A 29-year-old Aldrich Place man was charged with third degree assault and harassment for allegedly throwing a television tube at a neighbor woman during an argument early Monday. Christopher Hurysz was arrested for allegedly injuring the woman’s left shoulder by throwing the television tube at her during an argument in his flat.
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Woman injured during argument
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Amherst man gets his guns back
David A. Lewis emerged Monday afternoon from Amherst Police Headquarters, satisfied to have the police return his guns but deeply dissatisfied about being incorrectly labeled as having mental health issues that required a judge to take away his guns under the state’s new gun-control law.
Lewis, 35, a college librarian from Amherst who is a target shooter, surrendered his seven handguns April 5 after receiving a letter from Erie County Clerk Christopher L. Jacobs informing him his pistol permit had been suspended based on a provision of the NY SAFE Act called a 9.46 action. He was ordered to immediately turn over his firearms to the Amherst police.
“I feel pretty invaded. I was treated like a criminal would have been treated. I’m afraid of the label that is going to be put on me now as someone who is taking medications,” Lewis said of the anti-anxiety medicine that was once prescribed to help overcome a fear of going to the doctor’s office.
And while Lewis stood in front of the police station holding a cardboard box with his returned guns, State Police Superintendent Joseph D’Amico was finishing up a special trip to Buffalo from Albany to defend his agency’s handling of the case.
“We do not have the power to revoke, suspend or recommend the removal of gun licenses. In a letter to the county clerk, we say you may have an individual with a license who matches a 9.46 action and you need to do your due diligence,” D’Amico said in referring to the section of the NY SAFE Act allowing for the seizure of guns.
Due diligence, he said, means the county clerk is required to carry out an investigation to determine if an individual is a threat to himself or others and should be denied access to guns under the law’s mental health provisions.
The superintendent flatly denied claims that have been circulated that his agency runs a secret unit that seeks to circumvent federal privacy law governing medical records in order to identify mentally ill people and remove their guns. Officials at the state’s Division of Criminal Justice Services, which receives reports flagging people who may be a danger, also denied operating any such unit, calling the claim “ridiculous.”
The reports on individuals of concern from mental health professionals are sometimes very limited, D’Amico said in explaining how David Lewis, of Amherst, had been incorrectly cited as someone who might not be stable enough to possess guns.
When state police received only a name and approximate age, D’Amico said, his staff checked handgun permits statewide and found two men of about the same age and same name of David Lewis. The state police then contacted the Erie County clerk and another county clerk elsewhere in the state where those people lived.
The outcome was not good for either “David Lewis.” Both had their licenses suspended and guns temporarily removed, though it was eventually determined neither had mental health issues.
“We are getting hundreds of these 9.46 reports a day. The end process is we have forwarded only 30 to county clerks in the last month since this started,” D’Amico said.
And while he says that the responsibility to investigate whether an individual is truly a threat and should not have access to firearms rests with county clerks, the superintendent said his staff is working with local officials to make sure that the mental health professionals filing the reports include more complete information.
The forms from local county mental health commissioners reporting individuals are sent to the criminal-justice division and then forwarded to the State Police, D’Amico said. He added they do not include any information on the individuals’ medical records.
So how did it become public that David Lewis of Amherst once took anti-anxiety medication?
D’Amico blames Lewis’ attorney.
But Hamburg Attorney James Tresmond says he did not release that information.
Tresmond and his son Maximillian, a law clerk in the family law firm, allege the state has sent out subpoenas requesting medical records from area psychiatrists to try to identify other gun owners who should have their firearms removed. State officials deny this.
The older Tresmond says that in the next two weeks he will file a lawsuit in federal court claiming Lewis’ rights to own property, his guns, and his due process were denied.
email: lmichel@buffnews.com
Lewis, 35, a college librarian from Amherst who is a target shooter, surrendered his seven handguns April 5 after receiving a letter from Erie County Clerk Christopher L. Jacobs informing him his pistol permit had been suspended based on a provision of the NY SAFE Act called a 9.46 action. He was ordered to immediately turn over his firearms to the Amherst police.
“I feel pretty invaded. I was treated like a criminal would have been treated. I’m afraid of the label that is going to be put on me now as someone who is taking medications,” Lewis said of the anti-anxiety medicine that was once prescribed to help overcome a fear of going to the doctor’s office.
And while Lewis stood in front of the police station holding a cardboard box with his returned guns, State Police Superintendent Joseph D’Amico was finishing up a special trip to Buffalo from Albany to defend his agency’s handling of the case.
“We do not have the power to revoke, suspend or recommend the removal of gun licenses. In a letter to the county clerk, we say you may have an individual with a license who matches a 9.46 action and you need to do your due diligence,” D’Amico said in referring to the section of the NY SAFE Act allowing for the seizure of guns.
Due diligence, he said, means the county clerk is required to carry out an investigation to determine if an individual is a threat to himself or others and should be denied access to guns under the law’s mental health provisions.
The superintendent flatly denied claims that have been circulated that his agency runs a secret unit that seeks to circumvent federal privacy law governing medical records in order to identify mentally ill people and remove their guns. Officials at the state’s Division of Criminal Justice Services, which receives reports flagging people who may be a danger, also denied operating any such unit, calling the claim “ridiculous.”
The reports on individuals of concern from mental health professionals are sometimes very limited, D’Amico said in explaining how David Lewis, of Amherst, had been incorrectly cited as someone who might not be stable enough to possess guns.
When state police received only a name and approximate age, D’Amico said, his staff checked handgun permits statewide and found two men of about the same age and same name of David Lewis. The state police then contacted the Erie County clerk and another county clerk elsewhere in the state where those people lived.
