county court

Albion man pleads guilty to reckless endangerment for firing shots at pizzeria

By Tom Rivers, Editor Posted 13 April 2021 at 10:30 am

ALBION – An Albion man pleaded guilty in Orleans County Court last week to first-degree reckless endangerment for firing two shots from a rifle on Jan. 2, 2020 at Roadies Pizzeria and Sports Bar on Route 98 in Carlton. One of the rounds was recovered inside the pizzeria and sports bar.

Scott Foley, 53, also pleaded guilty to criminal possession of a weapon in the second degree and driving while intoxicated. He will be sentenced on June 9 and could face a maximum of 4 ½ years in state prison plus two years of post-release supervision.

Foley had rejected previous plea offers and a trial was supposed to start April 21. But Foley agreed to a plea agreement last week.

Foley was at Roadies on Jan. 2, 2020 and was asked to leave by one of the co-owners after a “disturbance,” DA Joe Cardone said in court on Feb. 20, 2020. Foley left and returned, allegedly shooting a rifle from the parking lot.

Cardone, in a previous court appearance, said Foley showed a depraved indifference to human life by firing the rifle twice from his vehicle in the parking lot.

Lockport drug trafficker pleads guilty in federal court

Posted 29 March 2021 at 5:34 pm

Haney was part of trio that allegedly supplied drugs in fatal overdose of Medina man

Press Release, U.S. Attorney James P. Kennedy, Jr. of Western District of New York

BUFFALO – U.S. Attorney James P. Kennedy, Jr. announced today that Bruno J. Haney, II, 32, of Lockport, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, heroin, fentanyl, and butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and $1 million fine.

Editor’s Note: Haney is part of a trio that allegedly provided the drugs in a fatal overdose of a Medina man in March 2017.

Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between April 2017 and March 2019, the defendant organized and led a drug trafficking organization, which included co-defendants Marissa L. DeCarlo, his girlfriend, who allegedly collected drug money for Haney, and James O. White, whom Haney allegedly supplied with drugs.

On June 16, 2017, the Niagara County Drug Task Force executed a state search warrant at the defendant’s residence on Prospect Street in Lockport. Investigators recovered several bags containing butyryl fentanyl, hydrocodone/acetaminophen and alprazolam pills, $515 in U.S. currency, two packages of black rubber bands, a box of waxed baggies, a digital video recorder, and a digital scale.

On January 18, 2019, Haney was arrested, and a search warrant was executed at a residence at East Avenue in Lockport. During that search, investigators recovered quantities of fentanyl, a mixture of heroin and fentanyl, marijuana, $978 in U.S. currency, a digital scale, numerous tablets, and plastic baggies.

On February 12, 2019, defendant was charged by a criminal complaint, and on February 28, 2019, he was released from custody on various conditions, which included that he not commit any offense in violation of federal, state, or local law. On March 7, 2019, another search warrant was executed at Haney’s residence on Prospect Street, during which a ziplock bag containing a mixture of heroin and fentanyl, $373 in U.S. currency, and a digital scale were recovered.

Charges remain pending against defendants White and DeCarlo. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by the  Niagara County Drug Task Force and the Niagara County Sheriff’s Department, the Niagara County District Attorney’s Office, the Orleans County Major Felony Crime Task Force, the Orleans County District Attorney’s Office, Homeland Security Investigations, the Drug Enforcement Administration and the Lockport Police Department.

Sentencing will be scheduled at a later date.

Orleans schedules first jury trial during pandemic, set to start April 21

By Tom Rivers, Editor Posted 5 March 2021 at 11:56 am

Albion man allegedly fired shots at pizzeria in Carlton

ALBION – Orleans County Court has scheduled a jury trial next month, the first during the Covid-19 pandemic.

Scott Foley, 53, faces charges of reckless endangerment in the first degree, criminal possession of a weapon in the second degree.

Last September he rejected a plea offer with a cap of five years in state prison.

He allegedly fired two shots from a rifle on Jan. 2, 2020 at Roadies Pizzeria and Sports Bar on Route 98 in Carlton. One of the rounds was recovered inside the pizzeria and sports bar.

