Albion man arraigned in county court for burglary

ALBION – A Rochester man stopped with cocaine and a switch-blade knife in Clarendon in August pleaded guilty in county court and could be sentenced to 2 ½ years in state prison.

Juan Gonzalez, 36, of North Union Street was stopped by state police in Clarendon on Aug. 16. Gonzalez had cocaine in the vehicle, which he said he intended to trade for a gun. He also had a switch-blade knife which is illegal.

He pleaded guilty to criminal possession of a controlled substance in the fifth, which carries a maximum sentence of 2 ½ years. He also pleaded guilty to criminal possession of a weapon in the fourth degree, which carries a maximum sentence of a year in prison. That sentence could run at the same time as the CPCS charge.

Orleans County Court Judge James Punch will sentence Gonzalez at 2 p.m. on June 16.

In another case in county court on Monday, a 19-year-old Albion man was arraigned for an August burglary at Robinson’s Redemption Center in Albion.

Hayden K. Ettinger of  East Academy Street was arraigned on charges of third-degree burglary and petit larceny. He was sent to jail on $1,500 bail.

Ettinger also has been charged with an October burglary in Oakfield on Lockport Road. In that case he was charged with third-degree burglary and unlawful possession of marijuana.

ALBION – Orleans County Court Judge James Punch sentenced five people to at least a year in county jail or state prison on Monday for various drug crimes.

Joshua Nichols, 26, of Albion was sentenced to a year in jail for selling prescription narcotics. He was arrested on Oct. 1 for selling drugs in Albion with his mother and brother. Police said the three were selling hydrocodone and tramadol pills, which were prescribed to the mother.

Nichols’ mother Theresa Nichols was sentenced on Feb. 24 to 3 ½ years in state prison for selling prescription narcotics. Her son David, 28, was sentenced to three years in state prison on Feb. 10.

Joshua Nichols was charged after a single drug sale. His attorney, Larry Koss, asked the judge for a split sentence, where Nichols could work full-time and spend weekends in jail. But Punch said Nichols has a prior criminal history.

“State prison is not quite appropriate, but it’s close though,” Punch said during sentencing.

An Elba man was sentenced to a year in jail despite his attorney’s request for no jail time.

Edgardo Aponte, 41, of Hundredmark Road pleaded guilty to attempted criminal sale of a controlled substance in the third degree for selling cocaine in May.

Aponte has no prior criminal history. He apologized to the community and his family for selling drugs.

Punch said Aponte sold the drugs on multiple occasions, and is “responsible for spreading misery in the community.”

Jose Gallegos-Gonzalez, 56, of Hamlin was sentenced to two years in state prison. Last June he was charged with four counts of criminal sale of a controlled substance in the third degree.

Gallegos-Gonzalez has a prior criminal history with multiple charges for driving while intoxicated, Punch said. Deportation proceedings have started against Gallegos-Gonzalez.

“You’ve been endangering people on the highways with multiple DWIs and now you’re endangering the community with drugs,” Punch said.

Jorge Villanueva-Ledesma, 34, of Zig Zag Road in Albion was sentenced  to a year in state prison. Last June he was charged with nine counts of criminal sale and nine counts of criminal possession of a controlled substance in the third degree.

Through an interpreter, Villanueva-Ledesma said he has struggled with using drugs. He asked for forgiveness.

The judge said Villanueva-Ledesma was “fully involved” in several drug sales, and profiting from the transactions.

Rudolfo Juarez-Ramerez, 30, of Lakeshore Road in Kendall was sentenced to a year in the county jail. He was charged in June with one count of criminal sale and one count of criminal possession of a controlled substance in the third degree.

In another drug case, Punch said he would sentence Alexander Gelo, 22, of Brockport to up to a year and half in state prison.

Gelo in January pleaded guilty to criminal possession of a controlled substance in the fifth degree. He was able to withdraw that plea if his sentence exceeded six months in county jail.

Punch said he wouldn’t agree to a six-month sentence.  Gelo was arrested after allegedly selling cocaine in Murray on Dec. 1, 2012.

