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Head of cocaine ring in Wheatfield gets 8-year prison term

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The head of a large-scale cocaine ring that operated out of bars in northern Erie County and Niagara County was sentenced Tuesday by U.S. District Judge Richard J. Arcara to eight years in prison.

Keith Simmons, of North Tonawanda, is one of the last of 23 defendants to be sentenced in connection with a case that involved two popular bars in Wheatfield – JT Wheatfield’s on Ward Road and Papa Joe’s on Niagara Falls Boulevard. Authorities say the defendants used the bars to distribute cocaine.

Assistant U.S. Attorney Michael L. McCabe and defense attorney Cheryl Meyers Buth both credited Simmons with cooperating with prosecutors after pleading guilty to engaging in a continuing criminal enterprise in 2010.

Simmons, who has admitted in the past to being the “organizer and supervisor” of the drug ring, told Arcara that he regrets what he did and is eager to move on with his life once he’s out of prison.


Police, feds raid Perry Homes for guns, cocaine

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Federal and local police made several arrests, confiscated several guns and seized as much as three and half pounds of crack cocaine during raids this morning at the Commodore Perry Homes.

Most of the actions centered around 124 Fulton St. and 305 Perry, two high rises near downtown.

An unknown number of guns were seized and several arrests were made, although police refused to say how many early this morning.

The joint investigation included members of the Buffalo Police, FBI, DEA and other law enforcement agencies.

email: lmichel@buffnews.com

Former police adviser pleads guilty to drug charge

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Two years ago, Ricky M. Allen Sr. led an effort to improve the Buffalo Police Department.

Today, he’s a convicted drug dealer.

Allen, former interim chairman of the Buffalo Joint Commission to Examine Police Reorganization, pleaded guilty Wednesday to conspiracy to distribute cocaine. He faces up to 46 months in federal prison.

“When we get a drug dealer off the streets, it’s a good thing,” said Buffalo Police Commissioner Daniel Derenda. “When we get a drug dealer who’s masquerading as a community leader off the streets, it’s an even better thing.”

Allen’s fall from grace started with his arrest in March 2011 and the allegation that he used his position on the police panel to obtain inside information about drug investigations.

Police said Allen would then pass the information on to John C. Smith, a longtime friend and the man charged with heading the drug ring. They also claim Allen allowed Smith to store cocaine in Allen’s home on Roosevelt Avenue.

“The defendant’s residence was a stash location for Smith,” Assistant U.S. Attorney Thomas S. Duszkiewicz said in court Wednesday.

Allen, 56, admitted his involvement with drug dealing as part of a plea deal that details three separate incidents of Allen helping Smith sell cocaine. Duszkiewicz said there were other such incidents.

“What possessed you to get involved in something like this?” U.S. District Judge Richard J. Arcara asked Allen.

Allen, who suffers from back pain and other ailments and is permanently disabled, said his involvement with Smith started out as a well-intentioned effort to help his friend of 28 years.

“I was trying to get him to straighten his life out,” he told Arcara.

Allen never explained how his effort at helping a friend led him to drug dealing, but his lawyer was quick to suggest that it was a bump in the road in an otherwise law-abiding life.

Married with three children, Allen spent 35 years as a manager at Moog Inc. before getting injured and becoming disabled.

“Suffice it to say it was a series of bad circumstances,” said defense attorney Jeremy D. Schwartz. “He made some bad decisions.”

At the time of his arrest, Allen was portrayed by police as an insider who abused his advisory position with the department.

Derenda said he was so upset by Allen’s involvement with Smith that he accompanied members of a SWAT team when they arrested Allen at his home that day in March 2011.

“He was a total fraud,” Derenda said, “and he’s getting what he deserved.”

There’s no mention in Allen’s plea agreement of his passing inside information on to Smith, but the allegation is spelled out in the original complaint against him.

At the time, prosecutors claimed that Derenda had informed the police commission at a meeting in February 2011 that “something big” was planned for the following week.

