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Unlicensed driver arrested

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A 21-year-old LaForce Place man was arrested shortly after he fled his car when it was routinely stopped by a police patrol car on Hertel Avenue at Pavonia Street about 8 a.m. Tuesday.

Darren A. Smith was arrested in a Pavonia Street backyard after a brief foot chase. He was charged with ignoring a traffic sign, obstructing government administration for fleeing his vehicle and driving without a license.

Cheektowaga man gets 10 years in prison for enticing minor

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A Cheektowaga man was sentenced to 10 years in prison after he was convicted of meeting a teenager on the Internet for the purpose of having sex.

Salvatore Tantillo II, 32, also must undergo five years of supervised release under the sentence handed down Tuesday by U. S. District Court Judge Richard Arcara. He had been convicted of enticement of a minor to engage in sexual activity.

Assistant U. S. Attorney Marie P. Grisanti, who handled the case, said Tantillo told the 16-year-old victim he was 18 years old. After communicating over the Internet with the victim, he met the girl in person for the purpose of engaging in sexual activity. It is a violation of state law for someone over 21 to engage in sexual intercourse with a person younger than 17.

The case was brought as part of Project Safe Childhood, a nationwide initiative by the U.S. Department of Justice to combat child sexual exploitation and abuse.

The sentencing is a culmination of a joint investigation by the FBI, Cheektowaga Police and Lancaster Police.

Key witness testifies about ex-union chief’s vandalism role

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They were more than fellow union members. They were close friends.

Even more important, perhaps, they were co-defendants in a criminal prosecution that rocked the local construction industry with allegations of violence and vandalism against non-union contractors.

There was a time when Mark N. Kirsch and Gerald H. Franz Jr. seemed forever bound together.

But not on Tuesday, when Franz, the government’s key witness in its case against Operating Engineers Local 17, took the stand to testify against his old friend and former union president.

Franz, who is seeking leniency in return for his testimony, told a federal court jury about Kirsch’s use of the term “turn or burn” when talking about the union’s campaigns against local contractors.

“He said they would either become union or go out of business,” Franz said.

A former business agent for the local, Franz testified about 10 different instances in which he participated in or directed others to vandalize equipment owned by non-union contractors.

Franz also told the jury about a conversation in which Kirsch advised him to build an “army” of union members who could take over the vandalism Franz once did on his own.

“It was just one of the necessary evil things we did,” he told Assistant U.S. Attorney Anthony M. Bruce.

During more than four hours of testimony, Franz portrayed Kirsch as a union leader who wanted the vandalism to continue and at the same time distance himself from it.

He mentioned several instances in which he authorized the “sanding” of heavy equipment – union members would pour abrasive sand or metal shavings into an engine – and told Kirsch about it after the fact.

“He did want to know about it but not know about it,” Franz said.

One of the first defendants in the six-year-old case to cooperate with prosecutors, Franz found himself explaining discrepancies and contradictions in what he has told the government over the years.

He acknowledged that his conversation with Kirsch about an army of union members took place in 2003, not 1998 as he initially claimed, and that he already had a small group of union members in place for the purpose of vandalizing equipment.

He also admitted trying to initially point the finger at a union leader who had died.

“Do you remember using the phrase, ‘Dead men don’t tell tales,’ ” asked Rodney O. Personius, Kirsch’s defense attorney.

“It just seemed like an easy way out at the time,” Franz said.

Personius said it wasn’t until later that Franz changed course and began blaming Kirsch.

“You knew by blaming Mark Kirsch, you could help yourself, didn’t you?” he asked.

“No, I didn’t think that at all,” Franz said.

The former organizer turned business agent began cooperating with prosecutors in 2009 and a year later pleaded guilty to a felony racketeering charge.

In return, the government agreed to recommend a reduced sentence to Chief U.S. District Judge William M. Skretny.

Over the course of his testimony, Franz acknowledged that he and Kirsch used to be good friends. They socialized outside the office. So did their wives.

He described the former union president, a well known figure in local labor circles, as an intense and confident leader, a micro-manager who almost always had the final say.

Despite that, Franz said, Kirsch was always quick to distance himself from the union’s wrongdoing while at the same time encouraging others to continue it.

“He said, ‘If I have to tell you, I can find someone else to do the job,’ ” Franz told the jury.

Now in its fifth week, the trial has centered around the government’s contention that a “Local 17 Criminal Enterprise” operated from 1997 through 2007 with the intention of forcing construction companies into hiring its members and punishing those that refused.

