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Falls men face drug and weapon charges

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NIAGARA FALLS – City narcotics detectives uncovered drugs and loaded guns Wednesday night at a residence on 12th Street, police said.

Rashan M. Vincent, 32, of 12th Street, was charged just after 9 p.m. with three felony counts, including third-degree criminal possession of a controlled substance with intent to sell, fourth-degree criminal possession of a controlled substance and second-degree criminal possession of a loaded firearm.

Vincent H. Travis, 55, of the same address, was charged with second-degree criminal possession of a weapon, and misdemeanor charges of seventh-degree criminal possession of a controlled substance and fifth-degree criminal possession of marijuana.

Surveillance camera helps solve Falls store theft

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NIAGARA FALLS – A Dollar Tree store manager was able to identify a suspect accused of stealing another shopper’s backpack by using a store security video.

As a result, police said, Kari L. Weston, 42, of Cleveland Avenue, was charged with fourth-degree grand larceny and criminal possession of stolen property after officers found her at her home with the backpack and its contents just before 11 a.m. Wednesday.

About an hour before that, a 20-year-old woman said she came into the Dollar Tree on Portage Road and left her pink backpack on a cart in the front of the store. She said the backpack contained her textbooks and a laptop computer. When she returned about 10 minutes later, the backpack was gone, the woman told police.

Weston told police she watched the backpack unattended for a short while, then decided to take it and leave, according to a police report.

Separate trial sought for suspect in Falls body dumping

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LOCKPORT – The attorney for Tyler S. Best, the Buffalo man accused of helping dispose of the corpse of a 5-year-old girl in a Niagara Falls garbage tote, said Wednesday he will seek to have Best tried separately from the girl’s alleged killer.

Best, 18, of Barnard Street, is charged with a felony count of tampering with physical evidence for allegedly helping John S. Freeman Jr. throw away the body of Isabella S. Tennant, the Cheektowaga girl who was allegedly strangled in her great-grandparents’ Niagara Falls home Aug. 26.

Freeman, 17, of Sixth Street, Niagara Falls, who is charged with second-degree murder, had been baby-sitting the girl, police said. Best went to Police Headquarters the next day and told them where to find the body.

He and Best are scheduled to be tried jointly April 15, but Best’s attorney, James J. Faso Jr., said he will file a severance motion. Niagara County Judge Matthew J. Murphy III said he will rule on the request by March 7.

Best’s statements are admissible in full, since a police videotape of the interview showed him under no duress as he freely shared his role in the disposal of the girl’s body and gave “a detailed description of where to find it,” Murphy ruled Thursday.

Springville man arrested twice in same day for DWI

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A 52-year-old Springville man had a bad day Sunday – being arrested twice for driving while intoxicated.

State police charged Earl D. Williams with DWI after saying he was intoxicated and had an open container of alcohol in his vehicle, which had gone off the east shoulder of the road into a ditch. The incident occurred at about 8:15 p.m. on Boston State Road in the Town of Boston.

Williams was taken to Erie County Medical Center for treatment of back pain.

A search of his vehicle found a traffic ticket showing that Williams had been arrested for DWI by Erie County sheriff’s deputies at 2 a.m. Sunday in the Town of Concord, according to the state police report.

Amherst house fire confined to exterior wall

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Volunteer firefighters from Eggertsville and Snyder managed to confine a house fire to an exterior wall early this morning on Woodcrest Drive, Amherst fire officials reported.

The blaze, which was reported at about 3 a.m., caused an estimated $15,000 damage at 107 Woodcrest Drive, which is west of Sweet Home Road, a few blocks north of Sheridan Drive.

The cause of the fire remains under investigation.

Ken-Ton students released after lockout mode

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Security was heightened at four Ken-Ton District schools Monday, after a report to police about a man seen with a handgun at a nearby gas station who was overheard saying, “It’s time to lock and load,” police and school officials said.

Hoover Elementary and Middle schools, Lindbergh Elementary and Kenmore West High were all in lockdown. There was nothing to suggest a specific threat against schools or children, but school officials acted out of an abundance of caution.

