Brockport man charged with felony sex crimes; Medina woman accused of drug charges

ALBION – Two people facing numerous felony charges rejected plea offers this week and will go to trial this summer in Orleans County Court.

A 28-year-old Brockport man faces numerous counts of second-degree rape, second-degree criminal sexual act and other charges. Matthew M. Edwards of West Ridge Road was arraigned in Orleans County Court on Jan. 5.

He is accused of having sex with a 13-year-old girl in the Village of Holley between July 4 and Aug. 30. Edwards also allegedly provided the girl with drugs and alcohol, according to the District Attorney’s Office. He is in Orleans County Jail on $200,000 bail.

Edwards faces 20 counts of second-degree rape, 14 counts of criminal sexual act in the second degree, five counts of unlawful dealing with a child in the first degree and one count of endangering the welfare of a child.

He will go to trial on Aug. 26.

In another case, a Medina woman will go to trial beginning on July 15.

Erika H. Poole, 34, of Church Street faces three counts of criminal possession of a controlled substance in the third degree and one count of criminal possession of marijuana in the second degree.

Poole was arrested in February 2014 for three of the drug charges. Her husband, Brenton Poole, also was arrested on Feb. 12, 2014. He was sentenced to five years in state prison last June for attempted criminal possession of a controlled substance in the third degree.

Mrs. Poole was arrested again on July 18 for allegedly possessing cocaine.

ALBION – Three people were arraigned in Orleans County Court on Monday for crimes that included driving while intoxicated, drug sales and offering a false instrument.

An Albion woman, 71, was charged with filing a false instrument after allegedly putting false information on her pistol permit application.

Elsie Biaselli of East State Street was remanded to county jail on $5,000 bail. She is currently on probation and has pending welfare fraud charges, District Attorney Joe Cardone said.

Biaselli has a prior conviction of promoting prison contraband for allegedly smuggling illegal drugs in to inside Attica Correctional Facility, where her grandson was an inmate. Biaselli was sentenced to five years on probation in 2013.

She could face up to four years in prison for offering a false instrument.

A Hamlin man was arraigned on four counts of criminal sale of a controlled substance in the third degree.

Joel E. Johnson, 31, of Fox Hollow Street was arrested in March following a three-month investigation into the sale and distribution of cocaine in Orleans County and the Town of Hamlin, the Orleans County Major Felony Task Force reported on March 6.

Law enforcement agencies executed a search warrant at Johnson’s residence and seized over 20 grams of cocaine, a quantity of prescription hydrocodone pills, over $1,100 in cash, and scales, packaging and other drug paraphernalia. He is in jail on $5,000 bail.

Jeremy Smith, 30, of Lydun Drive in Albion was arraigned for DWI and aggravated unlicensed operation of a motor vehicle.

Smith has a prior felony DWI in 2006 and a prior misdemeanor DWI in 2002, Cardone said.

Smith has posted $5,000 bail.

ALBION – Two Albion residents pleaded guilty to drug crimes today in Orleans County Court and could be sentenced to state prison.

Leeanne Krull, 45, of 35 N. Main St. admitted in court today to having hydrocodone in Medina. She told Judge James Punch she sold it one time on April 22.

She pleaded guilty to criminal possession of a controlled substance in the fifth degree, which usually carries a maximum sentence of 2 ½ years in state prison. Because Krull has a prior felony, the maximum will be 4 years in state prison.

She will be sentenced on July 27. She is currently in the county jail on $5,000 bail.

John B. Lang, Jr., 56, of 175 North Main St., Apt. 16, also pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Lang admitted he had hydrocodone on Sept. 9 and made one sale. He has no prior felonies and faces a maximum of 2 ½ years in state prison when he is sentenced on July 27.

Lang has been in the county jail on $75,000 bail. Judge Punch agreed to reduce the bail today to $25,000.

ALBION – A Rochester man who was charged with driving while intoxicated in October in Murray allegedly stole the ID from a man in a homeless shelter in Rochester.

