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Buffalo man pleads guilty in second attack on neighbor

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A Buffalo man who damaged another man’s eye four years ago during an attack in a supermarket has admitted beating him with a club last summer after threatening to damage his other eye.

Reginald Pierce, 56, of Phyllis Avenue, pleaded guilty this week to second-degree assault and third-degree criminal possession of a weapon as jury selection was set to begin for his trial, according to Erie County District Attorney Frank A. Sedita III.

Sedita said Pierce came out of his girlfriend’s home on Phyllis the evening of June 22 and started insulting neighbors who were out on the street.

Pierce then started insulting a 65-year-old neighbor he had assaulted in 2010 at a supermarket, an attack that led to an assault conviction and jail sentence for Pierce.

“I took your one eye already, I’m going to take your other one next,” he told the neighbor, according to Sedita.

Pierce returned to his girlfriend’s house and came out moments later when the neighbor turned to go back into his house. Armed with a 3-foot-long club, Pierce hit him in the head, arm and leg, shattering the victim’s forearm and cutting his head.

When the victim managed to take the club from Pierce, Pierce ran back into his girlfriend’s house where Buffalo police arrested him minutes later.

Sedita said it was Pierce’s third assault conviction in a long campaign of hostility and aggression toward his neighbors.

“No one should be bullied in their own neighborhood,” Sedita said. “And ... cowardly attacks on defenseless and unsuspecting neighbors cannot go unpunished.”

Assistant District Attorney Ryan Haggerty said Pierce had moved into the neighborhood a few years ago and offered to work as a handyman for neighbors, but neighbors rejected his offers, leading to Pierce’s animosity toward them.

Pierce faces up to seven years in prison when he is sentenced June 17 by State Supreme Court Justice Christopher J. Burns.

email: citydesk@buffnews.com

10th Street Gang member pleads guilty in West Side slaying

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During the bloody summer of 2009, Miguel Moscoso went looking for Christian Portes.

They were rival West Side gang members and once Moscoso found Portes, who was only 14, he shot and killed him.

Moscoso, a member of the 10th Street Gang, admitted pulling the trigger that June night five years ago as part of a plea deal that came on the eve of his federal court trial.

“He admitted shooting Christian Portes in the head," Assistant U.S. Attorney Joseph M. Tripi said Wednesday.

By taking a plea deal, Moscoso became the seventh 10th Street member to plead guilty this week and avoid a trial that was scheduled to begin Thursday.

He pleaded guilty to a racketeering conspiracy charge but, as part of a plea agreement, admitted killing Portes, a Seventh Street gang member, after finding him at a house party on Whitney Place.

“My client is extremely remorseful about the death of Christian Portes," said defense lawyer Kevin W. Spitler. “We are hopeful the judge will impose a sentence that is appropriate under all the circumstances and recognizes my client’s entire background."

Moscoso’s admission of guilt was the latest in a series of pleas that began Monday when five 10th Street gang members appeared before U.S. District Judge Richard J. Arcara to plead guilty.

The five defendants – Matthew Deynes, David Deynes, Desmond Ford, Charles Watkins and Nourooz Ali – all pleaded guilty to racketeering conspiracy charges.

Another gang member, Omar Hernandez, pleaded guilty to the same charge on Tuesday.

Tony Peebles, who also was scheduled to go on trial this week, has not taken a plea deal but was in court Wednesday indicating he may consider an offer from prosecutors.

Arcara gave Peebles until 3 p.m. Thursday to make up his mind.

The guilty pleas bring to 37 the number of 10th Street gang members and associates who have pleaded guilty in the case.

The prosecution is the result of an investigation by the FBI’s Safe Streets Task Force.

email: pfairbanks@buffnews.com

Police find no indications of foul play in death of Barry Snyder Jr.

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Investigators from the Cattaraugus County Sheriff’s Office looked into the death of Seneca Nation businessman Barry E. Snyder Jr. but have found “no indications of foul play,” Sheriff Timothy E. Whitcomb said late Wednesday.

“From all indications, based on our investigation and based on autopsy results, we believe he died of natural causes, believed to be cardiac arrest,” Whitcomb told The Buffalo News.

Snyder, the 52-year-old son of Seneca Nation President Barry E. Snyder Sr., died last Thursday at his Irving home. According to Whitcomb, police investigated the death because people who knew Snyder told officers he had been involved in a fight or confrontation about a week before he died.

“We learned that he was involved in some kind of fight or altercation in the Indian Hill neighborhood about a week before his death. He had come home that night with a knot on his head,” Whitcomb said.

