ALBION – A Medina man will face 2 to 4 years in state prison after he pleaded guilty on Monday to attempted assault in the second degree.
Leo Woodrich Jr., 50, of North Street allegedly hit his wife in the head with a baseball bat on May 30. He is a second felony offender, the District Attorney’s Office reported.
He will be sentenced by Orleans County Court Judge James Punch on Oct. 28.
ALBION – Jeffrey Paul, 40, of Holley was supposed to face a trial last week for charges of criminal possession of stolen property and insurance fraud, both in the third degree.
But Paul claimed a series of medications prevented him from thinking clearly, and unable to help with his defense during the trial.
County Court Judge James Punch told Paul today that a trial will be scheduled and Paul won’t be able to claim “fuzzy thinking” to avoid a jury.
In an appearance before Punch today, Paul listed several medications he is taking, including prescriptions for stomach pain, heart medication, a steroid and a lung treatment as well as others.
Punch asked Paul if the medicine was making him unable to concentrate. Paul said the medication sometimes causes concentration problems as a side effect.
But the judge said there was no reason to put off the trial.
“Let me tell you something,” he told Paul, “you don’t have to be at the top of your game to assist in your own defense.”
Punch said the trial will begin at 9 a.m. on Aug. 21.
Paul and his father David allegedly stole two backhoes, a box truck and a car and buried some of it on David Paul’s property on the Monroe-Orleans Countyline Road.
David Paul, 68, was sentenced to a year in the county jail in January.
ALBION – An Albion man, currently in Genesee County Jail, faces 2 to 7 seven years in state prison after he pleaded guilty today to second-degree rape.
Scott D. Stanley allegedly had sex with a 14-year-old girl in his apartment at 220 East State St. between Feb. 1 and Feb. 28, 2011. He will be sentenced at 2:30 p.m. on Oct. 28. Judge James Punch said the sentence will be between 2 to 7 years in state prison, plus 3 to 10 years of post release supervision. Stanley will also be registered as a sex offender and could face civil confinement when his prison time is over.
Stanley is already a Level 3 sex offender, the most serious. He admitted in court today to having sex with the underage girl.
Stanley in February was indicted in Genesee County Court and charged with first-degree rape, second-degree rape and two counts of third-degree rape. He allegedly raped a girl under age 13 while in Pembroke in 2010 and 2011.
ALBION – A 21-year-old Albion man was sentenced to five years in state prison for having sex with a 12-year-old girl.
Nathaniel D. Bentley, 21, of 315 Caroline St., Albion pleaded guilty to second-degree rape in May. County Court Judge James Punch today sentenced him to prison.
Bentley told the judge he thought the girl was 16. Bentley apologized to the girl’s family.
“I had no intention of hurting this girl,” Bentley told Punch.
The girl’s father said Bentley caused emotional, mental and physical harm to the victim.
“What he has done is completely wrong,” the father said.
Punch said he didn’t believe Bentley thought the girl was 16 during their relationship.
“You groomed her, you victimized her and you continued to victimize her,” Punch told Bentley, who also faces 10 years of post supervision and must pay $1,000 to register as a sex offender.
In other cases, Punch sentenced a 32-year-old Medina man to 2 to 4 years in state prison. Ronald Bonk of 142 North Gravel Rd. faced charges of second-degree burglary, fourth-degree grand larceny, criminal possession of stolen property in the fourth degree, petty larceny and criminal possession of stolen property in the fifth degree.
Bonk’s car broke down along East Lee Road in Albion on Aug. 24, 2012. He entered a home for a drink of water but allegedly took a credit card, air compressor and power washer.
“You are a criminal,” Punch told Bonk. “You will hurt someone if you can. You will steal their property if you can.”
A Holley man with his second DWI will face no more than six months in jail and five years probation, according to a plea offer being considered by Judge Punch.
Daniel Weatherbee, 32, of 16562 Route 31, Holley, was charged with DWI on May 11 after he was stopped on North Main Street in Holley. He was also charged with DWI on Jan. 25, 2011 in Hamlin.
Weatherbee’s Blood Alcohol Content was 0.18 when he was charged by Holley police on May 11. Punch will sentence Weatherbee on Sept. 23.
