ALBION – A man from Texas was sentenced to 60 days in Orleans County Jail plus three years probation for his role in a credit card scheme.

Yoel Martin Pena, 40, pleaded guilty on Sept. 26 to third-degree possession of a forged instrument. As part of a plea deal, he would not be sentenced to more than 364 days in jail. The charge also was downgraded from a felony to a misdemeanor.

Pena was originally charged in February 2012 when he and Felix Darias allegedly had 47 fraudulent credit cards that they used at the Albion Wal-Mart.

The two were Miami, Fla. residents and were charged with first-degree criminal possession of a forged instrument. Pena faced the additional charge of third-degree criminal possession of a forged instrument because he allegedly had a fake South Carolina driver’s license.

Darias was sentenced for the crime, but Pena fled the area. He was picked up recently in Texas and extradited to Orleans County.

District Attorney Joe Cardone had offered Pena a plea deal on Monday for attempted criminal possession of a forged instrument in the second degree, which can carry up to 4 years in state prison. However, Cardone said he reviewed the case and possession of stolen or fraudulent credit cards is considered less of a crime than having stolen cash.

The change in the severity of the charge means Pena was looking at a maximum of one year in jail instead of four years in prison. With the plea deal, the sentence will be no more than 364 days in jail. That maximum sentence, at one day less than a full year, increases the chances that Pena can stay in the country and not be deported.

Judge James Punch gave Pena 60 days in jail plus probation, which Punch is a fitting punishment for a first-time offender.

He warned Pena is he commits any crimes on probation, he could be facing state prison and would likely be deported.

“I think he has learned his lesson,” his attorney Mark Lewis said at sentencing.

In other cases, two people pleaded guilty, including:

• Evan J. Vanskiver, 24, of Hilton admitted to felony driving while intoxicated on Feb. 25 in Albion. Vanskiver has a prior conviction in Parma in 2014.

As part of plea agreement, he will be sentenced to no more than one year in state prison on Jan. 30.

• Angela Tuitt, 20, from Queens pleaded guilty to attempted promoting of prison contraband in the first degree. She is an inmate at Albion Correctional Facility. She admitted to having a lock in a sock with the intent to use it as a weapon to protect herself on May 7, 2015.

The charge carries a maximum of 2 to 4 years in state prison. As part of a plea deal she will face 1 ½ to 3 years in prison. She is currently serving a 2-year sentence for attempted burglary in the second degree.

She will be sentenced on Feb. 27.

Return to top

Steven C. Jones

MEDINA – A Rochester man is the first person arrested in Orleans County for the purchase and sale of medical marijuana in pill and liquid form, the Orleans County Major Felony Crime Task Force reported today.

Steven C. Jones, 47, of 44 White House Dr., Rochester, faces numerous charges after his arrest on Monday following an investigation into the sale and distribution of prescription pills and medical marijuana from the Rochester area to Orleans County.

The Task Force and Medina Police Department stopped a vehicle on South Main Street. Police used a warrant to search the vehicle, 552 Mahar St. and Jones’ residence in the Town of Greece.

Police seized police seized oxycodone pills, hydrocodone pills, medical marijuana in liquid form and medical marijuana in pill form.

Jones was charged with 2 counts of criminal sale of a controlled substance   in the third degree (Class B felonies), 1 count of criminal sale of a controlled substance in the fourth degree (Class C felony) and 1 count of criminal sale of a controlled substance in the fifth degree (Class D felony).

He was arraigned in Albion Town Court by Town Justice Joseph Fuller. Jones was committed to the county jail on $50,000 bail and is scheduled to return to court on Wednesday at 9 a.m.

The investigation is ongoing, and Jones faces at least 14 additional felony charges regarding the sale and possession of controlled substances, said Joseph Sacco, the Task Force’s supervising investigator.

Return to top

ALBION – Two men from Orleans County were sentenced to state prison today, one for grand larceny and the other for a drug crime.

