By Tom Rivers, Editor Posted 21 June 2017 at 3:56 pm
ALBION – A Holley man admitted in Orleans County Court on Monday to selling drugs while he was living at the Holley Hotel.
Mathew P. Stearns, 34, was arrested on April for allegedly selling heroin. He pleaded guilty to attempted criminal possession of a controlled substance in the third degree and faces up to 3 ½ years in state prison when he is sentenced on Aug. 7.
The charge normally carries a maximum of up to 8 years in prison. He also faces 1 ½ to 3 years of post-release supervision.
Judge James Punch also set bail at $25,000 on Monday.
In another guilty plea on Monday, Luis Ramos-Perez of Albion pleaded guilty to violating probation and aggravated unlicensed operation of a motor vehicle.
He was arrested for driving while intoxicated on April 29 by the state police.
He has two prior felonies. One term of his probation was not to drink alcohol.
Ramos-Perez is in the country on a Green Card. Judge Punch said the guilty plea for the latest charge could result in Ramos-Perez being deported after incarceration.
Ramos-Perez is being held without bail until the sentencing on Aug. 7.
By Tom Rivers, Editor Posted 19 June 2017 at 4:25 pm
Lucas Porter will likely face additional prison time on July 3 for assault
ALBION – A Medina teen was sentenced today to 1 to 3 years in state prison for violating probation. Lucas Porter, 18, could face more time when he is sentenced on July 3 for assault.
Porter has been on probation after being charged with a burglary in Albion in March 2015.
He admitted to stabbing a Buffalo man near his heart and lung at a house party on Nov. 6 in Ridgeway.
In addition to stabbing the man, Porter also allegedly stabbed a 2013 Honda car with a large knife as friends of the victim were attempting to leave the scene and transport the victim to the hospital.
District Attorney Joe Cardone today requested $26,225 in restitution for medical bills and $2,099 in insurance reimbursements for the damaged car. Judge James Punch set a restitution hearing for 2 p.m. on July 3. Punch wants to know if insurance or other government programs will pay for the medical costs.
Porter, during an April 10 court appearance, admitted to stabbing the Buffalo man who did not have a weapon.
Porter just missed stabbing the man in his heart, but did puncture his lungs. The victim was hospitalized in intensive care for 10 days. He has recovered enough to have the charges downgraded from first-degree to second-degree assault.
Porter accepted a plea deal in Orleans County Court on April 10. Second-degree assault normally carries a maximum of 7 years in state prison. Porter, as part of the plea deal, will face up to 4 years in state prison when he is sentenced July 3.
“This was a mistake,” Porter during sentencing this afternoon for the probation violation. “I won’t make a lifetime habit out of it.”
Punch said Porter didn’t take probation seriously and needs to spend some time in prison.
“You already have a serious criminal history,” Punch said.
In another sentencing today:
A Webster teen-age girl was sentenced to 30 days in jail and three years of probation.
The teen was granted youthful offender so her name shouldn’t be published.
She was arrested at an Albion motel on Oct. 6 after being found with cocaine. She pleaded guilty to endangering the welfare of a child and faced a maximum of a year in jail.
Her attorney, Brian Degnan, asked for no jail and probation only.
But Judge Punch said the teen needed to go jail.
“You have a lot of problems,” the judge said. “You are hanging around with bad people and doing bad things.”
A codefendant in that case, Andrew L. Coley, 19, of Albion is being held without bail after missing a presentencing interview. Coley is to be sentenced on July 26 and could face a year in jail for endangering the welfare of a child.
He also faces felony drug charges after being arrested last month for allegedly selling crack cocaine. That case is separate from the endangering the welfare of a child charge.
By Tom Rivers, Editor Posted 12 June 2017 at 4:01 pm
ALBION – Two people were sentenced to either jail or state prison today in Orleans County Court.
A Holley man was sentenced to 1 ½ years in prison for second-degree rape and two counts of criminal sexual act in the second degree.
