county court

Holley man sentenced to state prison for DWI

By Tom Rivers, Editor Posted 2 August 2018 at 2:55 pm

ALBION – A Holley man was sentenced to 1 1/3 to 4 years in state prison today for felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

James Nottingham, 38, of Thomas Street has three prior felonies and seven previous misdemeanors, District Attorney Joe Cardone said.

The DA asked County Court Judge Sanford Church to sentence Nottingham to incarceration, “considering his conduct and prior criminal history.”

Joanne Best, the public defender, asked for probation or a split sentence with local jail time. She said Nottingham has been working full-time the past 10 months and the DWI on Feb. 6 in Murray was his first criminal since 2013, and first crime involving alcohol since 2009.

“I messed up by drinking,” Nottingham told Judge Church. “The only thing I can do is move on with my life. I have a good job and want to take care of my kids.”

Nottingham also was ordered to pay court surcharges and a fine of $1,000.

In other cases in County Court today:

• A Buffalo man who fired a gun inside O’Brien’s Tavern on Dec. 10 was to be sentenced today but that was moved back until Sept. 13 so a presentence investigation report could be completed by the Probation Department.

Patrick Casanova, 24, has been in the Niagara County Jail for a drug possession charge. He wanted to be sentenced today for criminal possession of weapon in the second degree. But Cardone and Judge Church both wanted to have the presentence investigation report completed before sentencing.

Casanova could face up to 7 years in state prison for the charge in Orleans County. Casanova wasn’t targeting anyone when he fired the gun into the ceiling at O’Brien’s, police said.

• A Medina woman pleaded guilty to attempted hindering of criminal prosecution in the second degree and could face up to 60 days in jail and three years on probation.

Nikki Buzard admitted in court today to driving a car and taking two co-defendants away from State Street Park in Medina after the two allegedly robbed two people at gunpoint on March 8.

Buzard could have faced up to a year in jail, but as part of a plea deal the sentence will be no more than 60 days in jail.

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Medina man sentenced to 3 years in prison on weapons charge

Staff Reports Posted 23 July 2018 at 2:14 pm

Dino Callara

ALBION – A Medina resident was sentenced to 3 years in state prison during Orleans County Court this morning.

Dino Callara, 50, of Slade Road was arrested in February for criminal sale of a firearm in the third degree following an investigation by the Orleans County Sheriff’s Office.

Callara is a two-time convicted felon who allegedly possessed and sold a firearm in November 2017.

Callara was also arrested on a separate charge of grand larceny in the 4th degree after he allegedly was hired to install a transmission in the victim’s vehicle in October 2017. Without the victim’s consent, he sold the vehicle for scrap metal at Dunn Salvage in Niagara County.

As part of a plea deal, the larceny charge was dismissed but Callara admitted to criminal possession of a weapon.

He also has to pay the larceny victim $3,800 in restitution.

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Interim county court judge has one last defendant in Orleans County

By Tom Rivers, Editor Posted 18 July 2018 at 10:16 am

Honorable Sara Sheldon needs to sentence Gerardo Quiros, who also faces charges in another case

ALBION – After sentencing several people in Orleans County Court on Monday, Sara Sheldon brought her tenure in Orleans County to a final defendant.

Sheldon, a Niagara County Court judge, has been filling in with criminal cases in Orleans County Court for about a year, since James Punch retired last July 29.

She presided over a trial against Gerardo Quiros last month, where the Ridgeway man was found guilty of sexual assault and rape charges.

He allegedly held a woman against her will for several weeks, while physically and sexually assaulting her. He is scheduled to be sentenced at 2 p.m. on Sept. 17.

Quiros also has other charges from a separate case. On Jan. 1, while he was out on $200,000 bail, he allegedly barged into a home on Root Road in Barre and tried to drag his girlfriend out of the house by her feet. He was stopped by her brother, who made Quiros leave at gunpoint.

He was offered a plea deal on Monday by the District Attorney’s Office. Quiros will be back in court at 11 a.m. on Aug. 7 to decide whether to accept the offer of pleading guilty to criminal trespass in the second degree and unlawful imprisonment in the first degree, which are A misdemeanors.

