2 plead guilty to other crimes in Orleans County

ALBION – A Medina man was scheduled to be sentenced today for possibly 90 to 120 days in the Orleans County Jail.

But County Court Judge James Punch said a plea deal may be off after District Attorney Joe Cardone said Roy Bishop allegedly made threatening comments to a witness through Facebook.

Bishop, 42, was working for Medina Transport as a driver, and was allegedly using his job to facilitate drug crimes, according to the Orleans County Major Felony Crime Task Force.

Bishop in court today agreed to pay $120 in restitution to the Task Force for drug buy money.

Bishop’s attorney, Jon Ross Wilson, said his client doesn’t have a computer or a Facebook account, so he doesn’t see how Bishop could have been threatening a witness.

Judge Punch said he wanted to review Cardone’s claim of witness intimidation. Bishop is due back in court Oct. 17.

“I’m not saying you are doing it, but if you are, you better stop,” Punch told Bishop.

In other cases today, two people pleaded guilty.

• Yoel Martin Pena, 40, pleaded guilty to third-degree possession of a forged instrument. As part of a plea deal, he will 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.

He will be sentenced on Nov. 21 at 2 p.m.

• Evan Shaffer, 23, of Lee Road in Albion pleaded guilty to violating his probation. He admitted to being charged with driving while intoxicated in Brockport on July 5. (Shaffer said he is challenging the charge because he only consumed one beer prior to driving.)

Other probation violations include using marijuana, missing appointments with his probation officer, drinking alcohol, and not continuing a substance abuse treatment program. (Shaffer said he completed the program, but was asked to keep going by a counselor.)

Shaffer has been on probation after being convicted of attempted burglary in the third degree in Genesee County in 2014. He will be sentenced on Nov. 7 at 2 p.m. and faces a maximum of 1 to 3 years in prison.

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ALBION –An Albion man pleaded guilty in Orleans County Court this afternoon to criminal contempt in the first degree. Billy J. Ray of Phipps Road admitted he violated an order of protection when he was in jail by using the phone and threatening someone’s life who he was ordered to not have contact with.

That order of protection was issued on June 19 by Albion Town Justice Joseph Fuller. Ray could face up to 4 years in state prison when he is sentenced at 2 p.m. on Nov. 28. He remains in Orleans County jail on $100,000 bail.

In other cases in County Court today:

• Christopher Aldrich, 47, of 206 West Ave., Albion, was arraigned for violating a conditional discharge. Aldrich was arrested on July 24 for driving while intoxicated in Albion. He allegedly was not using an interlock ignition device, which measures the Blood Alcohol Content of drivers. Aldrich is required to use that device.

• A former Waterport man, Kelly Chellino of Lockport, was arraigned for violating probation. Chellino allegedly didn’t pay a court fine, endangered the welfare of an incompetent person, drank alcohol, tried to circumvent a urine test, possessed a knife and had other infractions. Chellino has several prior misdemeanors and two felonies, District Attorney Joe Cardone said. Judge James Punch continued bail at $1,000, which was set in a lower court.

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ALBION – A man who was wanted by Orleans County law enforcement for five years is prepared to plead guilty to his crime, as long as it doesn’t get him deported.

Yoel Martin Pena, 40, 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.

Pena

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 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.

Pena’s attorney Mark Lewis said a sentence of a year or more would mean automatic deportation for Pena. His client is willing to accept a plea offer as long as the sentence is 364 days or fewer. That sentence of less than a year means he wouldn’t be deported, Lewis said in court on Monday.

Orleans County Court Judge James Punch believes the felony crime would likely result in Pena being deported, regardless of the sentence length.

“There is a substantial probability you will be deported,” Punch told Pena.

Lewis said he believes because the crime is not an aggravated felony that Pena would be permitted to stay in the country as long as the sentence is 364 days or less. The case was adjourned until Sept. 26 to determine if a sentence of a year or more in prison means a mandatory deportation.

