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Ricks pleads guilty to manslaughter for assault of child in 2002

By Tom Rivers, Editor Posted 2 January 2020 at 10:19 am

DeVante Boston lived 15 1/2 years with severe disabilities before his death at age 20 in 2017

David Ricks

ALBION – A former Medina man pleaded guilty this morning to manslaughter in the first degree.

David Ricks, 41, admitted in court today he picked up a 4-year-old boy, DeVante Boston, and threw him to the floor in May 2002 after an argument with the boy’s mother about disciplining the child. Ricks was 24 at the time and was the boyfriend of DeVante’s mother.

“I took him from his mother and threw him to the floor,” Ricks told Judge Matthew Murphy of Niagara County, who is handling the case.

DeVante was never the same after that. He would live 15 1/2 years in a vegetative state. He 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.

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 was released from state prison this summer after serving nearly 17 years after being convicted of first-degree assault in 2003.

He has been in the Orleans County Jail since his release from prison. He is being held without bail.

As part of a plea agreement today, he will face up to 25 years for the charge of manslaughter in the first degree. The nearly 17 years in prison will count toward that sentence so Ricks could face up to 8 years more in prison.

He was arraigned in County Court on May 22 for second-degree murder, for causing the severe injuries that led to the death of DeVante. With that charge, Ricks faced 25 years to life in prison.

As part of the plea today, Ricks agreed to not appeal the sentence.

A delayed death provision allows for murder charges to be filed when a person assaulted dies after the perpetrator is convicted of a lesser crime. District Attorney Joe Cardone said it is used in court, typically in cases where a death wasn’t long after a conviction for an assault charge.

The DA said Ricks recklessly caused the injuries, forcing DeVante to be severely disabled the rest of his life. And those injuries ultimately led to DeVante’s premature death, Cardone said.

Ricks is scheduled to be sentenced at 9 a.m. on March 2.

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Courthouse entrance will change next week to rear, ground entrance

By Tom Rivers, Editor Posted 24 December 2019 at 1:50 pm

Photos by Tom Rivers

ALBION – The front entrance of the Orleans County Courthouse is shown today at about noon. The courthouse was built in 1858.

The state Unified Court System, Eighth Judicial District, is changing the main entrance to the building. Beginning Jan. 1, the front of the building will be closed to the public, who will instead need to enter through a rear, ground entrance.

The front entrance facing East State Street has tall steps and isn’t handicapped accessible.

The public on Jan. 1 will need to enter the Orleans County Courthouse from the doors through the County Clerks Building, which is next to the courthouse, on East Park Street.

That entrance takes people through a security screening and then to an elevator in the basement of the courthouse. That elevator goes to the second and third floors, where there are courtrooms.

“The relocation of the public entrance will enhance security screening and allow for greater ease of public access to the Court,” the Eighth Judicial District said in a news release.

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Albion man gets year in jail for intentionally damaging another person’s car

By Tom Rivers, Editor Posted 23 December 2019 at 5:10 pm

ALBION – An Albion man was sentenced to a year in the Orleans County Jail last week for intentionally damaging another person’s car on April 19 and causing $2,000 in damage.

Patrick Allen, 37, pleaded guilty to criminal mischief in the third degree on Oct. 17. He needs to pay $2,000 in restitution. He was sentenced by County Court Judge Sanford Church.

In other cases:

Coty Read, 28, of Albion pleaded guilty to attempted criminal possession of a weapon. He was discovered with a loaded .22-caliber handgun in October. He was stopped by law enforcement after he failed to stop at a traffic light.

Read admitted in court last Thursday to having the gun. He faces up to a year in jail when he is sentenced on March 12. He is currently free on $25,000 bail.

Kristen DeMay, 31, of Rochester pleaded guilty to petit larceny for stealing makeup, clothing and other items from the Albion Walmart in June 2018. She allegedly took the items despite there being an order for her to stay away from Walmart stores.

She could be sentenced up to 364 days in jail when she is sentenced on March 12.

Deon Jackson, 20, of Medina was arraigned on two counts of burglary in the first degree, one count of robbery in the first degree, one count of grand larceny in the fourth degree, and one count of criminal possession of a weapon in the fourth degree.