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Several are sentenced in County Court

By Tom Rivers, Editor Posted 16 July 2018 at 7:12 pm

ALBION – Several people were sentenced in Orleans County Court today, including a Rochester man who admitted in a previous court appearance to having cocaine with the intent to sell on May 1, 2017.

Lamar Nelson, 29, pleaded guilty to criminal possession of a controlled substance in the fifth degree. He faced up to a maximum of 2 ½ years in state prison.

He was given the maximum by Judge Sara Sheldon as part of a plea agreement, partly because of Nelson’s previous rape conviction that made him a second-felony offender.

He has been in the county jail the past 14 months. In addition to time in prison, he will be on post-release supervision for 1 ½ years.

His attorney Michael O’Keefe said Nelson has “long and extensive use of drugs and alcohol since he was a teen-ager.”

In a presentence report, Nelson insisted he was innocent of the crime.

Sheldon told Nelson his DNA was on packaging for the drugs.

“There’s no question you were part of the enterprise,” she told him. “That you still maintain your innocence is an insult to my intelligence.”

Nelson said he pleaded guilty to the crime and is taking responsibility “for my actions.”

“I hope so,” Sheldon responded. “That’s part of being a man.”

Chad Oehlbeck, 30, of Hamlin was sentenced to six months in jail and 5 years of probation. He pleaded guilty to aggravated unlicensed operation of a motor vehicle in the third degree and criminal possession of a weapon in the fourth degree.

In a previous court appearance, Oehlbeck admitted to the judge he was driving without a license and was impaired on June 3, 2017. He also said he had a shotgun in the vehicle.

Sheldon said she regretted agreeing to the six-month cap in jail because the arresting officer, a state trooper, described Oehlbeck “as one of the worst people I’ve ever had to deal with.”

The judge issued an order of protection for a woman in the case.

Richard L. Dixon, 46, of Waterport was sentenced to six months in jail and 5 years of probation for felony driving while intoxicated, his third DWI.

Dixon also was fined $1,000 for the DWI, and needs to pay a $520 court surcharge plus a $50 DNA fee.

John W. Murphy, 45, of Lyndonville was sentenced to time served for seventh-degree criminal possession of a controlled substance for knowingly and unlawfully possessing a painkiller.

Murphy has been in a drug diversion program. That allowed a felony charge to be reduced to a misdemeanor. He spent 15 days in jail. He could have faced up to a year of incarceration.

He needs to pay a court surcharge of $250 within 60 days.

• The judge arraigned Crystal Woodward, 32, of Medina for second-degree grand larceny, and eight counts each of forgery in the second degree and falsifying business records in the second degree.

She allegedly took checks totaling $91,973 for Medina Transportation Company.

Joanne Best, the public defender, said Woodward is in a drug treatment program. Best asked for no bail for Woodward.

The judge agreed to release Woodward on her own recognizance.

“She has a very plausible and realistic defense,” Best told the judge.

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Marano, former deputy, avoids probation and jail, but can no longer be police officer

By Tom Rivers, Editor Posted 16 July 2018 at 4:46 pm

ALBION – A former Orleans County deputy sheriff apologized to the community and his former colleagues in the Orleans County Sheriff’s Office today when he was sentenced for petit larceny and falsifying business records.

Tom Marano

Tom Marano

Tom Marano, 46, has admitted to claiming 240 hours worked at Brookfield Renewable Energy Partners, which operates a hydroelectric plant in Waterport. Marano filled out time cards for Brookfield while he was on the clock working as a deputy between Jan. 12, 2014 and Jan. 1, 2015. He has repaid $4,800 in restitution.

Marano was indicted last July along with Dean Covis, a former sergeant with the Sheriff’s Office. They faced grand larceny in the third degree for falsifying time sheets.

Covis has agreed to pay $12,915 in restitution. He was sentenced on June 11 and didn’t have to serve probation or jail.

Marano received that sentence as well today. Marano, like Covis, also won’t be able to work again as a police officer, Judge Sara Sheldon determined.

