James Powless assessed as level 3 sex offender

ALBION – An Albion man who sexually abused a 14-year-old disabled girl about two decades ago will be released from state prison next month.

James Powless, 63, has been in prison for the past 17 ½ years. He is currently an inmate at the Wyoming Correctional Facility in Attica. He will be released on Jan. 19 after serving most of a 20-year sentence for first-degree sodomoy.

Today there was a hearing to determine what level sex offender Powless will be on the Sex Offender Registration Act. Sara Sheldon, the acting Orleans County Court Judge, assessed Powless as a level 3 offender, the highest risk possible. He will also be a registered sex offender the rest of his life.

Powless declined to attend the hearing. The judge, in giving him the highest risk level, noted that Powless made video recordings of himself raping a girl on multiple occasions. Powless also has a history of alcohol abuse and has attended a substance abuse support group. The judge said Powless has accepted responsibility for the crime.

His address after he is released from prison isn’t known at this time.

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ALBION – A Geneseo woman who was charged with four DWIs in three months was sentenced to state prison today in Orleans County Court.

Sharon Davis, 54, was charged with driving while intoxicated on April 21 in Barre when she registered a 0.26 percent Blood Alcohol Content.

She pleaded guilty on Aug. 28 to felony DWI in Orleans County. She faced a maximum sentence of 2 1/3 to 7 years in state prison. The plea includes a second DWI in Batavia on May 15. The sentences for the DWIs in Orleans and Genesee are together, but Davis will be prosecuted separately for the two more recent DWIs in Livingston County.

Sara Sheldon, the acting County Court judge, sentenced Davis to 1 1/3 to 4 years in prison. Her attorney, Christian Kennedy, asked for local jail and five years of probation.

Kennedy said Davis has already spent about six months in jail. He said Davis turned to alcohol to cope with the recent deaths of her mother and a friend.

“She has an alcohol problem,” Kennedy said. “Throwing her into state prison won’t address that.”

Davis spoke during sentencing and said she is taking responsibility for the crime.

The judge said Davis is unlikely to get a driver’s license again. But that doesn’t mean the public can be guaranteed she won’t drive.

Davis has six DWIs altogether, including two cases that are pending in Livingston County. The judge in Livingston may add additional prison time for Davis, have the sentences run at the same time, or consider some local jail or probation for Davis.

Of the four recent DWIs all were with BACs at 0.18 percent or higher, more than twice the legal limit. (Davis also has two other prior DWIs in 2007 in Livingston County and 2008 in Monroe County.)

“I’m putting you in state prison,” Sheldon told Davis. “I can’t have you on the road because you might kill somebody. I hope to God you don’t kill someone or then you’ll be in here on a manslaughter charge.”

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ALBION – A Holley resident was sentenced to five years in state prison for first-degree sexual abuse.

David L. Durbano, 32, of Ridge Road admitted to sexual contact with a girl under age 11 in April.

The charge normally carries a maximum sentence of 2 to 7 years in state prison. As part of a plea deal, Durbano faced up to 5 years in prison when he was sentenced today.

Sara Sheldon, the acting Orleans County Court judge, gave him the maximum of five years in the plea agreement, as well as a maximum of 10 years of post-release supervision.

Durbano’s attorney Dominic Saraceno said Durbano has accepted responsibility for the crime and accepted the plea deal to avoid a painful trial for the victim.

“He is extremely ashamed and embarrassed by what he did,” Saraceno said during sentencing today.

Durbano apologized for the crime and told the judge he didn’t have any explanation for why he committed the sexual crimes.

“I’m very sorry for what I did,” he told Judge Sheldon.

“How does a man do this?” the judge asked him.

“I don’t know,” Durbano replied.

He also needs to pay a $1,000 crime victim fee and $425 court surcharge.

Durbano will be a registered sex offender when he is released from prison.

