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Woman is scammed by someone claiming to be from the Internal Revenue Service

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WHEATFIELD – A Schultz Road woman was defrauded of more than $5,400 from someone claiming they were from the IRS and telling her she owned back taxes.

According to the Niagara County Sheriff Department on Tuesday an unknown male suspect coaxed the 39-year-old woman into purchasing 11 different reload cards from Home Depot. The woman said she felt something wasn’t right, but was too afraid of going to jail that she followed the man’s directions.

The victim said the man told her she owned back taxes and if she did not immediately pay her taxes she would go to jail.

The woman was sent to Home Depot, while she remained on the phone with the man, and told to purchase $2,188 worth of cards and provide him with the key codes. After she did this he told her she still owed more and was told to purchase $3,290 more worth of cards and provide the key codes, which she also did.

Deputies referred the case to the IRS Fraud Department and the Niagara County Sheriff criminal investigation bureau.

Buffalo motorist charged with DWI

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A traffic stop in Buffalo led to the arrest of a 29-year-old driver on a charge of aggravated driving while intoxicated, State Police reported Wednesday.

The sport utility vehicle was pulled over on Bailey Avenue, near East Delevan Avenue, just before 10 p.m. Tuesday after the patrol car’s license plate reader showed the SUV’s registration was suspended, troopers said.

The driver, Samantha A. Miller, of Buffalo, was intoxicated, troopers said, and was taken to a Buffalo police station, where a breath test indicated a blood-alcohol content of 0.19 percent.

Besides the DWI charge, Miller was cited for operating without insurance, passing on the right and moving from lane unsafely. She was issued tickets to appear in Buffalo City Court.

NT burglar sentenced to drug treatment in prison

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LOCKPORT – A North Tonawanda man will be sent to the state prison system’s secure drug treatment facility for his part in three business burglaries in downtown North Tonawanda in September 2011.

Charles M. Prebis, 24, of Oliver Street, will serve two to four years in a regular cell for third-degree burglary if he washes out of the treatment program, as he did the local judicial diversion program.

Prebis told State Supreme Court Justice Richard C. Kloch Sr. that he failed to show up for court for an earlier sentencing date because he knew he was going to prison and wanted to spend as much time as he could with his son. His attorney, Dominic Saraceno, said Prebis started using drugs at age 9.

Buffalo motorist charged with DWI

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A traffic stop in Buffalo led to the arrest of a 29-year-old driver on a charge of aggravated driving while intoxicated, State Police reported Wednesday.

The sport utility vehicle was pulled over on Bailey Avenue, near East Delevan Avenue, just before 10 p.m. Tuesday after the patrol car’s license plate reader showed the SUV’s registration was suspended, troopers said.

The driver, Samantha A. Miller, of Buffalo, was intoxicated, troopers said, and was taken to a Buffalo police station, where a breath test indicated a blood-alcohol content of 0.19 percent.

Besides the DWI charge, Miller was cited for operating without insurance, passing on the right and moving from lane unsafely. She was issued tickets to appear in Buffalo City Court.

Lockport man faces prison after admitting to robbery, burglary

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LOCKPORT – A Lockport man pleaded guilty to two felonies Wednesday, accepting a plea deal that limited his prison term to seven years.

Legally, Demitrius R. Cole, 19, of Gooding Street, could have received twice as long a sentence for his admissions to attempted second-degree robbery and third-degree burglary. Niagara County Judge Sara Sheldon Farkas will sentence him Sept. 11.

Cole admitted that he took part in a March 29 burglary at a Pine Street apartment that resulted in the robbery of the resident, and was part of an April 2 mugging of a Niagara Falls man on Main Street in Lockport, He will have to pay a total of $250 in restitution for the two crimes.

Assistant District Attorney Claudette S. Caldwell said Cole’s plea bargain also covers a charge in the Town of Lockport for a Nov. 16 beating.

Two 17-year-olds have pleaded guilty in the April 2 mugging, with one also admitting to a role in the Pine Street incident. Both may be granted youthful offender status.

Depew scammer returns to prison in auto repair scheme

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LOCKPORT – A Depew man will go to prison for the third time in 11 years, this time for a $7,000 theft in which he posed as an auto mechanic online.

William J. Brady, 37, of Transit Road, was sentenced Wednesday by Niagara County Judge Sara Sheldon Farkas to two to four years in prison for third-degree grand larceny and third-degree unauthorized use of a motor vehicle. Farkas said she wants to see Brady go to the prison system’s secure drug treatment program, but she expressed doubts he will be admitted.

