Steven L. Carter

ALBION – A Rochester man has been jailed after being arrested on several drug charges, the Orleans County Major Felony Crime Task Force is reporting today.

The Albion Police Department stopped a vehicle on Clarendon Street on Jan. 15 and arrested the passenger following an investigation into the sale and distribution of crack cocaine from the City of Rochester to the Village of Albion.

Steven L. Carter, 23, of 185 Mount Hope Blvd. has been 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 fifth degree (Class D felony) and two counts of criminally using drug paraphernalia in the second degree (Class A misdemeanors).

Carter was arraigned in Albion Town Court by Justice Joseph Fuller and committed to the Orleans County Jail on $50,000 bail. He is next scheduled to appear in Town Court on Thursday at 9 a.m.

ALBION – Two people face kidnapping and robbery charges in separate incidents with uncanny similarities, Police Chief Roland Nenni said.

The Albion Police Department charged Andre D. Coley, 24, of West Bank St. following the investigation of an adult male victim being held against his will and then forced to withdraw a total of $8,800 from his bank account and give it to the suspect.

Andre Coley

Coley allegedly used threats and intimidation over a two-week period to force the victim to a bank on several occasions where the victim was forced to withdraw cash and turn it over to Coley, Nenni said.

On Jan. 14 at about 10 a.m. the victim called 911 after Coley came to the victim’s residence and demanded more money, the police chief reported today. The Albion Police Department took Coley into custody after he was located in a vehicle in the Village of Albion.

Coley was charged with kidnapping in the second degree, a B-Felony; robbery in the third degree, a D-Felony; grand larceny in the third degree, a D-Felony; grand larceny in the fourth degree, an E-Felony; unlawful imprisonment in the second degree, an A-Misdemeanor; and unlawful possession of marijuana, a violation.

He was arraigned in the Murray Town Court due to the unavailability of Town of Gaines justice. Coley was placed in the Orleans County Jail on $100,000 bail. He is to return to the Gaines court on Jan. 20.

Christopher D. Rivers Jr.

The Albion Police Department also arrested Christopher D. Rivers Jr., 19, of 25 Sandy Creek Apartments following the investigation of an adult male and adult female victims being held against their will and then forced to withdraw $400 from the female victim’s bank account and give it to the suspect.

Rivers allegedly approached the male victim at a residence outside the Village of Albion and displayed a firearm and demanded the male victim give him cash. The male victim was unable to produce the money so Rivers forced the male and female victims to go to an ATM in the Village of Albion, Nenni said.

The female victim obtained $400 from her bank account and turned it over to Rivers. The victims initially did not report the crime as they were in fear of their safety. The Albion Police Department took Rivers into custody after he was located near his residence in the Village of Albion. Rivers was known by the victims, the police chief said.

Rivers was charged with kidnapping in the first degree, an A1-Felony; robbery in the first degree, a B-Felony; criminal use of a firearm in the first degree, a B-Felony; grand larceny in the fourth degree; an E-Felony; unlawful imprisonment in the second degree, an A-Misdemeanor; and menacing in the second degree, an A-Misdemeanor.

Rivers was arraigned in the Town of Albion Court and was placed in the Orleans County Jail on no bail. He is to return to the Town Court on Jan. 20.

ALBION – Two people were sentenced to 90 days in the county jail, plus five years on probation for felonies in Orleans County.

Henry Lattimer, 34, of West Center Street in Medina was sentenced by Orleans County Court Judge James Punch on Monday. Lattimer pleaded guilty to attempted criminal possession of a controlled substance in the fifth degree.

He was arrested in July as part of drug bust in Orleans County where 20 people were charged.

In another case, Matthew Ritzel, 26, of Hamlin also was sentenced to 90 days in jail and five years on probation.

Ritzel pleaded guilty on Oct. 5 to attempted burglary in the second degree. He admitted to entering a house on Kendall Road in Murray and taking items from the dwelling on June 3.

Ritzel could have faced a state prison sentence, but has no prior criminal history.

ALBION – A Rochester man pleaded guilty to criminal possession of a controlled substance in the seventh degree today in Orleans County Court and was sentenced to time served.

Tony Thompson, 48, has been in the county jail for about seven months. He has resisted plea offers and was going to go to trial. He had been charged with criminal sale and criminal possession of a controlled substance in the fifth degree.

He said in court today he put Tramadol pills on a table on March 26, 2014. But Thompson said he didn’t receive money for the pain reliever; someone else did.

Thompson said he will work hard to avoid the drug scene.

“It’s unfortunate that I’ve been in this situation all my life,” he told Orleans County Court Judge James Punch today.

The judge wished Thompson well in avoiding drugs in the future.

District Attorney Joe Cardone said in court there was “compromising proof” in the case against Thomspon.

In another case in county court, a Yates man likely will not face felony charges for fourth-degree criminal possession of stolen property.

Michael P. Silversmith, 57, of Marshall Road was arraigned in County Court on Dec. 21 for the E felony. The charge may be reduced to petit larceny, a misdemeanor. That will move the case out of County Court and to Yates Town Court.

ALBION – A Medina man faces less severe charges and a lower bail after he allegedly stabbed an Albion teen multiple times on Oct. 24.

Michael B. Collier Jr., 23, of East Oak Orchard Street was originally arraigned in Orleans County Court on Nov. 2 on second-degree assault, criminal possession of a weapon and endangering the welfare of a child. Judge James Punch set bail at $100,000.