Foley was at Roadies and was asked to leave by one of the co-owners after a “disturbance,” DA Joe Cardone said in court on Feb. 20, 2020. Foley left and returned, allegedly shooting a rifle from the parking lot.

Cardone, in a previous court appearance, said Foley showed a depraved indifference to human life by firing the rifle twice from his vehicle in the parking lot.

In other cases recently in Orleans County Court:

• A Lyndonville man was arraigned on Feb. 10 for one count of aggravated cruelty to animals. Stacy Baker, 44, allegedly beat a 3-month-old pit bull to death last Aug. 10.

• A Buffalo man was arraigned on Feb. 24 for criminal sex act in the third degree and endangering the welfare of a child.

Edward Locks, 58, of Buffalo allegedly had sexual contact with a 16-year-old boy at the KOA campground in Ridgeway last August.

Florida man pleads guilty in credit card scheme that included Orleans County

Posted 24 February 2021 at 3:45 pm

Press Release, United States Attorney James P. Kennedy, Jr. – Western District of New York

BUFFALO – U.S. Attorney James P. Kennedy, Jr., announced today that Giosdeivy Duarte Torresilla, 31, of Miami, Florida, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to commit bank fraud. The charge carries a maximum penalty of 30 years in prison, and a fine of $1,000,000.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that in January 2017, the defendant traveled with four co-conspirators from Miami, Florida, to Hamburg, NY. Torresilla then provided his co-conspirators with numerous counterfeit access devices, which consisted of gift cards that the defendant had re-encoded with account numbers for actual credit card or debit card accounts at multiple financial institutions, including banks and credit unions.

Torresilla obtained the account numbers unlawfully by “skimming” them from payment terminals at gas station pumps. The co-conspirators used 129 different counterfeit access devices to purchase gift cards at various Walmart stores in Erie, Niagara, and Orleans counties. After purchasing the legitimate Walmart gift cards, the co-conspirators sent the gift card numbers to a co-conspirator in Miami, Florida. The gift cards were worth $120,689.02.

The plea is the result of an investigation by the United States Secret Service, under the direction of Acting Special Agent-in-Charge Acting Thomas A. Braun.

Sentencing is scheduled for May 6 at 3:30 p.m. before Judge Geraci.

3 arraigned in Niagara County Court in connection to death of Medina woman

By Tom Rivers, Editor Posted 19 January 2021 at 9:17 pm

Cheyenne Farewell, 20, was shot during a Halloween party in Lockport on Oct. 17

LOCKPORT – Three people were arraigned in Niagara County Court today in the death of a Medina woman and for five others who were wounded at a Halloween party on Oct. 17.

Two adolescents were charged with second-degree murder of Cheyenne Farewell, 20, who was shot at the Halloween party in Lockport. The five other people who were wounded by gun shots include two current Medina High School students.

Two adolescents were arraigned for second-murder, District Attorney Brian Seaman said. The two adolescents also face multiple counts of assault in the first degree, assault in the second degree, reckless endangerment, and criminal possession of a weapon.

Jonathan Frey, an adult, was charged with one count of hindering prosecution in the first degree for his participation in the offenses, Seaman said.

The two adolescents are being held on $500,000 bail. All three defendants remain in custody, Seaman said.

First Assistant District Attorney Doreen Hoffmann and ADA Mary-Jean Bowman are prosecuting the case. The next court date is Feb. 16 for a discovery compliance conference.

Medina man sentenced to 12 ½ years in prison on drug and gun charges

Staff Reports Posted 18 November 2020 at 6:36 pm

BUFFALO – A Medina man was sentenced to 12 ½ years in prison today by a federal judge.

Anthony Allee, 29, was convicted of possessing with intent to distribute, and distributing, cocaine, and unlawful possession of a short-barreled shotgun in furtherance of drug trafficking. Allee was sentenced by U.S. District Judge John J. Sinatra, Jr.

The office of U.S. Attorney James P. Kennedy, Jr. said that Allee and his wife, Tashira, used their Ridge Road residence in Medina to store, sell, and use marijuana, hydrocodone, and cocaine between April 2019 and July 22, 2019.

Anthony Allee also possessed various firearms in furtherance of his drug trafficking in order to protect himself, his drugs, and his drug proceeds, said Assistant U.S. Attorneys Justin G. Bish and Jeremiah E. Lenihan.

