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Student charged with felony robbery

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A student at School 40 at 89 Clare Street has been charged with a felony count of second-degree robbery and a second student is being sought for the alleged mugging of a third student in front of the school building about 4 p.m. Tuesday, Buffalo police said Thursday.

The victim was thrown to the ground and repeatedly punched and robbed of multiple bus passes. The attack reportedly was recorded on school surveillance cameras.

Stolen car recovered with child in back seat

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A stolen white SUV with an 11-year-old child in the back seat was recovered about 10:30 p.m. tonight at Bailey and Gerald avenues, police said.

The vehicle was taken while the driver was in a neighborhood store.

Both the SUV and the child were in good shape, police said.

They added that the car thief, who apparently did not know there was a child in the back, abandoned the vehicle and fled.

Pedestrian’s death revives warnings about crossing Niagara Falls Boulevard

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People who live near Niagara Falls Boulevard have some advice for pedestrians who cross the four-lane highway: Don’t mess with the boulevard.

On Wednesday night, Sharon L. Alfiere attempted to cross the 45 mph stretch of the boulevard near East Robinson Road, a stone’s throw away from a marked crosswalk and a traffic light.

It was the last thing she did.

Alfiere was the third woman in the past nine months to be struck and killed while crossing Niagara Falls Boulevard, the highway that separates Amherst from the Town of Tonawanda. All were crossing against the signal light and outside the crosswalk. All wore dark clothing. Alfiere was 50 years old. The other two were 49.

It was just minutes before 9 p.m. Wednesday when Alfiere, also known as Sharon L. Caruana, left a Sunoco Minimart and was struck by a black Chevrolet Camaro. The impact knocked her from her red and white running shoes, said one witness, who arrived on the scene within seconds of the accident.

“When I pulled up, she was facedown on the ground,” said Kimberly Davis, 19. “Her shoes were behind the car, and there was glass all over. We were in shock.”

Davis – who works at Jim’s Steakout, 2952 Niagara Falls Blvd. – was driving to a friend’s house with her boyfriend when she came upon the accident scene. Already, other drivers had gathered, getting out of their vehicles to surround the woman. One driver tended to her, Davis recalled. Another covered her with a blanket.

“The driver of the Camaro was outside his vehicle talking on his phone,” Davis said. “He kept on walking up to where she was lying, and then going back to his car. That’s when the police came.”

Amherst police identified the driver as David J. Miller, 27, of North Tonawanda. Miller was not charged, and the investigation is ongoing, said Amherst Police Capt. Patrick McKenna of the Accident Investigation Unit.

McKenna declined to comment on witness reports that the woman was homeless, frequented nearby motels and often stopped at the gas station minimart.

“We still have a lot of work to do,” McKenna said. “We were able to identify the victim, and we did have some contact with her in the past, but we don’t delve into her life.”

Police said Alfiere died at the scene.

According to witness reports, she was wearing a black hoodie and black slacks.

Within the past nine months, two other women were struck and killed by vehicles as they attempted to cross Niagara Falls Boulevard at Willow Ridge Drive, about five miles south of East Robinson, reported Town of Tonawanda police.

• Lisa Monaco of Buffalo was killed when she crossed the boulevard to wait for a bus shortly after 9 a.m. on Aug. 9, police said. Monaco had been using a phone at a nearby 7-Eleven store. The 65-year-old driver of the Ford Taurus that struck her told police he did not see her in the curb lane. No charges were filed.

• Jeraldine Tater, who lived in a motel room on the Amherst-Town of Tonawanda border, died after she was struck by a Chevrolet Cruze just before dawn on June 5. Tater also had used the 7-Eleven phone before she died trying to cross the boulevard in darkness and rain.

The second accident prompted Town of Tonawanda police to seek a meeting with the state Department of Transportation to discuss safety improvements at the intersection.

Lt. Nicholas A. Bado, spokesman for the Town of Tonawanda Police Department, on Thursday declined to comment on the fatal accidents or the meeting.

“We’re in a position where we can’t speak because of ongoing litigation,” Bado said.

At the time of the summer accidents, however, Tonawanda police said the two pedestrians made poor decisions by trying to cross the boulevard without the right of way.

Tyler Hartline, 21, lives in Amherst blocks from the boulevard. He often bikes the streets, and is familiar with the rules of the road.

“There’s no reason to jaywalk, especially when there is a crosswalk,” Hartline said. “It’s just way too dangerous. It’s one of the busiest streets. Take a minute out of your time, walk to the crosswalk and be safe.”

