mother. Ricks slammed DeVante’s head into the floor and caused him serious injuries after Ricks argued with DeVante’s mother. DeVante did not get immediate medical treatment. He had brain surgery but was left in a vegetative state.
DeVante was left unable to walk or talk after the assault. He stayed in a healthcare facility in Buffalo and functioned at about a 6-month-old’s level.
The delayed death provision allows for murder charges to be filed when a person assaulted dies after the perpetrator is convicted of a lesser crime. Cardone said it is used often in court, typically in cases where a death wasn’t long after a conviction for an assault charge.
“We’re in unchartered area,” he said about bringing the charge 17 years later.
Cardone said the charge is justified because Ricks’ actions clearly caused DeVante’s death and left the boy in pain the rest of his life.
DeVante Boston’s family held out this photo of DeVante when he was about 9. His great aunt Phyllis Winters made sure Ricks saw the photograph when he appeared in court today. DeVante was severely injured in 2002.
“To me this case is worse than murder,” Cardone said. “He was doomed to a life in a wheelchair and a permanent vegetative state. He suffered every day.”
If Ricks pleads guilty or is found guilty at trial, he could get 25 years to life in prison. He has already served 17 years, counting his time in the county jail before going to state prison. A murder conviction could add 8 years to life to his prison sentence.
About a dozen of DeVante’s family members attended the arraignment for Ricks. They want to see him convicted of murder.
Phyllis Winters, DeVante’s great aunt, brought a photograph of DeVante when he was about 9. She showed the photo to Ricks as he walked in handcuffs to appear before the judge.
“We want DeVante’s voice to be heard,” Winters said after the arraignment. “We feel he lived all of those years to bring out an awareness of child abuse. If we don’t stand and speak up for him and all the other children, no one will.”
Mindy Cogovan, DeVante’s aunt, said he was always in pain and in “seizure mode.” He needed a feeding tube to eat. He had trouble seeing and babbled to talk.
However, he responded when people visited and showed contentment with his family, she said.
“Ricks had more freedom that DeVante ever had,” she said.
Ricks wasn’t confined to a wheelchair, wasn’t disabled and wasn’t in pain, Cogovan said.
Joanne Best, the public defender, asked for no bail for Ricks so he can help with the defense in his case and also begin to live his life once he is on parole.
That irked Winters, the thought of Ricks being out of prison while facing a murder charge.
“I have no sympathy for him – none,” she said.
Ricks is due back in court on June 10. Motions in the case are due to be filed on July 9 and then argued in court on July 29. Judge Murphy set Oct. 21 as a tentative start date for a trial in the case.
DeVante’s aunt, Karen Boston of Medina, is urging the community to turn on blue lights in honor of DeVante on June 13, which would have been his 22nd birthday.
“It’s not just for DeVante, who fought for 17 years,” Boston said. “It’s for all the abused children.”
David Ricks walks from the courthouse to a vehicle to be transported back to the Wyoming Correctional Facility in Attica.
By Tom Rivers, Editor Posted 20 May 2019 at 12:29 pm
ALBION – The trial will start Aug. 12 for a Medina man who has been charged with criminally negligent homicide after a fatal accident on July 24, 2018 at the intersection of Fancher Road and Route 31A in Clarendon.
Kevin Lupiani, 40, allegedly failed to stop at a stop sign that day at 10:30 p.m. He was driving a 1994 Ford flatbed truck when he allegedly caused the accident that resulted in the death of Matthew Gardner, 25, of Hamlin.
Lupiani has pleaded not guilty to the charge, an E felony which carries a maximum of 1 1/3 to 4 years in state prison.
Orleans County Court Judge Sanford Church set the start of the jury trial for Aug. 12.
In other cases in County Court last Thursday:
• Coley Doward Jr., 35, of Medina was arraigned on charged of aggravated unlicensed operation of a motor vehicle in the first degree and two counts of misdemeanor driving while intoxicated.
He was stopped in the Town of Shelby on Nov. 5. He didn’t have a license due to a previous DWI in 2007.
The judge set bail at $500.
• Gilberto Gonzales, 49, of Kendall was arraigned on AUO in the first degree and two counts of felony DWI. He was stopped in Albion on April 14.
By Tom Rivers, Editor Posted 16 May 2019 at 12:05 pm
ALBION – Two people were sentenced to a year in the Orleans Cunty Jail today by County Court Judge Sanford Church.
