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Alleged shoplifter accused of having marijuana

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A 37-year-old Connecticut Street woman was charged with marijuana possession during her search by officers at the Erie County Holding Center shortly after her arrest for allegedly stealing goods from the Tops Supermarket at 425 Niagara Street about 8 p.m. Wednesday.

Shannon M. Recker was charged with unlawful possession of marijuana after the jail search. She was charged with petit larceny and criminal possession of stolen property for allegedly having taken from the store chocolates and a beer keg.

Three arrested in Jamestown for cocaine sales

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JAMESTOWN – Two men from Pennsylvania and a Jamestown woman were arrested late Thursday afternoon by the Southern Tier Regional Drug Task force and other agencies for alleged cocaine trafficking in the Jamestown area.

Samuel J. Russo, 42, and Samuel D. Bundy, 20, both of Kane, Pa., and Russo’s sister, Theresa A. Russo, 36, of Jamestown, were arrested in their car about 4:35 p.m. shortly after allegedly selling a quantity of cocaine to a drug task force agent. Found in their vehicle was another quantity of cocaine, and some suboxone and a scale used to weigh cocaine.

All three were being held on felony charges of criminal sale and possession of a controlled substance and criminal possession of drug paraphernalia. Samuel J. Russo is separately charged with criminal sale and possession for alleged earlier sales of cocaine to a drug task force agent. All three were being held in the Chautauqua County Jail in Mayville.

Depew man arrested for Leandra’s law DWI

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A 30-year-old Depew man with two children, aged five and nine, in his car was arrested by Erie County sheriff’s deputies on Main Street at Sandridge Road in Alden about 8:45 p.m. Wednesday and charged with driving while impaired by drugs and aggravated driving while intoxicated with children under the ages of 15, the so-called Leandra’s Law.

After a two-car accident at that intersection David Wilczak was arrested, allegedly admitting he had used heroin earlier in the day. He refused to take a breath test on the DWI charge and was taken to the Erie County Holding Center after the two children were turned over to other adults, investigators said.

Newfane man sentenced for felony DWI

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LOCKPORT – A Newfane man, who has been in Lockport drug court since pleading guilty Nov. 22 to felony driving while intoxicated, was placed on five years’ probation Thursday and assessed $1,520 in fines and fees by Niagara County Judge Sara Sheldon Farkas.

Eric K. Koch, 49, of Bayview Station, pleaded guilty after his April 4 arrest in the Town of Lockport, where his blood alcohol content was measured at 0.27 percent.

In another DWI case Thursday, Andrew J. Myers, 28, of Merrie Road, Lewiston, pleaded not guilty to aggravated and felony DWI counts, running a stop sign and failure to yield. He was arrested Oct. 8 in Lewiston.

11-time drunken driver arraigned in Niagara County Court

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LOCKPORT – An East Amherst man who has been arrested on alcohol-related driving charges 11 times pleaded not guilty to the latest charge Thursday in Niagara County Court.

Curt W. Stumm, 62, of Tonawanda Creek Road, was indicted on charges of aggravated and felony driving while intoxicated and first-degree aggravated unlicensed operation. He was pulled over Oct. 11 in Pendleton, allegedly driving with a revoked license, Deputy District Attorney Theodore A. Brenner said.

Stumm remains free on $750 bail set at his original appearance in Pendleton Town Court.

Gunman given chance to earn probation

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LOCKPORT – Niagara County Judge Sara Sheldon Farkas placed a Niagara Falls man on interim probation Thursday for throwing a stolen pistol away while running from Falls police June 16.

“Whether or not you end up in state prison after interim probation is really up to you,” Farkas told Lester D. Florence Jr., 25, of Center Avenue, who has six months to impress the judge enough to persuade her to spare him a prison term of up to seven years.

The loaded gun, reported stolen in Allegany County, was tossed aside as Florence ran from police who responded to a call about an armed man outside a bar on Highland Avenue. Florence pleaded guilty to a reduced charge of attempted second-degree criminal possession of a weapon.

Falls man charged with two Leandra’s Law violations

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LOCKPORT – A 14-count indictment was unsealed in Niagara County Court Thursday against a Niagara Falls woman who was arrested on drunken driving charges twice last year – both times when one of her children was allegedly in the vehicle.

