Cynthia Benz has paid $75K in restitution, owes $16,500

ALBION – A former employee at Curvin’s News and Smoke Shop in Medina, who allegedly stole $91,500 in Lotto tickets from the business, avoided a jail sentence in Orleans County Court today.

Cynthia Benz, 61, of Medina was ordered to five years probation, 300 hours of community service and full restitution. She has paid $75,000 back so far and that factored in Judge James Punch’s decision to not send her to jail. District Attorney Joe Cardone also requested no jail time for Benz, saying she has been cooperative in working to pay the full restitution.

Benz apologized in court for taking scratch-off Lotto tickets.

“I’m very sorry this has happened,” she told Judge Punch. “I can’t believe the people I’ve embarrassed.”

Benz was charged with grand larceny. Several community members submitted letters of support on her behalf to the judge.

Punch had stern words for Benz, saying he wasn’t impressed by the letters. He said she stole from a small town merchant  “hundreds of times” while “masquerading as a nice lady from Medina.”

He ordered that she have a psychological evaluation.

“You’re a crook,” he said during sentencing. “You have to overcome that somehow.”

Another former Curvin’s employee also faces a third-degree grand larceny charge for allegedly stealing $20,000 worth of Lotto tickets. Kim Capstick’s case is going through the county court system.

Jeffrey Paul is committed to psychiatric facility in Syracuse

ALBION – The trial is off for a Holley resident charged with criminal possession of stolen property and insurance fraud.

In County Court last month, Jeffrey Paul, 40, of Holley said that a series of medications prevented him from thinking clearly, and unable to help with his defense during the trial. Judge James Punch ordered psychological and psychiatric competency evaluations, and both specialists reported they didn’t think Paul could help with his own defense at a trial.

Paul’s attorney Larry Koss in court today also told Judge Punch he didn’t think Paul could assist in his defense.

Punch reviewed the reports from the psychologist and psychiatrist and had Paul committed to a psychiatric facility in Syracuse for up to a year. The judge cited Paul’s “profound problems.” If Paul’s condition improves, he could stand trial, Punch said.

Punch set a Nov. 4 court date for an update on Paul’s fitness for trial.

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 – Charles Sheets was sent to state prison today for five years after he assaulted a deputy in December.

Sheets, 49, has a prior felony for attempted assault of a police officer in Monroe County in 2004. He was charged with second-degree assault for the more recent case.

Orleans County Sheriff’s Deputy J.J. Cole responded to a domestic incident at Angevine Road on Dec. 28.  When Cole attempted to bring Sheets into custody, Sheets fought with the deputy, causing him an injury. Sheets also was charged with harassment and menacing for the domestic incident.

“You’re a self-centered, undisciplined, violent and a very dangerous man,” Orleans County Court Judge James Punch said during sentencing today.

Sheets was sentenced to five years in state prison, five years of probation after prison and his wife was issued an order of protection.

Resident also pleads to attempted burglary from church

ALBION – An Albion man confessed to going to a home late at night on Feb. 1 and brutally beating up a 59-year-old resident at 431 West State St.

Domingo E. Candelaria, 22, of 175 North Main St., pleaded guilty to second-degree assault in Orleans County Court today. As part of his plea he will be sentenced to four years or less in state prison. If Judge James Punch sentences Candelaria to more than four years, Candelaria can withdraw his plea and go to trial. If convicted by the jury, he could face up to seven years in prison. Punch set sentencing for Oct. 21.

Candelaria said he “overreacted” on Feb. 1. He went to the victim’s home at 2 a.m. He was looking for the man’s son. Candelaria said the man’s father, Ronald Hubbard, answered the door. Candelaria said Hubbard had a knife. Police reports have said that Hubbard was unarmed.

Candelaria punched him many times, including several blows when Hubbard was already down, Candelaria said in court.

Hubbard was in the hospital for three weeks and has mild brain damage from the incident, District Attorney Joe Cardone told Punch in court. Hubbard also continues to be plagued by headaches and is lethargic, Cardone said.

Candelaria and the man’s son had a dispute over a woman, police have said.

In another case with a plea today, Michael G. Andre, 23, of West Park Street in Albion pleaded guilty to attempted burglary in the third degree. He will be sentenced Oct. 21 and could face 1 1/3 to 4 years in state prison.

Andre confessed in court that he broke into the Presbyterian Church in Albion on Jan. 14. He broke a window in a locked church office and stole a laptop, Cardone said.

BATAVIA – An Albion who pleaded guilty to having sex with a 14-year-old girl was sentenced to 22 years in state prison today by a judge in Genesee County.

Scott D. Stanley allegedly committed numerous sexual acts with the girl in both Genesee and Orleans counties.

He pleaded guilty to second-degree rape in Orleans County Court on July 22. He is scheduled to be sentenced by Judge James Punch on Oct. 28.

Today, The Daily News of Batavia reports that Genesee County Judge Robert C. Noonan sentenced Stanley to 22 years in prison. He was sentenced to 15 years in prison for attempted first-degree rape and seven years for second-degree rape. The sentences are to be served consecutively.

Holley woman accepted into drug court

ALBION – A Medina man was put in jail today on $100,000 bail after he was arraigned by Orleans County Court Judge James Punch.

William Cruz, 41, of Medina has been charged with third-degree robbery, third-degree assault and petty larceny.

He has two prior felonies, nine misdemeanors and three times before failed to appear at scheduled court appearances, District Attorney Joe Cardone told Punch in court today.

Cruz allegedly beat up a customer outside the VFW in Medina on March 15 and then took the victim’s money.

Punch issued an order of protection for the victim. He also assigned the public defender to represent Cruz, who said he didn’t have any income to hire an attorney.

The judge also accepted Michele Skeps, 42, of Holley into the drug court program, which requires she stay drug-free or face sanctions.

Skeps admitted in court she was in a deep sleep all day on March 22, 2012 and was unable to care for her children. She pleaded guilty to endangering the welfare of a child.

That charge will be dismissed if she successfully completes the drug court program, which will take at least a year. If she does not complete the program, Punch could sentence her to up to a year in jail for endangering the welfare of a child.

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 – 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 – 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 – 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.

Joyce Powell allegedly wrote a song about the crime in 1992

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.

Holley man sentenced to state prison for repeated DWIs

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.

DA waiting on blood tests in Carlton murder

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.