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Tonawanda man faces felony marijuana charges following a traffic stop in Lewiston

June 5, 2014, 1:33 pm
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LEWISTON – State Police reported Thursday that they charged a City of Tonawanda man this past weekend with sale and possession of marijuana after he was found with more than 25 grams of marijuana and other drug paraphernalia in a traffic stop on Route 31.

Vincent M. Consiglio, 21, was stopped Saturday and issued a ticket for having an uninspected motor vehicle. Following the stop, he was additionally charged with third-degree criminal sale of marijuana and fifth-degree criminal possession.

A trooper said the odor of marijuana prompted a search and led to the additional charges.

Consiglio was issued an appearance ticket and a court date in the Town of Lewiston for June 17.
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Ten police agencies arrest more than two dozen in Memorial Day DWI crackdown in Niagara County

June 5, 2014, 1:35 pm
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The Niagara County Memorial Day Crackdown resulted in nearly 500 traffic tickets and over two dozen drunken driving arrests during the Memorial Day weekend, according to a report released on Thursday.

Officers from the Niagara County Sheriff Department, New York State Police and North Tonawanda, Lockport, Middleport, Lewiston, Town of Niagara, Barker and Somerset police department all participated in the crackdown.

Increased patrol units charged 28 people in Niagara County with driving while intoxicated and had an additional 26 arrests and approximately 465 traffic tickets.

The agencies also plan to work together for future crackdowns, according the Niagara County Sheriff Department.
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Two charged with selling crack and prescription narcotics in Lockport and Albion

June 5, 2014, 1:44 pm
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A Buffalo man and Lockport woman were charged Wednesday with sales and possession of crack cocaine, prescription narcotics and marijuana from the City of Lockport to the Village of Albion after a joint investigation with the Orleans County Major Felony Crime Task Force and Albion Police Department and with assistance from the Lockport Police Department.

Timothy J. Cobb, 30, of Lafayette Ave., Buffalo and Amanda K. Brosius, 33, of Erie St., Lockport were arrested in a parking lot in the 100 block of South Main Street, Albion and were each charged with multiple counts of criminal sale and possession after a search of their vehicle. With the assistance of Lockport Police a secondary search was conducted at 165 Erie St. where close to an ounce of crack cocaine, marijuana and prescription pills were seized.

Both of them also dace additional charges.

They are to appear Monday in the Town of Albion Court.
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Summit Mall metal thief succeeds in diversion

June 5, 2014, 1:45 pm
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LOCKPORT – A former Wheatfield man who took part in the theft of an estimated $50,000 worth of metal objects from the Summit Mall in Wheatfield was declared Thursday to have virtually completed the judicial diversion program of court-supervised drug treatment.

State Supreme Court Justice Richard C. Kloch Sr. reduced the charges against Patrick J. Dugan, 31, from a felony count of third-degree grand larceny to a misdemeanor, petit larceny, and scheduled sentencing for Aug. 7. Dugan will receive no more than three years’ probation, with the length of his diversion stint counting against that.

Dugan, now of Seneca Street, Buffalo, pleaded guilty in July 2012 in connection with the theft of copper wire and other metal. His co-defendant, Anthony C. LoPiccolo, 45, of Niagara Falls, also was declared a diversion success story last month. Both men were heroin users.
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Commercial storage yard reports metal cable theft

June 5, 2014, 1:53 pm
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NIAGARA FALLS – Cables and copper valued at over $22,000 were reported stolen Wednesday from an electrical supply storage yard in the 2100 block of Fairfield Avenue.

The victim at M&M Electrical Supply told police that sometime between Tuesday night and Wednesday afternoon someone took generator cable valued at $10,800, copper valued at $4,000, and communication cable valued at $7,500.

The name of a potential suspect was provided to police.
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Suspect with car keys helps himself in Falls burglary

June 5, 2014, 2:10 pm
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NIAGARA FALLS – Victims in a car burglary said they believe that someone with a set of keys left behind a few months ago were the ones who broke into their car.

The victim said he and his girlfriend saw two men running away from his car at 4:20 a.m. Tuesday in the 1400 block of Main Street. They reported a laptop, a designer purse and Blackberry cell phone were taken from the trunk and $400 was stolen from the center console. Total loss $1,900.

