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Two men arrested at a Main Street 7-Eleven

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A 23-year-old Lasalle Avenue man was arrested about 1:40 a.m. Tuesday for allegedly throwing store items at a clerk in the 7-Eleven Store at 3211 Main Street, and a 23-year-old Riley Street man was arrested for pulling the suspect out of the rear seat of a police patrol car and beginning to slug him before officers intervened in front of the store.

Joshua Barnes was arrested on charges of criminal mischief and unlawful possession of marijuana found on him after a dispute with the store clerk over a pre-paid credit card that he had tried to use. The clerk expressed alarm but told police Barnes had damaged only about $20 worth of store goods before he was arrested.

Moments after Barnes was arrested and put in the back of a police patrol car, Julian Pearson allegedly opened the door and pulled out Barnes, who was not handcuffed, and they began fighting over some long-standing dispute they had before officers intervened. Pearson was charged with disorderly conduct.

Buffalo firefighters battle two blazes

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Buffalo firefighters battled two blazes overnight, one in South Buffalo and the other in University District, where five adults required assistance from the Red Cross.

The University blaze at 105 Custer near Main Street started in a basement dryer at about 2:30 a.m. and spread to the first and second floors of the structure, fire officials said.

The fire caused a total of $75,000 in damages, and the five occupants of the two-family home were provided with temporary shelter by the Red Cross. No injuries were reported.

The South Buffalo fire at 10:30 p.m. Tuesday caused $130,000 damage to the two-and-a-half story house at 487 Hopkins. No injuries were reported. The cause of that blaze remains under investigation.

That blaze also caused $5,000 exposure to a nearby house on Trowbridge.

DePetris to get new defense lawyer

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LOCKPORT - Timothy C. DePetris, the Niagara Falls businessman who admitted shooting his brother-in-law in an unsuccessful attempt to kill him and then allegedly tried to hire a hitman to finish the job, will receive a new court-appointed lawyer who may work on DePetris’ desire to withdraw his guilty plea.

Niagara County Judge Sara Sheldon Farkas said she will choose an attorney to take over the case in the next few days.

That became necessary after the county Public Defender’s and Conflict Defender’s offices both said they had conflicts of interest that barred them from representing DePetris.

Farkas formally relieved DePetris’ private attorney, E. Earl Key, from the case. Key said April 2 he didn’t approve of attempts to back out of the plea deal. Key sent a colleague, Ann Nichols, to court today to handle the appearance.

Public Defender David J. Farrugia said his office faced a conflict because DePetris is going through a divorce, and one of the part-time assistant public defenders is representing DePetris’ wife in the divorce action.

Farkas said the Conflict Defender’s Office is out of the picture because two of its members are friends of the DePetris family, which includes the shooting victim.

DePetris was charged with firing three shots at his brother-in-law, Sandro Viola, March 26, 2013, at the latter’s business, Integrated Controls USA. DePetris and another man went to the Hyde Park Boulevard plant posing as pizza delivery men.

Viola, now 57, was shot once in the right shoulder. Two other shots missed him.

DePetris, now 45, was arrested four days later when Niagara Falls detective Patrick Stack followed a pickup truck from the parking lot of the Seneca Niagara Casino into a residential neighborhood, and pulled it over after the driver stopped to carry out what looked like a drug deal.

DePetris, the passenger, was found wearing a handgun from a homemade holster around his neck. The truck also contained an assault rifle and 16 magazines of ammunition. About 200 bullets were seized. DePetris was at first charged with violating New York’s SAFE Act, but those charges were dismissed on a legal technicality.

DePetris pleaded guilty to attempted second-degree murder, first-degree assault, first-degree criminal use of a firearm, three counts of second-degree criminal possession of a weapon and one count of second-degree criminal trespass.In exchange for the plea, a second indictment was dismissed, regarding attempts to hire a hitman, based on recorded telephone calls from the Niagara County Jail and information from an inmate turned informant. It could have added another 25 years to DePetris’ sentence. He faces a 25-year maximum on the attempted murder plea.



DePetris was a member of the high-rolling Chairman’s Club at the Niagara Falls casino, and Key previously said the defendant lost more than $1 million gambling there. email: tprohaska@buffnews.com



Two get federal prison terms as drug traffickers; 3rd deported

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A Buffalo cocaine trafficker and a Jamestown heroin trafficker were given stiff federal prison terms this week, and a Toronto Ecstasy pusher who already had been jailed for 45 months was deported.

