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Mom of three succeeds in judicial diversion program

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LOCKPORT – A Niagara Falls woman has become one of the rare success stories in the judicial diversion program of court-supervised drug treatment.

Gina M. Frey, 26, of Augustus Place, on Thursday was allowed to cancel her guilty plea to a drug felony and replace it with a misdemeanor. Niagara County Judge Sara Sheldon Farkas then granted her a conditional discharge instead of placing her on probation. Defense attorney James J. Faso Jr. said Frey plans to move to Florida soon.

Frey, who was pregnant with her third child at the time, sold cocaine to a police informant Nov. 11, 2010. She pleaded guilty and was admitted to diversion in August 2011, risking a nine-year state prison if she failed in the program.

Sex offender admits to registration felony

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LOCKPORT – A Level 1 sex offender admitted in Niagara County Court Thursday that he failed to inform the state last March that he moved, as required by state law.

Christopher Montgomery, 29, of Willow Avenue, Niagara Falls, pleaded guilty to a felony count of failure to register, and faces as long as four years in state prison when he is sentenced Feb. 28 by County Judge Matthew J. Murphy III.

Montgomery had been living on South Avenue in the Falls, but when police checked the reported address March 19, they found it was boarded up and vacant, Assistant District Attorney Brian D. Seaman said.

Polish citizen arraigned on double DWI

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LOCKPORT – A citizen of Poland living in Lockport pleaded not guilty Thursday to an indictment charging him with two counts of felony driving while intoxicated.

Mariusz Swider, 36, of Sunnyside Street, was arrested Aug. 3 in the City of Lockport and Sept. 14 in the Town of Lockport, Deputy District Attorney Theodore A. Brenner said. Swider also is charged with two counts of failure to stay in his lane, having an open container of alcohol in a vehicle and fourth-degree criminal mischief, the latter for lawn damage caused when his vehicle went off the pavement during the first incident.

Swider’s blood alcohol content was measured at .14 percent after the first arrest; he refused to be tested the second time. Niagara County Judge Sara Sheldon Farkas set bail at $5,000.

In another case Thursday, Ronald A. Bugyi Jr., 39, of Youngstown-Lockport Road, Ransomville, pleaded guilty to felony DWI and was promised a sentence of no more than one to three years in state prison when he returns before Farkas Feb. 21. Bugyi was arrested May 11 on Youngstown-Lockport Road in Wilson.

Tax evasion leads to prison time

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A Lancaster man was sentenced by Chief U.S. District Judge William M. Skretny to 12 months in prison Friday for tax evasion.

Eric J. Justin, 49, also was ordered to pay $216,295 in restitution to the government.

Assistant U.S. Attorney Russell T. Ippolito, Jr. said Justin used several schemes to avoid paying federal taxes, including redirecting income to his wife, failing to use typical record-keeping or accounting methods and failing to report $98,000 in life insurance proceeds.

The sentencing is the result of an investigation by the Internal Revenue Service.

One pleads guilty, another not guilty in NT painkiller cases

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LOCKPORT – Steven J. Hummel, 20, of Oliver Street, North Tonawanda, pleaded not guilty Thursday in State Supreme Court to a four-count indictment accusing him of selling prescription painkillers.

Hummel is charged with two counts each of fourth-degree criminal sale and fifth-degree possession of a controlled substance. He allegedly sold buprenorphine March 16 and 20 in North Tonawanda.

In another North Tonawanda painkiller case, Daniel P. Schwartz, 32, of Main Street, City of Tonawanda, admitted to seventh-degree criminal possession of a controlled substance for illegally having hydrocodone in North Tonawanda Feb. 24. Niagara County Judge Sara Sheldon Farkas scheduled sentencing for March 21.

Deli operator pleads guilty to food stamp fraud

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A Buffalo deli operator faces up to 20 years in prison and a $250,000 fine when he is sentenced on his guilty plea to food stamp fraud, U.S. Attorney William J. Hochul Jr. reported Friday.

