county court

2 arrested in large cocaine seizure in Orleans County

Staff Reports Posted 20 June 2016 at 12:00 am

ALBION – Two people have been arrested after cocaine with a street value of $150,000 was seized on Friday, the Orleans County Major Felony Crime Task Force is reporting today.

Police seized 1 kilogram (2.2 pounds) of cocaine that was hidden in the engine compartment of a vehicle that was stopped on East Avenue in Albion. The arrests were made following an investigation into the sale and distribution of cocaine from Texas to Orleans County.

Daniel Guzman

Luis Alberto Sanchez-Garza

The Orleans County Major Felony Crime Task Force along with the Albion Police Department, the Orleans County Sheriff’s Office and the Genesee County Sheriff’s Department stopped the vehicle in Albion and detained the driver and passenger of the vehicle.

Upon further investigation by the Task Force and a K9 sniff conducted by the Albion Police, a search warrant was obtained for the vehicle and subsequently executed. Police seized 1 kilogram of cocaine hidden in the engine compartment of the vehicle.

The following were charged:

Daniel Guzman, 29, of 8305 Park Place Mt. Blvd., Houston, Texas. He was charged with one count of criminal possession of a controlled substance in the first degree, a Class A-1 felony.

Luis Alberto Sanchez-Garza, 31, from Mexico. He was charged with one count of criminal possession of a controlled substance in the third degree, a Class A-1 felony.

Guzman and Sanchez-Garza were arraigned in Town of Albion Court, by Town Justice Gary Moore. They were committed to the Orleans County Jail without bail. Both are to return to Town of Albion Court on June 28 at 9 a.m.

This investigation is ongoing and further charges and arrests are pending, said Joseph Sacco, supervising investigator for the Task Force.

Immigration and Customs Enforcement Office of Enforcement and Removal Operations and the U.S. Drug Enforcement Administration also assisted in the investigation.

3 Salamaca brothers sentenced to 4 months jail, ordered to pay $164K in restitution

By Tom Rivers, Editor Posted 20 June 2016 at 12:00 am

ALBION – Three brothers who faced grand larceny charges as part of a food stamp scheme were sentenced to four months of intermittent time in jail today, as well as an order to pay about $164,000 in restitution.

“You guys were running a crooked business,” Orleans County Court Judge James Punch said at sentencing today.

He said they failed to pay their honest share of taxes, and were cheating the government.

Myron, Olec and Alexander Salamaca were arrested on Oct. 27 following a 15-month investigation where the Salamacas and some employees allowed customers to illegally exchange food stamps in the Supplemental Nutritional Assistance Program (SNAP) at 70 percent of their value, the Orleans County Major Felony Crime Task Force said then.

The Salamacas would swipe electronic DBT cards and give customers cash back or allow them to buy alcohol, untaxed cigarettes, gas and other items unauthorized by the program, District Attorney Joe Cardone said in court on April 4, when the brothers pleaded guilty to grand larceny.

Myron and Olec are the owners of the store. Charles Rogers, attorney for Alexander Salamaca, said his client was only an employee at the store, and was just following directives from his brothers.

“The two brothers gave him instructions on what to do and he did it,” Rogers said on behalf of Alexander Salamaca.

“I don’t think you’re absolved by just saying, ‘I was following orders,'” Judge Punch responded. “I think you’re equally culpable.”

The judge gave Alexander the same punishment of four months in jail, plus five years on probation. Punch said the restitution schedule will be determined after consulting with Probation.

Ben Bonarigo, attorney for Olec Salamanca, said the family has owned the Murray Superette for 37 ½ years.

“These are hard-working men,” Bonarigo said.

The Salamacas attempted to sell the business before, but couldn’t get a buyer. They started to cheat other people and the government, Bonarigo said.

“He knows what they did was wrong,” Bonarigo told the judge on behalf of Olec.

Punch said the brothers had other options and didn’t need to resort to their scheme.