Gelo can either accept the 18-month sentence or face trial. He is scheduled to appear in court at 2:30 p.m. on March 31.

ALBION – A Rochester man who was sentenced to 15 years in state prison on March 3 for robbing a bank in Albion was back in Orleans County Court today.

Jeremy Rothmund was arraigned for second-degree assault, a charge that could result in seven more years to his prison sentence.

While an inmate in the county jail, he allegedly injured a corrections officer on Oct. 16. Rothmund is represented by the public defender’s office. He entered a not guilty plea today.

Orleans County Court Judge James Punch arraigned Rothmund, who is now an inmate at the Elmira Correctional Facility. He is due back in county court April 7 for his next court appearance.

Rothmund, 30, admitted in previous court appearances he robbed the Bank of America on July 2. He said he was trying to feed a heroin addiction.

Albion woman faces charge of second-degree arson

ALBION – A Medina man was arraigned in Orleans County Court on Monday for first-degree sexual abuse. Patrick E. Sewar, 22, of Knowlesville Road was arrested Dec. 13 for sexually abusing a child under the age of 11 in the town of Shelby.

He also is accused of molesting another child at Darien Lake on June 24. He has pending sexual misconduct charges stemming from a third incident in Ridgeway.

Sewar was arraigned by County Court Judge James Punch and sent to jail on $5,000 bail. The judge assigned the public defender to represent Sewar, who is due back in court on May 31.

In other cases in county court:

An Albion woman was arraigned on charges of second-degree arson and fourth-degree criminal mischief after allegedly setting a fire at a Beaver Street house in the village on Aug. 16.

Crystal McGuire, 21, lives on West Lee Road. She was placed in jail on $10,000 bail.

Cody Gillette, 24, of East State Street pleaded guilty to driving while ability impaired by drugs, attempted forgery in the second degree and aggravated unlicensed operation of a motor vehicle. He faces a maximum of 1 to 3 years in state prison when he is sentenced on June 9.

Gillette, who has a prior DWI, said in court he was driving on June 16 after consuming opiates and using marijuana. He also admitted to forging a check on June 26.

Lidio Ramirez-Figueroa, 35, of 14691 Zig Zag Rd. in Albion was sentenced to a year in state prison. He pleaded guilty to fifth degree criminal sale of a controlled substance. He admitted to selling cocaine on Nov. 9, 2012 at a house on Densmore Road.

Jose Guitierrez-Ramirez, 53, of Batavia was sentenced to a year in county jail. He pleaded guilty to driving while intoxicated and aggravated unlicensed operation of a motor vehicle. He was charged on Sept. 14 after being stopped in Albion.

Beau Bettilyon, 28, of Hamlin was sentenced to three months in county jail, five years of probation and also had his driver’s license revoked for a year. Bettilyon pleaded guilty to DWI on June 2, when he was stopped on Oak Orchard Road in the town of Gaines. He has a prior DWI.

ALBION – A Shelby man was sentenced to 12 years in state prison today for sex crimes against four young boys.

Gerald L. Wolter, 37, of Freeman Road was given the maximum sentence as part of a plea deal on Dec. 23.

“If you can repent and reform that is up to you,” Orleans County Court Judge James Punch said when he sentenced Wolter. “My job is to protect the public from you.”

Wolter did not have intercourse with the boys, but made contact with them, according to statements in court on Dec. 23. Wolter confessed to the crimes, which occurred between January and May 2013. He pleaded guilty to first-degree attempted criminal sexual act, and four counts of endangering the welfare of a child.

Wolter wants to apologize to the victims and society, said his attorney, Nathan Pace.

“He truly has shown remorse,” Pace said during the sentencing.

Punch said Wolter hasn’t shown remorse and has a “natural arrogance.” The judge commended the courage of the victims to press charges against Wolter.

“My concern is you will keep doing this,” Punch said. “You left a trail of young kids who were brave enough to come forward.”

Wolter’s sentence also includes 15 years of post-release supervision when he is out of prison.

Wolter also faces child molestation charges for sexually assaulting two boys in Niagara County. The Niagara County Court is handling that case.

ALBION – The woman who admitted to driving the getaway car during a bank robbery in Albion last July 2 was sentenced to five years in state prison today.