The outcome was not good for either “David Lewis.” Both had their licenses suspended and guns temporarily removed, though it was eventually determined neither had mental health issues.
“We are getting hundreds of these 9.46 reports a day. The end process is we have forwarded only 30 to county clerks in the last month since this started,” D’Amico said.
And while he says that the responsibility to investigate whether an individual is truly a threat and should not have access to firearms rests with county clerks, the superintendent said his staff is working with local officials to make sure that the mental health professionals filing the reports include more complete information.
The forms from local county mental health commissioners reporting individuals are sent to the criminal-justice division and then forwarded to the State Police, D’Amico said. He added they do not include any information on the individuals’ medical records.
So how did it become public that David Lewis of Amherst once took anti-anxiety medication?
D’Amico blames Lewis’ attorney.
But Hamburg Attorney James Tresmond says he did not release that information.
Tresmond and his son Maximillian, a law clerk in the family law firm, allege the state has sent out subpoenas requesting medical records from area psychiatrists to try to identify other gun owners who should have their firearms removed. State officials deny this.
The older Tresmond says that in the next two weeks he will file a lawsuit in federal court claiming Lewis’ rights to own property, his guns, and his due process were denied.
email: lmichel@buffnews.com
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Man sentenced for burglaries, attacks near Buffalo State
A Buffalo man was sentenced to 10 years in prison today for sexually assaulting two SUNY Buffalo State students after breaking into their residences.
Kahlil Peoples, of Woodlawn Avenue, pleaded guilty in December to two counts of first-degree sexual abuse and two counts of second-degree burglary.
Erie County Judge Kenneth F. Case referred to Monday’s Boston Marathon bombing as he sentenced Peoples.
“Isn’t there enough hurt in the world that we don’t need people like you inflicting more?” Case said. “What happened to empathy and sympathy? What happened to decency?”
The 30-year-old Buffalo man committed the first offense on Nov. 17, 2010, and the second on Feb. 18 of last year.
During a 10-month investigation, prosecutors, police and forensic experts linked Peoples to the crimes after his July 19 arrest for “peeping” into the window of a residence in the Canisius College neighborhood, according to the Erie County District Attorney’s Office.
Assistant District Attorney Lynette Reda of the Special Victims Bureau said the father of one of the victims had intended to address the court during the sentencing but changed his mind.
The attack “devastated his daughter’s life and she will never be the same,” Reda said in court, repeating what the father had told prosecutors.
Reda credited the Erie County Sheriff’s Office, the Buffalo Police Department’s sex offense squad, Canisius College campus police and the Central Police Services Laboratory for their work.
Peoples had faced up to 37 years in state prison for his crimes, but Case previously agreed to cap the sentence at 10 years to secure a plea and spare the victims from having to testify at a trial.
“Frankly, under the circumstances, I think you deserve more,” Case told Peoples.
“I stand before you a broken man,” Peoples told the judge as he apologized to the victims and their families. “I don’t know if the damage can ever be undone. I’m just very sorry for what’s happened.”
Defense attorney Andrew C. LoTempio asked the judge to impose a sentence of seven or eight years.
LoTempio called Peoples something of an enigma.
Peoples is smart and was gainfully employed with a family, LoTempio said.
He started breaking into unoccupied houses around Buffalo State without intending to hurt anybody physically because he needed money, LoTempio said.
But as his financial problems escalated, Peoples grew more daring, targeting residences where drunken college students had left doors unlocked after they returned home.
Peoples is embarrassed by what he did and remorseful for the trauma he caused his victims, LoTempio said.
“I don’t really believe it was sexually motivated,” he said of his client’s crimes.
email: plakamp@buffnews.com
Kahlil Peoples, of Woodlawn Avenue, pleaded guilty in December to two counts of first-degree sexual abuse and two counts of second-degree burglary.
Erie County Judge Kenneth F. Case referred to Monday’s Boston Marathon bombing as he sentenced Peoples.
“Isn’t there enough hurt in the world that we don’t need people like you inflicting more?” Case said. “What happened to empathy and sympathy? What happened to decency?”
The 30-year-old Buffalo man committed the first offense on Nov. 17, 2010, and the second on Feb. 18 of last year.
During a 10-month investigation, prosecutors, police and forensic experts linked Peoples to the crimes after his July 19 arrest for “peeping” into the window of a residence in the Canisius College neighborhood, according to the Erie County District Attorney’s Office.
Assistant District Attorney Lynette Reda of the Special Victims Bureau said the father of one of the victims had intended to address the court during the sentencing but changed his mind.
The attack “devastated his daughter’s life and she will never be the same,” Reda said in court, repeating what the father had told prosecutors.
Reda credited the Erie County Sheriff’s Office, the Buffalo Police Department’s sex offense squad, Canisius College campus police and the Central Police Services Laboratory for their work.
Peoples had faced up to 37 years in state prison for his crimes, but Case previously agreed to cap the sentence at 10 years to secure a plea and spare the victims from having to testify at a trial.
“Frankly, under the circumstances, I think you deserve more,” Case told Peoples.
“I stand before you a broken man,” Peoples told the judge as he apologized to the victims and their families. “I don’t know if the damage can ever be undone. I’m just very sorry for what’s happened.”
Defense attorney Andrew C. LoTempio asked the judge to impose a sentence of seven or eight years.
LoTempio called Peoples something of an enigma.
Peoples is smart and was gainfully employed with a family, LoTempio said.