Police said there was no sign of forced entry.
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East Aurora driver charged with felony DWI

June 5, 2014, 2:10 pm
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A 25-year-old motorist who was driving with the headlights off Wednesday night in the Town of Elma was charged with a felony count of driving while intoxicated, according to State Police.

It was shortly after 10 p.m. Wednesday when a trooper pulled over a sport utility vehicle on Bowen Road because its headlights weren’t on. The driver, Danielle N. Szymczak of East Aurora, appeared to be intoxicated and failed roadside sobriety tests, police said.

A breath test indicated Szymczak’s blood-alcohol content was .25, police said.

A prior alcohol-related conviction, within the past 10 years, upgraded the DWI charge to a felony; she also was charged with a felony count of aggravated DWI because of the BAC reading which was over three times the legal limit.

Szymczak was issued tickets to appear in Elma Town Court.
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A utility vehicle stolen from garage

June 5, 2014, 2:40 pm
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SANBORN – A door was found forced open and a $5,500 utility vehicle was removed from an attached garage in the 3700 block of Lockport Road sometime between Tuesday night and Wednesday morning.

The owner told Niagara County sheriff’s deputies on Thursday morning that the green 2008 Polaris Razor was pushed out of the garage overnight and he believes that someone must have disabled his garage door to exit without detection.

Deputies found tire tracks and footprints in a side yard.
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Former music teacher in N. Tonawanda gets 12 years in prison for child sex abuse

June 5, 2014, 2:49 pm
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LOCKPORT – Michael J. Solomon, the former Lutheran school music teacher from North Tonawanda charged with sexually abusing a girl in a case that has dragged on for a decade, was sentenced Thursday to 12 years in prison, to be followed by five years of post-release supervision.

Solomon, 49, already has served about 7½ years of that sentence, dating back from his conviction in a jury trial in 2005, which was overturned on appeal. That trial had resulted in a 32-year sentence.

Thursday, it looked for a moment as if Solomon might withdraw his guilty plea to a reduced charge of attempted first-degree course of sexual conduct against a child, risking a new trial and a sentence of 25 more years in prison.

But after the attorneys huddled with Niagara County Judge Sara Sheldon Farkas in her chambers, the judge stepped back from her threat to sentence Solomon to 15 years instead of 12.

“I believe she wanted to honor the wishes of the victim, who wanted to get on with her life,” Deputy District Attorney Holly E. Sloma said.

Assistant District Attorney Robert A. Zucco said, “We have an extra duty to make the victim’s wishes known. Whatever happens, she wants the case to be over today.”

The victim, who was 8 when the abuse started in 1999, attended the court session but did not speak. In court two weeks ago, the woman, who was not one of Solomon’s former students, denounced him as a “sick and sadistic person” and said she would never forgive him.

Solomon taught drums and trumpet for 11 years at Matt’s Music in North Tonawanda and at two Lutheran schools, Holy Ghost in Wheatfield and St. John in North Tonawanda.

His conviction for having sex with the girl and taking pornographic photos of her was thrown out by the state Court of Appeals in 2012 because Solomon’s attorney at the original trial, Assistant Public Defender Michele G. Bergevin, had once represented one of the investigating police officers in a private legal matter. This created a conflict of interest that could not be waived, the court said.

Farkas agreed to a 12-year sentence as part of a March 5 plea agreement.

But the judge became irate at the May 22 court session after reading a presentencing interview with a probation officer in which Solomon denied wrongdoing.

Farkas threatened to cancel the plea deal but postponed sentencing until Thursday, when she said she lacked the authority to scrub a plea without the defendant’s consent.

Zucco said he thought Farkas had the right to abandon the sentencing cap she had agreed to, and sentence Solomon to the legal maximum of 15 years for the charge to which he had pleaded guilty.

Farkas said she intended to do just that, but she gave defense attorney Glenn Pincus a chance to talk her out of it. But Pincus argued for a sentence of time served.

He said that keeping Solomon in jail any longer would serve “neither the ends of justice, nor the protection of the public, nor any possible rehabilitation.”

Pincus said that since Solomon’s 2012 release, which lasted until he pleaded guilty, he had been devoting his time to taking care of his widowed 87-year-old mother.

