A 57-year-old Orchard Park man was arrested on cocaine possession and drunken driving charges after Orchard Park police received a call about a man driving a luxury car down Milestrip Road without headlights on late Sunday. Brian G. Coseglia was arrested in the driveway of his Milestrip Road home about 10:15 p.m. Sunday after police found nearly eight ounces of alleged cocaine in his car and a lot of cash. He refused a breath tests and was charged with two felony counts of criminal possession of a controlled substance with intent to sell, drunken driving and traffic violation charges.
↧
Orchard Park man charged with cocaine possession and DWI
↧
Off-duty officers rescue man from burning home
Todd Chenez and Michael Stover were halfway through their three-mile run Monday afternoon, when they spotted a woman running down her driveway on Hawley Street, yelling out that her husband was trapped in their burning home.
The two off-duty Lockport police officers rushed in, got separated in the intense black smoke and were forced out, before they and two arriving police officers – Heather Rohde and Anthony Pittman – teamed up to go back inside and pull a 69-year-old man to safety from the basement steps.
All four police officers were treated for smoke inhalation at Eastern Niagara Hospital in Lockport, with Stover being kept overnight in the Intensive Care Unit for observation. He was released at about 8 a.m. Tuesday.
Meanwhile, the 69-year-old Hawley Street resident, whose name hasn’t been released, was taken to Eastern Niagara Hospital and then transferred to Erie County Medical Center, where police have been told he was in stable condition.
“The outcome couldn’t have been better,” Chenez said Tuesday morning, after picking up his friend, Stover, from the hospital. “The main thing here is, Mike and I running and the four of us all converging at the same point at the same time. I think a higher power put us all there at one time, to help this man.”
But the lieutenant quickly added, “It will be a great thing only if this man survives.”
Chenez and Stover were jogging past the home at 409 Hawley St. at about 3:40 p.m. Monday when they saw the woman waving her arms frantically and calling for help. The two off-duty colleagues raced to the back of the house and went inside.
“It was black,” Chenez said of the intense smoke. “As soon as we went into the house, I lost sight of Mike.”
Both men came outside to catch their breath. They went back inside and tripped on the man, who was lying on the steps to the basement. But the two couldn’t lift the large man under those intense fire conditions.
“Heather, Anthony, Mike and I each grabbed a limb and finally got him out of the house,” Chenez said.
The cause of the fire was believed to be a filled vent tube on an electric table saw, Lockport Fire Investigator Aaron Belling said.
No damage estimate has been released, but Lockport firefighters managed to confine the fire damage to the basement ceiling, although there was heavy smoke damage on the first floor and in the basement.
email: gwarner@buffnews.com
The two off-duty Lockport police officers rushed in, got separated in the intense black smoke and were forced out, before they and two arriving police officers – Heather Rohde and Anthony Pittman – teamed up to go back inside and pull a 69-year-old man to safety from the basement steps.
All four police officers were treated for smoke inhalation at Eastern Niagara Hospital in Lockport, with Stover being kept overnight in the Intensive Care Unit for observation. He was released at about 8 a.m. Tuesday.
Meanwhile, the 69-year-old Hawley Street resident, whose name hasn’t been released, was taken to Eastern Niagara Hospital and then transferred to Erie County Medical Center, where police have been told he was in stable condition.
“The outcome couldn’t have been better,” Chenez said Tuesday morning, after picking up his friend, Stover, from the hospital. “The main thing here is, Mike and I running and the four of us all converging at the same point at the same time. I think a higher power put us all there at one time, to help this man.”
But the lieutenant quickly added, “It will be a great thing only if this man survives.”
Chenez and Stover were jogging past the home at 409 Hawley St. at about 3:40 p.m. Monday when they saw the woman waving her arms frantically and calling for help. The two off-duty colleagues raced to the back of the house and went inside.
“It was black,” Chenez said of the intense smoke. “As soon as we went into the house, I lost sight of Mike.”
Both men came outside to catch their breath. They went back inside and tripped on the man, who was lying on the steps to the basement. But the two couldn’t lift the large man under those intense fire conditions.
“Heather, Anthony, Mike and I each grabbed a limb and finally got him out of the house,” Chenez said.
The cause of the fire was believed to be a filled vent tube on an electric table saw, Lockport Fire Investigator Aaron Belling said.
No damage estimate has been released, but Lockport firefighters managed to confine the fire damage to the basement ceiling, although there was heavy smoke damage on the first floor and in the basement.
email: gwarner@buffnews.com
↧
↧
Four injured in Youngmann Highway rollover accident
A one-car rollover accident early Tuesday morning sent four people to Erie County Medical Center and forced authorities to close one entrance and one exit ramp off the Youngmann Highway, Town of Tonawanda police reported.
No serious injuries were reported among the four people, believed to be in their 20s and 30s, after the vehicle went off the Elmwood Avenue exit ramp, went airborne and rolled over. The vehicle landed in a grassy area between the exit and entrance ramps off the eastbound Youngmann Highway, police said.
Speed appeared to be a factor, Town of Tonawanda Police Lt. Nicholas A. Bado said of the incident, which occurred shortly after 3:15 a.m. Police said they had no information about any alcohol or drug involvement. No charges have been filed.
Authorities had to close the Elmwood Avenue entrance and exit ramps for several hours after the mishap.
No serious injuries were reported among the four people, believed to be in their 20s and 30s, after the vehicle went off the Elmwood Avenue exit ramp, went airborne and rolled over. The vehicle landed in a grassy area between the exit and entrance ramps off the eastbound Youngmann Highway, police said.
Speed appeared to be a factor, Town of Tonawanda Police Lt. Nicholas A. Bado said of the incident, which occurred shortly after 3:15 a.m. Police said they had no information about any alcohol or drug involvement. No charges have been filed.
Authorities had to close the Elmwood Avenue entrance and exit ramps for several hours after the mishap.
↧
Jury finds teen guilty for role in grisly North Buffalo killing
Jurors on Tuesday convicted a teenager of first-degree manslaughter for participating in the fatal stabbing of another teen last summer in North Buffalo.
Seventeen-year-old Ezeiekile Nafi faces up to 25 years in prison when sentenced May 1.
The July 5 stabbing of 16-year-old Darren Brown was one of the most grisly killings in Buffalo’s recent history. His throat was slashed and his body stabbed 54 times before one of his attackers set his corpse on fire on an old railroad right of way near Colvin Avenue.
The jury did not convict Nafi of second-degree murder, as prosecutors asked, nor find him guilty of the lesser second-degree manslaughter count, as his defense lawyer requested.
“The proof in this case warranted manslaughter two, but I respect the jury’s decision immensely,” said Emily Trott, Nafi’s defense lawyer.
Throughout the weeklong trial, Trott minimized Nafi’s role in the killing and focused on two others who she and prosecutors said also were at the stabbing scene.
Jurors heard Nafi’s statement to a homicide detective that he stabbed Brown five times in an attack in which he said the two others inflicted more stab wounds than he did with a small knife.
Trott had told jurors that Nafi was present when Brown was stabbed and that he did what he had to do to save his own life.
“I’m not arguing my client bears no criminal responsibility at all,” Trott told jurors during her closing argument. “My client was extremely reckless.”
But she pointed to the two others involved in the killing: Demetrius Huff, 18, who previously pleaded guilty to first-degree manslaughter in Brown’s death but then abruptly refused to cooperate in Nafi’s prosecution; and Antoine Sanders, 20, also known as “Deuce,” who prosecutors say participated in the attack although he has not been charged.