Allen, according to court papers, made a call to Smith the next day and had the following conversation with him:

“Something big going down next week, man,” he told Smith. “I have to talk to you about it.”

“Yeah, all right,” Smith responded.

A few weeks later, agents from the U.S. Drug Enforcement Administration arrested Allen, Smith and several others as part of an early-morning raid that included members of the Afro Dogs motorcycle club.

Allen, who will be sentenced July 17, was not the only high-profile person picked up as part of the roundup.

Federal agents also arrested Dale Lockwood, the brother of Deputy Police Commissioner Byron C. Lockwood.

That case is still pending before Arcara.



email: pfairbanks@buffnews.com

Traffic stop leads to drug charge

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LEWISTON – A Niagara Falls woman faces a number of charges, including possession of marijuana, after she was stopped for failure to display an inspection sticker on the windshield of her vehicle just before 5 p.m. Tuesday on Witmer Road near Saunders Settlement Road.

Rebecca C. McCoy, 38, of Linwood Ave., was charged with unlawful possession of marijuana, third-degree aggravated unlicensed operation and unsafe tires by Niagara County sheriff’s deputies.

Deputies said they stopped McCoy when they saw there was no inspection sticker and McCoy showed deputies a temporary sticker she had failed to attach to the window.

McCoy told deputies she needed to get new tires before her car would pass inspection. Officers said they then noticed that both tires on the driver’s side were bald. Her license was found to have been suspended for failure to answer a summons in Niagara Falls.

Officers also found two burnt marijuana cigarettes, and McCoy turned over a bowl used for marijuana and a baggie of marijuana which were in her purse.

Apartment found burglarized in Lockport

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LOCKPORT – A Fairview Drive resident told Niagara County sheriff’s deputies Tuesday that someone entered her apartment and took electronics and a number of personal items while she was away.

The woman said that sometime between 3:30 p.m. Monday and 2:50 a.m. Tuesday someone took a Wii gaming system, an Xbox gaming system, a video camera, personal pictures, $50 worth of loose change and a faux fur coat from her apartment in the 7500 block of Fairview Drive.

The victim said she believed that the door and deadbolt were locked when she left. She told deputies she suspected someone she knows, but did not think that person had a key.

Man pleads guilty in electronics store break-in

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LOCKPORT – Jamarius D. Scott, 21, of Linwood Avenue, Niagara Falls, pleaded guilty Wednesday in Niagara County Court to taking part in the Feb. 17 burglary of NYC Jewelry and Electronics Outlet, 1605 Pine Ave. in the Falls.

Scott admitted to a reduced charge of attempted third-degree burglary and was scheduled for sentencing June 6 by County Judge Sara Sheldon Farkas, who released the first-time offender from jail pending sentencing.

Assistant District Attorney Claudette S. Caldwell said charges are pending against two other men in the case. Police said two laptop computers and five cellphones were stolen from the store after a window was smashed. Scott was ordered to pay one-third of the total restitution cost of $2,000.

Rape suspect freed; prosecution admits trial unlikely

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LOCKPORT – A man accused of raping a woman at knifepoint was freed from Niagara County Jail Wednesday on the orders of County Judge Sara Sheldon Farkas, as the case against him seemed to be coming unglued.

Roy Reynolds, 57, of 13th Street, Niagara Falls, had been held on $100,000 bail since his Nov. 15 arraignment on charges that included predatory sexual assault, which carries a maximum sentence of life in prison upon conviction. The alleged rape occurred Oct. 7 in an alley off the 500 block of 15th Street. Reynolds claimed the sex was consensual.

After a conference with Farkas, Assistant District Attorney Robert A. Zucco said statements by the woman had altered the situation. He said the trial, scheduled for April 29, “appears unlikely.” He said the facts will be placed on the record when Reynolds returns to court next week.

Reynolds rejected a misdemeanor plea offer. Defense attorney E. Earl Key said. “He told me quite clearly he will not take anything, including a disorderly conduct.”

