Ridgeway woman also arraigned on welfare fraud

ALBION – An 18-year-old facing charges for burglary, criminal mischief and petty larceny was arraigned in Orleans County Court today and jailed on $25,000 bail.

Joseph Taylor, 18, of Shelby Center allegedly broke into a house in Albion on Long Bridge Road on Jan. 15. He also has been charged with several car break-ins in Albion, and has been charged with breaking into a church and damaging property.

Orleans County Court Judge James Punch arraigned Taylor this afternoon for second-degree burglary, third-degree burglary, five counts of petty larceny, two counts of criminal mischief in the fourth degree, and one count of criminal possession of stolen property.

The judge issued orders of protection for the victims in the crimes. Taylor also has prior charges of resisting arrest and criminal trespassing.

In other cases:

The judge arraigned a Ridgeway resident on charges of third-degree welfare fraud and first-degree offering a false instrument.

Kathy Mungenast, 51, of Ridgeway allegedly accepted $5,267 in welfare benefits she was not entitled to from July 1, 2012 to Nov. 30, 2013. She allegedly filed false paperwork to access those benefits, according to the District Attorney’s office.

A 17-year-old Albion boy, who was facing possibly 6 months in jail when he was to be sentenced on April 20, has been jailed without bail after he was arrested for another crime last week.

The 17-year-old already has pleaded guilty to attempted burglary in the second degree for the previous crime. The judge said he was willing to give the defendant youthful offender status. Because of that, Orleans Hub won’t publish the boy’s name.

He admitted he broke into a house on East State Street on Oct. 16, 2014, and took guns from the homeowner. Those guns were later recovered.

The boy was arrested again last Tuesday after another break-in on East State Street. The boy and a 16-year-old friend fled on foot and were caught by police.

The 17-year-old has been charged with second-degree burglary, criminal mischief, grand larceny, resisting arrest and unlawful possession of marijuana.

District Attorney Joe Cardone said the latest arrests may negate the plea deal for the previous crime. Judge Punch will consider the direction in the case. In the meantime, he is keeping the 17-year-old in jail without bail.

ALBION – Several people were arraigned in Orleans County Court on drug charges on Monday.

Jerry Walls, 45, of Brockport faces the most charges and has been jailed on $200,000 bail. Walls was arraigned by Judge James Punch on two counts of criminal possession of a controlled substance in the third degree, eight counts of CPCS in the fifth degree, two counts of criminal sale of a controlled substance in the third degree, and five counts of CSCS in the fourth degree.

Walls, a resident of 71 West Ave., Apt. 45, was arrested in December with two others following a five-month investigation into the sale and distribution of prescription narcotics in the Village of Albion, the Orleans County Major Felony Crime Task Force reported on Dec. 4.

Police seized hundreds of prescription morphine and Hydrocodone pills, which were obtained through Medicare and Medicaid programs. The Task Force worked with the Albion Police Department and Orleans County Sheriff’s Department in the investigation.

Vickie Hughes, 49, of 71 West Ave., Apt. 45 in Brockport, was arrested with Walls in December. She also was arraigned on multiple drug charges on Monday and bail was set at $25,000.

John B. Lang Jr., 56, of Albion also was part of the trio arrested in the alleged drug activity. Lang, of 175 North Main St., Apt. 16, was previously arraigned in county court. He remains in jail.

In other arraignments on Monday:

A Brockport resident, Jesus M. Vargas, 35, was arraigned on several drug charges and jailed on $200,000 bail.

Vargas was arrested in December following a three-month-investigation into the sale and distribution of cocaine and marijuana in Orleans County and the Village of Brockport, the Orleans County Major Felony Crime Task Force reported on Dec. 22.

Vargas was living at 18 North Main St., Apt. 111 – The Villager Apartments – when he was arrested. He was arraigned on four counts of third-degree criminal sale of a controlled substance.

Three people in a car accident on Jan. 12 on Ridge Road in Gaines were arraigned on fourth-degree criminal possession of a controlled substance.

In addition to that charge, Nathan L. Parsad, 24, of 5513 Gates Dr., Williamson, also was arraigned on driving while ability impaired by drugs.