Sheldon quoted from a presentencing report that included a statement from the arresting officer: “Even though he betrayed the public trust, he doesn’t feel jail time would serve a purpose,” Sheldon said.

Marano’s attorney Joseph Damelio said there were many testimonials from the community about Marano for assisting them during times of tragedy. Marano most often performed his duties with high professionalism, his attorney said.

However, Marano takes full responsibility for the petit larceny and falsifying business records.

“He knows what he did is wrong and he is ashamed of it,” Damelio said in court this afternoon. “He wants to apologize to the entire County of Orleans. He wants to apologize to the Orleans County Sheriff’s Department. He wants to apologize to his friends and family.”

Marano regrets his actions cast a negative light on the Sheriff’s Office.

“In no way is this a reflection on them,” Damelio said.

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Rochester man sentenced to 5 ½ years in prison for providing drugs in overdoses in Orleans

By Tom Rivers, Editor Posted 11 July 2018 at 3:53 pm

Jonathan Agosto

ALBION – A Rochester man who provided a heroin/fentanyl mix that caused several overdoses in Orleans County was sentenced to 5 ½ years in state prison.

Jonathan Agosto, 31, of Rochester on April 23 pleaded guilty to attempted criminal possession of a controlled substance in the third degree. He could have faced up to 8 years in prison.

Orleans County Court Judge Sanford Church sentenced Agosto to 5 ½ years of incarceration on Monday.

Agosto was charged in February with 10 counts of criminal sale of a controlled substance in the third degree, which are Class B felonies.

Law enforcement say Agosto provided a dangerous heroin/fentanyl mixture to about 30 Orleans County residents, resulting in several overdoses in early 2018.

Several law enforcement agencies worked together on search warrants and Agosto’s arrest. The Orleans County Major Felony Crime Task Force, along with the Greater Rochester Area Narcotics Enforcement Team (G.R.A.N.E.T.), the Rochester Police Department and the Albion Police Department executed two search warrants in Rochester.

Police seized numerous bundles of heroin/fentanyl packaged for sale, over an ounce of heroin/fentanyl that was in the process of being packaged for sale, a quantity of cocaine packaged for sale, cash, scales, packaging material and other drug paraphernalia.

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4 are sentenced in County Court for crimes in Orleans

By Tom Rivers, Editor Posted 2 July 2018 at 12:04 pm

ALBION – Four people were sentenced in Orleans County Court last Thursday by Charles Zambito, a Genesee County Court judge who is handling some cases in Orleans.

Rodney L. Scales, 30, of Garson Street in Rochester was sentenced to 3 ½ years in state prison, plus 3 years of post-release supervision.

He was arrested on Jan. 3 after police seized a quantity of crack cocaine that was packaged for sale. Scales was the driver of the vehicle and faced drug possession and sale charges.

He pleaded guilty to attempted criminal possession of a controlled substance. He is a second felony offender.

• A Waterport woman was sentenced to 2 to 4 years in state prison for third-degree burglary. Mary Golding, 53, was sentenced after she failed to complete a drug diversion program. If she had been successful in the program, the felony charge would have been dismissed and she would have avoided incarceration.

She admitted in a previous court appearance to going into a building on North Liberty Street in Albion without permission.

• A Waterport man was sentenced to three years of probation for aggravated unlicensed operation of a motor vehicle in the second degree and misdemeanor driving while intoxicated.

Frederick Lockwood Jr., 54, was arrested on Dec. 31. As part of his sentence, he also has to complete 100 hours of community service.

• A Rochester man also pleaded guilty to attempted criminal sale of a controlled substance in the third degree.

Jahquan E. Coleman, 25, of Selye Terrace faces up to 4 years in state prison when he is sentenced on Sept. 6. He admitted to selling cocaine in Albion on Aug. 30.

• In a case before Judge Sanford Church, an Albion man pleaded guilty to attempted criminal possession of a controlled substance in the fifth degree.

