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Girl, 2, found wandering in middle of Genesee Street

September 25, 2013, 12:55 pm
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Cheektowaga Police on Monday arrested Gabrielle Newland, 37, of Cheektowaga, and charged her with endangering the welfare of a child after her 2-year-old girl was found wandering in the middle of Genesee Street.

Officer Chris Wachowiak responded at 5:25 p.m. Monday to Pine Ridge Pizza and Subs, 2421 Genesee St., for a report that an unattended child had been found. Workers at the pizza shop said they brought the girl into the store after she was seen wandering in the middle of Genesee Street wearing only a shirt and a filthy diaper. The girl had a severe diaper rash and flea bites on her lower legs and body.

The mother contacted Cheektowaga Police about 40 minutes after the officers’ arrival to report her child missing, claiming to have fallen asleep while watching the child. Erie County Child Protective Services workers were called to investigate.
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Falls father and son indicted on cocaine charges

September 25, 2013, 2:45 pm
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LOCKPORT – A Niagara County grand jury has indicted a Niagara Falls father and son on drug possession charges.

Levester Rose Jr., 64, of Main Street, pleaded not guilty Wednesday in Niagara County Court to third- and fourth-degree criminal possession of a controlled substance and unlawful possession of marijuana.

His son, Levester Rose III, 35, of Dudley Avenue, who had yet to be arraigned, faces the same charges along with first-degree aggravated unlicensed operation and failure to stop.

Police pulled their car over ay 20 on Whitney Avenue and said they found crack and powder cocaine in the auto, along with a small amount of marijuana.
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Probation ordered for Falls man who sold painkillers

September 25, 2013, 2:46 pm
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LOCKPORT – Nino V. Casale, 30, of West Market Street, Niagara Falls, was placed on five years’ probation Wednesday by Niagara County Judge Sara Sheldon Farkas in a drug case.

Casale pleaded guilty to fifth-degree criminal sale of a controlled substance for selling the painkiller oxymorphone Oct. 30 and Nov. 6 near his home.

Defense attorney Angelo Musitano contended Wednesday that Casale sold only one pill.
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Wyoming County drug arrest follows stop for speeding

September 25, 2013, 4:36 pm
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WARSAW – Two men from Genesee and Wyoming counties were arrested on drug and other charges after Wyoming County sheriff’s deputies stopped their car on Sierk Road in the Town of Bennington just before 2 p.m. Wednesday after they witnessed a speeding infraction on Stedman Road at Geise Road in the township. Driver, Michael J. Antonucci, 30, of Alexander Road, Alexander, and his passenger, Dustin L. Landin, 34, of Sierk Road, Bennington, both initially gave false names, investigators said.

Antonucci failed field sobriety tests and was charged with driving while intoxicated, and driving with a blood-alcohol level over 0.08 per cent. Landin was charged with criminal possession of a controlled substance and criminal impersonation after he was found to have eleven Hydrocodone and Xanax pills and used a false name. Both suspects were charged with conspiracy for allegedly initially using fake names to cover the fact that Landin already faced a local court arrest warrant. Both were jailed.
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Jail search finds a knife in woman’s underwear

September 25, 2013, 4:40 pm
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LOCKPORT – A Lewiston woman was charged on a prison contraband complaint after a correction’s officer found a four-inch-long folding knife inside her underwear at 3:14 p.m. Tuesday.

Carly G. McEvoy, 23, of Creek Road, was charged with first-degree promoting prison contraband for taking a dangerous contraband item into the Niagara County Jail. McEvoy had been arrested by the Lewiston Police Department and was taken to the jail. She was asked during the pat-down whether she had any weapons on her or anything that could cut or poke her and she said no, according to a corrections officer.

The knife found was a black tactical folding knife, according to deputies.

Bail was set at $1,000.
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Tourists report theft of jewelry and luggage

September 25, 2013, 4:41 pm
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NIAGARA FALLS – A Forestville woman told police that while she was in the Seneca Niagara Casino someone smashed a window in her Jeep and took purses, luggage and a duffel bag that contained clothes, sneakers, boots, a pistol permit, eyeglasses, credit cards, a $525 designer watches and a $300 diamond necklace.

The Niagara Falls Police Department reported Wednesday that the incident happened at 11:30 p.m. Saturday in the lot in the 300 block of Sixth Street.

