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Missing Wolcottsville man found and taken to hospital

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OLEAN – A Wolcottsville man missing since early Thursday morning was found walking on State Route 243 in the Town of Rushford early this afternoon, authorities said.

Thomas Sampson, an Olean General Hospital nurse who drove past the missing man on the road recognized his photo from a website advertising the missing man and contacted State Police.

Richard “Rick” Reid, 44, was found to be suffering from dehydration and was taken by ambulance to the Olean Hospital for treatment. State police said he is was in good condition Friday evening.


Falls man pleads guilty to sexual abuse of teen

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LOCKPORT – A Niagara Falls man pleaded guilty in Niagara County Court Friday to sexually abusing a 14-year-old girl in that city Dec. 11.

Thomas R. Murray II, 38, of 87th Street, was accused of forcing the girl into sex acts by choking her and threatening her with a piece of broken glass. He admitted to first-degree sexual abuse.

County Judge Sara Sheldon Farkas said she will sentence Murray to something between 18 months and four years in state prison and three to 10 years of post-release supervision when he returns to court Aug. 30. In the meantime, Murray is free on a $20,000 bail bond.

The legal maximum for the crime is seven years. Assistant District Attorney Robert A. Zucco said the lower sentencing commitment was Farkas’ idea, although he did not oppose it. When the plan was first raised in a June 12 court appearance, Zucco said the victim disagreed with it and predicted, “She will probably appear at sentencing and ask the court for more.”

Suspect throws cash from patrol car after arrest

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A 22-year-old Wohlers Avenue man was accused of throwing $1,500 in cash out the rear of a patrol car window after he was arrested for obstructing governmental administration Thursday night on Bird Avenue.

Deandre Grayson allegedly wouldn’t cooperate with police officers checking on complaints of drug dealing at a house in the second block of Bird Avenue early last night when he was taken into custody.

Grayson faces possible further charges because of the money he threw out the patrol car rear window, which was recovered and taken to police headquarters for further examination.

Two buffalo teens arrested for amherst house burglary

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Two Buffalo boys, ages 16 and 14, were arrested by Amherst police on burglary charges early this afternoon.

After police received calls about a burglary in progress at Lamarck Drive address, officers found the two teens walking down Kensington Avenue.

Stopped by officers the boys admitted being involved in the burglary and evidence was recovered from the backpack one was carrying.

Police would not disclose the names of the two burglary suspects or discuss the alleged evidence seized.

Sex offender draws 10 years in prison for four felonies

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LOCKPORT – Downcast sex offender Derrick J. Houser was sentenced to 10 years in state prison Friday for four felonies, including sexual relations with two adolescent girls.

“I’m deeply ashamed of this entire situation,” Houser, 27, told Niagara County Judge Matthew J. Murphy III. “My family has disowned me. I haven’t accomplished anything my whole entire life.”

Houser had pleaded guilty May 10 to attempted second-degree criminal sexual act for having oral sex with a 14-year-old girl in Niagara Falls in late February or early March 2012.

Houser also entered guilty pleas March 8 to two counts of failure to register as a sex offender and violation of probation on a 2009 Erie County conviction for attempted first-degree sexual abuse. That case involved a 15-year-old girl and made Houser a Level 1 sex offender.

Houser broke probation by leaving his apartment on Cedar Avenue in Niagara Falls in June 2012 without permission. He moved to Detroit to be with his girlfriend and their child. Houser also failed to disclose a Facebook account to state authorities, as required by law.

“He was afraid if his girlfriend went to Michigan, he’d never see his child again and he’d be out of her life,” said Assistant Public Defender A. Joseph Catalano. He said he had a hard time convincing Houser that he should have tried to work something out with the Probation Department instead of simply leaving town.

Ironically, said Catalano, what Houser feared has come to pass because of the long prison sentence.

Murphy also ordered that Houser must be under parole-like supervision for 20 years after he is released. That’s the maximum post-release supervision allowed by law, and it was requested by Assistant District Attorney Robert A. Zucco.

Co-defense counsel Brian J. Hutchison told Murphy that he thought Houser’s problems stemmed from mental health issues and drug abuse.

The 14-year-old victim wrote a letter, part of which Murphy read aloud. She declared that she was raped and commented, “Mr. Houser is a very intimidating person.”

email: tprohaska@buffnews.com

One killed, one hurt in accident near Evangola State Park

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One person was killed and another was being treated at Erie County Medical Center Friday night after a Jeep rolled over on Route 5 near the entrance to Evangola State Park.

The accident happened sometime after 7 p.m. Friday.

The Erie County Sheriff’s Department which is supervising the investigation closed Route 5 at exit 249 for some time after the incident.

No further information has been released.