Demetrius Bennett, 39, was charged in January with criminal possession of a weapon in the fourth degree, menacing in the second degree, and criminal possession of a controlled substance in the fifth and seventh degree. He was arrested after he allegedly threatened a man on Washington Street in Albion.

As part of plea deal, Bennett admitted to having cocaine in his possession. He will face up to a year in the county jail when he is sentenced.

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Medina man found guilty of rape, assault

By Tom Rivers, Editor Posted 25 June 2018 at 12:28 pm

ALBION – A jury reached a verdict late this morning in a case against a Medina man facing sexual assault and rape charges.

Gerardo Quiros, 31, of Medina was found guilty of many of the charges. He allegedly held a woman against her will for several weeks, while physically and sexually assaulting her.

The trial started last Monday with closing statements on Thursday. However, the jury didn’t reach a verdict on Thursday or Friday. Jurors resumed deliberations this morning at 9:30 and at about 11:30 the verdict was announced.

Quiros was found guilty of four counts of first-degree rape, three counts of criminal sexual act in the first degree, two counts of criminal possession of a controlled substance in the seventh degree, one count of third-degree assault, one count of endangering the welfare of a child, one count of criminal mischief in the fourth degree, and one count of unlawful possession of marijuana.

He was found not guilty of four counts of criminal sexual act in the first degree, and one count each of criminal possession of a controlled substance in the third and fifth degrees.

He is scheduled to be sentenced at 2 p.m. on Sept. 17.

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Jurors haven’t reached decision yet on Medina man facing assault charges

By Tom Rivers, Editor Posted 23 June 2018 at 3:10 pm

ALBION – Jurors haven’t reached a decision yet in a trial against a Medina man facing sexual assault charges.

Closing statements were completed on Thursday morning and jurors started deliberations after lunch on Thursday. The jurors didn’t reach a consensus on Friday and are to resume deliberations on Monday morning at 9:30 at the Orleans County Courthouse.

The trial started this past Monday in the case involving Gerardo Quiros, 31, of Medina. He allegedly held a woman against her will for several weeks, while physically and sexually assaulting her.

Quiros is facing 24 counts, including seven counts of first-degree rape, 10 counts of criminal sexual act in the first degree, one count of third-degree assault, one count of both criminal possession of a controlled substance in the third and fifth degrees, two counts of endangering the welfare of a child, criminal mischief in the fourth degree, and unlawful possession of marijuana.

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Jurors deliberating in trial against Medina man facing assault charges

By Tom Rivers, Editor Posted 22 June 2018 at 9:42 am

ALBION – Jurors in a trial against a Medina man facing sexual assault charges resumed deliberating at 9:30 this morning.

Closing statements were completed on Thursday morning and jurors started deliberations after lunch.

The trial started Monday in the case involving Gerardo Quiros, 31, of Medina. He allegedly held a woman against her will for several weeks, while physically and sexually assaulting her.

Quiros is facing 24 counts, including seven counts of first-degree rape, 10 counts of criminal sexual act in the first degree, one count of third-degree assault, one count of both criminal possession of a controlled substance in the third and fifth degrees, two counts of endangering the welfare of a child, criminal mischief in the fourth degree, and unlawful possession of marijuana.

Quiros has been in the county jail after his bail was revoked in January by Judge Sara Sheldon.

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Former Brockport kindergarten teacher sentenced to 13 years in prison for child pornography

Posted 14 June 2018 at 8:53 pm

Press Release, United States Attorney’s Office – Western District of New York

ROCHESTER – U.S. Attorney James P. Kennedy, Jr. announced today that Roland Yockel, II, 31, of Hilton, who was convicted of receipt of child pornography, was sentenced to serve 13 years in federal prison and 15 years of supervised release by U.S. District Judge Elizabeth A. Wolford.

The defendant was also ordered to pay $7,200 in restitution to victims and he will have to register as a sex offender upon his release from prison.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Yockel was employed as a full-time kindergarten teacher in the Brockport Central School District and also held positions with the Town of Hamlin Recreation Department as a summer youth camp counselor, program assistant, health director, and camp coordinator. The defendant traded, received, and possessed approximately 6,000 images and videos of child pornography, including child pornography that depicted the sexual abuse of infants and toddlers.