Two people pleaded guilty in other cases in court today:

• Joshua Biaselli, 33, of Albion pleaded guilty to felony driving while intoxicated and faces a maximum of 1 1/3 to 4 years in state prison when he is sentenced on Feb. 26.

Biaselli allegedly stole a car and drove while under the influence of alcohol and drugs on Feb. 10. Biaselli also allegedly crashed the vehicle into a garage on Gulf Road in Murray. He was allegedly driving drunk and high from using cocaine and marijuana.

Biaselli was released from state prison in Elmira in January after serving more than five years in prison for felony DWI, bail jumping and drug convictions. About a month later, he was arrested again.

Judge Sheldon urged him to take advantage of education and drug counseling programs while he is in jail until his sentencing.

If he shows progress, Sheldon told Biaselli today she would consider giving him less than the maximum when he is sentenced.

“Some people would say you are difficult,” the judge told Biaselli. “I wouldn’t say that. I think you’ve had a hard life. You’re 33. It’s time to be a man and pull yourself up by your bootstraps.”

• Shanya Beasley, 39, of Kingston Street in Rochester admitted she had cocaine with the intent to sell it in Orleans County on April 18.

She pleaded guilty to attempted criminal possession of a controlled substance in the third degree, and faces a maximum of 1 to 5 ½ years in state prison, plus 1 to 2 years of post-release supervision when she is sentenced on March 12.

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ALBION – Three people were sentenced in Orleans County Court today, including a mother who admitted to trying to sneak the narcotic Soboxone into the Orleans County Jail for her son while he was an inmate.

Mary Walton, 58, of Albion had no prior criminal history. She could have been sentenced to state prison for promoting prison contraband.

Sara Shedon, the acting County Court judge, decided against any jail or prison time. She instead sentenced Walton to five years of probation, “based on the fact this is your first offense and your likelihood of reoffending is basically zero,” Sheldon said in court this afternoon.

Walton apologized for the crime.

“I’m sorry for what I did,” she said in court this afternoon. “It was a stupid move.”

Since her arrest in June, Walton said she has lost her job and her home. Her boyfriend broke up with her and some family members haven’t spoken to her. She also had her pistol permit revoked.

Her attorney, David Wade, urged the judge to sentence her to probation and not incarceration. He noted that Walton is a caregiver for a grandchild several days a week.

“Many would say what she did was absolutely wrong and dumb, succumbing to her son’s addiction,” Wade told the judge. “”To say this has been life-changing would be an understatement.”

Her son, Joshua Grosskopf, was in jail when she attempted to bring Soboxone into the jail for him. Grosskopf was serving a 6-month sentence for petit larceny.

In other sentencings today:

• Peter Eckerd, 28, of Brockport was sentenced to 1 to 3 years in state prison for felony driving while intoxicated in the Town of Murray.

The charge normally carries a maximum of 1 1/3 to 4 years in state prison, but as part of a plea deal Eckerd’s sentence was capped at 1 to 3 years in prison. He has two prior DWIs.

• Shane S. Woolston, 26, of Waterport was sentenced to a year in the county jail for grand larceny in the fourth degree for allegedly stealing a car as well as several credit and debit cards, and using them to make numerous purchases.

• David L. Timmer III, 38, of Medina was to be sentenced today but it was pushed back until Feb. 4 while the court awaits a pre-sentencing report. Timmer has pleaded guilty to attempted burglary in the third degree. He is accused of burglarizing Tim Horton’s in Medina and taking money from the business. He faces a split sentence of up to 6 months in jail and 5 years of probation.

• In another case, Patricio A. Borquez, 43, pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

Borquez, formerly of Densmore Road in Albion, admitted he had cocaine on Jan. 27 with the intent to sell it.

He will be sentenced on Feb. 26 and faces a maximum of 3 years in state prison. Borquez had been working for two years in Albion as a farmworker. He is likely to be deported when he completes the prison sentence.

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ALBION – Several people pleaded guilty in Orleans County Court on Monday.

Derrick Adams, 30, of Medina admitted to unlawfully having cocaine with the intent to sell it on April 25.