Jason Muck, 41, of Medina was sentenced to jail after he pleaded guilty to violating his probation. He could have faced up to 1 to 3 years in state prison.
Muck admitted to using drugs and not attending a treatment program through GCASA while he was on probation for driving while intoxicated.
• William Shelhorse Jr., 53, of Albion also was sentenced to a year in jail for DWI and aggravated unlicensed operation of a motor vehicle in the first degree.
Shelhorse was charged on Nov. 7 after being stopped on East Avenue in Albion. He registered a BAC of 0.16 percent, twice the legal limit. He also was driving without a license.
Shelhorse asked for weekend sin jail so he could keep working full-time and could pay off his court fines.
Judge Church declined the weekend option, saying Shelhorse has continued to drink alcohol and use marijuana.
Two other people pleaded guilty and could face incarceration when they are sentenced.
• William Q. Nowak, 41, of Michigan pleaded guilty to attempted criminal possession of a controlled substance in the fifth degree. He admitted in court to having concentrated cannabis in the form of edible chocolate and edible candies.
He was stopped in Orleans County on Nov. 20. Nowak said he planned to sell the products in the county.
He faces up to a year in jail when he is sentenced on July 25. He opted to accept a year in jail over probation.
• Christopher Aldrich, 49, of Albion pleaded guilty to felony DWI and aggravated unlicensed operation of a motor vehicle. He was charged on Jan. 25, when he said he drank about a dozen beers before driving. He registered a BAC of 0.21 percent.
He could face up to three years in state prison when he is sentenced on July 11.
In February 2017, Aldrich was sentenced to a year in the county jail for getting his second DWI since 2012.
• A Bronx man who was to be sentenced had his case adjourned for three weeks. Edwin King, 59, of the Bronx has pleaded guilty to attempted promoting prison contraband, a class D felony. He admitted to sending suboxone to an inmate at the Albion Correctional Facility, a women’s prison.
King, as a first-time felony offender, faces up to 1 to 3 years in prison. He is getting treatment for colon and prostrate cancer, with chemotherapy every three weeks on New York City.
Judge Church wants to see a medical report for King’s treatment before making a decision on the sentence.
By Tom Rivers, Editor Posted 13 May 2019 at 10:24 am
ALBION –Two people were sentenced to state prison during Orleans County Court last Thursday.
Andrew Walch, 33, of Holley was sentenced to 1 to 3 years in prison for felony driving while intoxicated. He was charged on Sept. 21, 2018 when he was allegedly driving after using alcohol, cocaine and marijuana. He registered a Blood Alcohol Content of .10 percent.
Angela Fields of Syracuse was sentenced to 1 ½ to 3 years in state prison for promoting prison contraband in the first degree for allegedly bringing Buprenorphine and other pills to the Albion Correctional Facility on Sept. 1. She is a second felony offender.
A Niagara Falls woman pleaded guilty to one count of burglary in the third degree. Alberta Ellis and two co-defendants allegedly broke into two farm labor camps in Carlton and Yates on Oct. 11 and stole money, sneakers, a television and household items from farmworkers. Ellis will be sentenced on July 18.
Regina Russell of Niagara Falls is a codefendant in the case. She was arraigned on May 2 for two counts of burglary in the second degree and 10 counts of petit larceny. The other codefendant is a juvenile and that case is being handled in Family Court.
By Tom Rivers, Editor Posted 3 May 2019 at 10:46 am
ALBION – Two people were sentenced to incarceration in Orleans County Court on Thursday.
Charles Knapp, 50, of Medina was sentenced to 1 ½ years in state prison. He had been in a diversion program and would have avoided prison if he stayed sober. But Knapp wasn’t able to comply with the terms of the program.
He had been in diversion since September 2017. He was arrested on March 1, 2017 after an investigation into the sale and distribution of prescription pills (Aprazolam).
He was sentenced on Thursday to criminal possession of a controlled substance in the fifth degree. He could have faced up to 2 ½ years in prison for the charge.
In other cases in County Court:
• Jimmie Priestley of Holley was sentenced to 9 months in the county jail for probation violations, including drug use, missing probation appointments and withdrawing from a drug treatment program. Priestley was on probation for falsifying business records.
