ALBION – A grand jury has found an Orleans County deputy was justified in the fatal shooting of a Wyoming County man who led police on a high-speed chase and then opened fire on responding officers on March 21.

The grand jury this afternoon no-billed Deputy James DeFilipps, finding insufficient evidence that he committed a crime.

DeFilipps was shot twice in the abdomen by James Ellis, 44, of Wyoming. A bullet proof vest may have saved DeFilipps’s life. He suffered deep bruises and is recovering from his injuries.

Ellis was involved in a domestic disturbance prior to the shooting on March 21. He was at an ex-girlfriend’s house in Shelby. Her friends were concerned and called 911 at 2:46 a.m. to report the incident, saying that Ellis had a gun. Police discovered later it was a stolen handgun.

The Sheriff’s Department and State Police were given a vehicle and suspect description. The vehicle was observed eastbound on Route 31A in the Town of Albion. Officers were unable to maintain visual contact with the vehicle due to the suspect’s high rate of speed, Sheriff Scott Hess said at a news conference on March 21.

Responding officers located the vehicle on Route 31A in the Town of Clarendon. DeFilipps was on duty working in the east end of Orleans County.

After Ellis crashed his vehicle, striking a telephone pole, he fled to a wooded area with a .45 caliber handgun. He started firing at responding officers when they reached the scene, a dark stretch of Route 31A, Chief Deputy Tom Drennan said at the news conference on March 21.

The officers couldn’t see Ellis, but heard his gun shots and could tell the bullets were close, Drennan said.

Deputy DeFilipps took cover behind his patrol vehicle, then took further cover into a wooded area near the road. While proceeding to the wooded area, DeFilipps confronted Ellis a short distance away. Ellis shot the deputy twice in the abdomen. DeFilipps returned fire with his weapon, killing Ellis, Hess said.

“The whole thing lasted seconds,” Drennan said during the news conference.

The 23-member grand jury met on Thursday and reviewed the evidence in the case.

“The grand jury heard the evidence and decided not to charge Deputy DeFilipps,” District Attorney Joe Cardone said.

BUFFALO – An Albion man has been arrested for importing synthetic drugs, an alleged crime that carries a maximum penalty of 20 years in prison and a $1 million fine.

U.S. Attorney William J. Hochul, Jr. announced on Monday that Donald Stirk, 35, of Albion has been charged with possession with the intent to distribute and distribution of a Schedule I controlled substance, conspiracy to import and importing a Schedule I controlled substance, and smuggling.

Assistant U.S. Attorney Frank Pimentel, who is handling the case, stated that according to the complaint, on March 5, 2015, Customs and Border Protection officers in Memphis, Tenn., selected a package mailed from China to a “Donald Starks” in Albion, NY for routine inspection. 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.

The complaint further states that on March 13, 2015, law enforcement officers determined there was another package from China addressed to “Donald Starks” at the Albion Post Office. Further inspection revealed the package contained Alpha-PVP. As the investigation continued, law enforcement officers continued to identify more packages from China intended for the defendant.

On April 15, 2015, a search warrant was executed at Stirk’s residence on State Route 31 in Albion. According to the complaint, 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.

Following his arrest, the defendant made an initial appearance on April 17 before U.S. Magistrate Judge Hugh B. Scott and is being held pending a detention hearing on April 23.

The complaint is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy.

ALBION – Three Orleans County residents were sentenced to state prison today by County Court Judge James Punch.

Dylan DiPilato, 26, of Holley was sentenced to 2 years in state prison and 2 years of post-release supervision.

In February, he admitted he was in a house uninvited on Sept. 21. Stolen items were in his backpack. He pleaded guilty to attempted burglary in the second degree.

His attorney, assistant public defender Dominic Saraceno, said DiPilato was in a car accident in 2007 and became addicted to pain killers, which led him to become addicted to heroin and alcohol.

Saraceno and DiPilato both requested an in-treatment program, rather than prison.

“I apologize to the homeowner, to the court system, to my family and to anybody involved by my negative actions,” DiPilato said at sentencing. “I want to say I’m extremely remorseful for what I’ve done.”

