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Students evacuated from Williamsville school bus after small engine fire

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A small fire in the engine of a Williamsville school bus forced the driver to evacuate the bus and move the students safely down the street in Amherst on Tuesday morning, the Main-Transit Fire Department reported.

Firefighters responding to a 7:12 a.m. alarm reached the scene on Sagewood Terrace within two minutes and quickly put out the fire.

No injuries were reported, and the Williamsville students boarded a new bus within about 10 minutes of the incident.

Fire Chief James Lawida said a defective defrost motor sparked the small fire, which left an estimated $3,000 damage to the bus.


Bus pulls away with girl's hand stuck in door

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niagara falls – A school bus pulled a 6-year-old Niagara Falls girl the length of about three cars before the child’s mother got the attention of the driver, who stopped the bus, police and witnesses said.

The child did not appear to be seriously injured but was taken to Niagara Falls Memorial Medical Center to be checked.

The incident occurred at about 3 p.m. Tuesday as the girl stepped off the school bus. Her hand got caught in the door as the bus was pulling away in the 1400 block of Whitney Avenue.

The bus driver was unaware that the girl’s hand was in the door, according to Police Superintendent E. Bryan DalPorto.

The bus driver traveled about three car lengths as the girl’s mother held her daughter up to keep her from being dragged, according to witnesses at the scene.

The mother was able to get the driver’s attention before the situation became too serious.

“She never got knocked down,” said DalPorto.

Witnesses also said a bus company official told them that a bus aide is supposed to exit the bus with the children, but no aide was with the little girl.

email: nfischer@buffnews.com abesecker@buffnews.com

Pendleton scammer may get break in DWI cases

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LOCKPORT – Joseph D. Ehrenreich, who pleaded guilty in 2010 to stealing more than $131,000 from 29 victims in a cruise sale scam, racked up his fourth driving while intoxicated conviction Tuesday in Niagara County Court.

Judge Matthew J. Murphy III said he intends to place Ehrenreich on interim probation when he returns to court Nov. 7, before deciding whether to imprison him for the new felony DWI case and another on which Ehrenreich’s latest arrest created a probation violation.

Ehrenreich risks up to 11 years in prison, as Murphy declined to commit to a prosecution recommendation to limit sentencing on the DWI cases to a total of four years.

Ehrenreich, 45, of Oakwood Drive, Pendleton, admitted Tuesday that he was drunk when Niagara County deputies pulled him over in a stolen car at 2:55 a.m. July 31 on South Transit Road in the Town of Lockport. He was on probation for a 2012 Erie County felony DWI conviction at the time. His previous DWIs were in 2004 and 2006.

Ehrenreich, who said in court Tuesday that he is taking medication for bipolar disorder, was sentenced to a year in jail in the travel scam case, in which he paid full restitution.

Lockport woman’s case dismissed after success in drug treatment

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LOCKPORT – State Supreme Court Justice Richard C. Kloch Sr. Tuesday dismissed all charges against a Lockport woman who succeeded in a court-supervised drug treatment program.

Genevieve A. Kowalski, 29, had pleaded guilty Jan. 31, 2012, to fifth-degree criminal sale of a controlled substance for selling the drug Suboxone to get money to buy stronger drugs, defense attorney George V.C. Muscato said.

Kloch had assigned her to the judicial diversion program of court-supervised drug treatment, and Kowalski graduated from the program recently. Kloch said he could have required Kowalski to plead to a reduced misdemeanor charge and remain on probation until January 2015, but decided she could handle living without supervision.

Falls man admits stealing money from his grandfather

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LOCKPORT – A Niagara Falls man pleaded guilty Tuesday to entering his grandfather’s Lewiston home July 6 and stealing $434 from the victim’s wallet.

Brandon C. Myers, 23, whose current address is the Niagara Falls City Mission, admitted to third-degree burglary and accepted a restraining order barring him from contact with his grandfather. He also must pay restitution.

Niagara County Judge Matthew J. Murphy III admitted Myers to the judicial diversion program of court-supervised drug treatment. Myers risks a seven-year prison term if he washes out of the treatment program, but if he succeeds, his charge will be reduced to a misdemeanor with no worse than a probation sentence.

