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Boy accused in killing had been suspended from school on gun allegation

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The 14-year-old Waterfront School student charged with killing 16-year-old Kelmyne J. Jones Jr. two weekends ago was suspended from school for five days based on allegations that he carried a handgun onto a school bus in April, Buffalo school district administrators say.

Myles D. Taylor III was allowed to return to school after student witnesses refused to testify against him during his long-term suspension hearing and the alleged weapon was not seen or found during a physical search and video review, the administrators said.

The district also strongly disputed prior assertions by law enforcement officials that the school district did not contact the police regarding the alleged handgun incident. Principal David Hills spoke twice about the matter with police officers who work with the school, said Will Keresztes, the district’s chief of student support.

The first contact was made on April 11 to seek direction from police and see if there were any additional steps police should take aside from school disciplinary action, Keresztes said.

“Mr. Hills was specifically informed that because the allegation rested on hearsay and that the event reported to the principal on that day occurred earlier in the week, a police investigation was not planned,” Keresztes said. “He subsequently reported the allegation again on April 12 to a police officer in order to confirm that an investigation was not planned.”

Keresztes added that the principal would be willing to attest to these facts under oath, if necessary.

Taylor appeared briefly Tuesday afternoon in Buffalo City Court. The Northland Avenue resident faces a second-degree murder charge after being arrested as an adult.

He’s accused of shooting Jones, of Goulding Avenue, with a handgun on July 6 after a large fight between two groups of young people on Northland Avenue, police have said.

He’s never been in court before and never faced any such situation, said his defense attorney, John J. Molloy.

“The fact that he’s lost or bewildered isn’t surprising,” he said.

Reporters asked Molloy whether it was hard to understand a 14-year-old facing such a serious charge.

“I have an almost 14-year-old grandson,” the defense attorney replied. “So I guess it is. It’s very hard ... They’re kids. They’re babies.”

Taylor’s father was in the courtroom, but his mother wasn’t. His mother and her family moved from their Northland Avenue home not long after the fatal shooting. Molloy said they have been threatened, and he suggested the mother not show up in court Tuesday.

Homicide prosecutor Colleen Curtin Gable of the Erie County District Attorney’s Office told City Court Judge Amy C. Martoche that Taylor already has been indicted on a second-degree murder charge. As a result, Martoche quickly adjourned the case, which is expected to go to a higher court after the youth is arraigned.

Buffalo Police Commissioner Daniel Derenda referred all questions on the case to city spokesman Michael J. DeGeorge, who could not be reached to comment.

Buffalo Public School officials, meanwhile, said the district’s determination that Taylor did not bring a weapon onto a bus in April was based on a lack of evidence.

As previously stated by the district, school officials searched the student’s locker and the lockers of 10 other students at Waterfront in an effort to find the reported gun, but were unsuccessful. Administrators also reviewed the school bus video tape but were unable to find any recorded evidence showing Taylor with a gun on the bus.

Finally, the district sought witness testimony for Taylor’s long-term suspension hearing, Keresztes said, but none of the student witnesses was willing to testify against Taylor on the record and face cross examination by Taylor and his family.

“The district found no grounds to proceed with a suspension beyond the five days imposed by the principal,” Keresztes said.

Although police said Taylor’s parents objected to Taylor’s suspension and said he did not have access to a handgun, Keresztes said those assertions had no bearing on the district’s final determination that the gun allegation was unfounded.

“A punitive decision must be based on facts,” he said. “It’s not a criminal standard ... but there does need to be something. There does need to be some reasonable evidence.”

He also said he found no fault with the Buffalo Police Department.

“Our partners in the department are completely reliable and have always delivered the highest quality services for our district,” he said. “While I can only express the facts known to the school district, I have complete trust and confidence in the decisions our police officers make and will not second-guess them.”

email: stan@buffnews.com and gwarner@buffnews.com

N.Y. City-area officers assist Buffalo police in chase, arrest

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Unlikely law enforcement bedfellows joined forces Monday evening to nab two armed robbers fleeing the scene of an East Side pharmacy holdup in a stolen taxi, authorities said Tuesday.