ALBION – A Catholic nun was sentenced to 90 days in Orleans County Jail today and ordered to pay restitution for $128,000 she allegedly stole to feed a gambling habit.
Sister Mary Anne Rapp pled guilty in April to stealing the money from Catholic churches in Holley and Kendall over about five years from March 2006 to April 2011.
Orleans County Court Judge James Punch sentenced Rapp to jail, five years probation, 100 hours of community service and full restitution.
The Order of Franciscan Nuns agreed to pay $10,000 annually over five years towards Rapp’s restitution.
The nun faced up to six months in jail as part of a plea to grand larceny.
District Attorney Joe Cardone supported jail time for Rapp, calling her thefts from the churches “an extensive crime.”
“It wasn’t one single act,” Cardone said. “It was week after week that she stole from the church plate and lied to people.”
Rapp was arrested in November after an investigation by the Sheriff’s Department. Parish leaders asked the Sheriff’s Department to investigate after an internal audit found discrepancies.
Rapp was placed on leave from her order in 2011 and received treatment for her gambling addiction.
She originally was charged with second-degree grand larceny, a class C felony punishable by up to 15 years in prison.
ALBION – A Medina resident who allegedly stole $20,000 in lottery tickets was offered a plea deal on Monday that would result in no more than six months in county jail plus five years of probation.
Kim Capstick and Orleans County Court Judge James Punch will consider the deal that will come with restitution. Capstick can make an offer on restitution or Punch can set a hearing to determine the amount.
Capstick worked Curvin’s News and Smoke Shop in Medina from February 2011 to June 2012 when the alleged thefts occurred.
She has been charged with one count of third-degree grand larceny and could face 1 1/3 to four years in state prison.
In other cases Monday in County Court:
Judge Punch set $250,000 bail or bond for Robert W. Tetrault, 32, of Albion, who is currently in the Orleans County Jail. During a court appearance June 25 at Albion Town Court, Tetrault allegedly threatened a witness while he was being escorted from the courtroom. Punch also issued an order of protection for that person.
Tetrault was charged in May for second-degree assault, criminal possession of a weapon in the third degree and unlawful possession of marijuana.
A Lyndonville man pled guilty to driving while intoxicated and could face 1 to 3 years in state prison.
Jeremy H. Boyce, 30, of 32 Maple Ave. will be sentenced at 1:30 p.m. on Aug. 19. He was charged on March 31 for driving while intoxicated, failure to keep right, drinking alcohol in a motor vehicle, failure to use an interlock device, aggravated unlicensed operator, aggravated unlicensed operator, resisting arrest and obstructing governmental administration.
Boyce has a prior DWI from Oct. 3, 2011. He faced a sentence of 1 1/3 to 4 years in state prison for the March 31 DWI, but now is looking at a maximum of 1 to 3 years.
ALBION – Two years after she was sentenced to 25 years to life for a drug-related slaying, Joyce Powell is working on an appeal. Her attorney wants to examine critical evidence that led jurors to convict her.
Powell in 1992 allegedly shot John Rutledge, 37, of Rochester and dumped his body in a ditch along Sawyer Road in Carlton. The murder was a cold case for 19 years until 2011.
The most damning evidence against Powell may have been a cassette tape that was seized from a car driven by Powell in 1992. She was stopped in Ontario County. The tape include a song that Powell allegedly wrote and sang that details how she murdered Rutledge, District Attorney Joe Cardone said.
The song was on a store-bought music tape. The tape sat in evidence storage for nearly two decades. Investigators didn’t play it until January 2011.
During the trial, experts studied the tape for authenticity, and deemed it hadn’t been altered, Cardone said. Musical friends of Powell also said it was her voice on the tape, he said.
Powell’s attorney Marcel Lajoy of Albany wants to have the tape studied again. He was in Orleans County Court this afternoon with Powell, and asked Judge James Punch to allow Lajoy’s experts to look at the tape to make sure it’s authentic.
Cardone doesn’t want to let the original tape out of his possession.
Punch didn’t issue a ruling today.