Anthony Roe, 22, of Holley has already served a six-month sentence in the county jail when he allegedly had sex with a 14-year-old girl in July 2015. Before he was in jail, he allegedly had sex with a different underage girl, resulting in the current charges.
Roe will also be on 10 years of post-release supervision after the prison sentence.
In another sentencing today, a Holley man was sentenced to a year in the county jail for aggravated unlicensed operation of a motor vehicle in the first degree and driving while ability impaired.
William Tuttle Jr., 36, of West Albion Road in Holley admitted in a previous court appearance to drinking hard liquor on Oct. 29, before he was stopped in Barre and charged with driving while impaired and aggravated unlicensed operation of a motor vehicle.
He had his driver’s license suspended after he was found guilty previously of driving while impaired due to drugs.
Tuttle did not take a breathalyzer to measure his Blood Alcohol Content on Oct. 29, and he also passed a field sobriety test. He had about 2 ounces of hard liquor about an hour before he was pulled over in Barre, Tuttle told Orleans County Court Judge James Punch in a March court appearance.
The judge asked Tuttle if his ability to drive was “impaired by some degree” and Tuttle agreed it was.
Victim in critical condition with severe head injuries
Wesley Askew Jr.
ALBION – An Albion man has been charged with attempted murder after an altercation Friday at about 1:45 a.m.
The Albion Police Department and COVA Ambulance were dispatched to the apartment building located at 175 North Main Street for a report person injured following a physical altercation, Police Chief Roland Nenni said.
Albion police officers arrived on scene and found a 53-year-old male with severe head injuries. The victim was transported to the Medina Memorial Hospital by COVA Ambulance and then transferred to Buffalo General Hospital by Mercy Flight.
The Albion Police Department investigation indicated that the victim was assaulted by Wesley Askew Jr., 49, who is an acquaintance of the victim. Both Askew and the victim reside at 175 North Main St.
The victim is currently listed in critical condition. His name is being withheld pending family notification, Nenni said.
Askew is charged with attempted murder, first-degree assault and second-degree assault.
He is currently in the Orleans County Jail on $250,000 bail. Askew is to return to the Town of Albion Court on June 14 at 9 a.m. for a preliminary hearing.
Askew is a level 3 sex offender, the highest possible risk for re-offending. He was released from prison in late 2015 after being convicted in May 2009 for second-degree rape.
By Tom Rivers, Editor Posted 6 June 2017 at 12:17 pm
ALBION – A Ridgeway man accused of holding a women against her will for several weeks, while physically and sexually assaulting her, has been offered a deal to plead guilty and face a maximum of 7 to 15 years in state prison.
Gerardo Quiros, 30, has until next month to decide if he wants to accept the deal presented Monday by District Attorney Joe Cardone.
Quiros is facing 36 counts including seven counts of first-degree rape, 23 counts of first-degree criminal sexual act, third and fifth degree criminal possession of a controlled substance, endangering the welfare of a child, unlawful dealing with a child and unlawful possession of marijuana.
Cardone said in court on Monday that Quiros met the woman at Buffalo club and was providing her with drugs.
Cardone said Quiros committed “a series of physical and sexual abuses” to the woman. “It’s a long, extensive story.”
Quiros entered a not guilty plea during arraignment on May 22. He was initially held without bail by Judge James Punch, but when Quiros made a court appearance with his lawyer, Scott Reardon, Punch set bail at $250,000.
Quiros has posted bail and remains free.
He was subject of a manhunt after a report on April 29 that he attacked a woman in his house. Quiros fled before police arrived, leading to a massive police search of the area and a stay-in-place order for nearby residents.
The search was called off after several hours when police determined Quiros was no longer in the area. He was arrested two days later in Lockport.
Quiros is accused of repeatedly raping and sodomizing the victim, and having drugs with a child present in the house.
By Tom Rivers, Editor Posted 6 June 2017 at 10:19 am
ALBION – A Medina man admitted in Orleans County Court to a criminal sex act when he was 21 and the victim was a 14-year-old girl.
Peter C. Jones, 22, of North Avenue in Medina allegedly had an ongoing sexual relationship with a girl who was 13 and then turned 14.
