ALBION – A former Albion resident pleaded guilty to third-degree burglary in Orleans County Court today and could face 2 to 4 years in state prison when he is sentenced on July 31.

Michael R. Bauer, 38, admitted in court 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, who now lives in Middleport, 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.

In another case in court today, Kevin McEwen, 41, of Kendall was scheduled to be sentenced but the sentencing was pushed back a week when McEwen said he is getting a new attorney.

He pleaded guilty on Feb. 28 to 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. He faces up to two years in state prison when he is sentenced.

One admits to trying to bring contraband into prison, while an inmate admits to throwing urine at CO

ALBION – Two people today pleaded guilty in Orleans County Court to committing crimes at Orleans Correctional Facility, a medium-security prison.

Adeosun Hughes, 24, of Rochester admitted he tried to bring a ceramic razor blade into Orleans Correctional on April 15, 2023. He was there visiting.

He pleaded guilty to attempted promoting prison contraband and faces 1 to 3 years in state prison when he is sentenced on July 3.

Hughes is currently at Wyoming Correctional Facility for a 2-year sentence for attempted criminal possession of a weapon in the second degree.

Isaiah Yarborough, 26, from New York City admitted he threw urine at a corrections officer while Yarborough was incarcerated at Orleans Correctional on May 16, 2023.

Judge Sanford Church asked Yarborough if the urine was thrown at the CO with an intention to harass, annoy or alarm.

“Yes,” Yarborough responded.

He pleaded guilty to aggravated harassment of an employee by an inmate and faces a 1 ½ to 3-year maximum sentence on July 3.

Yarborough is now at the Wallkill Correctional Facility, serving an 8-year sentence for attempted robbery in the 1st, criminal possession of a weapon in the 2nd, and attempted robbery in the second degree.

Darrin Brown, 34, formerly of Orleans County and now of Lockport, was congratulated by the judge for completing a treatment program. Because Brown was successful in the program, a felony charge of fourth-degree grand larceny has been vacated. He instead faces a misdemeanor petit larceny charge and doesn’t have to go to jail.

“I want to formally congratulate you for completing the program,” Church told Brown. “Thank you for hanging on and actually doing it.”

ALBION – An Albion man pleaded guilty to five crimes today in Orleans County Court and faces a maximum of five years in prison, plus five years of post-release supervision when he is sentenced on May 29.

Alexander Gelo

Alexander C. 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.

Today in court Gelo pleaded guilty 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.

Gelo will be held in the Orleans County Jail without bail until sentencing.

In another case in county court today, Garrett Strickland, 31, was sentenced to six months in the county jail for violating his probation.

Strickland, 31, of Medina admitted he didn’t notify probation of a change in his address to Holley, missed several probation appointments and consumed alcohol. He was on probation for bail jumping in Genesee County.

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

Cody Scharlau, 34, of Medina was sentenced to six months in the county jail, plus five years of probation for criminal possession of a controlled substance in the fifth degree.

Public defender Joanne Best asked that Scharlau just be given probation. She said he has struggled with drug addiction, and will benefit from programs required to be on probation.

Judge Church said jail was needed due to the crime.

“Possessing cocaine and drug paraphernalia is not acceptable in our community,” Church said during sentencing.

In other cases:

•  Angel Marrero, 46, of Rochester was sentenced to two years in state prison and three years of post-release supervision for three burglaries in Orleans County. He also has to pay $7,253 in restitution to State Farm.

Marrero didn’t have any criminal conviction since 2009, but a recent relapse into drug addiction led to the crimes in Orleans County, Best told Judge Church.

“He admits he has severely fallen off the wagon,” Best said. “He has a pretty serious drug addiction problem.”

Marrero in June 2023 stole tools and electronics from a Ridge Road site in Murray, and then in July burglarized two sites on South Holley Road in Clarendon, stealing a generator, shotgun, jewelry and copper piping.

• Alexander Blount, 34, of Medina was sentenced to 1 to 3 years in state prison for violating his probation.

Blount was on probation for reckless endangerment in the first degree. He started a fire inside an apartment on Telegraph Road in Ridgeway that put people in danger who lived in other apartments in the building.

• Jayah Osby, 24, of Albion pleaded guilty to criminal possession of a controlled substance in the fifth degree. He faces six months in the county jail and five years of probation when he is sentenced on May 22.

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.

