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Hamburg woman pleads guilty to defrauding government

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A Hamburg woman confessed her involvement in a tax scheme that earned her and a co-conspirator $60,961 in fraudulent tax returns.

Sheri L. Becirovic, 47, pleaded guilty to conspiracy to defraud the government, U.S. Attorney William J. Hochul announced.

She faces up to ten years in prison, a $250,000 fine, or both.

Becirovic provided the Social Security numbers of seven family members and friends, as well as her own, to co-conspirator Clifton Jackson, who then used them to file fraudulent tax returns for the tax year 2011.

The case was jointly investigated by the Internal Revenue Service’s Criminal Investigation Division and the U.S. Postal Inspection Service.

A sentencing date has yet to be scheduled.

Three Buffalo men plead guilty to drug trafficking

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Three Buffalo men could face up to 20 years in prison and a $1 million fine after pleading guilty to drug trafficking.

Michael Smerka, 56, James Simmons, 38 and Timothy Borkowski, 46, entered pleas Friday before U.S. Magistrate Judge Leslie G. Foschio.

The men purchased cocaine at an auto shop on Broadway Street in Sloan and then sold the cocaine to customers in Buffalo and Cheektowaga, according to assistant U.S. Attorney Michael L. McCabe.

The June 2011 arrests came after a lengthy investigation by the FBI’s Safe Streets Task Force and the Cheektowaga Police Department. Seven defendants have been convicted.

Lewiston man surrenders and faces charge in fatal hit-and-run

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A 22-year-old Lewiston man surrendered to members of the Niagara County Sheriff’s Office on Saturday after a fatal hit-and-run incident earlier in the day.

Carmen Crapsi was charged with a felony count of leaving the scene of a fatal motor vehicle accident, according to the Niagara County Sheriff’s Office.

Crapsi was arraigned in Town of Cambria Court. Bail was set at $2,500 cash or $5,000 bond. He was taken to Niagara County Jail, according the sheriff’s office.

Shortly after 5 a.m., Lewiston police responded to a 911 call reporting a person lying on the side of Lewiston Road, near the Upper Mountain Road Overpass. Police found the victim had been fatally struck by a southbound vehicle.

Police are withholding the identity of the victim until the family has been notified.

The sheriff’s office and the Lewiston Police Department are still investigating the accident.

Investigators located the vehicle Saturday morning.

Anyone with information about the driver is asked to call the Sheriff’s Office at 438-3393, Ext. 1.

Former Lockport resident jailed on rape charge

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State Police have arrested a former Lockport resident on rape charges.

Andrew K. Peyatt, 55, of Bridgeport, W. Va., was charged with first-degree rape, first-degree criminal sexual act and third-degree aggravated sexual abuse.

State Police received a complaint from a Niagara County resident that alleged sexual abuse by Peyatt that began over 10 years ago. An investigation showed that Peyatt sexually abused the victim when he was visiting the area, police allege.

Peyatt was arraigned before Town of Lockport Judge Raymond Schilling and was sent to the Niagara County Jail on $250,000 cash bail, police said Saturday.

Peyatt is scheduled to return to court at 5 p.m. July 2.

Two rescued after falling into Niagara Gorge

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NIAGARA FALLS, Ont. – A man and woman were taken to local hospitals after being rescued from the Niagara Gorge this morning.

Niagara Parks Police received a 911 call at about 7:20 a.m. reporting a male and female falling over the gorge wall across from the Parks Police building along the Niagara Parkway.

“The information that we received is that they were sitting on the railing and alcohol was definitely involved,” said Acting Sgt. Shawn Black.

The 20-year-old woman was able to cling to a root from a tree near the top of the gorge wall until members of the Niagara Falls Fire Department rappelled over the retaining wall to retrieve her, police said.

The 24-year-old man, however, fell about 50 feet.

The man was airlifted to Hamilton General Hospital, where he is in stable condition, Black said.

The female was taken by ambulance to Greater Niagara General Hospital, where she was treated and released.