Zachary A. Deville, 22, of Brown Street in Albion was sentenced to 1 to 3 years. He and a co-defendant admitted to entering The Vape Shop when it was closed and stealing a laptop from the business on East Bank Street on April 11. Both Deville and Michael Borrero, 18, have to split the restitution, $1,017 each. (Borrero was sentenced to a year in the county jail on Oct. 24 for attempted third-degree burglary.)

Deville, who has a criminal record, was given a longer sentence. He faced charges of third-degree burglary, fourth-degree grand larceny, and two counts of criminal mischief in the fourth degree.

Deville’s attorney Mark Lewis asked for a sentence that included drug treatment for Deville. Lewis said Deville’s criminal actions are due to his drug use.

Orleans County Court Judge James Punch said Deville has a criminal history that includes crimes in South Dakota. He also has been in drug treatment and didn’t succeed.

“We can’t lesson the sentence because you are a drug addict especially because you have had opportunities for help before,” Punch said during sentencing today.

• In another sentencing today, Michael Thompson, 49, of Medina was sentenced to 2 years in prison criminal possession of a controlled substance.

Thompson sold drugs to a confidential informant, District Attorney Joe Cardone said.

“He wasn’t openly selling drugs to people in the community,” said Thompson’s attorney, David Owens.

He asked the judge to consider a sentence in the local jail or probation, as well as drug treatment program for Thompson.

Punch gave Thompson 2 years in state prison, which is less than the 2 ½ year-maximum.

Thompson has a criminal history going back decades, and has had opportunities to work on his drug problems, Punch said.

The sentencing today is separate from more recent charges against Thompson. He was arrested on Sept. 7 after allegedly getting in an altercation with another person and stabbing that person, causing non-life-threatening injuries.

• In another case today, a former Waterport man, Kelly Chellino of Lockport, pleaded guilty to violating probation and could face up to a year in jail as part of a plea deal.

Chellino admitted he drank alcohol, used cocaine, and punched a person in the head. He said he was sober for 3 years but relapsed in the end of June.

Chellino has several prior misdemeanors and two felonies. He will be sentenced on Dec. 12.

Return to top

Press Release, Acting U.S. Attorney James P. Kennedy, Jr. Western District of New York

BUFFALO – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Albert William Parsons, 47, of Rochester,who was convicted of committing a violent crime in aid of racketeering, was sentenced today to 20 years in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, said that co-defendants Rico Vendetti and Arlene Combs hired three men, including Parsons, Donald Griffin, and Juan Javier, to travel from Rochester to the Medina home of 78 year-old Homer Marciniak to steal Marciniak’s valuable comic book collection in exchange for $1,000 each.

In executing their plan, Parsons, along with Combs, Griffin, and Javier, drove from Rochester to Medina and during the early morning hours of July 4, 2010. They cut Marciniak’s phone line. In the early morning hours of the following day, July 5, 2010, the co-defendants returned to Marciniak’s home.

Wearing ski masks and gloves, Parsons, Griffin, and Javier forcibly entered, and during the course of the burglary, Marciniak, who had a serious heart condition, awoke and confronted the burglars. Griffin struck Marciniak in the face and then, along with Javier, bound his hands with bed linens.

Javier then verbally threatened Marciniak with a BB gun in hand. Parsons, Griffin, and Javier ultimately located the comic book collection along with several strong boxes containing cash, coins, and other valuables. Parsons, Griffin, and Javier fled the scene with Combs and provided the comic books to her. Combs, in turn, together with co-defendant Terry Stewart took the comic books to Vendetti later in the day on July 5.

After the burglars fled his house, Marciniak freed himself and was taken to Medina Memorial Hospital for treatment of his facial injuries. However, after Marciniak was treated and released, he suffered a heart attack, was re-admitted to the hospital, and died shortly thereafter.

Medical experts concluded that the blow Griffin struck, as well as the emotional trauma caused by the burglary, directly contributed to Marciniak’s cardiac arrest and resulting death.

Once Vendetti learned that the burglary resulted in Marciniak’s death, Vendetti disposed of the comic books.

