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Burglary suspect shot dead by homeowner

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A middle-aged man described as an apparent burglary suspect was shot to death this afternoon by the homeowner, an off-duty Buffalo police officer, on Lisbon Avenue in the city’s University District, Buffalo police reported.

The incident happened at about 1:30 p.m., on Lisbon at Parkridge Avenue, where police say the apparent suspect was exiting the home when he was confronted by the homeowner. During that confrontation, the off-duty officer fired his gun, striking the suspect, who was believed to be in his early 50s.

That man was declared dead at the scene, police said.

The incident remains under investigation by Buffalo police homicide detectives and the Buffalo Police Internal Affairs Unit, which responds to any officer-involved shooting.

Ganson street business fire put out after two alarms called

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Fire at the ADM Milling building at 250 Ganson Street was confined to a 10th floor hopper area, according to Buffalo Fire Department officials. The two alarm fire was reported at 3:56 p.m. and was declared under control just past 6 p.m. The cause of the fire remained under investigation Monday night.

Bills star Williams sues to get $785,000 engagement ring back

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Buffalo Bills football star Mario Williams, who signed the biggest contract in team history last year, has filed a lawsuit against his former fiancée in Houston, seeking the return of a 10-carat diamond engagement ring reportedly worth $785,000.

The lawsuit alleges that Erin Marzouki “unilaterally terminated” the engagement in January for reasons that were “caused solely” by her.

Furthermore, Williams alleges that Marzouki never intended to marry him and that she used their relationship as a means to “get … money and acquire gifts.”

“[Marzouki] has absconded with the diamond ring,” according to the suit. “[Williams] has demanded that Defendant return the diamond engagement ring, but Defendant has failed and refused to do so.”

The 28-year-old defensive end filed the lawsuit Friday in Harris County Court in Houston. The Buffalo News obtained a copy of the document Monday.

The lawsuit comes almost 14 months after Williams joined the Bills, signing a six-year, $100 million contract with $50 million in guaranteed money. When it was signed, the contract made Williams the highest-paid defensive player in National Football League history and by far the highest-paid in Bills history.

So far, nothing has been filed in the Houston court giving Marzouki’s side of the story. A News reporter left a telephone message for Marzouki in Houston but did not receive a return call. Court officials said they do not know who represents Marzouki in the case.

Williams’ Houston attorneys, Monica S. Orlando and Michael G. Orlando, could not be reached Monday afternoon to comment.

The football star contends in court papers that Marzouki agreed to marry him but also agreed that, if the wedding was ever called off, she would return the ring that Williams bought for her.

“Defendant had no intention of returning the diamond engagement ring. Instead, Defendant intended to break off the relationship and abscond with the diamond ring,” Williams said in his 10-page complaint.

Williams said the ring was purchased in December 2011 from “Valobra Master Jewelers.” The ring was described as a “GIA certified radiant cut diamond weighing 10.04 carats, E color grade and VS2 clarity grade.”

In court papers, Williams said he gave Marzouki the engagement ring Feb. 19, 2012, which was 3½ weeks before he signed his landmark free-agent contract with the Bills while both were living in Houston.

In addition, Williams said, he gave his fiancée an American Express credit card to pay for living expenses. He contended that she ran up $108,000 in charges on the card in 2012.

Williams also said that he has purchased “additional luxury items” for Marzouki with a total value of $230,000. In his court papers, he did not itemize the purchases.

Under Texas law, Williams has the “right of recovery” to the ring, his attorneys said in court papers. He asked the courts to issue an order restraining Marzouki from selling the ring or transferring it to anyone else.

Williams had Marzouki fly to Buffalo from Houston in March 2012 during his contract negotiations with the Bills. During that visit, the two met with Hall of Fame quarterback Jim Kelly and his wife, Jill, at their Orchard Park home. Subsequently, they bought a 13-room, 9,389-square-foot house valued at $2 million across the street from the Kellys.

On the Buffalo radio program “The Better Half of the Bills” on STAR 102.5 last December, Marzouki told interviewer Rob Lucas that she had spent the football season commuting back and forth from Buffalo to Houston to be a bridesmaid and maid of honor for the weddings of two of her friends.

After one of the weddings, she added, she flew immediately back to Buffalo so she could attend the Bills game the next afternoon.

Marzouki said that she and Williams had talked about getting married last June but that the move to a new city put those plans on hold.

“We’re looking at next summer,” she said, “but we have no date or no place.”