He started breaking into unoccupied houses around Buffalo State without intending to hurt anybody physically because he needed money, LoTempio said.
But as his financial problems escalated, Peoples grew more daring, targeting residences where drunken college students had left doors unlocked after they returned home.
Peoples is embarrassed by what he did and remorseful for the trauma he caused his victims, LoTempio said.
“I don’t really believe it was sexually motivated,” he said of his client’s crimes.
email: plakamp@buffnews.com
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Falls man pleads guilty in slaying of uncle
LOCKPORT – A Niagara Falls man who gunned down his uncle after a family spat accepted a plea offer Tuesday in Niagara County Court.
Darius M. Belton, 18, admitted to first-degree manslaughter and is to be sentenced to 17 years in prison, plus five years of post-release supervision. Niagara County Judge Sara Sheldon Farkas will make it official June 27.
Belton was to have gone to trial Wednesday on charges of second-degree murder and second-degree criminal possession of a weapon in connection with the Sept. 25 slaying of Luis Ubiles, 37, outside Belton’s home on South Avenue in Niagara Falls.
Ubiles, who lived next door, was the older brother of Belton’s father.
Deputy District Attorney Doreen M. Hoffmann said Belton is believed to have had an unregistered handgun in his possession, which he pulled and fired.
A subdued Belton, answering questions from Farkas, said he was an 11th-grade dropout who had undergone psychiatric treatment, including medications, before the age of 15 for an ailment whose name he couldn’t recall. He said he quit school because “school wasn’t working.”
“I was involved in the wrong thing … everything but school,” he said.
Defense attorney Angelo Musitano had hinted he would use a self-defense argument at the trial, contending that Ubiles was advancing toward Belton when he was shot.
But a ruling by Farkas Friday left Belton with little defense to the gun possession charge, even if he had been acquitted of murder or manslaughter.
New York State law says gun possession is not illegal within one’s home or place of business.
But the judge ruled that even though Belton was standing on his front porch when he fired the fatal shot, as far as she was concerned, a porch or stoop is not part of a home. She was planning to tell the jury that in her charge at the conclusion of the trial.
Thus, Belton faced a potential 15-year sentence on the gun charge regardless of the jury’s views on the homicide.
“If the jury decides it was outside the house, then we’ve got a problem,” said Musitano, who came to the District Attorney’s Office Monday to make a deal.
He said another factor in his thinking was Belton’s potential exposure to a sentence of 40 years to life if he was convicted of murder.
Hoffmann said in court that she had made a previous plea offer to first-degree manslaughter with a 20-year sentence.
“[Monday], we met with the court and from that meeting, we got [the notion] that the court would consider something like 17 or 18 years,” Hoffmann said.
Farkas said, “The people were offering 15 years, and the court said that wasn’t enough. Isn’t that what happened?” Hoffmann confirmed the judge’s version. “The family [of Ubiles] also indicated they did not like that number, either,” the prosecutor added.
“No matter how much time they give my nephew, it’ll never end,” said a tearful Anita Rodgers, Ubiles’ sister. She was wearing a T-shirt emblazoned with her brother’s photo and his nickname, “Street.”
‘[Belton] took responsibility for his actions. I hope someday I can find it in my heart to forgive him,” Rodgers sobbed. She indicated that hasn’t happened yet. Rodgers also said she left the scene shortly before the slaying.
“If I had stayed another 45 minutes, I could have prevented this,” she said.
email: tprohaska@buffnews.com
Darius M. Belton, 18, admitted to first-degree manslaughter and is to be sentenced to 17 years in prison, plus five years of post-release supervision. Niagara County Judge Sara Sheldon Farkas will make it official June 27.
Belton was to have gone to trial Wednesday on charges of second-degree murder and second-degree criminal possession of a weapon in connection with the Sept. 25 slaying of Luis Ubiles, 37, outside Belton’s home on South Avenue in Niagara Falls.
Ubiles, who lived next door, was the older brother of Belton’s father.
Deputy District Attorney Doreen M. Hoffmann said Belton is believed to have had an unregistered handgun in his possession, which he pulled and fired.
A subdued Belton, answering questions from Farkas, said he was an 11th-grade dropout who had undergone psychiatric treatment, including medications, before the age of 15 for an ailment whose name he couldn’t recall. He said he quit school because “school wasn’t working.”
“I was involved in the wrong thing … everything but school,” he said.
Defense attorney Angelo Musitano had hinted he would use a self-defense argument at the trial, contending that Ubiles was advancing toward Belton when he was shot.
But a ruling by Farkas Friday left Belton with little defense to the gun possession charge, even if he had been acquitted of murder or manslaughter.
New York State law says gun possession is not illegal within one’s home or place of business.
But the judge ruled that even though Belton was standing on his front porch when he fired the fatal shot, as far as she was concerned, a porch or stoop is not part of a home. She was planning to tell the jury that in her charge at the conclusion of the trial.
Thus, Belton faced a potential 15-year sentence on the gun charge regardless of the jury’s views on the homicide.
“If the jury decides it was outside the house, then we’ve got a problem,” said Musitano, who came to the District Attorney’s Office Monday to make a deal.
He said another factor in his thinking was Belton’s potential exposure to a sentence of 40 years to life if he was convicted of murder.
Hoffmann said in court that she had made a previous plea offer to first-degree manslaughter with a 20-year sentence.
“[Monday], we met with the court and from that meeting, we got [the notion] that the court would consider something like 17 or 18 years,” Hoffmann said.
Farkas said, “The people were offering 15 years, and the court said that wasn’t enough. Isn’t that what happened?” Hoffmann confirmed the judge’s version. “The family [of Ubiles] also indicated they did not like that number, either,” the prosecutor added.