Brady was kicked out of the local judicial diversion program after walking away from a halfway house a few months after his November admission to the program.

Brady advertised as a mechanic on the craigslist website early last year, and a Niagara County man gave Brady a pickup truck for repair. Assistant District Attorney Heather A. DeCastro said Brady kept asking for more money and eventually stopped returning the man’s calls.

Brady’s criminal resume includes a $27,000 online retail scam and a $4,000 pension fund theft in 2009, and printing three forged checks worth $1,454 on his home computer in 2003.

Judge rejects effort to cancel guilty plea in shaken baby case

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LOCKPORT – Kenneth S. Lathrop Jr. of Lockport will go to state prison next week for injuring his infant son, after State Supreme Court Justice Richard C. Kloch Sr. refused to let him cancel his guilty plea.

Kloch rejected four arguments made by Lathrop’s new attorney, Dominic Saraceno, who did not represent him Dec. 6, when Lathrop, 27, admitted to reckless assault on a child and agreed to a sentence of seven years in prison and three years of post-release supervision. Kloch said he will officially impose that sentence next Wednesday.

Kloch wasn’t impressed by affidavits from a couple of Lathrop’s relatives that they are blind in one eye, just as the infant became after the Jan. 8, 2013, incident. Kloch said there was no evidence of a genetic connection, since the adult relatives didn’t have hemorrhaging in their eye, as the child did.

Kloch rejected a report that the baby, now 20 months old, was in a car accident before the assault, saying there was no medical substantiation of a claim that the child was hurt. Also turned down as preceding the assault by too long a period was an assertion that the mother shook the baby and might have caused delayed-action injuries.

Kloch also rejected the assertion that Lathrop’s former attorney, Assistant Public Defender Michele G. Bergevin, forced him to plead guilty.

Lockport man takes DWI plea for Newfane crash

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LOCKPORT – One of the drivers in a two-vehicle accident Nov. 6 in Newfane pleaded guilty last Thursday in Niagara County Court to a misdemeanor count of driving while intoxicated, as well as imprudent speed, a traffic violation.

Craig S. Roath, 29, of Locust Street, City of Lockport, is to be sentenced Aug. 20 by County Judge Sara Sheldon Farkas. The collision resulted in a minor injury to an occupant of the other auto.

Falls man indicted on cocaine charges

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LOCKPORT – A Niagara Falls man, arrested after a Jan. 9 traffic stop, pleaded not guilty Wednesday to a five-count indictment accusing him of possessing five grams of powder cocaine.

Caesar J. Mulkey, 53, of South Avenue, appeared in Niagara County Court to answer charges of third- and fourth-degree criminal possession of a controlled substance, unlawful possession of marijuana, third-degree aggravated unlicensed operation and running a stop sign.

Gun buyback in Falls on Saturday

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NIAGARA FALLS – The New York State Attorney General’s Office will sponsor a gun buyback on Saturday as part of a statewide program to get guns off the street. Working and non-working, unloaded guns will be accepted in exchange for compensation on site. The event is a collaborative effort between the Attorney General’s Office and the Niagara Falls Police Department.

The gun buyback will be held from 10 a.m. to 1 p.m. at the former Niagara Falls Police Headquarters, 520 Hyde Park Boulevard.

“My office’s gun-buyback program is a critical component of our ongoing efforts to eradicate the devastating gun violence that has plagued our neighborhoods for far too long, and give New Yorkers across the state the peace of mind they deserve,” said Attorney General Eric T. Schneiderman.

Mayor Paul Dyster said after a successful gun buyback last year, authorities were able to get 100 guns off the street.

The money for the gun buyback comes, not from tax dollars, but from funds recovered in forfeitures and other prosecutions. The buyback will provide $25 for non-working firearms, $50 for rifles and shotguns, $75 for handguns, and $100 for assault weapons. Guns must be unloaded and packed in a box or bag.

Gun dealers and law enforcement are not eligible to participate.

Megabus catches fire on Thruway; no one injured

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PORTLAND – A tour bus en route from Cincinnati to Buffalo blew a tire and was destroyed by fire about 7:15 a.m. Wednesday on the Thruway in the Chautauqua County Town of Portland, but police said the driver and all of the 18 passengers escaped safely.

One eastbound lane of the Thruway was closed to traffic while the remains of the charred bus were removed.

Coach USA of Paramus, N.J., was identified as the owner of the bus.