He faced a 74-count indictment. On Monday, he pleaded guilty to one count of criminal sexual act in the third degree and could face 1 1/3 to 4 years in state prison when he is sentenced on July 17.
In other cases:
• Shawna N. Weis, 29, of Holley admitted to selling heroin on Feb. 6 when she was a resident of the Holley Hotel.
She pleaded guilty to criminal possession of a controlled substance in the fifth degree and could face a maximum of 1 ½ to 4 years in state prison when she is sentenced on July 26.
Weis has a prior felony and two misdemeanors. Her sentence may include a drug treatment program in prison.
• A Holley woman pleaded guilty to grand larceny in the fourth degree but Judge James Punch didn’t accept the plea because he wasn’t convinced of her wrongdoing.
Jade Fayko, 21, of Hulberton Road in Holley was with two other people when someone broke into a truck in Clarendon and stole $8,000 in cash.
One of the codefendants said Fayko broke into the truck and took the money, but Fayko said she was a passenger in a vehicle with the two other codefendants. Fayko said she didn’t leave that vehicle and instead the two other codefendants broke into the truck and took the money. One of the codefendants handed Fayko $200, Fayko told the judge.
“Your mere presence at the scene of the crime doesn’t make you guilty of the crime,” Punch said. The case was adjourned with Fayko due to appear back in court on Monday.
• Kevin Lampman, 43, of Holley was sentenced to 1 to 3 years for violating probation after he was charged with drunk driving. Lampman has been on probation from Genesee County for criminal contempt.
Punch told Lampman during sentencing that he didn’t take probation seriously.
By Tom Rivers, Editor Posted 5 June 2017 at 4:21 pm
Luis Alberto Sanchez-Garza
ALBION – A man who was arrested about a year ago for bringing a kilo of cocaine to Orleans County was sentenced to 5 years in state prison today by Orleans County Court Judge James Punch.
Luis Alberto Sanchez-Garza, 32, of Mexico has been in jail for nearly a year on $500,000 bail.
He has no prior criminal history. He was charged last June 17, along with a Houston, Texas man for trying to smuggle a kilo of cocaine from Texas into Orleans County. It was the largest cocaine seizure in Orleans County history.
Daniel Guzman, 29, the codefendant in the case was sentenced on May 1 to 7 years in state prison, the maximum as part of a plea deal.
Guzman, who has at least one prior felony, and Sanchez-Garza both pleaded guilty to criminal possession of controlled substance in the second degree.
Sanchez-Garza didn’t get the 7-year maximum. Judge Punch gave him 5 years, citing no criminal history for Sanchez-Garza.
The defendant apologized during sentencing this afternoon, and asked with leniency with the sentence.
Sanchez-Garza said he has two young children and is battling a heart condition.
“I can tell you how much he regrets the actions he took,” his attorney Roger Asmar told the judge.
The judge gave Sanchez-Garza a break from the maximum but said the five years in prison were still warranted “for bringing a large quantity of poison into the community.”
Police, including the Albion K9, searched a vehicle that was stopped on East Avenue in Albion last June 17 and found 1 kilogram (2.2 pounds) of cocaine hidden in the engine compartment.
Press Release, Orleans County Undersheriff Chris Bourke
ALBION – Two Orleans County Jail inmates and a relative of one of the inmates were charged today with criminally attempting to introduce the narcotic Soboxone into the jail.
The two-month criminal investigation was conducted by the Sheriff’s Correction Division along with support from department’s Criminal Investigative Division.
Joshua Grosskopf, 26, was charged with 2 counts of 1st Degree Promoting Prison Contraband, a class D felony. Inmate Grosskopf is serving a 6-month sentence for petit larceny.
Michael Borrero, 18, was charged with Attempted 1st Degree Promoting Prison Contraband, a class E Felony. Inmate Borrero is serving a one-year sentence for 3rd Degree Burglary.
Mary Walton, 58, of Albion, was charged with 2 counts of 1st Degree Promoting Prison Contraband, a class D felony and two counts of Conspiracy 5th degree, a class A misdemeanor.