“Michael Solomon pleaded guilty. He admitted his crime. He expressed his remorse,” Pincus said. “Nobody here thinks Michael Solomon is ever going to do anything like this again.”

Farkas answered, “I don’t know why you’re not reading between the lines here. Your client, when he walks out of here today, is going to get 12 years or 15 years. Stop talking to me about time served.”

Co-defense counsel Steven M. Cohen then cut in and asked that he and Pincus should have a chance to talk with Solomon privately. After they conferred for 15 minutes, it appeared that Solomon was going to go to trial again. That’s when Farkas summoned the attorneys to her office and settled the matter.

“I’m begging for mercy for my mother,” Solomon said when the court session resumed.

Farkas replied, “This court would be much more disposed to grant you the mercy you seek if you had taken responsibility, full responsibility, for your actions, and you did not.”

email: tprohaska@buffnews.com
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Pridgen seeks facts on Horne’s 2008 firing

June 5, 2014, 3:26 pm
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Council President Darius G. Pridgen wants to learn more about the dismissal of a police officer following a violent arrest more than seven years ago when two officers turned on each other.

“I know personally, for some, it will look like it’s opening up a hornet’s nest,” Pridgen said.

But the circumstances of Cariol Horne’s firing does not sit well with him, Pridgen said.

The Police Department fired Horne in 2008 after a disciplinary proceeding that reviewed her actions on Nov. 1, 2006.

Horne, an African-American, was involved in an on-duty confrontation with a white police officer, Gregory Kwiatkowski, who she claimed was choking a suspect during an arrest. She was fired from her job for interfering with Kwiatkowski, sparking outrage from her supporters and highlighting racial divisions on the Buffalo police force and in the community.

The bitterness between Kwiatkowski and Horne and her one-time lawyer, Anthony L. Pendergrass, stems from the 2006 police call during which then-Officer Horne jumped on Kwiatkowski’s back while he was trying to subdue a combative suspect.

Kwiatkowski, now a retired Buffalo police lieutenant after a highly decorated career, has said in past legal proceedings that he was falsely accused punching Horne and brutally beating suspects, including David N. “Neal” Mack, the suspect in the Nov. 1, 2006 incident.

Kwiatkowski subsequently won a defamation suit against Horne.

And Kwiatkowski won vindication – but no damages – in his court battle against Pendergrass. In 2011, State Supreme Court Justice Frederick J. Marshall found that eight statements Pendergrass made about Kwiatkowski – including the remark that Mack “was being choked out by Officer Greg Kwiatkowski” – were defamatory and false.

“Absolutely deny,” Kwiatkowski said in court during the 2011 trial when asked whether he choked Mack.

In a separate State Supreme Court trial in 2012, a jury found no wrongdoing by Kwiatkowski and four other Buffalo police officers in Mack’s arrest. Mack had sued the officers. The jury, made up of five whites and one black, voted, 5-1, in favor of the police officers over Mack. The only juror who sided with Mack was a black female juror.

Kwiatkowski retired as a lieutenant in 2011. He was indicted last week on charges that he used excessive and unnecessary force in an unrelated incident in 2009.

“I want to make sure the city did everything it could to investigate that situation,” Pridgen said of the 2006 incident. “Until I have comfort to know the facts, I’m not at rest with it, especially in light of recent indictments.”

Pridgen wants the city’s Law Department to provide an overview of any disciplinary action taken against Horne and Kwiatkowski and information relating to the officers’ years of service and retirement eligibility.

Pridgen has scheduled the special session to discuss the matter at on July 8 at 1 p.m.

The session will likely be closed to the public because it deals with personnel issues, Pridgen said.

Depending on what lawmakers learn, the information could be turned over to federal authorities, he said.

“You end up with some new information that you didn’t have before,” Pridgen said. “If there’s indeed a pattern of some kind of abuse, we have to look at past actions that dealt with that officer.”

Pridgen’s resolution was co-sponsored by Council President Pro Tempore David A. Rivera and Majority Leader Demone A. Smith.

email: jterreri@buffnews.com
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BMHA tenant election further delayed by court fight

June 5, 2014, 3:46 pm
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Next week’s election for two tenant commissioner positions on the Buffalo Municipal Housing Authority board has been further delayed after a judge put off a hearing originally scheduled for today on candidate Joseph A. Mascia’s bid to get back on the ballot.