Lewis said Pena doesn’t want to accept a plea deal if it means deportation.

In other cases in Orleans County Court on Monday:

• Evan Shaffer, 23, of Lee Road in Albion was arraigned for violating his probation. Shaffer has been on probation after being convicted of attempted burglary in the third degree in Genesee County in 2014. He faces probation violations after being arrested for driving while intoxicated in Brockport on July 5, and for allegedly leaving jurisdiction and not meeting with probation officer.

• Lindsay Skivington, 29, of Cook Road was arraigned for felony DWI after being arrested in the Village of Albion on July 31. She allegedly has two prior DWIs. Judge Punch set bail at $1,000.

ALBION – An Albion man has been jailed on $10,000 after being arrested today in a marijuana and marijuana wax operation.

Adam Gallo

Adam Gallo, 31, of 3815 Eagle Harbor Rd., has been charged with 4 counts of criminal sale of a controlled substance in the fifth degree (Class D felonies), 4 counts of criminal possession of a controlled substance in the fifth degree (Class D felonies), 1 count of criminal sale of marijuana in the third degree (Class E felony), 4 counts of criminal sale of marijuana in the fourth degree (misdemeanors) and 1 count of criminal possession of marijuana in the fourth degree (misdemeanor).

He was charged after an investigation into the sale and distribution of marijuana and marijuana wax. The Orleans County Major Felony Crime Task Force, the Orleans County Sheriff’s Department, the Albion Police Department and the Orleans County Multi-Agency SWAT Team executed a search warrant at 3815 Eagle Harbor Rd.

Police seized several ounces of marijuana, a quantity of marijuana wax, more than $4,000 in cash, packaging material, scales and other drug paraphernalia, the Task Force reported today.

Marijuana wax is a highly potent form of concentrated marihuana (Delta-9 tetrahydrocannabinol), which can cause severe impairment. It commonly appears as a sticky paste or taffy like substance. The color varies from yellow to green to dark brown and is packaged in a wax type paper such as parchment paper, the Task Force said in a news release.

Police also arrested Ashley Ross, 23, of 5112 Holley Byron Rd., Holley. She was charged with 1 count of criminal possession of marijuana in the fourth degree (misdemeanor).

Both Gallo and Ross were arraigned in the Albion Town Court by Justice Joseph Fuller. Both were committed to the Orleans County Jail, with Gallo on $10,000 cash bail and Ross on $500 cash bail. Both are to return back to Albion Town Court on Sept. 19 at 10 a.m.

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

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Provided photo: Police discovered a marijuana growing operation after a search warrant in Ridgeway on Monday.

RIDGEWAY – Two people have been arrested after an investigation into an indoor marijuana growing operation, and the sale and distribution of cocaine, the Orleans County Major Felony Crime Task Force is reporting.

The Task Force, Orleans County Sheriff’s Office and the Orleans County Multi-Agency SWAT Team executed two search warrants on Monday, one at 11804 Ridge Rd. and the other at 2771 Angling Rd., both in the Town of Ridgeway, which resulted in the seizure of cocaine and marijuana, the Task Force reported today.

Police seized more than 80 marijuana plants, indoor growing equipment, more than 12 grams of cocaine packaged for sale, cash, scales, a rifle and other drug paraphernalia.

The following were charged:

Richard C. Turrell

• Richard C. Turrell, 61, of 2771 Angling Rd. He was charged with one count of criminal possession of a controlled substance in the third degree (Class B felony), one count of criminal possession of a controlled substance in the fourth degree (Class C felony), and one count of criminal possession of marijuana in the second degree (Class D felony).

He was arraigned in Ridgeway Town Court by Town Justice Joseph Kujawa and committed to the Orleans County Jail on $25,000 bail. He is to appear in Ridgeway Town Court at 9 a.m. on Sept. 19.