He pleaded guilty to criminal possession of a controlled substance in the fifth degree. The charge carries a maximum of 1 to 2 ½ years in state prison.

As part of a plea deal, Adams, who has no previous criminal history, instead will face a maximum of 6 months in jail and 5 years on probation when he is sentenced on Feb. 5. He also agreed to forfeit $5,818 that was seized by law enforcement.

• An Albion man pleaded guilty to grand larceny in the fourth degree. Joseph Piedmont, 52, of South Clinton Street admitted to taking a debit card. He agreed to pay restitution of $14,321.

Piedmont told Judge Sheldon he made “bad decisions” and went back to using drugs after being clean.

The grand larceny charge normally carries a maximum of 1 1/3 to 4 years in state prison. But in a plea deal, Piedmont will face up to 6 months in jail plus 5 years of probation when he is sentenced on Jan. 22.

• A Waterport woman was accepted into a diversion program. If she can stay off drugs and obey the law during the program, a felony charge will be dismissed and she will avoid jail.

Mary Golding, 52, of Waterport pleaded guilty to third-degree burglary for going into a building on North Liberty Street in Albion without permission.

The judge ordered that Golding go into an inpatient drug treatment program, and then an outpatient program.

“She doesn’t get home until she is squeaky clean,” the judge said.

She told Golding she needs to do the hard work of rehab or else she will go to state prison, possibly for 3 ½ to 7 years.

• Frank Ranallo, 47, of Medina pleaded guilty to violating his probation and could be sentenced to up to a year in the county jail on Jan. 8.

Ranallo violated his probation by not attending substance abuse and mental health counseling appointments. He also was using drugs, and committed another crime, according to the District Attorney’s Office.

Sara Sheldon, the acting County Court judge, told Ranallo he needs to go to his appointments.

“This is not a joke,” the judge said. “This is serious.”

• Evan J. Vanskiver, 24, of Hilton also was arraigned for violating probation. Vanskiver allegedly didn’t notify probation of a change of address.

His attorney Nathan Pace said it was “a communication error.” He asked that Vanskiver be released from jail.

Judge Sheldon set bail at $500 and set Dec. 4 for a hearing about whether Vanskiver violated terms of his probation.

• A 17-year-old boy from Medina admitted to sending a sexually explicit image to a 14-year-old girl. The boy pleaded guilty to disseminating indecent material to a minor.

The judge granted him youthful offender status. The crime won’t go on his record and he won’t have to register as a sex offender. He will serve six months in jail, plus five years of probation.

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ALBION – A Kendall man facing charges of driving while intoxicated and criminal possession of a weapon had his bail revoked today in Orleans County Court.

Chad Oehlbeck, 30, has been free on $15,000 bail since his arrest. He was allegedly driving drunk with a gun in his vehicle, District Attorney Joe Cardone said in court this afternoon.

Sara Sheldon, acting County Court judge, issued an order of protection for the woman when Oehlbeck was arraigned on Aug. 28. Oehlbeck was to have no communication with the woman.

However, he has allegedly sent more than 100 text messages, more than 30 Facebook messages and left 29 voicemails, Sheldon said in court today.

He has since been charged with criminal contempt for violating a court order.

Sheldon revoked Oehlbeck’s bail today and had him sent to jail.

“I’m sorry Chad,” the judge told Oehlbeck. “You don’t disobey court orders. That is not tolerated.”

In other cases in County Court today:

• A Medina man admitted to having cocaine with the intention of selling it on May 18.

Russell E. Sargent, 51, of West Avenue pleaded guilty to attempted criminal possession of a controlled substance in the third degree. That charge normally carries a sentence of 1 to 5 ½ years in state prison. As part of a plea deal today, Sargent will face up to 4 years in state prison, plus a maximum of 1 to 2 years of post-release supervision. He will be sentenced on Jan. 22.