“No matter how much time they give my nephew, it’ll never end,” said a tearful Anita Rodgers, Ubiles’ sister. She was wearing a T-shirt emblazoned with her brother’s photo and his nickname, “Street.”
‘[Belton] took responsibility for his actions. I hope someday I can find it in my heart to forgive him,” Rodgers sobbed. She indicated that hasn’t happened yet. Rodgers also said she left the scene shortly before the slaying.
“If I had stayed another 45 minutes, I could have prevented this,” she said.
email: tprohaska@buffnews.com
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Stray bullet found in front of a Starpoint elementary school
PENDLETON – Starpoint schools were searched by the Niagara County sheriff department and the school was put in “lockout” mode, closing all doors to the public, after a bullet was found in front of the elementary school and a bullet casing was later turned in by a student in the middle school this morning. The two findings do not appear to be related, according to Superintendent C. Douglas Whelan.
Whelan said the .22 caliber bullet was found by a parent near the flagpole at the school on Mapleton Road just before 10 a.m. today in front of the Fricano Elementary, a building for students in kindergarten through fifth grade.
“We contacted the sheriff’s department and decided to do a lockout for Fricano and Regan Middle school [since the buildings are connected.] Our buildings and grounds people did a complete search outside and found nothing, but decided to do the lockout and shelter in place, where students remained where they were in classrooms, and then brought in the sheriff department with police dogs to canvas lockers and hallways in both the elementary and middle school,” Whelan said.
He said while the search was ongoing a middle school student went to the principal and said a friend had a bullet casing, a shell, and heard that we were inspecting, so he hid the shell in the bleachers of the middle school gym.
Whelan said the shell was retrieved and the search and lockout was expanded to the entire campus.
He said the search and lockout ended at about 1:30 p.m. and nothing was found in the school.
“It’s a very serious situation and we wanted to put in place the procedures to make sure everybody was safe,” Whelan said. “We are glad that nothing else was found.”
He said a letter went home with all the students to inform their parents about what happened and Whelan said some parents, who were texted by children, also spoke to school staff.
Whelan said the investigation is expected to continue, but said the Niagara County Sheriff Department believes the school did everything necessary. Whelan said the sheriff’s office did not believe that the bullet found in front of the elementary school and the casing taken to the office were related.
“I’m grateful that the people in the building took immediate action to search everything and make sure everything is safe,” Whelan said.
Whelan said the .22 caliber bullet was found by a parent near the flagpole at the school on Mapleton Road just before 10 a.m. today in front of the Fricano Elementary, a building for students in kindergarten through fifth grade.
“We contacted the sheriff’s department and decided to do a lockout for Fricano and Regan Middle school [since the buildings are connected.] Our buildings and grounds people did a complete search outside and found nothing, but decided to do the lockout and shelter in place, where students remained where they were in classrooms, and then brought in the sheriff department with police dogs to canvas lockers and hallways in both the elementary and middle school,” Whelan said.
He said while the search was ongoing a middle school student went to the principal and said a friend had a bullet casing, a shell, and heard that we were inspecting, so he hid the shell in the bleachers of the middle school gym.
Whelan said the shell was retrieved and the search and lockout was expanded to the entire campus.
He said the search and lockout ended at about 1:30 p.m. and nothing was found in the school.
“It’s a very serious situation and we wanted to put in place the procedures to make sure everybody was safe,” Whelan said. “We are glad that nothing else was found.”
He said a letter went home with all the students to inform their parents about what happened and Whelan said some parents, who were texted by children, also spoke to school staff.
Whelan said the investigation is expected to continue, but said the Niagara County Sheriff Department believes the school did everything necessary. Whelan said the sheriff’s office did not believe that the bullet found in front of the elementary school and the casing taken to the office were related.
“I’m grateful that the people in the building took immediate action to search everything and make sure everything is safe,” Whelan said.
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Falls man pleads guilty in mugging
LOCKPORT – A Niagara Falls man admitted Tuesday in Niagara County Court that he took part in the mugging of a man July 15 near a Coastal gas station on 19th Street in Niagara Falls.
Raco N. Black, 45, of Whitney Avenue, pleaded guilty to a reduced charge of attempted second-degree robbery and was scheduled for sentencing June 18 by Judge Matthew J. Murphy III.
Charges are pending against a co-defendant, Carl R. Adams, 43, of Niagara Street. But Black told Murphy that the victim was robbed of $60 by a third man, whom he knew only as “Fathead,” after Black pushed the victim.
Deputy District Attorney Doreen M. Hoffmann said “Fathead” has not been identified.
Raco N. Black, 45, of Whitney Avenue, pleaded guilty to a reduced charge of attempted second-degree robbery and was scheduled for sentencing June 18 by Judge Matthew J. Murphy III.
Charges are pending against a co-defendant, Carl R. Adams, 43, of Niagara Street. But Black told Murphy that the victim was robbed of $60 by a third man, whom he knew only as “Fathead,” after Black pushed the victim.
Deputy District Attorney Doreen M. Hoffmann said “Fathead” has not been identified.
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Lockport man imprisoned for equipment theft
LOCKPORT – Michael D. Maacks, 26, of Dysinger Road, Lockport, was sentenced Tuesday to two to four years in state prison for his role in the theft of $10,000 worth of equipment from a Lockport business.