Hartline, who works at an area restaurant, said he sees fender-benders occurring in the East Robinson-Niagara Falls Boulevard area frequently, most often near the Tops plaza by Wegmans and Kohls.

“You can’t run across the street against the light in the dark,” Hartline said. “That’s not good.”

Davis, meanwhile, said she won’t soon forget the fatal accident she and her boyfriend came upon Wednesday night. She said she avoids walking on busy thoroughfares, particularly Niagara Falls Boulevard.

“I just try and drive, and if I have to walk, I watch everything,” she said. “I don’t mess with the boulevard.”

email: jkwiatkowski@buffnews.com

Mazen’s fatal mistake: He thought working as a cabbie was safer than working in a deli

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Mazen M. Abdallah became a cab driver because he thought it was safer than working at a deli.

He died on the job anyway.

The 55-year-old native of Jerusalem was found lying face down on the floor in the back of his white Lincoln Town Car last year with two .22-caliber bullets in his head.

Abdallah’s first fare on March 6 became the last one of his life.

“These two defendants did it,” prosecutor Christopher J. Belling said in his opening statement this week at the trial of Sean Austin and Maurice “Quell” Howie. The two 17-year-olds face charges of second-degree murder and first-degree robbery.

The defendants were 16 at the time of the crime. Howie was a star quarterback at South Park High School and held school records in every category for a quarterback.

Abdallah became a U.S. citizen after coming to this country about two decades ago.

He worked at a deli but landed a job at Airport Taxi Service about 10 years ago because “he felt it was not safe for him to stay anymore at the deli,” said Zuhair Ahmed Rizeq, a cousin of the victim and also an Airport Taxi driver.

Abdallah started driving a cab about two years ago after initially handling luggage and other duties, Rizeq testified.

On March 6, Abdallah was dispatched at 4:30 a.m. to pick up a fare at the Commodore Perry Homes near downtown.

His fellow drivers feared for his safety after his dispatcher lost contact with him.

Michael Porter, another dispatcher who arrived at work at 6:30 that morning, described the scene at the taxi office at Buffalo Niagara International Airport.

The other dispatcher told him that the last time anyone had heard from Abdallah occurred as he waited for his customers outside 312 Perry St. for a ride to 95 Comstock Ave.

“Oh no, that’s a bad call,” Porter recalled telling the dispatcher.

The company would not normally have taken such a call, because it focuses on serving patrons at the airport.

Porter testified he got in his car to look for Abdallah. The taxi company’s other drivers also swarmed the city neighborhoods looking for him. Porter eventually found Abdallah’s cab in the 700 block of Norfolk Avenue, not far from Kensington Avenue.

He looked through a window into the front seat but saw nothing. Then he peered into the back seat and spotted Abdallah.

“I lost it,” he said. “I started screaming.”

Abdallah had been shot in the head from behind, according to the prosecution.

Belling gave jurors an overview of the evidence the prosecution plans to present during the trial before State Supreme Court Justice Russell P. Buscaglia. The trial may run a month or longer and include 60 or more witnesses.

Belling said Austin told police during questioning in early April that Howie used Austin’s cellphone to call the cab company for a ride that morning and that they shot Abdallah with a sawed-off .22-caliber rifle on Clarence Avenue, then ditched the cab and body on Norfolk.

The call requesting the cab came from a cellphone number listed to Austin on his Facebook page.

Police surveillance video from a camera in the area where the cab was found show two men in dark clothing walking away from the cab shortly after 5:33 a.m., Belling said.

The prosecutor said DNA evidence links the two suspects to Abdallah.

Abdallah’s blood and Austin’s DNA were found on athletic pants that match the pants seen on a surveillance video of one of two men getting into the cab at 4:58 a.m. at the Perry Street address, Belling said .

Abdallah’s blood also was found on jeans that had Howie’s DNA on them and that matched the jeans seen on the video, he said, and DNA from Howie was also found inside Abdallah’s cab.

During testimony Thursday, a prosecution witness who had told police that Austin called for a cab early on March 6 just before Austin, Howie and another teenager left his apartment at 312 Perry, said he wasn’t sure if Austin called for a cab.

Mileec DeBerry also was unable to identify two men seen in a surveillance video getting into a cab that morning at the Perry Street address, although he had identified them as Austin and Howie when questioned by police last April.

He admitted under questioning by Assistant District Attorney Paul Parisi that he didn’t want to testify and that he was a friend of Austin but not Howie. “I don’t want to hurt Sean and his family,” he said.