William Smith, 34, the last of seven cocaine traffickers to be convicted after their 2012 arrests for transporting drugs from Chicago to Buffalo, was ordered by U.S. District Judge Richard J. Arcara to serve a 10-year prison term for drug conspiracy with intent to distribute.

Boris Aguayo-Matos, 35, was ordered to serve a 10-year and one-month federal prison term by Chief U.S. District Judge William M. Skretny on his conviction for conspiracy to distribute heroin and possession of a firearm.

Anthony Ighodaro, 32, of Toronto, was ordered deported by Arcara as the judge sentenced him to time served on his conviction for the importation of Ecstasy pills into this country.

U.S. Assistant Attorneys Carol G. Bridge and Thomas S. Duskiewicz, who handled all three cases, said Smith was arrested on Feb. 13, 2012, after the Buffalo office of the Drug Enforcement Administration received a telephone tip about the scheme in which Smith and his cohorts were bringing about 50 kilograms of cocaine a month to Buffalo from Chicago.

After the arrests, federal agents seized more than $550,000 in cash and about two kilograms of cocaine, drug paraphernalia, four weapons and a Ford Mustang in local raids, Bridge and Duskiewicz said.

Aguayo-Matos was arrested in Celoron by Chautauqua County sheriff’s deputies based on wiretap evidence.

The deputies seized about a half kilogram of heroin and two firearms. Subsequent raids of his Jamestown home and other areas led to seizures of more heroin, and quantities of cocaine, more firearms, several vehicles and about $300,000 in U.S. currency, the prosecutors said.

Aguayo-Matos was the last of eight suspects in that heroin-trafficking ring to be convicted.

Prosecutors said Ighodaro was arrested at the Peace Bridge on July 25, 2010, by Customs & Border Protection officers because of inconsistencies in the personal information he provided them.

With the aid of a K-9 drug dog, agents found bundles of 31,128 Ecstasy pills with an estimated street-value of more than $620,000 duct-taped in six bundles under the rear bumper of Ighodaro’s car.

He had been planning to drive the pills to Atlanta for street sales, the prosecutors said.

email: mgryta@buffnews.com

Cheektowaga man arrested for daytime assault in Buffalo

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A 45-year-old Cheektowaga man was arrested about 5 p.m. Friday in connection with an attack on a man April 17 on Marion Street.

James Woelfle, of Claudette Court, was stopped while driving a car down Marion Street after officers recognized him as a suspect in the midafternoon attack on a Marion Street man who was clubbed by two suspects using a large wrench.

The victim of the assault went to Kenmore Mercy Hospital for treatment of severe head injuries.

Woelfle was charged with second degree assault and criminal possession of marijuana. Police said the second suspect in the assault is still being sought.

Buffalo Police, SPCA raid homes to bust alleged dogfighting ring

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Buffalo police officers seized 20 dogs and shot one Friday and also made about a half-dozen arrests during raids in Buffalo and on Grand Island.

Authorities said they hit “the biggest dogfighting ring in Buffalo.”

The Buffalo Police Department led the roundup, with assistance from a newly formed Anti-Dogfighting Task Force, the American Society for the Prevention of Cruelty to Animals, the SPCA Serving Erie County and other area law enforcement SWAT squads.

The raids began early Friday morning at six locations on the city’s East Side and the University District and one location on Grand Island Boulevard, police said.

Authorities sought to put a dent into the growing underground problem of dogfighting in Western New York.

“This covert industry is violent, it’s large, and it’s local,” said Barbara Carr, executive director of the Erie County SPCA.

At one of the locations, 269 Loring Ave., authorities raided a home, took away six dogs and shot one inside the house.

Investigators said some of the dogs were scarred from dog fights.

The SPCA and police removed the half dozen dogs from the backyard in crates.

Police conducted other Buffalo raids on the 200 block of Wood Avenue, 300 block of Humboldt Parkway, 100 block of Hewitt Avenue, 200 block of Forest Avenue and the 100 block of Ontario Street. The Grand Island raid was on the 3000 block of Grand Island Boulevard.

Five arrests were made Friday, and at least one more is expected, according to Buffalo Police Commissioner Daniel Derenda. The names of those arrested and their charges were not available late Friday.