Police did not release the names of the two people.

Police release surveillance image of suspect in Toys R Us killing

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Grainy surveillance photos of an intruder inside the Hamburg Toys R Us store were released by police Sunday in hopes that the public can help them catch a killer.

The unidentified man – wearing a black and gold baseball cap and sweatpants with writing down the left leg – is the suspect in Saturday’s fatal attack on Laurence Wells, 35, of Blasdell, an assistant store manager at the Toys R Us at McKinley Parkway and Milestrip Road.

Wells was found seriously injured inside a store office early Saturday morning before opening. Wells – who suffered wounds to his shoulder and lower abdomen from some type of sharp instrument – was taken to Mercy Hospital, where he died, said Capt. Kevin Trask, a spokesman for the Hamburg Police Department.

An autopsy is scheduled for Monday.

Police on Sunday still had no motive in the attack, but they had a clue:

Left at the scene was a black and gold baseball cap commemorating the 2007 NCAA basketball tournament champion University of Florida Gators. A fiery basketball is depicted on the side of the cap’s bill, while “CHAMPIONS” is etched above the Gators’ logo.

Police also have video from the store’s surveillance system.

“We have the video of the guy coming into the building,” Trask said Sunday afternoon. “We see him at different spots throughout the store. Unfortunately, the quality of the video is not what we’d like.”

The surveillance photos can be seen on the department’s Facebook page: www.facebook.com/HamburgNYPolice.

Anyone who recognizes the suspect’s clothing or has any information that could be helpful in the case is asked to call Hamburg Police at 648-5111, Ext. 0, or Detective Scott Kashino at 648-5118, Ext. 2672.

“We’re looking to catch a break from someone who might recognize the hat or clothing,” Trask said.

The surveillance video shows what appears to be a man between 5 feet 9 inches and 5 feet 11 inches tall, police said.

He entered the building at 4:20 a.m. Saturday.

“He came through the entrance at Babies R Us,” Trask said. “We think he might have pried the door.”

He is wearing what appears to be the Florida Gators baseball cap, sweatpants and a jacket with a high tan collar or some sort of scarf, police said.

The suspect also appears to be holding a sharp instrument as he walks through the store, police said.

He entered the manager’s office at about 4:30 a.m.

A short time later, the surveillance system is disabled, presumably from the suspect’s pulling the plug from the wall, Trask said.

Wells, meanwhile, had arrived at the store shortly before 4 a.m. to unload a truck, Trask said.

Investigators believe the attack happened sometime between 4:40 and 5:45 a.m., when employees arrived at work and found Wells injured and bleeding in a chair in the office, after he failed to respond to radio calls.

Wells was unconscious, but still had a pulse, when the first officer arrived at the scene at 5:50 a.m. Saturday, the captain said.

No one else saw or encountered the intruder, Trask said.

“From the employees that we spoke to, that were able to view the images yesterday, none of them recognized the suspect from the video,” Trask said Sunday.

The surveillance video has been sent out to experts in hopes of enhancing the quality of the images, while the hat is being tested for DNA, Trask said.

“Unfortunately, the DNA and the enhancement of the video take a little time,” Trask said. “We can only move as fast as technology.”

When asked if this could have been a botched burglary, Trask said: “It’s hard to say. We really don’t have a motive.”

“It’s not apparent immediately, but it’s an investigation, so it’s going to take time,” Trask said. “It’s just a matter of putting the pieces together.”

The parking lot of the Toys R Us where Wells was attacked remained cordoned off by police tape Sunday afternoon.

No cars or people were in the immediate area, but a small vase of flowers sat near the entrance. Signs taped to the door said the store would reopen at 10 a.m. Monday.

Police answered the door early Sunday evening at Wells’ Blasdell home and said his friends and relatives asked for privacy.

A woman who was called at the home refused to comment.