The tourist said she was in the casino for a short time and drove off, then realized that the rear driver’s side window had been smashed.
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Grand Island house fire causes $45,000 damage

September 25, 2013, 4:46 pm
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An electrical short in a second-floor bedroom caused $45,000 damage to a house at 980 Stony Point Road near Broadway in Grand Island about 11 a.m. Wednesday, the Grand Island Fire Company reported.

Chief Kevin Koch said the fire “fully involved” the second floor of the dwelling ,causing $15,000 damage to the building and $30,000 to contents. The homeowner and two dogs escaped the building unharmed.

The Sheridan Park Volunteer Fire Department and City of Tonawanda Fire Department provided mutual aid standby assistance for the fire, which was under control within eight minutes.
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Falls taxi driver is robbed at gunpoint

September 25, 2013, 4:51 pm
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NIAGARA FALLS – A driver for Blue-United Taxi said he was robbed at gunpoint after picking up a man at 1:15 a.m. Wednesday in the 1900 block of Falls Street for a run to the airport.

He told city police a second man, with a handgun in his waistband, stepped up and the man who had called for the cab demanded that the driver hand over all his cash.

He said he handed over $40 and both men fled along 19th Street.

The driver said the suspect with the gun was dressed all in black.
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Marchant claimed self-defense at crime scene, cops say

September 25, 2013, 5:19 pm
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LOCKPORT – Jennifer Marchant, charged with manslaughter in the Feb. 6 stabbing death of her live-in boyfriend in North Tonawanda, began her self-defense claim in their apartment while victim Ralph D. Stone Jr. was still bleeding, officers testified in a pretrial hearing Wednesday in Niagara County Court.

Officer Robert J. Frank said Marchant, 24, told him at the scene, “He was coming after me. I didn’t know what else to do. I thought he was going to kill me.”

Officer Timothy R. Sylvester said that about 15 minutes later, Marchant told him, “Ralph was so drunk. I ran into the front bedroom to get away from him and shut the door. Then he came in and threw me around. I ran into the living room. He came after me. I went to the bathroom. He only gets like this when he’s really drunk.”

At Police Headquarters that night, Marchant gave detectives a videotaped half-hour interview and a three-page written statement. Judge Sara Sheldon Farkas said she will watch the video, read the statement, and announce Wednesday whether they will be admissible at Marchant’s trial, which has been postponed at the defense’s request from Oct. 7 to Nov. 18.
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Judge refuses to change decision on future of zoo property

September 25, 2013, 5:23 pm
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LOCKPORT – Niagara County Judge Matthew J. Murphy III said Wednesday he sees no reason to alter his decision earlier this year that allowed the Oppenheim Zoological Society to turn over the site of its long-closed Wheatfield zoo to Niagara County, which operates an adjoining 70-acre park.

Murphy rejected efforts by Mary E. Maloney, attorney for the Kiwanis Activities Corp. of Niagara Falls, to reopen the case. The Kiwanis had contended that Max M. Oppenheim’s original 1944 deed gave the 15.3 acres to the Kiwanis Club if the zoo ever closed, which it did in 1988.

The society plans to go out of existence after conveying the land to the county, but it hasn’t done so yet. Assistant Attorney General William Maldovan told Murphy at arguments Aug. 2 that state law forbids a not-for-profit corporation, such as the zoological society, from disposing of land without a court’s permission. Murphy did not give that permission Wednesday, saying no one had yet brought that specific issue before him.

The Kiwanis has filed an appeal of Murphy’s March 14 ruling that invalidated the 1944 deed.
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Lockport man draws 20-year sentence for sexual assaults on girl, 7

September 25, 2013, 6:08 pm
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LOCKPORT – With the victim and her mother looking on, Juan Rivera-Stupia III just shook his head Wednesday when Niagara County Judge Sara Sheldon Farkas asked him why he had sex repeatedly with a 7-year-old girl last year.

Farkas sentenced Rivera-Stupia, 32, to 20 years in state prison, to be followed by 20 years of post-release supervision. It was the most she could have imposed under terms of a plea bargain the judge ratified June 26.

Assistant District Attorney Elizabeth R. Donatello said that Rivera-Stupia at one point contended that the girl enjoyed the incidents. “He doesn’t get it, judge, but 20 years will give him a lot of time to get it,” the prosecutor said.

