county court

Albion man with long criminal history gets 10 years in prison

By Tom Rivers, Editor Posted 12 January 2015 at 12:00 am

ALBION – An Albion man with a criminal history dating back nearly four decades was sentenced today to 10 years in state prison for several drug crimes.

Charles G. Ingram, 59, was arrested last April 1 along with 15 others following a six-month investigation into the sale and distribution of crack cocaine, heroin, prescription narcotics and marijuana in the village of Albion, the Orleans County Major Felony Crime Task Force reported then.

Ingram’s case went to trial and he was found guilty by a jury on Oct. 31. Today he was sentenced for two counts each of criminal sale and criminal possession of a controlled substance in the third degree, as well as one count of criminal possession of a controlled substance in the seventh degree.

Charles Ingram

His attorney Kevin McKain said Ingram’s more recent crimes included “minuscule sales, very small sales” with Ingram acting as the middle man.

“He certainly was not profiting greatly from these sales,” McKain said during sentencing this afternoon.

Ingram has a long history of crack cocaine use and alcohol abuse, and has used his criminal actions to pay for his addictions, McKain said.

Ingram also suffers from diabetes and had his left leg amputated since he was jailed last April.

District Attorney Joe Cardone said Ingram has a lengthy criminal history since 1975, with repeated convictions for narcotics sales.

Ingram has served four prison terms since 1975, adding up to 32 years behind bars.
When he was most recently arrested, he was living at 175 North Main St., Room No. 20.

County Court Judge James Punch gave Ingram 10 years in state prison.

“You’ve been profiting from these sales for a long time,” the judge told Ingram at sentencing. “You’ve been doing this type of thing and other crimes for decades.”

Former Medina student charged in threat is sentenced to 6 months in jail

By Tom Rivers, Editor Posted 12 January 2015 at 12:00 am

ALBION – An 18-year-old from Medina who sent threatening text messages last May, saying he would kill other students, was sentenced to six months in county jail today.

Mackenzie Barrett on Oct. 20 pleaded guilty today to making a terrorist threat, which carried a maximum of 2 1/3 to 7 years in state prison. As part of a plea deal, Barrett faced a maximum of one year in jail.

Orleans County Court Judge James Punch gave Barrett half of the maximum sentence as part of the plea. Punch said Barrett showed no signs of following through with the threat, which was sent in text messages to a friend.

Punch said Barrett has an “extremely limited criminal history.”

Barrett was suffering from depression, anxiety and was being bullied at school, his attorney Dominic Saraceno said during sentencing today.

“He did something incredibly stupid (by sending those threatening text messages),” Saraceno said.

Barrett has been in jail the past eight months. He was free to go today, but first had to report to Probation. He will be on Probation the next five years. Punch told Barrett he is not to send any offensive electronic communications and won’t be permitted to possess weapons or ammunition.

The judge denied youthful offender status for Barrett, which would have sealed his record.

“I’m expecting you to deal with your problems,” the judge told Barrett. “If anything like this happens again, state prison is the only option.”

Barrett apologized for the threatening messages in May, and the panic that resulted in the community.

“I didn’t think of the consequences when I did it,” he said. “It was just spur of the moment.”

Barrett may have taken no steps to follow through with the threat, but Punch said the issue was serious, and was emotionally and financially costly to the community.

“We have to take threats seriously,” the judge said. “You can’t just sweep them under the rug.”

Man who had meth-making materials sentenced to prison

By Tom Rivers, Editor Posted 5 January 2015 at 12:00 am

ALBION – An Albion man was sentenced to three years in state prison today after he faced numerous charges after being arrested last Feb. 13.

That day Dennis Calkins, 35, allegedly jumped from a moving vehicle and fled police on foot. He was wanted on a parole warrant. Albion police and Orleans County Sheriff’s deputies found a backpack full of ingredients for making methamphetamine in the back seat of the car he was driving.

Calkins was charged with felony unlawful manufacturing or possession of meth or meth lab materials, and misdemeanor counts of obstruction of governmental administration and possession of a hypodermic instrument.

