Batavia man gets longest punishment at 9 years

Philip R. Ayala

ALBION – Three people were sentenced to state prison today with a Batavia man getting the longest punishment at 9 years of incarceration.

Philip R. Ayala, 30, of Summit Street admitted in a previous court appearance to selling cocaine in Orleans County on March 31. He pleaded guilty on Sept. 14 criminal sale of a controlled substance in the third degree. As a second felony offender, he could have faced a sentence of 2 to 12 years in state prison.

“It’s pretty clear you’re a drug dealer with a very bad record,” said Orleans County Court Judge James Punch. “The only way you will stop is to be incarcerated.”

As part of the plea deal, Ayala’s sentence is capped at 9 years, and Punch gave Ayala the maximum. It will run concurrently as his sentence in Genesee County Court, where Judge Robert Noonan sentenced Ayala to 8 years in state prison in August.

The following were also sentenced this afternoon in County Court:

Philip A. Riley, 32, of Albion was sentenced to 5 years in state prison, the maximum under a plea deal.

Riley on Oct. 5 admitted in court he had heroin and sold it for a profit on April 7. He pleaded guilty to attempted criminal possession of a controlled substance in the third degree. Riley is a second felony offender and has been in the county jail on $100,000 bail since his arrest in July.

A Rochester man with eight alcohol-related offenses was sentenced to the maximum, 1 1/3 to 4 years in prison, for driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

Jeffrey Houghtaling, 50, was arrested in Murray by Holley police on Oct. 25 when he was driving erratically with another person’s ID. He had a Blood Alcohol Content of 0.16 percent, twice the legal limit.

Houghtaling has been in treatment for alcohol and mental health, while keeping a full-time job. He said he has been sober for 14 months.

“I’m 50 years old but I have turned the corner,” Houghtaling told Judge Punch. “My commitment is to stay focused.”

Punch responded that Houghtaling has been on probation at least three times before.

“You have a deep-rooted problem,” Punch said. “I would be irresponsible as a judge to let you out again. It just doesn’t get any worse than this as far as DWI goes.”

Houghtaling also is to install an inter-lock device that measures his BAC when he is released from prison.

A Holley woman was sentenced to 90 days in jail and five years probation. Jennifer McCarthy-Conklin, 39, is a first-time offender. She admitted she had cocaine and sold it from the Holley Hotel on Feb. 27.

She pleaded guilty to criminal possession of a controlled substance in the fifth degree.

“This is a classic case that calls out for probation but also warrants some punishment,” Punch said.

ALBION – A Holley boy who will turn 18 next week was sentenced to 1 1/3 to 4 years in state prison today for first-degree rape.

The boy was granted youthful offender statue so Orleans Hub won’t publish his name. He allegedly had sex with his sister when she was 10.

The crimes, however, go back several years, District Attorney Joe Cardone said in court today.

Dominic Saraceno, the boy’s attorney, said the crimes started when the defendant was 12 and continued until he was 17.

“He feels tremendous amount of guilt for what he did,” Saraceno said during sentencing today.

He asked the judge for leniency, considering the crimes started when the boy was 12.

“This is an appalling crime,” said Orleans County Court Judge James Punch. “The fact that it went on for a period of years is not a mitigating factor but an aggravating factor. Clearly state prison is warranted.”

The judge issued an order of protection for the victim. Because the boy is a youthful offender, he won’t be included on the sex offender registry.

ALBION – Two people facing multiple felony counts appeared in Orleans County Court today and Judge James Punch set bail at $100,000 for both of them.

Terry Holloway Jr., 32, of 404 East Oak Orchard St., Medina was arrested on Aug. 1 on drug and weapons charges.

He was arraigned today in County Court on two counts each of third-degree criminal sale and criminal possession of a controlled substance, as well as third-degree criminal possession of a weapon in the third degree.

Holloway is accused of being involved in the sale and distribution of heroin, crack cocaine and the sale of an AR-15 semi-auto assault rifle with over 200 rounds of ammunition, the Orleans County Major Felony Task Force reported.