Myers, who served 17 months in state prison after pleading guilty in 2010 to stealing firearms from his grandfather’s home, said he’s failed in drug treatment before. “I think I have a little more motivation this time around,” he said.

Woman’s wallet stolen at dance class in Niagara Falls

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NIAGARA FALLS – Police quickly found and arrested a woman accused of taking the wallet of a woman sitting next to her as they both waited for their daughters at dance class at 6:15 p.m. Monday in the 2600 block of Pine Avenue.

Shardah L. Nicholas, 24, of Ninth Street was charged with fourth degree grand larceny and is accused of taking the victim’s credit card and using it twice at a store two blocks from the dance studio.

The victim said she stepped outside to have a cigarette and returned to find her wallet gone and the suspect had left the building.

Nicholas was charged when she returned to the dance studio. She at first denied taking the purse and credit card, but later admitted she had taken the card and led police to the items that had been purchased with the stolen card, including two pairs of sneakers and a clothing item.

Over $15,000 worth of road construction materials taken in Falls

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NIAGARA FALLS – A Catco site superintendent told police Monday that spreaders, steel reinforcing bars and plates were stolen from a site on 60th Street at Buffalo Avenue sometime between 2:30 p.m. Friday and 6:30 a.m. Saturday.

He said the 20, four foot spreaders, were valued at $8,000; and the 70 plates valued at $4,500 were under a concrete barrier weighing about four tons, while the 50 bars, valued at $2,750; were held in place under a half inch road plate weighing about 3,600 pounds.

The superintendent told police that he was unsure if the suspects were using equipment at the site to move objects to take the materials. The total loss was $15,250.

Four charged with tricking elderly victims with lottery scam

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An 83-year-old Buffalo man was among those targeted nationwide by a Jamaica-based lottery scheme that promised millions of dollars in winnings, federal prosecutors charged Tuesday.

Assistant U.S. Attorney Fauzia K. Mattingly said the defendants in the case used high-pressure tactics and threats to coerce at least 10 elderly victims across the country into sending them money as part of the lottery scheme.

The defendants – Corey Buddle, Orlando Buddle and Otis Ricketts, all of Brooklyn, and Horace Buddle, of Montego Bay, Jamaica – are charged with fraud and money laundering.

Their arrests are the result of an investigation by the U.S. Postal Inspection Service and Immigration and Customs Enforcement, Homeland Security Investigations.

Jamestown man jailed on defaced gun and drug counts

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JAMESTOWN – A 35-year-old Jamestown man who had been involved in a domestic dispute Tuesday on East 2nd Street was jailed after a brief foot chase that ended with police finding that he had a loaded and defaced .40-caliber pistol, a number of baggies of alleged crack cocaine and powdered cocaine and “a quantity of cash.”

Zaid Mendoza was arrested about 1:40 p.m. after police used a stun gun to subdue him when he fled as they confronted him moments earlier in the 600 block of E.2nd Street.

Currently being held in the City Jail, Mendoza is charged with second-degree criminal possession of a weapon, third-degree criminal possession of a defaced weapon, criminal possession of a controlled substance in the third-degree, resisting arrest and obstructing governmental administration.

Police said anyone with information on the illegal possession of narcotics or guns can make an anonymous tip at the department’s tip line – 484-8477. All such calls are confidential.

Olean man who sold drugs while on probation gets 5 years in prison

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Arturo D. Ross Sr., 40, of Olean, has been ordered to serve two consecutive prison terms totalling five years by Cattaraugus County Judge Ronald D. Ploetz on his guilty plea to drug trafficking earlier this year while he was already on probation for the burglary of an Olean business.

The judge, who had placed Ross on probation for five years in the Olean burglary case last Feb. 18, imposed the consecutive prison terms on his July 22 guilty plea to drug sales in Olean only two days later, on Feb. 20 and again last March 16. The judge also ordered him to submit to up to four years of post-prison supervision.

Cattaraugus County District Attorney Lori Pettit Reiman said Ross, who has been jailed for months now, pleaded guilty in July to cocaine possession and sales charges in July. The judge also sentenced Ross to a one-year term on his probation violation conviction but he will serve that during his five years in state prison, the prosecutor said.