An autopsy that was conducted by the Erie County Medical Examiner’s Office found “no indications of foul play” or any link between the altercation and the death, the sheriff said.

The Indian Hill neighborhood is on the Seneca Nation’s Cattaraugus Reservation.

“We still are chasing leads about what happened on Indian Hill. We’re also waiting for the results of toxicology tests,” Whitcomb said. “But based on the autopsy results, we’ve got no indication that trauma from the fight had any link to his death.”

Although Snyder died in Erie County, the Cattaraugus County Sheriff’s Office was asked to investigate because the altercation took place in Cattaraugus County, Whitcomb said.

A father of seven who formerly ran a smoke shop, Snyder was found not breathing at his home. Police and emergency medical technicians responded to the home, and an ambulance took him to Lake Shore Hospital, where he was pronounced dead, Whitcomb said.

A former Silver Creek High School football star who collected vintage cars and motorcycles, Snyder was buried Tuesday after a service in Good Shepherd Episcopal Church, Irving.

email: dherbeck@buffnews.com

South Buffalo man admits to Wheatfield store burglary

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LOCKPORT – A South Buffalo man who is already in state prison for a streak of convenience store burglaries in Erie County “slipped over the border and did one in Niagara County,” Niagara County Judge Sara Sheldon Farkas said as she accepted his guilty plea Wednesday.

James M. Trala, 27, of Mackinaw Street, admitted to a reduced charge of attempted third-degree burglary in exchange for Farkas’ promise that the sentence she will impose April 9 will run simultaneously with the term he is already serving.

He and Phillip S. Muzzy Jr. 30, also of Mackinaw Street, were indicted in connection with an April 23 break-in at a Citgo station at River and Williams roads in Wheatfield.

Trala went to prison for two to four years in January after pleading guilty in Erie County to third-degree burglary, attempted third-degree burglary fourth-degree criminal possession of stolen property and felony driving while intoxicated. He is awaiting admission to the state’s boot camp-style “shock incarceration” program.

Lockport man arraigned on double assault indictment

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LOCKPORT – A Lockport man, charged with hitting a man with a baseball bat Feb. 7 and with stabbing a man Feb. 23, pleaded not guilty at his arraignment Wednesday in Niagara County Court.

Jason T. Clark, 39, of New York Street, is charged with one count of first-degree assault and two counts each of second-degree assault and third-degree criminal possession of a weapon. Judge Sara Sheldon Farkas ordered Clark held without bail in part because of his past criminal record, which included 15 years in prison for a 1993 shooting and attempted robbery of a man in the Lockport Mall parking lot, interspersed with several parole violations.

The bat assault allegedly occurred on Juniper Street in the City of Lockport and the stabbing in the parking lot of the Big Lots store on South Transit Road in the town of Lockport on the afternoon of Feb. 23, after an argument that started inside the store.

Clark was apprehended Feb. 25 at a house on Orleans Avenue in Niagara Falls. Brittany Blenker, 23, of Main Street in the Falls, allegedly charged the arresting officers and grabbed a detective’s gun, which fired. The bullet grazed the thigh of another woman nearby. Blenker was charged with first-degree assault and other counts.

Drug dealer who assaulted customer pleads guilty

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LOCKPORT – A Niagara Falls man, who stabbed and punched his purported customer during a Nov. 9 cocaine sale on 86th Street in the Falls, pleaded guilty to two felonies Wednesday.

Joel S. Zsebehazy, 29, of 18th Street, was admitted to the judicial diversion program of court-supervised drug treatment by County Judge Sara Sheldon Farkas after pleading guilty to attempted second-degree assault and third-degree criminal sale of a controlled substance.

Zsebehazy, who was sentenced last year to a year in jail for trying to choke a woman who had an order of protection against him, faces up to nine years in prison if he fails in diversion. But the charges will be reduced to misdemeanors with a probation sentence if he succeeds.

Falls man imprisoned for heroin possession

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LOCKPORT – A Niagara Falls man who was arrested in a June 19 drug raid on his apartment was sent to state prison Wednesday by State Supreme Court Justice Richard C. Kloch Sr.

Jose D. Garcia, 54, of Niagara Street, Niagara Falls, was sentenced to 2½ years in prison for his guilty plea to a reduced charge of attempted fourth-degree criminal possession of a controlled substance.

He had to forfeit $2,015 police seized in the raid that uncovered a quantity of heroin.

Sloan man pleads guilty to breaking into neighbor’s business

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A Sloan man has admitted breaking into a neighbor’s garage last May and stabbing a man who tried to stop him from stealing tools the neighbor used in his tile business.