Calkins has a prior felony for driving while intoxicated. His “issues” stem from substance abuse problems, his attorney, Michael Manusia, told Judge James Punch during sentencing this afternoon.

Manusia requested a drug treatment program for Calkins in prison. Punch said he would leave that up to the state Department of Corrections.

“You have a very serious criminal history,” Punch told Calkins. “You intended to make methamphetamine, which is a very dangerous drug. I’d hate to see it get a toehold in our county along with all the other problems.”


In another case in county court today, a Gaines resident pleaded guilty to fourth-degree grand larceny and fifth-degree criminal possession of a controlled substance.

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

Tisdale admitted to two crimes in court today: stealing a Chevy van and selling the drug known as MDMA or ecstasy.

As part of a plea deal today, he won’t face more than two years in state prison when he is sentenced on March 9.

Alleged child rapist arraigned and jailed on $200K bail

By Tom Rivers, Editor Posted 5 January 2015 at 12:00 am

ALBION – A 28-year-old Brockport man was arraigned in Orleans County Court today on numerous counts of second-degree rape, second-degree criminal sexual act and other charges.

Matthew M. Edwards of West Ridge Road allegedly had 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.

“This defendant has a very strange and bizarre criminal record,” Assistant DA Susan Howard told Judge James Punch during arraignment today.

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.

Edwards appeared with assigned counsel, Nathan Pace of Medina, who entered not guilty pleas on behalf of Edwards. He will next appear in court on Feb. 2.

Punch said Edwards has multiple failures to appear in court before, as well as past misdemeanors and a prior felony.

The judge issued an order of protection for the alleged victim.

3 arraigned in county court

By Tom Rivers, Editor Posted 29 December 2014 at 12:00 am

ALBION – Three people were arraigned in Orleans County Court today with bail set for all three.

Robert Beedham, 52, of Albion is in jail on $100,000 bail after being charged with second-degree assault following a Dec. 24 incident at his apartment, 175 North Main St., No. 9.

Beedham allegedly was in a fight on Christmas Eve, an altercation that involved a knife. District Attorney Joe Cardone asked Judge James Punch to set “fairly significant bail” given that Beedham has three prior felonies.

Sanford Church, the public defender, said Beedham was acting in self defense on Dec. 24.

“The other fella pulled the knife first,” Church said during an afternoon court appearance today.


Robert Wright, 23, of Niagara Falls was arraigned on 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.

Wright is in Orleans County Jail on $50,000 bail.


Joseph Hagen, 31, of Lyndonville was arraigned on violation of probation. The judge set bail at $15,000 for Hagen.

2 will be registered as sex offenders

By Tom Rivers, Editor Posted 23 December 2014 at 12:00 am

ALBION – Two men currently in state prison will soon be released and will be registered as sex offenders. Orleans County Court Judge James Punch assigned the risk levels on Monday.

Jeffrey Elsenheimer, 34, was deemed a level 2 sex offender, a moderate risk of a repeat offense. Elsenheimer is a former Medina firefighter who admitted to a sexual relationship with two teen-age boys.

He is currently an inmate in the Mohawk Correctional Facility. His earliest release date is Jan. 23, 2015.

Elsenheimer was arrested in August 2012. An investigation by the Orleans County Major Felony Crime Task Force showed that Elsenheimer photographed sexual acts committed with the boys and had other nude photographs of the boys on his phone.

An Orleans County grand jury filed a 29-count indictment against Elsenheimer. He pleaded guilty to third-degree criminal sexual act.

He was sentenced to two years in state prison and had to surrender his EMT license.


Another man was deemed a more serious threat by Judge Punch. Robert C. Schwab, 27, was assessed as a level 3 offender, the highest possible.

Schwab allegedly had sex on multiple occasions with a 12-year-old girl. He pleaded guilty to first-degree attempted criminal sexual act and was given a maximum sentence of 4 years, 6 months in state prison.