State Supreme Court Justice Shirley Troutman will hold the hearing June 16 on Mascia’s request for a court order putting his name back on the ballot.

Mascia’s name was removed last month in a legal dispute over whether he is still a tenant commissioner following his April guilty plea in City Court to a misdemeanor.

The judge rescheduled the hearing to give former Erie County Attorney Laurence K. Rubin, recently retained by the BMHA and the League of Women Voters of Buffalo Niagara – which is running the election and removed Mascia from the ballot – time to respond to Mascia’s legal action against them and BMHA general counsel David Rodriguez.

In the meantime, a temporary restraining order prevents the league from holding the election, originally scheduled for Tuesday, without Mascia on the ballot, pending Troutman’s decision in the case.

The league, in a May 23 letter to Mascia, said it took his name off the ballot because he claimed in an April 11 candidate’s interview with the league that he was a BMHA tenant commissioner when he was not.

It said his position on the BMHA board automatically became vacant earlier that day when he pleaded guilty to an election law misdemeanor for failing to file campaign financial disclosure statements in his unsuccessful 2012 run for a State Assembly seat.

It said his willful false statements identifying himself as a tenant commissioner were in violation of the league’s core values of honesty, transparency and ethical conduct.

His attorney, Joseph G. Makowski, maintains that Mascia is still a tenant commissioner.

Makowski disputes the contention of the league, the BMHA and Rodriguez that the election law misdemeanor was a violation of Mascia’s oath of office under the state Public Officers Law, automatically vacating his tenant commissioner position. He says Mascia’s failure to file campaign financial disclosure statements is not a crime of moral turpitude and therefore not a violation of his oath of office.

Rubin has experience in legal cases involving the Public Officers Law and election law.

As county attorney, he issued a legal opinion in a 2007 case involving then-County Legislator George Holt, who pleaded guilty to misdemeanor charges of not turning over the state sales tax receipts collected at his restaurant. Rubin said that under the Public Officers Law, Holt vacated the office in making the plea, since it involved a violation of his oath of office.

Holt sued the county and lost. He appealed, and the appellate courts upheld Rubin’s position.

email: jstaas@buffnews.com
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Extra police presence at Fallsview Casino

June 5, 2014, 4:10 pm
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NIAGARA FALLS, Ont. – Extra Niagara Regional Police officers were stationed at the Niagara Fallsview Casino Resort as a precaution from about 1:20 p.m. to 3:30 p.m. Thursday because of a “distraught” man’s call that he was headed there with firearms. The caller said he had lost a lot of money at the gambling casino. Police said no gunman was found there.
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Hamburg to appeal court order on closed hearing

June 5, 2014, 5:21 pm
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The Hamburg School District plans to appeal the order issued today by a State Supreme Court justice that “temporarily restrained” the School Board “from conducting a hearing in executive session on the proposed removal” of a member of the board.

Andrew Freedman, attorney for the district, said the district plans to appeal the restraining order to the State Court of Appeals on Friday.

Justice Diane Y. Devlin said in court today that the board can continue the disciplinary hearing against Catherine Schrauth Forcucci, which began last week, only if it is open to the public.

Under Devlin’s order, the closed session that had been scheduled for 6:30 p.m. today could not be held. Whether a hearing is scheduled for 6 p.m. Friday will be held depends on what happens in court Friday.

The board did not resume the hearing tonight, but reporters were again locked out of the building when the board went into executive session.

A court official said attorneys for the board indicated they would not open the hearing.

Andrew Freedman, attorney for the school district, said the district plans to appeal the restraining order to the State Court of Appeals on Friday.

Devlin’s order was to remain in effect until Wednesday, when she had scheduled another court hearing on the matter, with attorneys for Schrauth Forcucci, and the School Board present.

The judge issued her order after Margaret A. Murphy, Schrauth Forcucci’s attorney, filed papers asking the court to order the School Board to allow the public to observe the disciplinary hearing.