Two of Wells’ former Toys R Us coworkers described Wells as “one of the best guys” who “always had a smile on his face.” Neither could guess why anyone would want to hurt him.



email: jrey@buffnews.com and lhammill@buffnews.com

Man robbed at gunpoint in Buffalo

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A man was held up at gunpoint on Buffalo’s East Side around 11:15 a.m., Sunday, according to police.

The man told police he was on Jefferson Avenue between Glenwood Avenue and East Utica Street when an unknown man walked up to him, pulled out a black Glock and said, “Empty your pockets,” authorities said, and he took $30 from the victim.

Police said the suspect then struck the victim with the butt of the pistol, leaving a laceration above the victim’s left eye. The suspect then fled in an unknown direction, officials said.

Lawsuit will continue in case tied to baby’s death

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An appeals court ruled unanimously Friday that a malicious prosecution lawsuit filed by a former Niagara Falls man can proceed.

The Appellate Division of State Supreme Court agreed with a lower court ruling that Niagara County Assistant District Attorney Claudette S. Caldwell and former Erie County Medical Examiner Dr. James J. Woytash are not entitled to immunity from being sued by virtue of their offices.

The plaintiff, Jason K. Kirchner, was indicted in 2009 on charges of manslaughter and criminally negligent homicide in connection with the May 21, 2009, death of his 7-month-old daughter, Abbigail Kirchner.

The father said the girl fell off a couch and struck her head on the edge of a TV table the day before she died, and Niagara Falls detectives decided it was an accident and closed the case.

The lawsuit accused Caldwell of reopening the case at the behest of Kirchner’s wife, who later divorced him.

Caldwell is accused of recruiting Woytash to produce tailor-made testimony about when the injury occurred, to make it appear that the infant was hurt no more than six hours before her death, at a time when she would have been home alone with her father.

Kirchner’s trial lawyer, Assistant Public Defender Michele G. Bergevin, introduced statements by a New Jersey forensic psychologist who criticized Woytash’s methods and said the baby really died of pneumonia.

Unable to find an expert to back up Woytash’s report, Caldwell’s colleagues moved to dismiss the indictment June 4, 2010, and County Judge Matthew J. Murphy III threw out the case.

The Appellate Division said that in evaluating the efforts to dismiss Kirchner’s lawsuit, judges are legally required to assume that all of his accusations against Caldwell and Woytash are true.

Taking them at face value, the Rochester-based five-judge panel ruled that Caldwell crossed the line between prosecution and investigation and thus forfeited her right to absolute prosecutorial immunity.

“Inasmuch as the case was closed at the time she spoke with Woytash, it cannot be said that Caldwell was simply evaluating the evidence.

“Rather, she was performing investigative functions, which are not protected by absolute immunity,” the court wrote in its five-page decision.

The case was returned to State Supreme Court Justice Catherine Nugent Panepinto in Niagara Falls for further proceedings.

Panepinto refused to dismiss the case in December 2011, using much the same reasoning the Appellate Division did Friday.

email: tprohaska@buffnews.com

Orchard Park police break up teens’ drinking party

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About 30 youths aged 17-19 were drinking “a large quantity of alcohol” Friday night in a wooded area on Evergreen Trail, a new street in the Braunview development off Baker Road in Orchard Park, police said.

Police stopped the party just before midnight, confiscated the alcohol and charged Samuel A. Larkin, 18, of Orchard Park with unlawfully dealing alcohol to a minor and possession of alcohol by a person less than 21 years old, according to authorities.

Police think Larkin supplied the party with the alcohol. He is scheduled to appear in court in Orchard Park on July 16.

Police charge two with possessing loaded firearms

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In separate incidents, an East Side man and a juvenile were arrested Saturday afternoon during the Gus Macker basketball tournament for possession of loaded firearms.

Gus Macker security officials and reserve police officers approached a group of men acting suspiciously at Niagara Square and Genesee Street just before 1 p.m., authorities said. They found Eric D. Gray, 21, of Geneva Street, with a .25-caliber semiautomatic handgun loaded with seven rounds, according to police.