Police officers from the Port Authority of New York and New Jersey, in Buffalo for a training program, assisted local police in a Hollywood-style car chase through downtown Buffalo that culminated in the suspected robbers’ arrest, officials from the Port Authority said Tuesday.

Sisters Crystal Clark, 22, and Heather Brown, 24, of Buffalo, were arrested in the pharmacy robbery and subsequent chase. They were charged with robbery, criminal possession of stolen property and fleeing an officer, among “a host of other charges,” Buffalo police spokesman Michael J. DeGeorge said Tuesday.

According to police reports, Clark and Brown entered a pharmacy on the 2000 block of Clinton Street near the West Seneca border at around 5:30 p.m. Monday, brandishing a 12-gauge shotgun in an attempt to steal narcotics. Police said Tuesday that the sisters staged a hostage situation inside the pharmacy before fleeing in a stolen taxi.

The alleged robbers entered the Niagara Thruway and were headed to downtown Buffalo, which is where the Port Authority officers’ role began.

Three officers in a marked Port Authority vehicle saw that a Buffalo police officer had pulled a vehicle over by the Church Street exit ramp, Pentangelo said. The Port Authority officers identified themselves to the Buffalo police officer and offered their assistance.

The pulled-over vehicle was the alleged robbers’ getaway van.

The Port Authority officers’ arrival prompted Clark and Brown to flee, Pentangelo said, citing the Port Authority Police Department’s official record. The sisters drove over a sidewalk and sped through a parking lot.

The alleged robbers sped east through downtown and the East Side, according to Buffalo police. The chase ended after about five miles when the van crashed into a house on the 100 block of Jefferson Avenue at South Division Street, authorities said.

DeGeorge said West Seneca and Niagara Frontier Transportation Authority police assisted in the chase. According to police, a West Seneca police car was damaged in the pursuit.

The six Port Authority police officers were here for a course on “criminal identification and drug interdiction for motor vehicles” given by the Department of Homeland Security, Pentangelo said.

email: hglick@buffnews.com

Alleged dealer faces trial for fatal overdose of heroin-fentanyl

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By all accounts, Robert Runfola died quickly.

It was late May, and Runfola was at his home on Delaware Avenue using a new heroin-fentanyl cocktail that had recently hit the streets of Western New York.

He was dead within an hour.

The man accused of selling him that deadly new mix of drugs is now accused of causing Runfola’s fatal overdose and, if convicted, could face life in prison.

Investigators say the case against Peter N. Militello represents a first for Western New York – a federal prosecution linking a fatal overdose with a specific drug dealer.

“This is the first time we’ve had sufficient evidence during an investigation to ask for the enhanced penalty,” Dale Kasprzyk, head of the Drug Enforcement Administration in Buffalo, said of the allegations against Militello.

A federal prosecutor outlined the evidence linking Militello to Runfola’s death as part of a bail hearing Tuesday before U.S. Magistrate Judge Jeremiah J. McCarthy.

It includes DNA evidence the government says ties Militello to the bag of drugs found near Runfola’s body, as well as toxicology and autopsy reports matching the drugs in Runfola’s body to the drugs found in the bag.

Even more important perhaps, prosecutors claim Militello, 32, of the Town of Tonawanda, admitted selling Runfola the drugs that killed him.

“He has admitted selling that heroin to Mr. Runfola,” Assistant U.S. Attorney Eric M. Opanga told McCarthy. “He has, in fact, made admissions that he was the seller.”

The allegations against Militello, who was in court and remains in custody, came just weeks after U.S. Attorney William J. Hochul Jr. took the unusual step of holding a news conference to warn addicts and their families about the new fentanyl-laced heroin being found on local streets.

The potent cocktail is popular among heroin addicts in cities such as Chicago and Philadelphia but, until recently, was never prevalent here.