Regina Thomas, 34, of Eighth Street, pleaded not guilty to two Leandra’s Law charges of aggravated driving while intoxicated, as well as six other counts of aggravated or regular felony driving while intoxicated, two counts of driving while her ability was impaired by drugs, a single count alleging a combination of alcohol and drugs, two counts of endangering the welfare of a child and one count of reckless driving.

Thomas was arrested June 13 in Niagara Falls with a 13-month-old child in the car, and a blood tests showed drugs and a .18 percent alcohol content. She was arrested again Sept. 13 in the Town of Niagara with a 13-year-old child as a passenger and scored a .25 percent blood alcohol reading on a breath test.

Plea offered in fatal Tuscarora Reservation wreck

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LOCKPORT – A Yankton, S.D., man who allegedly crashed a vehicle on the Tuscarora Indian Reservation Sept. 8, killing his passenger and seriously injuring the other driver, was given two weeks to mull offer a plea offer he received Thursday.

But Skyler T. Zephier, 21, will have to do so with a new attorney, as his lawyer, Charles F. Pitarresi, left the case Thursday, citing a conflict of interest from a past legal association with a witness.

Deputy District Attorney Theodore A. Brenner offered Zephier a recommendation for a sentencing limit of three to nine years in prison if he’ll plead guilty to second-degree manslaughter, vehicular assault and driving while intoxicated.

“The family of the deceased victim, Brett McKee, has agreed to the proposed disposition, as has Jason Cramer, the person who suffered the serious physical injury,” Brenner told Niagara County Judge Sara Sheldon Farkas.

DNA on sweatshirt leads to robbery plea

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LOCKPORT – A man who lost his sweatshirt in a struggle with an employee at a store he tried to rob pleaded guilty Thursday in Niagara County Court, after a DNA test matched him with the shirt.

Jacob Briones, 21, of 19th Street, Niagara Falls, is to be sentenced by attempted third-degree robbery April 3 by County Judge Matthew J. Murphy III.

Deputy District Attorney Doreen M. Hoffmann said the robbery attempt occurred Dec. 22, 2012, in the Indian General Store, 1611 Pine Ave., Niagara Falls. She said Briones showed either a real gun or a realistic-looking fake gun during the holdup try. A second man who was with him has not been caught, Hoffmann said.

Falls man faces gun-and-drug indictment

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LOCKPORT – Frank D. Murphy, 29, of Walnut Avenue, Niagara Falls, pleaded not guilty in Niagara County Court Thursday to gun and drug charges incurred after a July 23 traffic stop in the Falls.

Murphy was indicted on charges of second-degree criminal possession of a weapon and seventh-degree criminal possession of a controlled substance. He allegedly had a loaded revolver and some cocaine with him when he was arrested.

After-school worker charged in school gun scare

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A well-known community activist who works with an after-school program at the city’s School 97 Harvey Austin Elementary School was found carrying a handgun at the school Thursday evening, ending a more than four-hour ordeal that left some children in tears and their parents questioning the school’s security.

Buffalo police said Dwayne Ferguson, 52, of Buffalo, was charged with two counts of criminal possession of a weapon, including having a loaded weapon on school grounds. Ferguson, longtime president of the MAD DADS Buffalo chapter, has worked with at-risk youth in after-school programs in various city schools for several years. He pleaded not guilty to the charges this morning in Buffalo City Court and was released on his own recognizance. Police said Ferguson has a pistol permit.

It was not clear late Thursday why Ferguson had the gun at the school. Police spokesman Michael J. DeGeorge said he was not suspected of having ill intent. Ferguson apparently is not an employee of the Buffalo School District but was involved in the after-school program at the East Side school, DeGeorge said.

That was little comfort to parents, dozens of whom stood outside in the bitter cold for hours trying to reach their children and demanding answers from police and school officials.

“I just thank God that not just my kids, but everyone’s kids, are safe,” said Melissa Maye, whose two daughters were in tears when they were released from the school shortly before 8 p.m.

The incident started at about 4:15 p.m. when an anonymous call was made to the office of the school on Sycamore Street “with the report of a person bearing a weapon on or near school property,” school district spokeswoman Elena Cala wrote in an email to School Board members.