Mary A. Sullivan

• Mary A. Sullivan, 62, of 37 Park Place, Lockport. She was charged with one count of criminal possession of a controlled substance in the third degree (Class B felony), one count of criminal possession of a controlled substance in the fourth degree (Class C felony), and one count of criminal possession of marijuana in the second degree (Class D felony).

She was arraigned in Ridgeway Town Court by Judge Kujawa and committed to the Orleans County Jail on $10,000 bail. She is also due back in Ridgeway Town Court at 9 a.m. on Sept. 19.

The investigation is ongoing and further charges are pending, Task Force Supervising Officer Joseph Sacco said.

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ALBION – A Lockport man admitted in Orleans County Court today that he had more than 2 ounces of methamphetamine in Albion on April 19.

Ryan J. Adkins, 22, pleaded guilty criminal possession of a controlled substance in the third degree. As a second felony offender, he could face a maximum of 12 years in prison. But as part of a plea deal, Adkins won’t be sentenced to more than 8 years in prison on Nov. 7. He has to face a minimum of 2 years, Judge James Punch said.

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.

Other people charged on April 19 have either pleaded guilty or have cases pending. Adkins faces the longest sentence so far.

In another case in County Court, a Holley man facing drug charges was arraigned in court, and bail was continued at $25,000, the level set in town court. Scott E. Davis, 28, of Brockville Road was arraigned on two counts each of criminal sale and criminal possession of a controlled substance in the third degree. He was arrested on July 28 following an investigation into the sale and distribution of cocaine in the Town of Murray, the Orleans County Major Felony Crime Task Force reported.

ALBION – Three people were sentenced to state prison on Monday for drug crimes in Orleans County.

Christopher J. Price, 28, of 1 Thomas St., Apartment D. in the Holley received the longest sentence at 2 ½ years in prison. He was sentenced for unlawful manufacture of methamphetamine in the third degree. As a second felony offender, he faced a maximum of 1 ½ to 4 years.

Price was arrested on Feb. 4 after an investigation into a methamphetamine manufacturing and distribution operation in Holley.

Price’s attorney asked for leniency for Price who has a young son, requesting shock treatment with discipline and structure for Price. But Orleans County Court Judge James Punch declined the request.

“You let your son down by engaging in this activity,” Punch told Price during sentencing. “I am not going to tolerate you introducing methamphetamine into this community.”

• Andre Coley, 25, of West Bank Street in Albion was sentenced to 2 years in prison and 1 year of post-release supervision after pleading guilty to criminal possession of a controlled substance in the third degree. Colley apologized to his family and the community during sentencing.

Judge Punch sentenced Coley to the Willard drug treatment program through the state corrections system.

“Don’t screw up at Willard and when you get out I hope you get back on track,” Punch said.

• Steven L. Carter, 23, of Rochester was sentenced to a year in prison and one year of post-release supervision. Carter admitted in a previous court appearance to having cocaine during a traffic stop in January on Clarendon Street in the Village of Albion.

Carter has no prior criminal record and was a trustee in the county jail. His attorney, Brian Degnan, said Carter has two children and has been working two jobs. He also had an infant child die, which may have been a factor in his criminal conduct, Degnan said.

“This is not the kind of reaction that makes any kind of sense at all (to losing a child),” Punch said.

• In another case, Maja L. Pugh, 19, of Lockport pleaded guilty to criminal possession of a controlled substance in the seventh degree. She admitted to using meth at an Albion apartment on April 19. As part of a plea deal she will face no more than a year in jail when she is sentenced on Nov. 28.

Thomas Torpey sentenced to 1 ½ to 3 years for smuggling painkillers into women’s prison at Albion

ALBION – A Rochester man who was released in 2008 after spending 23 years in prison for second-degree murder is going back to prison for smuggling painkillers into the Albion Correctional Facility.

Thomas Torpey, 69, was sentenced to 1 ½ to 3 years in state prison this afternoon by Orleans County Court Judge James Punch. He pleaded guilty to promoting prison contraband in the first degree.