Holloway has a prior felony for criminal possession of a controlled substance, as well as prior misdemeanor crimes, District Attorney Joe Cardone said.

Holloway was among 20 people arrested in drug sweep during the summer by the Task Force and other law enforcement officers.

Joshua L. Miller also was among those arrested in that sweep. Miller, 35, of 4706 East Shelby Rd., Medina is accused of manufacturing and distributing methamphetamine in Orleans County.

He was arraigned this afternoon on 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.

Miller has a prior felony and five prior misdemeanors, Cardone said.

Both Miller and Holloway are currently in jail.

Donald Stirk could be sentenced to 20 years in prison

BUFFALO – U.S. Attorney William J. Hochul Jr. announced today that Donald Stirk, 36, of Albion pleaded guilty to importing αPVP into the United States before U.S. District Judge Elizabeth A. Wolford.

The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Stirk was arrested in April for importing synthetic drugs. Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on March 5, 2015, Customs and Border Protection officers in Memphis, Tenn. conducted a routine inspection of a package mailed from China and addressed to the defendant “Donald Starks” in Albion.

The contents of the package were listed as “Betaine HCL,” a dietary supplement. Further inspection revealed the package actually contained Alpha-PVP, a Schedule I controlled substance, the U.S. Attorney’s Office reported.

Law enforcement officers on March 13 determined there was another package from China addressed to “Donald Starks” at the Albion Post Office. Further inspection revealed the package contained Alpha-PVP, according to Hochul’s office.

As the investigation continued, law enforcement officers continued to identify more packages from China intended for Stirk. On April 15, 2015, officers performed a controlled delivery of several of the packages to Stirk at his Albion residence on Route 31 and then executed a search warrant at the residence revealing an additional quantity of αPVP.

According to Hochul’s office, the defendant purchased the chemicals to help him with his mental illness. Stirk also sold the chemicals to another individual, the U.S. Attorney’s Office reported.
The plea by Stirk is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

Sentencing is scheduled for March 23, 2016 at 11 a.m. before Judge Wolford.

ALBION – A Lockport man pleaded guilty today in Orleans County Court to attempted assault in the second degree.

Markel Hill, 25, could face up to 1 ½ to 3 years in state prison when he is sentenced on March 14. The charge normally carries a maximum to 2 to 4 years in state prison. If Hill’s sentence is longer than 1 ½ to 3 years, he can withdraw the plea and go to trial.

He admitted in court today he punched a woman in the face on Oct. 9, 2014. He was arrested by the Medina Police Department and charged with second-degree assault.

The woman who was punched in the face suffered a broken jaw and needed surgery. Her mouth was wired shut. She continues to suffer pain from the injury, District Attorney Joe Cardone said.

Judge Punch could also issue an order of protection, and require a DNA fee and surcharge when Hill is sentenced.

ALBION – A jury in Orleans County today found a Brockport man guilty of 13 counts of second-degree rape against a 13-year-old girl from Holley.

Matthew M. Edwards, 29, of West Ridge Road was accused of having sex with the girl in the Village of Holley between July 4 and Aug. 30, 2014. Edwards also allegedly provided the girl with drugs and alcohol, according to the District Attorney’s Office.

In addition to second-degree rape, Edwards was found guilty of 13 counts of criminal sexual act in the second degree and one count of endangering the welfare of a child.

The jury found him not guilty of five counts of unlawfully dealing with a child in the first degree.

Edwards could be sentenced to up to 7 years in state prison for each count of second-degree rape, although the maximum sentence would be about 20 years. Judge James Punch will sentence Edwards at 2 p.m. on Feb. 29.

The trial started last Wednesday and concluded today at about 4 p.m. when the jury returned its verdict.

Edwards was jailed last January on $200,000 bail. Judge Punch revoked bail after the jury’s verdict.

“I know this is a difficult case,” Punch told the jury. “I appreciate the work you put into it.”