Trott called Sanders “the mastermind behind this entire thing.”
The stabbing is still under investigation, and Sanders remains a potential suspect, police say.
Both Huff and Sanders took the witness stand during the trial before State Supreme Court Justice Russell P. Buscaglia and cited their Fifth Amendment right against self-incrimination. Jurors saw Huff take the stand but not Sanders.
Homicide prosecutor Colleen Curtin Gable scoffed at defense efforts to convince jurors that Nafi inflicted only five nonlethal wounds.
No evidence proves that five of the less-serious wounds are the ones Nafi inflicted, Curtin Gable told jurors.
“Was it really only five times as he claims?” Curtin Gable asked jurors. “Who knows? That really doesn’t matter. He was an active, willing participant, intentionally aiding the others in killing Darren Brown, and for that, he must be held accountable.”
Even if Nafi stabbed Brown just five times, the wounds he inflicted came after a serious beating, blunt-force trauma, a slit throat and other stab wounds, she said.
“That’s not just intent to kill, that’s overkill,” Curtin Gable said.
She asked jurors not to be distracted by what happened – or did not happen – to the others involved in the attack.
“This is the only case you’re here to decide – not the State of New York against Antoine Sanders, not the State of New York against Demetrius Huff,” she told jurors. “That is for a different day and a different jury. Your focus must be on this defendant and the evidence against him.”
The night before he died, Brown had talked to Huff, who mistakenly believed Brown belonged to the same gang as he did – and the two smoked marijuana together on Hertel Avenue, according to prosecutors.
When Sanders, a fellow gang member of Huff’s, learned of the friendly encounter, he reacted furiously, according to Erie County Assistant District Attorney Michael P. Felicetta, who, with Curtin Gable, prosecuted Nafi.
“Why did you bring him around here? If that kid comes back here tonight, we’re killing him, and you’re helping,” Sanders told Huff, according to Felicetta.
However, statements from others questioned by the police cited different reasons for the attack: retribution for a stolen video game player and even a gang initiation.
Huff later returned with gasoline to burn Brown’s body, according to the prosecution, because Nafi had spit on Brown during the attack, and Huff wanted to ensure none of Nafi’s DNA remained on the body.
Huff was allowed to plead guilty in early March to a lesser charge for his role in Brown’s killing. One condition of the plea was that he testify against Nafi, who has been his friend since childhood.
But when Huff took the stand, he refused to tell jurors what happened last July.
“As was stated in open court and upon the record, Mr. Huff pleaded guilty to manslaughter in the first degree in exchange for his cooperation and truthful testimony,” District Attorney Frank A. Sedita III said. “He did not live up to his end of the bargain. Accordingly, the [District Attorney’s Office] will move to revoke his plea of guilty to man one and, if that motion is granted, will proceed to try Mr. Huff for murder in the second degree.”
email: plakamp@buffnews.com
Seventeen-year-old Ezeiekile Nafi faces up to 25 years in prison when sentenced May 1.
The July 5 stabbing of 16-year-old Darren Brown was one of the most grisly killings in Buffalo’s recent history. His throat was slashed and his body stabbed 54 times before one of his attackers set his corpse on fire on an old railroad right of way near Colvin Avenue.
The jury did not convict Nafi of second-degree murder, as prosecutors asked, nor find him guilty of the lesser second-degree manslaughter count, as his defense lawyer requested.
“The proof in this case warranted manslaughter two, but I respect the jury’s decision immensely,” said Emily Trott, Nafi’s defense lawyer.
Throughout the weeklong trial, Trott minimized Nafi’s role in the killing and focused on two others who she and prosecutors said also were at the stabbing scene.
Jurors heard Nafi’s statement to a homicide detective that he stabbed Brown five times in an attack in which he said the two others inflicted more stab wounds than he did with a small knife.
Trott had told jurors that Nafi was present when Brown was stabbed and that he did what he had to do to save his own life.
“I’m not arguing my client bears no criminal responsibility at all,” Trott told jurors during her closing argument. “My client was extremely reckless.”
But she pointed to the two others involved in the killing: Demetrius Huff, 18, who previously pleaded guilty to first-degree manslaughter in Brown’s death but then abruptly refused to cooperate in Nafi’s prosecution; and Antoine Sanders, 20, also known as “Deuce,” who prosecutors say participated in the attack although he has not been charged.
Trott called Sanders “the mastermind behind this entire thing.”
The stabbing is still under investigation, and Sanders remains a potential suspect, police say.
Both Huff and Sanders took the witness stand during the trial before State Supreme Court Justice Russell P. Buscaglia and cited their Fifth Amendment right against self-incrimination. Jurors saw Huff take the stand but not Sanders.
Homicide prosecutor Colleen Curtin Gable scoffed at defense efforts to convince jurors that Nafi inflicted only five nonlethal wounds.
No evidence proves that five of the less-serious wounds are the ones Nafi inflicted, Curtin Gable told jurors.
“Was it really only five times as he claims?” Curtin Gable asked jurors. “Who knows? That really doesn’t matter. He was an active, willing participant, intentionally aiding the others in killing Darren Brown, and for that, he must be held accountable.”
Even if Nafi stabbed Brown just five times, the wounds he inflicted came after a serious beating, blunt-force trauma, a slit throat and other stab wounds, she said.
“That’s not just intent to kill, that’s overkill,” Curtin Gable said.
She asked jurors not to be distracted by what happened – or did not happen – to the others involved in the attack.
“This is the only case you’re here to decide – not the State of New York against Antoine Sanders, not the State of New York against Demetrius Huff,” she told jurors. “That is for a different day and a different jury. Your focus must be on this defendant and the evidence against him.”
The night before he died, Brown had talked to Huff, who mistakenly believed Brown belonged to the same gang as he did – and the two smoked marijuana together on Hertel Avenue, according to prosecutors.
When Sanders, a fellow gang member of Huff’s, learned of the friendly encounter, he reacted furiously, according to Erie County Assistant District Attorney Michael P. Felicetta, who, with Curtin Gable, prosecuted Nafi.
“Why did you bring him around here? If that kid comes back here tonight, we’re killing him, and you’re helping,” Sanders told Huff, according to Felicetta.
However, statements from others questioned by the police cited different reasons for the attack: retribution for a stolen video game player and even a gang initiation.
Huff later returned with gasoline to burn Brown’s body, according to the prosecution, because Nafi had spit on Brown during the attack, and Huff wanted to ensure none of Nafi’s DNA remained on the body.
Huff was allowed to plead guilty in early March to a lesser charge for his role in Brown’s killing. One condition of the plea was that he testify against Nafi, who has been his friend since childhood.
But when Huff took the stand, he refused to tell jurors what happened last July.
“As was stated in open court and upon the record, Mr. Huff pleaded guilty to manslaughter in the first degree in exchange for his cooperation and truthful testimony,” District Attorney Frank A. Sedita III said. “He did not live up to his end of the bargain. Accordingly, the [District Attorney’s Office] will move to revoke his plea of guilty to man one and, if that motion is granted, will proceed to try Mr. Huff for murder in the second degree.”
email: plakamp@buffnews.com
↧
Man caught in police chase, accused of stealing appliances
NIAGARA FALLS – Police responded to a burglary in progress call just before 3 p.m. Monday in the 1900 block of Whitney Avenue and saw a pickup that had been in the alley speeding away from the scene.
Police gave chase in a patrol car and said the driver refused to stop, increasing his speed and ignoring lights and sirens. The suspect then exited the pickup and fled on foot until he was apprehended. Officer Todd Faddoul reported minor injuries, a twisted knee and pulled calf muscle, as a result of the slipping in some mud and jumping a fence in the chase.