The fatal holdup was the last in a series of six robberies targeting cab drivers and food deliverymen that started in late 2012. Austin and three others have been charged with robbing two other cab drivers at gunpoint and two deliverymen on Dec. 2 and 3, 2012, and Feb. 1, 2013. Two of the three co-defendants face a separate trial. The third has pleaded guilty and is expected to testify at this trial. Austin and Howie also have been charged in a Feb. 9, 2013, cabbie robbery.

Belling said Austin’s cellphone was used to set up the robberies.

In his opening statement, defense attorney Jeremy D. Schwartz, who represents Austin, said the prosecution has implied that his client was the leader of the robbery ring. He said Austin was a 16-year-old kid “left holding the bag by people who didn’t care about him.”

He noted that Howie’s DNA, not Austin’s, was found in the victim’s cab. He told the jury that his client is unsophisticated and immature and that he is not a ringleader or a killer. He said the evidence was not sufficient to convict him of murder

Defense lawyer Michael L. D’Amico, Howie’s attorney, told jurors not to trust Austin’s statements to the police about Howie’s actions, calling Austin immature and prone to offering differing accounts.

He said Belling failed to tell them in his opening statement that prosecutors don’t have the murder weapon because it was never recovered.

He said Belling also didn’t tell them that DNA can be transferred from one person to another and that DNA was not found on the keys to the cab or the steering wheel.

email: jstaas@buffnews.com

Camera catches thief in action

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Buffalo police are releasing images from a surveillance camera in hopes of finding a man who stole a Ford Explorer with an 11-year-old boy in the vehicle.

The images were captured just before 9:15 p.m. Thursday at a store parking lot at Bailey Avenue and Gerald.

The child’s mother apparently went into the store and the man then jumped into the vehicle and took off with the 11-year-old boy in the back seat, police said.

Buffalo police located the child and the vehicle on Roebling Avenue just after 10:30 p.m.

The child is safe, apparently unharmed, and was reunited with his mother.

Police continue to search for the suspect, described as possibly a black male, wearing khaki pants and carrying a black book bag.

Anyone with information is asked to call or text police at 847-2255.

Fire breaks out at Gertie’s in Clarence Center

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Volunteer firefighters from three companies this morning battled a blaze that caused an estimated $20,000 in damage to a Clarence Center restaurant.

An upstairs tenant smelled smoke, leading to a 6:40 a.m. alarm at Gertie’s, 6010 Goodrich Road, Clarence Center, officials said. The fire was declared under control at 7:09 a.m.

Clarence Center volunteers were assisted by firefighters from Clarence and East Amherst.

Fire investigators believe the blaze started downstairs, and they’re checking the possibility that it may have started either in or near the boiler room, according to Amherst fire control.

Submarine sandwich dispute ends in DWI arrest

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An argument at a Town of Boston bar Monday night led to the arrest of a 51-year-old woman on a charge of driving while intoxicated, state police reported.

Lisa M. Snyder, 51, of Boston, and her boyfriend had argued about the boyfriend eating her submarine sandwich, troopers said. And as Snyder was leaving the bar on Boston State Road late Monday, her boyfriend attempted to speak with her as she pulled away in her car.

The boyfriend, whose name wasn’t released, told troopers he slipped and the car hit his leg.

Snyder showed signs of intoxication and failed sobriety tests, police said. Following her arrest, a breath test indicated she had a blood-alcohol content of .14.

Snyder was issued tickets to appear in Boston Town Court.



Forestville man drives into snow bank, charged with driving while intoxicated

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MAYVILLE – A 38-year-old Forestville man was charged with felony driving while intoxicated and other counts after allegedly driving into a snow bank off Hanover Road in the Town of Hanover about 9:47 p.m. Sunday.

Michael A. Allen was charged with felony DWI because of a previous DWI conviction in the last 10 years. He was also charged with speeding, moving from a lane unsafely and consumption of alcohol in a vehicle. After being ticketed, he was released and ordered to appear at Hanover Town Court for further proceedings in several weeks.

Toronto man found at Peace Bridge with marijuana

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A 31-year-old Canadian man was found Monday night by U.S. Customs agent at the Peace Bridge to be carrying 30 grams of alleged marijuana. Michael Baron, a Toronto resident, was turned over to Buffalo police about 9:30 p.m. and charged with criminal possession of marijuana.

Falls man faces felony charges in series of larcenies

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NIAGARA FALLS – A Falls man accused of burglary and grand larceny in two separate cases was charged after being caught on surveillance tape allegedly using a stolen credit card in a liquor store.

William A. Reilly, 29, of Fifth Street was arraigned Tuesday in City Court on five felony charges and held on $21,000 bail after being arrested by Niagara Falls detectives at his home on Monday. He was additionally charged with resisting arrest.

