Press release, U.S. Attorney William Hochul

BUFFALO – Linda Rakonczay, 58, of Middleport, pleaded guilty to wire fraud and filing false tax returns on Wednesday. She appeared before Chief U.S. District Judge William M. Skretny. The charges carry a maximum sentence of 20 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant worked as a payroll coordinator for Orleans Community Health in Medina.

Beginning in 2001 and continuing through 2012, Rakonczay prepared and submitted reports to the organization’s bank instructing the bank to electronically transfer money from the corporate bank account to her personal bank account.

The amount transferred from the organization’s bank account to the defendant’s account totaled $499,563.00. For tax years 2007 through 2012, Rakonczay failed to report such income and failed to pay federal taxes to the Internal Revenue Service totaling nearly $94,000.00.

The conviction is the result of an investigation on the part of Special Agents of Federal Bureau of Investigation under the direction of Special Agent-In-Charge Brian P. Boetig and the Internal Revenue Service, Criminal Investigations Division, under the direction of Toni M. Weirauch, Special Agent in Charge.

Sentencing is scheduled for May 5 before Chief Judge Skretny.

ALBION A Medina man pleaded guilty to breaking into a house on Mill Road in Ridgeway on June 13, and taking guns and defacing them.

Christopher Hollenbeck, 27, could be sentenced to 2 to 7 years in state prison for the crimes. Orleans County Court James Punch could decide a lesser sentence of jail and probation. Hollenbeck will be sentenced March 31.

He has no prior record. Punch reduced the bail from $100,000 to $10,000 at Hollenbeck’s attorney’s request. Shirley Gorman, Hollenbeck’s lawyer, said Hollenbeck helped police locate the guns and has been cooperative.

Hollenbeck told the judge he used a credit card to break into the Mill Road home. His girlfriend Rebecca Bischoff, 26, of Medina drove him to the site and allegedly helped him sell the defaced guns. Her case is going through the court system. She faces four counts of criminal possession of stolen property in the fourth degree and two counts of criminal sale of a firearm in the second degree.

Hollenbeck pleaded guilty today to second-degree attempted burglary and third-degree criminal possession of a weapon.

He faced 24 counts, including burglary, grand larceny, defacing weapons, criminal possession of stolen property and criminal sale of a firearm.

He is accused of taking nine guns, including several hand guns. He admitted in court today he took a .45 Glock pistol and scratched off the serial numbers so he could hide the theft.

ALBION – A 26-year-old man pleaded guilty in Orleans County Court to helping his mother sell hydrocodone and acetaminophen, a narcotics combination.

Josh Nichols could face up to 2 ½ years in state prison after pleading guilty on Monday to criminal possession of a controlled substance in the fifth degree. The judge may decide against state prison and could sentence Nichols to up to a year in the county jail or a lesser sentence.

Judge James Punch will sentence Nichols on March 24 at 2 p.m.

Nichols told the judge he collected money for the hydrocodone combination for his mother, Theresa Nichols. Her son had the drugs on a porch in Albion at 209 North Main St. and directed the buyer to the product.

Theresa Nichols last month pleaded guilty to attempted criminal sale of a controlled substance in the third degree. Nichols, 51, could face up to four years in state prison for selling hydrocodone and other prescription narcotics. She will be sentenced on Feb. 24.

Another one of her sons, David Nichols, also pleaded guilty on Dec. 16 to criminal possession of a controlled substance in the fifth degree. Nichols, 28, admitted to trying to sell prescription narcotics that were rolled into cigarettes.

He could face 1 ½ to 4 years in state prison as a second-felony offender. He will be sentenced on Feb. 10.

In other cases in County Court:

• Kenneth Vanduzer, 25, of Rochester pleaded guilty to petty larceny. He was originally charged with third-degree grand larceny after he took his truck from Orleans Ford in Medina following $11,000 in repairs he didn’t pay for in November 2012.

The charge was reduced after Vanduzer paid restitution. He has no prior criminal history.

• Syed Baity, 19, of 221 Commercial St. in Medina was sentenced to 1 to 3 years in state prison after he violated probation in June 2013.

Baity and two other teen-agers were in a stolen vehicle when they were involved in a high-speed chase in Batavia with city police. Baity was charged with fourth-degree criminal possession of stolen property, second-degree obstructing governmental administration and unlawful possession of marijuana.

Judge Punch recommended shock camp for Baity’s incarceration.

• Alexander Gelo, 22, of Brockport pleaded guilty to criminal possession of a controlled substance in the fifth degree. He could be sentenced to up to six months in jail and five years probation for selling cocaine in Murray on Dec. 1, 2012. He will be sentenced on March 24.

