ALBION – Four people have been charged for selling drugs that law enforcement officials believe are responsible for the recent spike of fatal and non-fatal drug overdoses in Orleans County.

Giovanni M. Serrano

The Orleans County Major Felony Crime Task Force has identified a group of individuals and locations  in the City of Rochester, where quantities of the lethal drug fentanyl, also known as “gray death,” have been sold to many people from Orleans County, the Task Force said this afternoon.

In the investigation, the Task Force worked with the Greater Rochester Area Narcotics Enforcement Team (G.R.A.N.E.T)., the Rochester Police Department Tactical Unit, ICE/Homeland Security investigations and the Albion Police Department. The agencies executed three search warrants in the City of Rochester and arrested four people on numerous drug charges. One of the individuals was a 15-year-old boy.

Carlos Serrano

Police executed search warrants at 46 Conkey Ave., 79 Avenue B. and 45 Radio St., all in the city of Rochester, and seized 37 grams of fentanyl, 6 grams of heroin, marijuana, over $7,000 in cash, scales, packaging and other drug paraphernalia.

Police arrested:

• Giovanni M. Serrano, 19, was charged with 13 counts of criminal sale of a controlled substance in the third degree (class B felonies). Serrano is currently on probation for a violent felony regarding a weapons charge in Monroe County, according to a news release from the Task Force.

• Carlos Serrano, 21, was charged with 3 counts of criminal sale of a controlled substance in the third degree.

Nelvin Raul Martinez

• Nelvin Raul Martinez, 18, was charged with 3 counts of criminal sale of a controlled substance in the third degree.

• A 15-year-old juvenile was charged with one count of criminal sale of a controlled substance in the third degree (class B felony).

Giovanni M. Serrano, Carlos Serrano and Nelvin Raul Martinez were arraigned in Gaines Town Court  by Justice Bruce Schmidt. Giovanni M. Serrano was committed to the Orleans County Jail on $250,000 cash bail or $500,000 bond. Carlos Serrano and Nelvin Raul Martinez were also committed to the County Jail on $100,000 cash bail or $200,000 bond. All  three are to appear in Albion Town Court at 9 a.m. on May 21.

“Orleans County law enforcement is committed to tracking down the source of these dangerous drugs no matter where, and arrest the individuals who are responsible for plaguing our communities with these dangerous drugs,” said Joe Sacco, supervising investigator for the Task Force.

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ALBION – Three people were sentenced in Orleans County Court today, including two people to state prison.

Darren Marker received the longest sentence, with 3 years in state prison and 3 years of post-release supervision.

Marker, 33, of Medina was sentenced for attempted first-degree robbery. He allegedly was in a vehicle on Main Street in Medina at 12:30 a.m. on Aug. 8 when he pulled out a knife and threatened a victim. Marker allegedly already owed the victim $110 after borrowing money with no intention of paying it back, the District Attorney’s Office said. Marker also allegedly stole cellular phone power banks from Crosby’s.

Marker faced up to 3 ½ years in state prison. Sara Sheldon, interim county court judge, gave him some leniency.

Marker said he has been in and out of since he was 17. He is determined to break the cycle of drug addiction, he told the judge.

“It’s a horrible life,” he said. “Prison is not something I want to make a career out of.”

Marker said he has a loving family as motivation. His goal is to become a drug abuse counselor.

Sheldon wished him well.

“Prisons have really good programs, but they’re not going to seek you out,” she said. “Don’t just go to the programs, but step up and be a leader in the program.”

• An Albion man was sentenced to 2 years in state prison, plus 3 years of post-release supervision for attempted criminal possession of a controlled substance in the third degree.

Kenneth Thompson, 52, allegedly had crack cocaine packaged for sale on Dec. 11 at 135 North Main St., Room 3, where he was living.

Thompson was previously convicted of a drug charge on Oct. 5, 2015.

His attorney, Dominic Saraceno, said Thompson struggles with schizophrenia in addition to drug addiction. The schizophrenia often leads Thompson to drugs to “self medicate,” Saraceno told the judge.