The mixture of heroin and the painkiller fentanyl results in a drug significantly more potent than heroin and with a reputation for giving users the extra “pop” so many of them desire.

It also has been linked to several drug overdoses in Erie County, some of them fatal.

Militello’s lawyer argued for his client’s release Tuesday, claiming he was “not a big-time drug dealer.”

Outside the courtroom, he told The Buffalo News that Runfola was ill and bought drugs from many dealers.

“He had a bad heart, and my client was not his only source,” said defense lawyer Frank Falzone.

Falzone said it’s possible that Runfola bought heroin from another dealer after initially buying some from Militello. He also claims his client didn’t know that fentanyl-laced heroin was in the bag he sold Runfola.

Investigators say Militello’s prosecution is the first drug-trafficking case in which they have been able to directly tie a drug dealer to the death of an addict.

Kasprzyk said his office always looks for evidence linking dealers and users, but it’s often impossible to draw that connection because of the wide range of drugs found in overdose victims or the large number of suppliers the users relied on.

McCarthy ordered Militello held without bail.

email: pfairbanks@buffnews.com

Group playing hoops at Shoshone Park robbed at gunpoint

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Gun-toting robbers made off with more than $1,000 in cash and merchandise after threatening a group of people playing late-night basketball in Shoshone Park just after midnight Tuesday, police said.

Two men and one woman entered the park, located off Hertel Avenue in North Buffalo, and approached a group of eight players at the basketball courts, police reported. Two brandished firearms – a silver revolver and a black automatic Glock – and three threatened to kill the players unless they complied with the demands, said police, citing the victim who first called them to the scene.

The three took $500 in cash and a gold watch valued at $800, police said.

Charles Tubbins exonerated in 2012 murder of Rashiene Carson in Buffalo

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A judge Wednesday dismissed a murder charge and other counts against a Buffalo man after DNA evidence from the scene exonerated him. And DNA evidence led to another man’s being charged.

Erie County Judge Thomas P. Franczyk dismissed the second-degree murder charge against Charles Tubbins, 23, of Kenmore Avenue.

Prosecutors now accuse Ahkeem R. Huffman, 20, of fatally shooting Rashiene T. Carson, of Lockport, in Buffalo’s Riverside area last Nov. 10.

Huffman was arraigned in State Supreme Court on a sealed indictment charging him with second-degree murder, attempted robbery and criminal possession of a weapon.

“The principal duty of a prosecutor is to do justice,” District Attorney Frank A. Sedita III said. “That means it is our duty to not only convict the guilty but also to exonerate the innocent.”

John K. Jordan, Tubbins’ lawyer, said the district attorney deserved credit for seeking dismissal of Tubbins’ charges.

“It doesn’t happen very often,” Jordan said.

But he said prosecutors should not have been so quick to charge Tubbins in the first place. With only eyewitness testimony, the evidence was weak, Jordan said. Prosecutors could have waited for the DNA to be tested before charging Tubbins.

“Charles Tubbins had no prior criminal conviction,” Jordan said. “He had no history of violence, no prior felony, no prior misdemeanor. Before you lock a guy up in the Holding Center, why not wait until the results are back, until you have a little more proof?”

While Tubbins told some innocuous lies to police who initially investigated the shooting, he also cooperated with authorities when he consented to a DNA swab, turned over his cellphone and agreed to have his apartment searched, Jordan said.

The District Attorney’s Office received the DNA results after Tubbins had been indicted on murder and robbery charges in the shooting death of Carson.

Carson was a rear-seat passenger in a car parked in a Getty gas station lot at 595 Ontario St. at 12:50 a.m. when he was shot, police said.

Buffalo police arrested Tubbins about a couple of weeks later after several eyewitnesses identified him from an array of photographs that detectives showed them, according to the District Attorney’s Office.

Jordan said Tubbins was never given a chance to testify before the grand jury that indicted him.