The board majority in April charged Schrauth Forcucci with official misconduct, claiming she berated and criticized Hamburg school officials and disrespected the board president, violating board policy and the district’s code of conduct.

The board had been conducting the hearing in secret, and its attorney said the board is following the Open Meetings Law, which allows a board to go into executive session for matters relating to the removal of a person from office.

Schrauth Forcucci has repeatedly asked that community members be allowed to attend the hearing.

Murphy said in court papers that the closed hearing violates Schrauth Forcucci’s rights under the First Amendment and the state Constitution.

She also said the hearing is a quasi-judicial proceeding and cited rulings by the state Court of Appeals in two cases that such proceedings are presumed to be open to the public.

She also said the Open Meetings Law does not apply to this proceeding, meaning that the law’s exemption allowing the board to go into executive session on matters involving removing a board member does not apply.

“She’d like to have these matters heard in a public session, so the public who elected her to his position, can hear what has been alleged against her, hear how she’s refuting those charges,” Murphy said.

At today’s hearing, Murphy noted that impeachment proceedings against U.S. presidents were not held behind closed doors.

“It was done in public because they’re elected officials who must be held accountable to the public,” she told the judge.

She said her client also is an elected official and entitled to a public hearing on the charges against her, adding that her reputation has already been tainted by the allegations.

Jill Yonkers, of the Hodgson Russ law firm, one of the attorneys representing the School Board, said impeachment proceedings involve federal law, while this case involves state education law.

She said a judge ruled two years ago in a case involving the Lewiston-Porter School District that state education law doesn’t require a disciplinary hearing to be open.

After listening to arguments from both sides, Devlin said the Hamburg hearing should be open, noting that she had not yet seen any case law from the School Board attorneys saying the hearing should be held in executive session.

The School Board attorneys said they had just received Murphy’s legal papers and have not had time to file a full response. They are expected to do so by Wednesday’s 9:30 a.m. court hearing.

email: jstaas@buffnews.com

and bobrien@buffnews.com
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Good Samaritans help couple escape fire

June 7, 2014, 8:38 am
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Two people escaped unharmed from a burning Orchard Park apartment Saturday morning with the help of two good Samaritans.

Firefighters were called just before 7 a.m. to extinguish a fire inside a second-story garage apartment at 4928 Chestnut Ridge Road, near Jewett Holmwood Road, Orchard Park police said.

“The two residents were awakened by the smell of smoke in the apartment,” said Orchard Park Lt. Bruce Dearborn. “They went to the only door that the apartment had to try and leave, found that there were flames blocking the exit and returned to the bedroom to kick out the window.”

At that time, two good Samaritans arrived at the scene to help the occupants – Shawn Farrell, 32, and his girlfriend, Brianca Parkin, 25 – exit the second-story window and safely escape the fire, Dearborn said.

One of those good Samaritans was George Khangi, owner of Beerz Food Shop, located nearby. Police did not know the name of the other person.

Farrell and Parkin may have been able to get out of the burning apartment without assistance, but they may not have been able to do it without injury if not for the good Samaritans, Dearborn said.

The garage was a total loss. The cause of the fire is under investigation.

Orchard Park, Hillcrest and Windom volunteer fire companies responded and were assisted by the Reserve, East Aurora and Armor Volunteer fire companies.

email: jrey@buffnews.com
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Jeweler denied lawyer at taxpayers' expense

June 7, 2014, 12:59 pm
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The Williamsville jeweler who pleaded guilty to scheming to defraud at least 89 customers out of $630,000 over a 16-year period by selling them fake diamonds and other counterfeit jewelry asked a judge last week to assign him an attorney at taxpayer expense.

Paul Blarr, who had previously hired an attorney at his own expense, asked for an assigned counsel under the program that assigns attorneys to indigent defendants who cannot afford to retain an attorney.

Erie County Judge Michael F. Pietruszka rejected the request, noting that the money from the fraud scheme has not been recovered and there was no indication that Blarr had spent the money on drugs, gambling, a sick relative or lavish lifestyle.

The judge also noted that the 47-year-old businessman has lived frugally, raising the question of what happened to the money.

Authorities say it is not clear what he did with the money.

Blarr’s retained attorney, Charles J. Marchese, represented him at last week’s court appearance on his request for assigned counsel.