“He is not as bad as he looks on paper,” Saraceno said about Thompson. “If you get to talk to him, he’s actually a real nice guy.”

The judge said the sentence for state prison would include drug and mental health treatment.

“I agree with your lawyer, I don’t think you’re a bad guy either,” Sheldon said. “But you’ve got to be stronger and find something positive to do with your time.”

• A Rochester woman received 5 years probation after pleading guilty to attempted criminal possession of a controlled substance in the third degree.

Shanya Beasley, 39, admitted she had cocaine with the intent to sell it in Orleans County on April 18, 2017. She was also ordered to pay $600 in restitution to the Orleans County Major Felony Crime Task Force.

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ALBION – An Albion man was arraigned in Orleans County Court for predatory sexual assault against a child after he allegedly had sexual intercourse and committed another sex act against the child, the District Attorney’s Office said.

Robert Tetrault, 37, allegedly committed the crimes against a child, ages 9 to 10, from January to July 2012. Tetrault was arraigned last week in Orleans County Court by Judge Sanford Church.

Tetrault has previously been convicted in court on charges of attempted second-degree assault and third-degree attempted criminal possession of a weapon. He was sentenced to 2 to 4 years in state prison in October 2013 after fighting someone with a knife on May 23, 2013. Tetrault caused a severe laceration across another’s person hand who tried to intervene in the fight.

In other cases last week in County Court:

• Miranda Rose, formerly of Orleans County, was sentenced to two years on probation after she admitted to collecting $3,577 in welfare benefits when she was living out of the county in Baltimore.

She pleaded guilty last month to fifth-degree welfare fraud. She agreed to pay $3,577 in restitution.

• The judge arraigned an Albion man who allegedly had drugs, and a knife while threatening another man on Washington Street in January.

Demetrius Bennett, 39, faces charges of criminal possession of a weapon in the fourth degree, menacing in the second degree, and criminal possession of a controlled substance in the fifth and seventh degree.

Judge Church set bail at $10,000.

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3 others plead guilty in County Court

ALBION – A Rochester woman who stole a car in Albion on June 14 will spend 1 to 3 years in state prison after being sentenced on Monday in Orleans County Court.

Georgeta M. Coleman, 19, was sentenced for fourth-degree grand larceny. She had been approved for a diversion program and was at a drug treatment facility near Albany. However, Coleman only stayed briefly for orientation and left the site, stealing one of the counselor’s cars and driving back to the Rochester area. Coleman’s whereabouts were unknown for about two weeks.

“I think the system has tried very hard with Ms. Coleman,” District Attorney Joe Cardone told Sara Sheldon, interim County Court judge. “She seems to reject help. I think at this point she has exhausted people’s efforts to help her.”

Coleman’s attorney Nathan Pace said she has a “biological impediment” that makes decision-making difficult. He asked that she be sentenced to one year in the county jail instead of the longer sentence in state prison.

“She is still just a young girl,” Pace told the judge. “I ask for leniency.”

Coleman said she regrets her actions and struggles to make the right choices.

She was asked why she steals cars.

“I get a mental high,” Coleman told Judge Sheldon. “It’s like I accomplished something.”

The judge decided to give Coleman the maximum sentence.

“You got to stop this,” Sheldon said. “It’s got to end.”

Three other people also pleaded guilty to crimes in Orleans County.

• A former Middleport resident pleaded guilty to third-degree burglary and could face a maximum of 1 ½ to 3 years in state prison for a burglary in the county from about 3 ½ years ago.

Nichole Hart, 27, allegedly broke into a house Dec. 28, 2014 on East Lee Road in Barre.

She is currently in a residential drug treatment program in Manhattan. Judge Sheldon complimented Hart on her progress.

Hart will be sent to the Willard drug treatment program through the state corrections system. She also has to pay $6,000 in restitution for the burglary.

She will be sentenced at 2 p.m. on Sept. 17.

• A Rochester man who has been in the county jail for 15 months pleaded guilty to attempted criminal possession of a controlled substance in the third degree and will face a maximum of 2 years in state prison as part of a plea deal. The charge normally has a sentence of 1 ½ to 8 years in prison.