Two passengers – Caitlin E. Jones, 29, of 3145 Hopkins Rd., Canandaigua; and Eric L. Shirley, 28, of 5253 Route 21 Canandaigua – also were arraigned in court.

Following the car accident, police found drugs in the vehicle, District Attorney Joe Cardone said on Monday.

The judge set bail at $5,000 each for all three.

All of the defendants arraigned on Monday pleaded not guilty to the charges.

ALBION – A Medina man was sentenced to state prison today by Orleans County Court Judge James Punch.

Rodrick S. Griffin, 31, of Eagle Street in Medina was sentenced to 1 ½ years in state prison plus two years of post-release supervision.

He was arrested last June on several drug possession and sale drug charges as well as criminal possession of a weapon in the fourth degree. He has been in jail since then with bail at $200,000.

Griffin admitted in court on Oct. 27 that he sold marijuana on May 20 and also had a .22-caliber revolver at his residence. He pleaded guilty to criminal sale of marijuana in the third degree and to criminal possession of a weapon in the fourth degree.

Griffin was charged after police say he sold 27 ounces of marijuana on West Avenue in Medina. The gun was discovered at his residence.

Judge Punch sentenced Griffin to one year in prison for the weapons charge, a sentence to be served at the same time as the drug charge.

Griffin has a prior felony. His attorney, Nathan Pace, said Griffin took responsibility and admitted his guilt with the latest crimes. Griffin is only a credit away from earning an associate’s degree, Pace said, asking the judge for leniency.

“You admitted guilt and that is worth something,” Punch said during the sentencing.

Griffin could have been sentenced to 2 years in prison.

ALBION – A former Albion woman admitted in Orleans County Court today she illegally sold prescription drugs last April.

Ivy E. Schell, 19, was living in Buffalo when she was charged with criminal sale of a controlled substance in the fourth degree and criminal possession of a controlled substance in the fifth degree.

She pleaded guilty today to criminal possession of a controlled substance in the fifth degree, and told the court she sold Hydrocodone and Acetaminophen in Albion last April.

The charge carries a maximum of 2 ½ years in state prison, but a plea deal today caps Schell’s sentence at a maximum of 1 year in state prison, plus a year of post-release supervision.

She will be sentenced on June 1.

In other cases:

Katherine Taylor, 25, of Main Street in Waterport pleaded guilty to criminal possession of a controlled substance in the fifth degree, a charge with a maximum of 2 ½ years in state prison.

Taylor admitted she sold cocaine. She has no prior felonies.

The judge said he would consider a plea deal with no jail time, but there would be other conditions. A sentencing date wasn’t set, but it will likely be in about three months.

Joel Hernandez, who has a prior driving while intoxicated charge in Albion, pleaded guilty to another DWI on Oct. 26, 2014 in Albion. He also admitted to driving without a license for aggravated unlicensed operation of a motor vehicle.

As part of a plea to DWI and AUO, Hernandez would be sentenced to no more than a year in jail and then be deported.

He will be sentenced May 11.

ALBION – Several people were arraigned in Orleans County Court on Monday for alleged drug crimes.

Andre D. Shine, 31, of Medina faces several counts and the highest bail of those arraigned. Shine and Amanda L. Major, 24, of Medina were both arrested on Jan. 22, 2015 following a 2-month-investigation into the sale and distribution of crack cocaine in the Village of Medina.

Shine was arraigned on three counts of criminal sale of a controlled substance in the third degree and three counts of criminal possession of a controlled substance in the third degree.

Orleans County Court Judge James Punch set bail at $150,000 for Shine, who has been in jail since the day of his arrest. He was living at 125 Starr St., lower apartment.

Major, also of 125 Starr St., lower apartment, was arraigned on Monday on one count each of criminal sale and criminal possession of a controlled substance in the third degree. Her bail was set at $10,000.

Two Rochester residents who were arrested on Jan. 27 for allegedly selling crack cocaine in the Village of Medina were arraigned in county court on Monday.

Keith A. Toney, 36, of 51 Mead St., Upper Apt., was arraigned on nine counts of CSCS in the third degree. The judge set bail at $20,000.

Lakusha McMorris, 35, of the same address, was arraigned on three counts of CSCS in the third degree. She remains free on $2,500 bail.