Calvin V. Gandy, 30, of LaSalle Avenue was taken into custody without force and charged with second-degree burglary and fifth-degree possession of stolen property after officers found two washing machines, a dryer and a stove in the bed of his truck.
Gandy is also facing charges for fleeing a police officer, driving an unregistered truck with improper license plates, and driving with a suspended license. Police said he also has an outstanding warrant for a violation of a conditional discharge.
Police gave chase in a patrol car and said the driver refused to stop, increasing his speed and ignoring lights and sirens. The suspect then exited the pickup and fled on foot until he was apprehended. Officer Todd Faddoul reported minor injuries, a twisted knee and pulled calf muscle, as a result of the slipping in some mud and jumping a fence in the chase.
Calvin V. Gandy, 30, of LaSalle Avenue was taken into custody without force and charged with second-degree burglary and fifth-degree possession of stolen property after officers found two washing machines, a dryer and a stove in the bed of his truck.
Gandy is also facing charges for fleeing a police officer, driving an unregistered truck with improper license plates, and driving with a suspended license. Police said he also has an outstanding warrant for a violation of a conditional discharge.
↧
↧
Man allegedly dealing drugs at Niagara Falls motel
NIAGARA FALLS – A North Tonawanda man has been arrested by narcotics detectives, accused of selling drugs in a a Niagara Falls Boulevard motel room.
Travis Broughton, 36, of Newell Drive, was charged Monday with felony counts of third and fifth-degree criminal possession of a controlled substance.
“He was coming in from his home and then selling drugs from the motel room, rather than selling drugs from his house,” said Narcotics Lt. Theodore Weed. He said detectives had been investigating him for several months and intercepted him when he returned to the motel room in the 6700 block of Niagara Falls Boulevard.
Investigators raided the room with a warrant at about noon Monday and seized a small quantity of crack cocaine and about $2,000, Weed said.
Travis Broughton, 36, of Newell Drive, was charged Monday with felony counts of third and fifth-degree criminal possession of a controlled substance.
“He was coming in from his home and then selling drugs from the motel room, rather than selling drugs from his house,” said Narcotics Lt. Theodore Weed. He said detectives had been investigating him for several months and intercepted him when he returned to the motel room in the 6700 block of Niagara Falls Boulevard.
Investigators raided the room with a warrant at about noon Monday and seized a small quantity of crack cocaine and about $2,000, Weed said.
↧
Former county official becomes the victim of identity fraud
LEWISTON – No one is immune to being a victim of identity fraud.
Former Niagara County Treasurer David S. Broderick Sr. contacted Niagara County sheriff’s deputies Tuesday after he found someone had opened a credit card in his name and tried to make an Ebay purchase of more than $600.
Broderick told deputies that his credit card company contacted him about the suspicious purchase and he was notified at this time that an identity theft had occurred.
Broderick told deputies that the suspect provided his name and an incorrect date of birth and Broderick said he would follow up with a credit check account to make sure no more accounts are opened by this person in his name.
Former Niagara County Treasurer David S. Broderick Sr. contacted Niagara County sheriff’s deputies Tuesday after he found someone had opened a credit card in his name and tried to make an Ebay purchase of more than $600.
Broderick told deputies that his credit card company contacted him about the suspicious purchase and he was notified at this time that an identity theft had occurred.
Broderick told deputies that the suspect provided his name and an incorrect date of birth and Broderick said he would follow up with a credit check account to make sure no more accounts are opened by this person in his name.
↧
Falls sex offender admits felony
LOCKPORT – A Niagara Falls sex offender pleaded guilty Tuesday to a felony charge of concealing a Facebook account from state authorities.
Joseph M. Higdon, 25, of Niagara Falls Boulevard, admitted to failure to register an Internet identifier, and could be sentenced to as long as four years in prison when he returns before Niagara County Judge Matthew J. Murphy III on May 14.
Assistant District Attorney Cheryl L. Nichols said Higdon used a Facebook account in the assumed name of “Joseph Strickland” on July 3.
Higdon, a Level 1 sex offender, went on the registry in 2006 after pleading guilty to a reduced charge of attempted sexual misconduct for having sex with a 15-year-old girl.
Joseph M. Higdon, 25, of Niagara Falls Boulevard, admitted to failure to register an Internet identifier, and could be sentenced to as long as four years in prison when he returns before Niagara County Judge Matthew J. Murphy III on May 14.
Assistant District Attorney Cheryl L. Nichols said Higdon used a Facebook account in the assumed name of “Joseph Strickland” on July 3.
Higdon, a Level 1 sex offender, went on the registry in 2006 after pleading guilty to a reduced charge of attempted sexual misconduct for having sex with a 15-year-old girl.
↧
Snowmobile thief arrested and snowmobile recovered
MAYVILLE -- An 18-year-old Mayville man has been arrested for allegedly stealing a children’s snowmobile last month from a Burton Avenue home, the Chautauqua County Sheriff’s Office reported today. Alex Lescynski was arrested Monday evening on charges of fourth-degree grand larceny and possession of stolen property and the stolen snowmobile was recovered by sheriff’s deputies.
After Lescynski’s arraignment in Chautauqua Town Court he was released under the supervision of the county probation office pending later court proceedings. The victimized family believes the snowmobile was stolen about 12:30 a.m. Feb. 20.
After Lescynski’s arraignment in Chautauqua Town Court he was released under the supervision of the county probation office pending later court proceedings. The victimized family believes the snowmobile was stolen about 12:30 a.m. Feb. 20.
↧
↧
Jamestown native killed in suburban Indianapolis home invasion
NEWS STAFF REPORTER
Services were held Tuesday in Indiana for a Jamestown native who was shot to death during a home invasion at his suburban Indianapolis residence.
Thomas Tefft, 67, was found dead early Friday morning in his home, according to the Indianapolis Metropolitan Police Department.
A local 911 operator received a call at 6:40 a.m. about a burglary in progress. That call was made by Tefft’s 67-year-old wife, Laura, who had grabbed a cellphone and locked herself in a bathroom while her husband investigated a disturbance at their home.
Before officers arrived, Laura Tefft reported hearing a single gunshot, according to police reports.
The first officer on the scene found the garage door up and the door leading to the home open. Tefft’s body was found just inside the door, police said.
A car had been taken from the garage, police said. The victim’s wife gave officers a description of the intruder, whose face was concealed by a mask.
Born in Jamestown, Tefft had grown up working in the family business, Tefft Glass of Dunkirk, which he took over at age 16 after his father died.
Looking for a change of scenery after their two children were grown, the couple moved to the Indianapolis area in 1996, according to an obituary that appeared in the Indianapolis Star. Tefft found work there as a glazier at an Indianapolis business.
Their son, Wade, lives in Colorado, and their daughter, Lynn Hoff, lives in Illinois. The two appeared before local media Sunday in their parents’ Far Northside neighborhood, appealing for help in solving the murder.
“There is a cold-blooded murderer loose in the streets of the city tonight,” Wade Tefft said, according to a report in the Indianapolis Star. “He needs to be found and brought to justice.”
email: jhabuda@buffnews.com
Services were held Tuesday in Indiana for a Jamestown native who was shot to death during a home invasion at his suburban Indianapolis residence.
Thomas Tefft, 67, was found dead early Friday morning in his home, according to the Indianapolis Metropolitan Police Department.