In court today, Osby admitted he had 29 grams of cocaine.

• Jonathan Dodson, 38, ofHolley was arraigned for felony driving while intxciated and aggravated unlicensed operation of a motor vehicle in the 1^st degree. He was charged in Barre on Dec. 29.

• Lawrence Miller, 31, of Medina was arraigned for DWI, AUO in the 1^st degree and resisting arrest for a rollover accident on June 25, 2023 on Maple Ridge Road.

Miller allegedly walked away from the scene of the accident, and didn’t comply with law enforcement officers near the scene.

ALBION – A Lockport man, formerly of Rochester, was sentenced to two years in state prison today after he was found to have cocaine and crack cocaine during a traffic stop in Barre.

Corey Weathers pleaded guilty to criminal possession of a controlled substance in the fifth degree on Oct. 18.

He was given the maximum sentence as part of a plea agreement.

Weathers was stopped on Route 31A (West Lee Road) in Barre on Nov. 22, 2022. Law enforcement found two bags with a white powder that was confirmed to be cocaine, District Attorney Joe Cardone said in a previous court appearance.

Weathers is a second-felony offender. He was sentenced by County Court Judge Sanford Church.

In another case, a Medina man, 21, pleaded guilty to attempted criminal sexual act in the first degree.

When the man was 15 or 16 an 8-year-old girl performed oral sex on him. The incident wasn’t disclosed by the victim until several years later, said John Sansone, assistant DA.

The man could face state prison or he could be sentenced as a youthful offender and get probation. If he is a youthful offender, his name shouldn’t be disclosed publicly.

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

Barron Williams, a former inmate at the Orleans Correctional Facility, received a 3- to 6-year sentence in state prison for promoting prison contraband in the first degree.

Williams, 26, is now incarcerated at the Wyoming Correctional Facility in Attica, serving a five-year sentence for criminal possession of a weapon in the second degree in the Bronx.

Williams rejected a plea offer in the case and went to trial and was convicted. He had a toothpick container that was sharpened to be a weapon.

Susan Howard, assistant district attorney, prosecuted the case in a three-day trial in December.

In the other sentencing today, Andrew Coley, 25, of Albion was sentenced to three years in prison for second-degree assault for allegedly choking and hitting an 85-year-old man in Carlton that Coley was living with.

Joe Cardone, the district attorney, said Coley already has a long criminal history and deserves time in prison after choking the elderly man, who then suffered a slight stroke.

Coley apologized in court to his family.

In other cases, a former Albion resident who now lives in Middleport was arraigned for third-degree burglary, petty larceny and criminal mischief in the fourth degree.

Michael R. Bauer, 38, allegedly broke into the Plaza Liquor Store in Albion on Aug. 20, damaging the building and some of the merchandise.

Bauer is accused of smashing the front window and damaging the door frame. An investigation by the Albion Police Department determined 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, police said.

• A man with the formal name of Raine, who is also known as Izzie Barnes, pleaded guilty to possessing a sexual performance of a child.

Barnes of Medina faces up to six months in the county jail and 10 years of post-release supervision when he is sentenced on May 8. He has no prior criminal history and may have be register as a sex offender.

The Center for Missing & Exploited Children detected Barnes accessed a video of a girl younger than 16 in a sexual act, Cardone said in court. Law enforcement seized Barnes laptop and discovered he possessed the video.

ALBION – A former corrections officer was sentenced to six months in the county jail and 10 years of post-release supervision.

Jonathan Dejesus, 42, of Dunkirk apologized in Orleans County Court today before Judge Sanford Church.

Dejesus was sentenced for third-degree rape and official misconduct. He admitted to sexual intercourse with a female inmate at the prison in August 2022.

District Attorney Joe Cardone said the state Corrections Department strongly states to COs in their training that they are not to have relations with inmates.

“He compromised the other people he works with and his family by having this relationship,” Cardone said in court today.

Joanne Best, the public defender, said Dejesus is “extremely remorseful.” She asked that he not be incarcerated and only have the post-release supervision so he could continue working full-time in a new job he started last June. If the judge wanted Dejesus to be in jail, Best asked for weekends only.

“He is extremely regretful for what happened,” Best told Judge Church. “His behavior was inappropriate and he knows that.”

Church gave Dejesus six months in jail and 10 years of post-release supervision where he has to monitored. Church said Dejesus’s action were a clear violation of the policy of being a corrections officer.

