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Gunshot victim in critical condition

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A Buffalo man remained in critical condition Sunday night after being shot multiple times on the 200 block of Roslyn Street early Saturday morning.

According to a police report, an unknown man fired several rounds at victim Johaan Littlejohn, including one that went through the front window of a house on Roslyn. Homicide detectives recovered several shell casings and bullet fragments.

The police report initially gave a different name for the victim.

Littlejohn, 23, underwent surgery in Erie County Medical Center. A spokesman for Rural Metro Ambulance said the victim suffered several gunshot wounds, primarily to his arms and legs.

Grider Street man reports theft of doors, furnace, paint

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Whoever broke into a Grider Street home was either very strong -- or came with a truck.

The victim of the burglary told police that three doors, tiles, paint and a furnace were stolen from a house he owns on the 300 block of Grider Street, police reported Sunday.

While no one was arrested, the homeowner suspects the thief is the same person who stole similar items from another of his properties, police said.

Shooting victim found dead in East Side alleyway

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A man apparently shot in front of a store in the city’s East Ferry-Moselle area late Sunday night was found dead in a nearby alleyway, Buffalo police reported early Monday.

Authorities have not released the name of the victim, who was believed to be in his early 50s, as they attempt to notify family members.

Ferry-Fillmore District police, who responded to the shooting call shortly after 10 p.m. Sunday, believe the fatally wounded man was shot near the intersection. He then fled to the nearby alley, where he collapsed.

Anyone with any information about the shooting is asked to call or text the Buffalo police confidential tip line at (716) 847-2255.

Six people flee from Sunday night fire in Masten Park area

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The Red Cross was called to assist three adults and three children routed from their Masten Park home by a fire that caused an estimated $30,000 in damage Sunday night, Buffalo fire officials said.

Firefighters responded to a 9:37 p.m. alarm at 234 Riley St., between Main Street and Jefferson Avenue, about five blocks south of East Ferry Street.

The cause remains under investigation for the blaze, which started in the basement, fire officials reported.

Tonawanda man surrenders to police after two-hour standoff

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A two-hour standoff ended peacefully early this morning in the Town of Tonawanda when police negotiators convinced a man to leave his home and surrender to police. The man had told his wife he wanted to die at police officers’ hands.

The incident began at 10:17 p.m. Sunday, when town police received a 911 call from the man’s wife, who told a dispatcher that her husband appeared depressed and wanted police to come and kill him, said police Lt. Nicholas Bado.

The wife, who called 911 from another location, said her husband had access to his long guns and her handguns in their home on Clark Street, between Delaware Road and Colvin Boulevard.

A police patrol responded, followed by a pair of negotiators. When they could not make contact with the man, the department dispatched a SWAT team. Eventually, the negotiators began talking to the man. By 12:37 a.m. they persuaded him to come out of his home.

The man was taken to Erie County Medical Center for a mental health evaluation.

He will not be charged, Bado said.

Police took at least two long guns from the home for safekeeping, and his wife voluntarily handed over her handguns.

Missing City of Tonawanda teenager found safe

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Several hours after City of Tonawanda police sought the public’s help in locating a missing teenager, detectives reported late Monday afternoon that the girl has been located, safe and unharmed, in West Seneca.

Carmen M. Rivera, now 14, had left for school on April 15 and had not returned to her Young Street home. Police said she left home under her own will and was not believed to be in any physical danger, but the family had not heard from her in more than a month.

City of Tonawanda Detective Timothy Toth said that he received many calls about the girl’s whereabouts after the media put out the original message about her being missing.

Drunk West Seneca man drove 78 mph in 45 mph zone, police say

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GREAT VALLEY – A West Seneca man accused of driving drunk while traveling 33 miles over the speed limit was arrested over the weekend in Cattaraugus County, state police said in a statement Monday.

Trooper Marc Peters reported that he stopped Jason P. Stranz, 33, at about 6:45 p.m. Sunday after he timed Stranz driving 78 mph in a 45-mph zone on Route 219 in the Town of Great Valley.

Stranz recorded a blood-alcohol level of 0.11 percent, and was charged with driving while intoxicated, police said.

Burglars net $20,000 in jewerly, cash from William St. home

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More than $20,000 in jewelry and cash was taken over the weekend following a break-in on the city’s near East Side, the homeowner’s daughter told Buffalo police Monday.

The daughter, who is the executor of her late mother’s estate, reported the theft occurred between 2 a.m. Saturday, when she left the home on William Street between Michigan and Jefferson avenues, and 2 p.m. Monday, when she returned and discovered the rear sliding glass door had been damaged.

The thief or thieves ransacked the house and made off with five tennis bracelets, eight other pieces of jewelry and a Movado watch, as well as $1,200 in cash.