Authorities removed the dogs from the homes they raided.

The surviving dogs will be “examined, medically treated and otherwise cared for by the SPCA Serving Erie County,” officials said.

The dog killed at 269 Loring was a 13-year-old boxer named Ace, according to a resident at the home, who said police had the wrong address.

The resident, who identified herself as Deidra Patterson, said her 16-year-old niece has had severe medical issues for a dozen years and has been inseparably tied to Ace since she was a child. Besides the girl’s health problems, her parents are both deceased, and now so is her dog, Patterson said.

“That dog was her life,” Patterson said. “He was a family pet that kept a girl alive. He was her life.”

“They got the wrong person,” Patterson said.

She insisted there was no dogfighting operation on Loring.

“At the end of the day, God sees and knows all. He rights all wrongs,” she added.

Authorities, however, painted a much different picture.

They pointed to houses like the one on Loring and the others they raided as dens of crime and violence.

It’s why officials reconvened the Anti-Dogfighting Task Force late last month.

“It’s particularly disturbing when you look at how the animals are abused, how they’re chained and drugged,” said Mayor Byron W. Brown.

“It’s incredibly disturbing and, in some contexts, very frightening because people live in these areas where this is occurring,” Brown said.

“This is why we moved so swiftly and took it so seriously,” Brown added.

One police official involved in the raids called the dogfighting problem “very large in Buffalo.”

He said the investigation that led to Friday’s arrests began after a young pit bull, Ginja, was stolen from the city’s animal shelter on Oak Street.

Ginja was initially seized in a December raid at an Erb Street address that resulted in numerous animal-abuse charges levied against a suspended Buffalo police cellblock attendant.

The dog was later stolen from the shelter.

Experts from the New York City-based ASPCA reported many of the dogs seized Friday “exhibited scars and wounds consistent with fighting, and some appeared to be emaciated and in poor health.”

“Dog fighting is a national epidemic, and we are grateful for local authorities in actively pursuing this case and seeking justice for these innocent victims who were forced to live in deplorable conditions and subjected to horrific abuse,” said Tim Rickey, the ASPCA’s vice president of field investigations and response.

Besides the dogs, paraphernalia associated with dog fighting was also seized in the raids.

Derenda said it is likely the officers involved killed the dog out of necessity for their well-being. “If the dog was shot on entry, it was because the dog attacked,” he said. “The officers have to protect themselves.”

email: tpignataro@buffnews.com

Amherst man pleads guilty in hit-and-run accident that injured teen

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An Amherst driver who hit a 16-year-old youth on Main Street in North Buffalo, then sped away, leaving the boy lying in the road with a critical head injury, has admitted his role in the hit-and-run.

Kevin Ford, a 23-year-old Buffalo garbage collector on disability, pleaded guilty as charged Friday in Erie County Court to leaving the scene of a serious physical injury accident and fourth-degree insurance fraud, according to District Attorney Frank A. Sedita III.

The victim, Devaughn Moore, was walking home Feb. 3 after filling out a job application to work in a coffee shop at Erie County Medical Center when the car struck him as he was crossing Main Street at Morris Avenue at about 7:30 p.m. The driver sped away.

Devaughn, a student at Lafayette High School, was hospitalized for four weeks and has been learning how to walk again, according to his family.

The day after Devaughn was released from Women & Children’s Hospital, police arrested Ford following an extensive investigation by police agencies in Buffalo, Amherst and Niagara Falls to find the driver.

Police said that hours after the hit-and-run, Ford drove to a field off Ninth Street in Niagara Falls, where the car was set on fire. He then reported the vehicle had been stolen, and he filed a false insurance claim one week later, prosecutors said.

The key piece of evidence in finding the vehicle was the shell of a shattered gray side-view mirror recovered from the scene, according to investigators in the Buffalo Police Department’s Accident Investigation Unit.

They sought assistance from Amherst Senior Accident Investigator Scott A. Lawida, who is regarded as an expert in broken auto parts recovered from hit-and-run scenes.

Lawida determined that the mirror was from the passenger side of a 2006 Chevy Impala. Police then searched the state Department of Motor Vehicles’ computer database and came up with more than 500 cars that fit that description in Erie County.

The accident investigators started visiting the addresses where the cars were registered, each time inspecting the vehicles for damage and a replacement side-view mirror.