Law enforcement officials within the Rochester Police Department identified the defendants during the course of separate investigation in October 2010. The defendants were arrested soon thereafter.

This burglary grew out of an organized shoplifting ring that stole hundreds of thousands of dollars in merchandise from retail stores such as Walmart, Sears, Home Depot, JoAnn Fabrics, Tops, and Wegmans.

Vendetti, the former owner of Eastside Gold & Car Audio, formerly in Rochester, along with co-defendant, Dayon Shaver, purchased the stolen merchandise for 25 cents on the dollar and then sold the stolen merchandise on eBay for about half of its retail value, primarily to out-of-state customers.

Also convicted in connection with this case:

• Rico Vendetti was convicted of racketeering and was sentenced to 20 years.
• Arlene Combs was convicted of racketeering and was sentenced to 20 years.
• Donald Griffin was convicted of committing a violent crime in aid of racketeering: murder, and was sentenced to 20 years.
• Terry Stewart was convicted of racketeering and was sentenced to 55 months.
• Dayon Shaver was convicted of conspiring to traffic in stolen goods across state lines and was sentenced to 46 months.
• Brandon Meade was convicted of conspiring to traffic in stolen goods across state lines and was sentenced to time-served after serving nine months.
• Juan Javier, who was 17 at the time of the burglary, was prosecuted as an adult in Orleans County and sentenced to 7 years in state prison.

The sentencing is the result of an investigation on the part of Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the New York State Police, under the direction of Major Richard Allen, the Orleans County Sheriff’s Department, under the direction of then Sheriff Scott Hess, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Medina Police Department, under the direction of then Chief Jose Avila and Officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli. Special assistance was provided by Orleans County District Attorney Joseph Cardone.

Return to top

ALBION – A Lockport man received the maximum sentence, 8 years in state prison, as part of a plea deal for admitting his role in manufacturing methamphetamine in an Albion apartment.

Ryan Adkins

Ryan J. Adkins, 22, on Sept. 12 pleaded guilty criminal possession of a controlled substance in the third degree.

As a second felony offender, he could have faced a maximum of 12 years in prison. But as part of a plea deal, Adkins wouldn’t be sentenced to more than 8 years in prison.

Adkins was arrested on April 19 along with six others when Albion police discovered meth was being manufactured in an apartment at 28A East Bank St. Adkins has been identified as the leader of the meth operation by District Attorney Joe Cardone during a previous court appearance.

Adkins apologized for the crime today during his sentencing. He said he has turned his life around, earning his high school equivalency diploma while in county jail. He said that degree could serve as a starting point for living a better life.

“I’m a drug addict,” Adkins told County Court Judge James Punch. “I’ve been dealing with drugs for a long time.”

Brian Degnan, Adkins’ attorney, asked the judge to consider half of the maximum sentence or 4 years. He said Adkins’ problems are due to his drug addiction.

Punch said Adkins has a lengthy criminal history, including a recent conviction in Genesee County Court for having precursors of methamphetamine. The sentence from Genesee will be served with the sentence from Orleans.

“Being a drug addict doesn’t absolve you from this crime,” Punch told Adkins. “You’ve profited from this and you’ve done this before. You’re literally bringing poison into this community.”

In other sentencings today:

• An Albion man, 19, who was arrested along with Adkins on April 19 in the meth bust was sentenced to six months in jail and 5 years probation.

Nicholas D. Barrett is a first-time criminal offender and had a minor role in the operation, Punch said today.

Barrett apologized for the crime.

“I regret that and I will never let it happen again,” he said.

Barrett also has to pay a $325 court surcharge and $50 DNA fee. He has already served time in jail. The judge allowed him to keep his license so Barrett could keep his full-time job in Brockport.

“You’re young and intelligent,” Punch told Barrett. “You can either use your gifts or throw it away in the waste basket.”

• An Albion man was sentenced to 1 to 3 years in state prison for violating his probation.

Evan Shaffer, 23, of Lee Road was charged with driving while intoxicated in Brockport on July 5. He also failed to report for an appearance and was arrested at a bar.