Seeking the return of engagement gifts is not unheard of for sports celebrities. Former Buffalo Sabres player Matthew Barnaby reached an out-of-court settlement five weeks ago of a lawsuit against his ex-fiancée and reclaimed an engagement ring worth $50,000. Two years ago, Dallas Cowboys receiver Roy Williams sued his ex-fiancée over a $77,000 engagement ring but got the ring back without going to court.

Several State Supreme Court and Appellate Division rulings in engagement ring cases over the last decade have, in effect, established New York as a “no-fault engagement” state, meaning that it doesn’t matter why an engagement gets called off or whether one party or the other did something wrong. The person who gave the ring is entitled to get it back.

Texas is not a no-fault state for such a conditional gift. The person giving the ring can recover it “on breach of the marriage engagement by the donee,” according to a 2003 Texas Court of Appeals ruling.

Williams’ lawyers contend “that the engagement was terminated by” Marzouki.



email: dherbeck@buffnews.com and mgaughan@buffnews.com

Second home invaders pleads guilty

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The second of two Buffalo suspects who terrorized a Lackawanna woman and her two young children during a McKinley Parkway home invasion two years ago pleaded guilty Monday to first-degree robbery and burglary charges. Erie County District Attorney Frank A. Sedita III said Tremaine Williams, 24, of Minnesota Avenue, pleaded guilty to the two highest charges that he could have faced at a trial for the Oct. 12, 2011 terror incident.

Michael Easely, 25, also of Minnesota Avenue, pleaded guilty to a first-degree burglary charge in the case on Nov. 19, Sedita said. After breaking into the McKinley Parkway home in Lackawanna Williams held the woman and her two terrorized children at gunpoint while Easley ransacked the house and they stole about $1,400 in cash and goods, the district attorney said.

The district attorney credited Lackawanna police with playing key roles in getting the needed DNA and other evidence that linked the suspects to the crime. With both still jailed Easley faces sentencing before State Supreme Court Justice Penny M. Wolfgang on May 29, and Justice Wolfgang will sentence Williams on Aug. 16. Both face prison terms of up to 25 years.

Off-duty police officer kills burglar in own home

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An off-duty Buffalo police officer returning to his Lisbon Avenue home Monday afternoon shot and killed a suspected burglar who apparently confronted the officer with a gun he had just stolen the home, the officer’s attorney said.

“This is one case where a burglar picked the wrong house as a target,” Police Benevolent Association attorney Thomas H. Burton told The Buffalo News.

Burton identified the off-duty officer as Duane Luchey, a 19-year-veteran of the Buffalo Police Department who is currently on injury leave.

Neither Burton nor a Police Department spokesman would identify the dead suspect.

Officials said the suspect was a man in his early 50s with a long history of arrests and convictions.

Burton said he fully expected Erie County District Attorney Frank A. Sedita III to ask a county grand jury to look into the shooting. Burton said Luchey will waive immunity to talk to that panel.

“One would be hard-pressed to find a more legitimate use of deadly physical force” than the reported confrontation of the burglar, who was in a second-floor apartment in the officer’s home, and the officer who had come back after being out of his house for some time today,” attorney Burton said.

According to Burton, Luchey came home at about 1:30 p.m. Monday to his home on Lisbon Avenue in the University District and was shocked to find a dresser drawer – that had been locked – open. Missing was one of the officer’s semiautomatic handguns and some ammunition.

Then Luchey heard someone on the second floor. The officer yelled as the burglar came downstairs and apparently turned the stolen gun on Luchey.

The officer, who was armed with another gun, opened fire, and the burglar stumbled out of the house and fell dying to the sidewalk.

Police recovered the stolen service handgun and other property belonging to the police officer.

No one else was home at the time of the incident.

Burton said Luchey, whom he is representing, is cooperating fully with homicide detectives.

He also said that departmental officials would launch a mandatory departmental investigation of the shooting incident.



email: mgryta@buffnews.com

Man charged with leaving infant in hot locked car for hours

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JAMESTOWN – A 23-year-old Town of Poland man was arrested Monday by State Trooper Joseph H. Krywalski for allegedly leaving his 8-month-old child in a hot, locked car for hours. Chad Swan, of Scott Hill Road, Poland, was charged with endangering the welfare of a child. He was arrested for allegedly leaving the infant unattended in a car while he slept in his house. The child was found unharmed by its mother. Swan was arraigned in Poland Town Court and has been ordered to return to court at 5 p.m. June 6.