Dejesus will have a hearing on April 17 to determine if he will be on the sex offender registry and at what level. He also has to pay a $1,000 sex offender fine, $300 court surcharge and $25 crime victim’s fee.

In other cases today in County Court:

• Kevin McEwen, 41, of Kendall pleaded guilty to 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 didn’t try to hit anybody, he was just trying to scare them, Cardone said.

“He did not point at them,” Cardone said. “His intent was to intimidate.”

McEwen admitted in court to having a loaded firearm, and shooting it at a zucchini to scare people.

He faces up to two years in state prison when he is sentenced on May 1.

• Vincent McLeod, 26, a former inmate at Orleans Correctional Facility in Albion pleaded guilty to attempted promoting prison contraband for having a black ceramic razor blade on Nov. 29, 2022. He faces 1 ½ to 3 years more in state prison when he is sentenced on May 29.

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.

• Richard Cuello, 45, a former inmate at Orleans Correctional pleaded guilty to attempted assault in the second degree after an altercation with a corrections officer on March 23, 2023.

Assistant DA Susan Howard said Cuello jumped a CO when the officer went into the bathroom and caused the officer to hit his head, causing a concussion, dizziness and other issues that continue to keep him out of work.

Cuello said he was brushing his teeth when the officer sprayer him in the eyes, causing him to react. When the two tumbled to the ground the officer hit his head on a chair, Cuello said.

Judge Church told Cuello he could go to trial and say he was using self-defense, but Cuello would risk a more serious charge. He opted to pleaded guilty to attempted assault, with a maximum of another 1 ½ to 3 years in prison. He will be sentenced on May 29.

He is now an inmate at the Upstate Correctional Facility in Malone. He is serving a 25-year sentence for first-degree murder.

ROCHESTER – A Holley man pleaded guilty in Monroe County Court on Wednesday to third-degree burglary as a sexually-motivated felony.

Daniel Seeler, 66, admitted in court that he broke into a daycare center in Brockport three times in an attempt to be a baby girl, WHAM Channel 13 reported.

Seeler is currently completing treatment and will spend a year being supervised by the court. He will be sentenced after his treatment is complete, WHAM reported.

Seeler was indicted in August in Monroe County Court  following an investigation of break-ins at the Inspire! Learning and Child Care Center in Clarkson in January and February 2023.

He  allegedly left money and a note requesting adult-size diapers at the daycare center on Jan. 30, 2023. The center’s director contacted police and a security camera was installed, according to WHAM.

Seeler then allegedly left a similar note and $200 a few days later. The new security system alerted the director on Feb. 11 to the break-in. The director received another security alert and saw surveillance video of a man playing with diapers, WHAM reported.

Seeler has been a real estate developer in Holley area, including making major renovations to the former Tagg’s Tavern, turning that site into the Holley Falls Bar & Grill. He is no longer involved in managing that site which is currently closed.

Press Release, U.S. Attorney Trini E. Ross, Western District of New York

ROCHESTER – U.S. Attorney Trini E. Ross announced today that Stephen Nicot, 61, of Rochester, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to receipt of child pornography, which carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Stephen Nicot

Assistant U.S. Attorney Meghan K. McGuire, who is handling 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 plea 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.

Sentencing is scheduled for May 6 before Judge Geraci.

Press Release, U.S. Attorney Trini E. Ross, Western District of New York

ROCHESTER – Ebony Shine, 37, of Rochester, and formerly of Medina, was sentenced to 10 years in prison on Tuesday by U.S. District Judge Charles J. Siragusa.

Shine was convicted of conspiracy to possess with intent to distribute, and to distribute, 400 grams or more of fentanyl,

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Shine was arrested on Nov. 15, 2022, after investigators executed federal search warrants at her residence on Post Avenue in Rochester and several other locations.

During the search of Shine’s residence, approximately $4,506 in U.S. currency, drug paraphernalia, three firearms, and over 100 rounds of ammunition, were recovered. On 12 occasions between October 2021, and November 15, 2022, at locations in Medina and Rochester, Shine sold over 440 grams of fentanyl, 119 grams of cocaine, and a 9mm pistol to an individual working with law enforcement.

Shine supervised the distribution of quantities of fentanyl by her sons and co-conspirators, Emmanual Taylor and Nasir Shine. Taylor and Nasir Shine were previously convicted and are awaiting sentencing.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.