Collier has a lengthy criminal history despite being only 23, Assistant District Attorney Susan Howard said in court on Nov. 2. He has two prior felonies, three misdemeanors, two parole revocations and a prior failure to appear in court.

The November arraignment was to set bail. Collier was arraigned in court again on Monday following a grand jury indictment. The grand jury opted not to charge him with criminal possession of a weapon. The victim of the crime has rebounded from his injuries, the DA’s office said.

Collier on Monday was arraigned on second-degree assault and endangering the welfare of a child. He allegedly stabbed a 16-year-old from Albion 10 times on Oct. 24, with one of the wounds close to the victim’s heart.

Collier pleaded not guilty to crimes on Monday in County Court. He is represented by attorney Michael O’Keefe, who asked that bail be reduced from $100,000 “so (Collier) can get out and earn a living.”

Punch, citing less serious charges against Collier, agreed to reduce bail to $50,000.

In other cases in County Court:

Two men from Lyndonville admitted to their roles in growing and possessing marijuana.

Nathan Brege, 23, of Cape Drive and his neighbor David Tower, 36, of Cape Drive pleaded guilty to attempted criminal possession of marijuana in the second degree, which carries a maximum punishment of up to 1 ½ years in state prison. As part of a plea deal they won’t be sentenced to more than a year in jail.

Neither Brege or Tower has a substantial criminal record, Judge Punch said in court.

Tower said in court the marijuana plants were grown in his yard. Both he and Brege said they watered and helped the plants to grow. The plants were seized and weighed more than 6 pounds at a lab in Niagara County.

The two will be sentenced on April 11 at 2 p.m.

A man who has been in prison since Aug. 27, 2012 was assessed as a level 2 sex offender. Ivan Borgyan, 33, allegedly had sexual contact with a 2-year-old girl. He has been in the Mohawk Correctional Facility, serving a maximum sentence of 4 years in prison for first-degree attempted sexual abuse.He could be released Feb. 16, 2016.

Punch said Borgyan had sexual contact with the victim under clothing, and has a history of drug and alcohol abuse, while not accepting responsibility for the crime.

ALBION – A Bergen man was sentenced to 5 years in state prison today following his July arrest on numerous drug charges.

Delmus R. Tanner, 35, of Lake Road in Bergen faced multiple drug possession and sale charges. He is a second felony offender who was previously sentenced for third-degree criminal possession of a controlled substance in Orleans County on Dec. 5, 2008.

He was charged with nine counts of criminal sale of a controlled substance in the third degree, as well as other drug charges in July.

Tanner apologized for the crimes today during sentencing in County Court.

“I admit I was wrong,” Tanner told Judge James Punch. “I will use my time in incarceration to better myself.”

Tanner said his father died from drugs. Tanner doesn’t want to leave that example to his children.

His attorney Larry Koss said Tanner had been off drugs for 20 months and had held a job for 13 months before reconnecting with a friend and started using drugs one time. That was “the beginning of the slope” in the latest drug problems for Tanner, Koss said.

Punch said Tanner was involved in multiple drug sales and has had numerous opportunities to stay away from crime.

“I have no choice logically but to sentence you to state prison,” Punch said in sentencing Tanner to five years in state prison, plus three years of post-release supervision.

In other sentencings today:

A Batavia woman was given four months of weekends in jail plus 5 years of probation. Brooke M. Wenner, 30, of Summit Street was arrested in July and faced multiple criminal sale and criminal possession charges.

Wenner does not have prior felony charges. Punch said it was “a close call” in deciding not to send her to state prison. He allowed her to keep her driver’s license so she could continue to drive in her job so she could support her family.

A Holley resident who violated his probation was sentenced to 1 to 3 years in state prison.

Joseph Koneski, 49, was previously sentenced for driving while intoxicated in Ontario County. He violated his probation by drinking alcohol, using drugs and leaving the jurisdiction without notification.

Judge Punch said Koneski has six prior arrests for DWI or driving while impaired.

“It’s almost unbelievable you got the sentence you got in Ontario County,” Punch said about the probation sentence, given Koneski’s history.

Punch revoked Koneski’s probation and sent him to prison.

“You are a danger to the people on the highways,” the judge said.

ALBION – A Yates man pleaded not guilty today when he was arraigned in Orleans County Court on fourth-degree criminal possession of stolen property.

Michael P. Silversmith, 57, of Marshall Road was arrested in August after a search of his home by law enforcement agencies. The Orleans County Major Felony Crime Task Force said that some of the property, including a Cub Cadet LTX-1042 KW riding lawn mower and Mercury 9.9 HP outboard boat motor, were stolen from Niagara County.

Silversmith remains free on $25,000 bail.

In another case, Judge James Punch determined a Brockport man is a level 1 sex offender, the least likely to reoffend.

Mitchell Mensing, 30, of Brockport served time in prison after pleading guilty in June 2011 to knowingly possessing child pornography.

He allegedly possessed in excess of 600 images of child pornography which were found on two computers he owned.

During a risk assessment hearing this afternoon, Mensing said he is undergoing counseling. He also has a full-time job and is married.

Judge Punch said he couldn’t give Mensing a higher rating based on the scoring system set by the state.

“You have a very serious problem and the most important thing is that you deal with it,” Punch told Mensing. “Children are victimized for a profit and you are an accomplice.”

Punch told Mensing to never view child pornography again.

“If you have to take a sledgehammer to your computer, then do it,” Punch said.

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 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 – 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 – 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.