He was charged in a domestic case on Feb. 2 at a motel in the 6500 block of Niagara Falls Boulevard with second-degree burglary, fourth-degree grand larceny, first-degree criminal contempt, second-degree menacing and fourth-degree criminal mischief.

In a separate case he is accused of stealing a woman’s purse near the Seneca Niagara Casino in the 300 block of Sixth Street on Feb. 7 and then was identified on store security at the Third Street Liquor store using a stolen credit card from that purse, according to police. He was charged with fourth-degree possession of stolen property and fourth-degree grand larceny.

Man gets 25 years in fatal beating of his wife

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A Buffalo man who beat his wife to death last year received a 25-year prison sentence Tuesday after her mother urged the judge to send him away for as long as possible.

Erie County Judge Sheila M. DiTullio sentenced Antoine Mattox, 32, to the maximum term for first-degree manslaughter in the fatal March 11 attack on Nedra Thomas-Mattox, 38.

“You brutally and mercilessly beat your wife to death with your own hands,” the judge said, noting that he also kicked her and beat her with an iron.

He also set her on fire for no reason during one of his “vicious and angry tirades,” DiTullio said.

“You should not walk the streets for a long time,” DiTullio said. “Society must be protected from a person like you.”

She chastised Mattox for taking the life of “a wonderful woman and good mother” who raised three good children.

As the judge described the brutal attack, the victim’s mother, Dorothy Thomas, and other family members in the courtroom cried out.

Thomas told the judge the children miss their mother dearly. She said the victim’s son, who is autistic, looks at his mother’s picture daily and says “Nedra.”

One of the two daughters acts like a mother to her brother and helps take care of him, Thomas said. The other daughter is upset her mother never had the chance to see the daughter’s son, who was born after the fatal attack.

Thomas urged the judge to impose the maximum sentence on Mattox.

“She loved him more than she did us,” she said. “Then he turned around and took her from us.”

Brian K. Parker, Mattox’s third assigned attorney in the case, said his client wanted to apologize to the family, but he was unable to speak at the sentencing hearing because he underwent mouth surgery.

Mattox was originally charged with second-degree murder in the fatal attack on his wife of 10 years in their Andover Avenue home. Their landlord found her body after Mattox fled. Police arrived at the scene that afternoon and found the couple’s 10-year-old son at home. A younger daughter was at school. The older daughter did not live there.

Mattox was arrested at a Rochester bus terminal. Police believe he was returning to Virginia, where the couple once lived and where he has relatives.

He pleaded guilty in October to the reduced charge, with the understanding he would be sentenced to the maximum prison term. He was supposed to be sentenced in early December, but at that time, he told the judge he wanted to withdraw his plea. He said one of his previous lawyers coerced him into taking the plea.

He also told the judge he wanted a new attorney. Parker was later assigned to the case. In early January, he indicated he wanted to get a fourth attorney and withdraw his plea.

But Parker said Tuesday that his client had changed his mind again and wanted to be sentenced on the manslaughter charge.

The judge sentenced Mattox as a second-felony offender. Assistant District Attorney Gary W. Hackbush said Mattox had been convicted Nov. 19, 2002, of attempted robbery in Virginia.

Mattox has a criminal record dating back to 1999, mostly involving crimes in Virginia.



email: jstaas@buffnews.com

Parking lot of local fire hall damaged by a reckless driver doing doughnuts

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ROYALTON – The president of Wolcottsville Fire Department called in the Niagara County Sheriff’s Department on Monday after firefighters found $800 in damage to their parking lot, caused by a car doing “doughnuts” on the pavement.

President Robert Groff said the suspected car, an older, 1990s model, Chevrolet Monte Carlo, had been observed in the area. He said it appears that the car entered the parking lot at 6337 Wolcottsville Road at a high rate of speed and then spun around several times, which damaged the parking lot pavement.

Firewood and scrap metal stolen in Lockport

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LOCKPORT – A homeowner in the 5400 block of Saunders Settlement Road told Niagara County sheriff’s deputies Tuesday that someone had taken $150 worth of firewood and scrap metal from open trailers on his property.

The victim told deputies that the property was taken sometime since Thursday when he loaded the wood into the trailer. Deputies said they were checking local scrap yards to try to locate the stolen metal.

Reputed Falls cocaine dealer agrees to five-year sentence

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LOCKPORT – Antoine R. Bones, whom Niagara Falls police called a cocaine dealer when they arrested him May 3, accepted a plea offer Tuesday that included a five-year state prison sentence.

