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Buffalo man charged with stealing puppies

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A Buffalo man was charged with burglary and menacing after he stole a Wohlers Avenue man’s eight puppies last fall and threatened the with a gun when confronted about the theft, Buffalo police reported Thursday.

Michael Mitchell, 20, was arrested early Tuesday on Freund Street, police said. He was charged with second-degree burglary, for allegedly stealing the puppies last Oct. 28, and menacing, for allegedly threatening the owner of the dogs with a handgun Nov. 5, according to a police report.

Reservation street fire causes $100,000 damage to two homes

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Two Buffalo firefighters had to be taken to a hospital for evaluation for minor injuries they suffered Thursday afternoon fighting a fire that caused $100,000 damage to two homes on Reservation Street in Black Rock.

The Red Cross helped five adults and four children who lived in the two apartments at 78 Reservation. The fire began about 4:30 p.m. in the rear first-floor apartment of that structure, Buffalo firefighters said.

The blaze, which remained under investigation late Thursday, caused $75,000 to the two-story frame apartment house and $15,000 in damage to the 2½-story frame house at 80 Reservation St., firefighters said.

Boot camp recommended for Falls man with illegal gun

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LOCKPORT – A Niagara Falls man was recommended Thursday for the state prison system’s boot camp-like “shock incarceration” program as a penalty for possession of an illegal handgun and some marijuana.

Niagara County Judge Matthew J. Murphy III ruled that if Antonio Hawthorne can’t cut it in the six-month program, he will serve two to four years in a regular cell.

In an August nonjury trial, Murphy convicted Hawthorne, 32, of Townsend Place, on charges of third-degree criminal possession of a weapon and unlawful possession of marijuana. The gun was found in his basement when police raided the home Nov. 10, 2011, and found marijuana allegedly packaged for sale.

Townsend argued he didn’t know the gun was there, but Murphy said the discovery of ammunition in various locations in the home undercut that claim.

Sex offender to be imprisoned after committing new crime

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LOCKPORT – A North Tonawanda sex offender admitted in Niagara County Court Thursday that he violated his probation last month by having sexual contact with a 17-year-old boy.

At sentencing March 21, Robert W. Miller, 37, of Oliver Street, will receive no more than four years in prison and 10 years of post-release supervision. County Judge Matthew J. Murphy III said.

Miller also will have to plead guilty in North Tonawanda City Court to a sexual misconduct misdemeanor, Assistant District Attorney Robert A. Zucco said.

Miller was placed on probation in December 2009 after pleading guilty to first-degree sexual abuse for molesting a 14-year-old boy in North Tonawanda in 2008.

Probation violator sent to Niagara County Jail

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LOCKPORT – Probation on a 2007 drug possession charge was going well for Nicholas J. Koch of Lockport – until he lost his job last year.

Koch, 25, of Passaic Avenue, Lockport, started drinking and stopped going to probation, Niagara County Judge Sara Sheldon Farkas said Thursday. That led to a probation violation and the one-year County Jail sentence Farkas imposed Thursday.

“Obviously, the [drug] treatment didn’t stick,” the judge said.

Copper thief pleads guilty, headed for drug treatment

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LOCKPORT – William A. Robinson, 51, of Phelps Street, Lockport, admitted in Niagara County Court Thursday that he stole copper pipes from a house on Grand Street in Lockport and sold the metal to get money to buy drugs.

Robinson admitted to third-degree burglary and was assigned by Niagara County Judge Matthew J. Murphy III to the judicial diversion program of court-supervised drug treatment.

If Robinson succeeds in the program, he will receive a misdemeanor and a probation sentence, but if not, he could spent as long as seven years in state prison.

The burglary occurred Nov. 26. Thirty pounds of copper was sold at Lock City Metals on West Avenue, Assistant District Attorney Claudette S. Caldwell said. Robinson was ordered to pay $1,100 in restitution to the homeowner.