Judge Punch said having drug and alcohol problems doesn’t excuse someone from committing crimes. Punch said entering a home uninvited and sifting through their private possessions is a serious offense.

“People want to feel secure in their homes,” Punch said.

In other cases:

An Albion man was sentenced to 1 to 3 years in state prison after being arrested on Aug. 16 for third-degree and fourth-degree criminal possession of a weapon.

Matthew Mudge, 24, admitted in county court in January that he had a loaded .380 caliber automatic pistol on Aug. 16. He said he acquired the pistol at a gun show. Mudge did not have a pistol permit.

He was charged last August following investigation of a “suspicious person” complaint on Bass Road in the Town of Carlton. Mudge said he was lost in Carlton when he knocked on a door looking for directions. A deputy stopped him soon after and did a search, finding the pistol on Mudge.

Saraceno, Mudge’s attorney, said Mudge did not threaten anyone with the gun and he has been a model inmate in the jail.

Punch said Mudge has already accumulated “a fairly serious criminal history in a short period of time.” The judge said Mudge should have known he shouldn’t walk around with a loaded handgun.

An Albion teen was sentenced to 1 to 3 years in state prison for burglarizing an Albion house and stealing two rifles from the home in October.

The 17-year-old was given youthful offender status so Orleans Hub won’t include his name.

The teen faces additional charges for allegedly burglarizing another home on East State Street on March 10.

Today’s sentencing doesn’t include the March 10 crime where the teen faces additional charges of second-degree burglary, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree and petty larceny.

“I feel terrible about it,” the teen told Judge Punch during the sentencing about the October incident.

The judge declined to give the 17-year-old probation, given the recent arrest.

“I don’t think you have the kind of attitude I’m looking for,” Punch said.

An Albion man who was scheduled to be sentenced in November had the sentencing adjourned again, this time until Aug. 17 to give him more time to recover from injuries.

James Herring III, 24, of East State Street is accused of selling cocaine on May 22, 2013. He faces up to 2 ½ years in state prison. He has pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

Herring is in a wheelchair and can’t walk. He is continuing to receive treatment. He thanked the judge for delaying the sentencing so there is more time for recovery.

Albion teens face charges for alleged burglary, Lockport man on assault

ALBION – Three people facing criminal charges for alleged crimes in Orleans County were arraigned this afternoon in county court.

Markel Hill, 25, of Lockport was arraigned for second-degree assault. He was arrested by the Medina Police Department on Jan. 20.

Hill has been free on bail set in Shelby Town Court at $2,500. But County Court Judge James Punch said the $2,500 was “grossly inadequate” because Hill has allegedly committed previous assaults, failed to appear at court dates and also had probation revoked.

Punch set bail for Hill at $20,000.

In another case, two Albion teen-agers were arraigned on charges related to a burglary on East State Street on March 10.

Allen Walls, 17, already faced charges for burglarizing a house and stealing two rifles from the home in October. He now faces additional charges of second-degree burglary, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree and petty larceny. He remains in the county jail.

Lucas Porter, 16, also has been charged in the March 10 burglary. In addition to second-degree burglary, Porter was arraigned on two counts of criminal possession of stolen property in the fifth degree, second-degree criminal mischief, fourth-degree criminal mischief, and two counts of petty larceny.

He is in the county jail on $20,000 bail.

In another case, Judge Punch set the risk level for Marc McCabe as a Level 2 sex offender. McCabe’s attorney, Mark Young, said McCabe should be classified as a Level 1 offender, the lowest level.

However, Judge Punch said McCabe had 600 images of child pornography on his computer, including images of children under age 10, with some images showing “sadistic acts against children.”

Young said McCabe didn’t have direct contact with the children and shouldn’t have the higher risk level. McCabe, an Orleans County native, was living in Tempe, Arizona, when he was sentenced to six years in prison after federal investigators caught him sending child pornography to an undercover agent over the Internet.

“Because of the nature and number of the images, and his constant accessibility of the images I think he is a real danger to the community,” Punch said in assigning Level 2 status.

