Batavia man gets longest punishment at 9 years

Philip R. Ayala

ALBION – Three people were sentenced to state prison today with a Batavia man getting the longest punishment at 9 years of incarceration.

Philip R. Ayala, 30, of Summit Street admitted in a previous court appearance to selling cocaine in Orleans County on March 31. He pleaded guilty on Sept. 14 criminal sale of a controlled substance in the third degree. As a second felony offender, he could have faced a sentence of 2 to 12 years in state prison.

“It’s pretty clear you’re a drug dealer with a very bad record,” said Orleans County Court Judge James Punch. “The only way you will stop is to be incarcerated.”

As part of the plea deal, Ayala’s sentence is capped at 9 years, and Punch gave Ayala the maximum. It will run concurrently as his sentence in Genesee County Court, where Judge Robert Noonan sentenced Ayala to 8 years in state prison in August.

The following were also sentenced this afternoon in County Court:

Philip A. Riley, 32, of Albion was sentenced to 5 years in state prison, the maximum under a plea deal.

Riley on Oct. 5 admitted in court he had heroin and sold it for a profit on April 7. He pleaded guilty to attempted criminal possession of a controlled substance in the third degree. Riley is a second felony offender and has been in the county jail on $100,000 bail since his arrest in July.

A Rochester man with eight alcohol-related offenses was sentenced to the maximum, 1 1/3 to 4 years in prison, for driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

Jeffrey Houghtaling, 50, was arrested in Murray by Holley police on Oct. 25 when he was driving erratically with another person’s ID. He had a Blood Alcohol Content of 0.16 percent, twice the legal limit.

Houghtaling has been in treatment for alcohol and mental health, while keeping a full-time job. He said he has been sober for 14 months.

“I’m 50 years old but I have turned the corner,” Houghtaling told Judge Punch. “My commitment is to stay focused.”

Punch responded that Houghtaling has been on probation at least three times before.

“You have a deep-rooted problem,” Punch said. “I would be irresponsible as a judge to let you out again. It just doesn’t get any worse than this as far as DWI goes.”

Houghtaling also is to install an inter-lock device that measures his BAC when he is released from prison.

A Holley woman was sentenced to 90 days in jail and five years probation. Jennifer McCarthy-Conklin, 39, is a first-time offender. She admitted she had cocaine and sold it from the Holley Hotel on Feb. 27.

She pleaded guilty to criminal possession of a controlled substance in the fifth degree.

“This is a classic case that calls out for probation but also warrants some punishment,” Punch said.

ALBION – A Yates man pleaded not guilty today when he was arraigned in Orleans County Court on fourth-degree criminal possession of stolen property.

Michael P. Silversmith, 57, of Marshall Road was arrested in August after a search of his home by law enforcement agencies. The Orleans County Major Felony Crime Task Force said that some of the property, including a Cub Cadet LTX-1042 KW riding lawn mower and Mercury 9.9 HP outboard boat motor, were stolen from Niagara County.

Silversmith remains free on $25,000 bail.

In another case, Judge James Punch determined a Brockport man is a level 1 sex offender, the least likely to reoffend.

Mitchell Mensing, 30, of Brockport served time in prison after pleading guilty in June 2011 to knowingly possessing child pornography.

He allegedly possessed in excess of 600 images of child pornography which were found on two computers he owned.

During a risk assessment hearing this afternoon, Mensing said he is undergoing counseling. He also has a full-time job and is married.

Judge Punch said he couldn’t give Mensing a higher rating based on the scoring system set by the state.

“You have a very serious problem and the most important thing is that you deal with it,” Punch told Mensing. “Children are victimized for a profit and you are an accomplice.”

Punch told Mensing to never view child pornography again.

“If you have to take a sledgehammer to your computer, then do it,” Punch said.

ALBION – A Holley boy who will turn 18 next week was sentenced to 1 1/3 to 4 years in state prison today for first-degree rape.

The boy was granted youthful offender statue so Orleans Hub won’t publish his name. He allegedly had sex with his sister when she was 10.

The crimes, however, go back several years, District Attorney Joe Cardone said in court today.

