Find us on Facebook

county court

Husband involved in wife’s fatal overdose sentenced to jail

By Tom Rivers, Editor Posted 7 February 2019 at 2:04 pm

ALBION – An Albion man was sentenced to 60 days in the Orleans County Jail and 3 years of probation after he admitted to being involved in his wife’s fatal drug overdose on Dec. 18, 2017.

Kevin J. McMullen, 32, of West Lee Road pleaded guilty to attempted criminally neglect homicide. The crime is a level A misdemeanor.

McMullen said in court on Nov. 26 that he took his wife, Megan, to Rochester on Dec. 18 to purchase what they believed was heroin. When they brought the drug, the seller warned them it was a strong drug.

It was actually fentanyl, a synthetic opioid that is often added to heroin to make it more potent.

Mrs. McMullen would overdose twice, on the way home and then at her home, and was revived by her husband.

The two took the drug again after the second overdose. Mr. McMullen fell asleep and woke up to find his wife was deceased and could not be revived.

District Attorney Joe Cardone said McMullen failed to get medical assistance for Megan and provided her with a drug despite the warning of its danger, especially after she overdosed the first time.

McMullen could have called for medical assistance without fear of arrest for an overdose because of the Good Samaritan Law, Cardone said in court.

McMullen acknowledged in court on Nov. 26, when he pleaded guilty, to being involved in the activities that led to his wife’s death.

McMullen was arrested on Sept. 3 following a nearly nine-month investigation by the Albion Police Department.

Return to top

Albion teen who stabbed grandmother sentenced to prison

By Tom Rivers, Editor Posted 7 February 2019 at 1:57 pm

ALBION – The Albion teen-ager who broke into his grandmother’s home and stabbed her was sentenced to 1 1/3 to 4 years in state prison today.

The teen has been granted youthful offender, meaning his record is sealed and his name shouldn’t be publicized.

The 17-year-old admitted in court on Nov. 26 to breaking into his grandmother’s home in Albion during the night on July 8. The teen pleaded guilty to second-degree burglary and faced up to 4 years in state prison.

Orleans County Court Judge Sanford Church gave the teen a minimum of 1 1/3 years in prison and a maximum of 4 years.

The 17-year-old admitted to entering his grandmother’s house through a window. He said he took money from her purse. He was in the kitchen when he heard her wake up. He then panicked and stabbed her with a knife at least twice, he told the judge in November.

The grandmother has recovered from her injuries. Her grandson won’t face the more serious charge for assault.

The 17-year-old said he was under the influence of alcohol that night. Orleans County Sheriff’s investigators said the 17-year-old stole $23 cash and the victim’s cell phone. He then climbed out a different window and fled the scene.

After a several hour search by law enforcement that night, the teen was found at 6 the following morning by the bushes at Burger King.

His grandmother, while bleeding profusely, was able to leave the residence and drive to Medina Memorial Hospital. She was then transported to the Erie County Medical Center by Mercy Flight.

The 17-year-old has no prior criminal record. He has been in the Orleans County Jail on $25,000 cash bail.

Return to top

Lyndonville man sentenced to 4 years in prison for sex abuse

By Tom Rivers, Editor Posted 31 January 2019 at 12:14 pm

ALBION – A Lyndonville man was sentenced to four years in state prison today for first-degree sex abuse for allegedly having sexual contact with a victim under the age of 11.

Jason Dusett

Jason A. Dusett, 43, also was sentenced for second-degree sex abuse.

There are two victims in the case, and Orleans County Court Judge Sanford Church issued orders of protection for 8 years, the maximum allowed.

Susan Howard, assistant district attorney, said Dusett has been diagnosed with pedophilia disorder and is considered a high risk to reoffend.

Joanne Best, the public defender, asked for probation for Dusett, saying it would provide supervision. She said Dusett has no prior criminal history except for a driving while intoxicated charge.

Judge Church acknowledged a limited criminal history with Dusett, but the judge said there were other uncharged sex crimes with underaged girls involving Dusett.

The judge also said Dusett has not taken full responsibility for the crime.

Dusett declined to speak at sentencing.

In addition to the four years in state prison, Dusett will be on post-release supervision for 10 years. He also has to pay a sex offender victim fee of $1,000, a mandatory court surcharge of $300, another sex offender fee of $50, a DNA database fee of $50 and a crime victim’s fee of $25.