Woman sentenced for burlarizing dead neighbor’s house

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LOCKPORT – Kristen L. Wallace, who was caught in a deceased neighbor’s house Nov. 30 stealing crackers and a bottle of laundry detergent, was admitted to the judicial diversion program of court-supervised drug treatment Thursday after pleading guilty to third-degree burglary.

“You should consider this as your last chance,” Niagara County Judge Matthew J. Murphy III told Wallace, 31, of Bristol Avenue, Lockport. If she fails in treatment, she faces up to seven years in prison.

Wallace said she was under the influence of drugs and alcohol at the time of the burglary. “I intended to see what I could possibly take,” she said.

Assistant District Attorney Ryan K. Parisi said the resident of the home had just died, and her niece caught Wallace when she came to the home to find some clothes in which her aunt could be buried.

Woman motorist dies in crash on Humboldt Parkway

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A woman motorist was killed Thursday evening after she apparently lost control of her vehicle in the 600 block of Humboldt Parkway.

Buffalo police late Thursday were continuing to investigate the cause of the fatal crash, which occurred about 6:30 p.m.

Crash investigators, who suspect a medical issue may have played a role in the crash, said the driver was traveling north on Humboldt Parkway when she apparently lost control of her vehicle and struck another vehicle before hers came to rest near a utility pole.

The woman, whose identity was not released late Thursday, was described as in her late 40s. She was taken to Erie County Medical Center, where she later died. An autopsy will be conducted by medical examiners to determine a cause of death.

Conservatives back Surrogate Judge Howe

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Erie County Surrogate Judge Barbara Howe appears headed for re-election this fall with both major parties and the Conservatives all lending support for a second term.

Conservative Chairman Ralph C. Lorigo said his Executive Committee was slated to back Howe – a Democrat – during a Thursday evening meeting in DiTondo’s Tavern. That follows the endorsement of Democratic officers earlier this month, and Republican Chairman Nicholas A. Langworthy’s expectation that the GOP will follow suit in February.

“I firmly expect we will do the same next month,” Langworthy said Thursday. “She is a great judge who is well respected.”

Howe, 65, was elected with backing from Democrats, Republicans and Conservatives for her first 10-year term in 2003. She has been laying the foundation for her 2013 campaign in recent months, without any other potential candidate on the horizon.

Lorigo said that only the officers of the Erie County Democratic Party endorsed Howe this month, noting the Executive Committee did not meet because of the fractious nature of the local group.

“So this is her first real endorsement,” Lorigo said. “I am proud to be able to deliver our endorsement to Judge Howe, who I think is an excellent surrogate.”



email: rmccarthy@buffnews.com

Molestation defendant still missing as alleged victim testifies

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LOCKPORT – As the search continued for runaway sex-crime defendant Paul S. Turley, one of his alleged victims offered graphic testimony Thursday about Turley repeatedly molesting her when she was between the ages of 5 and 7, and again when she was 12.

Turley, 47, whose last known address was on Lincoln Avenue in Dunkirk, was living in North Tonawanda when he allegedly molested two girls between 1996 and 1998.

Wednesday, Turley, who could face up to 39 years in prison if convicted on all charges, left the Niagara County Courthouse during the lunch break in the trial and did not reappear.

Thursday morning, Assistant District Attorney Elizabeth R. Donatello told County Judge Sara Sheldon Farkas that Turley’s wife, Diane G. Turley, also could not be located. A call to her place of employment resulted in word that she was absent.

Donatello told Farkas that jails and hospitals in the region have been checked, with no sign of Turley.

Defense attorney D. Daniel Stevanovic told the judge that he tried to reach his client by phone Wednesday night and Thursday morning without success. He also tried to contact the defendant through Turley’s mother, who posted a $50,000 bail bond for her son after his arrest Jan. 4, 2012.