Cala said the school staff “immediately followed protocol, placing a call to 911 and going into lockdown mode. All children were immediately physically and visually accounted for.”

Two calls regarding a man with a gun near the school were made to 911 at about that time.

The regular school day had already ended,but some students were still in the building for the after-school program. District records show that Harvey Austin’s after-school program is run in partnership with the Lt. Col. Matt Urban Community Center.

Children ranging from kindergarten to eighth grade were kept in the cafeteria while dozens of police officers, including a SWAT team and K-9 units, searched the school building. The school was surrounded by police cars and the Erie County sheriff’s helicopter hovered low overhead.

No one was allowed to leave the building, Cala said. “Students and possessions were checked, and students were boarded onto buses to be transported to a nearby school,” she said in a statement.

School staff also placed calls to parent homes to inform them what was going on, although many parents said they never heard from the school or district.

Police officials are confident that none of the students, teachers or staffers who were at the school were in danger at any point. And Cala said police will maintain a presence at the school for the rest of the week.

Meanwhile, frantic parents gathered outside school in subfreezing cold and snow, desperate for information.

“They need somebody out here telling us something,” said Renoda Pearson, the mother of an eighth-grader.

Many parents said they found out about the situation at the school from cell phone calls and text messages from their children – and they were upset that they hadn’t learned about what was unfolding from school or police officials first.

“Is she safe? What is going on there?” questioned Melissa Green, whose daughter, Misty Allen, 13, was among the children in the after-school program at the school who were locked inside.

One father, who said he took his son’s phone away as punishment this week, regretted the child did not have it to connect with him.

Once the search of the school was complete, police coordinated an effort to reunite children with their parents at the BUILD Academy on Fougeron Street. Students were loaded onto school buses at about 6:15 p.m. and arrived at BUILD about an hour later.

They were greeted there by dozens of parents who gravitated to the school to await their children’s arrival.

Some parents who did not have their own transportation got rides from friends or relatives, determined to get to their children.

Most parents were allowed to wait in the BUILD Academy for their children, and could attend a debriefing with police and school officials.

Police officers also planned to drive home children whose parents could not get to the school to get them.

William Putnam, however, chose to brave the cold and wait outside for his children. As the three buses loaded with children pulled up to the school, he pumped his fists in the air and cheered.

“We love you kids,” he yelled to the bus from the corner. “Be brave.”

“I’m just happy I got my son from them and we’re going home now,” William Syzmanski said as he left the school with his son. “There are no words for it.”



News Staff Reporters Maki Becker, Matt Gryta, Deidre Williams, Jane Kwiatkowski, Lou Michel and Jay Rey contributed to this report. email: tlankes@buffnews.com and tpignataro@buffnews.com

Student gets probation in UB dorm fire

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A University at Buffalo student who dropped a small butane torch that he was using to light marijuana in his North Campus dorm room last year, setting himself on fire and causing $80,000 damage, was sentenced Friday to three years’ probation.

Alec Seidenberg also was ordered to perform 100 hours of community service while on probation.

State Supreme Court Justice M. William Boller noted that Seidenberg had already paid $1,000 in restitution from funds he earned while working at a restaurant, with the amount of the restitution based on his ability to pay.

The remaining $79,000 in fire, water and smoke damage was covered by the UB Campus Living Department, which had to dip into its operating funds, according to Don Erb, director of residential facilities at UB.

Erb said the Dormitory Authority of the State of New York has insurance to cover damage at its dorms, but the deductible is considerably higher than $79,000, and as a result that insurance was not available to help the department offset the cost.

The judge also noted that in addition to his restaurant job, Seidenberg is pursuing his studies at Erie Community College while he is suspended at UB, awaiting a decision on his future there.

The judge remarked on the unusual way in which the fire started, questioning Seidenberg’s decision to light the marijuana in an unconventional way and noting the damage that resulted.

Seidenberg, 20, of Westchester County, was originally charged with fourth-degree arson and criminal mischief in connection with the fire May 2, 2013, in his dorm room in Building 1 of the Spaulding Quadrangle in the Ellicott Dormitory Complex, according to Assistant District Attorney Paul J. Glascott. He pleaded guilty in October to criminal mischief, a misdemeanor.