• A 17-year-old boy who was living in Medina has now spent five months in the county jail for disseminating indecent material to minors. The boy allegedly sent “extremely graphic images to an underage female,” Cardone said.

The boy, who could be a youthful offender and shouldn’t have his name published, was 16 when he allegedly sent the images, his attorney Michael O’Keefe said.

O’Keefe said the boy should be released soon because he has already spent five months in jail. If he was released, he wouldn’t have a place to go because his mother abandoned him and his father is serving a 50-year prison sentence.

O’Keefe said he has been trying to find a place for the boy but there are very limited resources locally.

The boy doesn’t have a prior criminal history. His attorney said it’s unfair the boy has to stay in jail so long and miss out on school.

Cardone offered a plea deal for the boy to face 6 months in jail and five years probation, plus he would have youthful offender status, sealing his record and keeping him off the sex offender registry.

O’Keefe said the six months is already nearly up. He thinks insisting on 5 years of probation after 6 months of jail is too harsh and perhaps an illegal sentence for the charge.

Judge Sheldon said the 5 years of probation could provide needed guidance for the boy.

She isn’t willing to let the boy from jail until she knows he has a safe housing situation, even if that means he stays in jail for more than 6 months.

“I’m not going to just release him to the streets,” she said.

The boy will be back in court on Nov. 13 to make a decision whether to accept the plea deal. The judge also wants to see if there is progress in finding a place for the boy to stay once he is out of jail.

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ALBION – Three people were arraigned in Orleans County Court last week for felonies.

Adrian Taylor, 40, of Rochester was charged with fourth-degree grand larceny for stealing from Wal-Mart.  He has since been charged again for third-degree grand larceny for stealing merchandise from Wal-Mart.

Taylor allegedly put electronic items in a tote and then took them from the store.

Taylor has three prior felony convictions. Sara Sheldon, the interim County Court judge, kept bail at $25,000 cash, which was set in town court.

Other arraignments include:

• Breanna Eaton, 24, of Davis Ave., Medina, who is charged with fourth-degree grand larceny. She allegedly stole jewelry on April 10 that is valued at more than $1,000.

She was released on her own recognizance and will be screened for a judicial diversion program, where the charge could be reduced to a misdemeanor with no jail time.

• Corey Goebel, 26, of Sparling Drive, Rochester, who is charged with third-degree burglary and petty larceny. He is a codefendant in a case where he allegedly entered a garage on Countyline Road in Clarendon without permission and stole tools.

Bail was set at $10,000.

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ALBION – Two weeks ago in Orleans County Court, Joseph Quarella refused a plea deal and proclaimed his innocence. He was set to go to trial on Nov. 13 for first-degree sex abuse for having sex with a 16-year-old girl.

Quarella was asked in court on Oct. 16 if he would accept a plea offer in the case.

“No,” he told Judge Sara Sheldon. “I’m not because I didn’t do anything.”

But today in court, Quarella admitted to forcibly touching the victim’s private parts.

He pleaded guilty to first-degree attempted sex abuse and faces a maximum sentence of 2 ½ to 4 years in state prison. He will be sentenced on Jan. 22.

Quarella was living at Skyline Circle in Murray when he allegedly subjected the victim to crime, which occurred in November 2016.

Quarella is a second felony offender and already has served a sentence in state prison.

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BROCKPORT – Four people from Brockport have been accused of being part of selling and distributing crack cocaine in Orleans County, the Orleans County Major Felony Crimes Task Force reported today.

The Task Force and the Brockport Police Department on Wednesday executed a search warrant at 29 Main St., apt. 2, in Brockport. Task Force members seized a quantity of crack cocaine packaged for sale and arrested four people on various drug charges.

Todd Brown

The following were charged:

Todd M. Brown, 29, of 29 Main St., apt 2., Brockport. He was charged with nine counts of criminal sale of a controlled substance in the third degree, which are Class B felonies.