In July 2017, the defendant was identified by Homeland Security Investigation (HSI) Special Agents in Phoenix involved in an ongoing child pornography probe with investigators from New Zealand. That investigation identified individuals who utilized the Internet based application “Chatstep.com” to receive and distribute child pornography.

On November 21, 2017, during the execution of a search warrant at Yockel’s Hilton home, Homeland Security Agents seized multiple devices from the defendant’s bedroom, which were later analyzed and found to contain recovered approximately 5,500 images and 247 videos of child pornography. Agents further discovered that Yockel engaged in online chats with other individuals trading child pornography in which the defendant pretended to be the father of two prepubescent girls. In those conversations, Yockel offered to allow other child pornographers to have sex with his supposed daughters, and talked about having sex with the other individuals’ children.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Richard Allen, and the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen.

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2 from Medina charged for selling prescription opiates, marijuana candies

Staff Reports Posted 14 June 2018 at 2:36 pm

MEDINA – Two people from Medina were charged on Wednesday after an investigation into the sale and distribution of prescription opiates and edible marijuana  candies, the Orleans County Major Felony Crime Task Force reported.

Jeremy L. Lonnen

The Task Force worked with the Medina Police Department and ICE/Homeland Security Investigations to execute a search warrant at 715 South Main St, lower apartment, in Medina.

Police seized a quantity of prescription opiates (hydrocodone), a quantity of edible marijuana chocolate, edible marijuana gummy bears, a quantity of THC oil (delta-9-tetrahydrocannabinol)-(a controlled substance), numerous molds for making the marijuana candy, marijuana and other drug paraphernalia.

The marijuana edibles are made with THC oil extracted from the marijuana plant, which is the most potent form of marijuana called THC (delta-9-tetrahydrocannabinol), the Task Force said. This oil is then mixed with sugar, water and corn syrup, cooked and poured into molds. it is also added to chocolate and into baked goods.

The following have been charged:

Nakeisha A. Colf

Jeremy L. Lonnen, 27, of 715 South Main St., lower apartment, Medina, who has been charged with1 count of criminal sale of a controlled substance in the fifth degree and 1 count of criminal possession of a controlled substance in the fifth degree, both class D felonies.

Nakeisha A. Colf, 23, of the same address has been charged with 1 count of criminal sale of a controlled substance in the fourth degree, a class C felony, and 1 count of criminal possession of a controlled substance in the fifth  degree, a class D felony.

Lonnen and Colf were arraigned in the Shelby Tow Court by Town Justice Dawn Keppler. Lonnen was committed to the Orleans County Jail on $50,000 cash bail or $100,000 bond. Colf was committed to the jail on $25,000 cash bail or $50,000 bond. They are to return back to the Shelby Town Court on June 19 at 1 p.m.

This investigation is ongoing, and further charges will be filed pending lab results, the Task Force said.

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Medina man sentenced to 4 ½ years in prison for burglary

By Tom Rivers, Editor Posted 11 June 2018 at 5:01 pm

ALBION – A Medina man was sentenced to 4 ½ years in state prison and 5 years of post-release supervision after he pled guilty to attempted burglary in the second-degree.

Jerry Gray, 45, was arrested on July 26 and charged with eight counts of grand larceny in the fourth degree, burglary in the second degree, petit larceny and criminal possession of stolen property in the fourth degree.

District Attorney Joe Cardone said Gray entered the house of an elderly couple during the night and took a television, purse and other belongings.

He accepted a plea deal for attempted burglary in the second degree. Gray has five prior felonies, five failures to appear in court and has had his probation and parole revoked. Because he has prior felonies, the prison maximum was up to 5 years.

His attorney, Jon Ross Wilson, said Gray’s criminal history has been driven by drug and mental health issues. Gray had a drug relapse and stole items to buy drugs, Wilson said.

Gray apologized for the crime and said he takes responsibility for it and looks forward to getting help in prison. While in the county jail he completed a drug treatment program through the Genesee-Orleans Council on Alcoholism and Substance Abuse.