The sentencing is the result of an investigation by the Orleans County Major Felony Crime Task Force, under the direction of the Orleans County District Attorney’s Office and District Attorney Joseph Cardone, 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 A. Tarentino III, New York Field Division, the Orleans County Sheriff’s Office, under the direction of Sheriff Christopher Bourke, the Medina Police Department, under the direction of Chief Todd Draper, the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti, and the Rochester Police Department, under the direction of Chief David Smith.

ALBION – A Medina man who admitted to having fentanyl with the intent to sell it, and also having a load firearm was sentenced to six years in state prison today as well as five years of post-release supervision.

Xavier Hand

Xavier Hand was sentenced by Orleans County Court Judge Sanford Church. Hand pleaded guilty to criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the second degree.

Church sentenced Hand to the maximum under a plea agreement. He could have faced up to 15 years in prison without the plea if convicted at a trial.

Hand was charged last February and accused of selling and distributing fentanyl pills disguised as prescription oxycodone pills. He also allegedly disguised Xanax bars and high-grade marijuana.

Law enforcement seized 114 fentanyl pills disguised as Oxycodone pills, over 2,000 disguised Xanax bars, over a half of pound of Psilocybin mushrooms, over 14 pounds of high-grade marijuana, over $156,000 in cash, a loaded .40 caliber semi-automatic pistol, scales, numerous packaging material and other drug paraphernalia.

“This defendant is an extensive seller of drugs in our community,” District Attorney Joe Cardone told Judge Church.

Hand kept the drugs at his home and also from a storage unit.

Joanne Best, the public defender, disputed that hand has an extensive record of selling drugs. He has one previous arrest for drug possession.

She said Hand has taken full responsibility for his actions. She asked for a drug treatment o shock program while incarcerated. She said Hand functioned as a mule in the drug sales.

Hand apologized to the community, his friends and family for the crimes. He said he grew up in a broken and lost his father when Hand was 6 years old and his mother when he was 12. Hand said he recently has been baptized and wants to lead a church someday, educating people about the dangers of drugs.

Judge Church said Hand played an active role in the drug sales, and was on probation when committing the crimes.

“I think he was more than a mule,” Church responded to Best.

In another case today, Judge Church sentenced Jennifer T. Sportsman, 48, of Clarendon to two years of probation for criminal possession of stolen property.

Press Release, U.S. Attorney Trini E. Ross Western District of New York

BUFFALO – U.S. Attorney Trini E. Ross announced today that Nicholas Laffin, 28, of Rochester was arrested and charged by criminal complaint with production and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, on December 27, 2023, the Albion Police Department received a report that a man was found in the bedroom of a 13-year-old girl (minor victim), together with the minor victim. The man fled the area but left a cell phone in bedroom.

The minor victim told police that she met the man at the Hoag Library in Albion, and believed him to be approximately 20 years old. A few days later, on December 31, 2023, Laffin was located in Albion near the minor victim’s residence and advised Albion Police that his cell phone had been stolen on December 26, 2023, in Albion.

Laffin was arrested for endangering the welfare of a child. On January 3, 2024, seven items of digital evidence were turned over to the FBI. An initial review of Laffin’s cell phone located in the minor victim’s bedroom recovered multiple images and video files of child pornography involving the minor victim.

The complaint is a result of an investigation by the Albion Police Department, under the direction of Chief David Mogle, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Tonawanda Police Department, under the direction of Chief James Stauffiger.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

ALBION – A Clarendon man, age 50, acknowledged in Orleans County Court today he has struggled to stay out of trouble since he was 16.

Wade Murphy

Wade Murphy said he hopes he can make better decisions. He was sentenced to 3 ½ to 7 years in state prison today by County Court Judge Sanford Church.

Murphy was sentenced for third-degree criminal possession of stolen and also criminal possession of a weapon in the fourth degree. That time will be served concurrently with a strangulation charge in Genesee County. Murphy was sentenced to six years in prison on that charge.

“I’m too old for this,” Murphy told Judge Church today. “I have some serious crazy issues.”

Murphy said he will go stretches where he makes good decisions, then slips up. He said he would benefit from mental health counseling and drug treatment.

“I don’t know exactly what’s wrong with me but something is wrong,” Murphy said. “I want to do something to change the future and not just repeat the past.”

