ALBION – Orleans County Court Judge Sanford Church ruled last week that statements made by Noah Magee to State Police are admissible as his case heads to trial.

Magee has been charged with second-degree murder in a fatal Barre crash on Feb. 8.

Police say 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’s lawyer Paul Vacca Jr. asked that the statements from Magee, made over a five-hour time line, not be admissible.

Church said the statements to Investigator Steven Papponetti were made voluntarily and after Magee was given a Miranda warning that he had the right to remain silent, that any statement he makes may be used as evidence against him, and that he has a right to the presence of an attorney.

Papponetti, during a Huntley hearing last week, said Magee was cooperative at the scene, during a ride to Medina Memorial Hospital for a blood drive, and then at the interview room at the State Police barracks in Albion. (The blood draw showed no signs of alcohol or impairment from drugs, Papponetti said.)

Papponetti said Magee said told the investigator he made a wide turn from Angevine to McNamar Road at about 4:05 p.m. Magee said he tried to overcorrect and the vehicle swerved towards Kingdollar, which the handlebar catching the front fender on the driver’s side of a 2006 Chevrolet Silverado.

Magee said he left the scene because he was scared someone told him they were going to kill him, Papponetti said in testimony. Kingdollar was operating a dirt bike while on a ride with two friends on four-wheelers.

Magee’s sister brought Magee back to the scene. Papponetti took him by state police vehicle to Medina Memorial and the State Police barracks. While in the police vhicle, Papponetti said he and Magee discussed “normal life stuff,” including some of Magee’s hobbies and what he likes to do in his free time.

Magee wasn’t under arrest when he went to the State Police barracks. Vacca asked Papponetti when the determination was made to charge him with a crime.

“Wouldn’t you say this was an automobile accident and not a murder?” Vacca asked Papponetti during the hearing. “I’m still puzzled how you could charge him with this horrendous crime.”

District Attorney Joe Cardone said a video from a neighboring house was a factor in the charges, which initially were reckless endangerment 1st degree (D felony), leaving the scene of a fatal motor vehicle accident (D felony) and other vehicle and traffic infractions.

The charge was elevated on June 12 to second-degree murder when Magee was arraigned in County Court.

Magee also gave police consent to search his cell phone on Feb. 8, and then recanted that permission. Papponetti said the phone was never searched by police. Papponetti said police wanted to check it to see if it would indicate why he left the scene or if he was on his phone during the collision.

A trial in the case is scheduled to start on Nov. 13 with juror selection to start that morning.

ALBION – Two people were sentenced to state prison today by Orleans County Court Judge Sanford Church.

Gerald Bradley, 40, was an inmate in the Orleans Correctional Facility when he had fentanyl in the prison. He has since been transferred to Upstate Correctional Facility in Malone.

He was sentenced to an additional 2 ½ years in state prison. His attorney, James Egan, said Bradley is a good guy but struggles with a substance abuse problem.

Brandon Eldridge, 36, of Albion was sentenced to 1 to 3 years in state prison for criminal contempt in the first degree for violating an order of protection. He allegedly got in an argument with a woman and shoved her. He wasn’t supposed to have any contact with her. The judge issued a new order of protection for the woman for the next eight years.

Also in the court today, two people pleaded guilty and will likely face incarceration when they are sentenced.

Sterling Carter of Monroe County pleaded guilty to attempted prison contraband for trying to bring ceramic razor blades into the Orleans Correctional Facility on June 12, 2023.

Carter is a second-felony offender and will face a maximum of 1 ½ to 3 years in prison when he is sentenced on Jan. 8.

Jennifer Sportsman, 49, of Clarendon admitted to probation violations and could face up to eight months in the county jail when she is sentenced on Nov. 13. She has been on probation for criminal possession of stolen property. She admitted to having 2 ounces marijuana and bringing it to a state prison in Franklin County, where she is facing charges of promoting prison contraband.

MEDINA – A Medina man pleaded guilty in Orleans County Court today to criminally negligent homicide, admitting to driving at a high rate of speed and through a stop sign in an accident that resulted in the death of Gabriel J. Casanova, 19, on June 25, 2023.

Rashawn Bloom, 20, was driving a 2009 Lincoln Navigator with three other passengers at about 2:30 a.m. They had just left a bonfire on East Countyhouse Road when District Attorney Joe Cardone said Bloom drove off at speeds topping 85 miles per hour. He also went through the stop sign at Countyhouse Road and Route 98 and then lost control of the vehicle on West Countyhouse Road. The vehicle overturned multiple times.

Casanova died from blunt force trauma to the head and other parts of his body, Cardone said in court today.

Bloom was charged by State Police in April for first-degree reckless endangerment, a D felony with a maximum sentence of seven years in state prison.

Bloom agreed to a plea deal today with the District Attorney’s Office, where he will face a split sentence of six months in the county jail and five years of probation. He will be sentenced on Nov. 25.