Two fires displace 23 people from East Side homes

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The Red Cross was called to assist a total of 23 East Side residents routed from their homes by two fires within a couple hours at mid-morning today, Buffalo fire officials reported.

Five adults and 13 children, apparently all from a large extended family, were displaced from their home at 118 Wakefield Ave., in the Central Park neighborhood, by a fire that caused $12,000 damage. Firefighters responding to a 7:31 a.m. alarm found a fire that had broken out in a first-floor bedroom of the 2½-story home. The house is east of Fillmore Avenue, two blocks north of Leroy Avenue.

About an hour and a half later, at 8:55 a.m., firefighters were called to 21 Briscoe Ave., where the Red Cross was called to assist two adults and three children. The blaze left an estimated $7,000 damage to the home, which is north of Walden Avenue, about eight blocks east of Bailey Avenue.

Damage set at $400,000 in Ganson Street fire

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The two-alarm fire in an industrial building on Ganson Street on Monday afternoon left an estimated $400,000 in damages, Buffalo fire officials said.

Firefighters managed to confine the blaze to the 10th-floor hopper area in the ADM Milling building at 250 Ganson St. Fire officials listed $100,000 damage to the building and $300,000 to its contents.

The fire, reported at 3:56 p.m. Monday, was declared was under control shortly after 6 p.m.




Twenty-one-year-old man convicted of weapons possession

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A 21-year-old man has been convicted, as charged, of criminal weapons possession following a three-day trial before State Supreme Court Justice Christopher J. Burns, Erie County District Attorney Frank A. Sedita III announced Tuesday.

Antoine Hailey was charged in April 2012 after being found with a loaded .22-caliber revolver after Buffalo police responded to a disturbance on Tonawanda Street. The weapon was recovered after being hidden in the ceiling panels of a home as police arrived at the location.

Hailey faces a maximum prison term of 15 years when he’s sentenced before Burns on June 4. Assistant District Attorney Liam A. Dwyer prosecuted the case.

Murdered West Seneca woman’s son turns himself in

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A man who was being sought in connection with his mother’s murder turned himself in to West Seneca police Tuesday afternoon and was jailed after being arraigned.

Primitivo Cruz, 45, was ordered held without bail on a second-degree murder charge after appearing before West Seneca Town Justice Jeffrey M. Harrington on Tuesday evening in the murder of his 77-year-old mother, Carol Quinn.

Cruz was silent during his brief court appearance and was immediately taken to the Erie County Holding Center.

He had been described by West Seneca police officials as a “person of interest” in the death of his mother since police found her body on the floor of her Burch Avenue apartment at about 3 p.m. Saturday.

Harrington scheduled a pre-grand jury felony hearing to review evidence in the case for 6 p.m. Monday.

Frank M. Bogulski, a veteran Buffalo-area defense attorney who is representing Cruz, said he wouldn’t be surprised to see prosecutors obtain an indictment from a grand jury before that pending court session. Under state criminal law, prosecutors can either conduct an evidence hearing before grand jury action or seek a direct indictment.

Colleen Curtin Gable, the top aide to Erie County District Attorney Frank A. Sedita III, who is prosecuting the case, declined to comment.

Bogulski, who has represented Cruz in previous criminal cases, said, “My client is adamant about his innocence.” The attorney said the fact that Cruz turned himself in to police when he learned he was being sought “demonstrates his innocence.”

“Police received calls Saturday from out-of-state relatives of Quinn, a former Buffalo teacher’s aide, who were concerned that they could not get in touch with her.

Cruz initially was questioned by West Seneca police when he was seen walking the streets near his mother’s home Saturday afternoon but was allowed to go.

Police later learned his mother had recently obtained a court order of protection against Cruz, last known to be living in a Military Road house in Kenmore. Family members have acknowledged he has had a drinking problem.

He reportedly periodically lived with his mother on Burch Avenue.



email: mgryta@buffnews.com

Dog stabbed to death in East Side burglary

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In what Buffalo police are calling a vicious crime, a burglar stabbed a homeowner’s dog to death while also stealing a huge amount of cash overnight Monday.

The incident occurred some time between 6 p.m. Monday and 3:15 a.m. Tuesday, when the resident returned home to find that the front door of his Woodlawn Avenue home had been kicked in. The resident also found his dog stabbed, and Northeast District police said the dog died of its injuries.

“This is a heartless act, no matter what the circumstances, to kill a defenseless dog,” Buffalo Chief of Detectives Dennis J. Richards said. “Police are tracking down leads, as we continue our investigation.”