Karem Almadrahi, 35, admitted he and others exchanged food stamp benefits for cash while participating in the operation of Zip’s Food and Beverage at 896 Niagara St., according to Assistant U.S. Attorney Robert C. Moscati.

Almadrahi, Moscati reported, acquired $67,301 through the fraudulent transactions.

As part of the plea agreement, Almadrahi will be required to make full restitution to the U.S. Department of Agriculture.

Almadrahi is scheduled to be sentenced April 17 before U.S. District Judge Richard J. Arcara.

Jamestown couple charged with growing marijuana

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JAMESTOWN – A Jamestown husband and wife are facing criminal charges for marijuana possession and unlawfully growing the plants following a Nov. 30 search by Chautauqua County sheriff’s officials and other police agencies, the Southern Tier Regional Drug Task Force reported Friday.

Kenneth G. Moore Jr., 36, and Sherry M. Moore, 34, both of Kimball Drive, were issued tickets to appear in Gerry Town Court after authorities uncovered 26 harvested marijuana plants and a quantity of packaged marijuana during a consented search as part of an investigation by the Chautauqua County Sheriff’s Office.

Sheriff’s officials were assisted by the task force and the Jamestown Police K-9 unit.

Both were released pending future appearances in court.

Lockport man pleads guilty in drug case

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LOCKPORT – Jermaine R. Webster, 32, of McCue Avenue, Lockport, pleaded guilty Friday in State Supreme Court to selling hydrocodone in Lockport April 23 and 24.

Justice Richard C. Kloch Sr. scheduled sentencing Feb. 26 for Webster, who admitted to a reduced felony charge of attempted fifth-degree criminal sale of a controlled substance.

Ex-Buffalo man indicted for four bank robberies

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A former Buffalo man was indicted by a federal grand jury in connection with four local HSBC Bank robberies in 2011, U.S. Attorney William J. Hochul Jr. reported Friday.

Clifford B. Smith, 32, is accused of holding up the HSBC branches at 3107 Bailey Ave. on Sept. 29, 2011, the 1017 Broadway location on Oct. 21, 2011 and the branch at 973 Main St. on both Oct. 25 and Nov. 8, 2011, according to a statement by Assistant U.S. Attorney Marie P. Grisanti.

Smith made off with roughly a combined $42,000 in all the holdups, Grisanti reported.

A federal grand jury in Buffalo returned a 13-count indictment against Smith charging him with robbery, entry of a bank with intent to commit a larceny, bank larceny and brandishing a firearm during the commission of a violent crime.

If convicted, Smith faces up to 25 years in prison with a seven-year mandatory prison sentence for the firearm charge as well as a $250,000 fine.

The FBI and Buffalo Police participated in the investigation.

Belligerent drug dealer charged by Buffalo police

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A man who refused Buffalo Police orders to leave a West Side McDonald’s restaurant, saying he was “going to stay until he was done selling drugs,” was arrested on numerous charges, Buffalo Police reported Friday.

Eric Gonzalez-Cerino, no age or address listed, was charged with criminal possession of a controlled substance, trespassing, harassment and having a prescription outside of its original container after police were called to the McDonald’s restaurant at 241 W. Ferry St. to investigate a report he was harassing employees and refused to leave.

Gonzalez-Cerino then refused police requests to leave and, according to reports by police, told them he was staying to finish selling his drugs. Besides the pills, Gonzalez-Cerino also allegedly had 10 bags of heroin.

Burglars barge in, make off with ribs and wine

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A Koons Avenue woman told Buffalo Police that burglars kicked in the kitchen door of her home, breaking a lock and the door frame, and stole $50 worth of frozen ribs and three bottles of wine.

The incident occurred sometime between 8:30 and 11:30 a.m. Friday, according to the police report.

Ferry-Fillmore District Police were investigating.

Copper thieves hit East Side Buddhist temple

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A pair of copper thefts – including one at an East Side Buddhist temple – are being investigated by Buffalo Police.

A representative for the temple at 188 Ludington St. told police that sometime between 4 p.m. Thursday and 10 a.m. Friday intruders cut the lock of the gate on the property and caused additional damage attempting to enter the building.