Judge Sara Sheldon gave Gray a slight break in the sentence at 4 ½ years.

In other cases in County Court today:

• Judge Sheldon said a trial will start on June 18 for the case involving Gerardo Quiros, 31, of Medina. He allegedly held a woman against her will for several weeks, while physically and sexually assaulting her.

Quiros is facing 24 counts, including seven counts of first-degree rape, 10 counts of criminal sexual act in the first degree, one count of third-degree assault, one count of both criminal possession of a controlled substance in the third and fifth degrees, two counts of endangering the welfare of a child, criminal mischief in the fourth degree, and unlawful possession of marijuana.

Quiros remains in the county jail after his bail was revoked in January by Judge Sheldon. Jurors will be picked on Monday, Sheldon said.

Jason Schmeer, 37, of Brockport was to be sentenced for fourth-degree grand larceny for taking a credit card. He has agreed to pay $485 in restitution. However, he failed to appear during sentencing. Judge Sheldon issued a warrant for his arrest.

He faces a split sentenced of up to six months in jail and five years of probation when he is sentenced.

• The judge set bail at $50,000 cash and $250,000 bond for Robert Tetrault, 37, of Albion. He faces charges of predatory sexual assault against a child after he allegedly had sexual intercourse and committed another sex act against a child.

Tetrault allegedly committed the crimes against a child, ages 9 to 10, from January to July 2012.

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Former deputy gets no jail and can no longer be police officer

By Tom Rivers, Editor Posted 11 June 2018 at 3:59 pm

Covis sentenced for petit larceny for ‘double dipping’

ALBION – A former Orleans County sheriff’s deputy was sentenced this afternoon for petit larceny and falsifying business records. Dean Covis won’t have to go to jail or be on probation. He also can’t work again as a police officer, Sara Sheldon, an interim County Court judge, said today during sentencing.

Dean Covis

Dean Covis

Dean Covis last July was indicted on felony grand larceny in the third degree he and another deputy, Tom Marano, were accused of falsifying time sheets when they were hired for security by Brookfield Renewable Energy Partners, which operates a hydroelectric plant in Waterport.

Covis and Marano on Feb. 26 both pleaded guilty to petit larceny and falsifying business records. Marano will be sentenced next Monday.

Covis, 53, admitted to filing false time sheets for about 690 hours at Brookfield from approximately Nov. 26, 2013 to Jan. 3, 2015. Covis has paid $12,915 in restitution.

Covis in court today said he has been committed to the community his whole life. Besides working as a law enforcement officer, he has been an active firefighter, and was a former volunteer fire chief for Albion.

“I’m a hometown guy,” Covis told Judge Sheldon. “I love the county. I’ve tried to help others.”

Covis said he is highly trained in law enforcement and “went above and beyond.” He was promoted to the level of sergeant in the Orleans County Sheriff’s Office.

He is currently working a part-time job at minimum wage. He told the judge he looks forward to working full-time to get caught up on his bills and to take care of his family.

Lawrence Friedman, the district attorney in Genesee County, served as special prosecutor for the case. He noted probation and the state police investigator didn’t request jail or probation for Covis. Friedman, however, asked for jail and also that Covis not work again in law enforcement. Friedman said he agreed with a letter submitted to the court from Chuck Nesbitt, the county’s chief administrative officer, who said Covis had violated a “public trust” with the crime.

Judge Sheldon didn’t believe jail or probation was necessary, but she said Covis will have to find a new career outside of law enforcement.

“When you’re a police officer you’re held to a higher standard,” she said. “You were caught double-dipping, which is a crime. I don’t think you should return to being a police officer because you have disgraced that organization, as well as yourself.”

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Judge weighs whether sex offender should be level 2 or 3

By Tom Rivers, Editor Posted 1 June 2018 at 8:58 am

ALBION – The point system for determining whether a sex offender should be level 2 or 3 says a Medina man should be at the lower level of 2.