Falls man charged with crack cocaine sales

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LOCKPORT – A Niagara Falls man, arrested Tuesday morning when police battered down the door of his 37th Street apartment as he was getting dressed, was arraigned in Niagara County Court Wednesday on an indictment charging him with selling crack cocaine.

Wayne F. Jones Jr., 30, pleaded not guilty to two counts of third-degree criminal sale and possession of a controlled substance, and was ordered held in lieu of $5,000 bail.

Assistant District Attorney Peter M. Wydysh said Jones was caught on tape allegedly selling crack to a police informant Jan. 2 and 8. When Jones was arrested Tuesday, police said they found crack on a table in the apartment, but that is not part of the indictment.

Homeless man pleads guilty in Falls crime spree

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LOCKPORT – A homeless Niagara Falls man pleaded guilty Wednesday to stealing a van, a purse and the wallet of a woman who was trying to find him shelter, all in a three-day period.

John R. Malicoat, 38, admitted to one count of fourth-degree grand larceny to settle all three cases. His sentence, due June 4 from County Judge Sara Sheldon Farkas, will include mandatory state prison time of up to four years and restitution totaling $2,521.

Assistant District Attorney Joseph A. Scalzo said Malicoat stole a Dodge Caravan Feb. 10 from a gas station on Pine Avenue in the Falls after the owner left the keys in it while going inside to pay for his gas. The van was recovered at the Holiday Inn in Lockport. The theft came the day after the purse-snatching and the day before he allegedly stole the wallet from the shelter agency staffer and used her credit cards to make $746 worth of purchases.

Rape trial postponed as attorneys discover conflict

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LOCKPORT – The trial of a Niagara Falls man accused of raping a 15-year-old girl last year, which was to begin Monday, was postponed indefinitely Wednesday as public defenders had to withdraw from the case.

Assistant Public Defender Christopher A. Privateer told Niagara County Judge Sara Sheldon Farkas that he was responsible for not discovering sooner that the alleged victim had once been represented by the Public Defender’s Office herself, thus creating a conflict with their representation of Isaac L. McDonald, 29, of 24th Street.

McDonald, a Level 3 sex offender because of past convictions, is facing a potential life prison term if convicted in the current case. He will be assigned an attorney from the county Conflict Defender’s Office.

DNA ties parole violator to 2008-09 burglaries

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LOCKPORT – A man who was jailed Monday for violating parole in a 2010 burglary case was accused Wednesday in Niagara County Court of committing two prior burglaries to which he was connected by DNA samples.

Elbert J. Lewis Jr., 43, of Frontier Avenue, Niagara Falls, pleaded not guilty to two counts each of third-degree burglary, third-degree criminal mischief and petit larceny.

Assistant District Attorney Joseph A. Scalzo said Lewis had to give a DNA sample to the state after his imprisonment for breaking into a cellphone store in the Falls in November 2010. The samples tied him to a November 2008 break-in at a chiropractor’s office and a January 2009 burglary at a Chinese restaurant, both of them in the Falls.

Last of 34 defendants pleads guilty

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A Buffalo man pleaded guilty Wednesday to cocaine trafficking.

Assistant U.S. Attorney Michael L. McCabe said David Howard, 41, aided in the sale of cocaine to members of the “31 Gang” by using a house on Shumway Street in Buffalo to purchase, prepare and distribute the drugs.

McCabe said Howard also provided money to a co-defendant to buy multiple kilograms of cocaine from a supplier in Ohio.

Howard is the last of 34 defendants in the case to take a guilty plea. His conviction is the result of an investigation by the Federal Bureau of Investigation.

Strange find prompts further testing

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WILSON – A Wood Street man called Niagara County sheriff’s deputies after he found a rusty 55 gallon drum with a tuft of hair sticking out of it. The hair appears to be horse hair, according to the Niagara County Sheriff Department.