Police suspect, but they’re not sure, that the dog, described as a pit bull/boxer mix, was stabbed while trying to thwart the burglary, rather than being targeted.

“The whole thing is so violent,” said Gina M. Browning , public relations director for the SPCA Serving Erie County. “Violence is violence, whether it’s [directed at] a person or an animal.

“Unfortunately,” she added, “we live in a society where some people get some kind of sick pleasure out of hurting animals, whether they are threatened or not.”

Browning also said that anyone willing to do that to an animal could be capable of doing the same thing to a person. She added that some people take out their anger against other people, by hurting that person’s pet, to get back at them.

“It’s scary to think that those people stand behind us in the grocery store,” Browning said.

A large amount of cash, believed to be in the thousands of dollars, was taken from an upper bedroom, police said.



email: gwarner@buffnews.com

Buffalo teen charged with Cheektowaga playground fire

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A 13-year-old Buffalo boy has been charged with criminal mischief in connection with a fire that destroyed a popular jungle gym set at the town’s Kelly Park late Friday afternoon.

Cheektowaga Police Capt. James Speyer said officers are continuing to investigate the youth’s claim that he started the fire accidentally.

Officials estimate it will cost up to $100,000 to replace the play equipment.

The boy was among several boys was stopped by Cheektowaga Police Sgt. James Patterson, who was off duty but shopping near the playground, just as the fire began.

The boy told police he had been playing with a lighter and a pine cone near the jungle gym and threw it down after lighting it, assuming it was out.

Speyer says the boy told police that as he and his friend were on the basketball court when the fire began.

The boy, who is being prosecuted in Erie County Family Court on a criminal mischief charge, could face additional charges if police find evidence contradicting the boy’s claims, Speyer said.

He said the boy was released to the custody of his parents Friday night.



email: mgryta@buffnews.com

Male nurse arrested on child porn charge

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A male nurse who worked in the Pediatric Unit at Olean General Hospital has been arrested and charged with distribution and possession of child pornography, U.S. Attorney William J. Hochul Jr. announced Tuesday.

Willie G. Reid, 46, of Olean, a registered nurse, was held pending a detention hearing today following an appearance Tuesday before U.S. Magistrate Judge H. Kenneth Schroeder Jr. The charges carry a mandatory minimum sentence of five years in prison and a maximum of 20 years and a $250,000 fine upon conviction.

Prosecutors charged that Reid downloaded videos and images of child pornography from the Internet using a peer-to-peer sharing program between February 2012 and this past February. Some of the images included pre-pubescent children and depictions of violence, prosecutors said.

Lockport man charged in rape of unconscious woman goes on trial

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Opening statements and testimony began Tuesday in Niagara County Court in the trial of a man accused of raping a friend’s girlfriend as she lay sleeping, groggy and sick in a South Street home after a night of bar hopping that followed a free downtown Lockport concert July 29, 2011.

Dalvan H. Robinson, 51, of Pennsylvania Avenue, was indicted in November 2012 on charges of first-degree rape, first-degree sexual abuse and third-degree rape after Lockport police received DNA evidence that linked Robinson to the alleged attack the morning of July 30, 2011.

Assistant District Attorney Cheryl Nichols, who is co-prosecutor with Elizabeth Donatello, told the jury that the victim, a Buffalo woman who had friends in Lockport, decided to do the right thing by not driving home.

“A fun night with friends turned into a nightmare,” Nichols said. “She was sleeping and sick, and he raped her.”

Nichols told the jury that the victim was pinned down, powerless and naked, and found herself waking up to Robinson on top of her, raping her.

“She was shocked and confused,” Nichols told the jury.

Defense Attorney George V.C. Muscato told the jury the sex was consensual and cautioned the jury to keep an open mind.

He said Robinson lives on Pennsylvania Avenue, with a woman and a child, but also owns the South Street home and stays with his friend, the victim’s boyfriend at the time, who was renting the apartment from him.

He said Robinson was confronted with the allegation six months after the incident by Lockport Police Detective Travis Mapes. Muscato said his client said some things he shouldn’t have.

“He was shocked and not truthful about having sex with her,” Muscato said. “The DNA says it was him. He did have sex with her, but it was consensual sex.”

Muscato said Robinson was ashamed because he had slept with his friend’s girlfriend, a friend who was “like brother to him.”

“He is not proud of what he did, but it is not a crime,” Muscato said.