A local 911 operator received a call at 6:40 a.m. about a burglary in progress. That call was made by Tefft’s 67-year-old wife, Laura, who had grabbed a cellphone and locked herself in a bathroom while her husband investigated a disturbance at their home.
Before officers arrived, Laura Tefft reported hearing a single gunshot, according to police reports.
The first officer on the scene found the garage door up and the door leading to the home open. Tefft’s body was found just inside the door, police said.
A car had been taken from the garage, police said. The victim’s wife gave officers a description of the intruder, whose face was concealed by a mask.
Born in Jamestown, Tefft had grown up working in the family business, Tefft Glass of Dunkirk, which he took over at age 16 after his father died.
Looking for a change of scenery after their two children were grown, the couple moved to the Indianapolis area in 1996, according to an obituary that appeared in the Indianapolis Star. Tefft found work there as a glazier at an Indianapolis business.
Their son, Wade, lives in Colorado, and their daughter, Lynn Hoff, lives in Illinois. The two appeared before local media Sunday in their parents’ Far Northside neighborhood, appealing for help in solving the murder.
“There is a cold-blooded murderer loose in the streets of the city tonight,” Wade Tefft said, according to a report in the Indianapolis Star. “He needs to be found and brought to justice.”
email: jhabuda@buffnews.com
↧
Judge OKs adding 10 defendants to Love Canal lawsuit
LOCKPORT – The plaintiffs in the new Love Canal lawsuit have been given permission to add 10 more defendants to the suit, taking its history all the way back to 1977, when the Niagara Falls toxic disaster was first revealed.
Three Niagara Falls families filed suit 11 months ago, alleging that a January 2011 discharge of chemicals from a sewer pipe under repair near the former toxic dump site led to serious health problems.
One of their attorneys, Paul K. Barr of Niagara Falls, filed a motion to expand the case with more targets.
Occidental Chemical Corp., whose corporate predecessor, Hooker Chemical Co., dumped the toxic waste in the first place, was among the defendants added to the suit in an order signed last week by Niagara County Judge Matthew J. Murphy III.
Others included CECOS International and Sevenson Environmental Services, which worked on an unsuccessful 1978 effort to contain the leaking waste.
Companies involved more recently, also added to the suit, include Miller Springs Remediation Management, Op-Tech Environmental Services, Scott Lawn Yard, Kandey Co., Gross PHC, Ray’s Plumbing and Edward S. Roberts.
They are all added to the original defendants in the $113 million suit: the City of Niagara Falls, the Niagara Falls Water Board, Glenn Springs Holdings and Conestoga-Rovers & Associates.
Miller Springs, an Occidental subsidiary, has been part of the management of the 70-acre Love Canal containment structure since 1998, according to the plaintiff’s amended complaint.
Glenn Springs and Conestoga-Rovers were involved in managing the containment structure from 1995 onward, the suit charges.
The Op-Tech, Scott, Kandey and Gross firms allegedly took part in recent sewer rehabilitations in the neighborhood. The Gross firm is the corporate successor of Gross Plumbing and Heating.
Ray’s Plumbing did work in the 93rd Street home of four of the plaintiffs – Zachary and Melanie Herr and their two children – around the time of the 2011 chemical discharge, the suit alleges.
Roberts, president of Conestoga-Rovers, also was added to the suit.
The original defendants opposed the additions, but Murphy said the suit is so new that no prejudice or significant inconvenience would occur.
“Indeed, it is highly likely that even further refinements of the complaint will occur, upon inclusion of the multitude of additional plaintiffs who are reported to have recently filed notices of claim,” Murphy wrote.
There are 596 potential new plaintiffs, at least one-third of whom no longer live in Niagara Falls, The Buffalo News reported earlier this month.
After the sides share evidence, a process lawyers call discovery, “Defendants will be in a better position to move in a more surgical manner against any defective parties or claims,” the judge wrote.
Murphy ordered all sides back to his courtroom May 3 for a status update on newly involved parties and to make a discovery schedule.
Murphy also signed an order requiring the city and the Water Board to give the plaintiffs between 48 hours’ and 96 hours’ notice of any water or sewer work in the Love Canal area. The plaintiffs must be allowed to have representatives present to take photographs and samples of excavated materials.
If the work is an emergency, such as a water main break, and the plaintiffs can’t have anyone arrive in time, the city must preserve samples of the material excavated to share with the plaintiffs, Murphy ruled.
email: tprohaska@buffnews.com
Three Niagara Falls families filed suit 11 months ago, alleging that a January 2011 discharge of chemicals from a sewer pipe under repair near the former toxic dump site led to serious health problems.
One of their attorneys, Paul K. Barr of Niagara Falls, filed a motion to expand the case with more targets.
Occidental Chemical Corp., whose corporate predecessor, Hooker Chemical Co., dumped the toxic waste in the first place, was among the defendants added to the suit in an order signed last week by Niagara County Judge Matthew J. Murphy III.
Others included CECOS International and Sevenson Environmental Services, which worked on an unsuccessful 1978 effort to contain the leaking waste.
Companies involved more recently, also added to the suit, include Miller Springs Remediation Management, Op-Tech Environmental Services, Scott Lawn Yard, Kandey Co., Gross PHC, Ray’s Plumbing and Edward S. Roberts.
They are all added to the original defendants in the $113 million suit: the City of Niagara Falls, the Niagara Falls Water Board, Glenn Springs Holdings and Conestoga-Rovers & Associates.
Miller Springs, an Occidental subsidiary, has been part of the management of the 70-acre Love Canal containment structure since 1998, according to the plaintiff’s amended complaint.
Glenn Springs and Conestoga-Rovers were involved in managing the containment structure from 1995 onward, the suit charges.
The Op-Tech, Scott, Kandey and Gross firms allegedly took part in recent sewer rehabilitations in the neighborhood. The Gross firm is the corporate successor of Gross Plumbing and Heating.
Ray’s Plumbing did work in the 93rd Street home of four of the plaintiffs – Zachary and Melanie Herr and their two children – around the time of the 2011 chemical discharge, the suit alleges.
Roberts, president of Conestoga-Rovers, also was added to the suit.
The original defendants opposed the additions, but Murphy said the suit is so new that no prejudice or significant inconvenience would occur.
“Indeed, it is highly likely that even further refinements of the complaint will occur, upon inclusion of the multitude of additional plaintiffs who are reported to have recently filed notices of claim,” Murphy wrote.
There are 596 potential new plaintiffs, at least one-third of whom no longer live in Niagara Falls, The Buffalo News reported earlier this month.
After the sides share evidence, a process lawyers call discovery, “Defendants will be in a better position to move in a more surgical manner against any defective parties or claims,” the judge wrote.
Murphy ordered all sides back to his courtroom May 3 for a status update on newly involved parties and to make a discovery schedule.
Murphy also signed an order requiring the city and the Water Board to give the plaintiffs between 48 hours’ and 96 hours’ notice of any water or sewer work in the Love Canal area. The plaintiffs must be allowed to have representatives present to take photographs and samples of excavated materials.
If the work is an emergency, such as a water main break, and the plaintiffs can’t have anyone arrive in time, the city must preserve samples of the material excavated to share with the plaintiffs, Murphy ruled.
email: tprohaska@buffnews.com
↧
Houston street man arrested in traffic stop
A 19-year-old Houston Street man was arrested at South Park and Bailey avenues early Tuesday for allegedly driving a car owned by a local auto leasing concern and for smoking marijuana in the vehicle with his young son in the back seat.
Keith Garcia was pulled over after he was reportedly driving erratically on Bailey Avenue.