The man told deputies Monday afternoon that he was walking along the creek bed looking for old glass bottles when he found the rusty drum in the 3900 block of Youngstown Road.

A small glass jar with an unknown green liquid was also secured at the scene for testing.

Undersheriff Michael J. Filicetti said the find doesn’t appear suspicious, but a laboratory is checking what was found.

Fire crews respond to Lockport thrift store

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LOCKPORT – Police and firefighters were called after smoke began filling the Salvation Army Thrift Store on South Transit Road at 2:30 p.m. today

State troopers and volunteers from the South Lockport Fire Department found smoke coming from the ceiling, which was caused by a malfunctioning electric light ballast. No injuries were reported.

Town of Lockport Building Inspector Brian Belson said there was no structural damage to the store nor any damage to goods in the store, but said the store will remain closed until the electrical system can be repaired and reinspected.

“They will have to get an electrician in there to check the electrical connections and see if there are any other electrical issues,” Belson said. “We don’t know if it was just this one light or if all the lights are threatened.”

Couple’s quarrel resolved but prior criminal case still pending

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Fears of a possible abduction after a couple quarrelled in Buffalo turned out to be unfounded when police found the couple and a 3-year-old child safe early Wednesday in a Niagara Falls motel, but the man was arrested on an outstanding felony warrant that was pending from an earlier criminal mischief case in Buffalo.

The couple were identified as Alexandria Alexander, 27, and Jamari Grimes, 30, both of Buffalo. They were accompanied by Grimes’ son, Marquis.

The couple had been seen arguing about 10 hours earlier on Northland Avenue before they drove off in a white vehicle, leading somebody to call police with fears of an abduction.

Handgun shooter sought by Amherst police

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A tall man who fired a number of gunshots at the University Manor on Main Street in Amherst late Tuesday was being sought Wednesday by Amherst police.

Police responded to calls from the hotel at 3612 Main St. shortly after 11 p.m. Tuesday with reports of a large crowd gathering and gunshots being fired. There were no injuries, and police were uncertain about what led to the shooting.

The shooter was described as about 6 feet or 6’2” tall. He was wearing a black jacket or black hooded sweatshirt, blue jeans and carrying a black handgun. Anyone with information about the shooting is asked to call Amherst Police at 689-1311.

Wife of fugitive sex offender arraigned in Niagara County Court

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LOCKPORT – Diane G. Turley surrendered to Lockport police and was arraigned Tuesday on felony charges of hindering prosecution.

She is accused of helping her husband, Paul S. Turley, of Dunkirk, skip his trial on child molestation charges in January.

Diane Turley, 51, of Lily Dale and formerly of Dunkirk, was charged with second-degree hindering prosecution and was remanded to Niagara County Jail on $10,000 bail by Judge William J. Watson. She returned to court Wednesday and was assigned a public defender. A felony hearing has been set for Monday.

Both Turleys left the Niagara County Courthouse in Lockport during the lunch break after jury selection was completed Jan. 23. They did not return.

Paul Turley, 47, was convicted Jan. 28, in his absence, of first- and second-degree course of sexual conduct against a child and first-degree sexual abuse for abusing two North Tonawanda girls between 1996 to 1998, when the two girls were between the ages of 5 and 7, and of fondling one of the girls again in 2003, when she was 12 and he was living in North Tonawanda. The girls, who are now 21, did not come forward until 2011.

U.S. marshals tracked the Turleys across several states and a month later found them staying with an acquaintance in a mobile home in Arizona.

Paul Turley was brought back to Niagara County on March 15. He is being held without bail to await sentencing May 10 by Niagara County Judge Sara Sheldon Farkas.

He could serve as long as 30 years in prison, according to Assistant District Attorney Cheryl Nichols.



email: nfischer@buffnews.com

Canadian man saved near brink of Niagara Falls

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NIAGARA FALLS, Ont. – After a five-hour round of negotiating, a man who had threatened to jump off Table Rock near the brink of the Horseshoe Falls was rescued by Niagara Regional Police and city fire fighters about 12:30 p.m. Wednesday.