In other court action during the past week:

• Roman G. Gabriel, 35, of West Green Street, Olean, pleaded not guilty to an indictment charging him with operating an indoor marijuana-growing operation. Pettit Reiman said Olean police last March raided his home and seized a growing system and 220 pot plants that had a potential street sale value of about $200,000. She said police seized the hydroponic growing system, valued at $10,000, along with lighting, an irrigation and ventilation system and fertilizers. A Cattaraugus County grand jury has charged Gabriel with one count of criminal possession of marijuana in the second degree which carries a seven-year prison term if he is convicted and a misdemeanor count of illegal growing of cannabis.

• Heidi L. Clayson, 33, of Franklinville, faces a possible prison term of up to 25 years when she is sentenced Nov. 25 on her guilty plea to criminal sale of a controlled substance in the third degree for a crack cocaine sale in the City of Olean last Feb. 27 that led to her indictment.

• Stephen J. Jones, 20, of Bradford, Pa., waived indictment and pleaded guilty to third-degree burglary and petit larceny for a Town of Carrollton burglary last April 30. He faces sentencing Jan. 6.

• Steven J. Little, 56, of Little Valley, was sentenced to five years’ probation, his driver’s license was revoked for one year and he was ordered to have an ignition interlock system in his car for five years when he gets his license back as a result of his guilty plea to a felony charge of driving while intoxicated. Pettit Reiman said Little had a blood alcohol content of 0.12 percent when he was arrested near his home last Oct. 11. The state’s legal limit is 0.08 percent.

• Harry W. Ginnery Jr., 31, of Great Valley, pleaded not guilty to an indictment charging him with aggravated driving while intoxicated, regular DWI, criminal mischief and driving with no inspection certificate when he was arrested in the Village of Ellicottville on April 26. Pettit Reiman said Ginnery had a blood alcohol reading that day of 0.20 percent.

• Mary E. Proctor, 25, of West Valley, pleaded not guilty to an indictment charging her with grand larceny in the third degree, welfare fraud in the third degree and offering a false instrument for filing for allegedly illegally obtaining more than $3,000 in public benefits between April 2009 and July 2011.

email: mgryta@buffnews.com

Perry man jailed on traffic and contempt charges

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WARSAW – A 45-year-old Perry man was jailed on drunken driving and a domestic violence charges after Wyoming County sheriff’s deputies tracked him down and stopped him as he was driving on Lake Street in the Village of Perry about 9:15 p.m. Sunday.

Andrew K. Kujawski of Watkins Avenue, was initially stopped because of a contempt of court and harassment warrant lodged hours earlier because he is accused of going to the Village of Castile home of a woman who had a court order of protection against him and beat her up.

When stopped on Lake Street that night Kujawski was arrested on driving while intoxicated with a prior conviction charge, DWI with a blood-alcohol reading of over 0.08 per cent and aggravated driving while intoxicated. He was committed to the Wyoming County Jail Sunday night in lieu of $15,000 bail and facing Court proceedings Oct. 1 in Perry and Oct. 21 in Castile.

Perry police assisted in the arrest.

Judge to rule on whether Drake must have a new attorney

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LOCKPORT – More complications were added Tuesday to the wrangle over whether Robie J. Drake must have a new attorney for his third trial in two 1981 North Tonawanda slayings.

Niagara County prosecutors are urging the removal of the county Public Defender’s Office from the case because two potential prosecution witnesses were later represented by public defenders in criminal cases of their own.

It was thought those cases were in the distant past, but it was disclosed in court Tuesday that one of the witnesses, Edward J. Cusatis, has a public defender in a current misdemeanor case in Niagara Falls City Court.

“It’s an actual, current, contemporaneous conflict,” Assistant District Attorney Thomas H. Brandt said.

Drake himself wants to keep Assistant Public Defenders Christopher A. Privateer and Joseph G. Frazier as his counsel for the third trial in the case, which is not likely to start until sometime in 2014.

Drake, 48, formally waived the conflict Tuesday, but Cusatis did not.

“He doesn’t want to put himself out there and be cross-examined by people who know his legal history better than anyone else,” said Joseph J. Terranova, the attorney assigned to counsel Cusatis about the conflict situation.