His earliest release date is Feb. 1. He is currently at Groveland Correctional Facility.

Both Elsenheimer and Schwab will be listed in the state’s sex offender registry.

Judge sets bail for 2 jailed on drug charges

By Tom Rivers, Editor Posted 23 December 2014 at 12:00 am

ALBION – Orleans County Court Judge James Punch set bail for at least $100,000 for two people in jail on drug charges.

Bail was set at $100,000 for Vickie L. Hughes, 49, of 71 West Ave., Apt. 45 in Brockport. She was arrested on Dec. 3 and charged with two counts of criminal sale and criminal possession of a controlled substance in the third degree, 2 counts of CSCS in the fourth degree and four counts of CPCS in the fifth degree.

She was arraigned by Albion Town Justice Gary Moore on Dec. 3 and remanded to Orleans County Jail on no bail, due to a previous criminal history.


Judge Punch set bail at $200,000 for a Brockport man who was arrested on Friday and charged with five counts of criminal sale of a controlled substance in the third degree.

Jesus M. Vargas, 35, of 18 North Main St., Apt. 111, is likely to be charged with additional drug crimes, the Orleans County Major Felony Crime Task Force reported.

Vargas was arraigned on Friday in the Town of Murray Court by the Judge Gary Passarell. Vargas was committed to Orleans County Jail without bail due to his previous criminal history.

3 sentenced to jail or prison for drug crimes

By Tom Rivers, Editor Posted 22 December 2014 at 12:00 am

ALBION – Three people were sentenced in Orleans County Court today for drug crimes. All three will spend time in either county jail or state prison.

Stephen W. Miles, 51, received the stiffest sentence of 2 years in state prison. Miles admitted in September he had a prescription narcotic, tramadol, and intended to sell it on March 26 from his room in Albion at 175 North Main St., Room No. 12.

He pleaded guilty to criminal possession of a controlled substance in the 5th degree. He faced a maximum sentence to 2 ½ years in state prison. His attorney, Brian Degnan, said Miles was taken advantage of others in the drug crime, by preying on his low intellect and addictions. Miles was one of 16 people arrested in a April 1 drug raid by local law enforcement.

Miles has committed “a slew of petty larcenies and misdemeanors” in recent years, but has avoided “serious trouble” since the 1980s, his attorney said.

Miles said he has long struggled with drug addiction. He asked County Court Judge James Punch to make sure the sentence includes drug treatment.

“If you do that you’ll probably save my life,” Miles said.

Three of his friends have recently died from drug addictions, Miles said.

Punch said Miles has “a long and consistent criminal history” and has had opportunities for drug treatment. Because Miles admitted his crime, Punch didn’t give him the maximum sentence.

He said Miles and others that sell drugs cause many ruined lives in the community.

“You don’t know who survives and who doesn’t when you sell drugs,” Punch said.

Miles was also ordered to pay $45 in restitution, the cost of the drug buy by law enforcement.


In other sentencings today:

A Medina woman was sentenced to 1 ½ years in state prison for criminal possession of controlled substance in the 5th degree.

Debra Unell, 52, of Orient Street in Medina admitted in court to trying to sell cocaine. Unell was charged after she allegedly sold cocaine on three occasions between Oct. 3, 2013 and Dec. 11, 2013.

Unell apologized for her actions. Her attorney Nathan Pace said she has health and substance abuse issues. Until her arrests in 2013, she had not committed any crimes for 15 years, Pace told the judge.

Punch said Unell “has a very substantial criminal history” and hasn’t cooperated with agencies trying to help her. Besides the state priosn sentence, Unell was ordered to pay $334 in restitution for the drug buys from law enforcement.

A former Albion resident was sentenced to four months of intermittent jail time, plus five years probation.


Melissa A. Warren, 28, is a first time offender. She admitted she possessed cocaine on March 5 with the intent to sell it.

The former Albion resident now lives in Batavia. She pleaded guilty to CPCS in the fifth degree, which carries a maximum sentence of up to 2 ½ years in state prison.