ALBION – A Gaines resident was sentenced to 1 ½ years in state prison on Monday for drug and grand larceny crimes.

Lee Q. Tisdale, 43, of 2822 Lattin Rd. was arrested last March following a six-month investigation into the sale and distribution of cocaine, ecstasy and methylone “bath salts” in Orleans County.

Tisdale admitted in County Court on Jan. 5 to stealing a Chevy van and selling the drug known as MDMA or ecstasy. He pleaded guilty to fourth-degree grand larceny and fifth-degree criminal possession of a controlled substance.

Judge James Punch sentenced Tisdale to a year in county jail for the grand larceny charge and 1 ½ years in state prison for the drug crime. He will serve the longer of the two sentences.

In two other cases in County Court, a man and woman from Medina both pleaded guilty to related drug crimes.

Both Steven J. Johnson, 35, and Tamara L. Butler, 37, have been accused of selling drugs between June and July.

Johnson pleaded guilty to attempted criminal sale of a controlled substance in the third degree and could face up to five years in state prison when he is sentenced on June 29.

Butler pleaded guilty to criminal possession of a controlled substance in the fifth degree and could be sentenced up to two years in state prison on June 29.

Photo by Tom Rivers – Roy Harriger gets in a vehicle after leaving the courthouse on Jan. 26 when he was found guilty of child molestation.

ALBION – A pastor who was convicted of molesting his grandchildren will be sentenced today at 2 p.m. and could face 25 years or more in state prison.

Roy Harriger, 71, was pastor at Ashwood Wesleyan Church in Lyndonville in 2000 and 2001 when he allegedly abused three of his grandchildren. A jury gave a unanimous verdict on Jan. 26, finding Harriger guilty on two out of three counts of course of sexual conduct, meaning the abuse lasted more than 3 months. Harriger could be sentenced to up to 25 years on each of the two counts.

Harriger’s sons, Robert and George, both testified against their father, saying he abused them when they were children. Their sister, Joy Fanale, testified in defense of her father, saying he never abused her or her children. She was at her parents’ house during some of the time frame when her father is accused of abusing the grandchildren.

Harriger insisted on his innocence during the trial.

Harriger has been in jail since his $250,000 bond was rescinded on Jan. 27. He was most recently the pastor of the Community Fellowship Church in Hartland, which had to have a separate service without children present for him. Judge James Punch on Feb. 10, 2014, said Harriger could go to church as long as there weren’t children there.

District Attorney Joe Cardone said during the trial that Harriger has committed sex crimes going back generations.

Harriger’s sister Nona attended the trial and she addressed reporters after the guilty verdict was announced. She said her brother abused her.

“It all started with me,” she said.

Cardone praised the three grandchildren for their courage in testifying against their grandfather.

“The dysfunction has been going on in this family for generations,” Cardone told the jury during his closing arguments.

“Thank God they’ve had the strength to come to you to put an end to it and it ends right here.”

Roy Harriger maintains innocence at sentencing

Photos by Tom Rivers – Roy Harriger is led through the basement of the Orleans County Courthouse by corrections officer Christopher Shabazz on the way to the elevator and the main courtroom for Harriger’s sentencing at 2 p.m. today.

ALBION – The former pastor of a church in Lyndonville was sentenced to 15 years in state prison today for child molestation.

Roy Harriger, 71, was called “a wolf in shepherd’s clothing,” by Orleans County Court Judge James Punch during sentencing today.

Harriger denied he had sexually abused three of his grandchildren, who testified during his trial in January that he had molested them.

During his sentencing today, Harriger again denied the charges.

“I did nothing of this sort,” Harriger said.

Harriger was pastor of the Ashwood Wesleyan Church in 2000 and 2001, when he is accused of abusing his grandchildren. Many of members at his current church, Community Fellowship Church in Hartland, attended the sentencing in support of their pastor.

Judge Punch and District Attorney Joe Cardone acknowledged numerous letters of support for Harriger.

“There’s no question he has helped a lot of people over the years,” Cardone said in court.