Just hours later, police were on the lookout for others with guns, according to an arrest report, and noticed a large group of people “wandering” at Pearl and Court streets. When an officer exited his vehicle, police said, a 16-year-old youth tried to flee.

Police subdued the youth and found him with a loaded semiautomatic Cobra .380 handgun, authorities said. He was also charged with resisting arrest and obstructing governmental administration.

Gunman sought in hold-up of Elmwood service station

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A gunman robbed a service station on Elmwood Avenue, near Amherst Street, over the weekend, Buffalo police said.

The man walked into Joe’s Service Center at 1602 Elmwood at 11:45 p.m. Saturday, pulled out a gun and demanded all the cash in the register, according to police reports.

The gunman’s face was covered by a hood.

He fled with an undetermined amount of money and ran west on Amherst Street, where an employee said he thought he saw the gunman get into a dark four-door sedan.

Man, young accomplice accused in mugging

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A 23-year-old Buffalo man and a juvenile have been charged in a mugging on South Park Avenue.

Erick D. Threatt of Buffalo and a 15-year-old accomplice are accused of accosting a male while he was waiting at a bus stop just before 2 p.m. last Monday and punching him in the face before taking a mobile flip phone and $5. The thieves fled in an SUV. According to police, the victim knew both assailants. The juvenile and the victim both attend the same school, police said.

Threatt and the juvenile were charged with second-degree robbery and second-degree assault, police said.

Multiple-vehicle crash closes Skyway

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The Skyway was closed in both directions for almost an hour during this morning’s rush hour, following an approximately five-vehicle chain-reaction accident that apparently resulted in only minor injuries, Buffalo police reported.

The accident, on the inbound Skyway, occurred shortly after 7:40 a.m. The road was reopened, in both directions, at about 8:30 a.m.

Police were not immediately sure whether anyone was taken to a local hospital, but no serious injuries were reported.

Sword-wielding burglars stab occupant in Buffalo home invasion

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Two men armed with a large sword kicked in the front door of an East Side home early Monday morning, during a home invasion that left one of the occupants stabbed in the left leg, Ferry-Fillmore District police reported.

The woman who was stabbed was taken to Erie County Medical Center for treatment, following the invasion that occurred a few minutes after midnight on Herman Street, west of Fillmore Avenue, between Broadway and Sycamore Street, authorities said.

Police arrested one of two suspects, charging Antoine Sanders, 21, of Glenwood Avenue, with assault, burglary, weapons possession and criminal mischief, among other charges, according to police reports. Detectives still are looking for the second suspect.

Pizza and cell phone stolen in Buffalo gunpoint robbery

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Four people, one pulling out a semi-automatic handgun, stole a pizza and a cell phone during a street robbery on Purdy Street early Monday morning, Central District police reported.

The victim and a witness were delivering a pizza from a Jefferson Avenue shop when they were approached first by two women and then by two men, one of whom pulled out the handgun.

The robbery occurred at about 1:30 a.m. Monday on Purdy Street, west of Jefferson, just south of East Utica Street.

Former mattress store worker admits thefts

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LOCKPORT – A Depew woman who was charged with stealing customers’ credit card numbers while she was working at a Niagara Falls mattress store pleaded guilty Monday.

Donna L. Liberatore, 40, of Seabert Avenue, admitted to third-degree grand larceny and was assigned to the judicial diversion program of court-supervised drug treatment by State Supreme Court Justice Richard C. Kloch Sr. If she succeeds, her charge will be reduced to a misdemeanor with a probation sentence; if she fails in the program, she faces up to seven years in prison.

Liberatore must repay $15,468 in restitution to the four victims, who made purchases at the Metro Mattress store in the Falls in May and June of last year. She was accused of using the card numbers to make purchases at Metro Mattress and from Mary Kay Cosmetics.