“It doesn’t fly with me that you were in a difficult business and decided to cheat people,” Punch said.

The brothers will spend partial weeks in jail over the next four months with Myron in jail from 6 p.m. Friday to 7 a.m. Monday, Olec from 6 a.m. Sunday to 7 a.m. Wednesday and Alexander from 6 p.m. Tuesday to 6 a.m. on Friday.

They will pay a joint restitution of $15,000 to the New York State Department of Taxation for sales tax on untaxed cigarettes. They will also pay $149,102 to the U.S. Department of Agriculture for abuses in the food stamp program.

Thomas Burns, attorney for Myron Salamaca, said the brothers “have been cooperative throughout the entire process.”

Punch said as terms of their probation they are not to consume alcohol, but they will be permitted to sell it at the Murray Superette.

Texas man held without bail in cocaine arrest; $500K bail for other man facing charges

Staff Reports Posted 20 June 2016 at 12:00 am

ALBION – Two men accused of trying to smuggle cocaine went before Orleans County Court Judge James Punch today to determine their bail.

Punch said one of the men arrested, Daniel Guzman, 29, of Texas, will be held without bail due to “repeated out-of-state convictions,” Punch said in court today. Guzman, a resident of Houston, also is wanted on a warrant from Texas.

Punch said there is question if Guzman provided the right identification to law enforcement.

He was arrested on Friday along with Luis Alberto Sanchez-Garza, 31, from Mexico. The judge set bail for Sanchez-Garza at $500,000.

Police seized 1 kilogram (2.2 pounds) of cocaine that was hidden in the engine compartment of a vehicle that was stopped on East Avenue in Albion. The arrests were made following an investigation into the sale and distribution of cocaine from Texas to Orleans County.

Both men face Class A-1 felony charges. The cocaine seizure was the largest in Orleans County history. The drug seized has a street value of about $150,000.

Busy court includes arraignments for child rape, drug charges, larceny

By Tom Rivers, Editor Posted 14 June 2016 at 12:00 am

ALBION – It was a busy court calendar Monday in Orleans County Court. Several people were arraigned for alleged crimes in the county.

Dameon K. Holtfoth, 19, of East Shelby Road in Medina was to be arraigned for first-degree rape, first-degree sexual abuse and third-degree incest for an incident on March 15.

But Holtfoth did not show up in court. A warrant has been issued for his arrest.

A Medina man was arraigned for attempted promotion of a sexual performance of a child and endangering the welfare of a child. Judd A. Farewell Jr., 24, of Countyline Road allegedly tried to solicit an underage girl to send him naked pictures of herself.

District Attorney Joe Cardone said Farewell gained access to the alleged victim through social media. Judge James Punch set bail at $100,000 for Farewell and issued an order of protection for the alleged victim.

Betty Russell, 56, of West Avenue in Medina was arraigned on two counts each of criminal possession and criminal sale of a controlled substance in the fifth degree.

She allegedly twice sold hydrocodone and acetaminophen pills. The judge continued her bail at $5,000.

Allen Snook, 33, was partially arraigned in County Court on two counts of criminal sale of a controlled substance in the third degree, three counts of criminal possession of a controlled substance in the third, and one count of CPCS in the fifth degree.

Snook allegedly sold morphine twice and had the opioid pain medication in his possession. The court is determining whether there is a conflict in the public defender’s office to represent Snook. He will be fully arraigned on June 20. The judge set bail at $25,000.

Wade Sargent, 22, of West Shelby Road in Middleport was arraigned on fourth-degree grand larceny. He allegedly stole a handgun from his father and sold it for money to buy heroin, District Attorney Joe Cardone said in court.

A full arraignment will be completed on Friday when Sargent has counsel. Judge Punch set bail at $2,500.

4 are sentenced to jail/prison for crimes in Orleans

By Tom Rivers, Editor Posted 13 June 2016 at 12:00 am

ALBION – Four people will spend time in either the Orleans County Jail or state prison for crimes in Orleans County, Judge James Punch decided today in County Court.