She apologized to the community, her family and her young son for her crime.

Warren works nearly full-time and the judge said she needs to continue gainful employment. She is to report to the county jail on Monday mornings and will stay until 9 p.m. on Tuesdays for the next four months. She also was ordered to pay $40 restitution.

Medina man accused of burglary allegedly threatened witness in court

By Tom Rivers, Editor Posted 17 December 2014 at 12:00 am

2 others arraigned for crimes at County Court

ALBION – A Medina man who has been in jail on $125,000 bail for allegedly being part of a burglary now faces an additional charge of intimidating a witness.

Jason Wills, 28, of Church Street in Medina was arraigned on the new charge on Monday in front of Orleans County Court Judge James Punch.

Wills is one of four people who have been charged with breaking into a house in Albion on East State Street on May 19. The defendants allegedly also caused property damage and attacked one of the residents, according to the District Attorney’s Office.

One of the accused, Stormy Osby, 18, of Medina pleaded guilty. In court, she said Wills was involved in the break-in. Wills was in court at the time and allegedly threatened Osby.

Wills already faced charges of second-degree burglary, criminal mischief in the fourth degree and four counts of endangering the welfare of a child for the alleged crime.

His attorney Zachary Mauer asked Punch to reduce bail from $125,000 on Monday. Mauer said Wills never entered the house during the burglary. Wills is also a life-long resident who has always appeared for his court dates, Mauer said.

Given the additional charge, Punch said he would keep bail at $125,000. The judge said he would likely have to recuse himself from the intimidation charge because the crime allegedly happened in the courtroom in front of Punch. The judge said he didn’t hear Wills make the alleged threat.


In other cases:

A Byron man was arraigned for second-degree assault after allegedly striking a victim in the head with a bottle on Sept. 14 in the Town of Murray.

Gregory Vogt, 27, of Cook Road was given a day to post $1,500 bail or else report to the jail.

“This was a completely unprovoked attack on the victim,” said Assistant District Attorney Susan Howard.

The judge issued an order of protection for the victim in the case.

Phillip Barsonti was arraigned for violating his Probation after allegedly pushing and shoving someone in the Town of Barre on Nov. 11.

Barsonti, 33, no address available, was charged with second-degree harassment and second-degree criminal contempt. The judge increased Barsonti’s bail from $500 set in the Barre court to $2,500.

2 plead guilty and could be sentenced to state prison

By Tom Rivers, Editor Posted 15 December 2014 at 12:00 am

ALBION – Two people pleaded guilty to crimes today and both could be sentenced to state prison by Orleans County Court Judge James Punch.

Richard Wheeler, 45, of Lockport pleaded guilty to grand larceny in the fourth degree. He could be sentenced to 2 to 4 years in state prison on Feb. 23.

He admitted he took checks from a local farmer, forged signatures and cashed them. As part of a plea today, 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 means Judge Punch will have to sentence Wheeler to at least half of the maximum sentence, the judge said.

Punch on Jan. 1 set bail at $200,000 for Wheeler, who remains in the county jail.


In another case, an 18-year-old woman from Albion pleaded guilty to attempted burglary in the second degree, a crime that carries a maximum of 4 years in state prison.

Makaylee Maxwell of East Academy Street could receive a lesser sentence and be given youthful offender status when she is sentenced on Feb. 23. YO status would seal the crime from her record.

She admitted in court today she was part of a burglary in the Village of Albion on Aug. 18. Three others also were allegedly part of the crime. One of the alleged participants broke many antiques at the home on West Park Street.

Maxwell admitted to the judge she entered the house without permission and also took a DVD player and sold it at a pawn shop.

2 appear in county court on felony DWI charges

By Tom Rivers, Editor Posted 9 December 2014 at 12:00 am

ALBION – Two Orleans County residents appeared in county court on Monday for felony driving while intoxicated charges.