In other cases, Jacob Haundenshield, 23, of Holley was arraigned on third-degree burglary for allegedly breaking into a house on Gaines Basin Road in Albion in December 2012.

Gregory Farewell of Albion was arraigned for violating his conditional discharge by driving without an interlock ignition device, which measures Blood Alcohol Content.

Farewell has two prior convictions for driving while intoxicated, according to the District Attorney’s Office. He is in jail on $2,500 bail.

ALBION – A Batavia man was sentenced to 1 ½ years in state prison today for attempted rape in the second-degree.

Christopher Bucci, 35, of Batavia admitted he had sex with a 14-year-old girl on Dec. 28, 2013. He faced a maximum of 1 ½ to 4 years in state prison.

Orleans County Court Judge James Punch gave Bucci, who had no prior criminal record, 1 ½ years in prison. The judge said the crime could have a long-term impact on the victim, who was given an order of protection.

“The damage is rarely apparent right away,” Punch said during sentencing.

Bucci apologized to the victim.

“I am very remorseful for what I did,” Bucci said at sentencing. “I wish I could take it back but I know I can’t.”

Bucci’s attorney Nathan Pace asked for weekends in jail for Bucci, who has shown “complete remorse,” Pace said, more than any other client he’s worked with in 22 years with similar charges.

Punch said a weekend sentence “diminishes” the crime and long-term impact on the victim.

In another case, an Albion man was sentenced to a year in jail for driving while intoxicated.

James J. Bartosik, 46, of Albion was charged with felony DWI on Sept. 12 in the village. He has three prior convictions for DWI or driving while ability impaired, District Attorney Joe Cardone said.

Bartosik’s attorney Thomas Calandra asked that Bartosik be sentenced to weekends in jail so he could keep his job and be active with his son.

“He is a very good worker,” Calandra said. “But he has a very bad drinking problem.”

Bartosik apologized to the court and his friends and family for the DWI.

“I know I have a drinking problem,” he said at sentencing. “I’m trying to understand how to cope with things in the right way.”

Punch said Bartosik has been on Probation three times. The judge said he couldn’t in good conscience give Bartosik Probation and weekends in jail with a chance for a fifth DWI or DWAI.

Bartosik’s sentence also includes a three-year conditional discharge after jail. Bartosik also must use an interlock ignition device that measures his BAC.

ALBION – A Holley man with a criminal record dating back to 1976 was sentenced to state prison today after a June 18 car accident. That day William O. Kuyal 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 received a 1 1/3 to 4 year sentence in state prison for second-degree vehicular assault and a 1-year sentence for driving while ability impaired. The sentences will be served concurrently.

“You have a remarkably bad record,” Orleans County Court Judge James Punch told Kuyal during sentencing.

Kuyal has 25 prior arrests and 13 convictions. His attorney Kevin McKain agreed that Kuyal has a lengthy criminal history. However, McKain said Kuyal has no felony crimes since 1994, served as his mother’s caregiver and also bought a house.

“He was rehabilitating his life,” McKain said at sentencing.

Kuyal was driving with a Blood Alcohol Content of .06 percent. McKain said Kuyal likely fell asleep while driving and didn’t mean to cause any harm.

Kuyal apologized to the three victims injured in the accident, including his brother Dudley who nearly lost his life. Dudley C. Kuyal suffered multiple fractures and extensive injuries to his abdomen.

In the accident, Kuyal struck a vehicle driven by Julie M. Smith with passenger Sofia M. Smith. Julie M. Smith suffered a broken left wrist and Sofia M. Smith suffered a broken left ankle.

Kuyal is suffering from throat cancer. McKain read a statement written by Kuyal where he apologized to the three victims.

“I hope you can find it in your heart to forgive me,” Kuyal wrote.

In addition to the sentence to state prison, Kuyal will serve a three-year conditional discharge and must use an interlock ignition device when he drives. That device will measure his BAC.

ALBION – A woman who was involved in a burglary at an Albion home last summer was sentenced to 6 months in Orleans County Jail on Monday, despite a request for no jail time from her attorney.

The woman, 18, was given youthful offender status by Orleans County Court Judge James Punch, which seals her record and also means her name shouldn’t be published.