Maacks pleaded guilty to fourth-degree grand larceny and fourth-degree criminal possession of stolen property for the April 16, 2012, theft at Custom Crews on Old Niagara Road. Maacks and Shane R. Pearce, 24, of Walnut Street, Lockport, cut a hole in the fence, removed the equipment and various pieces of metal and sold it for scrap.
Pearce pleaded guilty last October and was assigned to a court-supervised drug treatment program. However, Maacks never failed a drug test when he was on parole for a previous stolen property conviction and was told at a counseling center that he didn’t need drug treatment, Niagara County Judge Matthew J. Murphy III said.
Maacks will have to pay half of the $10,000 restitution tab after he serves his prison time, Murphy ordered. Defense attorney Michael D’Amico said the Erie County District Attorney’s Office told him burglary charges against Maacks in Amherst will be dropped as the result of his Niagara County plea.
Maacks pleaded guilty to fourth-degree grand larceny and fourth-degree criminal possession of stolen property for the April 16, 2012, theft at Custom Crews on Old Niagara Road. Maacks and Shane R. Pearce, 24, of Walnut Street, Lockport, cut a hole in the fence, removed the equipment and various pieces of metal and sold it for scrap.
Pearce pleaded guilty last October and was assigned to a court-supervised drug treatment program. However, Maacks never failed a drug test when he was on parole for a previous stolen property conviction and was told at a counseling center that he didn’t need drug treatment, Niagara County Judge Matthew J. Murphy III said.
Maacks will have to pay half of the $10,000 restitution tab after he serves his prison time, Murphy ordered. Defense attorney Michael D’Amico said the Erie County District Attorney’s Office told him burglary charges against Maacks in Amherst will be dropped as the result of his Niagara County plea.
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Tuscarora man denies pot, weapons charges
LOCKPORT – A Tuscarora Indian Reservation resident who has been to state prison twice before pleaded not guilty Wednesday in Niagara County Court to a new indictment charging him with illegal possession of marijuana and firearms.
Joshua J. Rickard, 31, of Upper Mountain Road, was ordered held by County Judge Matthew J. Murphy III in lieu of $10,000 bail after his arraignment on charges of second-degree criminal possession of marijuana and three counts of fourth-degree criminal possession of a weapon.
Assistant District Attorney Peter M. Wydysh said Rickard’s home was raided by police Nov. 20. They allegedly found 18 ounces of pot, two rifles and a shotgun. Rickard, because of his previous felony convictions, is not allowed to have firearms.
Rickard went to prison in 1999 and served two years for burglary and escape. His arrest followed an eight-day manhunt on the reservation in July 1998 after he got away from two sheriff’s investigators. He served another five years after being convicted in 2003 of burglary and possession of stolen property.
Joshua J. Rickard, 31, of Upper Mountain Road, was ordered held by County Judge Matthew J. Murphy III in lieu of $10,000 bail after his arraignment on charges of second-degree criminal possession of marijuana and three counts of fourth-degree criminal possession of a weapon.
Assistant District Attorney Peter M. Wydysh said Rickard’s home was raided by police Nov. 20. They allegedly found 18 ounces of pot, two rifles and a shotgun. Rickard, because of his previous felony convictions, is not allowed to have firearms.
Rickard went to prison in 1999 and served two years for burglary and escape. His arrest followed an eight-day manhunt on the reservation in July 1998 after he got away from two sheriff’s investigators. He served another five years after being convicted in 2003 of burglary and possession of stolen property.
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Guilty plea in armed holdup at Falls 7-Eleven
LOCKPORT – A Town of Niagara man faces up to seven years in prison after pleading guilty Tuesday to the June 30 robbery of a 7-Eleven store on Hyde Park Boulevard in Niagara Falls.
James A. Connell, 36, of Bellreng Drive, admitted to a reduced charge of attempted first-degree robbery. County Judge Matthew J. Murphy III promised a seven-year limit on sentencing when Connell returns to court June 18; the legal maximum for the charge is 15 years.
Assistant District Attorney Claudette S. Caldwell said Connell was armed with a knife when he stole $55 from a store clerk about 1:45 a.m. Connell is a second-time violent felon, having avoided jail time in the 2010 theft of a shotgun and a marijuana “bong” from a Niagara Falls man. In October 2011, Murphy sentenced Connell to 20 days in the county work program, concluding there was little evidence Connell was armed at the time of that theft.
James A. Connell, 36, of Bellreng Drive, admitted to a reduced charge of attempted first-degree robbery. County Judge Matthew J. Murphy III promised a seven-year limit on sentencing when Connell returns to court June 18; the legal maximum for the charge is 15 years.
Assistant District Attorney Claudette S. Caldwell said Connell was armed with a knife when he stole $55 from a store clerk about 1:45 a.m. Connell is a second-time violent felon, having avoided jail time in the 2010 theft of a shotgun and a marijuana “bong” from a Niagara Falls man. In October 2011, Murphy sentenced Connell to 20 days in the county work program, concluding there was little evidence Connell was armed at the time of that theft.
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Father of three pleads guilty to robbery, burglary
LOCKPORT – A married father of three daughters admitted Tuesday in Niagara County Court that he burglarized his in-laws’ home and robbed a man in a car, climaxing five years of addiction to painkillers.
“It’s time to change for my family,” Thomas V. Fusco said as he pleaded guilty to two felonies and was admitted to the judicial diversion program of court-supervised drug treatment by County Judge Matthew J. Murphy III.
Fusco, 30, of Garden Street, Lockport, pleaded guilty to third-degree burglary and attempted third-degree robbery. If he fails in diversion, he could be sentenced to as long as 11 years in prison. But if treatment is successful, the charges will be reduced to a misdemeanor with a probation sentence.