Elderly Williamsville man ticketed for Depew crash with police vehicle

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An 82-year-old Williamsville man was ticketed for failing to yield to an emergency vehicle after his vehicle collided with a Depew Police cruiser on Transit Road on an emergency call about 8 p.m. Tuesday.

Police Officer Brian Gummel’s patrol vehicle was struck by the car of Raymond Simmons on Transit at French Road. Simmons said he did not see or hear the police vehicle.

Though apparently suffering an arm cut in the crash, Simmons refused medical treatment. Gummel, who had a regular day off Wednesday, was taken to Sisters Hospital for a checkup after the crash but was discharged after treatment.

The crash occurred just outside the parking lot of a 7-Eleven Store at the intersection.

Woman is scammed by someone claiming to be from the Internal Revenue Service

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WHEATFIELD – A Schultz Road woman was defrauded of more than $5,400 from someone claiming they were from the IRS and telling her she owned back taxes.

According to the Niagara County Sheriff Department on Tuesday an unknown male suspect coaxed the 39-year-old woman into purchasing 11 different reload cards from Home Depot. The woman said she felt something wasn’t right, but was too afraid of going to jail that she followed the man’s directions.

The victim said the man told her she owned back taxes and if she did not immediately pay her taxes she would go to jail.

The woman was sent to Home Depot, while she remained on the phone with the man, and told to purchase $2,188 worth of cards and provide him with the key codes. After she did this he told her she still owed more and was told to purchase $3,290 more worth of cards and provide the key codes, which she also did.

Deputies referred the case to the IRS Fraud Department and the Niagara County Sheriff criminal investigation bureau.

Buffalo motorist charged with DWI

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A traffic stop in Buffalo led to the arrest of a 29-year-old driver on a charge of aggravated driving while intoxicated, State Police reported Wednesday.

The sport utility vehicle was pulled over on Bailey Avenue, near East Delevan Avenue, just before 10 p.m. Tuesday after the patrol car’s license plate reader showed the SUV’s registration was suspended, troopers said.

The driver, Samantha A. Miller, of Buffalo, was intoxicated, troopers said, and was taken to a Buffalo police station, where a breath test indicated a blood-alcohol content of 0.19 percent.

Besides the DWI charge, Miller was cited for operating without insurance, passing on the right and moving from lane unsafely. She was issued tickets to appear in Buffalo City Court.

Lewiston woman gets six-month term for stealing from jewelry store

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A woman who stole merchandise from the Amherst jewelry store where she worked was sentenced Wednesday in Erie County Court to six months in jail, followed by five years’ probation.

Jocelyn Ramey, 31, a Canadian citizen who lives in Lewiston, also was ordered to pay $9,885 in restitution in monthly payments over the next two years to Reeds Jewelers for the thefts.

Judge Michael L. D’Amico imposed the sentence on Ramey who had pleaded guilty last month to third-degree grand larceny for taking jewelry from the store between Nov. 1 and Jan. 11.

The thefts were discovered during inventory, prosecutors said, and Reeds hired a private investigator who later presented his findings to the company and eventually the district attorney’s office and a grand jury.

Ramey, who had worked at Reeds for less than a year, was fired. She was arrested March 31 on an indictment warrant.

Ruling in Citigroup-SEC case reversed

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NEW YORK – A judge overstepped his authority when he blocked a $285 million settlement between Citigroup Inc. and government regulators over toxic mortgage securities, a federal appeals court panel said Wednesday. The 2nd U.S. Circuit Court of Appeals reversed a decision by Judge Jed S. Rakoff to set a trial date for the case brought by the Securities and Exchange Commission in October 2011.

A three-judge panel said the SEC had demonstrated it would face irreparable harm because the judge refused to reconsider his rejection of the settlement as he set a 2012 trial date. The settlement between the SEC and Citigroup came after the commission accused the bank of betting against a complex mortgage investment in 2007. It said the company made $160 million while investors lost millions.

In November 2011, Rakoff found the deal inadequate and ordered a prompt trial. He said the settlement was “neither fair, nor reasonable, nor adequate, nor in the public interest ... because it does not provide the court with a sufficient evidentiary basis to know whether the requested relief is justified under any of these standards.” Both the SEC and Citigroup appealed. Rakoff criticized the deal in part because it did not require Citigroup to admit wrongdoing.

In a decision written by Circuit Judge Rosemary Pooler, the 2nd Circuit said there was no basis in the law for a judge to require an admission of liability before approving a settlement.