A Medina man was given 1 ½ to 3 years in state prison for attempted assault in the second degree. Michael B. Collier Jr., 23, of East Oak Orchard Street admitted in a previous court appearance to using a knife to stab a 16-year-old on Oct. 24. The teen has recovered from the attack.

Collier is a second felony offender, which made a state prison sentence mandatory, Punch said in court.

The charge of attempted assault in the second degree normally carries a maximum sentence of 2 to 4 years in state prison. As part of a plea deal, Collier faced 1 ½ to 3 years in prison. The judge gave Collier the maximum in the plea deal.

Collier’s attorney Michael O’Keefe said Collier has drug and alcohol problems that were a factor in the crime. O’Keefe asked that Collier be sentenced to the Willard drug treatment program for state inmates. Punch declined that request.

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

Collier also was ordered to pay a $325 court surcharge and $50 DNA fee.

In other cases:

A Brockport man was sentenced to 2 ½ years in state prison on drug charges. Jerry Walls, 46, was arrested in December 2014 with two others following a five-month investigation into the sale and distribution of prescription narcotics in the Village of Albion, the Orleans County Major Felony Crime Task Force reported on Dec. 4, 2014.

Walls is a second felony offender, previously convicted of grand larceny in the fourth degree in Orleans County Court on July 20, 2009.

In addition to the state prison time, Walls was sentenced to three years of post-release supervision, had his license suspended for six months, and ordered to pay a $325 court surcharge and $50 DNA fee.

A Waterport woman was sentenced to a year in jail for attempted burglary in the second degree.

Mary Golding, 51, of Harris Road in Waterport admitted in a previous court appearance she went to a neighbor’s house on Harris Road on Nov. 8 and stole a jewelry box so she could feed her heroin addiction. Golding said she has since been in rehab.

The charge normally carries a maximum of 2 to 7 years in state prison. As part of a plea deal, Golding faced a maximum of a year in the county jail. Punch said documented mental health issues for Golding convinced him not to send her to state prison.

The judge declined to sentence her to probation, because she has been on probation before but was unsuccessful.

“You have a long history of petty crimes and refusing to cooperate on probation,” the judge said.

He also ordered her to pay the $325 court surcharge and $50 DNA fee. He also issued an order of protection for the victim of the crime.

A Holley woman was sentenced to six months in jail attempted promotion of prison contraband in the first degree.

Stephanie M. Rauch, 27, of North Main Street admitted in a previous court appearance to bringing a controlled substance into the Orleans County Jail on Oct. 1. Rauch tried to bring suboxone into the jail to give to an inmate. She was stopped at the jail gate. The substance was tested at the Niagara County Sheriff’s Department lab and found to a controlled substance and narcotic, District Attorney Joe Cardone told Judge Punch.

Rauch could have faced up to 4 years in state prison. Her attorney, Michael O’Keefe, asked the judge to sentence her to probation.

“I’m sorry and please give me a chance to prove I’m better than I’ve done,” she told the judge.

Punch noted she hadn’t been on probation before. In addition to six months in jail, he sentenced her to five years on probation.

“You need to stay sober and stop committing these petty crimes,” Punch told Rauch at sentencing. “You’re looking at state prison if you screw up again.”

State corrections officer arrested for selling drugs

Staff Reports Posted 9 June 2016 at 12:00 am

Ronald W. Standish Jr.

ALBION – A corrections officer at the Orleans Correctional Facility, a medium-security men’s prison on Gaines Basin Road, has been charged with selling drugs, although law enforcement officials say it’s “undetermined at this time” if the corrections officer was providing drugs to inmates.

Ronald W. Standish Jr., 32, of Holley Road in Albion was arrested on Wednesday after an investigation into the sale and distribution of heroin and cocaine in Albion.

The Orleans County Major Felony Crime Task Force, the Orleans County Sheriff’s Department and the Albion Police Department K9 Unit executed a search warrant at Standish’s residence. As a result, investigators with the Orleans County District Attorney’s Office arrested Standish on numerous sale and possession charges.