Jeffrey Houghtaling, 49, was arraigned in Orleans County Court on numerous charges today. In addition to DWI, he was arraigned for driving with Blood Alcohol Content above 0.8 percent, aggravated unlicensed operation of a motor vehicle in the first degree, forgery in the second degree, offering a false instrument in the first degree and criminal impersonation in the second degree.

Houghtaling was in a homeless shelter in Monroe County when he allegedly stole the identification from a person there.

Houghtaling then allegedly drove to North Carolina with the other person’s documents, District Attorney Joe Cardone told Judge James Punch in court today during Houghtaling’s arraignment.

Houghtaling has at least four prior felony DWIs, two prior misdemeanor DWIs, and possibly other charges, Cardone said.

Houghtaling was arrested in Murray on Oct. 25 when he was driving with another person’s ID.

Houghtaling currently is in the county jail. Judge Punch set bail at $100,000. The judge noted Houghtaling has four prior instances of failing to appear for court dates.

“That’s quite a series of problems,” Punch said after reviewing Houghtaling’s criminal history.

ALBION – A Holley man admitted in court today that he broke into a Holley residence on Nov. 12, 2014, and stole items with the intention of selling them to a pawn store so he could buy heroin.

Christopher D. Helsdon, 25, pleaded guilty to third degree burglary, a charge that could carry a maximum 2 1/3 to 7 years in state prison.

Helsdon said he was on heroin when he entered an unlocked Holley house in November. Although under the influence of the drug, Helsdon said he was aware of what he was doing.

“My intent was to get something to take to buy my heroin,” Helsdon said in court today.

Helsdon will be sentenced on July 20. He is in Orleans County Jail on $30,000 bail.

In other cases in County Court today:

A Rochester woman, Lakusha McMorris, 35, admitted her involvement into the sale and distribution of crack cocaine from the City of Rochester to Medina.

McMorris was arrested on Jan. 27. She admitted in court on May 4 that she delivered drugs on three occasions for Keith Toney, who arranged the deals by phone from Rochester.

Toney last week pleaded guilty to third-degree attempted criminal sale of a controlled substance. He pleaded guilty specifically to arranging for a cocaine sale at the Wal-Mart parking lot in Brockport on Aug. 27, 2014. Toney, 36, of Rochester faces up to 5 years in state prison as a second felony offender.

He made the deal with an informant from Orleans County, which is why the case is being handled in Orleans County. Brockport is located in neighboring Monroe County.

However, there were questions about jurisdiction for McMorris because she didn’t initiate the sales with the Brockport delivery.

After reviewing case law, Orleans County Court Judge James Punch said McMorris can be tried in Orleans County, where the informant originated from.

McMorris pleaded guilty to attempted criminal sale of a controlled substance in the third degree. She will be sentenced on Aug. 17.

Mark Gregori, formerly of Elba but now of Orleans County, was sentenced to a year in state prison for violating probation.

Gregori, 52, admitted he has struggled to overcome drinking and drug problems. He asked that he be sentenced to a halfway house.

“He has a demon he cannot overcome by himself,” his attorney Matt Becker told Judge Punch.

Punch said Gregori has been on probation three times without success.

A Lockport woman also pleaded guilty to drug charges today. Katrina Drake has been accepted into the Drug Court program. If she completes the program, the felony charges of fifth-degree criminal possession of a controlled substance will be dismissed and she will instead face a misdemeanor charge of criminal possession of controlled substance in the seventh degree.

Drake, 24, was arrested in December after selling and distributing prescription narcotics in Albion. She admitted in court today she was selling hydrocodone pills.

If Drake is unsuccessful in Drug Court, she could be sentenced to up to 2 ½ years in state prison.

ALBION – Several people pleaded guilty in Orleans County Court on Monday, and they could face time in jail or prison.

Amanda L. Major, 24, of Medina admitted she had cocaine with the intent to sell it at her residence on Starr Street in Medina on Jan. 14. She pleaded guilty to criminal possession of a controlled substance in the fifth degree, a charge that carries a maximum of 2 ½ years in state prison.

As part of a plea deal, Major would avoid state prison and be sentenced to up to a year in county jail. If Judge James Punch decides on state prison for Major, she can reject the plea deal and go to trial.