He suffered burns on his feet and face and was treated in Erie County Medical Center. His girlfriend also suffered minor burns after Seidenberg, in trying to brush the fire off himself, ended up setting his fourth-floor room on fire, UB police said. The girlfriend was treated in ECMC and released.

Police said when the fire was reported at 6:17 p.m., they found a working fire with alarms sounding. About 200 students were evacuated from seven buildings.

Students were allowed to return to their rooms at 9:30. Nineteen students who lived on the same floor as Seidenberg were temporarily housed in nearby hotels.

The alarms triggered by the fire automatically shut the building’s fire doors and helped confine the fire to Seidenberg’s room, police said.

email: jstaas@buffnews.com

Man gets two years in jail for driving stolen tow truck while drunk

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A police chase through the city’s Elmwood-Forest area last summer led to a jail sentence Friday for a Town of Tonawanda man who was driving drunk in a stolen tow truck with its boom down and swinging back and forth.

State Supreme Court Justice M. William Boller sentenced Michael Orth, 29, to two years in the Erie County Correctional Facility. Orth had pleaded guilty Oct. 24 to petit larceny, resisting arrest and misdemeanor driving while intoxicated.

Assistant District Attorney Patrick B. Shanahan said Orth stole a tow truck on Aug. 23 in the Town of Tonawanda, then drove it to Buffalo where officers at Elmwood and Forest avenues noticed the truck and the swinging boom.

When they tried to pull the vehicle over, Orth sped off and led police on a slow-speed chase through the S curves on Delaware Avenue, Shanahan said. Police eventually stopped the truck at the entrance to the Scajaquada Expressway where Orth fought with officers, the prosecutor said.

After Orth pleaded guilty in October, the judge released him on his own recognizance and ordered him to report to the Veterans Court in Buffalo for its substance abuse treatment program, but the Veterans Court has no record of him showing up for the program, Shanahan said.

He said Orth was arrested about a week later in the Town of Tonawanda after police said he stole a car and pulled it into a gas station at Military Road and Sheridan Drive where he crashed into a gas pump while doing figure eights. He pleaded guilty in Tonawanda Town Court to unauthorized use of a motor vehicle and criminal mischief and is awaiting sentence there.

Meanwhile, Boller revoked his bail in the tow truck case and scheduled him for sentencing.

At Friday’s sentencing, Shanahan told the judge records show that while Orth served in the military, he received an other than honorable discharge.

The judge agreed with Shanahan that Orth didn’t deserve any more breaks and sentenced him to one year in jail for petit larceny and one year for resisting arrest, with the sentences to run consecutively. He also placed him on three years’ probation for DWI, fined him $500 and revoked his driver’s license for six months.

email: jstaas@buffnews.com

Bid to thaw pipes leads to house fire

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Buffalo firefighters once again were called out Friday to battle a blaze ignited when someone used the wrong kind of heat to thaw frozen water pipes.

A fire in a two-story wood-frame home at 215 Scoville Ave., in the Clinton Bailey neighborhood, was extinguished by members of the 6th Battalion 3rd Platoon. One firefighter suffered a minor injury, but all occupants of the home were reported safe.

It was the latest in a series of home fires this winter caused by homeowners and tenants trying to thaw frozen pipes. In this case, a torpedo heater was being used. Safety guidelines for the heaters – mostly used outdoors or in large, open areas – advise users to keep them at least 3 feet from anything flammable, and experts warn never to use anything with an open flame, such as the heater or a blowtorch, to thaw pipes.

Damage was estimated at $55,000 for the structure and $30,000 for the contents.

A few blocks north, members of Battalion 3 used foam and chemical extinguishers to put out a fire in a 500-gallon oil tank at the former American Axle paint facility at 1157 East Delavan Ave. There were no injuries reported.

email: citydesk@buffnews.com

Search under way for Hamburg bank robber

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The hunt continued early this evening for a white female who robbed the First Niagara Bank branch at 4939 Lake Shore Road in Hamburg at about 4:09 p.m. today.

The Erie County Sheriff’s Air One helicopter and FBI agents are assisting town police in the investigation.