Motorcyclist thrown 90 feet in crash with car in Lancaster

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A motorcyclist is hospitalized with serious injuries after he was thrown about 90 feet when he struck a car that turned in front of him on Transit Road north of William Street Sunday afternoon, Lancaster Town Police said.

The motorcyclist, described as a 25-year-old Lancaster man, was taken by ambulance to Erie County Medical Center after the crash about 4:55 p.m. Police said his injuries are not life-threatening.

The driver of the car, a 71-year-old West Seneca woman, was shaken up and evaluated at the scene, police said. The names were not released. Officers said that it does not appear that alcohol or drugs were a factor in the crash. Charges are pending.

West Side man accused of robbery tracked to abandoned home

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Buffalo police said a Massachusetts Avenue man who robbed and beat his victim early Monday was arrested in an abandoned home near the scene of the attack.

Luis A. Vazquez, 26, who initially gave police a false name, was charged with robbery, assault, harassment and false personation, police said.

The victim, a Grant Street resident, was at Parkdale and Auburn avenues about 4:15 a.m. when Vazquez asked to use his cellphone, police said. Vazquez fled, dropping the cellphone and wallet while enroute to an abandoned house on Parkdale Ave., where he had been staying, police added.

N.Y. delays risk status for sex offenders

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When Philip M. Gray completed his federal prison sentence for child pornography in February, the former D’Youville College sociology professor returned to Amherst and registered as a sex offender with the Amherst Police Department.

But the Police Department did not put his name among the 37 other sex offenders listed on its website. Nor did the department send a flier to the school district with Gray’s name, photograph and other details.

But this was not a case of an offender slipping through the cracks or the department dropping the ball.

The department was not permitted to publicize his return.

The 65-year-old Gray had not been assigned a risk level, Amherst Detective Sgt. Michael N. Torrillo said.

New York’s Sex Offender Registration Act prohibits police from releasing information about offenders to school districts and others until the offenders are assigned a risk level.

While Gray and others wait for a risk level, they are classified as “pending,” and their names are not publicly listed on the state’s electronic Sex Offender Registry or on local police website registries open for public view.

In Gray’s case, the delay has upset some of his neighbors.

Some of them know about his past, but others may not, and they worry about the vulnerability of residents who are denied timely notifications.

“We have a bunch of different schools around here, and I have grandchildren who come over occasionally, and I wouldn’t want someone who viewed child pornography to be in close proximity to them,” town resident Keith D. Leaderstorf said.

“I think the delays are wrong. Something could happen between the person’s return and notification by the Police Department that he’s a convicted sex offender.”

There are other offenders who have yet to be given a risk level. When a Chicago resident completed his prison sentence for a sex-related crime in Illinois seven months ago and moved in with Amherst relatives, the public was not told.

The federal Megan’s Law prompted states to create sex offender registries and risk levels. The law was adopted in the 1990s after Megan Kanka, a New Jersey 7-year-old, was murdered by a convicted sex offender who lived across the street. Her parents did not know the neighbor had a history of criminal sex offenses.

Today, sex offenders are required to register with police upon their release.

Police say the notification system usually works in a timely manner when an offender is prosecuted in a state or county court. Records can be easily obtained. And it can take just a couple of months for a decision on a risk level.

But when an offender is convicted in a federal court or in another state and then relocates here, it can take many more months or even more than a year for a permanent designation, they say. During that time, residents remain unaware of the convict’s past offense.

“It compounds the issue when you’re waiting for other governments,” Torrillo said of how long it takes to receive a risk-level designation.

Gray, of Autumnview Road, near Heim Elementary and Heim Middle schools, was convicted of using his computer at D’Youville to download numerous images of child pornography. College officials discovered the images during the course of a computer upgrade. In addition to the four-year prison term, he was sentenced to five years’ post-release supervision and ordered to undergo a sex offender treatment program.

During the pending period before a risk level is assigned, the state Board of Examiners of Sex Offenders in Albany reviews the circumstances of offenders’ sex crimes and makes a recommendation to county or state courts in the region where the person lives.

It takes time to review cases and determine how likely it is that a newly released sex offender will commit another sex crime.

The five-member Board of Examiners last year reviewed about 1,500 sex offender cases from county, state and federal courts in New York, as well as federal courts in other states. So far this year, the board has reviewed about 500 cases.

The offender appears for a court hearing, and a judge designates a risk level. The offender can also appeal the designation.

“The length of time it takes for a recommended risk level to be made will depend on how quickly the Board of Examiners obtains the relevant records of an offender’s case,” said Janine A. Kava, spokeswoman for the state’s Division of Criminal Justice Services.

Once it receives the information, the board must make a risk-level recommendation within 60 days, Kava said.

But the board has no control over how fast records arrive from other agencies, she said.

And the board has no say in how quickly the judges will rule.