He allegedly entered a Medina residence without permission on July 3 with a BB pistol, and took $1,700 in cash.

Jackson is in the county jail on $50,000 cash bail.

Brooke Maynard, 19, of Albion was arraigned for criminal possession of marijuana in the second degree. She and a codefendant – Jacob Twardowski, 19, of Albion – allegedly had 19 ounces of marijuana. No bail was set for Maynard.

Kelly Rados, 43, of Medina was arraigned on two counts each of forgery in the second degree, criminal possession of a forged instrument in the second degree, and offering a false instrument in the first degree.

Rados allegedly forged a bill of sale for a vehicle and a Department of Motor Vehicles form. She has been released own her own recognizance.

Jared Brannan, 35, of Albion was arraigned on one count of grand larceny for allegedly stealing $1,400 worth of merchandise from the Albion Walmart.

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2 from Holley sentenced to state prison for overdose death

By Tom Rivers, Editor Posted 19 December 2019 at 2:32 pm

ALBION – Two people who had a role in the overdose death of a Clarendon man on June 1 were each sentenced to up to 4 years in state prison today by Orleans County Court Judge Sanford Church.

Logan DiPilato, 28, and Kelly Hagberg, 31, of Holley were sentenced for criminally negligent homicide (1 ½ to 4 years in state prison) and criminal possession of a controlled substance in the fifth degree (2 ½ years in prison). The sentences will be served concurrent or at the same time.

District Attorney Joe Cardone told the judge that prison was warranted in the case due to the defendants putting fentanyl into the community, knowing the drug was highly dangerous. Cardone said their actions were “reckless.”

Hagberg admitted to providing fentanyl to DiPilato, who then sold four bags of it to Mark Kinsey, 35, which resulted in a fatal overdose.

“I’m so sorry for what my actions have done,” Hagberg said at her sentencing this afternoon in County Court. “If I could take it back I would.”

Hagberg said she has been sober the past five months and that time has shown her just how destructive her lifestyle was.

Logan DiPilato also apologized during his sentencing in the morning. He said he has been battling drug addiction for several years.

“Absolutely I feel so regretful for my actions against Mark Kinsey and his family,” DiPilato said at sentencing. “There is nothing I can say to bring rest to his family.”

Public defender Joanne Best said DiPilato has felt the pain of losing a loved one to an overdose. His brother, Dylan DiPilato, was 31 when he died suddenly on April 11.

Both Logan DiPilato and Hagberg have no prior felony convictions. Best, the public defender, said Logan is determined to break the cycle of addiction.

“He has always been extremely empathetic and sympathetic,” Best said about his remorse for Kinsey’s death.

Leigh Kinsey and her husband Chuck Kinsey are Mark’s parents. In a statement to the court, Mrs. Kinsey said Hagberg and DiPilato both deserve a life sentence in prison.

She said the loss of their son has been devastating to his parents, siblings, friends and the community.

Mark had returned home with his parents the last five weeks of his life while in recovery.

“He had many personal struggles and challenges over the 35 years of his life, and he was in recovery and finding a new direction for his life,” Mrs. Kinsey said. “He was not using, he was gaining weight and working a steady job as a cook.”

She said Hagberg and DiPilato knew Mark was vulnerable, trying to fight his addiction.

“We are all part of the community of recovery from substance use disorder,” Mrs. Kinsey said. “No one is exempt. This is a national epidemic, well publicized in the news. Each one of us has a responsibility to help each other in recovery. To take advantage of someone in recovery by selling them fentanyl is a betrayal of that responsibility and the community.”

She called it murder to sell fentanyl disguised as heroin to someone struggling to maintain his recovery.

“Our family has a life sentence – a life without our dear Mark, his precious smile, infectious laugh, and loving heart,” she said. “There is not been a day since June 1, 2019 where he have not grieved and cried. We are in grief counseling and will continue to be for a long time. This is our sentence.”

Judge Church gave Hagberg and DiPilato the maximum through a plea deal, rebuffing a suggestion from Best for a sentence of probation or the Willard drug treatment program in the state prison system.