The bank robber is described as being in her 20s, about five feet, six inches tall and weighing about 160 pounds. She was wearing a blue hooded sweatshirt, blue jeans and her face was covered by a gray ski mask. She also was wearing a beige cape with a small visor and was carrying a tan or beige colored bag.

She did not display any weapons.

The robber ran from the bank with an undetermined amount of cash and was last seen running east toward Route 5. The town’s Code Red community activation system was utilized to alert residents and businesses in the area.

Anyone with information if asked to contact the Town of Hamburg Police at 649-3800, Ext. 0

Emotions run high as killer is resentenced

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LOCKPORT – As he had promised, State Supreme Court Justice Richard C. Kloch Sr. on Friday imposed the minimum sentence for murder, 15 years to life in prison, on a Niagara Falls man who stabbed his wife to death a decade ago.

But the judge said it was a plea deal he wished he hadn’t made.

“If I had read the presentencing report before this plea, I wouldn’t have agreed to it,” Kloch said. But he couldn’t have done that, because the report wasn’t written until after the plea was entered Dec. 17.

Kelvin W. Robinson, 57, has pleaded guilty twice to second-degree murder for the death of his wife Coleen, 38, on March 14, 2004, in the couple’s home on Niagara Avenue in the Falls.

Nine years after he pleaded guilty and received a sentence of 18 years to life, Robinson’s guilty plea was invalidated on a legal technicality.

He had pleaded guilty in 2004 under the section of law covering killing with “depraved indifference to human life,” but in 2006 the State Court of Appeals changed the interpretation of that section and ruled it couldn’t apply to a one-on-one stabbing.

That ruling was applied to Robinson’s case because an earlier, unsuccessful appeal was pending in 2006. Robinson’s second guilty plea on Dec. 17 required him to admit to intentional killing. In exchange, he was offered the minimum sentence, meaning his appeal brought a chance of parole three years sooner than under the original plea.

On Friday, Kloch said he was angered to read this passage in the presentencing report by a county probation officer: “Robinson concluded by saying when he sees his son, he’s going to tell him his side of the story.”

“Your side of the story?” Kloch shouted at Robinson. “You don’t have any side of the story. You killed his mother.”

Kloch’s remarks completed an emotional sentencing that nearly saw an argument break out in the courtroom between Robinson’s family and that of his wife. Security officers restored order.

That came after Mary Huff, Coleen Robinson’s aunt, reduced the defendant to tears as she recited a long list of the victim’s positive characteristics.

Robinson wept as he said several times, “Yes, I know.”

“We believe there is a sentencing disparity,” Huff said. “The family of Coleen would have cherished three more years with her … Where’s the justice in that for us and for Coleen?”

Robinson broke down completely as he addressed the family: “I’m very sorry. I was angry and out of control,” he sobbed.

His attorney, Assistant Public Defender Michele G. Bergevin, said, “I had many conversations with his appellate attorney in Rochester [who said] ‘Are you crazy? You’re letting him plead guilty after all we went through?’ ”

But Bergevin said Robinson told her, “I take responsibility. God knows what happened, and I want to plead guilty.” “Mr. Robinson had a higher calling, and he wanted to make this right with God,” Bergevin said.

“We’re not a vengeful family. We’re just a heartbroken one,” Huff said.

She told Robinson, “Because of your selfishness, we had to relive these events.”

email: tprohaska@buffnews.com

One succeeds, one fails in court-supervised drug treatment

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LOCKPORT – Success and failure in the judicial diversion program of court-supervised drug treatment were on display Friday in Niagara County Court.

County Judge Sara Sheldon Farkas hailed Melinda A. Wagner, 29, of Strauss Road, Lockport, a former painkiller addict who has done well enough over the past two years to have her 2011 third-degree burglary conviction canceled and replaced by a misdemeanor, second-degree criminal trespass, with a probation sentence.

On the other hand, Farkas booted Steven C. Lewis out of the program after he was charged with a new burglary.

Lewis, 25, of Third Street, Youngstown, entered diversion almost a year ago after pleading guilty to third-degree burglary for a break-in attempt Dec. 3, 2012, on Ulrich Drive in Porter. He now faces up to seven years in prison when he is sentenced April 11.

“When this works, it really works. When it doesn’t, it’s pretty devastating,” Farkas said.