The man, whose identity was not made public, was taken to a nearby hospital afterward. Authorities said he is not expected to be charged with a criminal offense. The popular tourist spot was closed for the full five hours after the allegedly suicidal man was first spotted near the brink of the falls about 7:30 a.m.

Perry Homes residents lived in fear for years

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Senior citizens were frightened to leave their modest public housing apartments, schoolchildren walked past drug deals in hallways, and drug dealers carried on as if they owned the place.

It went on for years at the Commodore Perry Homes.

But Diane Gates and a handful of other residents said they never lost hope.

They gathered regularly to pray and, on Wednesday, Gates said, their prayers were answered.

Early Wednesday morning, the landscape took a turn for the better as some 300 local, state and federal police raided four apartments in high-rises and the homes of two Fruit Belt-area drug gangs.

Gates and her friends gave thanks.

“People are afraid to talk, but I’m not. I have Jesus,” said Gates, who clasped the hands of her friend Carla Kelly to offer thanks in front of the 124 Fulton St. high-rise they call home.

In total, 18 people were arrested, including Tyshawn Bradley, who was identified by authorities as an alleged cocaine wholesaler who supplied dealers at the housing project and members of the Fruit Belt Posse and Dodge Town gangs.

U.S. Attorney William J. Hochul Jr. held a news conference in front of 124 Fulton to drive home the message that the drug dealers were no longer in control.

“This is where people live and work. The drug dealers must have thought that they were immune by embedding themselves in a public housing project,” Hochul said. “This is now open and safe for residents and for businesses.”

A submachine gun, two handguns, $30,000 and almost 3½ pounds of powdered cocaine and crack cocaine were confiscated, according to the FBI’s Safe Streets Task Force and Buffalo Police Commissioner Daniel Derenda.

The haul of contraband was impressive, Derenda said, but that wasn’t the most important result of the raids.

“It’s not so much what we confiscated but who we were able to take off the streets,” Derenda said. “They were violent gang members responsible for robberies and assaults. Some may end up charged with homicides.”

Bradley, 27, of Cheektowaga, allegedly operated out of the high- rise apartments, storing his drugs and selling to dealers in the housing project – located at the edge of downtown near the emerging Buffalo Niagara Medical Campus – and to members of the Fruit Belt gangs.

Not only was he arrested, authorities said, but so were his mother, Nannette Brown, 44, of Cheektowaga, and his brother, Michael Bradley Jr. The home of their father was also searched, but no arrests occurred there.

Mayor Byron W. Brown likened the circumstances that led to the drug raids to the 1991 movie “New Jack City,” based on the crack cocaine epidemic of the mid- to late 1980s in New York City and the battle to take down the drug dealers.

“People were fearful and felt like they had no choice but to tolerate this criminal activity,” Brown said, adding that four years ago he authorized a special police housing unit to work with the Buffalo Municipal Housing Authority in targeting guns and drugs.

Dawn E. Sanders-Garrett, the authority’s executive director, said she and her staff cooperated with law enforcement as they prepared for Wednesday’s raids and have been working to deter crime with the installation of surveillance cameras and other measures, such as urging residents to forward information on illegal activities to the police confidential tipline, 847-2255.

“This is a great day for the residents. Safety is what our residents want,” Sanders-Garrett said. “Sometimes we have bad people living here, as we have bad people who live in the rest of the community.”

Footage from the cameras at the Perry projects, undercover surveillance and wiretaps of phone conversations, Hochul said, all contributed to the evidence needed to secure search warrants and indictments.

Others arrested Wednesday included Buffalo residents Darnell “D” Brown, 28; Dallas “Ice” McLamore, 28; Eric Ross, 23; Brandon “YB” Atkins, 26; Tashawn Gay, 22; Melvin “Hoff” Tucker, 23; David Varner, 54; Latifah “LaLa” Donaldson, 21; Tara Robinson, 23; Phayon “Booper” Redmond, 27; Rashawn Pennick, 26, and Jasmin Carson, 19.