Rivera-Stupia, of Oliver Street, Lockport, had pleaded guilty to first-degree course of sexual conduct against a child. The legal maximum sentence for that is 25 years in prison and 20 years of post-release supervision, but Farkas had agreed to give Rivera-Stupia a prison term of between 15 and 20 years.

Donatello said that in the second incident in the series of attacks, Rivera-Stupia raped the girl with a plastic object, causing severe bleeding.

Defense attorney Dominic Saraceno of the county Conflict Defender’s Office called the crime “one of the worst things someone can do.” But he urged Farkas not to impose the maximum sentence, pointing to Rivera-Stupia’s mostly clean record.

His only other conviction was on a sexual misconduct charge when he was 18 and had sex with his 15-year-old girlfriend, Saraceno said.

The prosecutor said the June 26 plea offer was made to spare the girl the anguish of testifying in a jury trial. Rivera-Stupia originally was indicted on a predatory sexual assault charge that carried a maximum sentence of life in prison.

The girl’s mother said she and her children have moved away, but she is still haunted by “the constant fear that someone will harm my babies.”

The mother said her now-8-year-old daughter suffers from depression, anxiety and “night terrors” and the mother herself is subject to panic attacks.

“Whatever the sentence is, it will never be long enough for what he has done to my baby girl and my family,” she said.

email: tprohaska@buffnews.com
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Man shot on Peckham Street is rushed to ECMC

September 25, 2013, 6:44 pm
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An unidentified man who was shot in the 500 block of Peckham Street just before 9 p.m. tonight has been rushed to Erie County Medical Center.

A Police Department spokesman said he had no immediate information about the victim’s medical condition, but that the shooting is being vigorously investigated.
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DWI arrests include man charged with driving under influence of drugs

September 26, 2013, 6:44 am
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A man driving under the influence of drugs was among several unrelated DWI arrests made by Erie County sheriff’s deputies overnight.

Dennis J. Stanek, 60, of Depew, was pulled over at about 12:30 a.m. today after failing to stop at a stop sign on Krupp Avenue, at Broadway, in Buffalo, deputies reported. He was charged with driving while intoxicated by drugs, aggravated unlicensed operation – for driving with a suspended license – and unspecified traffic infractions.

Deputies said Stanek refused to submit to a blood test to determine his level of intoxication.

Approximately two hours earlier, Jill A. Larosa, 46, of Tonawanda, was pulled over along Route 219 in the Town of Concord after someone complained about a southbound vehicle being driven erratically, deputies said. A breath test indicated her blood-alcohol content was .18 – more than twice the legal limit.

Larosa was charged with aggravated DWI and unspecified traffic violations.

At about 10:10 p.m. Wednesday, Tabitha R. Schmigel, 32, of Lackawanna, was pulled over on Shepard Street in Buffalo for undisclosed equipment violations. Deputies said Schmigel, who refused to submit to a breath test to determine her blood-alcohol content, was charged with driving while intoxicated, driving with open alcoholic beverages, possession of marijuana and unspecified traffic infractions.

All three were released on appearance tickets after they were booked.
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Gang member’s guilty plea could lead to lengthy prison sentence

September 26, 2013, 8:41 am
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A 10th Street Gang member admitted in federal court Thursday to taking part in a 2006 shooting that killed two innocent bystanders.

Sam Thurmond, 25, became the fourth 10th Street member to admit some involvement in the deaths of Brandon McDonald and Darinell Young on Pennsylvania Avenue.

They were killed April 17, 2006, caught in the middle of an escalating drug war between the 10th Street and Seventh Street gangs.

Assistant U.S. Attorney Joseph M. Tripi said Thurmond admitted firing a weapon when the shooting – believed to be in retaliation for a murder by the rival 7th Street Gang – broke out that day.

Young, 45, who lived next door, and McDonald, 16, who was visiting with friends, were apparently caught in the stray gunfire.

Thurmond pleaded guilty to a racketeering conspiracy charge that could send him to federal prison for 21 years.
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Crash knocks down three poles, electrical wires on Shawnee Road

September 26, 2013, 10:04 am
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CAMBRIA – At least one person was injured after a vehicle hit a pole and brought down wires just after noon today in the 5100 block of Shawnee Road, between Upper Mountain and Human roads.