Standish was charged with four counts of criminal sale of a controlled substance in the third degree (Class B felonies) and four counts of criminal possession of a controlled substance in the third degree (Class B felonies).

He was arraigned in Albion Town Court by Justice Joseph Fuller. Standish was committed to the Orleans County Jail on $25,000 cash bail or $50,000 bond. He is to return back to Town Court on Friday at 9 a.m.

Standish has been a correction officer for approximately four years.

“This investigation is ongoing,” said Joe Sacco, supervising investigator for the Task Force. “It’s undetermined at this time if Standish was supplying drugs to inmates within the prison. The New York State Department of Correctional Services Inspector General’s Office is assisting in this investigation.”

Several plead guilty to crimes in Orleans

By Tom Rivers, Editor Posted 7 June 2016 at 12:00 am

ALBION – Four people pleaded guilty on Monday to crimes in Orleans County, and could be sentenced to either jail or state prison.

Christopher J. Price, 28, of 1 Thomas St., Apartment D. in the Holley Hotel pleaded guilty to unlawful manufacture of methamphetamine in the third degree. As a second felony offender, he could be sentenced to a maximum of 1 ½ to 4 years in state prison on Aug. 15 at 2:30 p.m.

Price was arrested on Feb. 4 after an investigation into a methamphetamine manufacturing and distribution operation in Holley. Three others also were charged and their cases are pending.

Richard M. Fidanza, 39, of 243 East Ave., Albion, could be sentenced to up to 1 ½ to 3 years in state prison after he pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Fidanza admitted he sold suboxone on Oct. 1, 2015. As a second felony offender, the maximum sentence would normally be up to 4 years, but his sentence will be no more than 3 years as part of a plea deal.

He will be sentenced on Aug. 15 at 2 p.m.

A Rochester man pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum of 2 ½ years in state prison as a first-time offender.

Steven L. Carter, 23, admitted in court to having cocaine during a traffic stop in January on Clarendon Street in the Village of Albion. Carter has no prior criminal record and is a trustee in the county jail, where he has been since January. Orleans County Court Judge James Punch agreed to reduce Carter’s bail to $1,000 after a request for Carter’s attorney, Brian Degnan. Carter will be sentenced Aug. 29 at 2 p.m.

Brandie Sumeriski, 21, of Albion admitted to violating her probation by drinking alcohol, smoking marijuana, socializing with people she wasn’t supposed to be around, not earning her GED, not completing her community service, and not attending mental health sessions regularly. Judge Punch said those represent “substantial violations” of probation. Sumeriski will be sentenced on July 11 at 2 p.m.

In another case, a Brockport man was sentenced to three months in jail and ordered to pay $263 in restitution for allegedly taking that money.

Francisco Guerrero, 38, of Brockport allegedly broke into a home on Hurd Road on July 1 in Murray and stole items. The judge issued an order of protection for the victims.

Federal judge gives Medina woman 2 years probation for stealing Social Security benefits

By Tom Rivers, Editor Posted 31 May 2016 at 12:00 am

Judge orders defendant to repay $19,317.87

Press Release, U.S. Attorney William Hochul’s Office

BUFFALO – U.S. Attorney William J. Hochul Jr. announced today that Heather Brooks, 33, of Medina, who was convicted of theft of public money, was sentenced to two years probation by U.S. Magistrate Judge Jeremiah J. McCarthy.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that between June 1, 2010 and May 1, 2013, the defendant willfully stole Social Security Income benefits from the United States Social Security Administration by purposely under reporting income she received from two separate employers.

Brooks was asked to recertify her income on two occasions, and on both occasions, she purposely under reported, Hochul’s office stated. In total, the defendant received $19,317.87 that she was not entitled to receive.  In addition to her period of probation, the defendant was ordered to pay restitution totaling $19,317 to the Social Security Administration.