Bones, 28, of South Avenue in the Falls, admitted to third-degree criminal possession of a controlled substance and will remain free on bail pending sentencing April 22 by Niagara County Judge Matthew J. Murphy III. But the sentence was agreed upon Tuesday.

Bones agreed to forfeit $2,100 police seized when they stopped Bones’ car on Highland Avenue, after failing to find him in a raid on his then-home on Centre Avenue. They seized about 11 ounces of cocaine from that house.

Buffalo man imprisoned on Falls drug charge

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LOCKPORT – A Buffalo man, who was expelled from the judicial diversion program of court-supervised drug treatment in October, was sentenced Tuesday by Niagara County Judge Matthew J. Murphy III to three years in prison and three years of post-release supervision.

Bonito P. Medina, 30, of Comstock Avenue, had pleaded guilty to third-degree criminal possession of a controlled substance after his Oct. 28, 2011, arrest by Niagara Falls police, who charged him with intending to sell 0.71 ounces of cocaine.

Medina was admitted to the treatment program, risking a maximum 12-year prison if he failed. Murphy removed him from the program after he was arrested in a woman’s house where police were trying to execute an arrest warrant. Drugs were in plain view, Assistant District Attorney Peter M. Wydysh said.

In another drug case Tuesday, Melania J. Birjukow, 20, of 100th Street in the Falls, admitted to seventh-degree criminal possession of a controlled substance and will be sentenced April 10 by Murphy. Birjukow was arrested in a drug raid on a Ferry Avenue house, when police found some oxymorphone pills in her purse.

North Tonawanda man pleads guilty to driving drunk in ex-girlfriend’s car

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LOCKPORT – James M. Martin of North Tonawanda, who was charged with stealing his former girlfriend’s car Sept. 19 and driving it while drunk, pleaded guilty Tuesday in Niagara County Court to two misdemeanors.

County Judge Matthew J. Murphy III scheduled sentencing April 14 for Martin, 42, of Goundry Street, who pleaded guilty to driving while intoxicated and second-degree criminal contempt.

The woman had a restraining order against Martin when he took her car keys after a confrontation in an Oliver Street tavern. North Tonawanda police quickly stopped Martin for driving without headlights.

Trial of Amherst woman in daughter’s death postponed three months

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The murder trial of Candace Croff Cartagena, accused of suffocating her 8-year-old daughter, has been postponed for three months after her attorney, John R. Nuchereno, withdrew to receive inpatient treatment for a pre-existing medical issue. Erie County Judge Thomas P. Franczyk had scheduled jury selection to begin March 18, but it has been rescheduled for June 9 to give her new attorney, Joseph J. Terranova, time to prepare for the trial.

Police in November 2010 found Bianca Cartagena’s body in her mother’s East Amherst home. Her body was in her mother’s bedroom. Her mother was found moaning and mumbling in the family’s backyard shed. The mother tried to kill herself by taking six different medications.

Cartagena was facing marital problems, unemployment and a house in foreclosure.

The case is being prosecuted by Thomas J. Finnerty and Kristin St. Mary of the Erie County District Attorney’s Office.

Falls man pleads guilty to Sanborn gas station holdup

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LOCKPORT – A Niagara Falls man pleaded guilty to taking part in the June 28 armed robbery of the Valero gas station and convenience store in Sanborn.

Kenneth McNeil Jr., 25, of 20th Street, admitted to a reduced charge of attempted second-degree robbery, and he faces up to seven years in prison when he is sentenced April 11 by State Supreme Court Justice Richard C. Kloch Sr.

McNeil and another man, who has yet to be charged, were armed with a pistol in the holdup. McNeil agreed to pay $421 in restitution to the business. McNeil, a second-time felon, has been in jail in lieu of $25,000 bail since his arrest Jan. 22.

Woman cut and beaten with vacuum hose

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A 32-year-old Hewitt Avenue man was arrested Tuesday morning for allegedly cutting a woman and beating her with a vacuum hose during an argument in an Olympic Avenue flat. Kyle Jordan was arrested about 7:15 a.m. and charged with a felony count of second-degree assault for the alleged attack in the third block of Olympic.

Eight UB students treated in marijuana case

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Eight SUNY at Buffalo students were reported by campus police to have gone to local hospitals over the weekend for treatment of breathing and other problems that may have been caused by smoking marijuana laced with a synthetic marijuana known as Spice or K2.

The substance is known to cause a number of adverse reactions including agitation and hallucinations. All of the students were discharged from the hospitals after they were treated. Neither University of Buffalo police spokesmen nor the school’s media staff was available late Tuesday to comment on the situation.
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