“You knew it was fentanyl and you knew it was dangerous,” the judge told DiPilato. “There has to be penalties for this conduct especially when it leads to someone’s death.”

The judge had similar words for Hagberg, faulting her for putting a lethal drug in the community.

In addition to the prison sentence, DiPilato and Hargberg will both have 1 year of post-release supervision.

The Kinseys also asked for $12,000 in restitution for their son’s funeral expenses. That request was withdrawn because Judge Church said the request for restitution wasn’t made as part of the plea agreement on Oct. 17.

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Albion man faces 24-count indictment for rape, criminal sex acts

By Tom Rivers, Editor Posted 13 December 2019 at 2:52 pm

ALBION – An Albion man was arraigned in Orleans County Court on Thursday on a 24-count indictment that includes multiple counts of rape and criminal sex acts.

Jarred Hodgins, 32, allegedly had sex with a girl under the age of consent. He was arraigned on two counts of second-degree rape, 10 counts of third-degree rape, two counts of criminal sex act in the second degree, and 10 counts of criminal sex act in the third degree. He also has been charged with one count of endangering the welfare of a child.

Judge Sanford Church set bail at $20,000, which Hodgins has already posted from a lower town court.

Other people arraigned in court on Thursday include:

Tashira Allee, 36, of Medina for criminal possession of stolen property in the third degree for allegedly having two ATVs, three trailers, a golf cart and a dirt bike that weren’t hers. Her husband, Anthony Allee, is a co-defendant in the case.

Mr. Allee also is facing federal charges. He has been charged with possession with intent to distribute, and distribution of, marijuana, hydrocodone, and cocaine, unlawful possession of a machine gun, and unlawful possession of a stolen firearm, which carry a mandatory minimum penalty of 30 years in prison and a maximum of life.

Dakota Baker, 24, of Albion who was arraigned for criminal mischief for allegedly causing about $7,000 in damage to an apartment on West State Street.

Arthur Draper, 48, of Lyndonville who was arraigned for grand larceny in the third degree for allegedly collecting more than $8,000 in unemployment benefits he wasn’t entitled to through the state Department of Labor.

Jacob Twardowski, 19, of Albion who was arraigned for criminal possession of marijuana in the second degree for allegedly having 19 ounces of marijuana.

Jason Pullen, 35, of Rochester who was arraigned for grand larceny in the fourth degree for allegedly stealing a trailer.

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Medina man sentenced to 5 years in prison after injuring infant son

By Tom Rivers, Editor Posted 12 December 2019 at 2:06 pm

ALBION – A Medina man was sentenced to five years in state prison today by Orleans County Court Judge Sanford Church.

Erik Warren, 30, of Ridge Road was given the maximum sentence as part of a plea agreement for reckless endangerment of a child.

Warren allegedly shook a month-old baby and dropped the baby on the floor in February, causing brain damage. The child suffered a traumatic brain injury with vision and hearing impairments, Judge Church said. The boy is in foster care and continues to receive medical treatment.

Warren apologized for his actions.

“I realize I have failed as a father, as a man and most importantly as a human being,” Warren said at sentencing. “I’m hoping for a second chance to be a wonderful father.”

Warren has taken anger management classes and maintains a full-time job.

“He is trying to improve himself and his financial situation,” said Joanne Best, the public defender.

She said the baby has made progress, by gaining weight and responding to visual stimulation.

Judge Church said the child suffered a very serious brain injury and remains in “a life-threatening situation.”

The judge said he was also puzzled why Warren went on national television show with The Steve Wilkos Show and denied he hurt the child.

The judge’s sentence also includes three years of post-release supervision. Church also issued an order of protection for eight years for the child when Warren is released from prison.

As part of the plea deal, Warren won’t face more serious charges if the child ultimately doesn’t survive the injuries.

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Albion corrections officer pleads guilty to criminal sex act with inmate

By Tom Rivers, Editor Posted 12 December 2019 at 11:47 am

ALBION – A corrections officer at the Albion Correctional Facility pleaded guilty today to a criminal sex act with an inmate and faces a maximum to six months in jail and five years of probation.