The sentencing is the result of an investigation by the Social Security Administration, Office of Inspector General, under the direction of Edward J. Ryan.

5 arraigned in County Court for meth production in Albion

By Tom Rivers, Editor Posted 24 May 2016 at 12:00 am

ALBION – Five people were arraigned in Orleans County Court on Monday after being arrested last month for allegedly manufacturing methamphetamine in downtown Albion.The five people were arrested on April 19 after police searched an apartment and discovered methamphetamine was allegedly being produced at the site, 28A East Bank St.

Albion police officers executed a search warrant at the apartment. The warrant was related to a police investigation from a burglary that occurred on April 11 at the Vape Shop, 15 East Bank St.

As a result of the search warrant, the Police Department recovered stolen property from a burglary. The search warrant also resulted in the seizure of over 4 ounces of methamphetamine and the volatile chemicals used to manufacture methamphetamine, Police Chief Roland Nenni said last month.

The methamphetamine was being produced in the apartment and was in production when the search warrant was executed, the police chief said.

Judge James Punch arraigned the five all on felony charges of criminal possession of a controlled substance in the second degree, unlawful manufacturing of methamphetamine in the third degree, and criminal possession of precursors of methamphetamine.

The following were arraigned in County Court:

Tara A. Ryan, 19 of 28A East Bank St., Albion; Nicholas D. Barrett, 19, of 28A East Bank St., Albion; Ryan J. Adkins, 22, of 80 Genesee St., Apt. 6, Lockport; Maja L. Pugh, 19, of 80 Genesee St., Apt. 6, Lockport; and Bridgette A.M. Fronczak-Reilly, 19, of 80 Genesee St., Apt. 6, Lockport.

Four of the five remain in the county jail on $30,000 bail. Pugh has posted bail. All entered not guilty pleas.

In another case in County Court, a Batavia man made his first appearance in County Court after being arrested on April 18 by the Orleans County Sheriff’s Office on multiple charges related to the sexual abuse and rape of a 5-year-old child.

Nicholas L. McKague, 24, of West Main Street Road in Batavia faces charges of endangering the welfare of a child and course of sexual conduct against a child.

His arraignment was not complete on Monday because the court wants to see if he is eligible for the public defender. He will be arraigned with counsel on Friday at 11 a.m.

Medina man sentenced to 6 months in jail for burglary

By Tom Rivers, Editor Posted 23 May 2016 at 12:00 am

ALBION – A Medina man was sentenced to six months in Orleans County Jail today after he pleaded guilty on March 14 to attempted burglary in the second degree.

Michael Santoro, 23, of Gwinn Street could have faced a state prison sentence. Santoro has been off drugs for 9 ½ months, been committed to a drug treatment program and has a full-time job. He has turned his life around, he told Judge James Punch during sentencing this afternoon.

“I’m not the same boy who committed the crime,” Santoro said.

He admitted in March to breaking into a house in Ridgeway between April 26 and May 1, 2015, and taking jewelry and other items. He was ordered today to pay $5,018 in restitution to the victims in the crime, and $2,500 to State Farm Insurance. He is to begin paying over three years when he gets out of jail.

Santoro’s attorney, Nathan Pace, asked for no jail time for Santoro, given his recovery and new direction, as well as no prior felonies.

“He was in such a mess, but he has gotten himself clean,” Pace told the judge.

But Punch said some jail time was necessary given the severity of the crime as a home invasion.

Punch told Santoro he needs to be vigilant in staying away from drugs.

“Nine and half months is a good start, but that’s all it is,” Punch told Santoro. “These are powerful addictions that you will have to work on for years and years to come.”

4 arraigned in county court for attempted gang assault

By Tom Rivers, Editor Posted 23 May 2016 at 12:00 am

ALBION – Four people were arraigned in Orleans County Court today for second-degree attempted gang assault.The four allegedly attacked a person on April 5 on Beaver Street in Albion, kicking and punching the victim.