State Supreme Court Justice Richard C. Kloch Sr. said he will rule on the issue Nov. 7.

Assistant District Attorney Peter M. Wydysh said Cusatis faces a Nov. 13 trial on a third-degree assault and harassment case stemming from a domestic incident.

Terranova said that Cusatis “has an extensive criminal record and stints in mental health court. In each of those incidents, the Public Defender’s Office represented him.”

Brandt said, “It would be our position that the Public Defender’s Office could not cross-examine Mr. Cusatis about any of his criminal convictions.”

Kloch said, “I can see there’s a level of comfort between Mr. Drake and the Public Defender’s Office.”

Drake had private counsel for his first two trials.

Attorney John J. Molloy, appointed to counsel Drake about the conflicts, said Privateer and Frazier “are being put in a difficult position, but Mr. Drake is a very intelligent client … He’s comfortable with his decision and he’s very comfortable with the attorneys he’s been assigned.”

Cusatis was in the Niagara County Jail with Drake after the latter’s initial arrest for the Dec. 5, 1981, shooting deaths of Steven Rosenthal, 18, and Amy L. Smith, 16. Cusatis testified in Drake’s first trial in 1982 that Drake told him in jail that he had shot the victims.

Cusatis did not testify in Drake’s second trial in 2010, when Drake took the stand himself and confessed to the killings. Drake asserted he didn’t realize there was anyone in the rusty 1969 Chevrolet Nova that he riddled with rifle fire in a dark factory parking lot off River Road in North Tonawanda.

The jury didn’t believe him and convicted Drake on two counts of second-degree murder, as the first jury in 1982 also had.

The first conviction was thrown out by a federal appeals court in 2009 because of prosecutorial misconduct, and the second verdict was overturned last year when the Appellate Division of State Supreme Court decided Kloch made errors in the 2010 trial regarding the admissibility of evidence.

email: tprohaska@buffnews.com

Crash fatality closes Harlem Road between William and Dingens

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A bicyclist was fatally injured when struck by a car at about 7:45 p.m tonight on Harlem Road near William Street in Cheektowaga.

Harlem Road between William and Dingens Street remained closed while Cheektowaga Police investigated.

Investigators did not immediately release the name, age or sex of the victim.

Name of dead UB student released

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Nicholas Arieno, 18, a native of Rochester who graduated from the Athena High School in the Rochester suburb of Greece last June was the freshman found dead in a Winspear Avenue flat Sunday, authorities announced today. After an autopsy the exact cause of death will not be determined until toxicology results are done. Police have ruled out foul plan.

Jason Gianotti, principal of Athena High School, told the news media today that the school had a moment of silence in memory of Nicholas Tuesday morning.

UB freshman found dead in his flat is identified

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The University at Buffalo freshman who was found dead Sunday in his Winspear Avenue flat was identified Tuesday as Nicholas Arieno, 18, a native of Rochester.

Arieno graduated in June from Athena High School in the Rochester suburb of Greece. The cause of death will not be determined until toxicology results are done. Police have ruled out foul play.

Jason Gianotti, principal of Athena High School, said the school had a moment of silence in memory of Arienos Tuesday morning.

Police identify Cheektowaga bicyclist killed in Harlem Road accident

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A bicyclist who was fatally injured Tuesday night when he was struck by a car on Harlem Road was identified this morning as Edwin W. Stubbe Jr, 64, of Cheektowaga, police said.

Stubbe was headed east on his bike at Harlem near Hurd Street when, at about 7:45 p.m., he was hit by a 1997 Ford Explorer which was northbound on Harlem. The driver of the Ford was identified as Gary A. Wazny, 50, of Cheektowaga.

Stubbe was rushed to St. Joseph’s Hospital where he was pronounced dead.

No charges have been filed but the incident is under investigation.

Police asked anyone who may have witnessed the incident to call Cheektowaga Police Accident Investigation Unit 686-3580.

Lancaster motorcyclist critically injured in Orchard Park collision

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A motorcyclist was in critical condition at Erie County Medical Center this morning after he was involved in a collision with a car Tuesday night on Southwestern Boulevard, Orchard Park police said.