The victim testified Tuesday that she came to Lockport that night to attend the free concert in Lockport and then walked with friends to two Main Street bars.

She said she doesn’t usually drink but joined friends and had three large drinks of Crown Royal and Red Bulls. She said that by 2 a.m., she had to leave and went with her boyfriend to the South Street home, where she remained sick for several hours.

She said the boyfriend left early that morning because he had to work, and she stayed since she was still feeling sick.

The woman became tearful as she told the jury of how she woke up, a little groggy, unsure of what was happening.

She told the jury that she later went home and showered several times.

“I felt dirty. I could still smell him on me,” she said. The woman then went to Sisters Hospital, where she was given a rape kit and met with police that same night.

Muscato tried to poke holes in her statement to detectives and grand jury testimony, finding several discrepancies in statements that she had sworn were true.



email: nfischer@buffnews.com

Intruder shot by officer had long felony record

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The burglar shot to death Monday afternoon by an off-duty Buffalo police officer in the officer’s University District home has been identified as 53-year-old Wayne Andre White, law enforcement sources confirmed Tuesday.

White, who sources say has used at least five different aliases, has an extensive criminal record, with at least four felony burglary convictions dating back to the 1980s, according to state Department of Corrections records.

One source said White had at least nine felony and 11 misdemeanor convictions, but that could not be confirmed because of the various aliases and dates of birth he reportedly used.

The prison records show that White was last paroled in December 2012, after having served almost nine years of a nine-to-18-year sentence for a 2004 burglary conviction.

“This burglar had a felony sheet as long as your arm,” said Thomas H. Burton, a Police Benevolent Association trial attorney who vigorously represents police officers accused in such shootings. “He was a master burglar and a one-man crime wave. It will not be surprising if the burglaries in that area drop precipitously.”

Police have said that off-duty Police Officer Duane Luchey, a 16-year veteran on the force who’s currently on injury leave, returned to his Lisbon Avenue home at about 1:30 p.m. Monday and found a previously closed – but not locked – dresser drawer open. Missing were the officer’s loaded Glock service pistol with two full magazines, authorities said.

After Luchey heard someone on the second floor and saw the intruder heading downstairs, the officer yelled, “Stop. Police,” Burton said, based on his conversation with Luchey. Then Luchey, armed with another gun, shot twice, mortally wounding White, who stumbled out of the house and fell onto the pavement.

The officer’s stolen gun then was recovered in some kind of a satchel, along with jewelry, coins and extra rounds of ammunition that had been stolen from the home, Burton said. Some of those valuables were found in White’s pockets.

“In this instance, the law allows the officer to wear two hats, one as a cop stopping an armed felon, the other as a homeowner who can use deadly force to stop a burglary,” Burton explained. “There is no obligation under New York State law for a homeowner or a police officer to be actually threatened with a weapon before he uses deadly force when confronting a burglar.”

The attorney made it clear that White did not have the stolen weapon out in his hand, ready to fire as he ran down the stairs, as had been reported earlier. “This officer had immediate probable cause to believe the intruder was armed,” Burton said. “The officer can’t see this guy’s hands, but he knows his gun and two clips of ammunition are missing.”

The shooting death is being investigated by Buffalo homicide detectives and the department’s Internal Affairs Division.

“It will likely be presented to an Erie County grand jury once the investigation is complete,” Erie County District Attorney Frank A. Sedita III said Tuesday.

Without commenting on the specifics of the case, Sedita added, “If one chooses to become a professional burglar, one would think they would avoid breaking into the home of one of our police officers.” Monday’s deadly incident was at least the seventh time in the last 17 months that a Buffalo police officer has fired a weapon at a suspect. Four of those shootings have been fatal.

As a standard procedure, at least one prosecutor will review the Police Department’s investigation before the case goes to a grand jury. “This case, as well as the previous instances in which officers have shot suspects, will be thoroughly investigated,” Buffalo Chief of Detectives Dennis J. Richards vowed. “The results of those investigations are then turned over to the District Attorney’s Office for final disposition.”



email: gwarner@buffnews.com

Depew man’s death while in custody is ruled a homicide

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With the family of the late Richard A. Metcalf Jr. of Depew already preparing lawsuits against the Depew Police Department and the Erie County government over Metcalf’s death while he was in custody, the Erie County Medical Examiner’s Office ruled Tuesday that it was a homicide.