Town of Tonawanda Police Lt. Nick Bado said police got a call about 7:20 a.m. from a person who said he was at the Mobil-Tim Hortons at Highland Parkway and Colvin Boulevard when a man cut through the lot on foot. The witness said the man was in his 60s or 70s, had a white beard and was wearing a gray shirt, jeans and a baseball cap. He appeared to be carrying a black handgun and said: “It’s time to lock and load.” A letter was sent home to parents of students from the locked down schools.

A letter was sent home to parents of the locked out schools to explain the situation. Click here to read the text of the letter.

IRS ordered to refund $1.2 million to Ciminelli

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A federal judge has ordered the Internal Revenue Service to refund nearly $1.2 million plus interest to LP Ciminelli, a local construction company.

The judgment stems from a dispute over income taxes the IRS claimed were owed by Ciminelli in 2004 as a result of accounts payable held by Cowper Construction, a Ciminelli subsidiary that had previously closed.

Daniel C. Oliverio, a lawyer for Ciminelli, said the company was required to pay the tax bill before it could challenge the IRS’s position in federal court.

The matter went to trial last year and U.S. District John T. Curtin ruled in the company’s favor and ordered the government to refund the money Ciminelli had paid plus $219,537 in interest.

Three men arraigned on home-invasion charges

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Three men accused of binding a homeowner and his wife with duct tape and brandishing a revolver during a Buffalo home invasion in December were arraigned today on first-degree robbery and burglary charges.

Upstairs tenants called police after spotting three men enter the 19th Street home.

The police surrounded the house and apprehended the suspects, who hid upstairs, according to the Erie County District Attorney’s Office.

Authorities do not believe the three picked the house at random. However, the victims did not know the suspects.

“Home invasion, short of murder, I can’t think of a worst crime or allegation,” State Supreme Court Justice M. William Boller said during the hearing.

Charged were Luis Ayala-Pizarro, 19; Carlos Morales-Alvarez, 21; and Kelvin Viera-Morales, 23, according to the District Attorney’s Office.

Two of the three do not have a local address, said Assistant District Attorney John Feroleto.

Boller cited the defendants ties to Puerto Rico and New York City when setting their bails.

“It’s easy to get on a plane and take off,” Boller said.

When a defense lawyer questioned the $100,000 cash bail or $200,000 bond set for Viera-Morales – the highest of the three amounts – Boller said his client is “very fortunate he has any bail.”

Feroleto said Viera-Morales has two previous arrests in 2009 in Puerto Rico, although the disposition of the cases was not clear at the arraignment.

Ayala-Pizarro, a native of Puerto Rico, has a full-time job at a home improvement store, is married and has two children, according to defense attorney Emily Trott. His $50,000 bail was the lowest amount among the three.

Defense lawyer Daniel J. DuBois said he has been in almost-daily contact with the parents of his client, Morales-Alvarez, who has no previous arrests.

If convicted, the defendants face between five years and 25 years in prison, Feroleto said in court.

District Attorney Frank A. Sedita III credited Buffalo olice Lt. Michael DeLong and officers Stephen Schultz, Nicholas Parisi, Christopher Mordino and Brian Connors for their work on the case.



email: plakamp@buffnews.com

Hamburg standoff extends past 15 hours

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A 42-year-old man who had barricaded himself in his home with access to a shotgun ended a more than 15-hour standoff by leaving his Town of Hamburg home without further incident at mid-afternoon Monday, authorities said.

No other details were available about how the standoff ended, some time between 3 and 3:30 p.m., when the man was taken into custody.

SWAT Team members and police officers from the Town of Hamburg, Cheektowaga and the Erie County Sheriff’s Office negotiated with the man throughout the morning and early afternoon. Police have said they didn’t believe anyone else was in the residence with him.

The incident began before midnight Sunday, when the man’s girlfriend went to the Town of Hamburg police station to report that he was distraught, had access to a shotgun and had made suicidal threats.