Major, a first-time offender, will be sentenced on July 13.

In other cases in County Court:

Three people that were arraigned in March on fourth-degree criminal possession of a controlled substance pleaded guilty to reduced charges and will enter Drug Court. If they can pass Drug Court – staying off drugs and not committing additional crimes – their felony charge will be dismissed and they will instead have a misdemeanor drug charge with no jail time.

Nathan L. Parsad, 24, of Williamson, 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.

The three all told Judge Punch they knew there were drugs in the car and that they intended to use the drugs.

They pleaded guilty to criminal possession of a controlled substance in the fifth and seventh degrees. If they pass Drug Court, the fifth-degree charge will be dismissed.

An Albion teen admitted he entered a house on West Park Street without permission and stole from the owner on Aug. 18.

Corey Baerman, 18, faced a charge of second-degree burglary, which carries a maximum of 15 years in state prison. But in a plea agreement, he pleaded guilty to attempted second-degree burglary which carries a maximum of 1 1/3 to 4 years in state prison if he is granted youthful offender status by Judge Punch.

If Baerman is not given youthful offender status, he would face a maximum of 2 to 7 years in state prison for attempted second-degree burglary. If the judge decides against youthful offender status for Baerman, he can reject the plea and go to trial.

Baerman said the house was unlocked when he went inside.

“Did you go into the house with the intent to steal something?” Punch asked Baerman.

“Yes, sir,” he answered.

Baerman will be sentenced on July 13.

A Holley woman admitted she violated her probation by driving a vehicle without a license, drinking alcohol, driving without an interlock ignition device, and missing several probation appointments.

Dana Hubler will be sentenced on June 1 and could face up to 4 years in state prison.

ALBION – A Lockport man who pleaded guilty to grand larceny in December was sentenced today in Orleans County Court to 2 to 4 years in state prison.

Richard Wheeler, 45, admitted in a previous court appearance that he took checks from a local farmer, forged signatures and cashed them. As part of a plea deal, he was ordered to pay $4,971 in restitution. Wheeler worked for the victim in the crime, according to the District Attorney’s Office.

Wheeler has a prior driving while intoxicated conviction, making him a second felony offender. That required Judge James Punch to sentence Wheeler to at least half of the maximum sentence, the judge said.

ALBION – A Rochester man could face up to 5 years in state prison after he admitted in Orleans County Court today that he sold cocaine.

Keith Toney, 36, of Rochester faces up to 5 years in state prison as a second felony offender.

Toney and a Rochester woman Lakusha McMorris, 35, both were arrested on Jan. 27 following a six-month investigation into the sale and distribution of crack cocaine from the City of Rochester to Medina.

Toney admitted in court today he arranged the transactions by phone and McMorris said she was the delivery person on three occasions. Toney was charged in January with nine counts of criminal sale of controlled substance in the third degree.

Toney pleaded guilty today to third-degree attempted criminal sale of a controlled substance. He pleaded guilty specifically to arranging for a cocaine sale at the Wal-Mart parking lot in Brockport on Aug. 27, 2014.

He made the deal with an informant from Orleans County, which is why the case is being handled in Orleans County Court. Brockport is located in neighboring Monroe County.

Judge James Punch wanted another week to study the case law regarding whether McMorris’s crime should be handled in Orleans County. She said she didn’t make the phone calls or have contact in Orleans County with the drug buyers. She said she was delivering the drug for Toney.

District Attorney Joe Cardone said case law supports McMorris being tried in Orleans County as an accomplice to the sales arranged by Toney.

“We’ll check the jurisdictional aspect,” Punch said. “It’s an unusual case.”

McMorris, a first time felony offender, is due back in court on May 11.

Toney will be sentenced on Aug. 17.

ALBION – Four people pleaded guilty to crimes in Orleans County and could face time in state prison or county jail when they are sentenced.

A Medina resident could spend up to five years in state prison for selling cocaine in Medina. Andre D. Shine, 31, of Starr Street, admitted in court on Monday that he sold cocaine on Jan. 25.