David F. Stupnick, 26, of Medina allegedly had inappropriate sexual relations with two female inmates at the Albion Correctional Facility. He admitted to receiving oral sex from an inmate and pleaded guilty to one count of criminal sex act in the third degree.

He was arrested on May 17 by State Police and was charged with four counts of sex abuse in the 2nd degree, two counts each of criminal sex act in the 3rd degree and official misconduct.

Orleans County Court Judge Sanford Church issued orders of protection for two victims in the case.

Stupnick will be sentenced in County Court on Feb. 20.

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2 sentenced to state prison for attempted rape

By Tom Rivers, Editor Posted 25 November 2019 at 1:45 pm

ALBION – Two men from Orleans County were sentenced to state prison today for attempted rape.

Ean Hofmeister, 18, of Ridgeway was sentenced to 5 years in state prison for attempted rape in the first degree, plus 15 years of post-release supervision..

He allegedly had sex with a 12-year-old girl who became pregnant. The victim would have a miscarriage. She said in a victim statement read to the court she became isolated from friends, gained weight, and didn’t want to leave her house after the rape.

The judge declined to give Hofmeister youthful offender status. Judge Church said Hofmeister hasn’t taken responsibility for the crime and pursued help through the Genesee-Orleans Council on Alcoholism and Substance Abuse or the Mental Health Department.

The judge also issued orders of protection for the victim and her mother for 8 years.

Christopher Allis, 19, of Lyndonville was sentenced to 4 years in state prison plus 5 years of post-release supervision for attempted rape in the second degree. Allis was 18 when he said he had sex with a 14-year-old girl. That girl, now 15, gave birth to his child earlier this month.

County Court Judge Sanford Church declined given youthful offender status to Allis, and also issued an order of protection for the victim.

Church said Allis hasn’t accepted responsibility for the crime and wouldn’t participate in an evaluation to determine if he had any underlying issues as part of the criminal behavior.

Public Defender Joanne Best said Allis took responsibility by admitting to the crime in a September court appearance.

• A Niagara Falls man was sentenced to 1 1/3 to 4 years in state prison for burglary and grand larceny. Carlton Cook-Mckee, 26, and two other defendants are accused of stealing three dirt bikes from a Ridgeway garage on Oct. 16, 2018.

Cook-Mckee has to pay $5,500 in restitution for the crime.

District Attorney Joe Cardone asked for state prison for Cook-Mckee, who Cardone said stole the dirt bike to support a drug addiction.

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Inmate admits to assaulting corrections officer while at hospital

By Tom Rivers, Editor Posted 14 November 2019 at 12:02 pm

ALBION – A former inmate at the Albion Correctional Facility admitted to striking a corrections officer with a closed fist several times on Feb. 15.

Aniah Ferguson, 21, pleaded guilty to second-degree assault in Orleans County Court this morning. She will face an additional 1 ½ to 3 years in prison when she is sentenced on Feb. 6 by County Court Judge Sanford Church.

Ferguson was taken to the emergency room at Medina Memorial Hospital on Feb. 15. While in the bathroom, her mechanical restraints were removed from one wrist. When a female correction officer tried to put the restraint back on, Ferguson allegedly punched her several times with her free hand, causing injuries to the CO’s head, including a bloody nose, and contusions to her eye, face and head.

Ferguson has since been transferred to Bedford Hills.

District Attorney Joseph Cardone said the correction officer suffered “substantial pain” from the attack and needed medical treatment. She also missed work and needed to take pain medication.

Ferguson is in prison after an incident in 2015 when she led an attack on a 16-year-old girl at a McDonald’s in Brooklyn. When she was at Rikers Island, Ferguson assaulted a captain at the New York City jail.

In other cases in County Court today:

• An Oakfield man was arraigned for two counts of felony driving while intoxicated, one count of aggravated DWI (for BAC above 0.18) and one count of aggravated unlicensed operation of a motor vehicle.

Troy Bailey, 50, was charged on July 27 on Main Street in Shelby. He was allegedly driving drunk without a license. His BAC was 0.194 percent.

• An inmate at the Albion Correctional Facility was arraigned for aggravated harassment of an employee by inmate. Angela Tuitt, 33, allegedly threw fecal matter at a corrections officer.