He was arraigned in Murray Town Court by Town Justice Theodore Spada Jr., and committed to the Orleans County Jail on $50,000 cash bail or bond. He is scheduled to appear in Murray Town Court at 5:30 p.m. on Friday.

Jessica Hart

Jessica L. Hart, 27, of 29 Main St., apt. 2, Brockport, who was charged with four counts of criminal sale of a controlled substance in the third degree, Class B felonies.

She was arraigned in Murray Town Court by Justice Spada, and committed to the Orleans County Jail on $50,000 cash bail or bond. She is scheduled to appear in Murray Town Court at 5:30 p.m. on Friday.

Keriena Y. Torres, 19, of 93 West Ave., Brockport, who was charged by Brockport Police with one count of criminal possession of a controlled substance in the third degree, a Class B felony.

She was arraigned in the Village of Brockport Justice Court by the Honorable William Andrews. Torres was committed to the Monroe County Jail on $2,500 cash or bond.

Donna M. Rosenbaum, 57, of 26 Main St., apt. 2, Brockport. She was charged by Brockport Police with one count of criminally using drug paraphernalia in the first degree, a Class A misdemeanor.

Rosenbaum was issued an appearance ticket.

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

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ALBION – An inmate at the Albion Correctional Facility was sentenced to additional 1 ½ to 3 years in state prison for attempting to have a drug brought into the women’s prison.

Stacie Calloway, 47, is a Rochester native currently in the women’s prison. On March 26, she attempted to have Alprazolam, a prescription drug used to treat anxiety, be brought into the prison.

Calloway pleaded guilty to attempted promotion of prison contraband in the first degree.

The charge usually carries a 2- to 4-year maximum in prison. As part of a plea, Calloway will face an extra 1 ½ to 3 years in prison. She was due to released in December.

Her attorney, David Wade, asked Sara Sheldon, the acting Orleans County Court judge, for leniency for Calloway, whose husband is in hospice care with terminal brain cancer. Wade also said Calloway’s criminal record is driven by her drug addiction.

Calloway apologized for her “very poor choices” and asked the judge to include a drug treatment program in the sentence.

Judge Sheldon said Calloway has twice been in the Willard drug treatment program through the state prison system. Sheldon told Calloway she would receive additional drug treatment when she is released from prison. The judge urged Calloway to take a leadership role in the program.

“I think there is a lot of hope for you,” the judge said. “Look at you, you’re fabulous.”

In other cases in County Court today:

• The judge accepted Virginia A. Rivera, 37, of Albion into a judicial diversion program. If Rivera successfully completes the program, which includes inpatient drug treatment, a felony charged will be dismissed. Rivera will instead be sentenced to 3 years of probation for a misdemeanor of criminal possession of a controlled substance in the seventh degree.

Rivera in court today pleaded guilty to criminal possession of a controlled substance in the third degree. If she fails the judicial diversion program, Rivera could face 1 to 9 years in state prison.

She admitted she had cocaine with the intent to sell. She doesn’t have a prior criminal record.

• John W. Murphy, 44, of Medina was arraigned for fifth-degree criminal sale and criminal possession of a controlled substance.

He allegedly was involved with the sale and distribution of prescription Suboxone strips. Murphy entered a not guilty plea today in court. He will be screened for the judicial diversion program.

• Mary Golding, 52, of Waterport was arraigned for third-degree burglary, menacing in the second degree, and criminal possession of stolen property in the fourth degree.

She allegedly went into a building on North Liberty Street in Albion, and brandished a knife, threatening a woman. The judge issued an order of protection for the woman.

Judge Sheldon also set bail at $10,000 for Golding.

Her attorney, Mark Lewis, said Golding had been drinking heavily and using illicit drugs at the time of the alleged crimes.

Golding will also be screened for the judicial diversion program. Last year she was sentenced to a year in jail for going into a neighbor’s house on Harris Road on Nov. 8, 2015 and stealing a jewelry box so she could feed her heroin addiction.

Golding today in court said she has been struggling with alcohol, cocaine and heroin addictions.

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