“You have to man up here and conduct yourself accordingly,” Punch told Shaffer.

The judge said he doesn’t want to take a chance Shaffer will get another DWI and kill somebody’s loved one.

Punch said probation was an opportunity for Shaffer but he did “shockingly bad.”

Return to top

RIDGEWAY – A 17-year-old boy from Medina has been charged with second-degree assault after allegedly stabbing a 23-year-old man just below the heart, Undersheriff Chris Bourke said today.

The alleged incident occurred at a party in the early morning hours of Sunday at a private residence on Mill Road in Ridgeway. The victim, a man from Buffalo, tried to gain entry to the party along with some friends. A fight then broke out involving several people, Bourke said.

The victim was initially treated at Medina Hospital for a stab wound to the chest and then was transported by Mercy Flight to the Erie County Medical Center.

The suspect also allegedly stabbed a 2013 Honda car with a large fishing-type knife as friends of the victim were attempting to leave the scene and transport the victim to the hospital, Bourke said.

In addition to second-degree assault, the 17-year-old boy has been charged with criminal possession of a weapon in the fourth degree and criminal mischief in the fourth degree. (Bourke and the Sheriff’s Office didn’t release the boy’s name.)

The suspect was arraigned in Ridgeway Town Court and remanded to the county jail in lieu of $5,000 cash bail or $10,000 bond. The suspect will return to Ridgeway Town Court today for further proceedings.

Bourke stated that the investigation is continuing and additional charges are possible.

This investigation and arrest were conducted by Sgt D. Foeller, Deputy J. Doyle and Deputy M. Stirk.

Return to top

ALBION – Three people pleaded guilty to crimes in Orleans County during court on Monday and two could be looking at sentences in the county jail or state prison.

• Dameon K. Holtfoth, 19, of East Shelby Road in Medina pleaded guilty to first-degree sexual abuse and faces a maximum of six months in jail when he is sentenced on Nov. 28.

Holtfoth admitted to having sexual contact with the victim, who was also intoxicated to the point of being physically helpless.

• A Holley woman admitted to violating her probation by driving with a suspended license, and by using marijuana and heroin.

Stephanie M. Rauch, 27, of North Main Street could face a maximum of 1 to 3 years in state prison when she is sentenced on Nov. 28.

• In another case, a Holley woman pleaded guilty to drug crimes and has been accepted in Drug Court. If she completes treatment and stays off drugs without breaking any other laws, her most serious charge will be reduced to a misdemeanor and she won’t have to go to jail.

Roxanne Thomas, 40, of Holley was arrested on March 2 after she allegedly sold suboxone to an undercover law enforcement officer.

She is facing charges of criminal possession of a controlled substance in the fifth and seventh degrees. The more serious charge carries a maximum of 2 ½ years in state prison.

• A Cheektowaga man who is serving a state prison sentence for third-degree rape was assessed as a Level 2 sex offender by County Court Judge James Punch.

Carson Cavers, 22, was 21 when he allegedly had sex four times with a 16-year-old girl in Shelby. Patrick Balkan, Cavers’ attorney, asked that his client be assessed as a Level 1 offender, the lowest level.

Balkan said Cavers had sex with his girlfriend and there wasn’t drugs or alcohol involved.

Punch said Cavers has a history of marijuana and alcohol use, and also had sex with the girl more than once. That required the judge to assess Cavers as a Level 2 offender. Cavers is at Midstate Correctional Facility in Marcy, near Utica. He is eligible to be released as soon as Dec. 14.

Return to top

3 others sentenced to jail or state prison

ALBION – A Medina man was sentenced to 4 years in state prison this afternoon after he admitted in August to selling cocaine and having a rifle.

Terry Holloway

Terry Holloway Jr., 33, apologized in court today for the crimes.

“There are no excuses for what I did,” Holloway told Orleans County Court Judge James Punch.

Holloway was arrested on Aug. 1, 2015 after a traffic stop in Medina. He has one prior felony conviction.