The defendants are accused of gluing shut the locks on work sites, using sharp metal objects called “stars” to damage truck tires and, in one instance, even stabbing the president of a local company.

In addition to Kirsch, the defendants are former business managers Gerald E. Bove and Thomas Freedenberg, and former union members Michael J. Caggiano and Kenneth Edbauer.

Franz will continue his testimony on Thursday.

email: pfairbanks@buffnews.com

Alleged trespasser charged with possessing marijuana

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A 20-year-old Trammel Walk man was arrested for allegedly trespassing in the hallway of the apartment building at 1 Byrd Way while smoking a marijuana cigarette.

Dajon Nettles was arrested in the hallway of the apartment building about 8:30 p.m. Monday. He was charged with trespass and criminal possession of marijuana in public.

Tracking device leads to arrest

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A 19-year-old Lisbon Avenue man, apparently unaware that the iPhone 5s smart phone is equipped with a tracking device listing exactly where it can be found, was arrested on felony grand larceny and stolen property charges early Tuesday for allegedly stealing a UB student’s cell phone and other property from the victim’s locker at the school’s South Campus on Main Street sometime late Monday.

Sean J. Mullins was arrested about 12:45 a.m. at his house as police used computer equipment to locate the stolen iPhone. Officers reported also recovering at Mullins’ house the victim’s stolen bank card and school identification card. Mullins was charged with fourth-degree grand larceny and fourth-degree criminal possession of stolen property.

Two Dunkirk men arrested in Buffalo at Peace Bridge

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Two 20-year-old Dunkirk men were arrested on marijuana charges by Homeland Security agents at the Peace Bridge and turned over to Buffalo police about 11:30 p.m. Monday. Donte Chambers and Damian Buchanan were both charged with unlawful possession of marijuana after they were allegedly found with 4.4 grams of marijuana.

Falls man charged in shooting

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NIAGARA FALLS – A teen was arraigned in City Court Tuesday on two felonies for allegedly shooting and injuring another young man on Whitney Avenue last month.

Joshua D. Carter, 17, of North Avenue was charged with second-degree possession of a weapon and second-degree assault with a weapon. He was released after posting $10,000 bail and a return court date was set for Friday.

The 22-year-old victim, Matthew Gulley of Niagara Falls, said that just after 9 p.m. on Jan. 15, a suspect ran up behind him while he was walking in the 1500 block of Whitney Avenue and fired one shot at him, striking him in the lower back. According to the police Gulley suffered a small gunshot wound to the upper buttocks. He was treated at Erie County Medical Center and released shortly afterwards, according to police.

Father and son accused in lottery scheme

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A father and son from Brooklyn are accused of running a lottery scheme targeting the elderly.

Corey Anthony Buddle, 22, and his father, Horace Anthony Buddle, 44, were indicted by a federal grand jury in Buffalo on charges of conspiracy to commit mail and wire fraud.

Assistant U.S. Attorney Paul J. Campana said the defendants defrauded elderly individuals from across the country by leading them to believe they won more than $1 million in cash and, in at least one case, a Mercedes Benz.

Charges against two other defendants, Otis Rickets and Orlando Buddle, who were previously charged in a criminal complaint, have been dropped.

Ohio man arrested for marijuana near Jamestown

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JAMESTOWN – The arrest of a 33-year-old man from Geneva,Ohio, for possession of marijuana and driving without use of a seat belt was announced Wednesday by State Police.

James W. Ray was stopped by troopers Saturday afternoon on the Southern Tier Expressway in the Town of Ellery after it was observed he was not wearing a seat belt.

Deputies said marijuana was found in his vehicle.

South Dayton man arrested in 101 mph car chase

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LITTLE VALLEY – The arrest of a South Dayton man for his alleged drunken driving that led to a car chase at speeds of up to 101 mph by Cattaraugus County sheriff’s deputies last Thursday was announced Wednesday by Sheriff Timothy S. Whitcomb.

Dale A. Sandy, 35, took off on Route 322 in the Town of Dayton after deputies tried to force him to pull over about 10:45 p.m. He charged through South Dayton and into Chautauqua County until he was stopped on Route 39 in the Town of Hanover.

After his arraignment in Persia Town Court on charges of driving while intoxicated, reckless driving, unlawfully fleeing a police officer, speeding and failing to yield the right of way to an emergency vehicle, he was remanded to the Cattaraugus County Jail in lieu of $1,000 bail. He faces further court proceedings in several weeks.