Jail Superintendent Scott Wilson states that it is the corrections officers who are at the forefront of preventing dangerous contraband from entering the jail and their efforts have played a major role in the criminal investigation.
Sheriff Randall Bower would like assure the public that this type of criminal activity will not be tolerated in the jail and will continue to provide the necessary resources to prevent and deter contraband from entering the facility.
Press Release, United States Attorney’s Office, Western District of New York
ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Steven Choi, 42, of Rochester, a former Holley English teacher, was sentenced to time served and 15 years supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that the FBI’s Child Exploitation Task Force identified the defendant accessing child pornography online. A forensic examination of that computer recovered sexually explicit photographs of prepubescent girls. Choi is no longer an English teacher with the Holley Central School District.
He was convicted of possession of child pornography. The sentencing is the culmination of an investigation by Special Agents of Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
The Task Force includes the Monroe County Sheriff’s Office, the Rochester Police Department, U.S. Immigration and Customs Enforcement-Homeland Security Investigations, and the Greece Police Department.
By Tom Rivers, Editor Posted 30 May 2017 at 1:58 pm
ALBION – A Medina man who pleaded guilty to attempted criminal sale of a controlled substance in the third degree was sentenced today to 3 years in state prison by Orleans County Court Judge James Punch.
Gary L. Bonk, 40, of North Gravel Road pleaded guilty to the crime on Feb. 27. The charge normally carries a maximum sentence of 1 ½ to 8 years in state prison.
As part of a plea deal, the sentence was capped at 4 years. Judge Punch gave Bonk less than the maximum today. In addition to the 3 years in prison, Bonk will have 1 ½ years of post-release supervision.
Bonk, a second-felony offender, admitted he had cocaine with the intent to sell it on Dec. 6, 2016.
In another case today in County Court:
• A Hamlin man pleaded guilty to misdemeanor driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the second degree.
Daniel F. Heberle, 45, of 17255 Lakeshore Rd. was charged on Jan. 28 and allegedly had a Blood Alcohol Content of 0.14 percent and was driving without a license. He was stopped on Norway Road in Kendall.
As part of a plea deal today, he will face a maximum of a year in jail for the DWI and 6 months for AUO with the sentences to run concurrently. He will be sentenced on July 26.
By Tom Rivers, Editor Posted 24 May 2017 at 7:04 am
ALBION – A Ridgeway man admitted in Orleans County Court on Monday to selling cocaine.
Richard C. Turrell, 61, of Angling Road could face a maximum of 2 years in prison when he is sentenced on July 17. He was arrested in September. Turrell said in court that he had the cocaine and it was shared by some of his friends. “We all went in on it,” he told Judge James Punch.
Sharing it with friends fits the legal definition of selling. Turrell pleaded guilty to criminal possession of controlled substance in the fifth degree, which normally carries a maximum of 2 ½ years in prison.
As part of a plea deal, he will face up to 2 years and will spend time at the Willard drug treatment campus run by the state prison system.
Turrell, owner of the Rick & Ron’s automobile business, has been very cooperative in the investigation, said Joe Cardone, the district attorney.
In another case in County Court,
• An Albion man was ordered to pay $1,500 in restitution after pleading guilty to a misdemeanor after he allegedly stole cylinders last May 27.
Christopher M. Bescherer, 35, of Lattin Road was given 30 days to pay the restitution. He has a job with a landscaping business and said he can make the restitution.
His case was handled on Tuesday by Sara Sheldon of Niagara County. Bescherer completed counseling while in jail and said he wants to live a better life.
Sheldon said she would give him a chance.
“Jail doesn’t seem to work,” she said. “Maybe the light bulb went off.”
She said Bescherer will need to come back to court on July 17 to show he paid the restitution.
By Tom Rivers, Editor Posted 23 May 2017 at 1:39 pm
Jeffrey VanNostrand avoids state prison, but judge insists on incarceration
ALBION – A man who was called a model employee for the Village of Albion as a motor equipment operator was sentenced to two years in the county jail after a hit-and-run accident last August.