• Devon Cappucci, 25, a former inmate at the Orleans Correctional Facility, pleaded guilty to aggravated harassment of an employee by an inmate for allegedly spitting blood at a corrections officer in September.
Cappucci was released from prison. He faces up to 1 ½ to 3 years in prison when he is sentenced on June 27.
• Regina Russell, 46, of Niagara Falls was arraigned for two counts of burglary in the second degree and 10 counts of petit larceny.
She and two co-defendants allegedly broke into two farm labor camps in Carlton and Yates on Oct. 11 and stole money, sneakers, a television and household items from farmworkers.
Judge Sanford Church set bail at $5,000.
One of the codefendants is a juvenile and that case is being handled in Family Court. Another codefendant, Alberta Ellis, pleaded guilty to one count of third-degree burglary.
By Tom Rivers, Editor Posted 3 May 2019 at 10:01 am
ALBION – A former Medina man, who has been in state prison since April 2003, has been indicted for murder after the person he assaulted died on Oct. 27, 2017.
Devante Boston
Devante Boston was 4 when David Ricks severely injured the boy in May 2002. Ricks was the boyfriend of Devante’s mother. Ricks slammed Devante’s head into the floor and caused him serious injuries.
Devante did not get immediate medical treatment. He had brain surgery but was left in a vegetative state. Devante was left unable to walk or talk after the assault. He stayed in a healthcare facility in Buffalo and functioned at about a 6-month-old’s level. He died at age 20 on October 27, 2017.
Orleans County District Attorney Joe Cardone is pursuing the charge of second-degree murder in Devante’s death. A report from the Erie County Medical Examiner’s Office said Devante’s death is a direct cause of his injuries from 2002.
Ricks is to be arraigned on the murder charge in Orleans County Court on May 23. He was indicted by the grand jury on the charge on Thursday.
Ricks is currently an inmate in the Wyoming Correctional Facility in Attica. His earliest possible release is in July.
By Tom Rivers, Editor Posted 25 April 2019 at 1:51 pm
ALBION – An 18-year-old from Clarendon was sentenced to 60 days in Orleans County Jail plus five years of probation after he allegedly pointed a loaded rifle at a sergeant with the Orleans County Sheriff’s Office.
The teen-ager was given youthful offender status, so his name shouldn’t be published and his record will be sealed.
In February, he pleaded guilty to attempted menacing a police officer. The teen came out of his house on Sept. 27 with a loaded rifle after watching a Sheriff’s deputy and a sergeant put handcuffs on the teen’s sister and mother after a family dispute.
The teen dropped the rifle after being told by law enforcement.
He will also have to undergo anger management counseling, complete 100 hours of community service, and is encouraged to earn his GED.
District Attorney Joe Cardone said the scene “quickly escalated” on Set. 27 and could have ended tragically. He asked for incarceration for the teen.
Judge Sanford Church said some jail time was warranted.
“I want you to think about showing respect to other people,” the judge said at sentencing today.
In other cases at County Court:
• An Albion man was congratulated for completing a diversion program and staying drug-free for nearly 2 years.
Jacob Marks also had a felony charge dismissed and was sentenced for misdemeanor petit larceny, and won’t have to go to jail. He thanked the district attorney and Judge Charles Zambito for giving him a chance in the diversion program.
“He’s really come a long way,” said Joanne Best, the public defender. “He is an example of what we want to do with this program.”
• An Albion woman who was in the diversion program was terminated from diversion after using drugs and missing appointments. Virginia Rivera, 38, nearly had graduated from the program but relapsed recently with drug use.
She will instead be sentenced on a felony drug charge and could get up to 6 months in the county jail when she is sentenced on May 23.
By Tom Rivers, Editor Posted 18 April 2019 at 3:17 pm
ALBION – A former Orleans Correctional Facility inmate was sentenced to 1 ½ to 3 years in state prison today for attempted assault in the second degree.
Freddy Rosario, 23, has been moved to Midstate Correctional Facility in Marcy. He admitted in a previous court appearance to punching a corrections officer in the face and causing other injuries.
Rosario was in the visiting area at Orleans Correctional on Jan. 21, 2018. He said “one thing led to another” and he punched an officer in the face.
As part of a plea deal he was given a reduced sentence from would could have been a maximum of 2 to 4 years in prison if he went to trial and was convicted by a jury.