Stripped from the outside of the building were copper pipes, tubes and an electrical panel, police said.

Ferry-Fillmore District Police were investigating.

Thieves broke a basement window to enter a building on Lyth Avenue between midnight Wednesday and 3 p.m. Thursday. The burglars made off with copper piping. The incident resulted in “extensive water damage,” according to police reports.

Northwest District Police were investigating the report.

Driver passes out at Mighty Taco drive-thru

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Erie County sheriff’s road patrols made two DWI arrests early Saturday morning, including one based on a complaint that a driver had passed out in the drive-thru lane of a fast-food restaurant.

Sheriff’s Deputies Bradley Girdler and Jason Clark responded to that complaint at the Mighty Taco drive-thru on Grand Island at about 1 a.m. By the time they reached the scene, the driver had left the area, but the deputies later stopped him as he drove at a high rate of speed, according to police reports.

Joseph F. Kaefer Jr., 45, of Grand Island, was charged with aggravated driving while intoxicated, after a breath test revealed a blood-alcohol level of 0.19 percent, deputies said.

At about 3 a.m., deputies stopped a vehicle for failing to stay in its lane on Route 219 in the Town of Concord. After determining that the driver had a suspended license, Nathan D. Kent, 26, of Great Valley, was charged with DWI, aggravated unlicensed operation, driving with a suspended registration and marijuana possession, according to police reports.

Car lands upright on Metro Rail station wall in spectacular crash

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A spectacular hit-and-run crash early Saturday morning in front of the Delavan/Canisius College Metro Rail Station prompted authorities to close the station for safety and structural reasons, after one car catapulted onto the station.

The vehicle landing perpendicular to the sidewalk, with only one rear wheel on the ground, while the front half was hanging inside the rail station, according to the Transit Authority Police report.

A crane later was used to lift the disabled vehicle off the side wall of the glass dome, after the driver fell from the car’s precarious perch and then fled on foot.

Transit police said that at about 3:30 a.m., a car driven by Roman A. Dunnigan, 33, of Amherst, struck an eastbound vehicle on West Delavan Avenue that had stopped at a red light and was attempting to turn left onto northbound Main Street.

Dunnigan’s car then crashed into the concrete curbing, went airborne and landed upright along the station’s shattered glass wall.

A witness saw a man fall out of that vehicle and run out of the station, police stated. Video footage from the Delavan Station showed the driver running up the escalator and fleeing.

Transit police officers went to Erie County Medical Center and found Dunnigan, who admitted that he was driving the vehicle that landed on the station, authorities said.

Dunnigan was charged with leaving the scene of a personal-injury accident, reckless driving, speeding, failure to keep right and unsafe passing, according to police reports.

Both he and the other driver, Ashley S. McNeal, 22, of Humboldt Parkway, were treated and released from ECMC.

C. Douglas Hartmayer, NFTA public affairs director, said the station, which suffered extensive structural damage, would reopen first thing Sunday morning.

“It will be closed until we can assess the damage and secure the building so it is a safe facility for our customers to use,” Hartmayer said earlier Saturday.

The NFTA is providing bus-shuttle service to and from that station, from both the Humboldt-Hospital and Utica stations, until it reopens, he added.



email: gwarner@buffnews.com

Police investigating armed robbery at gas station

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Northwest District police are investigating an armed robbery of a vehicle at a Riverside-area gas station early Saturday morning.

The victim told patrol officers that two men put a silver handgun in her face before stealing her 1998 Buick Century. The robbery occurred at about 2:15 a.m. Saturday at the Getty gas station at 584 Ontario St., a few blocks southwest of Kenmore Avenue.

The car is green and has a dent on the driver-side back door, according to police reports.

Feds say couple used Amherst hotel in prostitution ring

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Authorities have arrested a man and woman from Rochester on sex-trafficking charges, accusing them of using an Amherst hotel to engage a teenager in prostitution.

Otis Willis, 30, and Tiffany St. Denis, 23, appeared before U.S. Magistrate Judge Marian W. Payson on Friday in Rochester and face a mandatory minimum of 10 years in prison, U.S. Attorney William J. Hochul Jr. said.