But he also said a jury of Harriger’s peers heard the testimony and evidence against Harriger and found, with a unanimous vote, he had molested two of his grandchildren. (Harriger wasn’t convicted of molesting a third grandchild, who testified against his grandfather.)

“He’s had a tremendous impact on the people he has victimized,” Cardone said. “It’s made this entire family dysfunctional.”

Harriger’s attorney Larry Koss highlighted the many letters on behalf of Harriger. Koss said there was no evidence to support the claims of abuse.

He asked for the minimum sentence for Harriger, who walks slowly and uses a cane.

“He is 71 years old and even with the minimum sentence it is questionable if he would survive,” Koss told the judge. “We recognize that.”

Harriger was convicted of two out of three counts of course of sexual conduct, meaning the abuse lasted more than 3 months. He could have been sentenced to up to 25 years on each of the two counts. Judge Punch gave him 7.5 years for each one – 15 years total in prison plus another 10 years of post release supervision.

After hearing Harriger deny the abuse today, Punch said he didn’t disagree with the jury’s decision.

“I have no quarrel with the verdict of the jury,” Punch said. “Twelve people in a jury of your peers unanimously found you guilty of very disturbing and depraved acts to very young victims who were your grandchildren.”

There were many letters extolling Harriger, but Punch said there were also letters from victims and a presentencing investigation that says Harriger has been sexually abusing people for generations.

Punch said Harriger used his position as a pastor, as a leader in his family and the community, to try to silence the victims.

“The bullying, the use of charisma, the power of your personality were all brought forward to victimize these children and keep them quiet,” Punch said.

He said it was a breach of trust to Harriger’s family, friends, the church and the grandchildren.

“One could say you were a wolf in sheep’s clothing, but you are a wolf in shepherd’s clothing and that’s much worse,” Punch said.

George Harriger and his aunt Nona Blackchief (Roy Harriger’s sister) address the media after today’s sentencing. Both say they were sexually abused by Harriger when they were children.

After the sentencing, Harriger’s oldest son George addressed reporters outside the courthouse. George says he was also abused by his father.

He is thankful his father was sent to state prison, but George wanted a longer sentence to send a message to the victims that speaking out against the perpetrators will put them behind bars for life.

“Justice was definitely served but I feel he got a light sentencing,” George Harriger said. “But he is finally behind bars.”

George said he didn’t speak out when he was being abused.

“He said who’s word do you think they will believe? Yours or mine?” George said about his father.

Harriger’s sister Nona Blackchief also said her brother abused her when she was a girl.

“This has been going on for over 60 years,” Blackchief said.

George wasn’t surprised his father again denied the crimes.

“I wish he would have admitted it, and said he was sorry,” George said. “My kids deserve it, my nieces and nephews deserve it, my aunt and everybody deserves an apology. He needs to own up to it.”

ALBION – A Buffalo man with a previous criminal history was sentenced to 3 years in state prison for selling drugs in Albion.

Timothy Cobb, 31, of 1015 Lafayette Ave., Buffalo, was arrested on June 4, 2014 and charged with numerous drug crimes. He pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Cobb has multiple felonies and misdemeanors in his past, Orleans County Court Judge James Punch said during sentencing this afternoon. He sentenced Cobb to 3 years in state prison and 3 years of post-release supervision.

In other cases:

A Rochester man admitted he sold cocaine from a vehicle on McKinstry Street in Albion on Oct. 6, 2013.

Timothy J. Turner, 33, of 451 Mount Read Blvd., in Rochester, pleaded guilty to criminal possession of a controlled substance in the fifth degree. As part of a plea deal, he will face a maximum of 3 years in state prison when he is sentenced on June 29.

If the sentence exceeds 3 years, Turner can withdraw his plea and go to trial.

A Holley woman admitted she had oxycodone, a prescription narcotic, with the intent to sell it on Dec. 6.

Lauren A. Hennekey, 19, pleaded guilty to CPCS in the 5th degree and CPCS in the 7th degree.

Judge Punch accepted her into Drug Court. If she is successful in the program, the more serious CPCS charge will be dismissed and she will be sentenced to the misdemeanor charge of CPCS in the 7th degree.

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.