Dominic Saraceno, the boy’s attorney, said the crimes started when the defendant was 12 and continued until he was 17.

“He feels tremendous amount of guilt for what he did,” Saraceno said during sentencing today.

He asked the judge for leniency, considering the crimes started when the boy was 12.

“This is an appalling crime,” said Orleans County Court Judge James Punch. “The fact that it went on for a period of years is not a mitigating factor but an aggravating factor. Clearly state prison is warranted.”

The judge issued an order of protection for the victim. Because the boy is a youthful offender, he won’t be included on the sex offender registry.

ALBION – Two people facing multiple felony counts appeared in Orleans County Court today and Judge James Punch set bail at $100,000 for both of them.

Terry Holloway Jr., 32, of 404 East Oak Orchard St., Medina was arrested on Aug. 1 on drug and weapons charges.

He was arraigned today in County Court on two counts each of third-degree criminal sale and criminal possession of a controlled substance, as well as third-degree criminal possession of a weapon in the third degree.

Holloway is accused of being involved in the sale and distribution of heroin, crack cocaine and the sale of an AR-15 semi-auto assault rifle with over 200 rounds of ammunition, the Orleans County Major Felony Task Force reported.

Holloway has a prior felony for criminal possession of a controlled substance, as well as prior misdemeanor crimes, District Attorney Joe Cardone said.

Holloway was among 20 people arrested in drug sweep during the summer by the Task Force and other law enforcement officers.

Joshua L. Miller also was among those arrested in that sweep. Miller, 35, of 4706 East Shelby Rd., Medina is accused of manufacturing and distributing methamphetamine in Orleans County.

He was arraigned this afternoon on criminal possession of a controlled substance in the second degree, unlawful manufacturing of methamphetamine in the third degree, and criminal possession of precursors of methamphetamine.

Miller has a prior felony and five prior misdemeanors, Cardone said.

Both Miller and Holloway are currently in jail.

Donald Stirk could be sentenced to 20 years in prison

BUFFALO – U.S. Attorney William J. Hochul Jr. announced today that Donald Stirk, 36, of Albion pleaded guilty to importing αPVP into the United States before U.S. District Judge Elizabeth A. Wolford.

The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Stirk was arrested in April for importing synthetic drugs. Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on March 5, 2015, Customs and Border Protection officers in Memphis, Tenn. conducted a routine inspection of a package mailed from China and addressed to the defendant “Donald Starks” in Albion.

The contents of the package were listed as “Betaine HCL,” a dietary supplement. Further inspection revealed the package actually contained Alpha-PVP, a Schedule I controlled substance, the U.S. Attorney’s Office reported.

Law enforcement officers on March 13 determined there was another package from China addressed to “Donald Starks” at the Albion Post Office. Further inspection revealed the package contained Alpha-PVP, according to Hochul’s office.

As the investigation continued, law enforcement officers continued to identify more packages from China intended for Stirk. On April 15, 2015, officers performed a controlled delivery of several of the packages to Stirk at his Albion residence on Route 31 and then executed a search warrant at the residence revealing an additional quantity of αPVP.

According to Hochul’s office, the defendant purchased the chemicals to help him with his mental illness. Stirk also sold the chemicals to another individual, the U.S. Attorney’s Office reported.
The plea by Stirk is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

Sentencing is scheduled for March 23, 2016 at 11 a.m. before Judge Wolford.

ALBION – A jury in Orleans County today found a Brockport man guilty of 13 counts of second-degree rape against a 13-year-old girl from Holley.

Matthew M. Edwards, 29, of West Ridge Road was accused of having sex with the girl in the Village of Holley between July 4 and Aug. 30, 2014. Edwards also allegedly provided the girl with drugs and alcohol, according to the District Attorney’s Office.

In addition to second-degree rape, Edwards was found guilty of 13 counts of criminal sexual act in the second degree and one count of endangering the welfare of a child.

The jury found him not guilty of five counts of unlawfully dealing with a child in the first degree.

Edwards could be sentenced to up to 7 years in state prison for each count of second-degree rape, although the maximum sentence would be about 20 years. Judge James Punch will sentence Edwards at 2 p.m. on Feb. 29.