In another case in court today, a Syracuse woman pleaded guilty to attempted promoting prison contraband in the first degree.

Angela Fields of Syracuse allegedly brought Suboxone (buprenorphine) to the Albion Correctional Facility. The pills are considered a controlled substance. They are used to reduce symptoms of opiate addiction and withdrawal.

Fields admitted in court today to bringing the pills in bag when she visited the prison on Sept. 1, 2018.

She is a second-felony offender and faces a maximum of 1 ½ to 3 years in prison when she is sentenced on May 9.

Return to top

2 are sentenced to state prison for drug crimes

By Tom Rivers, Editor Posted 24 January 2019 at 3:23 pm

ALBION – Two people were sentenced to state prison today in Orleans County Court for selling drugs in the county.

Troy Dukes, 25, of Rochester received the longest sentence with 3 years in state prison plus 2 years of post-release supervision.

Dukes has already been in the county jail for about 14 months, which will count towards his sentence. He was charged in October 2017 after a traffic stop when he was found with heroin on East State Street in Albion. He admitted in court he was trying to sell heroin in Albion.

“I want to apologize to the court,” Dukes told Judge Charles Zambito of Genesee County, who handled the sentencings today. “I’m just trying to better myself. I’m ready to turn around and do things better with my life.”

Nathan Pace, Dukes’ attorney, said his client suffered from a difficult upbringing and drug and alcohol use beginning when he was 14.

Zambito agreed to recommend drug treatment in the state prison system for Dukes.

• Another Rochester man also was sentenced to prison today. Victor Simmons, 48, has already spent about 16 months in the county jail.

He pleaded guilty to attempted criminal possession of a controlled substance in the third degree and faced a maximum of 2 years in state prison as part of a plea deal. The charge normally has a sentence of 1 ½ to 8 years in prison.

Simmons is accused of selling heroin and cocaine in Albion. Simmons said he had heroin with the intent to sell in Albion on Feb. 28, 2017.

He has been out of jail in recent months due to health problems and the deaths of two family members, including his son. His attorney thanked the court and District Attorney Joe Cardone for delaying the sentencing until today.

Simmons said he is determined to live a better a life.

“I would like to apologize to the court and the people of Orleans County for coming into your town,” Simmons said at sentencing.

Simmons also will be on post-release supervision for 2 years when he is released from prison.

• A Brockport resident was also sentenced this morning. Jason Schmeer, 38, was sentenced for fourth-degree grand larceny for taking a credit card. He has agreed to pay $485 in restitution.

He was sentenced to six months in jail and five years probation, the same sentence he received in Monroe County. Schmeer has already been in jail for a year and that will count as time served.

“I’m very sorry and I’m willing to do whatever it takes to change,” Schmeer told Judge Zambito.

Brandi Ralph, 34, of Lyndonville was praised for completing a diversion program.

She admitted during a previous court appearance to entering a garage on April 18, 2016 and stealing tools. Back then she was looking for something she could take and sell to feed her drug addiction.

She has completed drug treatment. A felony third-degree burglary charge was dismissed and she was sentenced to a misdemeanor of petit larceny. She doesn’t have to go to jail.

“She has done a fantastic job taking care of housing, a job and other issues in her life,” said Joanne Best, the public defender.

“We hope she continues down this path and has a successful life,” said District Attorney Joe Cardone.

Ralph told the judge she was grateful for the opportunity to be in the diversion program.

“I congratulate you for getting through the program because, as you know, not everyone can do it,” Judge Zambito said.

Return to top

3 are arraigned in County Court for DWI

By Tom Rivers, Editor Posted 17 January 2019 at 3:05 pm

ALBION – Three people were arraigned in Orleans County this morning for driving while intoxicated.

Dominic Bennett, 27, of Batavia is facing charges of felony DWI and aggravated unlicensed operation of a motor vehicle in the first degree.

He was in a one-car accident on Oct. 27 on Route 31 in Albion, and was taken by Mercy Flight to Strong Memorial Hospital in Rochester. He has recovered from his injuries.

Michael J. Miller II, 44, of Medina was arraigned for aggravated felony DWI (BAC over .18) and two counts of felony DWI. He was charged on Sept. 22 on Townline Road in Yates and registered a .24 BAC, which is three times the legal limit.

