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DA makes plea offer to woman who allegedly stole $20k in Lotto tickets

By Tom Rivers, Editor Posted 2 July 2013 at 12:00 am

ALBION – A Medina resident who allegedly stole $20,000 in lottery tickets was offered a plea deal on Monday that would result in no more than six months in county jail plus five years of probation.

Kim Capstick and Orleans County Court Judge James Punch will consider the deal that will come with restitution. Capstick can make an offer on restitution or Punch can set a hearing to determine the amount.

Capstick worked Curvin’s News and Smoke Shop in Medina from February 2011 to June 2012 when the alleged thefts occurred.

She has been charged with one count of third-degree grand larceny and could face 1 1/3 to four years in state prison.


In other cases Monday in County Court:

Judge Punch set $250,000 bail or bond for Robert W. Tetrault, 32, of Albion, who is currently in the Orleans County Jail. During a court appearance June 25 at Albion Town Court, Tetrault allegedly threatened a witness while he was being escorted from the courtroom. Punch also issued an order of protection for that person.

Tetrault was charged in May for second-degree assault, criminal possession of a weapon in the third degree and unlawful possession of marijuana.


A Lyndonville man pled guilty to driving while intoxicated and could face 1 to 3 years in state prison.

Jeremy H. Boyce, 30, of 32 Maple Ave. will be sentenced at 1:30 p.m. on Aug. 19. He was charged on March 31 for driving while intoxicated, failure to keep right, drinking alcohol in a motor vehicle, failure to use an interlock device, aggravated unlicensed operator, aggravated unlicensed operator, resisting arrest and obstructing governmental administration.

Boyce has a prior DWI from Oct. 3, 2011. He faced a sentence of 1 1/3 to 4 years in state prison for the March 31 DWI, but now is looking at a maximum of 1 to 3 years.