Patrick Gajkowski, 36, of Halstead Avenue, pleaded guilty this week to first-degree robbery and second-degree burglary, according to Erie County District Attorney Frank A. Sedita III.

Sedita said Gajkowski broke into the garage owned by Daniel Santana, who does business as Dan the Tile Man. He said Gajkowski was stealing contracting materials and tools when an employee of Santana tried to stop him and Gajkowski stabbed him. Cheektowaga police apprehended Gajkowski as he tried to flee.

Gajkowski has two felony drug convictions, a felony DWI conviction and six misdemeanor convictions. He faces up to 25 years in prison when he is sentenced May 13 by State Supreme Court Justice Russell P. Buscaglia.

Woman admits embezzlement from Lockport business

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LOCKPORT – A North Tonawanda woman, who paid full restitution for money she stole from a former employer when she pleaded guilty Nov. 13, was granted a conditional discharge Wednesday by Niagara County Judge Sara Sheldon Farkas.

Brooke A. Smith, 22, of Sweeney Street, had been allowed to plead guilty to a reduced charge of petit larceny. She paid back $8,605.69 to A&A Beauty Supply of Lockport. She looted the money while working there between Nov. 20 and March 29, 2013.

Farkas, who said the restitution money actually came from Smith’s mother, complimented a bank teller for noticing that a check purportedly from Smith’s employer bore a forged signature.

Hit man’s cold feet lead to arrest in murder-for-hire

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The would-be hit man got cold feet.

He was onboard when a 29-year-old Depew woman, whose car he sometimes repaired, offered him a different type of job – $1,000 to kill her meddling mother-in-law, whom she blamed for her failing, three-year marriage.

Jean M. Rzeznik-Stanton figured that the mechanic could fix things, police said, but it didn’t work out that way. He changed his mind.

Now Rzeznik-Stanton, a licensed practical nurse and mother of three, is charged with second-degree conspiracy to commit murder, following a lightning-fast sting operation by Buffalo Police Department Intelligence Unit detectives.

The murder-for-hire plot began about a month ago, when Rzeznik-Stanton offered the mechanic, who is also a family friend, $1,000 to kill 54-year-old Rosemary A. Stanton, of Buffalo, according to police. If that killing “worked out,” the daughter-in-law allegedly promised the mechanic more of the same type of work.

Rzeznik-Stanton’s anger extended to two other members of her husband Michael’s family, according to Detective Sgt. David M. Lillis.

“She also wanted to have her husband’s sister and a goddaughter of her mother-in-law killed and was willing to pay $1,000 each for those killings,” Lillis said.

By killing the grown sister and goddaughter, Lillis explained, Rzeznik-Stanton believed she would maintain custody of the three young children she has with her estranged husband, if by chance he went ahead and left her.

He was still living with her but was in the process of making arrangements to move out of their home on the 5200 block of Transit Road in Depew, Lillis said.

The mechanic, whose name is being withheld by police, was initially intrigued by Rzeznik-Stanton’s offer. She told him he would be paid with cash she expected from an anticipated lawsuit settlement in a personal-injury accident. But as he continued to mull over the proposition, he got cold feet and contacted Rosemary Stanton and informed her of the daughter-in-law’s offer to hire him to kill her.

Alarmed at the murder-for-hire plot, Rosemary Stanton went to the South District police station on Tuesday of last week and met with District Detective Dawn Lopez. She took a statement from the mother-in-law and then notified the Intelligence Unit detectives who jumped on the case.

The detectives interviewed the mechanic, and he agreed to cooperate in a scenario that included a secretly recorded phone call to Rzeznik-Stanton and a rendezvous with her where the mechanic would introduce the daughter-in-law to someone else more willing to do the job. That second “hit man” was actually Detective Jason M. Mayhook. “They met at Bailey Avenue and Clinton Street and got in the car with Detective Mayhook. They then drove to where Rosemary Stanton lives, and Rzeznik-Stanton pointed the house out on Bailey Avenue,” Lillis said.

The ruse continued until they returned to Bailey and Clinton, where Rzeznik-Stanton was placed under arrest. She was taken to Buffalo Police Headquarters, where she confessed, police said.

“She was surprised at first but admitted to participating in the murder-for-hire,” Lillis said, adding that the investigation was carried out in a rapid one-day operation that required several detectives and police officers in addition to guidance from the Erie County District Attorney’s Office.

Rzeznik-Stanton, employed by a health care agency that provides residential nursing services, was released three days ago from the Erie County Holding Center on $15,000 bail.

Her case, pending in Erie County Court, will be presented to a grand jury, authorities said.