He could have faced a maximum of 8 years in prison for third-degree criminal sale of a controlled substance and up to seven years for criminal possession of a weapon in the third degree.

As part of a plea deal, Holloway would face no more than 4 years in state prison. Judge Punch gave him the maximum as part of the plea agreement.

Holloway asked for shock camp in prison. The judge said state prison was warranted because Holloway was selling drugs in the community, profiting on other people’s addictions.

Holloway was also ordered to pay $1,660 in restitution towards the Orleans County Major Felony Crime Task Force.

In other sentencings today:

• Joshua Lopez, 37, of Lockport was arrested for selling cocaine last year. He was sentenced to 1 ½ years in state prison despite saying he’s a “changed man” with a job and his own business.

Since Lopez’s arrest on July 16, 2015, he said he has worked to pay off his debts and all of his child support. He has been employed, and opened a business a year ago with plans for another. He also has spoken to high school students about making bad choices.

“The man who stands before you today is remorseful,” Lopez told Judge James Punch.

The judge said Lopez is now a three-time convicted felon who failed previously on probation. Punch said prison was warranted given Lopez’s criminal record and his peddling of cocaine.

“You impress people with your work ethic and your personality,” Punch said. “You are a three-time felon and I can’t ignore that.”

In addition to 1 ½ years in prison, Lopez was sentenced to three years of post-release supervision.

• An Albion man was sentenced to a year in the county jail after he pleaded guilty to criminal possession of a firearm.

Christopher D. Rivers Jr., 19, drew the attention of law enforcement after posting a picture of himself on Facebook with a sawed-off shotgun.

His attorney Robert Fogg said Rivers was in possession of a gun but gave it to someone else because Rivers felt it was dangerous to have a gun and didn’t want to get in trouble. Fogg said the photo of Rivers may not have been the same gun. Fogg asked that Rivers be sentenced to no more than weekends in jail so he could keep his job.

“There was no harm to anyone,” Fogg said about Rivers and gun. “There was no harm to the public.”

Judge Punch said a year in jail was “appropriate” for Rivers.

“This is a serious crime and you have a history of violence,” the judge said.

• A Medina man who sold cocaine was sentenced to six months in jail.

Reginald A. Kendrick, 40, is a first-time felon. He has completed drug and alcohol treatment in jail, where he has been since soon after his arrest in late February. His time in jail will count towards his sentence.

In addition to the six months in jail, Kendrick will be on probation for five years.

Return to top

ALBION – A Holley man was sentenced to 2 years in state prison today for his role in a meth lab.

Michael Parkinson, 32, was arrested in February along with three others after methamphetamine was found at 1 Thomas St. – commonly known as the Holley Hotel.

Parkinson faced multiple charges for manufacturing methamphetamine. Parkinson has prior felonies.

He apologized in court today.

“I can tell you this will never happen again,” he told County Court Judge James Punch.

The judge said Parkinson has “a substantial criminal history.” Punch agreed to waive a $325 court surcharge for Parkinson due to a disability that may prevent him from working in a prison jobs program.

In another case, Michael Borrero, 18, of Albion was sentenced to a year in the county jail for attempted third-degree burglary.

Borrero admitted in a previous court appearance to entering The Vape Shop when it was closed and stealing a laptop from the business on East Bank Street.

Borrero has to pay half of the restitution or $1,017. A codefendant needs to pay the other half.

Borrero has a year to make the restitution payments when he is released from jail.

Punch said Borrero has already been on probation and failed.

“For a person of your age you’ve developed a very serious criminal history,” Punch said during sentencing. “You have to correct it or you’re going to end up in state prison.”

Return to top

Press release, Genesee County Sheriff’s Department

ELBA – At approximately 2:35 p.m. on Tuesday, Oct. 18, the Genesee County Emergency Dispatch Center (9-1-1) received a report from a teller at Elba M&T Bank, 7133 Oak Orchard Road (Route 98), Elba, that the bank had been robbed.