On July 22, 2019, a state search warrant was executed at the residence. Investigators seized multiple firearms, ammunition, numerous articles of stolen property, approximately 73 grams of marijuana, 247 hydrocodone pills, cocaine residue located on a working digital scale with a razor blade, two additional digital scales, a vacuum sealer with bags, and knotted baggies.

Tashira Allee was previously convicted and sentenced to three years probation and 100 hours of community service.

The sentencing is the result of an investigation by the Orleans County Sheriff’s Office; Homeland Security Investigations; the Niagara County Drug Task Force; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the New York State Police; and the Orleans County District Attorney’s Office.

2 charged with drug distribution and sales from NYC to Albion

By Tom Rivers, Editor Posted 10 November 2020 at 2:59 pm

ALBION – Two people were charged on Sunday after an investigation into the sale and distribution of crack cocaine from New York City to the Village of Albion, the Orleans County Major Felony Crime Task Force reported today.

Hector M. Mendez

The Task Force, the Albion Police Department and the Orleans County Sheriff’s Office executed a search warrant at 11 West Academy St. in Albion. Albion police K9 handler Nathaniel Staines and his K9 partner Badger also assisted in the search warrant execution.

Police seized over 100 individual bags of crack cocaine packaged for sale with a total weight of approximately two ounces, as well as cash, scales, packaging and other drug paraphernalia.

The following were arrested on felony drug charges:

Hector M. Mendez, 39, of the Bronx was charged with 2 counts of criminal possession of a controlled substance in the third degree, which are Class B felonies.

Michelle L. Preston

Michelle L. Preston, 54, of 11 West Academy St. Apt. A, Albion was charged with 2 counts of criminal possession of a controlled substance in the third degree.

The Task Force said further arrests and charges are pending in this investigation.

Preston, due to her previous criminal history, was arraigned in Orleans County Court by County Court Judge Sanford Church and released with her returning back to the Albion Town Court on Nov. 24 at 9 a.m.

Mendez was issued and appearance ticket due to the New York State bail reform and is to appear back to the Albion Town Court on Nov. 18 at 9 a.m., the Task Force said today in anews release.

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2 arraigned in County Court for 2nd-degree assault

By Tom Rivers, Editor Posted 4 November 2020 at 11:05 am

ALBION – Two Orleans County residents were arraigned this morning in County Court for second-degree assault.

Lawrence Guy, 44, of Holley allegedly assaulted a tenant at the Holley Hotel on Sept. 2, causing a broken jaw and head injury.

County Court Judge Sanford Church cited Guy’s previous criminal history in setting bail at $5,000 cash or $10,000 bond.

Jamal Poole, 26, of Medina also faces second-degree assault for allegedly striking his girlfriend on Aug. 11, causing a collapsed lung and chest injury.

No bail was set because he doesn’t have a prior criminal history.

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Ridgeway man arraigned in County Court for assault on girlfriend, escape at jail

By Tom Rivers, Editor Posted 2 November 2020 at 5:58 pm

ALBION – A Ridgeway man who was being transferred to the Orleans County Jail on Sept. 5 and bolted from Sheriff’s deputies and corrections officers was arraigned in County Court for escape.

Joseph J. Motzer, 27, of Ridgeway also was arraigned last Wednesday for second-degree assault and aggravated criminal contempt. He was charged on the morning of Sept. 5 after he allegedly assaulted his girlfriend, who was 8 months pregnant. He allegedly choked her using an electric cord.

He was taken by a Sheriff’s deputy to the Orleans County jail that morning. When he was in the process of being turned over to the jail staff, Motzer allegedly took off running with his hands cuffed behind his back.

He was taken into custody at about 10:30 a.m. on Sept. 5 after he was found hiding under a picnic table in the backyard of a residence on South Main Street near the Main Street Thrift Store.

Orleans County Court Judge Sanford Church set bail at $10,000 cash and $20,00 bond for Motzer during the arraignment last week.

In other cases:

• A Kendall man pleaded guilty to driving while intoxicated, third-degree aggravated unlicensed operation of a motor vehicle and criminal mischief in the fourth degree.