Police reported a “strong scent of marijuana” in the vehicle where a small sandwich bag full of alleged marijuana was seized. Garcia, whose name was not on the car lease documents, was charged with unauthorized use of a motor vehicle, unlawful possession of marijuana and endangering the welfare of a child.
Keith Garcia was pulled over after he was reportedly driving erratically on Bailey Avenue.
Police reported a “strong scent of marijuana” in the vehicle where a small sandwich bag full of alleged marijuana was seized. Garcia, whose name was not on the car lease documents, was charged with unauthorized use of a motor vehicle, unlawful possession of marijuana and endangering the welfare of a child.
↧
Defense gets its chance in much-delayed trial of Hoskins
Three years after animal-cruelty charges were brought against Beth Lynne Hoskins, her much-delayed trial moved into the defense phase Tuesday in Aurora Town Court.
Hoskins faces charges tied to a March 18, 2010, raid by the SPCA Serving Erie County at her Aurora farm where the agency seized 73 Morgan horses that allegedly had been living in squalid conditions.
The first defense witness, Dennis Lang, CEO of the Erie County Agricultural Society, which owns the county fairgrounds, testified that SPCA officials contacted him once before the raid.
Under questioning from defense attorney Thomas J. Eoannou, Lang said that then-SPCA Officer Lyndsey Styborski told him sometime in the first week of March that the agency needed stalls to house about 50 horses that would be confiscated.
Lang also testified that he was told it was “a definite seizure” and to keep it confidential. Lang said he met with Styborski and another SPCA official, whom he said he did not know, but ended up later identifying as Beth Shapiro, deputy director of the SPCA.
“I told her I’d house the horses, but they’d have to be out by the end of March because I had an event/horse sale” in the horse barn, Lang said.
From a defense standpoint, Lang’s testimony was crucial because Eoannou was trying to show that the SPCA had a definite plan – not a contingency plan – far in advance of the raid. “I’ve been saying for three years that this was preplanned,” Eoannou said after cross-examination of Lang ended Tuesday afternoon.
The prosecution, however, tried to poke holes in Lang’s ability to accurately recall dates of contact with the SPCA in advance of the raid since it occurred more than three years ago and there was no record of his desk calendar to prove when the SPCA contacted him and when he met with them.
Lang was the only witness called by the defense Tuesday in Hoskins’ nonjury trial before Town Justice Douglas W. Marky on 74 misdemeanor counts of animal cruelty.
When the trial resumed Tuesday, Eoannou asked for dismissal of all charges; Marky reserved decision on that point. The prosecution had ended its case Monday afternoon with cross-examination of veterinarian Charlotte Tutu.
An interesting twist that emerged with Lang on the stand was that he openly acknowledged knowing Hoskins since she was about 8 years old and that she was a student of the late Harry Embree, a horse trainer and mentor of Hoskins. Lang said Tuesday court session was the first time he had seen Hoskins in five years.
“Obviously, I knew Ms. Hoskins and it was quite a surprise,” Lang said of when he learned of the planned confiscation.
Lang, a professional horse trainer for most of his life, said he had often seen Hoskins at horse shows over the years. At one point, in the mid-1990s, Lang said, Hoskins brought a few of her horses to his place to have him take care of them while she was between barns.
Under cross-examination by Assistant District Attorney Matt Albert, Lang acknowledged he would see Hoskins at horse shows when she was a child, into her teens and 20s. “She was in the horse business,” Lang said.
When questioned further by Albert, Lang said he had a financial relationship with Hoskins for about six months when he took care of a few of her horses. After being pressed by Albert about the timing of the SPCA’s contacting him, Lang said he had no record of the meeting date.
Lang also said he was surprised to hear Hoskins was going to be prosecuted criminally and acknowledged that he wanted to help her. He said Eoannou contacted him about 2½ years after the raid to give a statement to the defense.
At first, Albert did not want to begin cross-examination of Lang, saying that Eoannou had not listed him as one of 20 potential witnesses he might call. The list includes SPCA Executive Director Barbara S. Carr, SPCA attorney Alan Donatelli and agency spokeswoman Gina M. Browning. “[Eoannou] neglected to put Mr. Lang on the list. … to put all the cards on the table,” Albert said.
Eoannou insisted he had put it on the record that he was calling Lang, who was on the witness stand for a little more than an hour, except for a brief recess.
At Marky’s suggestion, Albert said he may recall Lang as a witness for further questions but was not yet certain.
The trial has had its share of adjournments and delays and resumed earlier this month after nearly a 100-day lapse since November.
When the trial will resume is uncertain because of the schedules and availability of witnesses for the defense. But there might not be any action in the trial again until the first week in April.
email: krobinson@buffnews.com
Hoskins faces charges tied to a March 18, 2010, raid by the SPCA Serving Erie County at her Aurora farm where the agency seized 73 Morgan horses that allegedly had been living in squalid conditions.
The first defense witness, Dennis Lang, CEO of the Erie County Agricultural Society, which owns the county fairgrounds, testified that SPCA officials contacted him once before the raid.
Under questioning from defense attorney Thomas J. Eoannou, Lang said that then-SPCA Officer Lyndsey Styborski told him sometime in the first week of March that the agency needed stalls to house about 50 horses that would be confiscated.
Lang also testified that he was told it was “a definite seizure” and to keep it confidential. Lang said he met with Styborski and another SPCA official, whom he said he did not know, but ended up later identifying as Beth Shapiro, deputy director of the SPCA.
“I told her I’d house the horses, but they’d have to be out by the end of March because I had an event/horse sale” in the horse barn, Lang said.
From a defense standpoint, Lang’s testimony was crucial because Eoannou was trying to show that the SPCA had a definite plan – not a contingency plan – far in advance of the raid. “I’ve been saying for three years that this was preplanned,” Eoannou said after cross-examination of Lang ended Tuesday afternoon.
The prosecution, however, tried to poke holes in Lang’s ability to accurately recall dates of contact with the SPCA in advance of the raid since it occurred more than three years ago and there was no record of his desk calendar to prove when the SPCA contacted him and when he met with them.
Lang was the only witness called by the defense Tuesday in Hoskins’ nonjury trial before Town Justice Douglas W. Marky on 74 misdemeanor counts of animal cruelty.
When the trial resumed Tuesday, Eoannou asked for dismissal of all charges; Marky reserved decision on that point. The prosecution had ended its case Monday afternoon with cross-examination of veterinarian Charlotte Tutu.
An interesting twist that emerged with Lang on the stand was that he openly acknowledged knowing Hoskins since she was about 8 years old and that she was a student of the late Harry Embree, a horse trainer and mentor of Hoskins. Lang said Tuesday court session was the first time he had seen Hoskins in five years.
“Obviously, I knew Ms. Hoskins and it was quite a surprise,” Lang said of when he learned of the planned confiscation.
Lang, a professional horse trainer for most of his life, said he had often seen Hoskins at horse shows over the years. At one point, in the mid-1990s, Lang said, Hoskins brought a few of her horses to his place to have him take care of them while she was between barns.
Under cross-examination by Assistant District Attorney Matt Albert, Lang acknowledged he would see Hoskins at horse shows when she was a child, into her teens and 20s. “She was in the horse business,” Lang said.
When questioned further by Albert, Lang said he had a financial relationship with Hoskins for about six months when he took care of a few of her horses. After being pressed by Albert about the timing of the SPCA’s contacting him, Lang said he had no record of the meeting date.
Lang also said he was surprised to hear Hoskins was going to be prosecuted criminally and acknowledged that he wanted to help her. He said Eoannou contacted him about 2½ years after the raid to give a statement to the defense.