The motorcyclist, Michael Fridmann, 50, of Lancaster was eastbound on Southwestern when he collided with a car that was turning onto Southwestern at about 9:14 p.m.

Fridmann suffered head and chest injuries and was taken to ECMC by Windom Ambulance.

Police said the driver of the car, whose name was not released, was not injured.

The accident was under investigation by Orchard Park police and a member of the West Seneca Police Crash Response Unit.

Arrest made in summer Kenmore armed robbery

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Kenmore police today announced the arrest of a 19-year-old man in connection with the July 25 armed robbery of a man’s cell phone.

Alexander L. Daniels of the Town of Tonawanda faces robbery, weapons and grand larceny charges for allegedly robbing a man of his cell phone at gunpoint at about 7 p.m. July 25 on Stillwell Avenue near Winchester Place.

Police said at the time they were searching for two suspects. One of the suspects fled on a bike and the other was driven off in a car. Police believe Daniels committed the robbery and are still looking for accomplices.

Daniels was scheduled for a felony hearing Tuesday night in Kenmore Village Court. The outcome of that hearing was not immediately known.

Charges dismissed in Grant Street pot case

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Drug charges have been dismissed against three men accused of possessing 16 pounds of marijuana stashed in a basement heating duct at a Grant Street business.

The charges were lodged Sept. 9 against Pablo Arnau, 36; Luis Rodriguez, 35; and Michael A. Kemp, 27. But after a review of the circumstances, the charges have been dismissed, according to Erie County District Attorney Frank A. Sedita III.

Delay in Hoskins sentencing upsets DA

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It’s been like leading a horse to water.

Beth Lynne Hoskins’ animal cruelty case, which started in March 2010 with the SPCA raiding her Aurora horse farm and included an on-again, off-again criminal trial that lasted more than a year, has been delayed again.

Even after her conviction on 52 counts of animal cruelty in July.

She was supposed to learn her fate today at her sentencing before Aurora Town Justice Douglas W. Marky

But that sentencing has been postponed, at the request of Hoskins’ defense attorney, Thomas J. Eoannou.

Erie County District Attorney Frank A. Sedita III is upset but not surprised.

“In my opinion, there have been far too many frivolous adjournment requests by the defense in this case,” Sedita said.

Sedita last summer predicted there would likely be an eleventh-hour attempt to delay the sentencing. “One does not need a crystal ball to predict that Beth Hoskins and her defense team will seek to delay this matter, as much as possible,” he said. “She has a demonstrated history of adjournment requests by the defense attorney.”

Sedita was angry Wednesday about the delay – and even more agitated that the court said Tuesday that the adjournment requested by the defense team had been agreed to by the District Attorney’s Office.

Simply not true, said Sedita, who was out of town Tuesday and wasn’t available to comment until Wednesday.

Sedita insisted his office never agreed to the adjournment and intended Wednesday to formally communicate to the court about its opposition to the delay. He also said that the court notified his office of a letter from Eoannou requesting an adjournment but that the defense attorney “never advised us of his request for an adjournment, nor sought our consent.”

“We will not consent to the adjournment in this case,” Sedita said Wednesday. “We have not agreed to those adjournments, and we aren’t to this one.”

Hoskins was found guilty of 52 of 74 misdemeanor counts under the state’s Agriculture & Markets Law. Town Justice Douglas W. Marky found her not guilty on the other 22 charges.

Hoskins faces a range of punishment possibilities – from probation and fines, to up to two years behind bars – depending on what Marky decides to do.

Details of a presentencing report to the court are not known. The prosecution, however, said in court in August that it will seek the forfeiture of an unspecified number of her horses when Hoskins is sentenced.

Sedita would not even hint at what the prosecution will ask for when Hoskins is sentenced, saying that will be disclosed at the time of sentencing. “She was convicted of 52 crimes” is all Sedita would say.

Neither Eoannou, nor her other attorney, John P. Bartolomei, returned phone calls seeking comment about the reasons behind the adjournment.

As the case and trial have played out, Hoskins has maintained her innocence. The day the verdict was announced she said she would be planning an appeal.

email: krobinson@buffnews.com
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