Donatello requested that Farkas order the bail forfeited, but the judge demurred. She told Stevanovic that she would give Turley’s mother 24 hours to get her son to court. “If she can produce him, she won’t lose her money,” Farkas said.

Meanwhile, the trial continued after Farkas and the attorneys spent an hour in the judge’s chambers, questioning the jurors individually about whether they had read or heard any media reports about Turley’s flight. The answer apparently was no, as the trial continued with no jurors missing. However, Farkas imposed a gag order on the attorneys.

On the witness stand, one of the alleged victims, now 21, talked about how Turley would get her alone and fondle her during visits to his home between 1996 and 1998. When Assistant District Attorney Cheryl L. Nichols asked her to describe her relationship with Turley, the woman replied, “I tried my best not to have one. … I wasn’t comfortable around him.”

She said the Turley family moved to Wisconsin in 1998, which ended the abuse, but the Turleys returned to North Tonawanda in 2002 and resumed a relationship with the victim’s family. That eventually led to a further fondling incident on Christmas Day 2003, the woman testified. She said she never reported the incidents until the other alleged victim decided to tell police in November 2011. “It was the right thing, and I wanted to support [her],” the woman testified.

The woman said she has nightmares about being chased through woods by a man who always turns out to be Turley.

“I get very emotional if someone sits next to me,” the woman said. “I get very uncomfortable if I’m alone with an older man I don’t know.”

The other victim’s stepsister testified Thursday that this victim confided in her about the abuse in July 2007 but that the stepsister didn’t report it.

“It was no longer occurring. I didn’t think it was my secret to tell,” the stepsister told the jury. She said she didn’t learn about the other case until November 2011.



email: tprohaska@buffnews.com

Case of runaway sex suspect headed for jury

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LOCKPORT – A Niagara County Court jury will deliberate Monday on the fate of runaway sex crime defendant Paul S. Turley.

Testimony wrapped up Friday afternoon in the case of Turley, 47, of Lincoln Avenue, Dunkirk, who is accused of molesting two girls in North Tonawanda between August 1996 and June 1998, when they were between 5 and 7 years old. One of the girls allegedly was molested one more time, on Christmas Day 2003.

Earlier Friday Judge Sara Sheldon Farkas ordered the forfeiture of the $50,000 bail bond posted by Turley’s mother about a week after her son’s arrest Jan. 4, 2012.

Assistant District Attorney Elizabeth R. Donatello said Turley’s mother was asked to cooperate in the search for Turley and his wife, Diane.

Turley left the County Courthouse in Lockport at Wednesday’s lunch break in his trial on charges of molesting two girls, then ages 5 to 7, in North Tonawanda from 1996 to 1998.

Donatello said the mother “would not help. She would not assist. It appears his mother has no fear of forfeiture.”

Farkas said, “The people have to go through a procedure with the bail bondsman. Maybe he can start looking for him, too.”

Defense attorney D. Daniel Stevanovic said he hasn’t heard from Turley since Wednesday. “He hasn’t checked in with me or his sister,” Stevanovic said.

He did tell Farkas that Turley’s mother entered her son’s home and found paperwork on a table, but the couple’s dogs were gone.

“The wife may have taken them out,” Stevanovic said. “There’s no indication my client came home.”

Although Diane Turley also cannot be located, Stevanovic said, “There’s no evidence they’re together.”

Donatello said the prosecution did not present a police witness to discuss the manhunt for Turley, because his mug shot is in evidence. No announcement has been made to the jury about why Turley isn’t in court.

Farkas proposed to tell the jury in her final charge that they had probably noticed the defendant’s absence and that they shouldn’t draw any conclusions about his guilt from that fact. However, Stevanovic said he would prefer that Farkas not bring up the topic at all, and the judge agreed not to.

Turley is charged with first- and second-degree course of sexual conduct against a child and first-degree sexual abuse. He faces a maximum of 39 years in prison if convicted on all counts.