The two are being held for a detention hearing on Wednesday.

Willis and St. Denis allegedly convinced the 17-year-old female to engage in prostitution, and that two customers paid to have sex with her and St. Denis at the Red Roof Inn in Amherst, according to Hochul’s office.

The criminal complaint also alleges that the two engaged a 16-year-old girl to take part in prostitution activities and paid her with cocaine. When she expressed her desire to stop, Willis allegedly beat her up.

“Forcing a young person into prostitution through violence has to be one of the most deplorable crimes not only in our country, but across the globe,” Hochul said.

The case was a multi-agency investigation, which included the FBI and Amherst police.

SLA charges Depew bar where driver drank before fatal crash

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The State Liquor Authority has charged the owners of the Depew bar where a Lancaster man was served even after he was falling-down drunk, then got into his vehicle, drove away and fatally struck a teenage bicyclist.

The state is charging the bar with serving a patron who was “visibly intoxicated.” Possible penalties include a fine or revocation of the bar’s liquor license.

The owners of the ForestView Restaurant have pleaded not guilty to the charge, a violation of the state’s Alcohol Beverage Control law, and a hearing before an administrative law judge will be scheduled as soon as next month, according to the authority.

Surveillance video from inside the bar May 3 showed Michael C. Ettipio stumbling to the floor before getting back up and being served another drink.

Ettipio later pleaded guilty to first-degree vehicular manslaughter for driving drunk in the death of 14-year-old Bryce Buchholz. He was sentenced in September to 1 to 3 years in prison.

State Supreme Court Justice John L. Michalski, in handing down Ettipio’s sentence, lamented that criminal charges couldn’t be filed against the bar employees who continued to serve Ettipio and were “equally responsible” for Bryce’s death.

An attorney said the Buchholz family was pleased with the SLA decision to go after the bar owners.

“We’re happy to hear that the State Liquor Authority is doing what we had hoped would be done,” said Christopher J. O’Brien, the attorney representing Bryce’s parents in civil suits filed against the bar and Ettipio.

Authority documents list George A. Peppes as the licensee, but Donald G. Powell, the attorney representing ForestView on the ABC charge, said Peppes is just one member of the entity that holds the license, ForestView Restaurant LLC. Powell did not identity the other members of ForestView.

In a case separate from the Liquor Authority filing, William and Linda Buchholz are seeking $254 million in punitive and compensatory damages against the owners of ForestView and $6 million in damages against Ettipio, O’Brien told The News. They plan to put any award for punitive damages into a foundation in Bryce’s name.

The lawyer representing ForestView in the civil suit declined to comment, while the lawyer representing Ettipio noted his client has taken responsibility for his actions.

“He’s been contrite throughout this whole thing, and I certainly believe it’s genuine,” said Scott Orndoff, Ettipio’s attorney.

Ettipio spent hours drinking with co-workers and friends at the ForestView Restaurant in the late afternoon of May 3, prosecutors said.

Video recorded inside and outside the bar showed Ettipio in an apparent drunken state, and prosecutor Bethany A. Solek pointed out at Ettipio’s sentencing that he initially walked off in the wrong direction before his friends pointed him toward his SUV.

Ettipio smashed into Bryce as the teen rode his bicycle on Lake Avenue in Lancaster, killing him instantly. Authorities say Ettipio registered a 0.24 blood alcohol level – three times the legal limit for a driver.

An administrative law judge will preside at a hearing on the charge and present his or her findings to the authority’s board, which will decide on any penalties, said William J. Crowley, an authority spokesman.

The bar’s owners paid a $4,500 fine after they were charged in November 2010 with sale of alcohol to a minor, according to authority records.

The bar’s owners pleaded not guilty to the charge Oct. 31. Powell declined to comment further.

William Buchholz declined to comment on the authority’s action, but he said he and his ex-wife have sued the bar and Ettipio “to make a statement that this activity can’t continue.”

“Neither one is solely responsible, but together they both are,” he said.