Assisting in the case were Intelligence Unit Detectives Earl E. Perrin, Craig J. Leone, Kevin F. Maloney; Narcotics Unit Detectives Leo McGrath, Anthony J. LaPiana, Carmen D. Clark, William J. Gambino, Mark K. Locicero, and Jeffrey R. Weyand, plus South District Officers A.J. Szymkowiak II and Natasha T. Anderson.

“Our Intelligence Unit detectives probably saved a life or two,” Police Commissioner Daniel Derenda said. “They did an excellent job.”

email: lmichel@buffnews.com

Most serious charge dropped against community activist with gun in Buffalo school

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Dwayne A. Ferguson, the community activist arrested last month after he was found carrying a loaded handgun at an East Side school where he works with an after-school program, has won dismissal of the most serious charge against him but still faces two other charges,

The felony charge of second-degree criminal possession of a weapon was dropped after it was determined that Ferguson has a permit for the gun he was found carrying Feb. 6 at Harvey Austin Elementary School, according to First Assistant District Attorney Michael J. Flaherty.

But Ferguson still faces a felony charge of criminal possession of a weapon on school grounds and a misdemeanor count of obstructing governmental administration.

The dismissed weapon charge carries a maximum prison sentence of up to 15 years, while the remaining weapon charge involves a maximum sentence of up to four years.

Flaherty said the charge of weapon possession on school grounds had been a misdemeanor but was made a felony under the NY SAFE Act, which Gov. Andrew Cuomo signed into law last year.

The obstruction charge carries a maximum sentence of one year in jail.

Ferguson, 52, of Butler Avenue, was in City Court today for a felony hearing, but his attorney, Joseph A. Agro, waived the hearing.

The case will be presented to an Erie County grand jury or resolved in some other manner in county or state court.

The school on Sycamore Street was put on lockdown shortly after 4 p.m. Feb. 6 when the school office received an anonymous call that there was a man with a gun on or near the school property. About 60 students were in the building for after-school programs.

About 15 patrol cars responded to the scene, and the lockdown ended about four hours later when Ferguson was arrested. He pleaded not guilty and was released on his own recognizance.

Ferguson, longtime president of the MAD DADS Buffalo chapter and a volunteer with Buffalo Peacemakers, which seeks to defuse violence in neighborhoods and at public events, has worked with at-risk youth in after-school programs in various city schools for several years.

Federal judge dismisses ex-coach’s suit against UB, NCAA

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Former University at Buffalo basketball coach Tim Cohane has lost another round in his 10-year legal battle with UB and the National Collegiate Athletic Association.

A federal judge has dismissed Cohane’s lawsuit accusing the NCAA of conspiring with UB and the Mid American Conference to remove him as head coach.

The ruling by Chief U.S. District Judge William M. Skretny is based in part on the recommendations of U.S. Magistrate Judge H. Kenneth Schroeder Jr., who ruled that Cohane was given plenty of opportunity to challenge his resignation and the NCAA violations against him.

Skretny’s decision is the latest development in a suit that has its roots in Cohane’s resignation in 1999 and allegations of intimidation and bullying by the NCAA and UB and bribes and threats by Cohane.

Cohane’s attorney said he will appeal.

Urban Street man pleads guilty to holding up, shooting at La Nova employees

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A Buffalo man Thursday admitted robbing two La Nova Pizzeria employees at gunpoint last fall as they left the West Side restaurant with more than $5,700 to make a bank deposit.

He also admitted shooting at other employees who pursued him as he fled and who eventually caught him.

Terrance Price, 21, of Urban Street, pleaded guilty to first-degree robbery and two counts of second-degree criminal possession of a weapon in the Oct. 24 holdup outside the restaurant at West Ferry and Hampshire streets.

The two employees were robbed of a bag full of cash at about 9:30 a.m. in the restaurant’s parking lot as they headed for the bank, prosecutors said. When other employees gave chase, the robber started shooting.

But the employees continued to pursue him through back yards and over a fence until he fell on 18th Street where they held him for police, according to employees.

The money has not been recovered.

Price faces up to 25 years in prison when he is sentenced May 28 by State Supreme Court Justice Russell P. Buscaglia, according to Erie County District Attorney Frank A. Sedita III.

Price has a previous conviction for robbery and corrupting a minor in Pennsylvania. At the time of the La Nova holdup, he was on probation in the Pennsylvania case after having served a year in prison, prosecutors said.

Two-story house fire in Town of Ellery

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MAYVILLE – An electrical circuit problem led to a fire that began in the kitchen of a two-story vacation home at 3950 J T Avenue in the Greenhurst Village subdivision of the Town of Ellery about 7:45 a.m. Thursday, according to the Chautauqua County Fire investigation Team.