He pleaded guilty to attempted criminal possession of a controlled substance in the third degree. As a second felony offender, the charge would normally carry an 8-year maximum in state prison. As part of a plea deal, Shine would face no more than 5 years. If Judge James Punch says Shine should get more than 5 years in prison, Shine can reject the plea offer and go to trial.

Shine has been in jail on $150,000 bail since January. His attorney, Nathan Pace, asked that bail be lowered to $25,000. Punch reduced it instead to $75,000.

Shine will be sentenced on July 6.

In other cases:

Curtis Stipp, 23, of Countyline Road in Middleport pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence of 1 to 2 ½ years in state prison.

Stipp admitted he had “100-some” pills of oxycodone and intended to sell it on Nov. 22, 2013. He will be sentenced on July 20.

A resident of Miami, Florida, pleaded guilty to violating his probation and was sentenced to a year in the county jail.

Felix Darias, 52, admitted he went to another location without telling the Probation Department, which constitutes a substantial violation of probation.

In February 2012, he was arrested for allegedly possessing fraudulent credit cards and attempting to use them to purchase merchandise at the Wal-Mart in Albion.

Darias could have faced 2 1/3 to 7 years in state prison without the plea deal. Judge Punch gave Darias a year in the county jail, with the sentence to take effect immediately.

Lazaro Botello, 24, of Center Road in Kendall pleaded guilty to operating a vehicle under the influence of alcohol on Nov. 26 in Orleans County, when he had a Blood Alcohol Content of 0.21 percent, more than twice the legal limit.

Botello has a prior conviction of driving under the influence of alcohol in June 2012 in the Town of Sweden.

He could face a maximum of 1 1/3 to 4 years in state prison. But as a part of a plea deal, he will face no more than a year in the county jail, plus five years on Probation.

He will be sentenced on July 6.

ALBION – A Holley man who broke into an Albion house and stole guns was sentenced to six months in jail, with the sentence to start May 9, a day after he takes his college final exams.

Orleans County Court Judge James Punch on Monday gave Jacob Haundenshield, 24, the six months in jail despite a request from Haundenshield’s attorney, Michael O’Keefe, for probation and no jail time.

The victim of the crime, a 77-year-old man, asked the judge for leniency in sentencing Haundenshield.

“I’m 77 and my days are waning,” the man told the court during sentencing. “I want him to have a fresh start. He’s 24 and just starting out in life.”

The man said he has been affected by the crime. Some of the guns, which date back more than 50 years, haven’t been recovered.

“My personal space was violated,” he said.

Haundenshield apologized for his actions.

“I’m really sorry for everything that has happened,” he said.

Judge Punch said the crime of third-degree burglary warranted time in jail. Haundenshield will also be on probation for 5 years and must pay $7,609 in restitution.

“You see the effect it has on people,” Punch told Haundenshield about the crime. “Their sense of security is gone. This man worked hard for his property and you walk in and take it.”

After the sentencing, Haundenshield’s mother walked up to the man who was burglarized and hugged him.

ALBION – A grand jury has found an Orleans County deputy was justified in the fatal shooting of a Wyoming County man who led police on a high-speed chase and then opened fire on responding officers on March 21.

The grand jury this afternoon no-billed Deputy James DeFilipps, finding insufficient evidence that he committed a crime.

DeFilipps was shot twice in the abdomen by James Ellis, 44, of Wyoming. A bullet proof vest may have saved DeFilipps’s life. He suffered deep bruises and is recovering from his injuries.

Ellis was involved in a domestic disturbance prior to the shooting on March 21. He was at an ex-girlfriend’s house in Shelby. Her friends were concerned and called 911 at 2:46 a.m. to report the incident, saying that Ellis had a gun. Police discovered later it was a stolen handgun.

The Sheriff’s Department and State Police were given a vehicle and suspect description. The vehicle was observed eastbound on Route 31A in the Town of Albion. Officers were unable to maintain visual contact with the vehicle due to the suspect’s high rate of speed, Sheriff Scott Hess said at a news conference on March 21.

Responding officers located the vehicle on Route 31A in the Town of Clarendon. DeFilipps was on duty working in the east end of Orleans County.