Christopher C. Taylor, 35, of West Avenue in Medina was arraigned for two counts of criminal possession of a controlled substance in the third degree. He allegedly intended to sell cocaine and possessed more than a half ounce of cocaine.

He also was arraigned on one count criminal nuisance in third because people were allegedly engaging in unlawful activity on his premises.

Taylor also has been charged with criminally using drug paraphernalia in the second degree for allegedly using scales or balances to weigh controlled substances.

He pleaded not guilty in court today and is free on $20,000 bail.

Jacob Harbaugh of the Niagara Falls rejected a plea offer for third-degree burglary and third-degree grand larceny.

Judge Church set Jan. 21 for the start of a trial against Harbaugh. He is one of three defendants who allegedly stole three dirt bikes from a Ridgeway garage on Oct. 16, 2018.

If found guilty, Harbaugh could face 3 ½ to 7 years in prison. As part of a plea deal, his sentence would be capped at 2 ½ to 5 years in prison. Harbaugh rejected the offer today.

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2 are sentenced to state prison, including Medina man in 3-county chase

By Tom Rivers, Editor Posted 7 November 2019 at 12:01 pm

ALBION – Orleans County Court Judge Sanford Church sentenced two people to state prison today.

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

Jessy Miller, 32, led police on a three-county high-speed chase on March 4. He admitted in court during a previous court appearance to drinking alcohol before driving that day. His blood alcohol content was 0.15 percent, about twice the legal limit.

Miller was driving a white Blazer on Main Street in Shelby on March 4. He was allegedly doing donuts in a yard on Main Street and hit a porch. He then took off with a passenger he refused to let out. He agreed to pay $2,797 in restitution for the damage to the porch.

He also has to pay $1,320 in court and DMV fines and surcharges.

He also had pleaded guilty in Genesee County Court to first-degree reckless endangerment. Police followed him to Genesee County on March 4, where he was stopped. Miller refused to get out, but his passenger was able to get out of the vehicle. Miller then sped off, hitting the passenger with the door of the vehicle.

Miller then went to Niagara County, where he was found crashed on Mountain Road with injuries.

The sentence for his Genesee County charge is expected to be served concurrently with his time from Orleans.

Miller apologized in court today for his actions.

“I know it could have been a lot worse that it was,” he told Judge Sanford Church. “I’m getting too old to play crazy games like this.”

Miller said he has a better support system in his life now and is committed to getting treatment for his addiction.

District Attorney Joe Cardone asked the judge for a state prison sentence due to Miller’s “very concerning” conduct.

Judge Church agreed that Miller put the community in danger and gave him the maximum sentence as part of a plea agreement.

In another case today, a Rochester man was sentenced to 2 years in state prison for attempted criminal sale of a controlled substance in the third degree.

Jonathan Velasquez, 25, admitted in court on June 20 to selling fentanyl and heroin to an informant with the Orleans County Major Felony Crime Task Force.

He also faced federal drug charges and has been sentenced to 37 months in prison by a federal judge. The time for the Orleans case will be served concurrently with the federal charges.

Velasquez is a first-time felony offender. He also will be on post-release supervision for 2 years.

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Albion man pleads guilty to unlawful surveillance

By Tom Rivers, Editor Posted 31 October 2019 at 4:15 pm

ALBION – An Albion man facing up to 20 years in prison on federal child pornography charges pleaded guilty in Orleans County Court this morning to unlawful surveillance in the second degree.

Andrew Campbell, 33, faces 1 1/3 to 4 years in prison for the crime when he is sentenced on Jan. 16. That time will be served concurrently with the federal charge, where there will likely be a much longer sentence.

Campbell on Oct. 8 pleaded guilty in federal court to possession of child pornography. In that case, law enforcement did a forensic analysis of a desktop, laptop, and hard drive of Campbell’s that revealed more than 65 image files and more than 20 videos containing child pornography. Some of the images depicted the sexual abuse or exploitation of an infant or toddler, and other depictions of violence.

In the local case in County Court, Campbell admitted today to using an iPhone to record two girls without their consent.