Burglary call leads to aggravated DWI arrest

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WARSAW – A 48-year-old Sheldon man was arrested for aggravated drunken driving after what began as a 911 call about a possible attempted burglary in the Town of Bennington on Valentine’s Day.

Robert E. Dehr was arrested by State Troopers who responded to that Feb. 14 call and learned he had been knocking on doors on Dersam Road in the township because he had driven his car into a ditch. After troopers found Dehr had a blood-alcohol level of 0.18 per cent, over twice the state’s legal limit, he was charged with driving while intoxicated and aggravated driving while intoxicated. He was also charged with making an unsafe lane change. After his arraignment in Bennington Town Court he was released pending further court proceedings in several weeks.

Second suspect arrested in Dunkirk restaurant stickup

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DUNKIRK – The second of two suspects linked to the armed stickup of a Dunkirk restaurant late last month was arrested Tuesday in Buffalo by agents of the U.S. Marshall Service, Dunkirk police announced Wednesday.

Santos Martinez of Lincoln Avenue, Dunkirk, was being held Wednesday in the Dunkirk City Jail on two counts of first-degree robbery for the armed robbery of the Alma Latina Mex Restaurant on Clifford Drive. His alleged accomplice, Jhensen (cq) A. Sanchez, 24, of King Street, Dunkirk, has been in custody since Dunkirk detectives arrested him Feb. 5. He is also held on two counts of first-degree robbery. An arrest warrant on Martinez, issued by Dunkirk City Judge Walter Drag, led to his arrest by the federal agents,

Batavia man arrested after ignoring eight traffic charges

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WARSAW – A 26-year-old Batavia man arrested by state police for speeding Monday in the Town of Covington was found to be illegally driving with a license suspended because he had ignored traffic charges eight prior times in recent years, officers said.

Jason A. Barnhart was pulled over on State Route 245 after he was reportedly clocked driving southbound up to 73 MPH in a 55 MPH Zone. He was charged with speeding and aggravated unlicensed operation of a motor vehicle. He faces further proceedings in Covington Town Court in several weeks.

Town of Tonawanda police seek witnesses to Tuesday crash

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Town of Tonawanda police were seeking witnesses Wednesday to the collision of a van and a pick-up truck about 2:30 p.m. Tuesday at the River road exit of the Niagara Thruway near Grand Island Boulevard.

Fire department crews used the Jaws of Life to remove a victim from one of the vehicles, but they have not released her name. She was reported to be in stable condition in Erie County Medical Center with injuries suffered in the crash.

Anyone with information about the crash is asked to contact Town of Tonawanda police accident investigation unit at 879-6613.

Olean businessman gets prison term for tax evasion

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Edmund J. Renaud, a former Olean businessman, was ordered Wednesday by Chief U.S. District Judge William M. Skretny to serve 15 months in prison on his guilty plea to tax evasion charges. The 71-year-old Renaud, who could have been given a prison term of up to five years, pleaded guilty last Aug. 23.

Assistant U.S. Attorney Gretchen L. Wylegala said Renaud failed to pay employment taxes from 2002 through 2008 for the businesses he then ran. In 2002 the IRS assessed him for more than $48,000 in unpaid federal payroll taxes on Southern Tier Moving and Storage Inc. which he was then running in Olean.

After he shut down that business, he ran Southern Tier Moving and Storage, LLC. until 2006, failing to pay more than $86,000 in federal payroll taxes for that business, the government said.

In 2007 Renaud agreed to an offer in compromise with the IRS for payment of only $1,500 on his payroll tax debt, officials said, but he provided the IRS with false information about his business activity in that deal, allegedly because he had become a heavy gambler, apparently losing even the nearly $100,000 he got in a Workman’s Compensation case.

Niagara Falls detectives intercept a package containing a kilo of cocaine

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“We have it,” said Narcotics Capt. David LeGault after officers took possession of a package Wednesday morning containing a kilo of uncut cocaine. The drug has a potential street value of $100,000.

He said police wanted to get the word out clearly and quickly that the package was addressed to a vacant apartment in a two-family house and was left on the porch.

The occupant of the adjoining apartment is completely innocent, had nothing to do with it, and was not charged.

LeGault said detectives who had been tracking the package of cocaine took control of it.

“We don’t want anyone to get hurt,” LeGault said of the ongoing investigation.