Man arrested for hypo needle claimed he swallowed crack

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A 24-year-old 15th Street man was arrested in the first block of Arkansas Street about 9:30 p.m. Tuesday after police chased him on foot from the intersection of Grant and Hampshire streets where he was allegedly standing in the middle of the road blocking traffic.

Francisco Lanzo was charged with disorderly conduct and criminal possession of a hypo instrument after police reported finding a hypodermic needle in his front shirt pocket. After Lanzo claimed he had swallowed a small baggie of crack cocaine he with taken to Erie County Medical Center where he was examined and released back to the police.

Schuele Avenue man arrested with 9 mm handgun and pot

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A 32-year-old Schuele Avenue man was taken into custody Wednesday for allegedly having a 9 mm handgun and marijuana in the first block of Winter Street.

Robert Clairborne was charged with criminal possession of a weapon in the second-degree and unlawful possession of marijuana about 4 p.m. after police officers reported spotting his handgun and finding he had marijuana in the right coin pocket of his jacket.

Jamestown man arrested after heroin raid

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JAMESTOWN – A 26-year-old Jamestown man was arrested Wednesday on heroin, firearms and child endangerment charges after a late afternoon raid by Jamestown Police drug detectives and the department’s SWAT team. Steven Mojica-Medina was taken into custody during the raid at 628 Spring Street about 5 p.m.

Police reported seizing a number of bundles of heroin packaged for sale with a street value of about $3,000, a loaded .357 pistol and three small children.

Mojica-Medina was being held on two counts of criminal possession of a controlled substance in the third-degree, criminal possession of a firearm, using drug paraphernalia and three counts of endangering the welfare of a child. The three children are now being cared for by a relative and the county Child Protective Services agency has been alerted to investigate the situation. Mojica-Medina was arrested during an ongoing investigation of heroin sales and trafficking in the Jamestown area.

Anyone with information on narcotics dealing in the Jamestown area is urged to conduct the Jametown Police Anonymous Tip Line at 483-8477. All calls are kept confidential.

Accident victim has a change of heart

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An Amherst woman who four years ago asked for a probation sentence for the man whose car hit her and severed her leg while he was driving under the influence of drugs returned to court Wednesday and asked that he be sent to prison.

Sarah J. Gregory asked the judge to put Steven R. Cavarello behind bars after he violated his five-year probation sentence repeatedly by continuing to abuse opiates, cocaine and other drugs.

“Steven decided to take your and my compassion and generosity of giving him the gift of probation four years ago, and he squandered it on continued drug use,” she told the judge.

She asked for the maximum prison sentence.

Gregory, who has a prosthetic leg and walks with a cane, said she was not seeking revenge.

State Supreme Court Justice Russell P. Buscaglia sentenced the defendant to the maximum – 16 months to four years in prison.

Cavarello, 35, who lived in Lackawanna at the time of the crime and now lives in Hamburg, had pleaded guilty in January 2010 to second-degree vehicular assault, a felony, and driving under the influence of drugs, a misdemeanor, according to Assistant District Attorney Bethany A. Solek.

His attorneys said he was high on a prescription substitute for heroin and an antidepressant during the afternoon of Sept. 17, 2009, when his vehicle slammed into Gregory, who was 30 at the time, and pinned her against a parked minivan.

She was walking back to her job at Sorrento Cheese when she was hit on South Park Avenue.

Her life was saved by an unidentified good Samaritan who used his belt to stop the bleeding from her injury.

At sentencing in March 2010, Gregory, who was then in a wheelchair, came to court with her husband and spoke tearfully at times about how she “almost died.”

She said she really came to court to speak on behalf of Cavarello’s “next victim.”

Buscaglia ordered Cavarello to turn and look at her in her wheelchair.

Gregory said she could clearly recall Cavarello’s car “barreling down on me” and seeing her leg “completely severed from my body” as the driver sat in his car and looked at her.

“You did nothing to help me,” she said, adding that she spent two months hospitalized and away from her newborn daughter.

She told Cavarello she hopes he thinks about “what you stole from me for the rest of your life.”

Under orders from the judge, Cavarello turned to Gregory and told her, “I can’t begin expressing how sorry I am. I was clearly on a path to destruction” by drug use.

Buscaglia cited Gregory’s “incredible compassion” in asking that he sentence Caravello to probation.

He also fined him $6,325 and, at Gregory’s suggestion, ordered him to spend 1,000 hours speaking to groups about the dangers of driving under the influence.

He also barred him from consuming illegal drugs or alcohol while on probation.

email: jstaas@buffnews.com
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