Lazaro Botello, 29, was charged on May 12 for DWI on West Park Street in Albion. He admitted in court to drinking a six-pack of beer before driving. He also admitted to trying to force himself into a house and damaging the door.

He was driving without a license on may 12 after his license had been revoked due to a prior DWI.

As part of a plea agreement, Botello could face a maximum of 4 years in state prison when he is sentenced on Jan. 6.

Allan Gray, 47, of Albion was arraigned for driving while intoxicated and first-degree aggravated unlicensed operation of a motor vehicle in the first degree.

He was charged on Aug. 16 in the Town of Kendall.

Albion CO who pled guilty to sex crimes found dead day before sentencing

By Tom Rivers, Editor Posted 29 October 2020 at 8:48 am

ALBION – A former corrections officer who was to be sentenced in Orleans County Court on Wednesday was found deceased at his home the day before he was due in court.

James W. Castonguay, 30, of Amherst pleaded guilty in Orleans County Court on Aug. 6 and could have been sentenced to time in the county jail and on probation.

Castonguay worked at the Albion Correctional Facility, a women’s prison. He pleaded guilty to two counts of criminal sex act against two different female inmates. He admitted in court to forcing two inmates to give him oral sex while he was working at the prison.

Orleans County District Attorney Joe Cardone formally dismissed the charges in court on Wednesday, which is the norm when a defendant dies before a case is concluded.

Castonguay was charged in September 2019 by the State Police with third-degree criminal sexual act, official misconduct and third-degree rape.

Castonguay also was one of several corrections officers named in a $25 million federal lawsuit that alleges cover-ups of rape and sexual assault reports at Albion Correctional, Bedford Hills, Lakeview Shock Correctional and Taconic Correctional.

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Batavia man facing attempted murder charge in Genesee arraigned on other felonies in Orleans

By Tom Rivers, Editor Posted 22 October 2020 at 11:40 am

ALBION – A Batavia man facing attempted murder charges in Genesee County was arraigned in Orleans County Court on Wednesday for several felony charges.

Jamie Dutton

Jamie Dutton, 28, has been charged with second-degree attempted murder for an Aug. 25 stabbing. Dutton allegedly stabbed a person in the chest. The victim survived after receiving immediate medical attention. Dutton also has been charged with first-degree assault and third-degree criminal possession of a weapon.

Dutton also faces felony charges in Orleans, including burglary in the first degree, aggravated criminal contempt and assault in the second degree.

He allegedly went to a person’s house who had an order of protection against Dutton. He went to the house without permission. There was also an altercation outside where Dutton allegedly caused the victim to have a collapsed lung.

He is in the Orleans County Jail on $100,000 bail.

In other cases in Orleans County Court on Wednesday:

• A Corfu man pleaded guilty to fourth-degree criminal possession of stolen property in Orleans County Court on Wednesday.

Tony Graber, 41, admitted to having stolen parts from a 1959 Corvette and then selling them. Those parts, taken from a Corvette in Barre, are valued at $9,960.

Graber pleaded guilty to criminal possession of stolen property in the fourth degree, which was a break from the original charge in the third degree. Instead of facing a maximum of a 2 to 4 years in state prison as a second-felony offender, he will face a maximum of 1 ½ to 3 years in prison when he is sentenced on Jan. 13, 2021.

• A former inmate at the Albion Correctional Facility was sentenced by Judge Sanford Church to 9 months in the Orleans County Jail for bringing Suboxone into the prison.

Stacey Haley of Massena in St. Lawrence County was sentenced for promoting prison contraband. She secreted Suboxone strips while in prison on August 2018.

She has since been released from the women’s prison in Albion. She has since completed a drug treatment program.

“I apologize for my past behavior,” she told the judge during sentencing. “I really humiliated myself. I won’t do it again.”

• Two codefendants from Batavia were arraigned on two counts each of burglary in the third third degree, petty larceny and criminal mischief in the fourth degree.

David Brusie, 47, and Courtney H. Kelley, 33, were doing property maintenance work for Wells Fargo when they allegedly entered a house on Norway Road in Kendall and Ryan Road in Shelby and took copper from the houses. They entered the houses without permission, according to the district attorney’s office.