Thomas Torpey

Torpey was arrested on Aug. 23, 2015 by State Police. He admitted to bringing drugs to the women’s prison for Ashley Sizemore, who is serving a 42-month sentence for an arson in February 2014 at the Spencerport residence of a former Irondequoit police officer.

Sizemore, 32, was Torpey’s girlfriend. Torpey’s attorney Nathan Pace said today that Torpey has stayed out of trouble since being released from Attica Correctional Facility in 2008, except for bringing the painkillers to Sizemore.

Pace said she was begging Torpey for the medication. Pace said Torpey “has the worst criminal record imaginable,” but had made a change since being released eight years ago.

Torpey, a former bodyguard for a Mafia crime boss, was convicted of second-degree murder in 1985 for ordering the killing of a rival mobster in December 1981. Torpey declined to speak during his sentencing this afternoon in Orleans County Court.

“You certainly have a long criminal career,” Punch told Torpey. “What a bad way to go out.”

The judge urged Torpey to serve the sentence and then commit to obeying the law when he is released.

“You’ve certainly had quite a life of violating other people’s rights,” the judge said.

ALBION – A Rochester man was sentenced to 4 years in state prison on Wednesday after he admitted in a previous court appearance to selling cocaine to an undercover informant from Orleans County.

Alexander J. DeHoyos, 34, was given the maximum sentence by Orleans County Court Judge James Punch after DeHoyos pleaded guilty to attempted criminal sale of a controlled substance in the third degree. He was scheduled to be sentenced on Monday, but he balked at paying $200 in restitution to the Orleans County Major Felony Crime Task, which was the buy money for the cocaine. Punch had a restitution hearing on Wednesday and decided DeHoyos should pay the $200.

DeHoyos also was sent to prison in March after being sentenced in Monroe County for second-degree assault.

In other cases in County Court:

• A Gaines resident was arraigned for conspiracy in the fifth degree and criminal possession of a weapon in the third degree. 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 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.

Judge Punch continued bail at $10,000 for Klotzbach during the arraignment on Monday. He already posted that bail at Town Court.

• Christopher Aldrich, 47, of 206 West Ave., Albion, was arraigned for violation of probation after he was arrested on July 24 for driving while intoxicated in Albion.

• Frank Ranallo Jr., 46, of Chestnut Street in Medina was arraigned on second-degree burglary, fourth-degree grand larceny, fourth-degree criminal possession of stolen property and fourth-degree criminal mischief. He allegedly entered a house on Salt Words Road on June 24 and took two guns and damaged a door.

Posted 23 August 2016

MEDINA – Three people who were arrested July 6 after an investigation into the sale and distribution of crack cocaine in Medina all appeared in Orleans County Court on Monday.

The following were arraigned for third-degree criminal possession of a controlled substance: Erika H. Poole, 36, of Salt Works Road in Medina; Calvin S. Carver, 27, of Salt Works Road in Medina; and Harold D. Hill Jr., 38, of Pine Street in Lockport.

Poole faces the additional charge of third-degree criminal possession of a weapon.
The three are currently inmates in the Orleans County Jail on $50,000 bail. Carver will be fully arraigned after completing paperwork to see if he qualifies for the public defender’s office and assigned counsel.

Law enforcement, as part of the investigation, seized more than 20 grams of crack cocaine, cash, two shotguns and other drug paraphernalia.

The Orleans County Major Felony Crime Task Force, the Orleans County Sheriff’s Office, the Medina Police Department, and the New York State Division of Parole worked together in the investigation.

Poole and Carver are also being held on parole warrants issued by the New York State Department of Corrections and Community Supervision.

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ALBION – A Medina man who was arrested about a year ago on drug and weapons charges pleaded guilty in Orleans County Court today and will face no more than 4 years in prison as part of a plea deal.

Terry Holloway Jr., 33, pleaded guilty to criminal possession of a weapon in the third degree and criminal sale of a controlled substance in the third degree. The weapons charge normally carries a maximum 4 to 7 years in state prison and the drug charge normally has a maximum of 1 ½ to 8 years in prison.