She pleaded guilty on Dec. 15 to attempted burglary in the second degree, a crime that carries a maximum of 4 years in state prison. Her attorney Dominic Saraceno asked for no jail time, saying the woman has no prior criminal offenses.

“She has expressed remorse and she has a structure in place to not let this happen again,” Saraceno said during sentencing. “I don’t think she’ll reoffend.”

The woman admitted in a previous court appearance she entered the house without permission and also took a DVD player and sold it at a pawn shop.

At least three other people – and perhaps as many as five – were involved in the burglary in the Village of Albion on Aug. 18, the District Attorney’s Office said. The vandals broke or stole about $12,000 in merchandise, including many antiques at the home on West Park Street, the victim of the crime told the court on Monday.

The victim of the burglary addressed the court, saying the crime was personal with family portraits and children’s piggy banks smashed. The victim, a married father with three young children, said the family had to walk around in shoes in their house for two weeks while picking up all of the broken glass.

Judge Punch ordered the 18-year-old woman to pay one third of the $9,286 insurance claim and one third of $500 in restitution.

The woman could have been sentenced to state prison. Judge Punch said a sentence of only Probation wasn’t an option.

“You clearly need to go to jail,” Punch said. “This was a very close call between state prison and Orleans County Jail. This was a very disturbing crime, showing an utter disregard for other people’s property.”

In addition to the 6 months in jail, the judge sentenced the woman to 5 years on Probation.

Corey Baerman, 18, of Albion also was part of the burglary. He will go in trial on May 6 for second-degree burglary, which carries a maximum of 15 years in state prison.

Baerman appeared in court on Feb. 2 and said he entered his neighbor’s house with three of his friends on Aug. 18. But Baerman said he didn’t take anything and didn’t cause any of the damage.

If that is true, Punch told Baerman his crime should be criminal trespass in the second degree, a misdemeanor which carries a maximum of up to a year in the county jail.

Baerman of South Liberty Street said he entered a neighbor’s house without permission, following the lead of his friends, who allegedly caused damage and stole items.

Punch said part of the reason he was sentencing the 18-year-old woman to jail is because she hasn’t provided much help in identifying other people involved in the burglary.

Her attorney disputed that, saying “she’s been cooperative all along.”

ALBION – Three people facing charges for drug crimes in Orleans County were arraigned in county court on Monday.

Martin Eusebio, 20, of Albion is accused of cocaine trafficking in the Village of Albion. He was arrested in November. He was arraigned on two counts each of criminal sale and criminal possession of a controlled substance in the third degree.

Eusebio was living at 201 Washington St., Apt. 1. He has been in jail since his arrest on $50,000 bail. He entered a not guilty plea on Monday.

John B. Lang Jr., 56, of Albion was arraigned on numerous charges after being arrested in December following an investigation into the sale and distribution of prescription narcotics in Albion.

Lang was arraigned on two counts of criminal possession of a controlled substance in the third degree, four counts of CPSC in the fifth degree, one count of criminal sale of a controlled substance in the third degree, three counts of CSCS in the fourth degree and one count of CSCS in the fifth degree.

Lang was living at 175 North Main St., Apt. 16 in Albion. He has been in jail on $20,000 bail since his arrest. He pleaded not guilty during his arraignment.

A Lockport woman was arraigned after being arrested in December for criminal sale and criminal possession of a controlled substance in the third degree and one count of unlawful possession of marijuana.

Katrina Drake pleaded not guilty. She is accused of selling and distributing prescription narcotics in Albion.

Drake, 24, of 80 Genesee St., Apt. 3, has been free on $5,000 bail.

ALBION – An Albion woman who could have been sentenced to a maximum of 15 years in state prison for attempted arson was given the minimum of 2 ¼ to 4 ½ years behind bars on Monday.

Crystal McGuire, 22, of West Lee Road admitted in a previous court appearance 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.

McGuire was a victim of domestic violence and her abuser was inside the home, McGuire’s attorney Matthew Nafus said during her sentencing on Monday.

“She overreacted by trying to set the house on fire,” Nafus said.

No one was injured from the fire, he noted. McGuire also suffers from a developmental disability, and emotional, cognitive and mental health disorders, Nafus said.