James F. Bargnesi, head of the Homicide Bureau in the Erie County District Attorney’s Office, said surveillance video from the Getty station showed the assailant open the car door and confront Carson before shooting him.

Bargnesi asked the Erie County Central Police Services Forensic Laboratory to test DNA swabbings of the door handle, and the genetic profile did not belong to Tubbins, Sedita said.

After the DNA results came back, the District Attorney’s Office alerted the court and Jordan, and agreed to a $5,000 bail for Tubbins. He was released from custody after posting the bail.

The DNA from the door handle was submitted to the New York State databank and matched Huffman, a convicted felon who resembles Tubbins, Sedita said.

The DNA evidence and incriminating admissions from Huffman were presented to another grand jury and resulted in a new indictment, Sedita said.

Huffman, who was arraigned before State Supreme Court Justice John L. Michalski, remains in custody. He faces 25 years to life in prison if convicted.

Sedita said his office has exonerated 194 people in the past three years, all but three before indictment. All but one were exonerated before a trial.

“In this case, the Erie County District Attorney’s Office, upon being supplied with additional evidence, spearheaded the effort to exonerate the person wrongfully accused and to bring the true assailant to justice,” Sedita said of Tubbins.

email: plakamp@buffnews.com

Mayoral hopefuls heading to anti-violence summit

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Two county legislators are hosting a summit tonight to discuss violence in the city, but it’s two other politicians who might steal the show.

Democratic mayoral candidate Bernard A. Tolbert said the summit is “timely” in a videotaped message on his Facebook page.

“We’ve had a number of homicides over the past few weeks that illustrate the issue that it is in Buffalo,” Tolbert said. “This summit will give everyone an opportunity to talk about the things that are happening.”

Tolbert’s videotaped support for the meeting, and his planned appearance, mark a shift to a more public campaign and his desire to focus on crime. Tolbert previously served as the FBI’s special agent in charge of Buffalo.

“As an FBI agent, I know that most crimes we solve, we solve them not because we do good forensic work. We do, but most cases are solved because someone from the community comes forward and gives us more information,” he said.

Tolbert, who is challenging Mayor Byron W. Brown in a Democratic primary, has attended numerous public and private events this year, but the summit will likely attract more attention.

Legislature Chairwoman Betty Jean Grant, who donated $50 to Tolbert’s campaign, is organizing the event with Timothy R. Hogues, a fellow legislator.

“A Summit on Violent Crime and Homicide in Buffalo” begins at 5:30 p.m. at the Frank E. Merriweather Library, 1324 Jefferson Ave. Elected and appointed officials are expected to attend, as are anti-violence groups and people in law enforcement.

Republican mayoral candidate Sergio R. Rodriguez also said he will attend.

The Brown administration has maintained that crime in the city is down since 2005, but Rodriguez pointed to an FBI report, which said Buffalo had the 11th highest rate of violent crime in the country in 2012.

Though shootings in the city are down 40 percent from last year, the city has had 21 homicides so far this year, on pace with last year’s figures.

“While the mayor attempts to save face during an election year, the real statistics are out there,” Rodriguez said.

email: jterreri@buffnews.com

Former Attica inmate wins $150,000 suit

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A federal court jury awarded $150,000 to a former Attica inmate who accused two prison guards of violating his constitutional rights by denying him food.

The jury found the conduct of the two guards, Dennis Fleckenstein and Chester Kosmowski, to be “malicious, wanton or oppressive" in a trial before U.S. Magistrate Judge H. Kenneth Schroeder.

The verdict stems from a 2006 lawsuit that Isidro Abascal filed against the state. Abascal, who is now out of prison, claimed he was denied access to the prison mess hall on numerous occasions in 2004 and 2005.

Former trooper loses race discrimination suit

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A former trooper has lost his race discrimination case against the State Police.

A federal judge ruled Tuesday that James W. Talford failed to prove that the State Police’s use of his mugshot – he was arrested in 2009 for aggravated harassment against two Canadian women – adversely affected his employment as a trooper. Talford got a conditional discharge because of his guilty plea to a noncriminal violation and was ordered to stay away from the women.