• Also in court the previous day on Tuesday, Samantha Wroblewski, 31, of Batavia was arraigned for fourth-degree criminal possession of a stolen property.

Wroblewski and a codefendant, Judd Farewell, allegedly possessed stolen copper supply lines taken from a Maple Ridge Road building. That copper was worth an estimated $1,500.

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Brockport woman pleads guilty in opioid-related death of Albion man

By Tom Rivers, Editor Posted 17 October 2020 at 9:14 am

BROCKPORT – A Brockport woman pleaded guilty on Thursday to manslaughter in the second degree for causing the death of a 21-year-old Albion man.

Kelsey Sponaugle

Kelsey Sponaugle, 23, admitted to providing drugs to Tyler Ward at a residence in Brockport. He died on Sept. 9, 2019.

Sponaugle was indicted on February 25, 2020, after an investigation by the Monroe County Heroin Task Force and the Brockport Police Department.

“Today’s admission is the result of the commitment of the Monroe County District Attorney’s Office to fight illegal opioids in our community as well as the thorough investigation conducted by the Monroe County Heroin Task Force and the Brockport Police Department,” Assistant Monroe County DA Jennifer Kennedy said on Thursday. “We hope that with today’s admission of guilt, others will think twice before using and providing illegal narcotics in our community and Tyler’s friends and family can move forward with their grief.”

Sponaugle will be sentenced at a later date in front of New York State Supreme Court Justice Judith Sinclair. The case was prosecuted by Monroe County Senior Assistant District Attorney Jennifer Kennedy of the Special Investigations Bureau.

“The pandemic that has encompassed 2020 has only made it worse for those struggling with opioid addiction,” said Monroe County District Attorney Sandra Doorley. “Holding dealers and those who are pushing opioids accountable for taking advantage of those who are struggling with substance abuse disorder is one way we can help in the fight against this epidemic. After several homicide charges over the past three years, we hope that the message has spread to dealers that we will hold them accountable for promoting these life-threatening opioids in our community.”

Ward worked as a carpet and flooring installer for Anderson Carpet & Flooring in Brockport. He was a talented artist and loved to draw. He also was a history buff and in his spare time loved listening to music, especially The Doors and Nirvana.

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Rochester man arraigned in County Court for burglary, violating order of protection

By Tom Rivers, Editor Posted 14 October 2020 at 3:58 pm

ALBION – A Rochester man was arraigned in Orleans County Court this morning on six felony charges plus two misdemeanors.

Terrance T. Rowe, 23, allegedly violated an order of protection on multiple occasions, entering a person’s house he was legally to have no contact with.

Rowe also allegedly sent this woman threatening text messages.

He was arraigned in court today on two counts of second-degree burglary (for entering the home of a person with an order of protection), four counts of criminal contempt in the first degree, and two counts of aggravated harassment in the second degree.

The alleged incidents occurred between February and May. Rowe has been in Orleans County Jail with bail set at $5,000 cash and $10,000 bond. Judge Sanford Church said he would continue bail at those levels.

District Attorney Joe Cardone also presented a plea offer to Rowe to plead guilt to attempted burglary in the second degree and criminal contempt in the first degree with a maximum prison sentence of five years.

Also in County Court this morning:

Judd Farewell, 29, of Maple Ridge Road in Medina was arraigned on third-degree burglary, criminal possession of stolen property in the fourth degree and grand larceny in the fourth degree.

In February, he allegedly entered a building on Maple Ridge Road without permission and stole copper supply lines worth an estimated $1,500.

Farewell is currently being held in Genesee County Jail on charges in that county.

Ebony Grahampryor, an inmate at Albion Correctional Facility, was offered a plea deal. If she pleads guilty to attempted promoting prison contraband in the first degree she will face a maximum of 1 ½ to 3 years of additional time in state prison.

She allegedly had Buprenorphine at the prison. Buprenorphine is often used to prevent withdrawal symptoms from opiate drugs. She has time to consider the plea offer.

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Man sentenced in County Court to 10 years probation for third-degree rape

By Tom Rivers, Editor Posted 14 October 2020 at 12:47 pm

ALBION – A Cobleskill man, 36, was sentenced this morning to 10 years of probation and also will be a registered sex offender for having sex with a 16-year-old girl.