Elyse A. Hoffer, 22, of Rochester apologized in court to the Bank of America employees, her family and the community.

Hoffer was the girlfriend of Jeremy J. Rothmund, who robbed the Bank of America on July 2. Rothmund went into the bank with a false bomb. He robbed the bank of $18,000. He was sentenced to 15 years in state prison last week.

Hoffer in December pleaded guilty to first-degree robbery.  She had the getaway car behind Freeze-Dry Foods near the railroad tracks. The couple was spotted by an Albion resident who gave the vehicle ID to police. The two were stopped and arrested in Holley.

Hoffer in December pleaded guilty to first-degree robbery.

In other cases in county court today:

Alejandro Mendoza, 28, was sentenced by Judge James Punch to five more years in state prison for assault. Mendoza was an inmate at Orleans Correctional Facility when he allegedly used a razor to slash the neck, stomach and finger of another inmate.

That inmate needed 12 stitches for his neck and five stitches for his cut finger, the District Attorney’s Office stated.

Mendoza is currently in Southport Correctional Facility in Pine City. He is a Mexican citizen without legal documents to be in the United States, the DA’s Office said.

Jairo Chavez was sentenced to two years in state prison for two counts of third-degree rape. Chavez was living in Orleans County as a farmworker when he allegedly twice had sex with a 15-year-old girl who became pregnant. Chavez was 26 at the time. He also is a prior felon.

After prison, Chavez will be subject to 15 years of post-release supervision.

Frederick Miller

ALBION – The trial against accused murderer Frederick Miller of Carlton has been pushed back two months. The trial was scheduled to begin with jury selection today but will now start on May 12.

Miller’s lawyer, Robert King of Rochester, filed notice he is seeking a psychiatric defense for Miller. That prompted Orleans County Court Judge James Punch to adjourn the trial so District Attorney Joe Cardone would have time to hire an independent psychiatrist to evaluate Miller. Cardone will then review the psychiatrist’s report.

Miller faces second-degree murder charges after he allegedly killed his girlfriend, Rachel Miller, on March 4, 2013.

Rachel Miller, 53, died of blunt force trauma combined with multiple stab wounds. The couple allegedly had a fight at a home they shared on Oak Orchard River Road.

ALBION – Two Medina women admitted in Orleans County Court to selling drugs. The cases are not related. Both pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence of 2.5 years in state prison.

Gale V. Morehouse, 51, can withdraw her guilty plea if she is sentenced to more than six months in county jail on June 9.

She admitted she sold methadone from her home on Church Street in Medina on April 22. She is a first-time offender. Morehouse has since moved to Lockport.

She told County Court Judge James Punch she “needed some money” when she sold the drug.

Another Medina woman, Serina Winters, also pleaded guilty on Monday to CPCS in the fifth degree.

Winters, 37, of 909 Church St., Apt. 1 was charged with two counts of third-degree criminal sale of a controlled substance, two counts of third-degree criminal possession of a controlled substance and one count of third-degree welfare fraud.

In exchange for pleading guilty to one of the drug charges, the District Attorney’s Office agreed to withdraw the other charges.

Winters admitted she had prescription narcotics and gave them to her estranged husband.

She has been in jail on $5,000 bail since Jan. 15. Her attorney, Shirley Gorman, asked that Winters be released from jail or that her bail be reduced. Gorman said Winters is pregnant.

Judge Punch agreed to lower the bail to $1,000. Winters will be sentenced on May 5.

Rothmund in his July mugshot

ALBION – A Rochester man was sentenced to 15 years in state prison for robbing a bank in Albion on July 2.

Jeremy Rothmund, 30, pleaded guilty to first-degree robbery on Dec. 9. He faced a maximum of 15 years in state prison as part of the plea. Orleans County Court Judge James Punch gave Rothmund the maximum during sentencing this afternoon.

In an Oct. 21 court appearance, Rothmund confessed in court that he robbed the Bank of America in Albion on July 2, showing up at the bank wearing a mask and threatening a clerk with a bomb that later was discovered to be fake.