Victor T. Simmons, 47, is accused of selling heroin and cocaine in Albion. Cardone, the district attorney, said there are audio and video recordings of Simmons selling drugs. Simmons said he had heroin with the intent to sell in Albion on Feb. 28, 2017.

Simmons had previously declined all plea offers. His case was also slowed when he insisted on a different attorney through the assigned counsel program.

He was emotional on Monday while entering a guilty plea. The judge had a sheriff’s deputy give him tissues for his tears.

“I’m just thinking about my kids,” he told Judge Sheldon.

Simmons will be sentenced at 2 p.m. on Aug. 6. His time in the county jail will count towards the prison sentence. He also will have three years of post-release supervision.

• Vanessa Trouerbach, 26, of Churchville was accepted into a diversion program. She pleaded guilty to third-degree burglary, admitting to entering a garage on Monroe-Orleans Countyline Road on June 21. She and a co-defendant took tools. She agreed to pay up to $1,000 restitution.

If Trouerbach can follow the rules of the diversion program, the felony charge will be dismissed and she will be on probation for three years for a misdemeanor charge. If she doesn’t get through the program, she could be sentenced up to 2 1/3 to 7 years on the burglary charge.

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ALBION – Today was the start of a trial for a Albion man facing first- and second-degree assault charges.

Wesley Askew

Wesley Askew, 50, has been in the county jail on $250,000 bail after he allegedly seriously injured another Albion man on June 9 during a late-night fight at 175 North Main St., an apartment building north of the Erie Canal.

Sara Sheldon, a judge from Niagara County, is presiding over the trial. Today the jurors were picked.

Askew allegedly got into an altercation at 1:45 a.m. and allegedly punched another man several times, causing serious head injuries. Askew allegedly punched the other man so hard that Askew broke bones in his hand and wrist. He was treated for his injuries at the Erie County Medical Center.

Askew is a level 3 sex offender, the highest possible risk for re-offending. He was released from prison in late 2015 after being convicted in May 2009 for second-degree rape.

The trial is expected to last about two weeks.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Nolan Donald, 19, of Lyndonville, NY, was arrested and charged by criminal complaint with possession of marijuana with intent to distribute and being an unlawful user in possession of a firearm. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, between February 17, 2018, and April 18, 2018, the defendant posted videos and photos to the social media application “Snapchat” in which he appeared to be in possession of a pistol and large quantities of marijuana, and using what appeared to be marijuana and prescription medicine.

On April 18, Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives executed a federal search warrant at Donald’s North Lyndonville Road residence. Agents recovered a pistol with an obliterated serial number, which was loaded with eight rounds of ammunition, and a 12-gauge shotgun. A small quantity of suspected marijuana, suspected edible marijuana cookies, plastic baggies and ammunition for a shotgun were also recovered.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions pending a detention hearing on April 27.

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.

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

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ALBION – Two people pleaded guilty in Orleans County Court today to drug crimes and will likely be sentenced to state prison.

Jonathan Agosto, 31, of Rochester pleaded guilty to attempted criminal possession of a controlled substance in the third degree. He could be sentenced up to 8 years in prison on July 9.

Agosto was charged in February with 10 counts of criminal sale of a controlled substance in the third degree, which are Class B felonies. He is suspected to providing heroin/fentanyl that caused several overdoses in early 2018.

Another Rochester resident, Lamar Nelson, 29, pleaded guilty to criminal possession of a controlled substance in the fifth degree. He faces up to 2 ½ years in prison when he is sentenced on June 25.

He admitted he had cocaine with the intent to sell on May 1, 2017.

A Holley man who has been in prison for 4 years will be released on June 2 from Collins Correctional Facility. Damien Jost, 23, pleaded guilty in 2014 to disseminating indecent material to a minor. Orleans County Court Judge Sanford Church assessed Jost as a Level 2 sex offender.

Judge Sara Sheldon presided over other cases this afternoon. She set June 18 as the beginning of a trial for Gerardo Quiros, 31, of Medina, who allegedly held a woman against her will for several weeks, while physically and sexually assaulting her.