• Jorge Villanueva-Ledesma, 34, of Zig Zag Road pleaded guilty to criminal possession of a controlled substance in the fifth degree. He was among 13 people arrested on various drug and immigration charges in June after an eight-month, multi-agency investigation into the sale of drugs in the Albion area.

Villanueva-Ledesma could be sentenced to up to 2 ½ years in state prison on March 24.

Publio Barcenas, 52, of Zig Zag Road also was charged in that investigation. He pleaded guilty on Monday to seventh-degree criminal possession of a controlled substance and could be sentenced to up to a year in jail.

Kendall man shot wife and set house on fire

ALBION – A Kendall man who shot his wife and set his house on fire was sentenced to 15 years in state prison today for second-degree attempted murder and third-degree arson.

Dennis Buehler, 64, is a sociopath who is profoundly self-centered, Orleans County Court Judge James Punch said during sentencing.

“You are an extremely evil person,” Punch told Buehler.

Buehler declined to speak during the sentencing. In court on Nov. 18, he said he shot his wife Linda with a shotgun on March 4.

“Your intent was to kill her?” Punch asked Buehler in court that day.

“Absolutely,” he replied.

After she was shot in the shoulder, Mrs. Buehler then fled the house, which Buehler then set on fire with propane. The house at 923 Peter Smith Rd. was destroyed by the blaze.

Buehler has told his attorney, public defender Sanford Church, that Mrs. Buehler psychologically abused him. Church said that in court today, but said Buehler chose not to use self defense for the crime.

District Attorney Joe Cardone said Buehler has shown no remorse for his criminal actions.

“This is a very violent individual,” Cardone said in court today. “This is a very self-centered individual.”

The DA said Buehler has “shown nothing but arrogance” through the whole court process.

“I frankly believe if given the opportunity he would do it again,” Cardone told the judge.

Buehler was sentenced to 15 years in state prison for second-degree attempted murder and five to 15 years for third-degree arson. The sentences will run concurrently, the length of the longest sentence.

“It’s frustrating I can’t sentence you to more,” Punch said.

ALBION – A Holley resident faces up to 2 years in state prison after he violated his probation when he had Diazepam (valium), a controlled substance, in June.

Joshua D. Ornt, 26, of Hall Road pleaded guilty in Orleans County Court to seventh-degree criminal possession of a controlled substance.

As part of his probation he was forbidden from having valium or any controlled substances. He obtained the Diazepam from a friend, a drug dealer, Ornt told County Court Judge James Punch in court on Monday.

Ornt also failed to show up for a drug test on Aug. 23 and didn’t have a drug evaluation, which constitute “substantial violations” of probation, Punch said.

Ornt will be sentenced Dec. 23 and faces prison time, plus a year of post-release supervision.

ALBION – A Shelby man pleaded guilty today to a sex crime against four young boys.

Gerald L. Wolter, 37, of Freeman Road did not have intercourse with the boys, but made contact with them, according to statements in court today. Wolter confessed to the crimes, which occurred between January and May 2013.

Wolter faces up to a maximum of 12 years in state prison as part of a plea today to first-degree attempted criminal sexual act, and four counts of endangering the welfare of a child.

Wolter also faces child molestation charges in Niagara County. The Niagara County Court is handling that case.

Wolter is being held in jail without bail. He will be sentenced at 2:30 p.m. on March 17.

Swader

ALBION- James Swader, who is accused of selling narcotics from the Monroe Muffler and Brake in Medina, was sentenced to two years in state prison today by Orleans County Court Judge James Punch.

Swader, 52, of Akron was manager of the Monro Muffler at 11334 Maple Ridge Rd. He pleaded guilty to attempted criminal sale of a controlled substance in the third degree.

He was charged on June 4 with five counts of criminal sale of a controlled substance in the third degree, five counts of criminal possession of a controlled substance in the third degree and five counts of criminal diversion of prescription medications and prescriptions in the fourth degree.

The Orleans County Major Felony Task Force and the Medina Police Department executed a search warrant on June 4 at Monro Muffler following a three-month investigation into the sale and distribution of prescription narcotic pills in Medina.

As a result of the investigation, a search was executed after numerous narcotic buys were conducted inside the business. Police seized prescription narcotic medications, including morphine and oxycodone, which was located inside the manager’s tool box in the garage area of the business, the Task Force reported.

(Editor’s note: This article was updated from an earlier version.)

ALBION – A fourth county department head is retiring, only to return to a management role on a part-time basis.

Craig Lape, the county’s weights and measures director, also manages the fuel farm on West Academy Street. After Lape retires on Dec. 31, the fuel farm duties will be shifted to a secretary in the highway department, whose weekly hours will increase from 35 to 40.

Lape will continue as weights and measures director. He visits stores, markets, warehouses, wholesale houses, gas stations and other businesses to test and verify the accuracy of weighing and measuring devices. The position ensures accuracy in meat, produce and platform scales.