After Ellis crashed his vehicle, striking a telephone pole, he fled to a wooded area with a .45 caliber handgun. He started firing at responding officers when they reached the scene, a dark stretch of Route 31A, Chief Deputy Tom Drennan said at the news conference on March 21.

The officers couldn’t see Ellis, but heard his gun shots and could tell the bullets were close, Drennan said.

Deputy DeFilipps took cover behind his patrol vehicle, then took further cover into a wooded area near the road. While proceeding to the wooded area, DeFilipps confronted Ellis a short distance away. Ellis shot the deputy twice in the abdomen. DeFilipps returned fire with his weapon, killing Ellis, Hess said.

“The whole thing lasted seconds,” Drennan said during the news conference.

The 23-member grand jury met on Thursday and reviewed the evidence in the case.

“The grand jury heard the evidence and decided not to charge Deputy DeFilipps,” District Attorney Joe Cardone said.

BUFFALO – An Albion man has been arrested for importing synthetic drugs, an alleged crime that carries a maximum penalty of 20 years in prison and a $1 million fine.

U.S. Attorney William J. Hochul, Jr. announced on Monday that Donald Stirk, 35, of Albion has been charged with possession with the intent to distribute and distribution of a Schedule I controlled substance, conspiracy to import and importing a Schedule I controlled substance, and smuggling.

Assistant U.S. Attorney Frank Pimentel, who is handling the case, stated that according to the complaint, on March 5, 2015, Customs and Border Protection officers in Memphis, Tenn., selected a package mailed from China to a “Donald Starks” in Albion, NY for routine inspection. 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.

The complaint further states that on March 13, 2015, law enforcement officers determined there was another package from China addressed to “Donald Starks” at the Albion Post Office. Further inspection revealed the package contained Alpha-PVP. As the investigation continued, law enforcement officers continued to identify more packages from China intended for the defendant.

On April 15, 2015, a search warrant was executed at Stirk’s residence on State Route 31 in Albion. According to the complaint, 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.

Following his arrest, the defendant made an initial appearance on April 17 before U.S. Magistrate Judge Hugh B. Scott and is being held pending a detention hearing on April 23.

The complaint is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.

ALBION – Three Orleans County residents were sentenced to state prison today by County Court Judge James Punch.

Dylan DiPilato, 26, of Holley was sentenced to 2 years in state prison and 2 years of post-release supervision.

In February, he admitted he was in a house uninvited on Sept. 21. Stolen items were in his backpack. He pleaded guilty to attempted burglary in the second degree.

His attorney, assistant public defender Dominic Saraceno, said DiPilato was in a car accident in 2007 and became addicted to pain killers, which led him to become addicted to heroin and alcohol.

Saraceno and DiPilato both requested an in-treatment program, rather than prison.

“I apologize to the homeowner, to the court system, to my family and to anybody involved by my negative actions,” DiPilato said at sentencing. “I want to say I’m extremely remorseful for what I’ve done.”

Judge Punch said having drug and alcohol problems doesn’t excuse someone from committing crimes. Punch said entering a home uninvited and sifting through their private possessions is a serious offense.

“People want to feel secure in their homes,” Punch said.

In other cases:

An Albion man was sentenced to 1 to 3 years in state prison after being arrested on Aug. 16 for third-degree and fourth-degree criminal possession of a weapon.

Matthew Mudge, 24, admitted in county court in January that he had a loaded .380 caliber automatic pistol on Aug. 16. He said he acquired the pistol at a gun show. Mudge did not have a pistol permit.

He was charged last August following investigation of a “suspicious person” complaint on Bass Road in the Town of Carlton. Mudge said he was lost in Carlton when he knocked on a door looking for directions. A deputy stopped him soon after and did a search, finding the pistol on Mudge.

Saraceno, Mudge’s attorney, said Mudge did not threaten anyone with the gun and he has been a model inmate in the jail.

Punch said Mudge has already accumulated “a fairly serious criminal history in a short period of time.” The judge said Mudge should have known he shouldn’t walk around with a loaded handgun.