At first, Albert did not want to begin cross-examination of Lang, saying that Eoannou had not listed him as one of 20 potential witnesses he might call. The list includes SPCA Executive Director Barbara S. Carr, SPCA attorney Alan Donatelli and agency spokeswoman Gina M. Browning. “[Eoannou] neglected to put Mr. Lang on the list. … to put all the cards on the table,” Albert said.
Eoannou insisted he had put it on the record that he was calling Lang, who was on the witness stand for a little more than an hour, except for a brief recess.
At Marky’s suggestion, Albert said he may recall Lang as a witness for further questions but was not yet certain.
The trial has had its share of adjournments and delays and resumed earlier this month after nearly a 100-day lapse since November.
When the trial will resume is uncertain because of the schedules and availability of witnesses for the defense. But there might not be any action in the trial again until the first week in April.
email: krobinson@buffnews.com
↧
↧
Three held on burglary charges
STOCKTON – Three men suspected of involvement in a number of daytime burglaries in the Southern Tier and northeastern Pennsylvania were being held Tuesday in the Chautauqua County Jail on burglary counts linked to a Stockton house break-in a month ago, the Chautauqua County Sheriff’s Office announced today.
Dustin W. Hale, 28, of Silver Creek; Alex Tylwalk, 21, of Dunkirk and Richard J. Patterson, 21, of Brocton were in custody on single counts of second-degree burglary each for allegedly breaking into a Town of Stockton home on Route 380 Feb. 17 but fleeing when the home owners returned unexpectedly.
All three were charged in that case based on an investigation by Sheriff investigators Randy Boland, Nick Sobecki, Doug Walter and Larry Klaijbor with assistance of Dunkirk and Westfield police. An investigation continues to see if the three suspects are linked to any of a number of daytime burglaries in the region from late January through mid-February, sheriff’s office spokesmen said.
Dustin W. Hale, 28, of Silver Creek; Alex Tylwalk, 21, of Dunkirk and Richard J. Patterson, 21, of Brocton were in custody on single counts of second-degree burglary each for allegedly breaking into a Town of Stockton home on Route 380 Feb. 17 but fleeing when the home owners returned unexpectedly.
All three were charged in that case based on an investigation by Sheriff investigators Randy Boland, Nick Sobecki, Doug Walter and Larry Klaijbor with assistance of Dunkirk and Westfield police. An investigation continues to see if the three suspects are linked to any of a number of daytime burglaries in the region from late January through mid-February, sheriff’s office spokesmen said.
↧
County to pay $90,000 in death of inmate denied medicine
Erie County will pay $90,000 to settle a lawsuit filed because a 54-year-old Holding Center inmate failed to receive crucial blood-pressure medicine while in the jail, suffered a stroke and then died months later.
The estate of Marguerite Arrindell, of Amherst, and the Vinal & Vinal law firm will split the sum, being paid to end the federal court matter against the county, Sheriff Timothy B. Howard, his Sheriff’s Office and two members of the jail’s medical staff.
A separate claim against the doctor involved with Arrindell’s care at the jail, Ronald M. Moscati, will continue in state court, according to court papers.
Arrindell was in the jail on drug-related charges for about a week in April 2008 when she repeatedly asked the jail’s medical personnel to renew her medicine. Before her confinement, she had been taking Avalide and Clonidine, but the medical staff ordered only Avalide, court papers indicate.
An inmate in a nearby cell, Tania Harzynski, provided a statement saying she heard Arrindell seek the medication on a few occasions. Then one evening in late April she heard Arrindell breathing erratically in her sleep. Harzynski called to a deputy on his rounds, who found Arrindell on the floor of her cell with her eyes open but incontinent and unable to speak.
She was moved to Erie County Medical Center and released from the sheriff’s custody, which meant that county taxpayers did not have to pay for her care. Also, Howard’s Jail Management Division was freed from guarding her there and from reporting her death months later, on July 17, 2008, to the State Commission of Correction. The commission did eventually investigate but closed the matter as a death from natural causes.
As a defendant in the case, Howard sat for a deposition centered on the attention he gives to the Holding Center’s medical care. He agreed that while the county Health Department provides the care with a mix of county employees and outside contractors, the sheriff is responsible for the medical care of prisoners. He said he had told the Holding Center superintendent to ensure that detainees continue to receive the medicines they are on when they arrive, but he was vague when asked whether he had ever followed up over the years.
Howard also said he could not remember if he ever reviewed the policy and procedure manual for the jail’s medical unit, nor did he recognize a report by the National Commission on Correctional Health Care completed in 2008 at Erie County’s request. It recommended numerous improvements to the health care and suicide-prevention efforts in Erie County’s detention facilities.
There is general optimism in county government that the Holding Center’s medical care is improving because of the changes outlined in an agreement with the U.S. Justice Department, which sued in 2009 to impose better conditions at the Holding Center and the Correctional Facility in Alden.
In court papers, attorney Jeanne M. Vinal indicated that Eustace Arrindell, administrator of his wife’s estate, was willing to settle the lawsuit in part because of the county’s accord with the Justice Department and the hiring of more nurses.
In 2009, the county paid $250,000 to settle a suit alleging that jail deputies used excessive force against Mark Curcie, who suffered a punctured lung and had to have his spleen removed.
In a case similar to Arrindell’s, the county paid $150,000 to settle a suit brought by Craig Beatty, who slipped into diabetic ketoacidosis after he was denied his medicine though he asked for it repeatedly. He nearly died.
email: mspina@buffnews.com
The estate of Marguerite Arrindell, of Amherst, and the Vinal & Vinal law firm will split the sum, being paid to end the federal court matter against the county, Sheriff Timothy B. Howard, his Sheriff’s Office and two members of the jail’s medical staff.
A separate claim against the doctor involved with Arrindell’s care at the jail, Ronald M. Moscati, will continue in state court, according to court papers.
Arrindell was in the jail on drug-related charges for about a week in April 2008 when she repeatedly asked the jail’s medical personnel to renew her medicine. Before her confinement, she had been taking Avalide and Clonidine, but the medical staff ordered only Avalide, court papers indicate.
An inmate in a nearby cell, Tania Harzynski, provided a statement saying she heard Arrindell seek the medication on a few occasions. Then one evening in late April she heard Arrindell breathing erratically in her sleep. Harzynski called to a deputy on his rounds, who found Arrindell on the floor of her cell with her eyes open but incontinent and unable to speak.
She was moved to Erie County Medical Center and released from the sheriff’s custody, which meant that county taxpayers did not have to pay for her care. Also, Howard’s Jail Management Division was freed from guarding her there and from reporting her death months later, on July 17, 2008, to the State Commission of Correction. The commission did eventually investigate but closed the matter as a death from natural causes.
As a defendant in the case, Howard sat for a deposition centered on the attention he gives to the Holding Center’s medical care. He agreed that while the county Health Department provides the care with a mix of county employees and outside contractors, the sheriff is responsible for the medical care of prisoners. He said he had told the Holding Center superintendent to ensure that detainees continue to receive the medicines they are on when they arrive, but he was vague when asked whether he had ever followed up over the years.
Howard also said he could not remember if he ever reviewed the policy and procedure manual for the jail’s medical unit, nor did he recognize a report by the National Commission on Correctional Health Care completed in 2008 at Erie County’s request. It recommended numerous improvements to the health care and suicide-prevention efforts in Erie County’s detention facilities.