Talford, an African-American undercover narcotics investigator, claimed the mugshot, which was widely used on TV broadcasts, put his life at risk.

He also argued that his photo was posted on the State Police website because of his race, not because of his arrest.

Buffalo woman pleads guilty in money laundering

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A Buffalo woman pleaded guilty to a money laundering charge Wednesday before U.S Magistrate Judge Leslie G. Foschio.

Danielle Barton, 31, is the latest of 18 defendants to be convicted as part of a drug trafficking conspiracy.

Assistant U.S. Attorney Mary Catherine Baumgarten said Barton deposited proceeds from the drug trafficking into her bank account as a way to conceal the source of the funds.

Barton’s plea is the result of an investigation by the Drug Enforcement Administration, FBI, Immigration and Customs Enforcement, Homeland Security Investigations, Internal Revenue Service Criminal Investigation Division and the Niagara County Drug Enforcement Task Force.

Admitted drug dealer seeks names of informants

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LOCKPORT – Loretta J. Everett, a 64-year-old diabetic who pleaded guilty to selling her painkillers, asked Wednesday that the names of “the people who ruined my life” be turned over to her.

Niagara County Court Judge Sara Sheldon Farkas asked if by that Everett meant “the neighbors who complained about people knocking on their doors looking for you to buy drugs.” The information was not disclosed.

“Instead of being angry with this person, perhaps you should be angry with yourself,” Farkas said as she placed Everett on five years’ probation for attempted fifth-degree criminal sale of a controlled substance that occurred Nov. 7, 2011.

Farkas said she chose probation because of Everett’s poor health and lack of a prior criminal record. Everett lives on Elderberry Place, Town of Niagara.

Falls man indicted on Lockport drug charges

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LOCKPORT – George M. Stephens, whose Jan. 17 arrest was one of the triggers for the proclamation of an anti-crime “impact zone” in central Lockport, was arraigned on a six-count indictment Wednesday in Niagara County Court.

Stephens, 33, of 26th Street, Niagara Falls, pleaded not guilty to two counts of third-degree criminal possession of a controlled substance and single counts of second-degree obstructing governmental administration, resisting arrest, unlawful possession of marijuana and failure to signal a turn.

He was pulled over on Washburn Street and fled his car on foot. When police caught him on Elm Court, they reportedly seized $128, crack cocaine and marijuana. The items were exhibited the next day at a news conference where Mayor Michael W. Tucker announced the impact zone.

Stephens is free on a $10,000 bail bond.

Middleport man imprisoned for indecent photos on his cellphone

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LOCKPORT – David L. Vercruysse, 39, of Main Street, Middleport, was sentenced Wednesday to 1 1/2 to three years in state prison for having photos of a naked adolescent girl on his cellphone.

Niagara County Judge Sara Sheldon Farkas said the sentence for disseminating indecent material to a minor will start after Vercruysse finishes whatever time he owes the state on a parole violation for a 2011 felony driving while intoxicated conviction. He was paroled in January 2012 after serving eight months of a one-to-three-year sentence.

He was arrested Jan. 23 after a parole officer’s search of his cellphone turned up the photos of a naked girl under age 16.

Pembroke justice, daughter charged in missing Corfu court money

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Pembroke Town Justice Robert E. Alexander and his daughter, Brandi A. Watts, were arrested after a state audit found $10,000 missing in Corfu village court, State Police reported Wednesday.

Alexander was charged with coercion and official misconduct, and Watts, who was the village’s court clerk, was charged with grand larceny, tampering with public records and 53 counts of offering a false instrument for filing, police said.

WIVB reported that Watts was allegedly falsifying timesheets over a two-year period, indicating that she’d worked more hours than she really had, citing prosecutors. Watts, reportedly was removed from her position in 2011 when it was determined it was improper for her to be working for her father, also is accused of stealing about $14,000.