Fusco stole $3,000 in cash and did about $800 in damage to a home on Parkwood Lane in the Town of Lockport between Oct. 4 and 8. He must pay $3,800 in restitution to his in-laws.
He also robbed a Lockport man of cash after he and two others picked up the man in a car on Wheatfield-Pendleton Town Line Road near Mapleton Road in the night of Oct. 24.
“It’s time to change for my family,” Thomas V. Fusco said as he pleaded guilty to two felonies and was admitted to the judicial diversion program of court-supervised drug treatment by County Judge Matthew J. Murphy III.
Fusco, 30, of Garden Street, Lockport, pleaded guilty to third-degree burglary and attempted third-degree robbery. If he fails in diversion, he could be sentenced to as long as 11 years in prison. But if treatment is successful, the charges will be reduced to a misdemeanor with a probation sentence.
Fusco stole $3,000 in cash and did about $800 in damage to a home on Parkwood Lane in the Town of Lockport between Oct. 4 and 8. He must pay $3,800 in restitution to his in-laws.
He also robbed a Lockport man of cash after he and two others picked up the man in a car on Wheatfield-Pendleton Town Line Road near Mapleton Road in the night of Oct. 24.
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Security supervisor arrested for product thefts
The former security supervisor of the Best Buy Store on Transit Road in Clarence was arrested for alleged thefts of more than $21,000 in store electronics product following a two-month investigation conducted by State Trooper Christopher Rodler and store management, the New York State Police announced today.
Matthew P. Kwarta, 24, of Amherst, has been charged with third-degree grand larceny, first-degree scheme to defraud, and first-degree falsifying business records for allegedly stealing at least $21,169.98 worth of electronic products, primarily cell phones and iPads prior to late February. After arraignment in Clarence Town Court Kwarta was released without bail pending a felony hearing May 2.
Matthew P. Kwarta, 24, of Amherst, has been charged with third-degree grand larceny, first-degree scheme to defraud, and first-degree falsifying business records for allegedly stealing at least $21,169.98 worth of electronic products, primarily cell phones and iPads prior to late February. After arraignment in Clarence Town Court Kwarta was released without bail pending a felony hearing May 2.
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Two injured in a street fight
NIAGARA FALLS – A 62-year-old woman told Niagara Falls police that she was picked up by the neck and thrown against a telephone pole, injuring her neck and breaking her left hand, when she went to the aid of her niece on Monday.
Police said they were told that a large number of youth went to 27th Street and Woodlawn Avenue for a street fight, including some who were armed, at 9:30 p.m. Monday.
The woman was taken by ambulance to Niagara Falls Memorial Medical Center, along with her niece who was injured when she was stabbed in her right finger with a bottle opener.
A juvenile said the fight started when he went to his former girlfriend’s house and was ambushed. He said he escaped, but was attacked at 27th Street and Woodlawn Avenue. The attack is being handled by the Niagara Falls juvenile detective bureau.
Police said they were told that a large number of youth went to 27th Street and Woodlawn Avenue for a street fight, including some who were armed, at 9:30 p.m. Monday.
The woman was taken by ambulance to Niagara Falls Memorial Medical Center, along with her niece who was injured when she was stabbed in her right finger with a bottle opener.
A juvenile said the fight started when he went to his former girlfriend’s house and was ambushed. He said he escaped, but was attacked at 27th Street and Woodlawn Avenue. The attack is being handled by the Niagara Falls juvenile detective bureau.
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Kensington Expressway reopens after construction accident
Traffic in both directions on the Kensington Expressway was reopened at about 10 p.m. Tuesday after an hour-long delay while police, firefighters and state workers dealt with debris that fell from a Delavan Avenue overpass construction site and hit some vehicles below.
No injuries were reported.
The inbound and outbound lanes were delayed at about 9 p.m. The debris problem was reported at about 8:30 p.m.
State construction crews last week started doing work in that section of the expressway at night.
No injuries were reported.
The inbound and outbound lanes were delayed at about 9 p.m. The debris problem was reported at about 8:30 p.m.
State construction crews last week started doing work in that section of the expressway at night.
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Depew police warn of rash of car break-ins and thefts
Thieves not only have been ransacking parked vehicles in Depew – three were stolen outright from driveways, village police reported today.
Several “car pops” have occurred during the past three weeks, Detective Scott Hossfeld said. In addition, three unlocked vehicles, with keys hidden within, were stolen.
Two of the vehicles have been recovered, Hossfeld said.
The exact areas where the crimes occurred weren’t disclosed by police, who cited the ongoing investigation.
Residents are urged to keep their vehicles locked at all times – even when parked in their driveways – and to keep keys secured within their homes.
While patrols have been increased in the affected areas, residents also are asked to call police when they see suspicious activity during the overnight hours.
Several “car pops” have occurred during the past three weeks, Detective Scott Hossfeld said. In addition, three unlocked vehicles, with keys hidden within, were stolen.
Two of the vehicles have been recovered, Hossfeld said.
The exact areas where the crimes occurred weren’t disclosed by police, who cited the ongoing investigation.
Residents are urged to keep their vehicles locked at all times – even when parked in their driveways – and to keep keys secured within their homes.
While patrols have been increased in the affected areas, residents also are asked to call police when they see suspicious activity during the overnight hours.
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Police release photos of 2 sought for questioning in fatal attack on man, 96
Buffalo homicide detectives Tuesday night said they were seeking to question 22-year-old Elhajji Elshabazz and 17-year-old Shaquar Pratcher in a Nov. 24 home invasion on Longview Avenue that led to the death of 96-year-old Levi Clayton.