Christopher Rivers, 19, of Sandy Creek Apartments was among the alleged perpetrators. He was to be sentenced today for criminal possession of a firearm and could have faced up to a year in jail. But that sentencing was put off because of the latest charge.

Judge James Punch also increased the bail for Rivers from $100,000 to $150,000. Matthew Parrinello, attorney for Rivers, asked that the bail be reduced to $20,000, which is where it was before the latest charge, which was initially disorderly conduct but was upgraded to attempted gang assault. Parrinello said Rivers had very little criminal activity prior to the two recent charges.

District Attorney Joe Cardone said the latest alleged crime happened while Rivers was out of jail awaiting sentencing on the weapons charge. Cardone asked that bail not be reduced.

“Things are getting worse, not better,” Punch said in raising the bail.

Three other Albion men were arraigned today for second-degree attempted gang assault. They include:

Ashay S. Gaffney, 22, of Crimson Heights. The judge set bail at $20,000.

Sharoz R. Haywood, 19, of Lyndun Drive Extension. The judge set bail at $20,000.

Jasper D. Lloyd, 22, of Lydun Drive Extension. He said he is hiring a private attorney and will be fully arraigned on Friday with his lawyer.

Gaines man, 66, faces weapons charges

Staff Reports Posted 23 May 2016 at 12:00 am

John P. Klotzbach

ALBION – A Gaines resident has been arrested for conspiracy and weapons charges after an investigation regarding the illegal purchase of a gun by a third party, also known as a “Straw Purchase,” at a local gun shop in the Village of Albion, the Orleans County Major Felony Crime Task Force is reporting.

John P. Klotzbach, 66, of 13563 Ridge Rd., was charged on May 20 following an investigation by the Task Force, the U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Orleans County Sheriff’s Office.

Klotzbach allegedly attempted to purchase a shotgun and refused to complete the required ATF form 4473 for the federal background check and was subsequently denied the purchase.

Several days later, a female acquaintance allegedly went into the gun store and wanted to purchase the same gun that Mr. Klotzbach attempted to buy. The gun store owner became suspicious when he noticed the woman was riding in the same vehicle as Klotzbach, as well as attempting to purchase the same gun that Klotzbach wanted. The store owner then contacted law enforcement authorities.

While taking Klotzbach into custody at his Ridge Road home, deputies found him to be in possession of a loaded sawed-off shotgun, the Task Force reported.

Klotzbach was charged with one count of criminal possession of a weapon in the third degree, a Class D felony, and one count of conspiracy in the fifth degree, a misdemeanor.

He was arraigned in the Shelby Town Court by Town Justice Dawn Keppler, who remanded him to the county jail on $10,000 bail. He is to appear in Gaines Town Court on May 25 at 3 p.m.

The investigation is ongoing and further arrests and charges are pending, the Task Force reported. Klotzbach could also face federal charges.

2 Medina men face drug charges

Staff Reports Posted 23 May 2016 at 12:00 am

Thompson

MEDINA – Two Medina men face drug charges following an investigation into the sale and distribution of crack cocaine and Suboxone in the Village of Medina, the Orleans County Major Felony Crime Task Force is reporting today.

The arrests were made after a pair of sealed indictments were handed up from the Orleans County Grand Jury. On May 17 and May 18, the two men were arrested by the Orleans County Sheriff’s Office.

 

The following were charged:

Jones

Michael D. Thompson, 49, of 525 West Ave., Apt. 7. He was charged with three counts each of criminal sale and criminal possession of a controlled substance in the third degree, which are Class B felonies.

Robert D. Jones, 25, of 515 West Ave., Apt. 1A. He was charged with one count each of criminal sale and criminal possession of a controlled substance in the fifth degree, which are Class D felonies.

Both Thompson and Jones were arraigned in Orleans County Curt by Judge James Punch. Thompson was committed to Orleans County Jail on $15,000 bail. Jones was remanded to jail on $5,000 bail. Both are due back in County Court today at 2 p.m.