A description of a vehicle involved in the robbery was given to dispatchers and patrols from the Genesee County Sheriff’s Office and New York State Police responded.

The bank teller observed the get-away car and license plate number and reported it to dispatch, along with a description of the two robbers. The car was described as a silver Dodge Stratus, which traveled northbound on Route 98 upon leaving the bank.

The two suspects were wearing face masks, gloves and dark-colored hoodies. The get-away car was located approximately 1/10th of a mile north of the bank and it looked like the suspects got into another vehicle and fled.

Investigation revealed that the silver Dodge Stratus was stolen from the Spencerport area and the license plates were stolen from the City of Rochester.

The amount of money stolen is unknown, but it is believed to be not substantial.

Investigation is continuing by the Genesee County Sheriff’s Office, New York State Police and FBI.

Return to top

ALBION – A Medina man who was out of jail and awaiting sentencing for a drug crime was arrested on Sept. 7 after allegedly getting in an altercation with another person and stabbing that person, causing non-life-threatening injuries.

Michael D. Thompson

Michael D. Thompson, 49, was arraigned in Orleans County Court on Monday for second-degree assault, fourth-degree criminal possession of a weapon, and second-degree menacing.

Thompson entered a not guilty plea in court. Judge James Punch set bail at $50,000 and issued an order of protection for the victim in the alleged assault.

The latest charges against Thompson will be prosecuted separately from the drug charge. Thompson pleaded guilty to criminal possession of a controlled substance, which carries a maximum of 2 ½ years in state prison.

In other arraignments on Monday:

• Adam Gallo, 31, of Eagle Harbor Road in Albion was arraigned on 3 counts each of criminal sale and criminal possession of a controlled substance in the fifth degree, one count of criminal sale of marijuana in the fourth degree, and one count of criminal sale of marijuana in the third degree.

Gallo was charged on Sept. 14 and was allegedly selling marijuana and marijuana wax, a highly potent form of concentrated marijuana.

District Attorney Joe Cardone told Judge Punch that Gallo also allegedly been intimidating an informant. Gallo denied that through his attorney Michael O’Keefe. Punch told Gallo to avoid the informant. If Gallo is threatening the informant, the judge said Gallo will be held in jail without bail. Gallo is currently out of jail after posting $10,000 bail.

• Marcie Conlon, 43, of Holley was arraigned on several felonies, including forgery in the second degree, falsifying business records in the first degree, criminal diversion of prescriptions or prescription medication in fourth degree, petit larceny and criminal possession of a controlled substance in the seventh degree.

Conlon is currently in jail for violating conditions of probation, including driving while intoxicated. The latest charges stem from an alleged crime in April 2015 when she was working at the Iroquois Job Corps in Shelby. Conlon allegedly took a prescription sheet from physician’s assistant and wrote a prescription for student. Conlon then allegedly used the Ativan, a prescription for anxiety, for herself.

• Sherri L. Bartenstein, 35, of Middleport was arraigned for three counts each of criminal sale and criminal possession of a controlled substance in the fifth degree. She allegedly sold Clonazepam, which is used to treat anxiety or panic disorders, from May 11-18, and on June 21.

Return to top

ALBION – Three people pleaded guilty in Orleans County Court on Monday and could be sentenced to either state prison or the county jail.

A Lyndonville man admitted to having cocaine and selling on March 16 in Ridgeway. Jarred Hodgins, 28, of South Townline Road pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence for 4 years in state prison.

He will be sentenced on Jan. 3 at 2 p.m.

• Dustin Herzog, 27, of Albion pleaded guilty to petit larceny. He admitted to stealing chainsaws from Nesbitt Farms, a Waterport fruit farm where he was working.

Herzog said he sold some of the chainsaws at pawn shops.

He could face up to a year in jail when he is sentenced on Dec. 12 at 2:30 p.m.

• Heather Pratt, 32, of Countyline Road in Kendall admitted to driving while intoxicated in Kendall on Sept. 11, 2016. She registered a 0.16 Blood Alcohol Content. She has a previous DWI in December 2013.