He could also face a fine of up to $5,000 and $375 in court surcharges and fees.

• In another case, Dennis S. Biaselli, 45, of Albion was arraigned on felony driving while intoxicated and aggravated unlicensed operation of motor vehicle.

He was charged after a car accident on Sept. 17, when he struck a utility pole on Zig Zag Road in Albion. He allegedly fled the scene but then returned to get his car.

Biaselli has two prior felonies and 11 prior misdemeanors, said District Attorney Joe Cardone.

He has been in jail since Sept. 19 with bail at $5,000. After Public Defender Joanne Best requested a reduction in bail, County Court Judge Sanford Church agreed to lower it to $3,000 cash or bond.

• A Medina man appeared in court for a bail hearing. Michael Harrison faces charges of grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree. Harrison alleged stole someone’s wallet.

Judge Church agreed to release Harrison on his own recognizance.

• A former inmate in the Albion Correctional facility was arraigned on promoting prison contraband in the second degree. Stacey Haley of Massena in St. Lawrence County allegedly introduced Suboxone into the prison in August 2018. She has since been released from the women’s prison in Albion.

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3 are sentenced by county judge to incarceration

By Tom Rivers, Editor Posted 31 October 2019 at 12:37 pm

ALBION – Three people were sentenced to incarceration in Orleans County Court this morning by Judge Sanford Church.

Joseph Newton, 33, of Medina will spend 4 years in state prison after he pleaded guilty to criminal possession of a controlled substance in the third degree, grand larceny in the fourth degree and attempted promoting prison contraband in the first degree.

Newton admitted in a previous court appearance to having cocaine in Orleans County on Feb. 13 with the intent to sell it. He also admitted to stealing an outboard Mercury motor on Aug. 5, 2018, which was valued at about $1,200. Newton sold it for $1,000.

Newton, as part of his sentence, needs to pay $1,260 in restitution, with $1,200 for the stolen motor and another $60 to the Orleans County Major Felony Crime Task Force.

While he was an inmate, he was planning to attend a family funeral on May 21 and arranged to receive tobacco and a controlled substance.

Those items were allegedly placed under the body of a family member in her coffin. An investigator with the Orleans County Sheriff’s Office overheard Newton arranging for the items during a phone call from the jail. The day of the funeral an investigator checked to see if the tobacco and two pills were under the grandmother’s body, and they were under her shoulder, according to investigator Ken Strickland.

Newton’s visit to the funeral was canceled and he was charged with attempted promoting prison contraband in the first and second degree.

Judge Church told Newton the incident at the funeral home “cries out for help and I hope you get the help you need.”

Newton started a drug treatment program while in jail through GCASA. He intends to keep working on his drug addiction issues in prison, said his attorney, Michael O’Keefe.

“My client is looking forward to a clean life away from drugs,” O’Keefe told the judge during sentencing today.

In two other sentencings this morning:

Linda Meise, 37, formerly Oak Orchard Estates in Albion was sentenced to 6 months in jail and 5 years of probation for having precursors for making methamphetamine.

She is a first-time felony offender. She was charged along with her husband, Richard Meise on June 20.

Mr. Meise, 36, pleaded guilty in court today to attempted unlawful manufacture of methamphetamine in the third degree. He faces 1 ½ years in prison and up 1 to 2 years of post-release supervision when he is sentenced on Jan. 9.

Joshua Cuadrado, 22, of Brockport was sentenced to 6 months in jail and 5 years probation for attempted criminal possession of a controlled substance in the fifth degree.

He was allegedly selling marijuana products in Medina community when he was arrested in February.

Cuadrado said he is working hard to break his addiction to smoking marijuana.

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2 from Holley plead guilty in overdose death

By Tom Rivers, Editor Posted 18 October 2019 at 9:29 am

ALBION – Two Holley residents pleaded guilty in Orleans County Court on Thursday for their roles in the overdose death of a Clarendon man.

Logan DiPilato, 28, and Kelly Hagberg, 31, of Holley pleaded guilty to criminally negligent homicide and criminal possession of a controlled substance in the fifth degree. The case is being prosecuted by District Attorney Joe Cardone.

