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.

Thomas Torpey allegedly tried to smuggle drugs into women’s prison at Albion

Thomas Torpey

ALBION – A Rochester man who was convicted of a mob-related murder in 1981 was in Orleans County Court this afternoon to be arraigned on drug charges and for promoting prison contraband.

Thomas Torpey, 68, of Rochester was arrested on Aug. 23 by State Police. He was arraigned today along with Ashley J. Sizemore, 31, who is an inmate at the Albion Correctional Facility.

Torpey is accused of bringing drugs to the prison for Sizemore, who is serving a 42-month sentence for an arson in February 2014 at the Spencerport residence of a former Irondequoit police officer.

Torpey said in court today he didn’t have a job or means of paying for an attorney so Judge James Punch assigned Nathan Pace as Torpey’s lawyer.

Torpey was arraigned on first-degree promoting prison contraband, tow counts of criminal possession of a controlled substance in the third degree, and one count of criminal possession of a controlled substance in the fifth degree.

The judge continued bail at $30,000, which was set in town court.

Torpey is a former bodyguard for a Mafia crime boss. He served 23 years in state prison and was released in 2008 from the Attica Correctional Facility.

Sizemore was arraigned on first-degree promoting prison contraband which, as a second felony offender, carries a maximum of 3 ½ to 7 years in prison.

The judge set bail at $30,000. A full arraignment for Sizemore will be completed at 2:30 p.m. on Tuesday when she has an assigned attorney.

ALBION – An Albion man who was released from state prison a year ago is going back after being sentenced to 3 to 6 years in prison today in Orleans County Court.

Henry Marling, 27, of Holley Road allegedly broke into Empire Trading on Bank Street on April 17 and stole items and damaged property.

Marling was arraigned on charges of third-degree burglary, third-degree grand larceny, fourth-degree criminal mischief, fifth-degree criminal possession of stolen property and unlawful possession of marijuana.

Marling apologized in court today for the crimes.

“This is not the life I want to live,” Marling told Judge James Punch.

Marling’s attorney Nathan Pace said his client had been drinking before the break-in.

“Every time he gets in trouble it’s been related to drugs and alcohol,” Pace told the judge.

Pace asked Punch for “any leniency you can show.”

Marling said he was aware he was committing the crimes back on April 17. He said going to prison wouldn’t make him a better person.

“I need help,” he told Judge Punch.

The judge said Marling has a history of violating other people’s rights and property.

“You’ve been offered help before and it didn’t work,” Punch said.

In addition to 3 to 6 years in state prison, Marling was ordered to pay $500 to Jeff Holler, owner of Empire Trading, and $2,353 to the Allegany Co-op Insurance Company, as well as a $325 court surcharge.

2 others plead guilty and could be sentenced to prison

ALBION – An Oakfield man was sentenced to 2 1/3 to 7 years in state prison today for a burglary in Barre last year.

Jeremy Lyons of Pearl Street pleaded guilty to third-degree burglary. Lyons, 30, admitted he broke into a house on Eagle Harbor Road in Barre on Aug. 10, 2014.

He said in a previous court appearance he was retrieving items that belonged to him. He took those items and also stole copper piping, he told County Court Judge James Punch.

As part of the sentencing today, Lyons will be required to pay $500 in restitution to the victim of the crime, plus another $18,695.25 to New York Mutual, an insurance company. That is to be paid in three years.

In other cases in County Court today:

A Rochester man admitted he sold cocaine from his car in Holley on March 6, 2015.

Roy L. Carter, 39, made the sale to an undercover officer, Assistant District Attorney Susan Howard told Judge Punch.

Carter pleaded guilty to attempted criminal sale of a controlled substance in the third degree. As part of a plea deal, he will face no more than 5 years in state prison when he is sentenced on Feb. 1.

An 18-year-old from Holley pleaded guilty to first-degree rape for having sex with his 10-year-old sister when he was 16. The man is eligible for youthful offender status, so Orleans Hub won’t list his name. If he is granted youthful offender, he also won’t be included on sex offender lists.

The man faces a maximum of 1 ½ to 4 years in state prison when he is sentenced on Nov. 30. He is in jail on $25,000 bail.

Xavier A. Lowry

ALBION – A Rochester man was driving a stolen 2010 Mercedes-Benz in Albion on Halloween when the plate reader system in an Albion patrol vehicle detected the stolen car on North Main Street, Albion Police Chief Roland Nenni said.

Officers originally lost sight of the vehicle because of heavy traffic conditions. The Mercedes-Benz was later located at 7:30 p.m. and stopped in the Crosby’s convenient store parking lot located at 204 South Main St.

The driver, Xavier A. Lowry, 24, of 104 Hobart St., Rochester was the sole occupant of the vehicle and taken into custody.

The vehicle was found to have been stolen from the City of Rochester several days before, Nenni said. The vehicle had a suspended registration and a quantity of marijuana was found inside the vehicle. Lowry is also suspected of operating the vehicle while impaired by drugs, Nenni said.