William Shelhorse Jr., 53, of Albion was arraigned for AUO in the first degree and two counts of misdemeanor DWI. He was charged on Nov. 7 after being stopped on East Avenue in Albion.

All three entered not guilty pleas in court today.

Return to top

2 are sentenced to the county jail, including woman who allegedly stole $92K

By Tom Rivers, Editor Posted 17 January 2019 at 11:24 am

ALBION – Two people were sentenced to the Orleans County Jail today, including a Medina woman who allegedly stole $91,973 from the Medina Transportation Company.

Crystal Woodward, 32, pleaded guilty on Oct. 25 to third-degree grand larceny and agreed to pay $91,973 in restitution at $400 a month.

She apologized for the crime today, and said an opioid addiction fueled the larceny. She said she has been drug-free the past 10 months.

“I know what I did was wrong and I deserve punishment,” she told County Court Judge Sanford Church. “The opioid epidemic has hit my family hard. I’m sorry to those I hurt. The drugs took over my life and ruined everything I worked so hard to build.”

David Stalker, owner of Medina Transportation Company, spoke during the sentencing and said he owes thousands to the IRS and is working 80 to 100 hours a week to keep his business going. He said Woodward betrayed the trust of the Stalker family. His wife was close friends with her. Woodward used to call Mrs. Stalker, “Mom.”

The $400 in monthly restitution doesn’t come close to helping the business recoup the stolen funds, Stalker said. It would take nearly 20 years for Woodward to pay the restitution at $400 a month.

Judge Church sentenced Woodward to 4 months of weekends in the county jail. That way she can continue working full-time at an Elba farm and pay towards the restitution. She will also be on probation for five years.

The judge also issued orders of protection for the next eight years for Mr. and Mrs. Stalker.

“I wish I could do a re-do but I can’t,” Woodward said at sentencing. “I’m not that person anymore. I will never be that monster again.”

In another case this morning, Judge Church sentenced a Holley man to a year in the county jail. Jordan Herring pleaded guilty on Oct. 25 to attempting to making a terrorist threat.

While he was in the county jail due a parole violation on May 31, he was speaking on the phone and told the person he was speaking with that he intended to “shoot, cut and choke” police and parole officers, Cardone said.

Herring said he was upset because he was in the jail and not receiving needed medical attention.

Herring said he has struggled with mental health issues since he was 8. He doesn’t like his anti-depressant medication because he said it makes him tired, depressed and leaves him without an appetite.

Church urged Herring to pursue other medication or treatment.

Herring, who has already been in jail for eight months, said he has learned “to think before I speak.”

Return to top

3 are sentenced in County Court, including Albion man for sexual misconduct

By Tom Rivers, Editor Posted 10 January 2019 at 1:54 pm

ALBION – An Albion man was sentenced to a year of weekends in the Orleans County Jail for sexual misconduct.

Robert Tetrault, 37, pleaded guilty on Oct. 15 to two counts of sexual misconduct and faced up to a year for each Class A misdemeanor, with a maximum of two years in jail.

Tetrault entered an Alford plea, which is a guilty plea without admitting to the criminal act. He allegedly had sexual intercourse and committed another sex act against a child, both girls under age 18. Tetrault proclaimed his innocence in Orleans County Court.

He already spent seven months in the county jail since his arrest. County Court Judge Sanford Church credited the time served for the first count against Tetrault, and the judge said Tetrault would serve a year of weekends in jail for the second count.

Tetrault’s attorney, Joanne Best, asked for that sentence. She said Tetrault has a job as a crew leader for a business that does siding and roofing. She read a letter from the owner of the business saying Tetrault is a valued employee.

Tetrault acknowledged he has an extensive criminal history. He said he is determined to be a productive citizen.

“I’ve been doing good and I will keep up doing good,” he told the judge. “I’ve made changes.”

If Tetrault served weekends in jail, he could keep his job and help support his family, Best said.

Judge Church agreed to the sentence. Tetrault will have to pay a $1,000 supplemental sex offender victim fee, $175 court surcharge, $50 DNA databank fee, and $25 crime victims fee.

The judge also issued orders of protection for the two victims, with those orders lasting five years from today.

In other sentencings this morning:

• A Wyoming County man was sentenced to six months in jail and five years probation for grand larceny in the fourth degree.

Dean Smith Jr. accepted more than $13,000 for two construction jobs for Orleans County homeowners and didn’t do the work. He said he used the money to buy materials and pay employees.