In other cases in Orleans County Court today:
• Jeremy Hodge, 33, of Albion pleaded guilty to driving while intoxicated and could face a maximum of 1 to 3 years in state prison when he is sentenced on June 27.
He was charged in Clarendon on Jan. 1 and registered a Blood Alcohol Content of 0.30 percent, nearly four times the legal limit. He has a previous misdemeanor DWI in 2014.
Hodge said in court today he drank a 12-pack of beer during the day before his arrest on Jan. 1.
• Stacy Moss Jr., 29, appeared in court after being wanted on a warrant since November. Moss is a diversion program where a felony charge would be reduced to a misdemeanor if he successfully completes the program.
District Attorney Joe Cardone asked that Moss be terminated from the program because he hasn’t been going to a drug treatment program or showing up for court appearances.
Moss said he was aware there was a warrant issued for him. He said he didn’t want to turn himself in because he didn’t want to miss his son’s birth in December.
Judge Sanford Church asked why Moss didn’t come in since then.
“I don’t know,” Moss responded.
The judge is holding Moss without bail until another court appearance next Thursday.
By Tom Rivers, Editor Posted 11 April 2019 at 5:05 pm
(CORRECTION: This article initially reported that Spencer Freeman broke into a house and stole electronics. Freeman did not break in the house and steal the items. Someone else took them. Freeman wasn’t in the house, but was found in possession of the stolen property.)
ALBION – Two people were sentenced to either state prison or the Orleans County Jail today in County Court.
Valerie Allen, 31, a former inmate at the Albion Correctional Facility, was sentenced to 1 ½ to 3 years in state prison for aggravated harassment of an employee by an inmate. She admitted in court previously to throwing urine and toilet water at corrections officers on Oct. 13, 2016.
She could have faced up to five years in state prison, but received a lesser sentence as part of a plea agreement.
Public Defender Joanne Best said mental health issues and drug addiction have been contributing factors in Allen’s criminal history. Best asked County Court Judge Sanford Church to consider that in sentencing Allen.
In other cases in County Court today:
• Miranda Rose, formerly of Orleans County, was sentenced to five months in jail and her probation was revoked for welfare fraud. Rose admitted in a previous court appearance to using drugs. She also hadn’t been paying towards restitution, but today in court the judge was notified she has paid off the restitution in full.
She was charged with welfare fraud after collecting $3,577 in welfare benefits when she was living out of the county in Baltimore.
• An Albion man pleaded guilty to driving while intoxicated and could face a maximum of 1 1/3 to 4 years in state prison.
Luis Ramos-Perez, 30, was charged with DWI and aggravated unlicensed operation of a motor vehicle after being stopped on Dec. 14 in Albion. He registered a BAC of 0.15 percent, about double the legal limit. He has two prior charged for driving under the influence or intoxicated.
He will be sentenced on July 6.
• Jason Muck, 41, of Medina pleaded guilty to violating his probation and could face up to 1 to 3 years in state prison when he is sentenced May 16. He allegedly was using drugs and not attending a treatment program through the Genesee-Orleans Council on Alcoholism and Substance Abuse. Muck was on probation for driving while intoxicated.
• Spencer Freeman, 20, of Albion pleaded guilty to criminal possession of stolen property in the fourth degree and criminal possession of stolen property in the seventh degree.
He admitted to having about $1,500 worth of stolen items on Nov. 13, including a Play Station, an Alexa, X-Box and flat-screen television.
Freeman also said he had Xanax bars, which are a controlled substance. He said he got the Xanax bars “on the street.”
As part of a plea agreement, he faces up to six months in jail and five years of probation.
District Attorney Joe Cardone said Freeman has a limited criminal history. The judge agreed to keep bail at $40,000 bond. Freeman will be sentenced on June 13.
• Two people were arraigned for misdemeanor endangering the welfare of a child. Zachary Kujawa, 29, of Medina and his girlfriend Jennifer Luxon, 28, of Medina were charged by State Police in October for an incident that allegedly happened on Sept. 11.
Kujawa also faces charges of misdemeanor criminal obstruction of breathing for allegedly choking a 6-year-old girl. Luxon is also charged with making a false report.
A grand jury decided against felony charges for the two. Normally misdemeanors charges are handled in town court. Kujawa’s father is Ridgeway Town Justice Joseph Kujawa. Robert Zickl, a special prosecutor in the case, wants the case to stay in County Court and not in a local town court.