He asked the judge to not give McGuire a long sentence in prison.

Judge Punch said McGuire clearly was in an abusive relationship. He would have preferred to sentence McGuire to time in jail, instead of state prison, and also line up help and support for her, “but the statute doesn’t allow for that.”

Punch gave her the minimum sentence of 2 ½ to 4 ½ years in state prison. The maximum sentence would have been 3 ½ to 15 years in prison.

ALBION – Three people were sentenced to state prison on Monday for their roles in drug crimes in Orleans County.

John H. Butler, 33, of Lockport received the longest sentence of 3 years in prison. Butler was arrested in December 2013 after police seized 43 bags of crack cocaine from the vehicle he was driving, which was parked in the American Legion parking lot in Albion.

Butler has been in jail since his arrest. His attorney Kevin McKain said Butler has been a model inmate in the county jail. Butler wasn’t selling the drugs, McKain said.

Butler is a second-felony offender. His prior felony was fourth-degree criminal possession of a controlled substance in November 2005.

As part of a plea deal, Butler faced a maximum three-year sentence on Monday and County Court Judge James Punch gave him the maximum, plus an additional two years of post-release supervision.

A Rochester man also was sentenced to state prison on Monday. Laquan J. Simmons, 22, was arrested in April with 6.7 grams of crack cocaine in the Wal-Mart parking lot. Police seized 22 bags of crack cocaine packaged for sale and a larger bag of crack cocaine. They have a street value of more than $1,500, the Orleans County Major Felony Task Force reported then.

Simmons, who was on parole, also has been on Probation twice. Simmons suffers from mental health issues and “an extremely dysfunctional childhood,” his attorney Barry Dolgoff told the judge during sentencing.

Punch declined Dolgoff’s request to sentence Simmons to Probation, and instead gave him 2 years in prison.

“For a young man you’ve got quite a history,” Punch said.

A Batavia man also was sentenced to two years in state prison for his drug activity. Terry J. Toote, 37, is a second-felony offender with a past charge of second-degree assault in March 2006.

Toote’s attorney Thomas Keane said Toote has struggled with his own drug problem. Keane said Toote had a very small role in the drug crime that led to his arrest.

Judge Punch said Toote committed a “low-level offense” but still deserved jail time given his prior criminal history. In addition to two years in prison, Punch sentenced Toote to two years of post-release supervision.

Toote apologized to the community and his family “for the acts I’ve done.”

JW Hardy

ALBION – An Albion resident with a criminal history going back four decades was sentenced to the maximum of 12 years in state prison today.

JW Hardy, 57, was convicted by a jury last month on multiple counts of criminal sale and criminal possession possession of controlled substances.

Hardy has been arrested for drug crimes going back to 1976. Assistant District Attorney Susan Howard noted that long record during Hardy’s sentencing today.

“The criminal history is undeniably extensive,” said Hardy’s attorney Thomas Burns.

He asked the judge to not give Hardy the maximum due to his age and medical issues. Burns said Hardy has struggled with drugs himself for much of his adult life. Burns also said Hardy was not violent and did not threaten witnesses with the latest crimes.

Orleans County Court Judge James Punch gave Hardy the maximum sentence. The judge said whenever Hardy has been released from jail or prison he almost immediately went back to using and selling drugs.

“If anybody fits the definition of a drug dealer it is you,” Punch told Hardy during sentencing. “I don’t think you’ve ever tried to stop using drugs and you’ve spread that poison throughout the community.”

Hardy was arrested on April 1 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 at the time.

Hardy was living at 262 East Bank St. when he was arrested. He has been in jail without bail since then due to his criminal history.

ALBION – A Lyndonville man had his Probation revoked and was sentenced to 1 1/3 to 4 years in state prison on Monday.

Joseph R. Hagen, 31, was charged in October with harassment for pushing and threatening to kill a person, according to the Sheriff’s Department.

In court last month, Hagen pleaded guilty last month to violating terms of his Probation. He admitted to pushing his wife, failing to report to numerous Probation appointments, traveling to Florida without Probation permission, moving in October without notifying Probation of a change in his address, drinking alcohol, smoking marijuana and not paying restitution since October.

Hagen could have faced up to 7 years in prison. Orleans County Court Judge James Punch decided on 1 1/3 to 4 years.