Patrol officers responded to the residence, in the Big Tree Road-Eaglecrest Drive area, where they saw the armed man inside, set up a perimeter and called out the Town of Hamburg SWAT Team. Negotiations began and continued through mid-afternoon.

The standoff reached the 15-hour mark at about 2:40 p.m., forcing authorities to call in the Cheektowaga police SWAT Team to relieve their Hamburg counterparts.

“We’ve been negotiating with him the whole time,” Town of Hamburg Capt. Kevin A. Trask said shortly before 3 p.m. “At times, he seems to be willing to come out, and then he changes his mind.”

Town of Hamburg police, who barricaded the street, asked people to avoid going into that area if possible.

Dispute over mashed potatoes turns dangerous

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NIAGARA FALLS – A disagreement over mashed potatoes turned dangerous over the weekend when a victim said tempers escalated and a woman came at her with box cutters.

Shaquina S. Hill, 23, of Fourth Street was charged with second-degree menacing and second-degree harassment as a result, city police said.

An 18-year-old woman told police she and Hill argued about mashed potatoes just before 9 p.m. Sunday at a Fourth Street address, and things escalated from there.

The younger woman told police Hill grabbed box cutters and waved them at her, then dropped the knife and started throwing things at her, including a heavy ceramic vase and coffee table. She told police Hill also punched her in the chest.

Teen shooting in Newfane under investigation

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NEWFANE – Niagara County sheriff’s deputies tonight are investigating the shooting of a 14-year-old boy this afternoon on Hess Road.

The teen may have been shot in the head, although sheriff’s officials would not confirm that.

Orchard Park man accused of peeking into windows in Southern Tier

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PERSIA – An Orchard Park man was arrested by state troopers on trespassing charges Sunday after a homeowner contacted authorities about a man looking into windows, knocking on doors and trying to get into buildings on the property.

Malcolm C. McIsaac, 75, was issued a ticket to appear for Town Court proceedings on Feb. 26, troopers said.

Former pharmacy worker accused of stealing, selling painkillers

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A Lockport woman was charged Monday with stealing prescription drugs from a pharmacy where she worked.

Lydia M. Klein, 43, will face a charge in U.S. District Court of possession with intent to distribute prescription drugs. Prosecutors said Klein is accused of stealing the drugs while employed at the Rite Aid Pharmacy on South Transit Street in Lockport.

Video surveillance footage from the Rite Aid showed Klein stealing 14 bottles of hydrocodone on Jan. 19, Assistant U.S. Attorney Frank T. Pimentel said.

Klein admitted to federal Drug Enforcement Administration agents that she stole at least 1,100 hydrocodone – sold as Lortab and Xanax – from her job and sold them in the Lockport area, Pimentel said.

Klein was arraigned Monday afternoon by U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and released on bond. The charge against her carries upon conviction a maximum sentence of 20 years in prison and a $1 million fine.

Lockport city police helped with the investigation.

Buffalo police probe shooting in Black Rock

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Buffalo police say a man was shot in the hand and leg about 6 p.m. Monday on Tonawanda Street in the city’s Black Rock section.

Police spokesman Michael J. DeGeorge told The Buffalo News that the shooting victim was shot in the 400 block of Tonawanda, hear Hertel Avenue.

Officers scoured the area between Tonawanda and Austin streets and Hertel Avenue in a search for suspects but did not find any. The case remained under investigation late Monday.



email: mgryta@buffnews.com

Buffalo man accused of beating 3-year-old

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A Buffalo man is accused of severely beating a friend’s 3-year-old son and pulling out some of the boy’s hair, Buffalo police said Monday.

Anthony Ortiz, 22, was arrested late last week after an extended investigation. He remains in custody at the Erie County Holding Center on a second-degree assault charge.

Ortiz is accused of punching the boy in the stomach and pulling a large chunk of hair out of the child’s head Dec. 7at a Sandrock Road residence, according to a police report.