ALBION – Two people pleaded guilty in Orleans County Court on Monday and could be sentenced to state prison in February.

A Holley woman admitted to bringing a controlled substance into the Orleans County Jail on Oct. 1. Stephanie M. Rauch, 27, of North Main Street pleaded guilty to attempted promotion of prison contraband in the first degree and could face up to 4 years in state prison when she is sentenced on Feb. 22.

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 James Punch.

Rauch has a prior misdemeanor. She remains free on $1,000 bail.

An Albion man pleaded guilty to driving while intoxicated and could face a maximum 1 to 3 year sentence in state prison.

John L. Sunday Jr., 46, of Crandall Road said he drank about nine beers on the evening of July 25. His Blood Alcohol Content was .19 percent, more than twice the legal limit of .08 percent, according to the BAC test from a Medina police officer.

Sunday has a prior DWI conviction in Ridgeway from Aug. 23, 2010. He will be sentenced on Feb. 22.

Judge decides against prison for man recovering from serious injuries

ALBION – A Holley man was sentenced to 1 1/3 to 4 years in state prison today for attempted assault in the second degree.

William Nichols, 22, admitted to the crime during a September appearance in Orleans County Court. He said he hit another man with a BB Gun during a fight at the Public Square in Holley on May 8. The incident left the other man with a gash to the head and check, and head aches, forcing him to miss work, Assistant District Attorney Susan Howard told Judge James Punch in September.

Nichols also admitted to punching another man with his fists during a fight on June 13.

Nichols apologized for the incidents in court today.

“There’s no excuse for what I did, your honor,” Nichols told Judge Punch. “I let the drugs get the best of me.”

Nichols was represented in court by attorney Dominic Saraceno, who said Nichols gets into trouble when he uses illegal drugs.

The judge issued orders of protection for the victims in the crimes. He said Nichols has a long and serious criminal history. He has been in jail since May.

In another sentencing, James Herring III, 25, of Albion was spared prison and probation. He was given a conditional discharge and can avoid prison as long as he doesn’t break any laws over the next three years.

Herring has had his sentencing adjourned several times due to serious injuries he sustained about a year ago. The judge wanted to see if Herring would regain cognitive function, but that hasn’t happened enough for Herring to be sentenced to either prison or probation.

Herring is accused of selling cocaine on May 22, 2013. He faced up to 2 ½ years in state prison. He pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

“There are profound cognitive disturbances here,” Punch said in court today. “State prison is not going to work here given the current condition of the defendant.”

Punch said Herring is unlikely to reoffend. If he does, he will be sent to prison, Punch said.

Herring will need to appear before Punch every two months in the next year with Feb. 8 the first compliance visit.

“I expect you to follow the law,” Punch told Herring, who responded, “Yes, sir.”

Press release, U.S. Attorney William Hochul

BUFFALO – U.S. Attorney William J. Hochul, Jr. announced today that Albert Parsons, 46, of Rochester pleaded guilty to committing a violent crime, an assault resulting in serious bodily injury, in aid of a racketeering enterprise, before U.S. District Judge Richard J. Arcara.

“Similar to operations of old, the defendants in this case employed various street level criminals to steal,” said U.S. Attorney Hochul.

“Unlike past criminal organizations, however, Rico Vendetti and his cohorts used the power and anonymity of the Internet to thereafter dispose of their ill-gotten gains, in effect creating a high-tech fencing operation in which unwitting purchasers could be located anywhere in the world. As this case – the first of its kind in the District – demonstrates, the federal racketeering laws are more than capable of dismantling both old fashioned, and modern day criminal operations.”

Assistant U.S. Attorney’s Anthony M. Bruce and Scott S. Allen, Jr., who are handling the case, said that in the early morning hours of July 5, 2010 the defendant and co-defendants Donald Griffin and Juan Javier burglarized the Medina home of 78-year-old Homer Marciniak.