An Albion teen was sentenced to 1 to 3 years in state prison for burglarizing an Albion house and stealing two rifles from the home in October.

The 17-year-old was given youthful offender status so Orleans Hub won’t include his name.

The teen faces additional charges for allegedly burglarizing another home on East State Street on March 10.

Today’s sentencing doesn’t include the March 10 crime where the teen faces additional charges of second-degree burglary, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree and petty larceny.

“I feel terrible about it,” the teen told Judge Punch during the sentencing about the October incident.

The judge declined to give the 17-year-old probation, given the recent arrest.

“I don’t think you have the kind of attitude I’m looking for,” Punch said.

An Albion man who was scheduled to be sentenced in November had the sentencing adjourned again, this time until Aug. 17 to give him more time to recover from injuries.

James Herring III, 24, of East State Street is accused of selling cocaine on May 22, 2013. He faces up to 2 ½ years in state prison. He has pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

Herring is in a wheelchair and can’t walk. He is continuing to receive treatment. He thanked the judge for delaying the sentencing so there is more time for recovery.

Albion teens face charges for alleged burglary, Lockport man on assault

ALBION – Three people facing criminal charges for alleged crimes in Orleans County were arraigned this afternoon in county court.

Markel Hill, 25, of Lockport was arraigned for second-degree assault. He was arrested by the Medina Police Department on Jan. 20.

Hill has been free on bail set in Shelby Town Court at $2,500. But County Court Judge James Punch said the $2,500 was “grossly inadequate” because Hill has allegedly committed previous assaults, failed to appear at court dates and also had probation revoked.

Punch set bail for Hill at $20,000.

In another case, two Albion teen-agers were arraigned on charges related to a burglary on East State Street on March 10.

Allen Walls, 17, already faced charges for burglarizing a house and stealing two rifles from the home in October. He now faces additional charges of second-degree burglary, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree and petty larceny. He remains in the county jail.

Lucas Porter, 16, also has been charged in the March 10 burglary. In addition to second-degree burglary, Porter was arraigned on two counts of criminal possession of stolen property in the fifth degree, second-degree criminal mischief, fourth-degree criminal mischief, and two counts of petty larceny.

He is in the county jail on $20,000 bail.

In another case, Judge Punch set the risk level for Marc McCabe as a Level 2 sex offender. McCabe’s attorney, Mark Young, said McCabe should be classified as a Level 1 offender, the lowest level.

However, Judge Punch said McCabe had 600 images of child pornography on his computer, including images of children under age 10, with some images showing “sadistic acts against children.”

Young said McCabe didn’t have direct contact with the children and shouldn’t have the higher risk level. McCabe, an Orleans County native, was living in Tempe, Arizona, when he was sentenced to six years in prison after federal investigators caught him sending child pornography to an undercover agent over the Internet.

“Because of the nature and number of the images, and his constant accessibility of the images I think he is a real danger to the community,” Punch said in assigning Level 2 status.

ALBION – A Gaines resident was sentenced to 1 ½ years in state prison on Monday for drug and grand larceny crimes.

Lee Q. Tisdale, 43, of 2822 Lattin Rd. was arrested last March following a six-month investigation into the sale and distribution of cocaine, ecstasy and methylone “bath salts” in Orleans County.

Tisdale admitted in County Court on Jan. 5 to stealing a Chevy van and selling the drug known as MDMA or ecstasy. He pleaded guilty to fourth-degree grand larceny and fifth-degree criminal possession of a controlled substance.

Judge James Punch sentenced Tisdale to a year in county jail for the grand larceny charge and 1 ½ years in state prison for the drug crime. He will serve the longer of the two sentences.

In two other cases in County Court, a man and woman from Medina both pleaded guilty to related drug crimes.

Both Steven J. Johnson, 35, and Tamara L. Butler, 37, have been accused of selling drugs between June and July.

Johnson pleaded guilty to attempted criminal sale of a controlled substance in the third degree and could face up to five years in state prison when he is sentenced on June 29.

Butler pleaded guilty to criminal possession of a controlled substance in the fifth degree and could be sentenced up to two years in state prison on June 29.