Further arrests and charges are pending in this investigation, the Task Force reported.

Burglar is sentenced to 2 to 4 years in prison

By Tom Rivers, Editor Posted 17 May 2016 at 12:00 am

ALBION – A man who broke into a convenience store in Medina last year and stole $350 was sentenced to 2 to 4 years in state prison on Monday.

Gregory Thompson, 48, of Medina was ordered to pay restitution, and Judge James Punch also issued an order of protection for the owner of the Stop N Shop on East Center Street.

Thompson has a lengthy criminal history. He apologized for the crime in court on Monday.

“He does have a long history of substance abuse,” said his attorney, Dominic Saraceno. “It has affected and it has been a contributing factor in his criminal conduct.”

Thompson requested he be sentenced to the Willard Drug Treatment Center in the state prison system. Thompson has spent the past nine months in the county jail, and he said he has used that time to reflect on his life and commit to a new way of living.

“I’m just trying to put myself back on track,” he told Punch. “I do need help.”

Punch said he has sentenced Thompson several times before, and Thompson was often “an angry, difficult defendant.” But the judge said he was willing to give Thompson a chance at Willard. If Thompson was unsuccessful there, he would complete his sentence in a regular state prison, Punch said.

“Your record is horrible, but this is your first time admitting fault,” Punch said. “I hope you get some help.”

In another case in County Court, a Rochester man pleaded guilty to selling cocaine to an undercover informant from Orleans County.

Alexander J. DeHoyos, 34, will face a maximum of 4 years in state prison. He admitted to selling the cocaine on May 19, 2015. He will be sentenced on Aug. 22 for attempted criminal sale of a controlled substance in the third degree.

DeHoyos was admitted to the Elmira Correctional Facility in March after being sentenced in Monroe County for second-degree assault.

Kendall man could face federal prosecution for child pornography

Staff Reports Posted 12 May 2016 at 12:00 am

David P. Perry Sr.

KENDALL – A Kendall man, who was arrested in March on multiple charges related to sexual abuse and endangering the welfare of five girls ranging in age from 13 to 15, could now face federal charges for child pornography, the Orleans County Sheriff’s Office is reporting today.

David P. Perry Sr., 67, of Norway Road was arrested on March 9 with four counts of endangering the welfare of a child, one count of criminal sexual act in the third degree, and one count of sexual abuse in the third degree.

Perry allegedly forced juvenile victims to smoke marijuana and drink alcoholic wine and vodka over several months in 2015. At times, the victims would reportedly consume these substances to the point of becoming impaired and intoxicated, Undersheriff Chris Bourke said.

Perry would allegedly make them undress, then he would perform various criminal sexual acts and sexual abuse. It is also alleged that Perry would force the victims to pose for pictures while undressed or partially dressed.

The initial allegations resulted in a search warrant that was executed in January 2016. A computer and portable hard drive were submitted to the Western New York Regional Computer Forensics Laboratory in Buffalo N.Y. for analysis, Bourke said today.

Upon receiving the report and analysis from WNYRCFL, and consultation with Orleans County District Attorney Joseph Cardone, Perry was arrested today and charged with 15 counts of possession of an obscene sexual performance by a child less than 16 years old.

Perry was arraigned by Town of Murray Justice Ted Spada, who set bail at $250,000 cash/bond.

Approximately 15,000 images of suspected child pornography were found on Perry’s devices that were submitted for analysis. Many of the images found were children between the ages of 2 and 9 years of age, Bourke said.

In addition to the charges in Orleans County, Bourke said that Sheriff’s investigators and The Orleans County District Attorney’s office will be working with the Federal Bureau of Investigation and the U.S. Attorney’s Office in Buffalo for possible federal prosecution as well.

Investigator Shannon Brett was assisted in this investigation by Investigator Ken Strickland of the Sheriff’s Office.

Perry is scheduled to return to the Town Of Kendall Court on May 16 at 5:30 p.m.