Jeffrey P. VanNostrand
Jeffrey P. VanNostrand, 52, of Kent avoided going to state prison for reckless endangerment in the first degree and driving while intoxicated.
However, the judge, Sara Sheldon from Niagara County, said VanNostrand has to do straight time in the county jail, and not weekends as suggested by VanNostrand’s attorney, Nathan Pace.
Sheldon presided over the case after James Punch recused himself. Punch was the district attorney in 1989 when VanNostrand was charged in a similar case of being intoxicated, hitting a girl with his vehicle and leaving the scene.
VanNostrand had been out drinking on Aug. 16, District Attorney Joe Cardone said. VanNostrand struck a child on a bicycle at 8:47 p.m. on Baker Road. The girl was injured and transported to Strong Memorial by Mercy Flight.
The girl doesn’t have serious injuries, but is returning to the hospital for additional tests next week.
“It’s hard to understand why he would put himself in this situation where he could have killed or seriously injured the victim,” Cardone said at sentencing this morning.
Pace was VanNostrand’s neighbor for 10 years. They are friends and Pace said VanNostrand is a hard-working person who cares for his family and community.
“I’ve witnessed him trying to lead an exemplary life,” Pace said. “For 27 years he has led a hard-working blue-collar life.”
Pace said VanNostrand didn’t realize he hit the girl until the following morning, and then turned himself in after seeing the media reports.
File photo: A girl injured in a hit-and-run last Aug. 16 was taken by Mercy Flight helicopter to Strong Memorial Hospital.
Cardone said he believes VanNostrand was aware he hit the girl that night, but went home to sleep off the intoxication.
Pace said VanNostrand has been praying daily for the girl’s recovery, and he hasn’t touched alcohol in over nine months.
“He has shown absolute remorse,” Pace said. “There’s deep feelings of sorrow for that family and that girl.”
Pace also presented letters of recommendation from the DWP superintendent, who praised VanNostrand for being a dependable worker and talented heavy equipment operator.
Pace asked that VanNostrand be sentenced to weekends in jail, for up to six years, so he could keep his job. But with a straight time sentence, Pace said VanNostrand would lose his position with the village.
The judge said she couldn’t agree to a weekend sentence because that it was the second time VanNostrand had committed such a serious crime.
“I think you’re a good man,” the judge told VanNostrand. “I think you’re genuinely remorseful. But the sticking point for me is you didn’t learn your lesson the first time.”
VanNostrand apologized in court to the girl and her family.
“I’m sorry things happened this way,” he said. “I’m trying my hardest to make myself better.”
The judge considered a 1 to 3 year sentence in state prison, but after conferring with the district attorney and Pace, opted for two years in the county jail, with a year each for DWI and leaving the scene of an accident.
By Tom Rivers, Editor Posted 23 May 2017 at 11:05 am
ALBION – A Murray resident was arraigned in Orleans County Court on Monday on multiple charges of rape.
Joseph Quarella, 41, of Skyline Circle allegedly had sex with a 16-year-old girl between July and December 2016. Because he allegedly forcibly had sex with the girl, he faces two counts of rape in the first degree, two counts of rape in the third degree, two counts of sexual abuse in the first degree, one count of endangering the welfare of a child, and six counts of sexual abuse in the third degree.
Quarella has a prior felony and other misdemeanors, District Attorney Joe Cardone said during the arraignment. He asked Judge James Punch to set a high bail.
Punch issued an order of protection for the alleged victim and set bail at $250,000.
In other arraignments in court on Monday:
• A Holley resident was arraigned on second-degree assault for punching another inmate in the Orleans County Jail in the head and chest.
Matthew Engert, 26, of Geddes Street allegedly assaulted another inmate in the jail on Feb. 14. Engert was in jail after being arrested for criminal possession of a weapon.
• Four people face promoting prison contraband after two people from Rochester allegedly tried to pass heroin and Alprazolam (also known as Xanax) to two inmates at the Albion Correctional Facility, a women’s prison. Alprazolam is a prescription drug used to treat anxiety.