Jordan McKinnon, 19, and Justice Feggans, 18, have already been arrested in connection with the fatal attack.
Anyone with information regarding the whereabouts of Elshabazz or Pratcher is asked to call or text the Police Confidential TIPCALL Line at (716) 847-2255 or email the department through its website at www.bpdny.org
Jordan McKinnon, 19, and Justice Feggans, 18, have already been arrested in connection with the fatal attack.
Anyone with information regarding the whereabouts of Elshabazz or Pratcher is asked to call or text the Police Confidential TIPCALL Line at (716) 847-2255 or email the department through its website at www.bpdny.org
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Deputy pleads guilty to pepper-spraying inmate
An Erie County Sheriff’s deputy admitted Wednesday to pepper-spraying an inmate at the Erie County Correctional Facility in Alden.
Josephine Cutolo, 54, of Buffalo, pleaded guilty before Magistrate Judge Hugh B. Scott to a misdemeanor charge of deprivation of rights under color of law.
Assistant U.S. Attorney Trini E. Ross said Cutolo, a deputy sheriff, used pepper spray in August on an inmate who at the time was in handcuffs, subdued and being escorted by two other deputies.
“Those who serve in law enforcement, including corrections staff, are entrusted with substantial power and authority in order to protect the public or those in their care,” said U.S. Attorney William J. Hochul Jr. in a statement.
Cutolo’s plea is the result of an investigation by the Federal Bureau of Investigation.
Josephine Cutolo, 54, of Buffalo, pleaded guilty before Magistrate Judge Hugh B. Scott to a misdemeanor charge of deprivation of rights under color of law.
Assistant U.S. Attorney Trini E. Ross said Cutolo, a deputy sheriff, used pepper spray in August on an inmate who at the time was in handcuffs, subdued and being escorted by two other deputies.
“Those who serve in law enforcement, including corrections staff, are entrusted with substantial power and authority in order to protect the public or those in their care,” said U.S. Attorney William J. Hochul Jr. in a statement.
Cutolo’s plea is the result of an investigation by the Federal Bureau of Investigation.
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Motorists from Buffalo, Concord charged with felony DWI
Two motorists were charged with felony counts of driving while intoxicated in separate arrests Tuesday night in the Town of Sardinia and City of Buffalo, Erie County sheriff’s deputies reported.
Deputy Ben Pisa was on patrol at about 10:50 p.m. on Route 16 in Sardina when he pulled over a motorist for speeding. Jeffrey J. Bieler, 45, of Concord, refused to submit to a breath test to determine his blood-alcohol content, deputies said.
Bieler’s felony charge was because of a prior drunken driving conviction, deputies said. He also was charged with unspecified traffic violations, then released on appearance tickets.
Earlier, Deputy Simon Biegasiewicz stopped a vehicle that had been driving on the shoulder of East Delavan Avenue in Buffalo at about 9:20 p.m.
Robert Johnson, 57, of Buffalo, was charged with a felony count of DWI under Leandra’s Law, for having a child under age 16 in the vehicle.
Deputies said a breath test revealed that Johnson had a blood-alcohol content of 0.22 percent. He also was released on appearance tickets.
Deputy Ben Pisa was on patrol at about 10:50 p.m. on Route 16 in Sardina when he pulled over a motorist for speeding. Jeffrey J. Bieler, 45, of Concord, refused to submit to a breath test to determine his blood-alcohol content, deputies said.
Bieler’s felony charge was because of a prior drunken driving conviction, deputies said. He also was charged with unspecified traffic violations, then released on appearance tickets.
Earlier, Deputy Simon Biegasiewicz stopped a vehicle that had been driving on the shoulder of East Delavan Avenue in Buffalo at about 9:20 p.m.
Robert Johnson, 57, of Buffalo, was charged with a felony count of DWI under Leandra’s Law, for having a child under age 16 in the vehicle.
Deputies said a breath test revealed that Johnson had a blood-alcohol content of 0.22 percent. He also was released on appearance tickets.
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Case of man charged under gun law headed to Chautauqua County Court
SILVER CREEK – The case of Benjamin Wassell, the first person to be charged under the state’s new gun law for selling an automatic weapon to someone who did not have the right to own one, will be transferred to Chautauqua County Court where it will likely be heard by a grand jury.
Wassell, 32, of Silver Creek, appeared briefly in Hanover Town Court Wednesday.
Wassell faces a misdemeanor charge under the NY SAFE Act and three felony charges for criminal possession of an altered weapon, transport and defacement of a weapon.
The charges stemmed from an undercover operation conducted in January. He is accused of selling a Del-Ton AR-15 rifle, 299 rounds of ammunition and six large-capacity clips top an undercover agent for $1,900. The incident reportedly happened just nine days after the SAFE Act was passed.
He also allegedly sold an Armalite AR-10 Magnum semiautomatic rifle with 21 rounds of ammunition for $2,600 to the same law enforcement official in February.
Members of the National Rifle Association crowded the courtroom Wednesday to show their support of Wassell. They had signs on pick-up trucks and wore T-shirts and other clothing with gun right’s slogans.
In Silver Creek, the supporters are seeking donations to help pay for Wassell’s defense. He is being represented by Michael Deal of the Buffalo law firm of Lipsitz Green Scime and Cambria.
The prosecutor’s team included Paul McCarthy and Cindy Kelly, both assistants to the state attorney general.
McCarthy said he and Deal both agreed to having the case transferred to the county level. The transfer is the usual process for felony charges that are started in local courts.