O’Brien, the Buchholzes’ attorney, said his clients are seeking $250 million in punitive damages from ForestView and $4 million in compensatory damages, and $2 million in punitive damages and $4 million in compensatory damages from Ettipio.

O’Brien said he can’t ask for the bar to be shut down but could still get some justice. “I have the ability to try to make sure that Bryce’s death was not in vain,” he said,

The attorney representing ForestView in the civil suit, Patrick Kenney, declined to comment on the suit, while Orndoff emphasized that Ettipio has “very limited assets” and deemed the amount of damages sought as “arbitrary.”

William Buchholz said he and his ex-wife hope to use an award to establish scholarships in Bryce’s name, perhaps, or to build more areas where children can play and ride bikes and skateboards.

The Buchholzes, with a group of community volunteers, have raised $110,000 toward a skate park in Lancaster and are working with local officials to select a location.

email: swatson@buffnews.com

Food stamp fraud to cost man $250,000, prison time

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A Buffalo deli operator faces up to 20 years in prison and a $250,000 fine when he is sentenced on his guilty plea to food stamp fraud, U.S. Attorney William J. Hochul Jr. reported.

Karem Almadrahi, 35, admitted he and others exchanged food stamp benefits for cash while participating in the operation of Zip’s Food and Beverage at 896 Niagara St., according to Assistant U.S. Attorney Robert C. Moscati.

Almadrahi, Moscati reported, acquired $67,301 through the fraudulent transactions.

As part of the plea agreement, Almadrahi will be required to make full restitution to the U.S. Department of Agriculture.

Almadrahi is scheduled to be sentenced April 17 before U.S. District Judge Richard J. Arcara.

Two arrested in separate DWI incidents

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A man and woman were arrested in separate alleged driving-while-intoxicated incidents on Grand Island and on Buffalo’s East Side, the Erie County Sheriff’s Office reported today.

Charles D. Moore-Seymore, 25, of Buffalo was arrested after Deputies Brad Girdler and Jason Clark spotted him driving in an erratic manner on Grand Island Boulevard near Staley Road about 7:35 p.m. Saturday. Deputies said the motorist’s blood alcohol content was measured at .26 percent, more than three times higher than the legal limit. He was charged with DWI and several traffic infractions.

At 3 a.m. today, Deputies Simon Biegasiewicz and Michael Okal arrested Sasiya M. Davis, 35, of Buffalo, after she was spotted driving erratically on Peckham Street near Fillmore Avenue. She was charged with DWI, several traffic infractions and driving with a suspended registration.

Police said Davis refused to take a breath test to determine her blood alcohol content.

Tonawanda man, 22, charged in stabbing death

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A 22-year-old man who was described by close friends as badly in need of mental health treatment was arrested early Sunday in connection with the stabbing death of a woman in the Sheridan-Parkside housing development in the Town of Tonawanda.

Town police said Edmund M. Serwinowski, a town resident, was arrested after a 34-year-old woman was stabbed to death in her apartment on Blackmore Street at about 4:30 a.m.

Serwinowski is charged with second-degree murder, said police, who still had not released the victim’s name as of 6 p.m. Sunday. The victim lived in a disheveled, white row house in a neighborhood of poor and working-poor families. A festive Christmas wreath hangs on the door of the homicide scene.

While police released few details about the crime, neighbors said the victim was a girlfriend of Serwinowski’s, and they said she had a young son, believed to be about 10 years old, from another relationship.

According to four neighbors who were close friends of Serwinowski’s, the alleged killer has had trouble for years with drugs and criminal activity, but all four said they have never known him to be violent.

Serwinowski has bounced from home to home in recent years, neighbors said, and has spent much of the past 18 months living in Sheridan-Parkside with a family friend, Hazel Masten, 43.

In recent weeks, Serwinowski has been depressed and at times has made suicidal remarks, stating that he was going to kill himself and “take other people with him,” a shaken Masten told The Buffalo News.