Legault said the package was delivered to the duplex in the city’s North End.

He said police had been working with the U.S. Postal Service for a period of time.

“We have been tracking this package and we know that the people who sent this package won’t try to recover it,” said LeGault.

He was unable to specify where the package came from or how long the investigation has been going on, but did say that investigators have an out-of-state address that the package came from and they are working with authorities on the west coast.

LeGault said the kilo of cocaine, or 2.3 pounds, has an uncut value of $36,000, but once it is cut for sale it has a potential street value of $100,000.

“Anytime you can get drugs off the street it’s a good thing,” LeGault said of Wednesday’s investigation.

Niagara Falls Police Commissioner E. Bryan DalPorto said, “Usually violence accompanies the drug trafficking industry. If we can prevent that amount of drugs from coming into the city, it’s certainly a victory for us.”

email: nfischer@buffnews.com

Prison for sex offender in online chat case

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LOCKPORT – Donald A. Lanasa, a Level 2 sex offender, was sentenced Wednesday to one to three years in prison for sending naked photos of himself to a person in an online chat room whom he thought was an underage girl. It turned out to be a police officer.

The crime, resulting in a Nov. 22 guilty plea to attempted disseminating indecent material to a minor, was part of what Lanasa thought was an online friendship that started in June 2012, Deputy District Attorney Holly E. Sloma said.

Assistant Public Defender Michael E. Benedict said Lanasa, 48, of Welch Avenue, Niagara Falls, is learning-disabled and operates at a fourth- or fifth-grade level. “He’s more comfortable with younger people,” Benedict said. “When he talks to adults, he feels like he’s over his head.” Niagara County Judge Sara Sheldon Farkas rejected Benedict’s request for a probation sentence, saying it would be “absolutely despicable to the law-abiding members of the community” to do so with a sex offender.

Lanasa is on the registry because of a 1998 conviction for molesting two girls he was baby-sitting in North Tonawanda.

NT man pleads guilty to second burglary

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LOCKPORT – Robert B. Patrick, a North Tonawanda man who had previously pleaded guilty to a garage burglary, admitted Wednesday that he burglarized a house, too.

Patrick, 30, of Vandervoort Street, entered a guilty plea to attempted third-degree burglary in connection with an Oct. 23 break-in on Ninth Avenue in North Tonawanda. State Supreme Court Justice Richard C. Kloch Sr. said the sentences for both cases will run simultaneously. meaning Patrick faces a limit of seven years in prison when he returns to court April 9.

Patrick was expelled from the judicial diversion program of court-supervised drug treatment Nov. 13 because of the new burglary arrest. He pleaded guilty in June to third-degree burglary for a Feb. 21, 2013, break-in at a garage on Maple Terrace in North Tonawanda.

Inglima, already in prison, draws one-year sex crime sentence

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LOCKPORT – Filippo Inglima, the former Buffalo and Lewiston restaurant owner, was sentenced to a year in jail Wednesday for second-degree sexual abuse, but he wasn’t there to hear the word from Niagara County Judge Sara Sheldon Farkas.

That’s because Inglima, 46, of Wheatfield, surrendered last week to begin serving a sentence of 10 years and one month in federal prison for dealing cocaine and marijuana.

The sentence for molesting a 13-year-old girl in 2004 will run concurrently with his federal drug sentence. Also, although Inglima is supposed to become a registered sex offender, he is expected to be deported to Italy after he finishes his sentence.

Driver in fatal crash gets a new attorney

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LOCKPORT – A Yankton, S.D., man, charged with crashing his car on the Tuscarora Indian Reservation and killing a passenger while seriously injuring another driver, will have a new attorney to help him mull a plea offer for the next two weeks.

Skyler T. Zephier, 21, will be sentenced to three to nine years in prison if he admits to second-degree manslaughter, second-degree vehicular assault and driving while intoxicated, County Judge Sara Sheldon Farkas said Wednesday.

Dominic Saraceno of the county Conflict Defender’s Office replaced Assistant Public Defender Charles F. Pitarresi Wednesday as Zephier’s attorney.

In the wake of a Sept. 8 two-vehicle wreck at Upper Mountain Road and Susie’s Lane, Zephier was indicted on 19 counts in connection with the death of his passenger, Brett McKee, 18, and injuries to the other driver, Jason D. Cramer, 38. Cramer suffered two fractures near the base of his spine as well as a fractured pelvis and ribs and a bruised lung.
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