Hagberg admitted to providing fentanyl to DiPilato, who then sold four bags of it to a 35-year-old Clarendon man, which resulted in a fatal overdose on June 1. DiPilato admitted in court he knew the fentanyl was extremely dangerous.

As part of a plea deal, there are no sentencing promises. They could face up to 4 years in prison for criminally negligent homicide and up to 2 ½ years for criminal possession of a controlled substance. They will be sentenced on Dec. 19.

Both have no prior criminal convictions.

In other cases in court on Thursday:

Patrick W. Allen, 37, of Albion pleaded guilty to criminal mischief in the third degree, for intentionally causing $2,000 in damage to another person’s car on April 9.

Allen faces up to a year in jail when he is sentenced on Dec. 19.

Rhonda Rushton of Spencerport was sentenced to four months of weekends in jail and five years probation for felony driving while intoxicated. She registered a 0.19 BAC on June 15 in Albion. She has a prior DWI in 2012 in Rochester.

• A Medina man was assigned as a Level 2 sex offender. Jeffrey Woodroe, 39, previously admitted to sexual contact with a girl under age 12 on a least two occasions between April 2008 and April 2012. He was sentenced to six months in jail on Aug. 22, as well as 10 years of post-release supervision.

As a level two offender, he will be on the sex offender registry the rest of his life. A level 2 offender is considered a moderate risk of reoffending.

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Judge sentences 3 to county jail

By Tom Rivers, Editor Posted 3 October 2019 at 2:56 pm

ALBION – Three people were sentenced this morning to time in the Orleans County Jail by County Court Judge Sanford Church.

Maria L. Lape, 25, previously pleaded guilty to driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

She was sentenced to a year in the county jail. Judge Church said Lape has been on probation twice before without success, and hasn’t been working, or pursuing an education or treatment program.

She also faces a $750 fine by the Department of Motor Vehicles and other court fines more than $500.

• A Depew woman who previously admitted to violating terms of her probation was sentenced to nine months in the county jail.

Jenna Zagara, 28, formerly of Lockport had been on probation for petit larceny, after allegedly racking up $1,905 in unauthorized spending on someone else’s credit card.

She still needs to pay $1,183 in restitution.

Best, the public defender, asked for less than nine months in jail for Zagara, but Church gave her the maximum sentenced in a plea deal.

“She showed complete disrespect for the people in probation.” The judge said.

• Coley Doward Jr., 35, of Medina previously pleaded guilty to misdemeanor DWI and felony AUO of a motor vehicle.

He was stopped in the Town of Shelby on Nov. 5. He didn’t have a license due to a previous DWI in 2007.

He was sentenced to four months in jail and five years of probation.

Prior to the recent charges, Doward didn’t have any arrests for nearly decade, Public Defender Joanne Best said.

• A former inmate at the Orleans Correctional Facility in Albion was arraigned on two counts of second-degree assault.

Michael T. Hawkins allegedly struck a corrections officer in the face, causing a laceration with blood. He also allegedly had intent to prevent a CO from their lawful duty.

The judge set bail at $10,000 cash or $20,000 bond for Hawkins, who isn’t due to be released from prison until 2022.

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2 from Holley arraigned for criminally negligent homicide after overdose death

By Tom Rivers, Editor Posted 3 October 2019 at 2:17 pm

ALBION – Two Holley residents were arraigned in Orleans County Court this morning on charges of criminally negligent homicide after a Clarendon man died of a fatal overdose of fentanyl on June 1.

Logan DiPilato, 28, and Kelly Hagberg, 31, of Holley both also face charges of criminal sale and criminal possession of a controlled substance in the third degree.

Hagberg allegedly provided the fentanyl to DiPilato, who then allegedly sold four bags of fentanyl to a 35-year-old Clarendon man, which resulted in a fatal overdose.

DiPilato and Hagberg both entered not guilty pleas in County Court this morning before Judge Sanford Church. He set bail for both at $10,000 cash or $25,000 bond. They are currently in the Orleans County Jail.

Both have no prior criminal convictions.

They are to scheduled to next appear in court on Oct. 17 for a conference and a possible plea.

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