Guilty plea to meth lab gets man treatment program

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LOCKPORT – Jeffrey M. Budde, who was arrested May 10 as Niagara County sheriff’s deputies shut down a methamphetamine lab on Ruhlman Road in Lockport, pleaded guilty Wednesday in Niagara County Court.

Budde, 27, admitted to third-degree unlawful manufacture of meth, and was admitted by County Judge Sara Sheldon Farkas to the judicial diversion program of court-supervised drug treatment.

If Budde succeeds in the program, his charge will be reduced to a misdemeanor with a sentence of probation, but if he fails, he faces a sentence of as long as 2½ years in prison.

Budde, who said he will live with his mother in Appleton once he’s released from an inpatient drug treatment center, said he was a daily user of meth and opiates.

Lockport police search for body in canal comes up empty

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LOCKPORT – Lockport police searched for a possible body Wednesday in the Erie Canal after hikers found a pool of blood on the ground, a sharp implement and a suicide note in a notebook Tuesday night behind Urban Park Towers on Main Street, Detective Capt. Richard L. Podgers said. No body was found.

Police searched the rocky hillside above the canal until dark Tuesday, Podgers said. A bloodhound called out Wednesday morning lost the scent trail behind Lockport Locks and Erie Canal Cruises on Market Street. The police boat was launched Wednesday morning and dragged the canal until 2 p.m., finding nothing.

Podgers said nobody reported seeing anybody enter the canal. There have been no reports of missing persons; if one were received, the police would resume searching, Podgers said.


Batavia man pleads guilty to Leandra’s Law DWI

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LOCKPORT – A Batavia man pleaded guilty Wednesday in Niagara County Court to aggravated driving while intoxicated under the terms of Leandra’s Law, which prescribes extra penalties for driving drunk while children are passengers.

Joseph A. Zajaczkowski, 57, of Elm Street, is to be sentenced Oct. 30 by Niagara County Judge Sara Sheldon Farkas. Zajaczkowski was arrested Dec. 2 and March 4 on Leandra’s Law charges in Royalton. On the latter occasion, two 13-year-olds were in the auto, sheriff’s deputies said.

Zajaczkowski, who said he takes medication for grand mal seizures, is free on bail pending sentencing. He faces up to four years in prison.

Convicted child molester is denied reduced bail in Lockport case

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LOCKPORT – Andrew K. Peyatt, a Lockport native now living in West Virginia, has a 1991 conviction in that state for molesting two 6-year-olds, a Niagara County prosecutor said in court Wednesday as she persuaded County Judge Sara Sheldon Farkas not to reduce Peyatt’s $250,000 bail.

Peyatt, 55, of Bridgeport, W.Va., was arrested in late June on a visit to Lockport. State police accused him of sexually abusing a girl in Lockport more than a decade ago.

Assistant District Attorney Elizabeth R. Donatello said that besides the 1991 conviction, Peyatt currently has an open case in West Virginia, where police are looking into charges of alleged inappropriate contact between him and a child under age 16. Defense attorney Michael Seibert said if Peyatt were freed, he would live with his parents in the Town of Niagara. He said Peyatt, a 1980 chemical engineering graduate from the University at Buffalo, lost a lucrative job in West Virginia after his arrest.

Buffalo man slain while riding bicycle on Keystone

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A man was shot and killed while riding a bicycle on the city’s East Side Wednesday night, Buffalo police reported.

The shooting took place around 7:30 p.m. on the 100 block of Keystone Avenue near Walden and Bailey Avenues, police spokesman Michael J. DeGeorge said in a statement.

Homicide detectives have not released the identity of the 25-year-old victim, who was pronounced dead at ECMC after being transported there by Rural Metro.

Buffalo police ask anyone with information to call or text the Confidential TIPCALL Line at (716)847-2255 or e-mail the department at www.bpdny.org.

email: hglick@buffnews.com

Former TSA officer pleads guilty to drug-related charges

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A former Transportation Security Administration officer accused of being a drug dealer on the side pleaded guilty, as charged, Thursday morning to multiple counts of criminal sale and possession of a controlled substance.