Buffalo man digs into more trouble after shovel beating arrest

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A Buffalo man charged with beating another man with a shovel last week ended up in more trouble after police said he tried to flush crack cocaine down a toilet in the Erie County Holding Center.

Kristopher Kumro, 45, was taken to the holding center about 6:30 p.m. Thursday, after he was charged with beating a man with a shovel in the first block of Greene Street, Buffalo police said.

Kumro was charged with second-degree assault, criminal possession of a weapon and harassment for that incident, police said.

He was charged with fifth-degree criminal possession of a controlled substance and promoting prison contraband shortly after he arrived at the Holding Center. Police said he tried to flush about 500 milligrams of crack down a toilet.

Kumro remained jailed Monday night.

State worker pleads guilty to child sex

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A state traffic engineer from Clarence, once lauded as a community pillar, pleaded guilty Monday to several felony sex crimes against an underage girl that will lead to a 23-year prison sentence.

Craig E. Walek, 49, of Milton Lane, admitted to two counts of using a child in a sexual performance, second-degree criminal sexual act and two counts of second-degree rape.

“These are all registerable sex offenses,” said prosecutor Lynette M. Reda of the Erie County District Attorney’s Office.

Walek had faced 45 charges after his arrest in December, including nine counts of using a child in a sexual performance. He was arrested just a month after the state Public Employees Federation profiled him in its union publication as someone “who gives back to the community.”

“He is a single dad, raising a son … and working another job to keep quality in his home life,” according to the November story in the PEF’s Communicator magazine.

“He is the opposite of how the press portrays state workers, and is the real deal. Craig is just one example among the thousands of PEF members who are responsible and hardworking.”

Walek has been held in lieu of $1 million bail since his arrest by the Erie County Sheriff’s Office.

At that time, Sheriff Timothy Howard said Walek was engaged in “ongoing repeated sexual abuse” of the victim.

The crimes to which Walek pleaded guilty happened between August 2006 and October 2007, when the girl was as young as 14.

The victim, by law, was unable to consent to sexual intercourse because of her age, Reda said in court.

The charges included Walek’s use of a video recorder involving the victim engaged in a sexual performance.

Sentencing is scheduled for April 29.

State Supreme Court Justice Penny M. Wolfgang cited an agreement between defense lawyer John R. Nuchereno and the prosecution, reached during plea negotiations, for a 23-year prison sentence.

“The court intends to sentence the defendant exactly as the district attorney and the defense attorney have stated,” Wolfgang said.

Walek, a senior engineering technician in the Western New York region of the state Department of Transportation, was a local leader in the union representing professional state transportation workers.

Wolfgang said his $1 million bail is continued, and he remains in custody.

“We remain shocked and saddened by the news of the charges brought against Craig Walek,” PEF spokeswoman Jane Briggs recently told the Albany Times Union. “The health and safety of our children is always of the utmost importance to us.”

The union publication noted that Walek had served as president of St. John’s Buffalo Federal Credit Union and was on the board of directors of the Matthew Foster Foundation, an organization that assists families who have children with cancer.

When he was working, he and three other DOT employees oversaw the traffic operations center in Buffalo, monitoring rush-hour traffic in the mornings and evenings. He also investigated intersections to see which ones need a traffic signal and responded to requests from residents or local legislators.



email: plakamp@buffnews.com

Erratic driver in Clarence charged with pot, painkillers in vehicle

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A Getzville man driving erratically along Transit Road in Clarence Monday was charged with having marijuana and prescription drugs in his vehicle, state police said.

Trooper Christopher Rodler stopped Matthew J. Murray, 25, about 6:40 p.m. at a NOCO gas station and said Murray had in his vehicle marijuana, a strip of Suboxone and Clonazepam tablets not in their original container.

Murray was charged with unlawful possession of marijuana, criminal possession of a controlled substance and possession of a controlled substance not in original container. He was issued an appearance ticket returnable to Clarence Town Court on March 5.

