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Medina man arraigned on criminally negligent homicide for fatal accident in Clarendon

By Tom Rivers, Editor Posted 6 December 2018 at 8:32 pm

ALBION – A Medina man was arraigned in Orleans County Court this morning for criminally negligent homicide.

Kevin Lupiani, 40, allegedly failed to stop at a stop sign on July 24. He was driving a 1994 Ford flatbed truck at 10:30 p.m. that day when he allegedly caused the accident that resulted in the death of Matthew Gardner, 25, of Hamlin.

Lupiani pleaded not guilty to the charge, an E felony which carries a maximum of 1 1/3 to 4 years in state prison.

In other arraignments before Judge Sanford Church this morning:

• An Albion man who allegedly broke into his ex-girlfriend’s residence was arraigned on several charges for crimes on Oct. 24-26.

Brian Beach, 47, was to stay away from the woman, who had an order of protection against Beach.

Albion police sent their K-9 to the residence and Beach allegedly tried to punch the dog.

Beach is charged with two counts of criminal contempt, three counts of criminal mischief in the fourth degree, third-degree assault and petit larceny.

There will be a bail hearing on Tuesday morning, when the judge will also hear an argument from Beach’s attorney, Brian Degnan, that some of the charges should be dismissed because Beach already pleaded guilty in the Town Court and the latest charges represent “double jeopardy.”

Church set bail at $20,000 until Tuesday, when he said he would consider changing the amount. The judge also continued the order of protection for Beach’s ex-girlfriend.

Andrew Walch, 33, of Holley was arraigned on two counts of driving while intoxicated, driving while ability impaired, criminal possession of a controlled substance in the seventh degree and unlawful possession of marijuana.

He was charged on Sept. 21 when he was allegedly driving after using alcohol, cocaine and marijuana. He registered a Blood Alcohol Content of .10 percent.

The judge set bail at $2,500.

Robin Miller, an inmate at the Albion Correctional Facility, was arraigned for aggravated harassment of an employee for allegedly throwing urine at a corrections officer. The E felony has a maximum sentence of 1 1/3 to 4 years in state prison.

The judge set bail for Miller at $20,000. She isn’t scheduled to be released until 2020.

Angela Fields of Syracuse was arraigned for promoting prison contraband in the first degree and second degree for allegedly bringing Suboxone and other pills to the Albion Correctional Facility. She also was charged with criminal possession of a controlled substance in the fifth degree.

Judge Church set bail at $20,000 for Miller, who has a previous felony and failure to appear in court.

Najah Fields, an inmate at the Albion Correctional Facility, was arraigned for promoting prison contraband in the first and second degree. She allegedly had Angela Fields bring the Suboxone and pills to the prison.

Najah Fields is due to be released on Dec. 28. The judge set bail at $20,000.

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