The second of the two alleged victims to take the stand testified Friday about her abuse by Turley. She said, “He would say if I told someone, they would take him away.”

The woman, now 21 and married, told the jury that when she turned 18, Turley told her, “Thank you for not telling the police.”

She didn’t report the abuse until November 2011, when she called North Tonawanda police. “We would wait until I was ready. It was my choice,” the woman said. “I had to protect other people.”



email: tprohaska@buffnews.com

Woman raped after being slipped drug in her drink

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Buffalo Sex Offense Squad detectives are trying to track down a man who raped a woman after slipping a disorienting drug into her drink at a Main Street bar early Friday morning.

The woman was later tracked down by friends who used her cell phone and found, walking on Tyler Street in a disoriented state.

The woman, who was taken to Erie County Medical Center, was unable to recall events after about 1 a.m. today when she was talking with a man at the bar of The Steer restaurant at 3151 Main St. The victim said the man was white, about five feet, nine inches tall and had darker features.

The victim told detectives she did not recall leaving the restaurant but did recall entering what she described as a narrow bedroom with a bed and a white bedspread where she was pushed onto the bed and assaulted.

Anyone with information is urged to contact the Buffalo Police confidential tipcall line at 847-2255 or test a tip at (716) 847-2255 or email the police department at www.bpdny.org.

Guns found in car after city traffic stop

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A Buffalo man and three teenaged boys were arrested by Buffalo police on weapons, marijuana and obstructing charges after three loaded handguns and a sawed-off shotgun were found in their car after a traffic stop Wednesday night on Hagen Street near Lang Avenue .

Christopher McCleary, 45, of East Delavan Avenue, was stopped after failing to stop for a stop sign at the intersection, police reported.

In the car officers found the sawed-off shotgun, a loaded .22 caliber revolver, a loaded .38 caliber revolver and a loaded 9mm pistol, according to a police report.

Police follow tracks in snow to arrest robbery suspect

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ALBION – An Albion man has been charged with holding up a convenience store Wednesday evening after police followed his footprints through the snow and found him hiding in a closet.

Police have charged that Orlando Hernandez, 19, entered the Yellow Goose store at 202 Main St. wearing a mask and made off with $287. The clerk believed he had a concealed handgun.

Hernandez, who has lived at various addresses in the Albion area in recent years, faces trial on third-degree robbery, menacing and petit larceny charges and remains jailed in lieu of $10.000 bail. He is due beck in Albion Town Court Monday.

Wilson man sent to prison for baseball bat assault

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LOCKPORT – Keith E. Blose was sentenced to two to four years in state prison by Niagara County Judge Matthew J. Murphy III Friday for breaking a woman’s jaw with a baseball bat.

Blose, 28, had pleaded guilty to a reduced charge of attempted second-degree assault for the July 1 attack in the Dorwood Park mobile home community in Wilson. Prison time was mandatory because of Blose’s record as a repeat felon.




Man imprisoned for Lockport gas station robbery

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LOCKPORT – One of the defendants in the Sept. 15 robbery of the Gulf gas station at Walnut and Washburn streets in Lockport was sent to state prison Friday by State Supreme Court Justice Richard C. Kloch Sr.

James McClendon, 50, of 21st Street, Niagara Falls, was sentenced to 1½ to three years on his guilty plea to attempted third-degree robbery.

Two other defendants have pleaded guilty to misdemeanors in Lockport City Court. Chelsee Williams, 18, admitted to third-degree assault. Jessica A. Burgess, 28, pleaded guilty to attempted fourth-degree conspiracy. Both are awaiting sentencing by City Judge William J. Watson.

Assistant District Attorney Ryan K. Parisi said the case against the fourth defendant, Ashley Bivins, 21, is pending before Kloch. All three women are from Niagara Falls.

Alleged shooter of 2-year-old girl arraigned

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LOCKPORT – The man who allegedly shot a 2-year-old Niagara Falls girl in the face Nov. 27 was arraigned Friday in Niagara County Court.