He faced similar charges in Wyoming County and was sentenced there last Thursday to the same sentence. The sentences in Wyoming and Orleans will be served the same time, although he might have to spend a few additional days in the Orleans County Jail because the Wyoming sentence started last week.

Judge Church also ordered Smith to pay $8,450 in restitution to one victim and $4,800 to the other one in Orleans County, plus a 5 percent surcharge for both.

“I do apologize to the victims for what happened,” Smith said at sentencing. I didn’t mean for it to happen I was robbing Peter to pay Paul. The only person to blame is me.”

Sarah MacDonald, an inmate at the Albion Correctional Facility, was sentenced to another 1 ½ to 3 years in prison for attempted promoting prison contraband in the first degree. She said she asked to have to suboxone sent to her to help her fight withdrawals from her drug addiction. The suboxone was intercepted by corrections staff. She didn’t receive it.

Return to top

Several arraigned in County Court, including Clarendon man who had confrontation with police

By Tom Rivers, Editor Posted 21 December 2018 at 10:57 am

3 inmates face charges for either assaulting or harassing correction officers

ALBION – Several people were arraigned in Orleans County Court on Thursday for felonies, including a Clarendon man who had a confrontation with law enforcement officers on Sept. 27.

Andrew Klaver, 18, allegedly pointed a loaded rifle at a deputy and sergeant with the Orleans County Sheriff’s Office before dropping the gun. Deputies were called to his residence on Bennetts Corners Road in Holley for reports of a family dispute. One family member was allegedly ramming a boyfriend’s car with her car. Her mother allegedly began pushing deputies.

Andrew D. Klaver allegedly ran back into the house then came back out with a loaded rifle and allegedly pointed it at two members of the Orleans County Sheriff’s Office. Klaver dropped the rifle moments later but refused to comply with further orders and was taken into custody following deployment of the Taser, Undersheriff Chris Bourke said in a news release on Sept. 28.

Klaver was arraigned on charges of two counts of menacing a police officer, criminal possession of a weapon and resisting arrest. Bail was set at $10,000 by Judge Sanford Church.

The charges with the two other family members are misdemeanors and are being handled in Clarendon Town Court.

In other cases in County Court on Thursday:

Thomas Norton, 22, of Cushing Road in Albion was arraigned on second-degree rape and endangering the welfare of a child. He allegedly had sexual intercourse with a 14-year-old girl in September.

The judge set bail at $10,000 and issued an order of protection for the girl.

Freddy Rosario, 23, a former inmate at the Orleans Correctional Facility in Albion, was arraigned on second-degree assault of a corrections officer after he allegedly punched an officer in the face and caused other injuries on Jan. 21, 2018. He is now an inmate at the Mid-State Correctional Facility in Oneida County. The judge set bail at $25,000.

Valerie Allen, 31, a former inmate at the Albion Correctional Facility, was arraigned on two counts of aggravated harassment of an employee by an inmate after she allegedly threw urine at two corrections officers in October 2016. The judge set bail at $25,000.

Devon Cappucci, 25, a former inmate at the Orleans Correctional Facility, was arraigned for one count of aggravated harassment of an employee by an inmate after he allegedly spit blood at a corrections officer in September. He has been released from prison. He was picked up on a warrant in Rochester on Thursday and then arraigned in the Orleans County Court.

Justin R. Chaplin, 31, of Batavia pleaded guilty to third-degree burglary after he entered someone’s garage and stole a garbage can on Sept. 12, 2017 at Oak Orchard on the Lake in Carlton. He also pleaded guilty to petit larceny.

Chaplin has been accepted in a diversion program. If he stays drug free and completes treatment, the felony charge will be dismissed and he will avoid going to jail.

Chaplin’s diversion program will be through Genesee County. He thanked Judge Church for the opportunity to be in the program.

“Follow through and do it,” the judge told him. “It’s on you.”

Return to top

3 sentenced to incarceration for crimes in Orleans County

By Tom Rivers, Editor Posted 20 December 2018 at 4:15 pm

ALBION – An Albion man was sentenced to 3 ½ years in state prison today for allegedly selling drugs in Albion.

Jason Abron, 44, of Lydun Drive faced a maximum of 4 years in prison when he was sentenced this morning in Orleans County Court by Judge Sanford Church.