Kujawa and Luxon both entered not guilty pleas today.
“My client is steadfastly denying these allegations,” Lance Mark, Zachary Kujawa’s attorney, told Judge Church.
Both Kujawa and Luxon have been released on their recognizance.
By Tom Rivers, Editor Posted 28 March 2019 at 11:25 am
ALBION – An Albion teen-ager was sentenced to 1 1/3 to 4 years in state prison today for criminal sex act in the first degree.
The boy was 16 last year when he forced a 10-year-old girl to give him oral sex. Judge Charles Zambito said the 10-year-old girl was terrified during the ordeal.
The boy was granted youthful offender status. His record is sealed and his name shouldn’t be published in the news.
The boy has been in the Orleans County Jail for about a year. Joanne Best, the public defender, asked that the boy be released and be allowed to continue treatment and his education.
“He is very remorseful,” Best told the judge. “He wishes he made a different choice.”
But Judge Zambito said he wants the teen to spend more time incarcerated and receive help in prison.
“I want you to be supervised for as long as possible,” the judge said.
Best, the public defender, said a younger boy pressured the Albion teen into the crime. That boy is 15 and his case is being handled in Family Court.
“He wishes he stood up to the other young man,” Best said about the teen sentenced today.
She asked that the teen not go to state prison, where he will likely soon be eligible for parole.
“I don’t think there is any benefit of putting someone of his age in the state corrections system,” Best said.
The teen would like to pursue a career in the military. He apologized to the victim and her family in court today.
District Attorney Joe Cardone requested the state prison sentence due to the teen’s “extremely serious and alarming conduct.”
Judge Zambito also issued an order of protection for the victim of the crime until 2031.
In other cases today:
• A former Albion man who has spent about 2 years in state prison on rape charges was re-sentenced and his post-release supervision was reduced from 10 years to 3 years.
Charles Ledger, 30, was sentenced on Jan. 17, 2017 on rape charges against two underage girls. He maintained his innocence throughout court proceedings and entered an Alford plea, where he pleaded guilty but maintained his innocence to avoid more serious charges.
In reviewing the court transcripts in the case, the Legal Aid Bureau in Buffalo discovered that Ledger was not advised when he pleaded guilty that he would face 10 years of post-release supervision.
James Punch, who is now retired as county court judge, didn’t advise Ledger that the 10 years of post-release supervision would possibly be part of the sentence.
Rather than possibly go to another trial, District Attorney Joe Cardone agreed to dismiss the rape charges against one of the victims. Ledger also agreed to the sentence today, which remains at 3 years of state prison.
The only change is the post-release supervision is reduced by seven years. Ledger also is expected to be on the sex offender registry as a level 2 offender.
• A former Medina resident was praised for completing a diversion program, where she received treatment for drug addiction over two years.
Maria Conte, 30, had a more serious charge of grand larceny dismissed. She instead was sentenced to petit larceny, and will avoid going to jail. Judge Zambito sentenced her to three years of probation.
Conte, now a Rochester resident, thanked the court for the opportunity to be in the diversion program.
Her attorney, Public Defender Joanne Best, asked that Conte be given a conditional discharge with no probation. But Zambito declined that request.
“You’ve done a very good job,” Judge Zambito told Conte. “Substance abuse is a difficult problem to overcome. You didn’t do it by yourself. You had some help. We want to assure you have some help to keep you going.”
By Tom Rivers, Editor Posted 21 March 2019 at 8:47 pm
ALBION – A Medina man was sentenced to 3 years in state prison today by Orleans County Court Judge Sanford Church.
Collen Poole pleaded guilty on Nov. 29 to a felony drug charge just before he was to go on trial, and could have faced a longer sentence if found guilty.
Poole, represented by attorney Robert Fogg of Buffalo, has tried to withdraw his plea, saying he thought the plea also included a separate assault charge. Poole also said he only had 2 grams of cocaine, which he said was a smaller amount than the charge of fourth-degree criminal possession of a controlled substance.
Judge Church adjourned Poole’s sentencing a week. It was originally set for last Thursday. The judge said he reviewed the transcript of the plea and the assault charge was never mentioned. He said Poole made “a knowing and voluntary plea,” and was in a sound mind on Nov. 29. Judge Church decided against granting Poole’s motion to withdraw the plea, and sentenced him to 3 years in prison, the longest sentence possible as part of the plea deal.