She could be sentenced to up to six months in jail when she is sentenced on Jan. 3 at 2 p.m.

Return to top

Sebastian Bonk

ALBION – A Medina man was arraigned in Orleans County Court today for felonies after he allegedly made fake money and escaped custody when he ran out of Medina Memorial Hospital.

Sebastian Bonk, 24, was in jail on Aug. 4. He was taken to Medina Memorial for a health issue. Bonk was at the hospital at 11:20 p.m. when he allegedly 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, Undersheriff Chris Bourke said after the arrest.

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.

Bonk was arraigned today in Orleans County Court before Judge James Punch, who set bail at $100,000 for Bonk, who also has been charged with five counts of first-degree criminal possession of a forged instrument, second-degree escape and resisting arrest.

Bonk also is one of four people facing charges for making counterfeit money. That charge of first-degree criminal possession of a forged instrument carries up to 15 years in state prison.

Return to top

2 others are sentenced in county court, including Batavia man for child rape

ALBION – A Medina man was sentenced to 8 years in state prison today for his role in operating a methamphetamine lab in Shelby.

Joshua Miller

Joshua L. Miller, 36, of 4706 East Shelby Rd. was arrested in July 2015 after police found an active meth in a camping trailer at Miller’s address.

Miller had a prior felony and five prior misdemeanors before his arrest in July 2015. He faced numerous felonies with the meth lab for criminal sale and criminal possession of a controlled substance, unlawful manufacture of methamphetamine in the 3rd degree and 1 count of criminal possession of precursors of methamphetamine.

Miller in court today said his criminal behavior has occurred when he was either drunk or high on drugs. His attorney, David Owens, asked County Court Judge James Punch to send Miller to a shock facility or alternative to incarceration.

Punch said Miller is deserving of a long prison sentence.

“You are a perpetrator of serious crimes and you have been profiting from serious crimes which lead to more addicts in our community and people struggling with their lives,” Punch said.

Miller was responsible for introducing a new and dangerous drug into the community, Punch said.

In other sentencings today:

Nicholas McKague

• Nicholas L. McKague, 24, of West Main Street Road in Batavia was sentenced to seven years in state prison after he allegedly raped a 5-year-old child in Clarendon in 2011.

McKague faced charges of endangering the welfare of a child and course of sexual conduct against a child. He attorney, David Owens, asked that mental health counseling be available for McKague.

Judge Punch said McKague’s “serious crimes” warranted state prison, as well as five years of post-release supervision.

He said McKague hasn’t shown remorse for the crimes. The judge also assessed McKague a $1,000 victim fee, $325 court surcharge and $50 DNA fee.

• A Shelby man who allegedly used his job as a taxi driver to sell crack cocaine and transport a drug dealer to customers – and to transport customers to the drug dealer – was sentenced to six months in jail and five years probation.

Roy W. Bishop, 42, of 11345 Main St. in February was arrested on charges of criminal sale and criminal possession of a controlled substance in the third degree as well as conspiracy in the fourth degree.

Because he is a first-time felony offender, Bishop wasn’t sentenced to state prison, Judge Punch said.

Bishop has been in drug addiction counseling through GCASA and has been working to rebuild his life, his attorney, Jon Ross Wilson, told the judge during sentencing today.

Return to top

MEDINA – A Medina man faces multiple drug charges after he was arrested today for allegedly selling crack cocaine in the villages of Albion and Medina, the Orleans County Major Felony Crime Task Force is reporting.

Eddie Joe Nichols, 61, of 520 West Ave., Medina, has been charged with three counts each of criminal sale and criminal possession of a controlled substance in the third degree (all Class B felonies).

The Task Force and the Medina Police Department arrested Nichols on an Orleans County sealed indictment warrant, handed up by an Orleans County grand jury.

Nichols was arraigned on the sealed indictment in Orleans County Court by Judge James Punch. Nichols was committed to the county jail on $250,000 cash bail. He is to return to County Court on Oct. 31 at 2 p.m.

Return to top