In court today he apologized for his crimes. He has admitted to robbing two banks in Greece as well as the site in Albion. He said in court today he will use his time in prison to become a better father and citizen.

Rothmund faced a maximum of 20 years in state prison. The plea reduced the max to 15 years. He still faces charges for two other bank robberies in the town of Greece. Those cases are being handled by the District Attorney’s Office in Monroe County. Rothmund could see his prison sentenced extended with those cases.

Rothmund on Oct. 16 injured a corrections officer in the county jail. The bank robbery sentence doesn’t include that incident.

Rothmund’s girlfriend, Elyse A. Hoffer, also pleaded guilty in December to first-degree robbery. She faces up to five years in prison when she is sentenced.  She admitted to driving the getaway car when Rothmund robbed the banks.

In Albion on July 2, Rothmund said he told her to park behind the Freeze-Dry building on Route 31 near the railroad tracks. Rothmund went to the Bank of America and returned with a bag full of $18,000. He said he told Hoffer to drive fast out of town.

The two were later stopped and arrested in Holley after a resident identified them in Albion and called the police.

Frederick Miller

ALBION – The trial against accused murderer Frederick Miller of Carlton will start next week.

Jurors will be picked beginning at 10 a.m. March 10 at the Orleans County Courthouse. The District Attorney’s Office expects the trial will last a week to 10 days.

Miller, 61, is accused of killing his live-in girlfriend on March 4. Miller allegedly bludgeoned and stabbed Rachel Miller several times. He has been charged with second-degree murder.

The couple allegedly had a fight on March 4 at a home they shared on Oak Orchard River Road. Rachel Miller, who was formerly married to Miller’s cousin, was 53 when she died as a result of blunt force trauma combined with multiple stab wounds, according to an autopsy. Her body was discovered early in the morning on March 4 by an Albion school bus driver.

Frederick Miller hired defense lawyer Robert King of Rochester on Dec. 7. For nearly nine months Miller was represented by the public defender.

ALBION – Orleans County Court Judge James Punch set bail at $75,000 for a Rochester man accused of selling cocaine in the village of Albion on Oct. 6.

Timothy Turner, 33, of Mount Read Boulevard was arraigned in court on Monday for criminal  possession and criminal sale of a controlled substance in the third degree.

Turner has a prior felony record and he hasn’t always shown up in court for scheduled appearances, Punch said when he set bail.

In other county court cases:

Lori Martinez, 46, of Park Avenue in Medina pleaded guilty to criminal possession of a controlled substance in the fifth degree. She is accused of selling hydrocodone and another prescription narcotic on May 18. The prescriptions were prescribed to her.

She will be sentenced April 21 and could receive up to 2 ½ years in prison or a lesser sentence.

A Medina man was arraigned on three counts of both criminal sale and criminal possession of a controlled substance in the fifth degree, as well as third-degree welfare fraud.

Stacy Bryan, 23, of West Avenue allegedly sold dextroamphetamines on three occasions. He profited from the sales and didn’t report the income while collecting welfare benefits, the district attorney’s office said.

A Medina resident was arraigned for criminal possession of a controlled substance in the fifth degree and criminal sale of a controlled substance in the fourth degree.

Jason Fidanza, 41, of Slade Road allegedly sold hydrocodone and another prescription narcotic in Ridgeway on June 18.

ALBION – Orleans County Court Judge James Punch on Monday approved two local residents for the Drug Court program, which provides services for people with addictions and applies consequences if they use drugs.

Krystle L. Hughson, 30, of Albion pleaded guilty to petit larceny after she allegedly entered a motor home on Beachwood Boulevard in Albion on Dec. 20. Once inside, she is accused of stealing prescription pills.

Hughson told Judge Punch she was retrieving a loose dog for the owner. When she went inside the motor home, she confessed to taking prescription medication that wasn’t hers. She said she didn’t enter the home with the intention to taking the medication. But once inside, she stole the pills.

If Hughson successfully completes Drug Court, the petit larceny charge will be dismissed.

In another case for Drug Court, Joseph Piedmont, 48, of Lydun Drive in Albion pleaded guilty to grand larceny in the fourth degree and petit larceny.