Poole was on parole when police and state parole officers searched his residence on March 1, 2018. They found cocaine, marijuana and pills identified as Hydrocodone and Ecstasy.
Poole’s attorney said Poole went nearly a decade in between the felonies. He said Poole’s actions were driven by a drug addiction. The attorney asked the judge for a lesser sentence that would also include drug treatment.
Judge Church urged Poole to take advantage of any drug treatment programs offered in prison.
In other cases,
• A former Albion resident was sentenced to a year in jail for violating her probation. Amber L. Heveron, 30, now of Medina, was on probation for grand larceny after allegedly stealing heavy-duty batteries from tractors and trucks throughout Genesee County in 2016.
• A Batavia man pleaded guilty to driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the third degree.
Dominic Bennett, 27, will face a maximum of six months in jail and five years in probation as part of a plea deal.
He was in a one-car accident on Oct. 27 on Route 31 in Albion, and was taken by Mercy Flight to Strong Memorial Hospital in Rochester. He has recovered from his injuries.
He will be sentenced on June 13.
• Michael J. Miller II, 44, of Medina pleaded guilty to driving while intoxicated and faces a maximum of six months in jail and five years of probation when he is sentenced on may 30.
He was charged on Sept. 22 on Townline Road in Yates and registered a .24 BAC, which is three times the legal limit.
By Tom Rivers, Editor Posted 21 March 2019 at 2:58 pm
ALBION – Two Rochester men were arraigned in Orleans Court today for allegedly selling heroin and fentanyl in Orleans County.
Oscar Rivera, 23, and Jonathan Velasquez, 25, both are charged with two counts of criminal sale of a controlled substance in the third degree. They allegedly sold heroin and fentanyl in June.
Rivera is in Orleans County Jail on $20,000 bail. Velaquez, who faces a possible federal charge for illegal possession of a weapon, is in Livingston County Jail on $50,000 bail.
In another case in County Court today, a Michigan man was arraigned after he was arrested in November for allegedly transporting over 100 grams of marijuana to Orleans County.
William Q. Nowak, 41, also allegedly had a large quantity of concentrated cannabis in the form of edible chocolate and edible candies made with concentrated cannabis all within his vehicle.
He was arraigned on charges of criminal possession of a controlled substance in the fifth degree and criminal possession of marijuana in the fourth degree.
Nowak told the court he has recently moved to Ohio. He is free after posting a $50,000 bond in the Shelby Town Court.
All three defendants entered not guilty pleas today.
By Tom Rivers, Editor Posted 15 March 2019 at 9:19 am
ALBION – Three people either pleaded guilty or admitted to probation violations In Orleans County Court on Thursday. They will soon likely be sentenced to jail.
William Shelhorse Jr., 53, of Albion pleaded guilty to driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Shelhorse was charged on Nov. 7 after being stopped on East Avenue in Albion.
He admitted in County Court on Thursday to drinking a six-pack of beer before driving that day. He registered a BAC of 0.16 percent, twice the legal limit. He also was driving without a license. His license was revoked in 1998.
He could face up to six months in jail and five years probation when he is sentenced on May 16.
Miranda Rose, formerly of Orleans County, admitted to using drugs and not paying enough of the restitution she owes. She pleaded guilty last month to fifth-degree welfare fraud and was sentenced to two years probation in May. She admitted to collecting $3,577 in welfare benefits when she was living out of the county in Baltimore.
She will be sentenced on April 11 for the probation violations and could spend up to six months in jail.
Jimmie Priestley of Holley admitted to probation violations, including drug use, missing probation appointments and withdrawing from a drug treatment program.
Priestley has been on probation for falsifying business records. He faces up to nine months in jail when he is sentence don May. Judge Sanford Church sent bail for Priestley at $5,000 cash or $10,000 bond.
In another case, a Medina man was to be sentenced on a felony drug charge. Collen Poole faces up to 3 years in state prison for criminal possession of a controlled substance in the fourth degree.
However, he wants to withdraw a guilty plea from Nov. 29. He entered that guilty plea just before he was to go to trial on Dec. 3.
He was charged on March 1, 2018 after police and state parole officers found cocaine, marijuana and pills identified as Hydrocodone and Ecstasy, following a search of his residence.
Judge Church adjourned the sentencing until next Thursday.