Susan Howard, the assistant district attorney, told the judge the trial would likely last about two weeks.

Quiros is facing 24 counts, including seven counts of first-degree rape, 10 counts of criminal sexual act in the first degree, one count of third-degree assault, one count of both criminal possession of a controlled substance in the third and fifth degrees, two counts of endangering the welfare of a child, criminal mischief in the fourth degree, and unlawful possession of marijuana.

Quiros remains in the county jail after his bail was revoked in January by Judge Sheldon. The judge said she wouldn’t consider releasing him from jail.

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ROCHESTER – A woman accused of fatally shooting a Lyndonville woman has been deemed fit to stand trial.

Holly Colino, 32, last Oct. 31 was declared incompetent to stand trial. But today in State Supreme Court, Judge Charles Schiano determined that Colino has made progress and can now assist in her own defense, Rochester media stations are reporting.

Colino is accused of shooting Megan Dix on Aug. 25 while the 33-year-old-wife and mother was taking her lunch break at a parking lot on South Avenue in Brockport. Dix was seeking some peace and quiet on her lunch break at Lowe’s.

Colino, 32, grew up in East Rochester. She had been living in Arizona. Brockport Police Chief Daniel Varrenti said after the arrest the murder was a random act of violence. Dix did nothing wrong to provoke the attack, the police chief said.

Colino is to appear back in court in June when the judge may set a date for a trial.

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ALBION – A Medina resident was sentenced to four years in state prison on Monday. Russell E. Sargent, 52, admitted in a previous court appearance to having cocaine with the intention of selling it on May 18.

He was sentenced for attempted criminal possession of a controlled substance in the third degree. He could have faced up to 5 ½ years in prison, but as part of a plea deal the sentence was capped at 4 years.

“He acknowledges what he did is foolish,” Public Defender Joanne Best told Sara Sheldon, interim County Court judge. “This all dates back to the seriousness of the the drug use he has engaged in the last few years.”

Sargent apologized to the court, his friends and family.

“You’re getting too old for this,” Sheldon told Sargent. “What a crappy way to live your life.”

Her sentence included the option for Sargent to go to the Willard drug treatment program through the state correctional system.

He also has to pay $230 restitution to the Orleans County Major Felony Crime Task Force.

In other cases:

• Some of the charges have been dismissed for a Ridgeway man who allegedly held a woman against her will for several weeks, while physically and sexually assaulting her.

The woman couldn’t provide specific dates for all of the alleged crimes. Gerardo Quiros, 31, was facing 36 counts but some of those were dismissed because the District Attorney’s Office couldn’t provide the exact dates. However, the victim was able to provide specifics for many of the alleged crimes. Quiros is now facing 24 counts, including seven counts of first-degree rape, 10 counts of criminal sexual act in the first degree, one count of third-degree assault, one count of both criminal possession of a controlled substance in the third and fifth degrees, two counts of endangering the welfare of a child, criminal mischief in the fourth degree, and unlawful possession of marijuana.

Quiros remains in the county jail after his bail was revoked in January by Judge Sheldon. The judge said she wouldn’t consider releasing him from jail.

He is scheduled to go to trial on June 18.

• A Holley woman was sentenced to four months of weekends in jail plus five years of probation after getting her third charge for driving while intoxicated in the past 10 years.

Katherine Christ, 29, was charged on June 20 with a Blood Alcohol Content of 0.17 percent, more than twice the legal limit.

The judge took her driver’s license. Christ has to pay a $520 court surcharge and will have to have an interlock ignition device that measures her BAC when she resumes driving.

• Corey Goebel, 27, of Sparling Drive in Rochester pleaded guilty to third-degree burglary and faces a maximum sentence of six months in jail and five years probation when he is sentenced on June 25.

He admitted he entered a garage on June 21, 2017, intending to a commit a crime in Clarendon on Monroe-Orleans Countyline Road.

Goebel faces a similar charge in Monroe County. Judge Sheldon said she would have given Goebel more time in jail but Monroe County already agreed to a plea deal of six months in jail, and five years of probation.