Judge Matthew J. Murphy III set bail at $200,000 for Willie R. Scott Jr., 32, of LaSalle Avenue in the Falls. He pleaded not guilty to first-degree assault, second-degree criminal possession of a weapon and first-degree criminal use of a firearm.

Police have said they believe the girl was shot accidentally while sitting in a car with a man whom they believe was the real target. The shooting occurred in front of the Hometown Market on Pierce Avenue.

Deputy District Attorney Doreen M. Hoffmann said there is still a fragment from a .357-caliber bullet in the left cheek of the girl, who turned 3 earlier this month. Another fragment struck her in front of the right ear. Hoffmann said three rounds were fired at the car.

She sought to have defense attorney Angelo Musitano disqualified from the case because he had once represented the victim’s mother, in a misdemeanor case in Niagara Falls. The mother is a witness in the shooting.

Musitano said he had represented the mother, but that shouldn’t be enough to disqualify him. Murphy said he will decide the question Feb. 21.

NT man pleads guilty to cocaine possession

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LOCKPORT – Jeffrey M. Tretter, 20, of Eddy Drive, North Tonawanda, pleaded guilty Friday in Niagara County Court to fourth-degree criminal possession of a controlled substance. He had about one-quarter ounce of cocaine May 15 as he sat in a car outside an apartment on Pine Street in Lockport, which police were raiding.

County Judge Matthew J. Murphy III assigned Tretter to the judicial diversion program of court-supervised drug treatment. Tretter faces a maximum of 5½ years in prison if he fails at the program, but if he succeeds, he will be placed on probation after his charge is reduced to a misdemeanor.

One sentenced, one pleads guilty in Niagara DWIs

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LOCKPORT – A Cambria drunken driver was sentenced Friday by Niagara County Judge Sara Sheldon Farkas to months of weekends in jail, five years’ probation and fines and fees totaling $5,520.

Donald J. Rolfe, 43, of North Ridge Road, had pleaded guilty to felony driving while intoxicated in the wake of his April 29 arrest on Youngstown-Wilson Road, where his blood alcohol content was measured at 0.20 percent.

In another case Friday, Melvin M. Early Jr., 39, of Norfolk Avenue, Buffalo, pleaded guilty to misdemeanor DWI and was scheduled for sentencing by Farkas on May 3. Early was pulled over Aug. 12 in Niagara Falls and originally was charged with a felony.

Deputy District Attorney Theodore A. Brenner told Farkas he was offering a misdemeanor plea because Early is awaiting sentencing on a DWI felony in Erie County Court March 14.

Woman avoids jail in dumping of overdose victim

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LOCKPORT – A woman who helped dispose of the body of a man who died of a drug overdose in a North Tonawanda apartment was placed on six months of interim probation Friday by Niagara County Judge Sara Sheldon Farkas.

Heather A. Fuller, 23, of Seventh Street, Niagara Falls, had pleaded guilty to a misdemeanor count of attempted tampering with physical evidence. The maximum sentence is a year in jail, which she faces if she violates probation. Fuller has a 2-month-old son.

David C. Brandl, 22, of Lockport, died from a combination of heroin and cocaine on the night of April 26-27 in the apartment of Miguel E. Febres, 33, of Zimmerman Street, North Tonawanda. Fuller was there, and she and Febres called Alix Devereaux, 27, of the Town of Lockport. The three hauled the body more than a mile to Mayor’s Park and left it to be discovered by a National Grid crew the next day.

Devereaux pleaded guilty to the same charge as Fuller. Febres pleaded guilty to a felony count of evidence tampering and was sentenced by Farkas to one to three years in prison.

“I’m inclined to order incarceration in this case. I’m going to try interim probation. I’m not optimistic,” Farkas told Fuller. “In some fashion, you participated in disposing of [Brandl’s] body like a piece of garbage.”
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