Holloway admitted in court he sold cocaine in Albion on June 13, 2015. He also admitted to having a rifle.

Holloway has a previous felony conviction. He has been in jail for nearly 13 months. He will be sentenced at 2 p.m. on Oct. 31.

In other cases in County Court, two people also pleaded guilty to crimes and have been accepted into Drug Court. If they can stay off drugs and avoid other crimes, Judge James Punch said he would reduce the charges to misdemeanors and not sentence them to jail. However, if they break laws, they could face the maximum for their felony crimes, Punch said.

• Brandi Ralph, 32, of Yates Center Road in Lyndonville pleaded guilty to third-degree burglary and petit larceny. The burglary charge normally carries a maximum of up to 7 years in state prison.

She admitted she entered a garage on April 18 and stole tools. Ralph said was looking for something she could take and sell to feed her drug addiction.

If she completes Drug Court, Judge Punch said the burglary charge would be removed and she would instead be charged only with petit larceny.

Ralph is to enroll in an in-patient drug-treatment program.

“I hope you realize what this drug can do,” Punch said in court. “It kills a lot of people in our community and I don’t want you to be one of them.”

• Allen E. Snook, 33, of Medina pleaded guilty to criminal possession of a controlled substance in the fifth degree, which normally carries a maximum of 2 ½ years in state prison.

He was arrested in May with morphine. If he completes Drug Court, which for him includes drug treatment through the Genesee-Orleans Council on Alcoholism and Substance Abuse, Punch said the felony charge would become a misdemeanor.

Ralph and Snook both will have regular compliance checks with the judge as an incentive to stay away from drugs.

ALBION – An Albion man was sentenced to three years in state prison by Orleans County Court Judge James Punch.

Richard M. Fidanza, 39, pleaded guilty on June 6 to criminal possession of a controlled substance in the fifth degree. He admitted he sold suboxone on Oct. 1, 2015.

Fidanza could have faced a maximum of four years in state prison as a second felony offender. He had a previous felony – fourth-degree grand larceny in Wyoming County.

Judge Punch gave him three years in prison, and said he would recommend a drug treatment program for Fidanza in prison.

Fidanza was ordered to pay $120 in restitution to the Orleans County Major Felony Crime Task Force, plus a $325 court surcharge and $50 DNA fee.

In other cases today:
• A Rochester man was sentenced to 1 ½ years in prison after he was arrested in December in the Rite Aid parking lot in Medina for drug crimes.

Maurice D. Jacobs, 37, has already been in the county jail for eight months. His attorney, Nathan Pace, asked the judge for a sentence of six months in jail and 5 years probation.

Pace said Jacobs went 12 years without getting into trouble, until he recently was pulled into drug crimes. Jacobs was dating a woman who was a drug addict, and that relationship led to Jacobs’ recent problems, Pace said.

Punch said Jacobs has been on probation twice before and has a long criminal history. His crimes in Orleans involved multiple sales, the judge said. He ordered Jacobs to pay $260 in restitution to the Task Force, a $325 court surcharge and $50 DNA fee.

• Michael Borrero, 17, of Washington Street in Albion pleaded guilty to attempted third-degree burglary and could face up to a year in jail when he is sentenced at 2 p.m. on Oct. 24.

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

His co-defendant was offered a similar plea deal, except with a longer sentence. Borreror is a first-time offender, while his co-defendant has other charges in his past.

Zachary A. Deville, 22, of Brown Street in Albion could face up to two years in state prison as part of a plea offer. Deville wanted two weeks to consider the offer. His attorney asked the judge why Deville’s sentence could be up to two years, when Borrero’s is up to a year in jail.

“If he had a a clean record maybe he would have got the same offer,” Punch said.

Deville is due back in court on Aug. 29 to decide whether to take the plea offer or go to trial for charges of third-degree burglary, fourth-degree grand larceny, and two counts of criminal mischief in the fourth degree.

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