“I’m not happy with this, but Monroe County went first,” she said.

• Judge Sheldon, a Niagara County judge, is reducing some of the cases she has in Orleans County. She has been filling in since James Punch retired last July 29. Sanford Church was elected in November and is assuming more of the workload. Charles Zambito, a judge from Genesee County, also is handling some of the court cases.

Sheldon told some of the people in a judicial diversion program that Monday was her last time seeing them. Those cases will be shifted to Zambito, who has court on Thursday mornings.

One of the local residents in the diversion program thanked Sheldon for giving him a second chance. If he completes drug treatment and doesn’t commit any additional crimes, his felony drug charge will be reduced to a misdemeanor.

“You’re welcome,” Judge Sheldon told the man. “I want to see you strong and sober.”

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Judge sets bail at $25K for Richard Hering Jr.

ALBION – An Albion man facing charges of rape and incest against a child and sexual abuse against three children denied the charges in Orleans County Court on Monday, when the judge set bail at $25,000.

Richard Hering Jr., 45, said he is innocent and offered to take a polygraph test.

“He vehemently denies having done this,” said Mark Lewis, Hering’s attorney. “He should be presumed innocent.”

Hering and his girlfriend Renee Koch, 54, were charged on Feb. 27 with forcible touching, sex abuse and act in manner injurious to a child less than 17 years of age. There were allegedly three victims.

After those charges, Hering was arrested again on March 9 after additional information was developed, Albion Police Chief Roland Nenni said.

The charges include two counts of predatory sexual assault against a child (felony), two counts of first-degree rape (felony) and two counts of incest in the first degree (felony).

The crimes are alleged to have occurred in 2008 and 2010 in the Village of Albion. District Attorney Joe Cardone said the victim of the alleged crime is very credible.

Cardone asked Sara Sheldon, interim County Court judge, to set bail for Hering at $50,000 during a bail hearing Monday in County Court.

“These are extremely serious charges,” Cardone said. “We are concerned he is a flight risk.”

Lewis said the charges against Hering are only accusations. The attorney asked for a lower bail.

Cardone noted that Hering has a previous conviction in 1994 for a misdemeanor of attempted sexual abuse in the 2nd degree in Clarendon.

Sheldon said she was concerned about that charge as well as allegations that there are three victims in the latest case.

She set bail at $25,000 cash and $50,000 bond.

In other cases in County Court on Monday:

• The judge agreed to accept a Rochester woman into a judicial diversion program where her felony charge will be dismissed if she can avoid drugs and complete treatment in the next two years.

Adrienne Williams, 52, has been to state prison three times. She has battled addictions for many years. The diversion program, which requires treatment, gives her a chance for breaking the cycle, said her attorney, Dominic Saraceno.

Williams thanked Judge Sheldon for the opportunity. Williams pleaded guilty to promoting prison contraband in the first degree. She admitted to bringing 49 pills to the Albion Correctional Facility.

If she fails in the diversion program, she could face up to 3 ½ to 7 years in state prison.

Cardone opposed the diversion program for Williams, saying she has “led a life of criminal behavior” with 35 convictions.

If Williams can complete the program, the felony charges will be dismissed and she will be sentenced to three years of probation to be served in Monroe County.

“It’s going to be hard,” Sheldon told Williams. “You need to make your appointments and you’re going to be tested constantly. It’s going to be hard work, and you need to do the heavy lifting.”

• A trial will start April 30 for Lamar L. Nelson, 29, of Rochester, who is accused of selling cocaine in Albion on May 1. He faces multiple charges of criminal sale of a controlled substance in the third degree and criminal possession in the fourth degree as well as criminally using drug paraphernalia. Nelson has declined any plea offers.

• A trial for another Rochester man facing drug charges is scheduled to begin on May 7. Victor T. Simmons, 47, is accusing of selling heroin and cocaine in Albion.

Simmons declined a plea deal with a maximum sentence of 2 ½ years in state prison if he pleaded guilty to criminal possession of a controlled substance in the third degree.

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