Norman Bloom Sr., 48, of 424 East Center St. in Medina appeared in court for DWI and leaving the scene of an accident on Nov. 8. Bloom allegedly left the parking lot at O’Brien’s in Medina and struck a parked car, and then drove away, according to the District Attorney’s Office.

Bloom refused a breath test at the scene. Judge James Punch set bail for Bloom, who is in the county jail, at $35,000.

Joshua J. Fisher, 25, of 4 North St., Albion, was arraigned for DWI. He was stopped by police in Albion on Nov. 9 and allegedly had a blood alcohol content of 0.16 percent, twice the legal limit.

Fisher pleaded not guilty in court on Monday. Bloom declined the public defender and said he would hire his own attorney. He will be fully arraigned in a future court date when he has his attorney.

2 plead guilty to crimes and could be sentenced to state prison

By Tom Rivers, Editor Posted 8 December 2014 at 12:00 am

ALBION – An Albion woman pleaded guilty to attempted arson in the second degree, a charge that carries a possible sentence of 3 ½ to 15 years in state prison.

Crystal McGuire, 22, of West Lee Road admitted in court today she set a fire inside the dryer of a house on Beaver Street on Aug. 16, 2013. She told Orleans County Court Judge James Punch she knew there was at least one person inside when she started the fire.

She was charged with second-degree arson and fourth-degree criminal mischief. She pleaded guilty to a lesser charge today and will avoid a trial.

Her attorney considered a possible defense that she was too intoxicated at the time of the crime, but that wasn’t found to be a sufficient defense.

“Were you so drunk that night that you didn’t know what you were doing?” Punch asked her in court today.

“No,” McGuire responded, saying she was aware of her actions.

She was also examined by a psychiatrist who found she did not have a mental disease or defect.

She will be sentenced on Feb. 15.


In another case in court today, a Holley resident pleaded guilty to second-degree vehicular assault and driving while ability impaired in the fourth degree.

William O. Kuyal, 54, faces a possible punishment of 1 1/3 to 4 years in state prison when he is sentenced on March 2.

He was arrested on June 18 after a car accident on Route 237 and Powerline Road in the town of Clarendon. Kuyal allegedly drove through a stop sign while going westbound on Powerline Road, crossing into Route 237. Kuyal and three other people were injured in the crash.

Kuyal has an extensive criminal record with 25 prior arrests and 13 convictions, according to the District Attorney’s Office.

Teen who allegedly stole guns among several arraigned in county court

By Tom Rivers, Editor Posted 1 December 2014 at 12:00 am

ALBION – An Albion teen who allegedly broke into a village house and stole two guns with ammunition was arraigned in Orleans County Court on Monday.

Allan D. Walls, 16, of 428 East State St. was charged in October in connection to the burglary of the firearms, which were recovered, Albion police reported then.

Walls was arraigned for second-degree burglary, fourth-degree grand larceny, fourth-degree criminal possession of stolen property and fourth-degree criminal mischief.

Walls pleaded not guilty to the charges. He has been free on $5,000 bail. Orleans County Court Judge James Punch said he would keep the bail at $5,000.

Walls allegedly broke into a home on East State Street, gaining entry through a rear window. He allegedly threw a rock to break out the glass. Police say he stole two rifles – an AK-47 and a Ruger 10-22 – with ammunition.

He is to next appear in court on Dec. 15.


In other cases, Judge Punch arraigned the following:

Richard Wheeler, 45, of Lockport for one count of third-degree grand larceny, 16 counts of second-degree forgery and 16 counts of second-degree criminal possession of a forged instrument.

Wheeler allegedly took checks belonging to someone else and gave them to other people for cash. He has a prior criminal record as a persistent felon, District Attorney Joe Cardone said.

Punch set bail at $200,000 for Wheeler, who is in the county jail.

Wheeler pleaded not guilty and will next appear in court on Dec. 15.

Corey Baerman, 18, of South Liberty Street in Albion and Makaylee Maxwell, 18, of East Academy Street were arraigned. They allegedly were part of a burglary in the Village of Albion on Aug. 18. Two others also were allegedly part of the crime, but they haven’t been arrested yet.