Lowry was charged with the following offenses: Criminal Possession of Stolen Property 4th Degree (E Felony), Operating a Motor Vehicle Impaired by Drugs (Misdemeanor), Operating a Motor Vehicle with Suspended Registration (Misdemeanor), and Unlawful Possession of Marijuana (Violation).

Lowry was arraigned in the Town of Murray Court and committed to the Orleans County Jail on $5,000 bail. He is to return to court on Nov. 4 at 9 a.m.

ALBION – A Medina man was arraigned in Orleans County Court today on second-degree assault, criminal possession of a weapon and endangering the welfare of a child.

Michael B. Collier Jr., 23, of East Oak Orchard Street allegedly stabbed Lucas Porter, 16, of Albion 10 times, Assistant District Attorney Susan Howard said. The alleged incident occurred on Oct. 24.

One of the wounds was close to Porter’s heart. He is recovering from the attack, Howard said.

Porter showed up bleeding at the Mark’s Pizzeria in Medina, and then received medical treatment.

Collier has a lengthy criminal history despite being only 23, Howard said in court today. He has two prior felonies, three misdemeanors, two parole revocations and a prior failure to appear in court.

Judge James Punch set bail at $100,000 for Collier, who is in Orleans County Jail.

ALBION – On Monday, a Williamson man showed up in court an hour late for his sentencing. Nathan L. Parsad, 24, struggled to stand up and keep his eyes open while in court.

Orleans County Court Judge James Punch delayed the sentencing for three days because Parsad was under the influence of drugs. Parsad admitted in court on Monday he had recently used heroin and another drug.

Today, Parsad spoke clearly and stood up straight during sentencing.

“I would like to apologize for the other day,” he told Judge Punch during sentencing.

Parsad’s attorney, Nathan Pace, said Parsad has struggled with drug addictions for several years, despite the support of a loving family.

Parsad was driving on Jan. 12 on Ridge Road in Gaines when he was in an accident. Parsad and two of his passengers – Caitlin E. Jones, 29, of Canandaigua and Eric L. Shirley, 28, of Canandaigua – all faced drug charges after police found drugs in the vehicle.

Parsad applied to be in the county’s Drug Court, which can result in reduced charges with successful completion of the program. But he was removed from Drug Court after testing positive for drug use.

He could have faced up to 2 ½ years in state prison for criminal possession of a controlled substance. As part of a plea deal, he was given a maximum of a year in jail.

Punch told Parsad his actions have an effect not only on him, but society. The judge said Parsad poses a danger to the community because he has a history of selling drugs, and operating vehicles under the influence of drugs.

“Frankly, you’re a mess,” the judge said. “Your condition here on Monday, that was really disturbing. I could see first-hand what cocaine and heroin can do to an otherwise healthy, intelligent person.”

Parsad declined probation, which could have required treatment. The judge said Parsad has rejected treatment.

“I hope you find redemption on your own,” Punch told Parsad when he was sentenced to jail.

ALBION – A Medina man who was unsuccessful in staying off drugs during Drug Court was sentenced today to 1 year in state prison.

Matthew J. Albone, 33, of Medina was charged in January 2014 with two counts of criminal sale of a controlled substance in the fourth degree and two counts of criminal possession of a controlled substance in the fifth degree.

He pleaded guilty on June 9, 2014 court to CPCS in the fifth degree and CPCS in the seventh degree. He admitted in court to selling prescription narcotics that were prescribed to him.

If he completed Drug Court the charge of CPCS in the 5th degree would have been dismissed. However, Albone continued to use drugs.

His attorney, Shirley Gorman, said he was successful for six months at a residential treatment program and another five months of supportive living. But he met somebody he knew from when he used drugs and that triggered a relapse, Gorman said in court today.

In one case he had to be revived after being found unconscious in a field in Rochester.

“It’s certainly a long difficult path that brought you here,” Orleans County Court Judge James Punch said during sentencing. “You’ve been provided numerous services and treatments. There are people who would give anything for the treatment you have rejected.”

In other cases today:

Kaylee M. Loiacono, 27, of Brockport admitted she sold cocaine from her home on Taylor Road on April 6, 2015.

She pleaded guilty to criminal possession of a controlled substance in the fifth degree. That charge normally carries a maximum of 2 ½ years in state prison. As part of a plea deal, she will face a maximum of six months in the county jail.

An Albion man rejected a plea offer that would have capped his state prison sentence to 4 years. Brandon A. Honore, 30, of East Park Street has been charged with 2 counts of criminal sale of a controlled substance in the 3rd degree, and 2 counts of criminal possession of a controlled substance in the 3rd degree (Class B felonies).

Honore and Loiacono were among 19 people arrested in July following a seven-month investigation into the sale and distribution of drugs in Orleans County.

Honore’s trial will begin Feb. 17.

Joseph Koneski, 49, of Holley was arraigned for violating his probation. He was previously sentenced for driving while intoxicated in Ontario County. He allegedly violating his probation by drinking alcohol, using drugs and leaving the jurisdiction without notification, Judge Punch said during arraignment today.

Koneski was remanded to jail on $2,000 bail.