Investigators caught a break when they went to an address on Princeton Avenue in Amherst near the Buffalo border and ran a license plate check on the vehicle registered there. A report came back that it had been reported stolen the same night as the hit-and-run.

The torched car was located at an insurance impound yard, with the side-view mirror missing and damage to the right front fender.

With evidence pointing to Ford, investigators brought him to Buffalo Police Headquarters for questioning, and he eventually admitted that he was the driver, according to police.

Ford faces a maximum prison term of eight years when he is sentenced July 17 by Judge Michael F. Pietruszka.

Sedita cited the work of Assistant District Attorney Kelley A. Omel, chief of the Vehicular Crimes Bureau, and the efforts of the Buffalo Police Accident Investigation Unit and his office’s confidential criminal investigators.

“Because of their dedication and professionalism, an unscrupulous coward was brought to justice,” he said.

email: jstaas@buffnews.com

Amherst police identify woman struck on Maple Road

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Amherst police identified the woman who was struck by a car this morning on Maple Road as Suzanne Martin, 70, of Amherst.

At about 9 a.m., Martin crossed Maple “from south to north and had walked into the westbound lanes when she was struck close to the westbound curb,” said a statement from Capt. Patrick McKenna of the Amherst Police Accident Investigation Unit.

She was struck by a 2009 Honda operated by William F. Algeri, 77, of Amherst who was westbound on Maple in the curb lane when the incident occurred.

Martin was taken to Erie County Medical Center for treatment of injuries to her head and both legs. Algeri was not injured.

Police asked anyone who may have witnessed the incident to call 689-1311.

State trooper involved in minor accident in Colden

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Boston-based state police are investigating a one-car accident involving a trooper that occurred at 8 a.m. Saturday on Heath Road in the Town of Colden.

State police described the accident as minor, but were not releasing any additional details Saturday morning.

The cause of the accident remains under investigation. The trooper’s identity and details of injuries were not released.

Distraught man in Niagara River talked back onto shore

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NIAGARA FALLS – A man who was threatening to kill himself waded into the Niagara River at the third and smallest of the Three Sisters Islands on Saturday afternoon, but was talked back onto land after about 20 minutes.

The man was taken to the mental health unit of Niagara Falls Memorial Medical Center after being talked to in the water by Sgt. Patrick Moriarty of the New York State Parks Police.

The man was about 30 years old and lives in Niagara Falls, said Moriarty, adding that he appeared to have had been drinking.

He climbed over a waist-high railing to get into the water, which became more easily accessible after a brush-clearing and improvement project completed last summer on the islands.

“If there’s a will, there’s a way. You could put a 10-foot fence there and if they really want to go, they’re going to go,” Moriarty said.

The Three Sisters are located off the southern shore of Goat Island, about 500 yards from the brink of the Horseshoe Falls.

The man, wearing a sweatshirt and long pants, a Chicago Bulls cap and sunglasses, waded into the water up to his shins at about 2:20 p.m. “He was probably five to 10 yards offshore,” said Moriarty, adding that the current was strong.

“He was standing in the edge of the white water,” Moriarty said. “I went out into the water to negotiate with him. After talking with him for probably 15 to 20 minutes, I got him to shake hands and then we brought him in.”

Asked the reason for the suicide attempt, Moriarty said, “He’s got family problems. That’s all I can say.” He would not release the man’s name.

Once safely on the island, he was placed on a gurney and wheeled to a waiting Rural/Metro ambulance. Family members were nearby. Moriarty said the man was not injured other than suffering from possible hypothermia from standing in the cold water.

The ambulance became stuck in a muddy median between two roads on Goat Island for about 15 minutes before it was winched out by a Parks Police truck.

Parks Police, Niagara Falls police and fire personnel and counselor Jim Swift of Niagara County Crisis Services also were on the scene.

email: tprohaska@buffnews.com

Cheektowaga man charged with aggravated DWI

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A Cheektowaga man was charged with aggravated driving while intoxicated following an incident in the parking lot of a bar on Transit Road in Elma just after midnight today, Erie County Sheriff’s deputies said.

When deputies showed up to investigate the report of a driver who backed into another car, they discovered Aaron Jajkowski trying to leave the parking lot, authorities said.