County Legislature Chairman David Callard said the county is fortunate Lape is staying on in the position, at a reduced cost to the county.

He is the fourth department head to reach retirement, and then agree to stay on in a part-time basis.

Wayne Hale retired as planning and tourism director, but has stayed on in a part-time role in the positions. Pam Canham also retired as Office for the Aging director, but continued with the department as an assistant director. Carol Miller also serves as part-time director for job development after she retired from a full-time role in the position.

“Their experience is invaluable,” Callard said. “They’re working at a reduced cost to the county, and we’re still able to deliver the service.”

The part-time retired directors receive their state pensions. They can not earn more than $30,000 in their part-time roles if they want to receive their full pension, according to state comptroller rules, county officials said.

ALBION – A Medina man who admitted to punching a customer outside the VFW in Medina and then taking $200 from the victim was sentenced to 1 1/3 to 4 years in state prison.

William Cruz, 41, pleaded guilty to attempted robbery in the third degree for the crime on March 15. He has two prior felonies and nine misdemeanors.

He was ordered to pay back the $200, plus $740 in the victim’s medical expenses.

“You have a long record,” Orleans County Court Judge James Punch said at sentencing on Monday. “You’ve been given opportunities to deal with alcohol, but you don’t seem to have the backbone to deal with it.”

In other cases at county court:

David Nichols, 28, of Albion admitted to trying to sell prescription narcotics that were rolled into cigarettes.

Nichols said his mother Theresa S. Nichols, 51, of Albion supplied the hydrocodone and acetaminophen that he sold. He pleaded guilty to criminal possession of a controlled substance in the fifth degree.

He could face 1 ½ to 4 years in state prison as a second-felony offender. He will be sentenced on Feb. 10. Punch set bail at $10,000 for Nichols.

His mother pleaded guilty in court last week. She could face up to four years in state prison after she pleaded guilty to attempted criminal sale of a controlled substance in the third degree.

Nichols has another son who was also charged with selling prescription narcotics. Joshua Nichols, 26, of Albion appeared in court on Monday. He was assigned the public defender. He earned too much to qualify for the public defender but was recently laid off from his job.

Brandon Kirby, 26, of Albion could be sentenced to up to a year in jail for failing to install an ignition inter-lock device. That is a violation of his probation.

Kirby faces numerous charges after a crash on Oct. 23 in Clarendon when he allegedly crossed Mansfield Road, onto private property and struck a building owned by Acme Powerwashing Inc., of Holley.

Kirby was charged with Aggravated Unlicensed Operation 2nd Degree, Operating a Vehicle Without an Ignition Inter-Lock Device, Leaving the Scene of a Property Damage Incident, and Failure to Stop for a Stop Sign.

Kirby will be sentenced for the probation violations on Jan. 13.

Botello

ALBION – A Kendall man accused of attempted murder of a state trooper requested that Orleans County Court Judge James Punch recuse himself from the case due to his past history in court with the defendant.

Carlos Botello, 42, has a lengthy criminal history that dates back to when Punch was district attorney. Punch has been the county court judge for 23 years.

Botello was charged with second-degree attempted murder of a state trooper following a traffic stop on Sept. 3. Botello was stopped by Trooper Dan Metz. Botello allegedly attempted to back over the trooper. Metz avoided being struck, but Borello smashed into a state police vehicle.

Botello then fled the scene by vehicle. Metz pursued the suspect until Botello entered into a farmer’s field and became disabled, police reported.

Punch said Botello’s paperwork filed with the court, seeking a recusal from the judge, was “gibberish” and “gobbledygook” that didn’t make a lot of sense.

But the judge said he would consider the substance of the issue, whether his past history with Botello warrants a recusal. But only if Botello consults with his attorney Nathan Pace and makes a strong case for recusal.

Botello in court today said Punch was DA and prosecuted him in a different matter in the 1980s.

“The time has long since dissipated if there is any position of conflict,” Punch responded to Botello.

Punch was the judge in another high-profile case with Botello in 1994. Botello was 23 when he fired six rounds into the home of Deputy Herb McClellan in Kendall.

He has been in and out of the court system several times. In one court appearance, Botello said the judge declared in court if Botello was ever in front of him again, the judge would put him away in prison for a long time. Botello said that is grounds for Punch to recuse himself.

Punch said he wants to see the transcripts from that sentencing, and if he made that statement to Botello, Punch said he would “look at it” and consider the request for recusal.

But Punch said he doubts he would recuse himself.

“I feel I can be fair and impartial,” Punch said in court.

He gave Botello and Pace until Jan. 6 to file a motion for recusal.

Punch said he rarely recuses himself.

“Mr. Botello, I’m the only judge in this county,” Punch said. “I can’t just send it across the hall. I’m only going to recuse when I have to recuse.”