“He wishes he had done better on Probation,” said Hagen’s attorney Dominic Saraceno.

In other cases in County Court:

An Oakfield resident, Jeremy Lyons of Pearl Street, pleaded guilty to third-degree burglary and could be sentenced to 2 1/3 to 7 years in prison on May 4.

Lyons, 30, admitted he broke into a house on Eagle Harbor Road in Barre on Aug. 10, 2014. He said he was retrieving items that belonged to him. He took those items and also stole copper piping, he told Judge Punch.

A 17-year-old Albion boy pleaded guilty to attempted burglary in the second degree. The judge said he will likely give the defendant youthful offender status. Because of that, Orleans Hub won’t publish the boy’s name.

He admitted he broke into a house on East State Street on Oct. 16, 2014, and took guns from the homeowner. Those guns were later recovered.

The 17-year-old could be sentenced to up to 6 months in jail and be on Probation for five years. Sentencing is April 20.

Jeffrey J. Farrell Jr., 27, of 431 West State St., Albion, was arraigned for third-degree burglary, fifth-degree criminal possession of stolen property and petty larceny. Farrell was charged on Dec. 20 and suspected, along with four others, in a series of break-ins in November and December.

Farrell pleaded not guilty in court on Monday. He remains free on $5,000 bail.

A Holley resident pleaded guilty to attempted burglary in the second degree. Dylan DiPlato, 26, admitted he was in a house uninvited on Sept. 21. Stolen items were in his backpack.

DiPilato said he was drunk when he committed the crime. He said he didn’t intend to be inside the house or steal.

He considered not pleading guilty to attempted burglary in the second degree, but he didn’t want to go to trial and risk being convicted of second-degree burglary.

Assistant District Attorney Susan Howard said DiPilato was interviewed by police when he was arrested and he answered officers’ questions. He also walked upstairs in the house. He wasn’t extremely intoxicated, she said.

Sentencing is set for April 20.

ALBION – A man and woman from Medina were both arraigned this afternoon on numerous drug charges.

Both Steven J. Johnson, 35, and Tamara L. Butler, 37, have been jailed. Orleans County Court Judge James Punch set bail at $250,000 for Johnson and $25,000 for Butler.

They are both accused of selling drugs between June and July. They face one count each of third-degree criminal sale and possession of a controlled substance, one count of criminal sale of a controlled substance in the fourth degree, and four counts of criminal sale and five counts of criminal possession of a controlled substance in the fifth degree.

They were arraigned this afternoon in county court. Butler pleaded not guilty. Johnson did not have an attorney and his full arraignment is scheduled to be completed Tuesday at 11:45 a.m.

Johnson and Butler both live at 301 Park Ave., Medina. Butler has a past felony for aggravated unlicensed operation of a motor vehicle. Johnson has an extensive out-of-state criminal record, District Attorney Joe Cardone said in court.

ALBION – Two men who were convicted of sex crimes involving children will soon be released from state prison and will be considered sex offenders.

Orleans County Court Judge James Punch on Monday assigned the risk levels to Rodney Newman and Mark Sands.

Newman was assigned a level 1 offender, which is considered a low risk for a repeat offense.

Newman, 39, is an inmate at the Wyoming Correctional Facility in Attica. He has been serving a minimum sentence from a minimum of 2 years, 4 months to a maximum of 7 years in state prison. He is scheduled to be released on March 5.

Newman was found guilty by a jury in Orleans County on July 12 for promoting a sexual performance by a child, unlawful surveillance in the second degree (two counts), forcible touching and endangering the welfare of a child (two counts).

Another Orleans County man is scheduled to be released on March 2 from Wyoming Correctional Facility. Mark Sands, 51, was found guilty by a jury on Jan. 7, 2008 on several charges, including use of a child in a sexual performance, promoting an obscene sexual performance by a child, sexual abuse in the third degree, endangering the welfare of a child, unlawfully dealing with a child in the first degree and criminal possession of a weapon in the fourth degree.

He was sentenced to 4 to 12 years in state prison. He will be registered as a level 2 sex offender, which means there is a moderate risk of a repeat offense, according to the state Division of Criminal Justice Services.