If Piedmont completes Drug Court, the grand larceny charge will be dropped and he will be sentenced for petit larceny with the stipulation of no jail time.

Piedmont confessed in court to using his mother’s credit card without her permission. He used it to take money from an ATM to buy drugs, the DA’s office said.

ALBION – A pastor accused of sex crimes against children was offered a plea deal in Orleans County Court on Monday that would carry a maximum sentence of 25 years in state prison.

Roy Harriger, the pastor of the Community Fellowship Church in the town of Hartland, faces six counts of sex abuse charges. He has pleaded not guilty.

Harriger, 70,  of Middleport was charged in November with three counts of coarse sexual contact in the first degree and three counts of incest. District Attorney Joe Cardone presented a plea for Harriger to plead guilty to the three counts of coarse sexual contact. Cardone said he wouldn’t pursue the incest charges.

The coarse sexual contact charges carry a minimum of five years and a maximum of 25 years in state prison. The sentence for the three counts would run at the same time, according to the plea offer from the DA.

Harriger is represented by attorney Larry Koss. Harriger did not accept the offer in court on Monday. He has until April 7 to decide. That is his next court appearance. He can accept the plea offer or the case will go to trial.

Judge James Punch has ordered Harriger to stay away from church and any other locations where there are children 18 or younger.

Harriger was first arraigned in the Yates Town Court on Nov. 27 after being charged by the state police. He posted $250,000 bail. Punch has kept the bail at $250,000.

The alleged crimes by Harriger occurred against three family members between September 2000 and September 2001, when he was pastor of the Ashwood Wesleyan Church in Lyndonville.

“Witnesses can’t say exactly when they happened, but there were multiple offenses with multiple victims,” Cardone said in court on Monday.

Theresa Nichols

ALBION – An Albion woman was sentenced to 3½ years in state prison today for selling hydrocodone and other prescription narcotics. She and her two sons were arrested on Oct. 1 and accused of selling drugs in Albion.

Theresa S. Nichols, 51, of 209 North Main St. apologized in court before she was sentenced.

“I want to say I’m sorry,” she told County Judge James Punch. “I know I was wrong.”

Nichols on Dec. 9 pleaded guilty to attempted criminal sale of a controlled substance in the third degree. She faced up to four years in state prison.

Her attorney, Michael O’Keefe of Medina, asked for probation for Nichols. He said she has been taken AA classes in jail and has a place to live on Countyline Road with her fiance.

Punch said Nichols has been on probation before and it didn’t stop her from committing crimes. He insisted on state prison.

“You’ve been profiting from the sale of this poison in our community,” Punch said.

Nichols has a prior criminal history. She was on social services and disability. She was selling prescription narcotics to supplement her income, O’Keefe said in a previous court appearance.

She has been in county jail for about six months on $25,000 bail.

Her two sons also face numerous counts of criminal possession and sale of a controlled substance. The sons, along with their mother, were allegedly selling hydrocodone and tramadol pills, which were prescribed to the mother.

David Nichols, 28, was sentenced to three years in state prison on Feb. 10. He pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Joshua Nichols, 26, also faces charges of selling prescription narcotics. His case is pending in court.

Harriger

ALBION – A pastor accused of sex crimes against children in his family faces a new charge of criminal possession of a firearm.

The Rev. Roy Harriger, 70, faces the new charge because Harriger allegedly possessed an unregistered revolver at his residence on Nov. 27. State police reported Harriger did not have a valid permit for the revolver.

Harriger was issued an appearance ticket in Town of Hartland Court for 7:30 p.m. on March 10.

Harriger, pastor of the Community Fellowship Church in Middleport, was arraigned in the Orleans County Court on Monday before Judge James Punch. The arraignment was based on a six count indictment handed up by the Orleans County grand jury charging Harriger with three counts of course of sexual conduct against a child, two counts of incest and one count of incest in the first degree. All are felonies.

Judge Punch issued an order of protection barring Harriger from having any contact with the alleged victims. Judge Punch further ordered that Harriger is not to have any contact with any person under the age 18, without any exceptions, pending the outcome of the case.