The trial started last Wednesday and concluded today at about 4 p.m. when the jury returned its verdict.

Edwards was jailed last January on $200,000 bail. Judge Punch revoked bail after the jury’s verdict.

“I know this is a difficult case,” Punch told the jury. “I appreciate the work you put into it.”

ALBION – A Lockport man pleaded guilty today in Orleans County Court to attempted assault in the second degree.

Markel Hill, 25, could face up to 1 ½ to 3 years in state prison when he is sentenced on March 14. The charge normally carries a maximum to 2 to 4 years in state prison. If Hill’s sentence is longer than 1 ½ to 3 years, he can withdraw the plea and go to trial.

He admitted in court today he punched a woman in the face on Oct. 9, 2014. He was arrested by the Medina Police Department and charged with second-degree assault.

The woman who was punched in the face suffered a broken jaw and needed surgery. Her mouth was wired shut. She continues to suffer pain from the injury, District Attorney Joe Cardone said.

Judge Punch could also issue an order of protection, and require a DNA fee and surcharge when Hill is sentenced.

ALBION – Two people pleaded guilty in Orleans County Court on Monday and could be sentenced to state prison in February.

A Holley woman admitted to bringing a controlled substance into the Orleans County Jail on Oct. 1. Stephanie M. Rauch, 27, of North Main Street pleaded guilty to attempted promotion of prison contraband in the first degree and could face up to 4 years in state prison when she is sentenced on Feb. 22.

Rauch tried to bring suboxone into the jail to give to an inmate. She was stopped at the jail gate. The substance was tested at the Niagara County Sheriff’s Department lab and found to a controlled substance and narcotic, District Attorney Joe Cardone told Judge James Punch.

Rauch has a prior misdemeanor. She remains free on $1,000 bail.

An Albion man pleaded guilty to driving while intoxicated and could face a maximum 1 to 3 year sentence in state prison.

John L. Sunday Jr., 46, of Crandall Road said he drank about nine beers on the evening of July 25. His Blood Alcohol Content was .19 percent, more than twice the legal limit of .08 percent, according to the BAC test from a Medina police officer.

Sunday has a prior DWI conviction in Ridgeway from Aug. 23, 2010. He will be sentenced on Feb. 22.

Judge decides against prison for man recovering from serious injuries

ALBION – A Holley man was sentenced to 1 1/3 to 4 years in state prison today for attempted assault in the second degree.

William Nichols, 22, admitted to the crime during a September appearance in Orleans County Court. He said he hit another man with a BB Gun during a fight at the Public Square in Holley on May 8. The incident left the other man with a gash to the head and check, and head aches, forcing him to miss work, Assistant District Attorney Susan Howard told Judge James Punch in September.

Nichols also admitted to punching another man with his fists during a fight on June 13.

Nichols apologized for the incidents in court today.

“There’s no excuse for what I did, your honor,” Nichols told Judge Punch. “I let the drugs get the best of me.”

Nichols was represented in court by attorney Dominic Saraceno, who said Nichols gets into trouble when he uses illegal drugs.

The judge issued orders of protection for the victims in the crimes. He said Nichols has a long and serious criminal history. He has been in jail since May.

In another sentencing, James Herring III, 25, of Albion was spared prison and probation. He was given a conditional discharge and can avoid prison as long as he doesn’t break any laws over the next three years.

Herring has had his sentencing adjourned several times due to serious injuries he sustained about a year ago. The judge wanted to see if Herring would regain cognitive function, but that hasn’t happened enough for Herring to be sentenced to either prison or probation.

Herring is accused of selling cocaine on May 22, 2013. He faced up to 2 ½ years in state prison. He pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

“There are profound cognitive disturbances here,” Punch said in court today. “State prison is not going to work here given the current condition of the defendant.”

Punch said Herring is unlikely to reoffend. If he does, he will be sent to prison, Punch said.

Herring will need to appear before Punch every two months in the next year with Feb. 8 the first compliance visit.

“I expect you to follow the law,” Punch told Herring, who responded, “Yes, sir.”