Jajkowski, 30, posted a blood-alcohol content of .28 percent – 3½ times the legal limit, deputies said – and was released on appearance tickets.

Driver critically injured in crash on Route 5 in Evans

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A driver was critically injured Saturday afternoon when his car struck a utility pole at Route 5 and Kennedy Road in Evans.

Evans Police said the vehicle left Route 5 and struck the pole about 12:40 p.m.The driver was taken to Lake Shore Hospital by Rural/Metro Ambulance, then transported to Erie County Medical Center, police said.

Police have not released the driver’s name, pending the notification of his family.

Because of the crash, Route 5 was closed for about two hours.

Lockport police capture suicidal man

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LOCKPORT – City police took a suicidal man armed with a shotgun into custody late Friday.

Police and Niagara County sheriff’s deputies were called to the 100-block of West Avenue about 10:30 p.m. to talk to the man.

After a few minutes, the man agreed to come outside. He was taken to the mental health unit of Niagara Falls Memorial Medical Center for observation.

Man shot several times on Weston Avenue

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A 19-year-old man was shot shortly after noon Saturday.

Buffalo Police said the incident occurred about 12:30 p.m. in the 300 block of Weston Avenue. Police are trying to determine if it was a drive-by incident.

The victim, who police said was struck by gunfire multiple times, was taken to the Erie County Medical Center, where he was treated and released.

Anyone with information is asked to call or text the Confidential TIPCALL Line at 847-2255.

Falls woman charged with unemployment benefit fraud

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NIAGARA FALLS – State Police arrested a Niagara Falls woman Friday and charged her with fraudulently obtaining more than $8,500 worth of unemployment benefits.

Tieshia V. Thomas, 24, was charged with three felonies: third-degree grand larceny, first-degree falsifying business records and first-degree offering a false instrument for filing.

Thomas allegedly had a job in Niagara Falls when she filed for jobless benefits between January 2012 and September 2013, troopers said. The case was investigated by the State Labor Department.

Troopers arrest Lockport man, 18, on sex charges

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LOCKPORT – State police announced Saturday that they arrested a Lockport man Thursday and charged him with sex crimes.

Jared A. Person, 18, was charged with first-degree criminal sexual act, sexual misconduct, fourth-degree criminal mischief and second-degree harassment. Person is accused of forcible sexual contact with a person younger than 17 in Newfane, in the wake of an April 2 call to the state child abuse hotline.

The criminal mischief and harassment charges are linked to o a March 27 fight between Person and another man in the hallway of an apartment building on Lincoln Place in the Town of Lockport, in which a wall was damaged, police added

Probe expected in aftermath of Wilson barn fire

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WILSON – State environmental conservation officers are expected to investigate the case of a Wilson man who accused of setting fire to a dilapidated barn on his property Saturday – a violation of open burn laws, authorities said.

Sheriff’s deputies who responded to 2716 Wilson-Cambria Road at 9:23 a.m. for reports of a barn engulfed in flames said the 38-year-old homeowner told them that he had set fire to the structure to facilitate land clearing.

Wilson and South Wilson fire companies fought the blaze. No immediate charges were lodged.

Pendleton man charged with DWI in hit-and-run crash after visit to bar

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PENDLETON – Niagara County sheriff’s deputies arrested a Beach Ridge Road man at his home late Friday shortly after a crash at the parking lot of a nearby bar.

Michael J. Dio, no age given, is charged with driving while intoxicated, failure to stop from a driveway, failure to keep right and leaving the scene of a property-damage accident.

Dio, deputies said, was driving a pickup that hit a car driving east on Beach Ridge Road about 11:28 p.m. At the time, he was pulling out of the tavern into his lane, striking his car, deputies added.

Holley man killed in crash near Rochester

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A Holley man was killed in a crash in the Rochester suburb of Greece Friday afternoon.

Greece Police said Andrew R. Tarwacki, 39, died after his pickup collided with a garbage truck on Ridge road, according to the Rochester Democrat & Chronicle. The driver of the garbage truck suffered minor injuries.

Passenger injured in Niagara Falls DWI crash

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NIAGARA FALLS – An 81st Street man was charged with driving while intoxicated early Friday after crashing into a tree near his home, police said.

James J. Drozek, 25, also was charged with driving while ability impaired and failure to keep right. A passenger suffered minor injuries in the crash about 1:53 a.m., police said.
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