County Court Judge Sanford Church went over the meaning of criminally negligent homicide, where a person creates a substantial risk by being reckless, inattentive or careless, leading to the death or another person. The defendant faces this charge shows a “gross deviation from the standard of care by a reasonable person,” Church said.

Bloom was released on his own recognizance at the town court level, before the case was moved to County Court. Judge Church decided to set bail at $1,000 cash or $2,500 bond.

ALBION – A Batavia woman pleaded guilty in Orleans County Court this morning to attempted assault in the second-degree.

Katelyn Jimenez, 31, admitted in court to having a machete on June 2 and attempting to cause physical injury with a machete. She could face a maximum of 1 to 3 years in state prison when she is sentenced in about two months.

Jimenez was charged on June 2 when a man, age 32, was unconscious and bleeding from a laceration to the back of the head at Heritage Meadows Apartments in Carlton.

Jimenez was charged with second-degree assault, criminal possession of a weapon in the fourth degree and criminal impersonation in the second degree.

She pleaded guilty to a reduced charge today in court. As part of her sentencing, Judge Sanford Church said he would consider a treatment court option for Jimenez. She remains in Orleans County Jail on bail of $10,000 cash, $50,000 bond and $100,000 partial secured bond.

In other cases in County Court today:

• Andria Meiers, 51, of Medina pleaded guilty attempted insurance fraud in the second degree. She allegedly claimed a burglary caused $7,800 in damages to her residence and attempted to file a proof of loss statement with an insurance company for $7,800.

She will be sentenced on Nov. 6 and faces a maximum of 1 1/3 to 4 years in prison.

• Mitchell Gardner, a former inmate at Orleans Correctional Facility in Albion, was arraigned for aggravated harassment of an employee by an inmate.

Gardner, 22, allegedly threw urine at a corrections officer in the Albion prison on Dec. 20, 2023. He is now an inmate at the Attica Correctional Facility.

• Caitlyn Collins, 33, was arraigned for second-degree assault. Collins was an inmate at the Albion Correctional Facility on Feb. 20 when she allegedly struck a corrections officer in the face, and that officer then fell into a wall. Collins is now an inmate at Beford Hills Correctional Facility.

Two people also were sentenced in County Court last week on Sept. 4:

• Christian Strickland, 25, of Medina was sentenced to 1 to 3 years in state prison for aggravated unlicensed operation of a motor vehicle and driving while intoxicated. He was charged on Dec. 21.

Strickland also will have his driver’s license suspended for six months and must use an inter-lock ignition device that measures his blood alcohol content for three years when he is released from prison.

• Edward Ruckdeschel, 62, of Batavia was sentenced to 3 to 6 years in state prison for a string of break-ins in Carlton.

The time for third-degree burglary will be served concurrently as part of a sentence in Genesee County for car thefts.

ALBION – Orleans County Court Judge Sanford Church sentenced a Medina man to 364 days in the county jail this morning for felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

Lawrence Miller, 31, was charged after a rollover accident on June 25, 2023 on Maple Ridge Road.

The judge also revoked Miller’s license for a year and said he will need to use an interlock-ignition device for a year when he starts driving again.

In other cases:

• An Albion man was sentenced to 10 years probation for a criminal sexual act and sexual abuse, as well as endangering the welfare of a child. He allegedly had sexual contact with an underage girl.

The man, now 22, was a juvenile when he committed the crime. The judge gave him youthful offender status. His name shouldn’t be published.

He is receiving treatment and has no other criminal history, the judge said.

• Andre Coley, 33, of Albion was arraigned for charges of second-degree strangulation, third-degree menacing and fourth-degree criminal mischief.

The judge kept bail at the $1,000 set in town court and issued an order of protection for the victim in the case.

• Bradlee Pescara, 32, of Lyndonville pleaded guilty to criminal contempt in the second degree for having contact with a woman who had an order of protection against him. He will be sentenced on Nov. 1.

• Arthur Dukes of Medina was sentenced to weekends in jail for a month and a year of probation for attempted assault in the third-degree.

ALBION – A man who was in a brief standoff in Shelby with law enforcement on May 1 was arraigned in Orleans County today.

Jacoun Harden, 38, was arraigned for violating his probation, and then several charges from the Shelby incident including criminal possession of stolen property in the fourth degree (firearms), criminal possession of controlled substance in the second degree (narcotic drug at 4 ounces or more), criminal possession of controlled substance in the third degree, criminal possession of a weapon in the third degree, criminal possession of a controlled substance in the seventh degree, and unlawful possession of cannabis (more than 3 ounces).

District Attorney Joe Cardone said he was prepared to offer Harden a plea deal that would cap his sentence in state prison at 8 years, and also satisfy the punishment for violating probation.