Three injury accidents hit Silver Creek area

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SILVER CREEK – Emergency responders were busy with three serious accidents Friday afternoon in the Silver Creek area.

The first occurred at noon when a vehicle was struck as it pulled out of a gas station on Routes 5 and 20 near Irving. Emergency responders said one driver was injured. The Chautauqua County Sheriff’s Office took the accident report for the incident. Names were not available.

The second accident at about 3 p.m. on Routes 5 and 20 was at the intersection of Hanford Road. State police said the first vehicle was pulling off the highway onto the shoulder and a second vehicle struck it from behind as it slowed down. The impact from the second vehicle caused the first vehicle to roll over. A fuel spill resulted, which closed down two lanes of the highway for about 45 minutes for clean up.

The driver of the vehicle that rolled over was transported to Lake Shore Hospital in Irving for treatment of injuries. One firefighter at the scene was overcome by heat and was also treated by emergency personnel.

The third accident was at about 4 p.m. at Alleghany and Versailles Roads in the Town of Hanover. Two vehicles were involved.

The Sheriff’s Office report was unavailable. A firefighter on the scene said there were injuries, but he did not know the extent.

Tonawanda passenger killed in one car DWI crash

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A Tonawanda man was killed Friday night in a one-car crash in the Town of Brant, Erie County deputies reported.

Joseph F. Cavalleri, 20, was a passenger in a vehicle that was traveling east on Southwestern Boulevard about 6:20 p.m. when it went out of control and flipped over several times. Cavalleri was ejected from a vehicle and was pronounced dead at the scene.

The driver, Robert J. Mooney, 20, of Kenmore, was transported by Mercy Flight to Erie County Medical Center, where he is listed in stable condition.

Mooney was charged with by Brant Police with driving while intoxicated and vehicular manslaughter.

The cause of the crash is still under investigation.

Victim of crash Wednesday on Grider Street dies in ECMC

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A motorcyclist involved in a crash last week has died from his injuries while at Erie County Medical Center, Buffalo police said Saturday.

Police are continuing to investigate the crash that killed Rafael Maldonado Jr., 43, of Buffalo. Maldonado was riding about 3 p.m. Wednesday on Grider Street when he collided with a minivan, police said.

The driver of the van, Ronald J. Smith, 63, also of Buffalo, remains in critical condition at ECMC, police said.

Internet fraud perpetrator may be in for a surprise

Family of drowned, possibly drunken Bills fan, weighs lawsuit

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David Gerken Jr. made plans to meet his brother and some friends after the Bills-Dolphins game last November.

Ejected by stadium security for being disruptive and possibly drunk, Gerken said he would catch up with them at the Tailgaters Bar and Grill at Southwestern Boulevard and Abbott Road.

Gerken never made it there and was later found dead, face down in a creek outside Ralph Wilson Stadium.

The family of the 26-year old Palmyra man has filed a notice of claim indicating they may sue Erie County over his death.

“Right now, the family is undecided over what to do," said Eric M. Dolan, a Rochester lawyer representing the Gerkens. ”This is really just administrative at this point." Dolan emphasized over and over again that Gerken’s family filed the notice of claim, the first step in a lawsuit, as a way of preserving their right to sue.

They now have two years to decide.

When asked what might convince the family to sue, or not sue, Dolan said that was a private family matter.

Dolan declined to comment on what the family’s lawsuit might allege, but the notice of claim outlines two potential allegations. One, that Gerken was forced to leave the stadium while intoxicated and during extremely cold weather. Temperatures that night - the game was on a Thursday – dipped below freezing.

The family also could allege that the fencing and lighting around the creek – Gerken’s body was found at the bottom of what police described as a “steep cliff" – were subpar and contributed to his death.

County officials declined to comment Friday, except to note that a notice of claim is not a lawsuit.

Gerken’s body was discovered at about 7 a.m. the following day, more than 9 hours after he was kicked out of the game for being disruptive.

When he didn’t show up at Tailgaters, his brother called Orchard Park police, who spent the next hour and a half looking for him. When he still wasn’t found by the next morning, the Erie County Sheriff’s Office was called in and asked to conduct an air search for Gerken. Police also used “pinging” technology in an effort to locate his cellphone.

After finding Gerken’s body, investigators said they believed the cause of death was an “accidental drowning.”

email: pfairbanks@buffnews.com

Two arrested in armed theft of mountain bike

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Two Buffalo residents were arrested early Saturday for threatening a man with a revolver, firing a shot and stealing the man’s mountain bike, police said.

Christopher D. Steele, 20, of Gatchell Street, and Jameea M. Russell, 19, of Wakefield Avenue, approached the victim on Jewett Avenue between Main Street and Fillmore Avenue and displayed a black revolver, with Steele firing a shot and both suspects taking the mountain bike, police said.