A 16-year-old girl from Rochester allegedly had the heroin and Alprazolam in her bra when she was visiting Leona Brooks, 43, and Stacie Calloway, 46, both inmates in the prison.
Ashanti E. Kellum, 23, of Adams Street in Rochester also had a role in trying to bring the heroin and Alprazolam into the facility, according to the District Attorney’s Office.
By Tom Rivers, Editor Posted 23 May 2017 at 7:05 am
Sebastian Bonk also distributed counterfeit money in community
ALBION – A Medina man who injured a corrections officer and two nurses while eluding custody was sentenced to 4 years in state prison on Monday.
Sebastian L. Bonk, 25, was given the maximum sentence as part of a plea deal.
Bonk on March 13 pleaded guilty to second-degree assault and attempted criminal possession of a forged instrument. He faced the forged instrument charge for knowingly distributing counterfeit 20-dollar-bills.
Bonk was in jail on Aug. 4, when he was taken to Medina Memorial Hospital for a health issue. Bonk was at the hospital at 11:20 p.m. when he ran out of the Emergency Department door, through the lobby and out of the hospital.
Bonk had pulled his leg shackles up higher on his legs to make it easier to run. Bonk was pursued by two nurses along with a correction officer. The nurses and corrections officer were able to catch Bonk and take him to the ground about 80 yards north of the hospital on Ohio Street. Bonk injured the three during the process, leading to him being charged with three counts of second-degree assault, which carries a maximum of seven years in prison.
As part of a plea agreement, Bonk faced a maximum of four years in prison.
“He does have a very rapid series of issues,” Bonk’s attorney Nathan Pace told Judge James Punch during sentencing.
Pace said Bonk struggles with fear, anxiety and drugs fueled the recent crimes. Pace asked the judge for leniency, less than the 4-year maximum.
“I’m not proud of my actions,” Bonk said during sentencing. “I regret my actions sank to those depths.”
Bonk said he was working on getting his life together but struggled after his grandfather died of cancer.
Punch said Bonk has a criminal history and the recent crimes were not impulsive acts. He said Bonk passed many $20 bills around the Medina community and also struck the corrections officer “with a series of blows.”
The judge sentenced Bonk to 4 years on the assault charge and 1 1/3 to 4 years for the forged instrument crime, with both sentences to be served concurrently. He also will have three years of post-release supervision.
By Tom Rivers, Editor Posted 22 May 2017 at 4:54 pm
Gerardo Quiros being held without bail after arraignment
RIDGEWAY – A Ridgeway man was called “extremely violent” by a judge today during arraignment in Orleans County Court.
Gerardo Quiros
Gerardo Quiros, 30, of Ridge Road faces a 36-count indictment after he allegedly held a woman against her will in his home from March 15 to April 29.
He faces seven counts of first-degree rape, 23 counts of first-degree criminal sexual act, third and fifth degree criminal possession of a controlled substance, endangering the welfare of a child, unlawful dealing with a child and unlawful possession of marijuana.
Quiros entered a not guilty plea during the arraignment.
He is being held in the county jail without bail.
“The allegations are of such extreme volatility that I am concerned,” Judge James Punch said during the arraignment.
Quiros was subject of a manhunt after a report on April 29 that he attacked a woman in his house. Quiros fled before police arrived, leading to a massive police search of the area and a stay-in-place order for nearby residents. The search was called off after several hours when police determined Quiros was no longer in the area. He was arrested two days later in Lockport.
Quiros is accused of repeatedly raping and sodomizing the victim, and having drugs with a child present in the house.
Quiros has been free after posting a $200,000 bond. But Judge Punch said this afternoon he would hold Quiros in jail without bail.
District Attorney Joe Cardone said he believes Quiros has hidden weapons that weren’t found after a search warrant was issued for his house.
Punch issued an order of protection for the victim and told Quiros to have his weapons turned into police.
Sebastian L. Bonk, 25, was given the maximum sentence as part of a plea deal.