Ronald R. Cook Jr. pleaded guilty on July 29 to one count of third-degree rape. As part of that plea, he could have faced up to six months in jail and 10 years of probation.

Cook met the girl through a 4-H rabbit program. The girl wasn’t from Orleans County but the crime occurred at the Orleans County 4-H Fairgrounds, said District Attorney Joe Cardone.

Cook has no prior criminal history. He said he takes “100 percent responsibility” for the crime. He asked in court today that he be allowed to continue to work full-time because he is his family’s sole provider.

Cook’s daughter participated in a 4-H rabbit program. Cook said he is no longer part of the program.

Joanne Best, the public defender, also asked County Court Judge Sanford Church to not make incarceration part of the sentence so Cook can continue with his job. If Cook violates any terms of his probation, he could be sentenced to incarceration, Best said.

He will appear in County Court again on Nov. 2 for Church to determine what level Cook will be registered as a sex offender.

The judge also fined Cook $1,000 for the crime and assessed $375 in other court and sex offender surcharges.

In other sentencings this morning:

• A Medina woman had her sentencing adjourned on Oct. 28 to give more time for the court to consider the impact of the sentence with other charges in federal court.

Tashira Allee, 36, of Medina previously pleaded guilty to criminal possession of stolen property in the fifth degree. She could face up to a year in the county jail when she is sentenced.

Allee admitted in a previous court appearance she had a stolen trailer on July 21, 2019.

In court today she agreed to pay $1,500 of restitution.

She is a co-defendant in the case with her husband, Anthony Allee. He also is facing federal charges. He has been charged with possession with intent to distribute, and distribution of, marijuana, hydrocodone, and cocaine, unlawful possession of a machine gun, and unlawful possession of a stolen firearm, which carry a mandatory minimum penalty of 30 years in prison and a maximum of life.

Brook Maynard, 20, of Albion was sentenced to four months of weekends of in jail for a misdemeanor marijuana possession charge. She was also fined $500. She won’t be on probation.

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3 from Orleans sentenced to state prison

By Tom Rivers, Editor Posted 17 September 2020 at 3:59 pm

ALBION – Three people from Orleans County have recently been sentenced to state prison by County Court Judge Sanford Church.

Ronald Riley, 41, of Medina received the longest sentence at four years in prison plus three years of post-release supervision.

He pleaded guilty to attempted criminal sale of a controlled substance in the third degree. He was on parole when he allegedly had and sold cocaine in Medina. He was charged on Oct. 1, 2019.

He was sentenced in County Court on Wednesday.

Also on Wednesday, David R. Tower, 41, of Lyndonville was sentenced to 1 1/3 to 4 years in state prison for felony driving while intoxicated and for violating his probation. He also will be on post-release supervision for one year.

Last week on Sept. 9, Thomas Edgtion, 35, of Albion was sentenced to 1 ½ years of state prison and one year of post-release supervision for criminal possession of a controlled substance in the fifth degree.

He was charged last Dec. 5 for allegedly selling and distributing crack cocaine and powder cocaine in Albion.

In other cases:

Scott Foley, 52, was presented a new plea offer after charges of attempted second-degree murder were withdrawn. Foley now faces charges of reckless endangerment in the first degree, criminal possession of a weapon in the second degree and DWI.

He has until Sept. 23 to decide if he will accept a plea deal with a cap of five years in state prison.

He allegedly fired two shots from a rifle on Jan. 2 at Roadies Pizzeria and Sports Bar on Route 98 in Carlton. One of the rounds was recovered inside the pizzeria and sports bar.

Foley was at Roadies and was asked to leave by one of the co-owners after a “disturbance,” DA Joe Cardone said in court on Feb. 20. Foley left and returned, allegedly shooting a rifle from the parking lot.

Jacob Twardowski, 20, of Albion was sentenced to four months of weekends in the county jail, plus probation. He was charged with criminal possession of marijuana in the second degree for allegedly having 19 ounces of marijuana.

Kelly Morrison, 45, of Medina was sentenced to five years of probation for third-degree attempted arson for allegedly setting her house on fire on May 11, 2019 on Gwinn Street. She also must pay any “reasonable restitution.”

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