Abron was charged on March 9 after a series of controlled buys through the Orleans County Major Felony Crime Task Force.

He pleaded guilty to criminal sale of a controlled substance in the third degree.

Abron has four prior felonies but hadn’t been arrested since 2010, his attorney told the judge.

Abron said he did wrong with the drug transactions, but was trying to help a friend.

“I’m not a violent drug dealer running around the streets,” he told Judge Church. “I’m a family man.”

Abron received less than the maximum, and also will have two years of post-release supervision. He also has to pay $320 in restitution to the Orleans County Major Felony Crime Task Force and $280 to the Orleans County Sheriff’s Office, as well as a $300 court surcharge and $25 crime victim’s fee.

Leaha Wimmer, 25, formerly of Albion and most recently in Hamlin was sentenced to 1 to 3 years in state prison on a grand larceny charge. She has to pay $502 in restitution to Chase Bank.

Wimmer acknowledged that she has struggled with drug addiction.

“I’m sorry to the court and everyone I have affected with my drug use,” she said. “I’m not a bad person. I just want to put this all behind me.”

She also faced charges in Genesee County and was sentenced to six months in jail and five years of probation on Wednesday for those grand larceny charges.

Roy Shonerd, 37, of Beaver Street in Albion was sentenced to nine months in the Orleans County Jail for attempted welfare fraud. He needs to pay $9,265 in restitution to the Orleans County Department of Social Services. Shonerd allegedly accepted welfare benefits he wasn’t entitled to from January 2012 to December 2017.

“I knew what I did was wrong,” Shonerd told Judge Church. “I apologize.”

The judge agreed to delay Shonerd’s report date to the jail until the day after Christmas so Shonerd can spend the holiday with his two children.

Return to top

Several are sentenced in county court today

By Tom Rivers, Editor Posted 13 December 2018 at 3:29 pm

ALBION – Several people were sentenced in Orleans County Court today, and will spend time in either state prison, the Orleans County Jail or on probation.

Cynthia Lopez Lopez, 40, of Brockport was sentenced to 1 ½ years in state prison. She nearly completed a diversion program, making through 50 of 52 weeks before she was expelled from diversion after allegedly having drugs brought to the county jail.

She was sentenced on her original charge of criminal possession of a controlled substance in the fifth degree, which carries a maximum of 1 to 2 ½ years in prison as a first-time felon. She was arrested in April 2017 after allegedly selling Suboxone in Albion.

Her attorney Mark Lewis asked the judge not to send her to state prison. Lewis said she has already served 4 months in the county jail.

Charles Zambito, the acting judge from Genesee County, said Lopez Lopez had several violations when she was in the diversion program.

“She was in the diversion program for nearly a year and it didn’t do any good,” he said.

She will have a year of post-release supervision when she is out of prison.

In other sentencings:

A Niagara County woman was sentenced to 1 ½ to 3 years in state prison for promoting prison contraband.

Priscilla Gumpton, 52, allegedly had drugs brought to the Albion Correctional Facility when she was an inmate. She was released on Sept. 11.

Gumpton today tried to withdraw her guilty plea and asked the judge to give her a different assigned attorney, but Zambito declined. He said Gumpton knowingly accepted the plea offer and wasn’t coerced into pleading guilty.

“It appears she is appearing to avoid sentencing at this point,” District Attorney Joe Cardone told the judge. “She admitted under oath that she arranged to have these drugs brought into the facility.”

Zambito said the plea included a “fair” sentence. He gave her the minimum as part of the plea, which is 1 ½ to 3 years in state prison.

Breanna Eaton, 25, of Medina was sentenced to a year in the county jail. She was terminated from a diversion program in September. If she had stayed drug-free and followed the rules of the program, a felony charge would have been dismissed and she would have been sentenced to a misdemeanor with no jail.

She was sentenced for fourth-degree grand larceny, which has a maximum of 1 to 3 years in state prison.

Olivia Holloway, 40, of Shelby was sentenced to a year in the county jail on a forgery charge. She also didn’t complete the diversion program after she was charged in Monroe County with having cocaine.

Ryan Childs, 24, of Hilton was sentenced to three years of probation after he pleaded guilty to driving while ability impaired by drugs. He was stopped in Murray on Nov. 17, 2017.

He also was fined $500 and needs to pay $395 in court surcharges. He also needs to do 40 hours of community service and had his license suspended for six months.

Return to top