Metcalf, 35, who was arrested last November by Depew police on burglary charges, died in Erie County Medical Center late on the afternoon of Nov. 30, three days after he was sent there for a mental health evaluation following an alleged scuffle with sheriff’s deputies in the Erie County Holding Center in downtown Buffalo.

Undersheriff Mark Wipperman said Tuesday night that state police are conducting an investigation into the death of Metcalf, who suffered a heart attack in an ambulance as he was being taken to ECMC for mental testing.

“I join with Sheriff [Timothy B.] Howard in saying we are confident the Erie County Sheriff’s Office will be found guilty of only one thing,” Wipperman said, “trying to get inmate Metcalf the professional help he needed.”

Depew police reportedly used a stun gun twice on Metcalf as he charged at officers with a heavy metal wrench the night he was taken into custody.

He was bruised and cut when he was taken later to the Holding Center, according to booking photos taken there.

According to a Depew police report on Metcalf’s arrest, he was “acting strange” when he was arrested. Police confronted him after he allegedly broke into St. Joseph’s Country Manor and Grove Catering on Columbia Avenue in Depew.

Because he was exhibiting unusual, strange and combative behavior and had an elevated heart rate, police took him to ECMC before he was taken to the Holding Center, investigators said.

Metcalf showed signs of mental illness and was combative with deputies at the Holding Center, according to Sheriff’s Office reports.

Guards reported seeing him picking at his arms with a plastic fork, biting himself and wiping blood on the cell walls. When they tried to restrain him, they quoted him as yelling, “I’m radioactive,” and striking his head against the cell bars and a wall.

He suffered a heart attack in the ambulance taking him back to ECMC for further mental testing the day he died. He was reported to have died in the hospital’s intensive care unit at about 5:17 p.m. Nov. 30.



email: mgryta@buffnews.com

Gang member pleads guilty to role in slaying of store employee

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A member of the Bailey Boys street gang in Buffalo has pleaded guilty to charges stemming from the shooting death of a clerk in an East Side convenience store more than two years ago, U.S. Attorney William J. Hochul Jr. announced Tuesday.

Dwight Mitchell, 19, faces a maximum penalty of life in prison and a $250,000 fine after pleading guilty before U.S. District Judge William M. Skretny to aiding and abetting a violent crime committed in aid of a racketeering enterprise. He is scheduled to be sentenced Aug. 26.

Prosecutors said Mitchell held the door open at the Super Stop Food Market, 970 Kensington Ave., on Nov. 29, 2010, while someone identified as “TS,” who wanted to become a gang member, fired several shots into the store, hoping to hit a member of the rival Midway Crew gang. Instead, he killed Charles B. Myles-Jones, 20, a store employee not affiliated with any gang, as he walked into the store.

Man, 18, arrested in LaSalle Park rape

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An 18-year-old Riverside Avenue man was arrested Monday evening on first-degree rape and other charges for allegedly sexually assaulting a woman as she tried to cross a pedestrian bridge in LaSalle Park near Hudson Street at about 6:30 p.m. Chaz Carter was arrested shortly after the incident as the victim was taken by ambulance to Women & Children’s Hospital for treatment. He was also charged with unlawful imprisonment and harassment.

Man accused of menacing police officers with knife

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A 20-year-old Hartwell Road man was charged with a felony count of menacing a police officer for allegedly flashing a knife at two officers who physically subdued him during an arrest at Theodore and Genesee streets at about 11:20 p.m. Saturday. Martellion J. Ham Jr. was also charged by Officers Andrew Whiteford and Adam Wigdorski with resisting arrest, criminal possession of a weapon and disorderly conduct.

Ham allegedly began fighting the officers when they confronted him after being called to that area to check on a Zenner Street incident. When spotted walking on Genesee before turning onto Theodore, Ham was told to drop a knife he was allegedly carrying, and he began shouting and screaming obscenities and tried to flee when handcuffed, police said.

Registered sex offender faces rape, other charges

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A 44-year-old Batavia man who is a registered state sex offender because of an earlier incident was arrested and jailed on third-degree rape and other charges for allegedly getting an underage girl drunk and having sex with her in mid-April, the Genesee County Sheriff’s Office announced Tuesday.

Patrick Maxwell Hackett, of West Main Street, Batavia, was remanded Tuesday to the Genesee County Jail after his arrest following an investigation with the Batavia Police Department for an alleged April 15 sex incident. Hackett is also charged with unlawfully dealing with a child in the first degree and endangering the welfare of a child for allegedly engaging in a sexual relationship and providing alcohol to an underage Batavia girl last month.



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