Powell was a high-profile anti-violence leader in Rochester in the late 1990s and early 2000s. However, that image changed in 2007 when she was convicted of brutally assaulting a woman. Powell was sentenced to 16 years in state prison for burglary and assault for that crime.
ALBION – A Medina resident was arraigned in Orleans County Court today for allegedly stealing $20,000 worth of lottery tickets from Curvin’s News and Smoke Shop.
Kim Capstick, 51, of Medina was an employee at Curvin’s from February 2011 to June 2012 when the alleged thefts occurred.
She was charged with one count of third-degree grand larceny and arraigned by County Court Judge James Punch.
The judge in court today also sentenced a Holley resident to one to three years in state prison for repeated charges of driving while intoxicated.
Peter Tardge, 34, was arrested in the town of Murray for DWI in July 2012. Tardge has prior DWI convictions.
“You’ve worked your way up the ladder with all your prior DWIs,” Punch told Tardge during the sentencing. “You’ve been in probation, the local county jail and now state prison.”
Punch also revoked Tardge’s license for a year. He said the Holley resident has a drinking problem and an inability to control his anger.
ALBION The public defender will represent Dennis Buehler, a Kendall resident who is accused of shooting his wife and setting his house on fire on March 4.
Buehler allegedly shot his wife with a shotgun during an argument. His wife, Linda Buehler, ran from the house, which Buehler then allegedly set on fire. The Buehlers’ house at 923 Peter Smith Rd. was destroyed by the fire.
His wife survived the gunshot wound to her shoulder. Buehler, 64, has been charged of attempted second-degree murder, first-degree assault, second-degree criminal possession of a weapon and third-degree arson.
Mrs. Buehler has filed for divorce, which has frozen Buehler’s assets. He can’t hire an attorney so Orleans County Court Judge James Punch assigned Public Defender Sanford Church to the job on Monday. Buehler can still hire his own attorney if he can work out paying for one.
Buehler is scheduled to reappear in County Court on July 1.
In another high-profile case, Orleans County District Attorney Joe Cardone said it will take about six more weeks for results to come back on blood tests in a Carlton murder on March 4.
Cardone is waiting for results from blood samples at the scene and two blood trails. Frederick Miller, 61, has been charged with second-degree murder for allegedly bludgeoning and stabbing his live-in girlfriend Rachel Miller.
She was found dead about 150 yards east of Miller’s house on Oak Orchard River Road by an Albion Central School bus driver.
The Niagara County Forensics Lab is doing the blood analysis for the Orleans County DA.
The two crimes both occurred the same day. Cardone said he is working to have both cases ready to go to trial in the fall.
Miller is scheduled to reappear in County Court on July 8.
ALBION – A Brockport man was sentenced on Monday to six years in state prison for possession of a weapon and attempted burglary.
Mitchell Hamlin, 21, was charged with third-degree attempted burglary after allegedly breaking into several cars in Clarendon on Aug. 9. A second felony offender, he was sentenced to four years in state prison for the burglary crimes.
His more serious crime allegedly occurred Feb. 22 when he was carrying a loaded handgun without a license. He was stopped in the town of Barre and had the gun in his pants. Orleans County Court Judge James Punch sentenced Hamlin to six years in prison for weapons charge, which runs concurrently with the attempted burglary sentence.
“Before you kill somebody I’m going to have to lock you up for a while,” Punch told Hamlin during the sentencing.
Hamlin has recently completed his GED. He said he wants to be a productive member of society.
“I’d like to apologize to the victims,” Hamlin told the court. “I realize what I did was wrong.”
Assistant District Attorney Susan Howard asked for a long sentence for Hamlin.
“It’s obvious, your honor, that’s he’s dangerous,” Howard told Punch. “He’s violent.”
Punch said Hamlin has a “toxic combination of crimes with drugs, weapons and other crimes, including this burglary.”
ALBION – Two Medina men were sentenced today to five years probation, 150 hours of community service and joint restitution for setting a house on fire last September.
Edward Schneider, 21, and Christopher Swan, 21, were charged with third-degree arson after a vacant house was set on fire last Sept. 12. The building at 11228 Ridge Rd. in the town of Ridgeway was owned by Schneider’s mother, Antoinette Schneider. She had insurance on the house.