Harden pleaded not guilty today. Judge Sanford Church continued the bail at $5,000 cash and $10,000 bond for the new charges. However, Harden is being held in jail for violating his probation. The probation violation is on the charge of criminal possession of a weapon in the 2nd degree (loaded firearm).

Harden was in a brief standoff on may 1 when law enforcement went to execute a bench warrant Harden after he didn’t show up in Orleans County Court.

Orleans County Sheriff’s deputies, county probation officers and State Police went to serve the bench warrant to Harden at his residence on West Shelby Road.

The law enforcement officers saw a loaded Smith and Wesson 9mm pistol on the floor and drug paraphernalia. Harden allegedly ran to the upstairs of the residence to hide and refused to come out.  The Orleans County Special Response Team was activated and responded to the location.

After a brief stand-off Harden gave himself up to the S.R.T. and he was taken into custody.

Medina man says he intends to file lawsuit against county

ALBION – A higher court has dismissed the charges against a Medina man, siding with his claims that a special prosecutor was improperly appointed.

Dino Callara, 56, of Medina was convicted of a jury of grand larceny in the fourth degree and two counts of petit larceny on Feb. 22, 2022.

He served 24 months of incarceration in the county jail and state prison.

However, he contended the special prosecutor, Anthony Bruce, did not have jurisdiction in the case because Bruce does not live in the county or have an office in an adjacent county.

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department issued a decision on July 26, agreeing with Callara and his attorney, Kerry A. Conner, that the case should be dismissed.

Callara was in Orleans County Court this morning before Judge Sanford Church, who held off on dismissing the case today but said he would likely do so on Friday.

Conner said it is “routine” for county court judges to dismiss cases after decisions from the Fourth Judicial Department in favor of a dismissal.

Bruce spoke at court today and said he doesn’t agree with the Fourth Judicial Department decision. He asked Church to hold off on dismissing the indictment, with Bruce saying the decision was made “with prejudice.”

Church said it would be “double jeopardy” to bring the charges again after Callara’s case already went before a jury.

Bruce said he wanted more time to state his argument for objecting to the decision. Bruce, a long-time federal prosecutor, lives in Orchard Park and lists 39 Ellicott St. in Batavia as an office in Genesee County, which is contiguous to Orleans.

Callara said after court that he intends to sue the District Attorney’s Office and County Court for its handling of his case. His attorney tried to argue Bruce didn’t have jurisdiction because his office in Batavia wasn’t set up or being used at the time of Callara’s court case.

Conner, an attorney with the Legal Aid Bureau of Buffalo, said the defense should be the one to seek a stay to argue an appeal, not the prosecution.

“The Fourth Department’s decision is equivalent to an acquittal,” Conner said in court. “There is no reason not to dismiss.”

Judge Church acknowledged he hasn’t faced this issue yet as a judge, with a decision from the Fourth Judicial Department to dismiss the indictment. He said he will do more research and expects to dismiss the case in a written decision on Friday.

ALBION – Two people were sentenced to state prison today by Orleans County Court Judge Sanford Church.

David Brege, 37, of Medina, was sentenced to five years in prison, the maximum sentence as part of a plea agreement.

Brege 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 received 5 years in prison for the drug charge, 2 ½ to 5 years for the weapons charge and 364 days in jail for the DWAI. The sentences will be served concurrently or a maximum of 5 years.

Michael R. Bauer, 38, was sentenced to 2 to 4 years in state prison for third-degree burglary. Bauer admitted in court previously 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, formerly of Albion, 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.

Bauer apologized today for the burglary at the liquor store. He said the crime was fueled by a drug addiction problem.

“I know what I did was wrong,” he told Judge Church. “I was badly into drugs.”

Three other people also pleaded guilty in court today.

• Edward Dunn, 38, of Middleport pleaded guilty to third-degree burglary and could face a maximum of 2 ½ to 5 years in prison when he is sentenced on Oct. 2. As part of a plea deal the maximum sentence was reduced from 3 ½ to 7 years in prison.

Dunn, who has been convicted of a previous felony, acknowledged he went to a laundromat in Lyndonville on March 13, and entered a room that is off limits to the public. Dunn said he broke into the room with the change machine to get that money, knowing it wasn’t open to the public.

• Joshua Smith of Byron pleaded guilty to third-degree burglary and second-degree menacing. Smith entered a Clarendon gas station and convenience store on April 30 even though he was told repeatedly to stay out of the building by the owner.

Smith entered with a crowbar and threatened to harm the owner of the business. Smith faces up to 6 months in the county jail and five years probation when he is sentenced on Oct. 2.

• Ronald Lindsey, 41, of Holley pleaded guilty to second-degree attempted assault and faces up to six months in the county jail and five years probation when he is sentenced on Oct. 2.

Lindsey admitted in court today t0 punching his wife several times in the face on April 19 and causing injuries.

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.