Last month’s arrest of Todd Stoddard, 29, of Cheektowaga, was spurred by a tip that he was selling cocaine near a Town of Tonawanda bar, according to Erie County District Attorney Frank A. Sedita III.

During the course of the investigation, Stoddard sold powder cocaine to an undercover sheriff’s deputy in the parking lot of that Sheridan Drive bar, the district attorney said.

Stoddard was taken into custody June 6, after the sheriff’s deputies obtained search warrants for him and his vehicle, and he was pulled over in the Town of Tonawanda. At that time, he had powder cocaine individually packaged for sale, digital scales and other paraphernalia in his possession.

Authorities said they didn’t find evidence that Stoddard’s actions involved his job as a federal security officer at Buffalo Niagara International Airport, where he had worked from November 2011 until June, when he resigned.

The case was prosecuted by Assistant District Attorney Mary Beth DePasquale, who is assigned to Sedita’s Tactical Prosecution Unit. Stoddard faces a maximum sentence of up to 18 years in prison when he’s sentenced Oct. 24 by Supreme Court Justice John L. Michalski.



Judge brokers contract extension between SPCA and Niagara Falls

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LOCKPORT – Niagara Falls Mayor Paul A. Dyster said Thursday that the city needs to have much more financial detail from the SPCA of Niagara before he will submit a six-month contract extension to the City Council.

State Supreme Court Justice Richard C. Kloch Sr. announced an agreement Thursday between the city and the SPCA after an hour of closed-door talks in his chambers.

SPCA Treasurer David A. Urban, a certified public accountant, is to meet with City Controller Maria Brown sometime before Wednesday’s Council meeting to make the case for the substantial price increase included in Thursday’s agreement.

“Explain to us why this is justified, in detail,” Dyster said. Without such justification, “we can’t take that to Council. It would be shot down, and justifiably so.”

“I anticipate the City Council in Niagara Falls will look favorably upon a six-month extension of services,” Kloch said. Making the point stronger, he said his temporary restraining order, barring the SPCA from stopping work in Niagara Falls, will expire at 7 p.m. Wednesday.

The Council meets at 5 p.m. for a work session and 6 p.m. for a business meeting.

If the Council doesn’t go along with the extension, the SPCA will be allowed to withdraw its services, and the city will be without animal control services.

It has no dog control officer or kennel of its own.

Niagara Falls has been paying $6,960 per month, or $83,520 a year, since 2009.

Under the terms of the extension, the fee will jump to $15,000 a month, which is the financial arrangement sought by the SPCA in its last contract offer to the city. “I don’t necessarily say it is on their terms. It’s on negotiated terms,” Assistant Corporation Counsel Douglas A. Janese Jr. said.

Kloch said the increased cost for the city will be paid through “gambling funds,” by which he meant the city’s revenue from the Seneca Niagara Casino. He justified that allocation by saying animal control services are “as essential a public service as road construction.”

The SPCA had announced July 10 it would cut off services to the city because of the failure of talks on a new contract. The cutoff was to have taken effect this Monday, but the city obtained a temporary restraining order from Kloch last Friday, preventing the cutoff.

The SPCA said last week that its actual cost for providing the services was more than $170,000 in 2011 and $230,000 in 2012.

During 2012, the SPCA handled 899 calls from the city, 68 percent of which were for stray animals. Dyster said the SPCA’s documentation so far hasn’t been detailed enough. “We can’t piece together from that what we’re actually costing them,” he said.

According to Jennifer R. Pitarresi, SPCA board member and media spokeswoman, under the new contract the agency will offer more “value-added services” to the city.

For example, the SPCA would collect the city’s dog licensing fees at the shelter when a dog is adopted by a city resident and send the money to the city.

email: tprohaska@buffnews.com
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