2 inmates accused of drug possession in Wyoming County jails

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A former Attica Correctional Facility inmate being held at the Shawangunk Correctional Facility in Wallkill, and a former inmate at the Wyoming Correctional Facility now being house at the Orleans Correctional Facility in Albion, were both charged Monday with smuggling drugs into their former prison homes.

State Police in Warsaw charged Lional Valenzuela, 46, with third-degree criminal possession of a controlled substance and promoting prison. Valenzuela, who is serving a life term for a Bronx murder, is accused of smuggling Oxycodone through the U.S. Mail into Attica months ago, troopers said.

Dane Brannigan, 26, was charged with promoting prison contraband and criminal possession of a weapon. He is accused of having an edged metal weapon and a bag of synthetic marijuana while in the yard at Wyoming Correctional several months ago, troopers said. Brannigan is serving a sentence selling drugs in New York City.

Both inmates were arraigned before Wyoming County Judge Mark Dadd and will return to County Court in several weeks.



email: mgryta@buffnews.com

Doubts cast on circumstances of North Tonawanda slaying

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NORTH TONAWANDA – Was Ralph D. Stone Jr. an abusive boyfriend who died at the hands of a girlfriend because he was attacking her?

That’s doubtful, according to a former girlfriend and some of Stone’s friends, who showed up during a court appearance Monday for Jennifer Marchant, the woman charged with stabbing Stone in the chest with a kitchen knife Wednesday in the couple’s Oliver Street apartment.

Carolyn Fuller said that she dated Stone off and on since 2009 and that the two remained friends.

“He was an optimistic, full-life guy,” Fuller said outside North Tonawanda City Court. “He always had high energy, but he was good to me. He never touched me. He never laid a hand on me. When we argued, he would just walk away.”

Marchant, 23, who worked as an adult film actor and model for a Miami-based Internet pornography site, had dated Stone for about a year. She pleaded not guilty last week to a second-degree murder charge and was teary-eyed during a follow-up court appearance Monday. Her family sat in the front row, also distraught.

Her attorney, Kevin S. Mahoney, asked the court for more time to gather information in the case and told reporters afterward that his client acted in self-defense.

“We believe she was trapped and had no choice other than to defend herself. She had no intent to kill him,” Mahoney said.

Friends of Stone – who believe alcohol and drugs may have played a role in the stabbing – spoke to The Buffalo News after court, as well, and said it would have been out of character for Stone to act aggressively toward a girlfriend.

“He was never abusive, ever,” said his best friend, Jeff Alexander, Fuller’s brother.

Before he died, Stone, 24, the father of a 2-year-old girl, was starting a new job and “getting his act together” by attending Niagara County Community College. He hoped to someday attend law school, Alexander said.

Instead of hanging out with his friend this week, Alexander will serve as a pall bearer at Stone’s funeral today.

Alexander said he was with the couple in the hours before the fatal stabbing. Later that night, he said, he spoke on the phone with Stone and heard arguing.

Fuller and Alexander described Stone as unhappy in his relationship. They called Marchant controlling and possessive.

“I’m surprised he would choose someone like that, but he was very forgiving,” Fuller said.

All of his friends suspect cocaine and alcohol were likely factors in Wednesday’s stabbing.

“I knew Ralph had been looking for coke, but that wasn’t something he would have done before he met her,” Alexander said.

North Tonawanda police said Stone died before he could reach the hospital.

Fuller said she found a cryptic note that had been placed on Facebook by Marchant around the same time that said Stone had irritated her and that her feelings toward him apparently had changed. Fuller said the message was taken down, but she was able to share it with Stone’s family, who gave it to police.

Fuller, who is not the mother of Stone’s daughter, Lillianna, added, “His daughter was his world.”

“There is no doubt that people cared a great deal for Ralph Stone,” said Mahoney, Marchant’s lawyer, “but that doesn’t mean he wasn’t the aggressor.”

Marchant is scheduled to return to City Court on March 7.

Stone’s funeral will be at 10 a.m. today in Lighthouse Baptist Church, 383 Wheatfield St.



email: nfischer@buffnews.com
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