The Niagara County Sheriff’s Department closed Shawnee Road, both northbound and southbound, between Route 31 and Upper Mountain Road and crews were called to repair three poles that were brought down.

The road could be closed for up to four hours as crews make repairs, officials said.

The cause of the crash and extent of injuries were not immediately known.
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Lewiston man who torched three cars is imprisoned

September 26, 2013, 1:27 pm
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LOCKPORT – A man who was drunk when he set fire to three parked vehicles in North Tonawanda was sentenced to a stint in the state prison system’s secure substance abuse facility Thursday by Niagara County Judge Matthew J. Murphy III.

“The origin of your problem is alcohol abuse,” Murphy told David E. Spencer, 27, of Model City Road, Lewiston, who had pleaded guilty to a reduced charge of attempted third-degree arson.

Spencer used a cigarette lighter to ignite the right rear wheel well of the first vehicle on Sandra Lane in North Tonawanda July 22, 2012, and the fire spread to the other two autos.

Murphy ordered Spencer to pay restitution of $1,935 to the car owners within one year of his release from prison. The treatment program usually results in parole in about 90 days. If he washes out of the program he must serve two to four years in a regular cell.
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Peckham street shooting victim still hospitalized

September 26, 2013, 1:51 pm
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The 23-year-old man who was shot as he was walking in the 500 block of Peckham Street just before 9 p.m. Wednesday remained in serious condition Thursday in Erie County Medical Center.

Police identified the victim as Reginald Moss III. The shooting remained under investigation and anyone with information is urged to call or text the Buffalo Police Confidential TIPCall line at 716-847-2255 or e-mail the department at www.bpdny.org.
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Newfane teen found with cocaine and says he accidentally purchased it

September 26, 2013, 2:00 pm
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NEWFANE – A 16-year-old boy was found in possession of cocaine after he was stopped on a traffic violation just before 2 a.m. Thursday in the 2100 block of Ewings Road.

The Charlotteville Road teen was stopped by Niagara County sheriff’s deputies who questioned him further when they smelled marijuana.

The teen said the odor of marijuana could have lingered from marijuana he had smoked earlier in the evening. A search of the car found a small amount of cocaine in an empty cigarette package next to the driver’s seat. The teen told deputies he thought he was buying the club drug “Molly,” which is also illegal, but discovered he had purchased cocaine.

The teen was given a traffic ticket for moving from a lane unsafely and was issued an appearance ticket for seventh-degree criminal possession of a controlled substance.
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Injuries are reported in a motorcycle crash in Lockport

September 26, 2013, 2:14 pm
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LOCKPORT – A motorcyclist whose name is Harley Davidson Milstead was taken to a hospital for back and shoulder injuries after his Harley Davidson motorcycle struck two parked trucks and he was thrown from his vehicle at 12:55 p.m. today on North Transit Street near West Main Street in the City of Lockport.

The injured driver, 38, of Lockport, was driving his 1985 motorcycle northbound on North Transit Street when he struck two parked delivery trucks as he was trying to change lanes, police said.

Lockport Police Capt. Michael Niethe said it looked as if Milstead was trying to cut in front of another vehicle, but was unable to get back into his lane before he reached the parked vehicles.

“He struck a parked vehicle then he got ejected and his vehicle hit a second parked vehicle,” said Niethe. He said Milstead’s motorcycle was extensively damaged, but the trucks had minor damages.

Niethe said the crash looked a lot worse than it was and Milstead was taken to Eastern Niagara Hospital in Lockport with non-life threatening injuries. No charges were immediately filed.
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Decade of probation for Lockport man in child porn case

September 26, 2013, 2:15 pm
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LOCKPORT – The about-to-be-divorced father of three daughters under age 4 was placed on probation for 10 years Thursday for viewing child pornography.

Aaron M. Dean, 23, of Royal Parkway South, Lockport, pleaded guilty July 10 to a reduced felony charge of attempted possession of a sexual performance by a child. The material was downloaded onto his computer in January 2012.

“Three little girls and he’s looking at little-girl porn. This is a disturbing case,” said Niagara County Judge Sara Sheldon Farkas, who accepted recommendations for probation from the District Attorney’s Office and a probation officer. She rated Dean a Level 1 sex offender and barred him from contact with anyone under 18, including his own children, unless there is adult supervision.
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