Wassell has not had to post bail in the case. Justice Walter R. Klyczek said there was no request for bail from the state and Wassell has not presented any risk for leaving the area. He lives and works locally and has young children.
McCarthy said he will return to County Court in Mayville to continue to follow the case.
“There would not have been much interest in this case if it weren’t for the new SAFE Act,” he said.
Wassell pleaded not guilty to the charges last month in town court. Gun rights supporters also were out in force at that court session.
Wassell, 32, of Silver Creek, appeared briefly in Hanover Town Court Wednesday.
Wassell faces a misdemeanor charge under the NY SAFE Act and three felony charges for criminal possession of an altered weapon, transport and defacement of a weapon.
The charges stemmed from an undercover operation conducted in January. He is accused of selling a Del-Ton AR-15 rifle, 299 rounds of ammunition and six large-capacity clips top an undercover agent for $1,900. The incident reportedly happened just nine days after the SAFE Act was passed.
He also allegedly sold an Armalite AR-10 Magnum semiautomatic rifle with 21 rounds of ammunition for $2,600 to the same law enforcement official in February.
Members of the National Rifle Association crowded the courtroom Wednesday to show their support of Wassell. They had signs on pick-up trucks and wore T-shirts and other clothing with gun right’s slogans.
In Silver Creek, the supporters are seeking donations to help pay for Wassell’s defense. He is being represented by Michael Deal of the Buffalo law firm of Lipsitz Green Scime and Cambria.
The prosecutor’s team included Paul McCarthy and Cindy Kelly, both assistants to the state attorney general.
McCarthy said he and Deal both agreed to having the case transferred to the county level. The transfer is the usual process for felony charges that are started in local courts.
Wassell has not had to post bail in the case. Justice Walter R. Klyczek said there was no request for bail from the state and Wassell has not presented any risk for leaving the area. He lives and works locally and has young children.
McCarthy said he will return to County Court in Mayville to continue to follow the case.
“There would not have been much interest in this case if it weren’t for the new SAFE Act,” he said.
Wassell pleaded not guilty to the charges last month in town court. Gun rights supporters also were out in force at that court session.
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Trial date set in puppy-burning case
Accused dog burner and parole absconder Adell Ziegler on Wednesday waived his right to a jury trial and will face a June 3 bench trial on a felony animal-cruelty count.
A pretrial conference was scheduled for May 16 by State Supreme Court Justice Russell P. Buscaglia.
Ziegler’s appearance in court Wednesday was scheduled as a possible plea. But Ziegler decided against pleading guilty after his lawyers’ discussions with the judge about the length of a prison sentence, among other issues, and whether sentences for the alleged cruelty count and parole violation would be served at the same time or one after the other if he is found guilty.
“The defendant at this time is not going to enter a plea,” Buscaglia said in court.
Ziegler is accused of dousing a Jack Russell terrier puppy, since named “Phoenix,” with lighter fluid and setting it on fire in October.
Buscaglia met privately with prosecutors Kristen A. St. Mary and Matthew A. Albert of the Erie County District Attorney’s Office and defense attorneys E. Earl Key and Ann Nichols.
If convicted, Ziegler, 19, faces a maximum two-year prison sentence on the animal-cruelty count and also faces time on a parole violation.
Diondre L. Brown, 17, the alleged partner in the puppy-burning, has admitted to acting as a lookout and already pleaded guilty to a felony animal-cruelty charge. His sentencing was postponed Tuesday.
Meanwhile, the puppy, now about 10 months old, has healed nicely at the Buffalo Small Animal Hospital, an official at the hospital said earlier this month.
email: plakamp@buffnews.com
A pretrial conference was scheduled for May 16 by State Supreme Court Justice Russell P. Buscaglia.
Ziegler’s appearance in court Wednesday was scheduled as a possible plea. But Ziegler decided against pleading guilty after his lawyers’ discussions with the judge about the length of a prison sentence, among other issues, and whether sentences for the alleged cruelty count and parole violation would be served at the same time or one after the other if he is found guilty.
“The defendant at this time is not going to enter a plea,” Buscaglia said in court.
Ziegler is accused of dousing a Jack Russell terrier puppy, since named “Phoenix,” with lighter fluid and setting it on fire in October.
Buscaglia met privately with prosecutors Kristen A. St. Mary and Matthew A. Albert of the Erie County District Attorney’s Office and defense attorneys E. Earl Key and Ann Nichols.
If convicted, Ziegler, 19, faces a maximum two-year prison sentence on the animal-cruelty count and also faces time on a parole violation.
Diondre L. Brown, 17, the alleged partner in the puppy-burning, has admitted to acting as a lookout and already pleaded guilty to a felony animal-cruelty charge. His sentencing was postponed Tuesday.
Meanwhile, the puppy, now about 10 months old, has healed nicely at the Buffalo Small Animal Hospital, an official at the hospital said earlier this month.
email: plakamp@buffnews.com
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Police probe ‘suspicious’ deaths of two in Chautauqua County
FREWSBURG – The deaths of two people whose bodies were found today in the Chautauqua County town of Carroll have been labeled as suspicious, according to Chautauqua County Undersheriff Charles Holder.
Authorities learned of the deaths earlier today and sheriff’s investigators and forensic identity team members were dispatched to the home on Wheeler Hill Road, authorities said.
Carroll is southeast of Jamestown.
Further details were unavailable.
Authorities learned of the deaths earlier today and sheriff’s investigators and forensic identity team members were dispatched to the home on Wheeler Hill Road, authorities said.
Carroll is southeast of Jamestown.
Further details were unavailable.
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