The Fluvanna Fire Department, aided by other fire companies, extinguished the fire. No damage estimate was made public.

Jamestown drug store robbery under investigation

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JAMESTOWN – City police asked anyone with information about someone wearing an unusual sweatshirt with the words “Tailgate Guy” on its front ito contact them in a continuing investigation of the armed robbery of the CVS Drugstore at 19 S. Main Street in the Brooklyn Square Plaza about 2:15 a.m. Wednesday.

The masked bandit was filmed by a surveillance camera system operated by the Kwik Fill Store on nearby Fluvanna Avenue. Anyone with information is asked to contact Jamestown police at 483-7531 or leave an anonymous tip at 483-8477.

4 Lockport men arraigned on felony drug charges

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LOCKPORT – Four Lockport men pleaded not guilty Thursday in Niagara County Court to indictments charging them with multiple drug sales.

Two of the defendants live in the same apartment building on Lincoln Place: Jose L. Molina-Roman and Marcus A. Walton, both 34.

Walton is accused of two counts each of third-degree criminal sale and possession of a controlled substance, while Walton faces three counts of each charge.

Both are accused of selling cocaine in the Town of Lockport, Molina-Roman on Jan. 10 and 22 and Walton on Jan. 14, 17 and 21, Assistant District Attorney Laura T. Bittner said.

Walton is awaiting sentencing for first-degree criminal contempt for violating a restraining order by damaging a former girlfriend’s clothes with bleach after entering her apartment Feb. 7.

Two counts each of third-degree drug sale and possession were lodged against Michael P. Salhany, 36, of Spruce Street, and Bradley A. Miner, 27, of Elmwood Avenue. Salhany was accused of selling morphine in the City of Lockport July 26 and 29, while Miner’s drug deals allegedly occurred Jan. 6.

Falls man pleads guilty to harassing estranged wife

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LOCKPORT – A Niagara Falls man who was indicted in connection with two domestic incidents involving his estranged wife was allowed to plead guilty to a single misdemeanor Thursday before Niagara County Judge Sara Sheldon Farkas.

Joseph N. Smith, 38, of 18th Street, admitted to second-degree aggravated harassment and is scheduled for sentencing May 29. He could go to jail for up to a year.

Originally, Smith was charged with using a knife Oct. 4 to threaten the woman in the presence of their 8-year-old daughter. He didn’t admit to that, but he pleaded guilty to sending a harassing electronic message to the woman Sept. 1.

Much arrested Buffalo man jailed for paving scam

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Ronald E. Jablonski Jr., 53, a much-arrested Buffalo man was ordered Thursday by Cheektowaga Town Justice Paul S. Piotrowski to spend up to the next six months in jail for bilking an elderly Cheektowaga man out of $335 on a driveway paving job he never performed.

The judge noted the guilty plea of Jablownski, a Baraga Street resident, to a petit larceny count in the case and his refusal to return money to the West Rouen Drive resident who paid him in full in advance of the expected paving job last summer. The judge also noted Checktowaga Detective Lt. Ken Rusin had ordered Jablonski to either perform the paving job or return the money but he did neither. The judge said he was sending him to jail for having “violated a trust” and because of his 45 prior arrests.

State police DWI arrest in Lewiston

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LEWISTON – A 58-year-old Niagara Falls man was stopped by state police for allegedly erratic driving Tuesday afternoon along Route 31 and ultimately arrested on drunken driving and traffic infraction charges.

Donald V. Reilly was found to have had a previously DWI conviction in the last ten years and Tuesday had a blood-alcohol level of 0.17 per cent, more than twice the state’s legal limit. He was issued tickets and ordered to appear next Wednesday in Lewiston Town Court for further proceedings.

Falls teen is prison-bound after second felony plea

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LOCKPORT – A 17-year-old from Niagara Falls will be going to state prison after his second felony conviction, Niagara County Judge Sara Sheldon Farkas said Thursday.

Mason B. Denison of Linwood Avenue pleaded guilty to third-degree robbery for his role in the strongarm robbery of three men Sept. 12 near the Hometown Market at 15th Street and Pierce Avenue in the Falls. The victims were struck with blunt objects and robbed of cash and credit cards.

Charges remain pending against a co-defendant, Michael Maye, 29, of Whitney Avenue.

Denison had pleaded guilty last year to third-degree burglary for a May 15 break-in at a Linwood Avenue home. Farkas said when Denison is brought back to court May 28, she will impose concurrent sentences with a recommendation to send Denison to the state prison system’s boot camp-style “shock incarceration” program.
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