The three men were hired by Rico Vendetti and Arlene Combs to steal Marciniak’s valuable comic book collection. During the course of the burglary, Marciniak, who had a serious heart condition, awoke and confronted the burglars. Griffin struck Marciniak and then, along with Javier, tied him up. Marciniak was also repeatedly threatened by Javier. Parsons, Griffin and Javier ultimately located the comic book collection along with several strong boxes containing cash, coins and other valuables.

After Parsons, Griffin and Javier fled the scene, Marciniak freed himself and was taken to Medina Memorial Hospital for treatment of the facial injuries he suffered when struck by Griffin. However, after Marciniak was treated and released, he suffered a heart attack and died shortly after being re-admitted to the hospital.

Medical evidence that the government was prepared to offer at trial demonstrated that the blow Griffin struck, as well as the emotional trauma caused by the burglary, directly contributed to Marciniak’s cardiac arrest and resulting death.

Parsons, Griffin and Javier gave the comic books to Combs who, along with another co-defendant, Terry Stewart, took the comic books to Vendetti later in the day on July 5. However, once Vendetti learned that the burglary resulted in Marciniak’s death, Vendetti disposed of the comic books.

The burglary grew out of an organized shoplifting ring that stole millions of dollars in merchandise from big box stores such as Walmart, Sears, Home Depot, JoAnn Fabrics, Tops and Wegmans. The merchandise was sold to Rico Vendetti for 25¢ on the dollar. The merchandise was then sold by Vendetti on eBay for about half of its retail value, primarily to out-of-state customers.

Parsons is the last of seven defendants to be convicted federally in this case. He will be sentenced on April 1, 2016 at 12:30 p.m. before Judge Arcara.

Donald Griffin will be sentenced on Feb. 3, 2016. Juan Javier, who was 17 at the time of the burglary of Marciniak’s home, was prosecuted as an adult in Orleans County and sentenced to seven years in state prison.

Also convicted in connection with this case:

Rico Vendetti was convicted of racketeering and will be sentenced on Jan. 22, 2016.

Brandon Meade was convicted of conspiring to traffic in stolen goods across state lines and is scheduled to be sentenced on Jan. 21, 2016.

Terry Stewart was convicted of racketeering and was sentenced to 55 months in federal prison.

Dayon Shaver was convicted of conspiring to traffic in stolen goods across state lines and will be sentenced on March 21, 2016.

Arlene Combs was convicted of racketeering and will be sentenced on February 24, 2016.

Today’s plea is the result of an investigation on the part of Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the New York State Police, under the direction of Major Craig Hanesworth, the Orleans County Sheriff’s Department, under the direction of Sheriff Scott Hess, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Medina Police Department, under the direction of Chief Jose Avila and Officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli.

Special assistance was provided by Orleans County District Attorney Joseph Cardone.

ALBION – A Carlton man who was sentenced about two years ago to state prison for sex crimes against children will soon be released and will be registered as a Level 3 sex offender.

Orleans County Court Judge James Punch assessed Timothy Shay, 51, as the highest risk for reoffending. Punch led the risk level hearing on Monday in County Court. Shay, an inmate at the Marcy Correctional Facility in Oneida County, chose not to attend the hearing.

Shay in 2013 pleaded guilty to two counts of sexual contact with two under-age children and also possession of child pornography.

He was sentenced to 1 1/3 to 4 years in state prison. He could be given a conditional release on Dec. 30. He was received at Marcy on Dec. 12, 2013.

Judge Punch during the hearing on Monday said Shay had sexual contact with two different under-age girls, including one who was 11 and another under age 10. The judge also said Shay has a history of alcohol abuse, which contributes to the Level 3 status for Shay.

In another court case on Monday:

A Rochester man rejected a plea offer and will go to trial beginning Jan. 20 for charges of criminal sale and possession of drugs in Orleans County in early 2014.

Tony Thompson, 48, of Dale Street in Rochester has been charged with criminal sale and criminal possession of a controlled substance in the fifth degree. He is currently in the Orleans County Jail.

ALBION – Four people were sentenced to state prison by Orleans County Court Judge James Punch today with a Niagara Falls man getting the longest sentence.