After Blarr pleaded guilty May 9 to one count of scheming to defraud his victims from 1998 to this past March, as well as to 10 counts of third-degree grand larceny, Marchese questioned the $630,000 prosecutors pegged as the total amount fraudulently gained by his client.

“We believe the numbers may have been inflated by using appraised values as opposed to monies actually paid to my client,” he said then.

After the plea, the judge allowed Blarr to remain free on $1,500 bail so he can make arrangements to make restitution before the July 25 sentencing. He faces up to 50 years in prison.

Blarr has promised to pay restitution to those he sold fake diamonds and jewelry at real diamond prices, prosecutors said.

He also has promised to take care of other victims who left jewelry with him to repair or sell on consignment and who received fake items in return or never got back their items or the money from consignment sales, prosecutors said. If he does not return the items and the money, he could face additional charges, they said.

Blarr was arrested March 21 following an investigation by the Amherst Police Department into allegations that he was selling phony diamonds and other jewelry through his RSNP Diamond Exchange and Amherst Diamond Exchange.

In publicizing the arrest, Amherst police asked customers to check the authenticity of any jewelry they bought from Blarr and to contact police. Eventually, almost 200 former customers contacted detectives, police said.

email: jstaas@buffnews.com
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Car crashes into Amherst liquor store on Sheridan

June 7, 2014, 1:02 pm
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A car crashed into Global Wine & Spirits on Sheridan Drive in Amherst at about 1:15 p.m. today. No one was injured, according to a store employee who did not want to be identified.

Half of the car went into the building by an entrance, shattering two glass panels. No one was in the aisle when the car entered the store from a parking lot, the employee said.

The car crashed into the southwest corner of the building, which is located at the intersection of Sheridan and Harlem Road by an entrance to Interstate 290 East.

The car was towed from the store within a half-hour of the crash.

The store remained open this afternoon.
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Driver injured as flatbed hauling liquid fertilzer crashes into home

June 7, 2014, 2:38 pm
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STRYKERSVILLE – A commercial truck carrying 15 tons of liquid fertilizer struck a house in Strykersville at 6:40 a.m. today.

The driver was injured but occupants of the house were not hurt, Wyoming County sheriff’s deputies said.

James Winter, 31, of Gainesville, was westbound on Minkel Road when he was unable to brake the flatbed, which struck the house at 3992 Route 78. Though little fertilizer was released, about 100 gallons of diesel fuel spilled, authorities added.

Winter was taken by ambulance to the emergency room of Wyoming County Community Health System, Warsaw, where he was treated for minor injuries and discharged, deputies said.

No charges were lodged. An investigation is underway.
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Man charged with shotgun threat, possession of snapping turtles

June 7, 2014, 4:11 pm
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A Buffalo man was arrested at 8:25 p.m. Friday on charges of threatening a man with a 12-gauge shotgun and illegal possession of snapping turtles, Buffalo police said.

Police said Hasson Patton, no age or address listed, made threats and fired a shotgun into the air.

Police charged Patton with reckless endangerment and menacing, and issued him an environmental conservation law summons. Further information was unavailable.
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Loss placed at $3,000 in Falls business break-in

June 7, 2014, 4:29 pm
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NIAGARA FALLS – Copper and brass items worth about $3,000 were stolen from a Fairfield Avenue business in an overnight burglary, police said Saturday.

Investigators believe that break-in at MGM Electrical Supply was through a second-story window between 6:30 p.m. Friday and 8 a.m. Saturday. Among items stolen were $800 in carbide tooling bits, authorities said. Police went to the scene on a burglary-in-progress call but determined noises emanating from the rear of the building were being made by a city streets crew working nearby.
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Most items stolen from boat at Olcott Harbor returned later to victim

June 7, 2014, 4:35 pm
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NEWFANE – A burglar returned most items stolen from a boat at Olcott Harbor earlier this week, Niagara County sheriff’s deputies said.

Sometime during the past week, someone entered the boat and stole a backpack containing various personal papers, including a passport, registration papers and a driver’s license, as well as a global positioning system, handheld radio and knife.

The victim, a Lockport woman, told deputies all items, except the knife, were left on the porch of her home.
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