Murphy was charged after allegedly having a stolen UTV, zero-turn lawn mower, utility trailer, jet ski, and a large tow behind camper. The items have been returned but District Attorney Joe Cardone said a jet ski sustained $5,000 in damages. Murphy agreed to pay restitution when he is released from prison.

In other sentencings today:

Chasity Zinnate, 42, of Medina was stenced to 1 to 3 years in prison for burglary, grand larceny and criminal possession of stolen property. She allegedly stole $8,200 worth of items from a business on Main Street in Medina and attempted to break into another location. As part of her sentencing today, she needs to pay $3,999 in restutition.

Steven Johnson, 22, was sentenced to 1 /2 to 3 years of additional time in state prison for promoting prison contraband at the Orleans Correctional Facility, where he was incarcerated in April 2022 and possessed a sharpened plastic handle with a metal wire. Johnson has been in prison after being convicted of second-degree murder in Queens in 2020.

Cesar Morales, 36, is a former Orleans Correctional inmate who also was sentenced to another 1 ½ to 3 years in state prison for promoting prison contraband. He is in prison for attempted robbery in Suffolk County.

Anthony Disanferdinando

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

Anthony Disanferdinando, 28, of Hindsburg Road pleaded guilty on Oct. 4 to third-degree criminal possession of a controlled substance and criminal possession of a firearm.

He could have faced six years in state prison. His attorney, David Morabito, asked the judge to sentence Disanferdinando to probation only. Disanferdinando possessed many of the firearms from his stepmother, who gave them to Disanferdinando after his father died.

Disanferdinando said he kept the firearms, including many that were loaded, out of concerns for his safety. He acknowledged he sold and used drugs.

“This is classic example of someone selling drugs to buy drugs to self medicate,” Morabito said.

Disanferdinando needs treatment for drug addiction and mental health, his attorney said.

“He’s not a menace to society,” Morabito said. “He’s not a danger to the community. He just needs rehab.”

District Attorney Joe Cardone said law enforcement seized over 10 ounces of cocaine from Disanferdinando. The Orleans County Major Felony Crimes Task Force also seized a quantity of LSD, a quantity of prescription narcotic pills, THC wax, THC vapes, over 5 pounds of high-grade marijuana, $8,000 in cash, four loaded semi-auto pistols, 24 rifles and shotguns, scales, numerous packaging material and other drug paraphernalia.

Disanferdinando is paralyzed and in a wheelchair due to injuries from a car accident on Dec. 18, 2021. Morabito said the state Department of Corrections and Community Supervision (DOCCS) is concerned about meeting Disanferdinando’s medical needs and daily care in prison, but DOCCS did not send a letter stating that.

Church declined to adjourn the case to get an official response from DOCCS. He noted the sentencing was set on Oct. 4, three months ago.

Disanferdinando apologized for the crimes, and said he intends to work on his mental health and sobriety.

“I am deeply remorseful for my actions,” he said. “ I acknowledge my actions were wrong.”

ALBION – A Medina man was sentenced today to six months in the Orleans County Jail and five years probation for driving recklessly and drunk on May 8 in a crash that resulted in the death of his brother.

Todd Sands, 57, was apologetic and remorseful in court this morning before Judge Sanford Church.

“I take full responsibility for what happened,” Sands said during sentencing. “I caused a lot of damage for my brother’s wife, children and grandchildren who will never be able to see him again.”

Todd Sands was driving up to 94 miles per hour on Route 31A when he went off the road and struck a tree. Both he and his brother were ejected from the vehicle with Timothy Sands killed in the crash.

Todd Sands is disabled from injuries from the accident, his attorney Gregory Colavecchia said. He asked that Sands not be incarcerated and be sentenced to probation.

“He accepts responsibility,” Colavecchia told Judge Church. “Internally, emotionally and mentally he is serving a life sentence.”

Colavecchia submitted letters to the court that sought leniency for Sands. The widow of Timothy Sands also sent in a letter, asking for treatment and counseling for Todd Sands, and not jail.

District Attorney Joe Cardone said incarceration was warranted given that Todd Sands “was driving in a very reckless manner.” Cardone said other motorists were endangered that day.

The district attorney said Sands has three prior DWIs, but none since 2002.

Judge Church in his sentence noted that Sands had a BAC of 0.175 percent, more than double the legal limit, and also tested positive for THC, while driving more than 90 miles per hour without wearing a seatbelt.