Robert Wright, 23, of Niagara Falls was sentenced to 7 years in prison. Wright faced charges of first-degree burglary, criminal possession of a firearm, petty larceny and criminal possession of stolen property in the fifth degree for alleged crimes that occurred in Medina on June 16.

He went to trial and was found guilty. He apologized for the crimes and to the victims today in court.

Wright is a second-felony offender with a previous conviction in Genesee County on March 25, 2010.

Punch said Wright is “a very dangerous person” and the latest felony “is a very serious crime” that the judge considered a home invasion. He said Wright has not taken responsibility for the crime “in a meaningful way.”

In addition to the state prison sentence, Wright will have five years of post-release supervision. Punch also issued two orders of protection for the victims in the crime.

In other cases today, Judge Punch sentenced the following:

A Medina man was sentenced to 5 years in state prison for attempted burglary in the second degree.

Joey Johnson, 28, of South Avenue admitted in a previous court appearance to breaking into the home of an elderly Albion couple and stealing some of their possessions, including a safe with $10,000.

The charge, a Class E violent felony, normally carries a maximum sentence of 2 to 7 years in state prison. As part of a plea deal, Johnson was to face no more 5 years in state prison. Punch gave him the maximum as part of the plea.

A Hamlin man was sentenced to 4 years in state prison. Joel E. Johnson, 31, admitted he sold cocaine in Monroe County and Holley in transactions arranged with a confidential informant in Orleans County.

He pleaded guilty to attempted criminal sale of a controlled substance in the third degree, a charge that normally carries a sentence up to 5 1/2 years in state prison.

Johnson’s attorney Nathan Pace said Johnson completed probation successfully 11 years ago when he was 20 and had been out of trouble since then, working full-time. However, Johnson lost his job and “acted out of circumstances” in selling drugs, Pace said.

Punch said for probation to be successful it has to have a long-lasting effect.

“It looks to me like you’re a pretty significant seller of hard drugs in Orleans County,” Punch said during sentencing. “You’re completely self-centered and you’ve profited from selling this poison in our community.”

An Albion man was sentenced to 1 ½ years in prison for third-degree criminal sale of marijuana.

Charles A. Santiago, 27, of 214 North Main St. previously admitted to selling marijuana in excess of 25 grams on May 28. He is a first-time felony offender.

Santiago has been on probation three times. Punch said prison was needed.

“At some point you didn’t reach a turning point while on probation,” the judge said. “You’ve been given chances over and over again and you never took a chance to get straightened out.”

ALBION – A Kent resident who admitted to several probation violations was sentenced to 1 to 3 years in state prison on Monday.

Luke G. Sorta, 23, could have been sentenced to a maximum of 1 1/3 to 4 years in state prison. Orleans County Court Judge James Punch gave him less than the maximum.

Sorta during a Sept. 14 court appearance admitted to violating his probation by abandoning his job at Brunner, failing to get his General Equivalency Diploma, admitted to smoking marijuana several times, as well as consuming alcohol and circumventing the drug testing policy. He also left the area without telling probation.

Sorta was recently arrested in Idaho on a warrant for violating probation. He was returned to Orleans County and has been in the county jail.

In other cases in County Court:

A Medina man pleaded guilty to felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

Bradley Dunaway, 52, of Oak Orchard River Road could face up to 4 years in state prison when he is sentenced on Feb. 8. This is his fifth alcohol-related offense.

Dunaway admitted in court on Monday he had been drinking prior to an accident on June 20 at Ridge Road and Culvert Road in Ridgeway. He registered a 0.18 blood alcohol content, more than double the legal limit. He has been free on $50,000 bail.

An Albion man pleaded guilty to criminal possession of a controlled substance in the fifth degree, which has a maximum of 2 ½ years in state prison.

Brandon A. Honore, 30, of East Park Street admitted to selling cocaine. He was arrested in July when 20 people were charged a seven-month investigation into the sale and distribution of drugs in Orleans County.