However, Patrick Sewar, 26, had multiple victims who were children, and that prompted a Genesee County judge to deem Sewar a Level 3 offender on Wednesday.

Sewar was convicted of sex abuse charges in both Orleans and Genesee counties. He will be released next month from the Wyoming Correctional Facility after serving four years of a five-year prison sentence.

As part of his impending release, Sewar is evaluated through the Sex Offender Registration Act to determine his level.

The state Board of Examiners suggested that Sewar be a Level 2 offender based on a point system. Joanne Best, the public defender in Orleans County, asked County Court Judge Sanford Church on Thursday to have Sewar be a Level 2 offender. Sewar while in prison learned strategies to fight his sexual urges.

District Attorney Joe Cardone asked for the Level 3, saying Sewar used sex as a coping mechanism and displayed “escalating behavior.” One of the victims was subjected to years of abuse by Sewar, Cardone said.

However, in that case Sewar’s conviction was a misdemeanor because several years elapsed from when the abuse occurred and when he was charged. He was also 15 at the time when he sexually assaulted a 6-year-old child in 2006. He was sentenced to 90 days in jail and determined to be a Level 2 offender.

It wasn’t long after the misdemeanor conviction that Sewar was charged in Genesee County and accused of molesting a child under 11 at Darien in July 2013.

Sewar’s actions in the cases all fall below a Level 3 offender, Best said. She urged the judge to follow the point system in determining the levels.

“To say somehow the formula is incorrect and there should be a departure I don’t believe that is appropriate in this case,” Best told Judge Church.

A Level 2 offender has a moderate risk of reoffending while a Level 3 is considered to be a high risk. The higher the level, the more monitoring and more information that has to be provided to the community about the sex offender, although both Level 2 and Level 3 offenders are listed on a website.

Sewar said he plans to live at the Holley Hotel when he is released from prison and wants to get a job.

Judge Church said he will review the case and make a decision by late June.

In other cases in County Court on Thursday:

• A Medina resident is being held without bail while awaiting sentencing for criminal possession of a weapon in the second degree. Patrick Casanova, 24, was to be sentenced on June 21 but that has been moved back to Aug. 2.

The probation department wasn’t able to work on a presentencing report because Casanova failed to go to appointments with the probation staff.

His attorney, Public Defender Joanne Best, said Casanova wasn’t living at the Niagara Falls address where mail was sent by probation. He also has lived on North Main Street in Medina. Casanova couldn’t be reached by phone because his phone is being held by the Medina Police Department.

He faces the weapons charge after allegedly discharging a gun on Dec. 10, 2017 at O’Brien’s Tavern on Main Street. Casanova wasn’t targeting anyone when he fired the gun into the ceiling, police said.

Casanova has been incarcerated since May 13 when he allegedly was involved in a knife fight on Church Street in Medina with his brother, Cardone told the court. When Casanova was taken into custody by police, he allegedly kicked the window in the police car, causing damage, Cardone said. Casanova hasn’t been charged for the latest incident in Medina.

Judge Church told Casanova to go to any appointments and cooperate with the probation department before the sentencing on Aug. 2.

• A Kendall man admitted violating conditions of his probation and could be sentenced to 1 to 3 years in state prison as part of a plea deal. Steven Gregory, 27, of Kendall Road is on probation after being convicted of driving while ability impaired by drugs in Livingston County in 2017.

On March 6, he was charged with driving while intoxicated in the Town of Greece with a Blood Alcohol Content of 0.17 percent, more than double the legal amount. Gregory also was found to have violated terms of his probation by driving without a license, driving without an interlock ignition device and consuming vodka.

Judge Church found Gregory committed substantial violations to his probation. Gregory will be sentenced on July 9 and will face a maximum of 1 to 3 years in prison.

• The judge set bail at $25,000 for an inmate at the Albion Correctional Facility facing charges of promoting prison contraband in the first degree.

Amanda Steurrys allegedly had suboxone mailed in a greeting card to prison. She was charged on April 2. She is currently serving a 1 to 3 year sentence for criminal contempt in the first degree. She is from Wayne County.

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