Among the gang members from the Fruit Belt who were arrested were Dimone “Pony” Thomas, 26; Shariff Johnson, who also goes by the name of Ahmad Johnson, 33; and Rudell “Rudy” Jackson, 24.



email: lmichel@buffnews.com

Antoine Garner pleads guilty to sex, robbery charges

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A Buffalo man recently convicted of choking and assaulting a prostitute admitted to more crimes Wednesday stemming from two other violent incidents.

Antoine J. Garner, 26, pleaded guilty as charged to three counts of third-degree rape and three counts of third-degree criminal sexual act for raping and sodomizing a 16-year-old girl and impregnating her, according to the Erie County District Attorney’s Office.

The sex crimes occurred between December 2008 and January 2009, according to the office.

Though he did not force himself on the 16-year-old, legally consensual sex was not permitted because he was an adult and she was a minor. Authorities did not learn about what happened until 2011, when a paternity suit against Garner was filed in Erie County Family Court on behalf of the mother.

Garner also pleaded guilty, as charged, to two counts of first-degree robbery and two counts of second-degree robbery before Erie County Judge Kenneth F. Case.

Garner admitted participating in a home invasion in the Town of Clarence, taking money and jewelry from the victim and also terrorizing her at gunpoint.

Garner “orchestrated and led” the home invasion, according to District Attorney Frank A. Sedita III.

Garner and another man were accused of invading the Clarence home in the middle of the night on July 2, 2011, and forcing the woman homeowner, who was home alone at the time, to open a safe at gunpoint.

Two men, both of them wearing ski masks, stole at least $75,000 in cash and jewelry, then fled in a car, according to the Erie County Sheriff’s Office.

Investigators got a break from workers at Airport Plaza Jewelers who identified a high-end watch that someone tried to pawn there the day after the break-in. The jewelers said the item was too expensive to sell at their store, and the man left. Authorities were able to identify the man as Garner.

The sex crimes to which Garner admitted carry up to four years in state prison, while the robbery convictions carry up to 25 years.

There was no plea agreement for any of the crimes to which Garner pleaded guilty, Sedita said.

“I cannot speak for Mr. Garner, but when the judge committed to 18 years, I would think that provided a more desirable alternative than, say, 37 years,” Sedita said. “There is absolutely nothing a DA can do when the defendant pleads guilty as charged and the judge gives him a commitment.”

Sedita cited the work of the assistant district attorneys who handled the Garner cases: Rosanne E. Johnson, chief of the Special Victims Bureau, and Brian McNamara, chief of the Felony Trial Bureau.

Sedita also cited the investigative work of detectives Daniel Brinkerhoff of the Erie County Sheriff’s Office and James Kaska and Kim Tomassi of the Buffalo Police Department.

In February, a jury found Garner guilty of choking and assaulting a 43-year-old woman in an abandoned house on Jewett Avenue in June 2011. The convictions in that trial, in which Case presided, carry up to seven years in state prison.

While the victim in that case survived with cuts and bruises, Garner’s choking conviction carries overtones to the unrelated but mysterious death of Amanda L. Wienckowski.

Garner is considered a “person of interest” but was never charged in Wienckowski’s death. Authorities believe he was the last person known to have seen Wienckowski alive.

Four years ago, Wienckowski’s frozen body was found upside down in a garbage tote at Clinton and Spring streets, across the street from Garner’s home.

Garner has publicly stated that Wienckowski briefly stopped at his home to buy drugs and then she left.

Leslie Brill, Wienckowski’s mother, offered her sympathies to Garner’s victims.

“Thank God he is off the streets so that he can no longer victimize any other people like he did these two individuals and Amanda. God knows how many others,” said Brill, who was in the courtroom Wednesday.



email: plakamp@buffnews.com
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