Lockport man pleads not guilty in meth lab case

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LOCKPORT – One of two men arrested in a Jan. 11 raid on an alleged methamphetamine lab in Newfane was arraigned on a nine-count indictment Monday in Niagara County Court.

James O. White, 21, of Olcott Street, pleaded not guilty to four counts each of fifth-degree criminal sale and possession of a controlled substance, and one count of third-degree unlawful manufacture of meth. County Judge Matthew J. Murphy III ordered him to remain in jail in lieu of $15,000 bail.

White and Sean A. Smith, 39, of Hope Lane, Newfane, were arrested in a raid on Smith’s home. Smith is considering a pre-indictment plea offer and is scheduled for a July 29 court appearance.

‘Bottle bomb’ left at Lockport Police station

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LOCKPORT – A State Police bomb squad was called to Lockport Police Headquarters Sunday after a man left a “bottle bomb” outside the complaint window, Police Chief Lawrence M. Eggert said.

Two State Police bomb technicians came to the station, took the bottle a safe distance outside and detonated it. “It sounded like an artillery shell going off,” Eggert said.

It was one of three calls Sunday involving the makeshift bombs, which are made with drain cleaner placed inside 2-liter plastic bottles.

One such bomb had blasted off on Market Street earlier in the day, but police were flabbergasted when an elderly man entered the department’s complaint area carrying another one.

According to Eggert, the unidentified man said, “I found this on Market Street,” and left. By the time the desk officers noticed what it was, they ran outside, but were unable to find the man.

Eggert said he’s assuming the man was just trying to be a helpful citizen, but the bomb was “extremely volatile” and could have harmed him as he drove it to headquarters in his car or while he was carrying it.

The plastic bottle was expanding under the pressure caused by the chemical reaction of the contents, Eggert said. It could have done substantial damage at Police Headquarters had it gone off inside the complaint area.

“That obviously creates a risk of injury. I’m inclined to press charges,” Eggert said, adding that he would discuss the matter with the Niagara County District Attorney’s Office.

The chief said the third bottle bomb call came late Sunday night from a baseball diamond in Outwater Park, where a caller reported “a tower of flame.”

The bottle bombs have become a popular prank, but are extremely dangerous. Eggert said the shock wave could kill a person if he were close enough, not to mention the risk of burns from flames or the chemicals in drain cleaner.

email: tprohaska@buffnews.com

Mexican man indicted in Home Depot “ticket switch” scam

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A federal grand jury has indicted a man from Mexico and accused him of running a “ticket switch” scam at Home Depot stores here and across the country.

The two-count indictment charges Luis Alcalar Vasquez, 36, with possessing false identification documents and unauthorized access devices.

Assistant U.S. Attorney Paul J. Campana said Vasquez obtained high-end merchandise at the stores by scanning bar codes for lower priced items at self-check-out stations but taking more expensive items out of the stores.

Campana said Vasquez would then return the higher ticketed items to another Home Depot in return for store value cards.

The indictment is the result of an investigation by the FBI and the Niagara County Sheriff’s Office.

FBI seeks help in identifying bank robber

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The FBI is asking for help in finding a man suspected of robbing the M&T Bank branch at Parkside and Hertel avenues Monday.

Richard M. Frankel, acting special agent in Charge of the FBI in Buffalo, said the suspect entered the bank shortly after 10 a.m., passed a note demanding money to a bank teller and then threatened the teller with a weapon.

Frankel said the suspect left the bank with an undisclosed amount of money and indicated that witnesses believe he may have climbed into the trunk of a silver four-door sedan.

The suspect, according to the FBI, may have been assisted in the robbery by a heavyset black man seen walking toward the car, entering the driver’s side and driving away.

The FBI released a photo of the suspect and a description indicating he was a black man in his early 20s. He was wearing a navy blue hooded sweatshirt with a “Y” on the front, long dark pants and dark colored shoes. He also wore a yellow safety vest over the hooded sweatshirt.

Anyone with information about the suspect or the bank robbery is asked to call the FBI at 856-7800.
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