The two were arrested shortly afterward and charged with felony robbery in the first degree and criminal use of a firearm in the first degree.

Five displaced in fire at Black Rock home

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Damage was estimated at $10,000 to a two-story house on Dearborn Street in Black Rock after a fire started on pn the first floor Saturday morning.

Buffalo firefighters said two adults and three children were displaced. The cause of the fire is under investigation.

Man shot four times in Fillmore Avenue attack early Saturday

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A man was shot four times on Fillmore Avenue near East Ferry Street early Saturday morning, police said. He was taken to Erie County Medical Center by a private vehicle, and his condition is unknown.

Police said an unknown man approached the victim just after 5 a.m. and fired several shots from a semiautomatic handgun. Police found three .45 caliber shell casings near the scene of the shooting.

Driver faces impaired charge in Marilla crash injuring 3

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A three-vehicle crash that sent two people to the hospital Saturday was caused by a driver impaired by drugs, Erie County sheriff’s officials said.

The crash happened at about 10:30 a.m. Saturday at Clinton Street and Eastwood Road in the Town of Marilla.

Sarah Ulrich, 18, of Marilla, was westbound on Clinton, waiting to turn south onto Eastwood Road, when her vehicle was struck from behind by a car driven by Jerry L. Roll, 59, of Cowelsville, officials said.

Accident investigators determined Roll did not brake before colliding with Ulrich’s vehicle. The force of the crash sent Ulrich’s vehicle across the center line, where it was struck by an eastbound pickup, sheriff’s officials said.

The driver of the pickup, James R. Pautler Jr., 28, of Alden was treated at the scene by the Marilla Fire Company and released.

Ulrich and Roll were taken to the Erie County Medical Center, where Ulrich was treated for minor injuries and released.

Roll remained in the hospital with injuries on Saturday.

Investigators, however, accused Roll – who refused a chemical test – of being under the influence of drugs at the time of the crash.

“I don’t want you to know about all the drugs in me,” he allegedly told sheriff’s deputies.

Roll was charged with driving while ability impaired by drugs and was also issued a ticket for following too closely.

email: jrey@buffnews.com

Dog with healthy appetite blamed for Newfane kitchen fire

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NEWFANE – A determined and hungry dog is suspected of triggering a fire that damaged the kitchen of a Ridge Road home Friday evening, Niagara County sheriff’s deputies said.

Deputies said a resident of the home at 6896 Ridge indicated she left for a while Friday evening after placing the cat’s food atop a George Foreman grill, which was sitting atop a stove – a maneuver designed to prevent her dog from eating the cat’s food.

Whe she returned about 6:30 p.m., smoke detectors were sounding and the grill was on fire, said deputies, who added that the resident belives the dog may have switched on the stove while jumping to get at the cat’s food.

The grill was destroyed and the stove and a nearby wall alsow were damaged, said deputies, who added that the cat and dog are OK.

Marijuana worth $6,000 found growing in remote area of Sportsmen’s Club

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PENDLETON – Authorities Saturday seized six marijuana plants worth $6,000 that were discovered growing in a wooded area of the Tonawanda Sportsmen’s Club.

The plants were growing near an abandoned railroad bed, now being used as an all-terrain vehicle trail, on the Killian Road site, Niagara County seriff’s deputies said. An investigation is under way.

Armed robber takes cash at Wrights Corners gas station

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A man displayed a handgun Saturday night during an armed robbery at a Wrights Corners gas station, Niagara County sheriff’s deputies reported.

The suspect – a man between 6 feet to 6 feet, two inches tall, dressed all in black and wearing a ski mask - entered the Stop-n-Gas store on Lake Ave. around 10:42 p.m. and demanded money, police said.

The clerk complied and the man fled on foot behind the store with an undetermined amount of cash.

Machias pedestrian struck and killed on Route 16

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YORKSHIRE — A Machias man was struck and killed by a vehicle early Sunday while walking on Route 16 in the Cattaraugus County Town of Yorkshire, State Police reported.

Edward Speaker, 28, was walking in the traffic lane at about 1:44 a.m. when he was hit by a vehicle traveling southbound, police said. The driver was not intoxicated and declined treatment at the scene, police said. Her passenger was also uninjured.

Police said intoxication may have been a contributing factor that led to Speaker walking on the roadway.

Armed robbery reported in University Heights area

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A man robbed two victims at gunpoint early Sunday in the University Heights neighborhood, Buffalo police reported.

A man and woman told police a man approached them at 12:45 a.m. at the intersection of Merrimac and Mildred streets and brandished a black revolver. He threatened to shoot them unless they gave him their belongings, according to a police report. He took their wallet and purse containing credit cards.

The robber, wearing a grey hoodie, then fled on foot.
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