There is general optimism in county government that the Holding Center’s medical care is improving because of the changes outlined in an agreement with the U.S. Justice Department, which sued in 2009 to impose better conditions at the Holding Center and the Correctional Facility in Alden.
In court papers, attorney Jeanne M. Vinal indicated that Eustace Arrindell, administrator of his wife’s estate, was willing to settle the lawsuit in part because of the county’s accord with the Justice Department and the hiring of more nurses.
In 2009, the county paid $250,000 to settle a suit alleging that jail deputies used excessive force against Mark Curcie, who suffered a punctured lung and had to have his spleen removed.
In a case similar to Arrindell’s, the county paid $150,000 to settle a suit brought by Craig Beatty, who slipped into diabetic ketoacidosis after he was denied his medicine though he asked for it repeatedly. He nearly died.
email: mspina@buffnews.com
↧
Alden man gets 20 years in child porn case
An Alden man who had been serving as a foster parent even though he was convicted many years ago of child molestation was sentenced Tuesday by Chief U.S. District Judge William M. Skretny to 20 years in prison on child pornography charges.
Chad A. Salvatore, 40, had previously been convicted of distribution of child pornography, receipt of child pornography and obstruction of justice.
Assistant U.S. Attorney Aaron J. Mango said Salvatore downloaded child porn in December 2010 and later distributed it to an FBI agent in Rochester and to a federal agent with the Colorado Internet Crimes Against Children Task Force.
At the time of Salvatore’s arrest, investigators revealed that he had been acting as a foster parent to a young teenager, even though Salvatore had been convicted of molesting three children when he was a teenager.
Chad A. Salvatore, 40, had previously been convicted of distribution of child pornography, receipt of child pornography and obstruction of justice.
Assistant U.S. Attorney Aaron J. Mango said Salvatore downloaded child porn in December 2010 and later distributed it to an FBI agent in Rochester and to a federal agent with the Colorado Internet Crimes Against Children Task Force.
At the time of Salvatore’s arrest, investigators revealed that he had been acting as a foster parent to a young teenager, even though Salvatore had been convicted of molesting three children when he was a teenager.
↧
Assault, drug charges follow altercation
A 36-year-old Hodge Avenue man was arrested on third-degree assault, drug and harassment charges after allegedly injuring a Prospect Avenue man during an argument in an Elmwood Avenue flat at 2:40 a.m. Monday.
Kevin Reilly was charged with possession of cocaine after allegedly stabbing his victim during an argument.
Kevin Reilly was charged with possession of cocaine after allegedly stabbing his victim during an argument.
↧
↧
Falls man, 18, faces charge of felony gang assault
NIAGARA FALLS – Three men were injured – one of them stabbed and seriously hurt – when they were attacked by a gang on Pierce Avenue.
Jonathan J. Singletary, 18, of 85th Street, was charged with felony gang assault for his alleged role.
The three men said they were cornered by about 10 men and forced to fight just before 6:30 p.m. Monday in the 1700 block of Pierce Avenue.
Joshua Diez, 20, of New York City, was stabbed several times in the back. He was taken to Erie County Medical Center in Buffalo and was in stable condition Tuesday, according to Capt. William M. Thomson, chief of detectives.
The two other victims were found with minor cuts and abrasions, police said. The men told police they saw one suspect holding a knife, and after the fight, they said, they realized Diez had been stabbed and ran to a nearby house to get help. A witness told police the three men were “way outnumbered.”
Singletary was treated in Niagara Falls Memorial Medical Center and was identified as a suspect in the attack. He was released from the hospital and charged just after 10:30 p.m.
Jonathan J. Singletary, 18, of 85th Street, was charged with felony gang assault for his alleged role.
The three men said they were cornered by about 10 men and forced to fight just before 6:30 p.m. Monday in the 1700 block of Pierce Avenue.
Joshua Diez, 20, of New York City, was stabbed several times in the back. He was taken to Erie County Medical Center in Buffalo and was in stable condition Tuesday, according to Capt. William M. Thomson, chief of detectives.
The two other victims were found with minor cuts and abrasions, police said. The men told police they saw one suspect holding a knife, and after the fight, they said, they realized Diez had been stabbed and ran to a nearby house to get help. A witness told police the three men were “way outnumbered.”
Singletary was treated in Niagara Falls Memorial Medical Center and was identified as a suspect in the attack. He was released from the hospital and charged just after 10:30 p.m.
↧
Investment adviser gets 11 years for fraud
James Lagona’s fall from grace started with allegations of a Ponzi scheme that victimized dozens of people and culminated in a high-profile trial that found him guilty of fraud and conspiracy.
If that wasn’t bad enough, Lagona compounded his woes by trying to influence the federal prosecutor overseeing his case.
Lagona’s legal travails ended Wednesday when Chief U.S. District Judge William M. Skretny sentenced him to 11 years in prison.
“You were aware of the scheme,” Skretny said of Lagona’s involvement in the fraud. “You could have stopped it, but you didn’t.”
Lagona’s sentence stems from his two run-ins with the law.
He and fellow defendant Ian Campbell Gent were convicted of fraud and conspiracy in early 2011 for their role in an Amherst-based Ponzi scheme that cheated 90 victims, many of them retirees.
During the trial, Lagona and Gent portrayed themselves as victims and denied knowingly helping Guy Gane and his company, Watermark Financial Services of Amherst.
Lagona continued to maintain his innocence during his sentencing Wednesday.
“I had no idea the money was missing from the accounts,” he told Skretny. “I had absolutely no idea money was being taken out.”
Prosecutors say Gane cheated Watermark’s customers by telling them he was investing their money in valuable waterfront real estate in Maine but never actually bought those properties.
Gane, who many believe was the mastermind behind the scheme, eventually pleaded guilty to fraud and money-laundering charges and agreed to testify against Lagona and Gent.
Gane was sentenced to 13 years in prison. Gent got eight years.
After his initial fraud conviction, Lagona tried to get the case overturned by influencing U.S. Attorney William J. Hochul Jr. through his wife, then-Rep. Kathleen Hochul.
In the days leading up to last year’s November election, Lagona approached one of Kathleen C. Hochul’s campaign aides and offered what prosecutors called a “quid pro quo.”
He told the aide that he would campaign for the Hamburg Democrat and do his best to woo undecided Catholic voters – he’s a self-described Christian mystic and psychic and a leader in the Western Rite Orthodox Catholic Church. In return, Lagona proposed that Hochul’s husband would have to dismiss his upcoming sentencing for fraud.
A day later, he met with the campaign aide again and repeated his offer.
email: pfairbanks@buffnews.com
If that wasn’t bad enough, Lagona compounded his woes by trying to influence the federal prosecutor overseeing his case.
Lagona’s legal travails ended Wednesday when Chief U.S. District Judge William M. Skretny sentenced him to 11 years in prison.
“You were aware of the scheme,” Skretny said of Lagona’s involvement in the fraud. “You could have stopped it, but you didn’t.”
Lagona’s sentence stems from his two run-ins with the law.
He and fellow defendant Ian Campbell Gent were convicted of fraud and conspiracy in early 2011 for their role in an Amherst-based Ponzi scheme that cheated 90 victims, many of them retirees.
During the trial, Lagona and Gent portrayed themselves as victims and denied knowingly helping Guy Gane and his company, Watermark Financial Services of Amherst.
Lagona continued to maintain his innocence during his sentencing Wednesday.
“I had no idea the money was missing from the accounts,” he told Skretny. “I had absolutely no idea money was being taken out.”