Cardone said the four people allegedly broke into a house, stole multiple items and “caused a great deal of damage to the residence.”

Maxwell and Baerman were arraigned on second-degree burglary, petty larceny, fourth-degree criminal mischief and fifth-degree criminal possession of stolen property.

The judge set $2,500 bail for Maxwell, who has no prior criminal history, and $10,000 for Baerman, who Cardone said has a prior larceny charge.

Maxwell and Baerman both pleaded not guilty to the charges. They are to next appear in court on Dec. 15.

Carlton woman sentenced to 3 ½ years in prison

By Tom Rivers, Editor Posted 1 December 2014 at 12:00 am

ALBION – A Carlton woman was sentenced today to 3 ½ years in state prison for a drug crime.

Cheryl A. Poole, 51, of Carlton pleaded guilty to criminal possession of a controlled substance in the fifth degree. She admitted in court on Sept. 22 that she had prescription medication that was a controlled substance. She said she sold it from her home on March 13.

She is a second felony offender with a driving while intoxicated offense in July 2012. Orleans County Court Judge James Punch said Poole has accumulated numerous arrests over 30 years.

Poole and her attorney Larry Koss asked for leniency, saying Poole would benefit from drug and alcohol counseling.

“I am really remorseful about everything that has happened,” Poole told the judge.

As a second felony offender she faced a maximum of 1 ½ to 4 years in state prison. The judge gave her close to the maximum.

“It’s not just drugs and alcohol,” Punch told Poole during sentencing. “It’s morality, self-centeredness and violating the rights of others for your entire adult life.”

She was also ordered to pay $60 in restitution to the Orleans County Major Felony Crime Task. If Poole paid the $60 today, she would avoid a $325 surcharge, but Poole said she didn’t have the $60.

Punch said she would have to pay the $60, plus $325 while she is in prison.

Batavia man gets prison sentence for Walmart burglary

By Tom Rivers, Editor Posted 24 November 2014 at 12:00 am

ALBION – A Batavia man with a heroin addiction was sentenced to 1 to 3 years in state prison today.

Jason Lang, 33, of Liberty Street in Batavia pleaded guilty to attempted burglary in the third degree during an August court appearance. He faced a maximum of 1 1/3 to 4 years in state prison. Orleans County Court Judge James Punch gave Lang 1 to 3 years.

Lang admitted to stealing two coffee machines and a blender from the Albion store on Nov. 20, 2013. Because he was banned from Wal-Mart, he was charged with burglary.

His attorney, Nathan Pace, said Lang was a law-abiding citizen with only a misdemeanor until he became addicted to heroin in 2012. Since then he has been arrested 19 times.

“Obviously for the future of his life he has to get this dealt with,” Pace said about the heroin addiction.

Lang faces additional charges in Genesee County. Judge Punch didn’t give him the maximum sentence because he said Lang is not a second felony offender.

The judge urged Lang to battle the drug addiction.

“You have to get a backbone and fight this or else you’ll spend the rest of your life in jail,” Punch said.


In other cases:

Freddie Taylor, 45, of Mount Read Boulevard in Rochester was sentenced to 1 ½ years in state prison, with a chance for attending the Willard Drug Treatment Center in Romulus. That center is a specialized state prison in Seneca County that treats drug-addicted convicts.

Taylor pleaded guilty to criminal possession of controlled substance in the fifth degree. He was arrested on April 1 on several drug charges. He admitted he had cocaine in Albion on Feb. 3.

Taylor has been receiving mental health and drug addiction services.

“You’ve been in a lot of programs but nothing has really worked to keep you from this stuff,” Punch said. “I hope you can get this straightened out because I think you have some potential.”


An Albion man pleaded guilty to driving while intoxicated and could be sentenced to up to a year in the county jail on March 2.

James J. Bartosik, 46, of Albion was charged with felony DWI on Sept. 12 in the village. He has a prior DWI.