The two also were charged with second-degree assault, a Class D Felony, because a firefighter was injured while fighting the fire.
“This was a foolish, bad decision you guys made,” Orleans County Court Judge James Punch said during the sentencing. “You could have killed someone by your actions.”
The two men are long-time friends. Punch ordered that they have no contact with each other. They also have to share a $484 restitution bill.
The judge told them to seek and maintain gainful employment. Their wages will be garnished until the restitution is paid.
ALBION – A Carlton burglar and Albion woman with a history of drunk driving were both sentenced to either jail or prison today.
Kenneth Martin II, 24, of South Academy Street in Medina was sentenced to five years in state prison for second-degree burglary and petty larceny. Martin was charged after allegedly breaking into a Carlton home on Oct. 1 and stealing jewelry. He allegedly broke in the next day with an accomplice Joshua Gang, who stole guns from the house.
Martin has an earlier conviction – third-degree burglary on April 13, 2009.
“He has a horrible record,” County Court Judge James Punch said in court today.
District Attorney Joseph Cardone asked that Martin be required to pay back $10,639 to Erie Insurance and another $6,020 in damages that wasn’t covered by insurance.
Punch will determine if Martin pays all of that or if it’s split with Gang, who pled guilty to his role in the crime.
“You take no responsibility for what you do and you’re constantly blaming others,” Punch said before announcing Martin’s sentence.
The judge also sentenced Lisa Foggett, 53, of Oak Orchard Road in Albion to a year in county jail after her sixth alcohol-related driving charge. She pled guilty to misdemeanor driving while intoxicated and aggravated unlicensed operation of a motor vehicle.
“You are an extremely dangerous criminal,” Punch told Foggett during her sentencing. “It’s a miracle you haven’t killed somebody.”
ALBION – A Medina man has been sentenced to 3 ½ years in state prison after having sex with a 16-year-old who was intoxicated.
Kawika Kamae, 27, was charged with first-degree rape, third-degree rape, acting in a manner to injure a child less than 17 years old and unlawful dealing with a child alcohol.
“Obviously, this is a serious crime,” Orleans County Court Judge James Punch said in court last week. “The circumstances are disturbing.”
Kamae apologized for the incident during his sentencing. The victim was six days shy of 17 when she was intoxicated Aug. 31, 2012, Kamae’s attorney said. Kamae’s wife had recently left him, and he exercised “poor judgment,” his attorney told the court.
The victim also has an order of protection against Kamae.
In other cases:
A Barre man could face 5 ½ years in state prison for allegedly assaulting a deputy during a domestic violence incident on Dec. 28. Charles Sheets, 49, has a prior felony charge of assaulting a police officer in Monroe County in 2004.
District Attorney Joseph Cardone last week first proposed a maximum of four years in state prison, but Punch said it should be 5 ½ years because of Sheets’ prior offense against a police officer.
Punch set $250,000 bail on Allen Young, whose attorney George Muscato requested bail of $5,000 to $10,000.
Young of Medina was arraigned in court last week. He has been charged with two counts of reckless endangerment after fleeing from police on Dec. 13 in Ridgeway.
Police discovered “an extremely powerful assault rifle” and stolen ATV at Young’s parents’ house after executing a search warrant, Cardone said. Young also has allegedly threatened to kill witnesses, Cardone said.
“Under the unusual circumstances, I’m going to keep bail at $250,000,” Punch said.
Sean Wheatle, 47, of Waterport will be sentenced to no more than 1 to 3 years in state prison for his second driving while intoxicated crime. Punch accepted that plea offer for Wheatle, who was charged with DWI in Medina on Nov. 17. He also had a DWI in 2008. He will be sentenced on June 3.
Robert Wyant Jr., 30, of Kent will be sentenced to no more than 3 years in state prison as part of a plea deal. He faced a maximum of 4 ½ years in state prison.
He was charged with criminal sale of a controlled substance in the fifth degree after allegedly possessing and selling drugs from the Family Dollar parking lot in Albion on Oct. 9, 2012. He will be sentenced June 3.