Falls man denies heroin-dealing charges

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LOCKPORT – A man who allegedly sold heroin twice in Niagara Falls in December pleaded not guilty to a four-count indictment Friday in Niagara County Court.

James Dolson, 48, of Cleveland Avenue in the Falls, is charged with two counts each of third-degree criminal sale and possession of a controlled substance.

The alleged drug deals with a police informant occurred Dec. 10 and 12, Assistant District Attorney Peter M. Wydysh said. Both sales were captured on audio tape, he told Judge Matthew J. Murphy III.

Emotions run high as killer is resentenced

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LOCKPORT – As he had promised, State Supreme Court Justice Richard C. Kloch Sr. on Friday imposed the minimum sentence for murder, 15 years to life in prison, on a Niagara Falls man who stabbed his wife to death a decade ago.

But the judge said it was a plea deal he wished he hadn’t made.

“If I had read the presentencing report before this plea, I wouldn’t have agreed to it,” Kloch said. But he couldn’t have done that, because the report wasn’t written until after the plea was entered Dec. 17.

Kelvin W. Robinson, 57, has pleaded guilty twice to second-degree murder for the death of his wife, Coleen, 38, on March 14, 2004, in the couple’s home on Niagara Avenue in the Falls.

Nine years after he pleaded guilty and received a sentence of 18 years to life, Robinson’s guilty plea was invalidated on a legal technicality.

He had pleaded guilty in 2004 under the section of law covering killing with “depraved indifference to human life,” but in 2006 the State Court of Appeals changed the interpretation of that section and ruled it couldn’t apply to a one-on-one stabbing.

That ruling was applied to Robinson’s case because an earlier, unsuccessful appeal was pending in 2006. Robinson’s second guilty plea on Dec. 17 required him to admit to intentional killing. In exchange, he was offered the minimum sentence, meaning his appeal brought a chance of parole three years sooner than under the original plea.

Friday, Kloch said he was angered to read this passage in the presentencing report by a county probation officer: “Robinson concluded by saying when he sees his son, he’s going to tell him his side of the story.”

“Your side of the story?” Kloch shouted at Robinson. “You don’t have any side of the story. You killed his mother.”

Kloch’s remarks completed an emotional sentencing that nearly saw an argument break out in the courtroom between Robinson’s family and that of his wife. Security officers restored order.

That came after Mary Huff, Coleen Robinson’s aunt, reduced the defendant to tears as she recited a long list of the victim’s positive characteristics.

Robinson wept as he said several times, “Yes, I know.”

“We believe there is a sentencing disparity,” Huff said. “The family of Coleen would have cherished three more years with her … Where’s the justice in that for us and for Coleen?”

Robinson broke down completely as he addressed the family: “I’m very sorry. I was angry and out of control,” he sobbed.

His attorney, Assistant Public Defender Michele G. Bergevin, said, “I had many conversations with his appellate attorney in Rochester (who said), ‘Are you crazy? You’re letting him plead guilty after all we went through?’ ”

But Bergevin said Robinson told her, “I take responsibility. God knows what happened, and I want to plead guilty.” “Mr. Robinson had a higher calling, and he wanted to make this right with God,” Bergevin said.

“We’re not a vengeful family. We’re just a heartbroken one,” Huff said.

She told Robinson, “Because of your selfishness, we had to relive these events.”

email: tprohaska@buffnews.com

Two men sent to jail for Cheektowaga shoplifting incidents

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Two Buffalo men were given jail sentences by Cheektowaga Town Justice Paul S. Piotrowski on their separate convictions for shoplifting incidents at the Walden Galleria and at the Thruway Plaza on Jan. 24.

Christopher A. Young, 62, of Fillmore Avenue, was ordered to serve a term of up to six months at the Erie County Correctional Facility on his petit larceny conviction for stealing CDs and a CD player from the Walmart in the Thruway Plaza.

Reginald Cheatham, 45, of Bailey Avenue, was ordered to serve a term of up to five months on his petit larceny conviction for stealing blue jeans from the J.C. Penny Store at the Walden Galleria.

Both men were stopped by store security officers who turned them over to police. The judge cited the criminal histories of both men in refusing to put them on probation.
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