“One of his girlfriends is a young woman in Kenmore who is going to have his baby any day now,” Masten said. “She told me [Sunday] that she and the Tonawanda police have tried to get him admitted into mental hospitals for the past two weeks. She told me no hospital would admit him.”

Standing outside her apartment near the crime scene, Masten told a reporter that she talked with Serwinowski last week about his efforts to get admitted into a mental health facility.

“He’s been really messed up lately because of all the drugs he has been taking,” Masten said. “The other day, he walked into my home, and I said, ‘Why aren’t you in the hospital?’ He said, ‘We went to the hospital, and they told me I was too calm for them to admit me, so they sent me home.’ ”

Masten said that, in her view, Sunday morning’s tragedy would not have happened if Serwinowski had been admitted to a mental hospital.

Neighbor Matthew McMullen, 22, who grew up with Serwinowski and once got arrested with him for use of a stolen credit card, said Serwinowski needed help and apparently didn’t get it.

“I’ve known him since we were 9 years old,” said McMullen. “Eddie has been dealing with a lot of problems lately. … He was going through a depression. I have heard he was talking about suicide.”

McMullen said he attended Hoover Middle School and Kenmore West High School with Serwinowski. He said he never knew his friend to be violent and didn’t know what made him “snap.”

“Why does a teacher’s son go into an elementary school [in Connecticut] and kill a bunch of little kids? Why does a guy suddenly think he’s the Joker and go into a movie theater and start shooting people?” McMullen said. “I don’t know what makes people snap.”

Similar descriptions of Serwinowski came from two other neighbors and close friends – Kelly Rosenberger, 44, and Jessie Guize, 16 – as they stood outside in nearly 60-degree weather and talked about the tragedy.

“My husband said our dogs started going crazy about 3:30 in the morning, but I didn’t hear anything,” said Rosenberger, who lives two doors from the homicide scene. “I got up about 5:30, and there were police cars and yellow police tape everywhere.”

“I guarantee you that half of the people in these projects either knew Eddie, had him in their house, or had him watch their kids over the years,” said Guize, who wiped away tears as she spoke.

Police arrested Serwinowski near the cime scene shortly after they were called to the residence, Lt. Paul Yakono said. He said he did not know whether Serwinowski had mental health problems, adding that police will probably release more details today.

“It looks like they had an argument, and he killed her,” said James F. Bargnesi, chief of the Homicide Bureau of the Erie County District Attorney’s Office. Bargnesi spoke briefly with a reporter after conferring with detectives at the Tonawanda police station.

The knife allegedly used in the homicide was recovered near the slaying scene, authorities said, but the specific location was not disclosed.

Police declined to discuss what led to the slaying and released no information about the victim.

None of the neighbors who spoke to The News knew the victim’s name. They said she had lived in the neighborhood for several months. Neighbors said the woman had a son, about 10 years old, who was apparently in the apartment when his mother was killed.

“People are saying she was carried out on a stretcher, and they saw police officers carrying the boy out of the apartment with a blanket over his face, so he couldn’t see his mother’s body,” Masten said.

The young woman who is pregnant with Serwinowski’s baby declined by telephone to talk to The News.

Blackmore Street is close to the intersection of Ensminger Road and Sheridan Parkside Drive, not far from the Parkside Community Center, Sheridan Park golf course, St. Timothy Catholic Church and the Tonawanda Senior Citizens Center. A police substation is located inside the Parkside Community Center.

The neighborhood has had some serious problems with drugs and other issues, said several neighbors close to Serwinowski and his family.

McMullen noted that his cousin, Michael Santiago, 25, was killed in August 2009 on Burns Court, a few blocks from the scene of Sunday’s homicide. Police said Jose LaTorre, 19, shot Santiago during an argument and was convicted of manslaughter. He was sentenced to 25 years in prison in 2010.

“There are a lot of drugs in this neighborhood, but you don’t see a lot of violent crime, The police cruise through here constantly,” Masten said. “There are a few bad apples here, but a lot of good, hard-working people. I’d call them the working poor.”

Neighbors said that, as far as they knew, Serwinowski was unemployed.

email: dherbeck@buffnews.com
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