Honore has been in jail on $100,000 bail. He has two prior felonies and has already been to state prison.

His attorney, Kevin McKain, asked that jail be reduced, given that Honore was working full-time and committed no crimes for six years. Judge Punch agreed to lower bail to $25,000.

Honore will be sentenced on Feb. 8.

A 19-year-old Bergen woman pleaded guilty to seventh-degree criminal possession of a controlled substance. That charge normally carries a maximum of a year in jail, but Kuyanna Kuyal won’t spend time in jail as part of a plea deal on Monday.

Kuyal has no prior criminal record. She could be sentenced to probation on Feb. 8.

She admitted in court that she was in a car on May 7 when cocaine was sold. Kuyal allegedly assisted in cocaine sales, but did not possess the drug, District Attorney Joe Cardone said.

She faces a six-month suspension of her license. If she can’t obey the law while on probation, Judge Punch said she would be put in jail for a year.

Danielle Conrad

ALBION – An Irondequoit woman who is accused of causing life-threatening injuries to a Medina man after hitting him with her car on Sept. 7 was arraigned in Orleans County Court on Monday for second-degree vehicular assault.

Danielle E. Conrad, 38, also has been arraigned with driving while intoxicated and driving with .08 percent (or more) Blood Alcohol Content.

The incident occurred at about 9:45 p.m. on Harrison Road in the Town of Shelby. Christopher M. Caldwell, 37, had been a passenger in a sedan operated by Conrad, the Orleans County Sheriff’s Department reported on Sept. 8.

At some point the two got into a domestic dispute and Caldwell was dropped off on Harrison Road. Conrad drove off, but returned to pick up Caldwell a short time later. She apparently drove past him at one point, then drove down the road and turned around. During all this time they were conversing with each other by cell phone.

Conrad drove down Harrison Road a second time and that time she struck Caldwell, the Sheriff’s Department reported. He was flown by Mercy Flight helicopter to Erie County Medical Center in Buffalo.

The District Attorney’s Office said he remained hospitalized when the grand jury indicted Conrad about two weeks ago.

Conrad told Judge James Punch she didn’t have means to pay for an attorney so he assigned Nathan Pace as her counsel.

Conrad has a prior felony from about 20 years ago, Pace said. She also is currently in the Drug Court program in Monroe County.

Judge Punch set bail at $10,000, and also issued an order of protection for Caldwell. Conrad is next due in court on Nov. 23.

ALBION – A Cheektowaga man was arraigned on four counts of third-degree rape in Orleans County Court on Monday.

Carson Cavers, 21, allegedly had sex with a 16-year-old girl in Shelby four times between April and July. He also is facing rape charges in Ontario County and an unrelated charge of second-degree assault in Erie County.

He pleaded not guilty to the charges in Orleans County during his arraignment. County Court Judge James Punch set bail at $10,000.

In other cases in county court:

A Medina man was arraigned on second-degree burglary and petty larceny.

Michael Santoro, 22, of Gwinn Street allegedly broke into a house in Ridgeway between April 26 and May 1 and took jewelry and other items.

Santoro has a prior misdemeanor drug charge. He was assigned the public defender and Judge Punch set bail at $2,500.

A Brockport man was arraigned on third-degree burglary, third-degree grand larceny and third-degree criminal possession of stolen property.

David Corbitt, 52, of Capen Road allegedly stole more than $3,500 worth of copper from a building on South Holley Road on Aug. 28.

Corbitt has five prior felonies and two parole violations. Judge Punch set bail at $30,000.

Two men from Lyndonville were arraigned together for growing and possessing marijuana.

Nathan Brege, 23, of Cape Drive was arraigned for growing cannabis, criminal possession of marijuana in the second degree, criminal possession of a controlled substance in the seventh degree and resisting arrest.

He was arrested on Sept. 16. Judge Punch set bail at $2,500.

David Tower, 36, of Cape Drive was arraigned on charges of growing cannabis and criminal possession of marijuana in the second degree.