Prosecutors say Gane cheated Watermark’s customers by telling them he was investing their money in valuable waterfront real estate in Maine but never actually bought those properties.
Gane, who many believe was the mastermind behind the scheme, eventually pleaded guilty to fraud and money-laundering charges and agreed to testify against Lagona and Gent.
Gane was sentenced to 13 years in prison. Gent got eight years.
After his initial fraud conviction, Lagona tried to get the case overturned by influencing U.S. Attorney William J. Hochul Jr. through his wife, then-Rep. Kathleen Hochul.
In the days leading up to last year’s November election, Lagona approached one of Kathleen C. Hochul’s campaign aides and offered what prosecutors called a “quid pro quo.”
He told the aide that he would campaign for the Hamburg Democrat and do his best to woo undecided Catholic voters – he’s a self-described Christian mystic and psychic and a leader in the Western Rite Orthodox Catholic Church. In return, Lagona proposed that Hochul’s husband would have to dismiss his upcoming sentencing for fraud.
A day later, he met with the campaign aide again and repeated his offer.
email: pfairbanks@buffnews.com
↧
Man charged in death of 1-year-old Springville boy
For the second time in as many weeks, a little boy is dead and his mother’s boyfriend has been charged with his murder.
The toddler was identified Wednesday as 1-year-old Austin Smith of Springville. He would have celebrated his second birthday Saturday.
Authorities did not release the name of the 16-year-old charged with Austin’s murder, because he could qualify for youthful offender status.
The teen and Austin’s mother, Ashley Smith, 19, have been dating off and on for the past three years and recently moved into the upstairs of his family’s house on Cochran Avenue in Springville, said Erie County Sheriff Timothy B. Howard.
Smith went to work Tuesday afternoon and left Austin and her 3-month-old baby in the care of the teen, Howard said.
“The subsequent investigation revealed that the mother’s 16-year-old boyfriend struck the child repeatedly about the face,” Howard said during a news conference Wednesday afternoon.
Why? Howard was asked.
“The child was crying,” Howard said.
“There’s no explanation for why anyone would strike a child like that,” he added.
“You can’t suggest any reason that would justify it, but there was some indication that the child was crying just before that.”
The tragedy began to unfold sometime around 4 p.m. Tuesday, after Smith left for work, Howard said.
The teen’s mother was in the downstairs part of the home Tuesday evening and at one point heard Austin laughing, investigators said.
A little later, she heard a small cry but assumed it was when the teen was washing the boy’s hair while giving him a bath.
At about 8:20 p.m., the teenager saw that Austin had stopped breathing and yelled to his mother, Howard said. The teen used his cell phone to call 911.
He was waiting on the front porch when Deputies Ben Pisa, Jason Bouton and Don Hoelscher arrived on the scene. The deputies found Austin in a bedroom and performed CPR on the toddler until paramedics arrived.
Austin was transported to Bertrand Chaffee Hospital, where he was pronounced dead at about 9 p.m.
When doctors saw the bruises on Austin’s body, investigators turned their attention to the teenager and charged him with first-degree assault.
The teen was arraigned early Wednesday morning in Springville Village Court.
Later in the day he was charged with second-degree murder when an autopsy showed Austin died from blunt force trauma to the head, Howard said.
The teen is being held without bail in the Erie County Holding Center and is scheduled to be arraigned on the murder charge in Springville later this week.
The sheriff Wednesday shot down a story circulating that the little boy had fallen down the stairs.
“It may or may not have happened, but it has nothing to do with the cause of death,” Howard said.
“It’s another one of those crimes that didn’t have to happen,” Howard said. “We’re not placing any blame on the 19-year-old mother. She actually left and went to work, leaving her child in the care of a 16-year-old person she trusted.”
Smith and her two children have been living with the teenager for about the past month, Howard said.
“It’s been suggested by others that this is only the second time he’s been with the children alone, but he and the mother have obviously been with them quite a bit over the last month,” Howard said.
Smith’s infant child was not injured.
Child Protective Services placed the baby with other family members.
It’s the second such tragedy in two weeks, Howard said.
Earlier this month, Justin Crouse, 30, of Salamanca, was charged in the death of 3-year-old Gage Seneca. The boy was found dead on the morning of March 5 in his home on Sulphur Springs Road on the Cattaraugus Indian Reservation in Brant.
“There’s no excuses. There’s no explanation for this,” Howard said. “We just can’t let it happen.”
email: jrey@buffnews.com
The toddler was identified Wednesday as 1-year-old Austin Smith of Springville. He would have celebrated his second birthday Saturday.
Authorities did not release the name of the 16-year-old charged with Austin’s murder, because he could qualify for youthful offender status.
The teen and Austin’s mother, Ashley Smith, 19, have been dating off and on for the past three years and recently moved into the upstairs of his family’s house on Cochran Avenue in Springville, said Erie County Sheriff Timothy B. Howard.
Smith went to work Tuesday afternoon and left Austin and her 3-month-old baby in the care of the teen, Howard said.
“The subsequent investigation revealed that the mother’s 16-year-old boyfriend struck the child repeatedly about the face,” Howard said during a news conference Wednesday afternoon.
Why? Howard was asked.
“The child was crying,” Howard said.
“There’s no explanation for why anyone would strike a child like that,” he added.
“You can’t suggest any reason that would justify it, but there was some indication that the child was crying just before that.”
The tragedy began to unfold sometime around 4 p.m. Tuesday, after Smith left for work, Howard said.
The teen’s mother was in the downstairs part of the home Tuesday evening and at one point heard Austin laughing, investigators said.
A little later, she heard a small cry but assumed it was when the teen was washing the boy’s hair while giving him a bath.
At about 8:20 p.m., the teenager saw that Austin had stopped breathing and yelled to his mother, Howard said. The teen used his cell phone to call 911.
He was waiting on the front porch when Deputies Ben Pisa, Jason Bouton and Don Hoelscher arrived on the scene. The deputies found Austin in a bedroom and performed CPR on the toddler until paramedics arrived.
Austin was transported to Bertrand Chaffee Hospital, where he was pronounced dead at about 9 p.m.
When doctors saw the bruises on Austin’s body, investigators turned their attention to the teenager and charged him with first-degree assault.
The teen was arraigned early Wednesday morning in Springville Village Court.
Later in the day he was charged with second-degree murder when an autopsy showed Austin died from blunt force trauma to the head, Howard said.
The teen is being held without bail in the Erie County Holding Center and is scheduled to be arraigned on the murder charge in Springville later this week.
The sheriff Wednesday shot down a story circulating that the little boy had fallen down the stairs.
“It may or may not have happened, but it has nothing to do with the cause of death,” Howard said.
“It’s another one of those crimes that didn’t have to happen,” Howard said. “We’re not placing any blame on the 19-year-old mother. She actually left and went to work, leaving her child in the care of a 16-year-old person she trusted.”
Smith and her two children have been living with the teenager for about the past month, Howard said.
“It’s been suggested by others that this is only the second time he’s been with the children alone, but he and the mother have obviously been with them quite a bit over the last month,” Howard said.
Smith’s infant child was not injured.
Child Protective Services placed the baby with other family members.
It’s the second such tragedy in two weeks, Howard said.
Earlier this month, Justin Crouse, 30, of Salamanca, was charged in the death of 3-year-old Gage Seneca. The boy was found dead on the morning of March 5 in his home on Sulphur Springs Road on the Cattaraugus Indian Reservation in Brant.
“There’s no excuses. There’s no explanation for this,” Howard said. “We just can’t let it happen.”
email: jrey@buffnews.com
↧