The board’s five examiners work full time with separate caseloads and review one another’s findings before forwarding the risk-level recommendations to the courts, Kava said.

Cases from other states and the federal courts require an extra level of scrutiny to ensure that the offender is required to register in New York.

Not every sex crime conviction comes to the board.

When a defendant receives probation or a split sentence of probation and prison time for a sex crime in a New York court, the local district attorney makes a recommendation to the presiding judge, who then assigns a risk level.

Prison officials alert police before releasing a sex offender.

“The important thing to note is that the police know about the offender. He has to register,” she said of sex offenders released from prison.

Still, the lag time between release and public notification for some offenders worries neighbors and police.

“The reason the designation is made and the reason the communities are notified is to prevent repeat offending and allow citizens to be aware and exercise precaution,” said Town of Tonawanda Police Detective Lt. William H. Krier.

Recidivism is considered most likely among Level 3 sex offenders and least likely among Level 1.

While there is no easily accessible public record for pending cases before the state board, people can call the state’s Sex Offender Registry Information Line and ask if a convict’s case is being reviewed. Callers must provide the convict’s name and at least one other identifying piece of information, such as an address. The phone number is (800) 262-3257.



email: lmichel@buffnews.com

Seven injured in crash on Route 98 in Arcade

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ARCADE – Seven people were injured about 5:25 p.m. Monday when a pickup towing a camper hit the rear of a van that had slowed for animals crossing Route 98 in the Town of Arcade, the Wyoming County Sheriff’s Office said.

John Newell, 43, of Sanborn, who had three children ages 12 and 13 in his truck, said he was unable to stop in time. He was cited for following too closely.

Sheriff’s Sgt. Daniel J. Langdon said the van, which was carrying three adults and four children ages 7 to 15, was driven by Amy Nicpon, 48, of Lockport. She was taken to Women and Children’s Hospital, Buffalo, along with three of the youngsters, a 7-year-old boy, an 11-year-old girl and a 6-year-old girl.

A 15-year-old girl in the van was taken by Mercy Flight to Erie County Medical Center, Buffalo, with a leg injury. Mercy Flight took a 12-year-old girl in the pickup truck to Women and Children’s Hospital with an abdominal injury. A 24-year-old man in the van was taken to Wyoming County Community Hospital, Warsaw.

Four others were treated at the scene. None of their injuries were considered life-threatening.

Niagara Falls man charged with first-degree rape

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State Police at Niagara have charged a 25-year-old Niagara Falls man with first-degree rape, after receiving a complaint from a female acquaintance of his that she had been sexually assaulted.

Troopers arrested Robert W. MacKenzie, of Bellreng Drive, Niagara Falls, on Monday.

After his arraignment before Town of Lewiston Judge Thomas J. Sheeran, MacKenzie was sent to the Niagara County Jail on $10,000 cash bail.

Man accused of stealing docs from History Museum

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A man associated with several museums and libraries across Western New York has been arrested and charged with stealing at least five historical documents from the Buffalo History Museum.

Federal prosecutors said Daniel J. Witek, 50, of Buffalo, also is accused of trying to sell the letters to Lion Heart Autographs in New York City.

U.S. Attorney William J. Hochul Jr. said Witek is charged with mail fraud and faces up to 20 years in prison.

Lion Heart Autographs describes itself on its website as an “internationally recognized dealer of important autographs and manuscripts specializing in art, history, literature, music and science,”

Its clients range from Harvard and Yale universities to the U.S. Library of Congress.

In a statement announcing Witek’s arrest, Hochul’s indicated his office is looking for more information about Witek and possible other thefts.

Assistant U.S. Attorney Michael DiGiacomo said any public or private collectors of rare books, letters or artwork who believe items may be missing from their collections should contact the Federal Bureau of Investigation at 856-7800.

Witek’s arrest is the result of investigation by the FBI U.S. Secret Service.

email: pfairbanks@buffnews.com

Family of slain homicide witness issues plea for justice

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Few people would have blamed William “Popeye” Blackmon if he’d kept his mouth shut after witnessing, just a few feet away, the shooting death of his good buddy last July.

Instead, he helped lead authorities to his friend’s killer. Nine days ago, on the night of May 26, his family believes, he paid for that decision when he was shot to death, only a couple blocks from the original shooting.

Blackmon, 51, knew the streets and the customs of Buffalo’s East Ferry-Moselle-Grider-Woodlawn area. For some 40 years, he had walked those streets. He was a charmer and a hustler, armed with a gift of gab. And while family members admit he was no saint and had spent some time in jail, he also was known for helping people down on their luck, whether it was giving them a dollar or two or guiding them to the nearest food pantry.

Last July 18, Blackmon watched in horror as close friend Darryl “Bobby” McDavis was shot to death in broad daylight, at East Ferry and Stevens streets. Police have claimed it was a dispute over drugs and possibly a bicycle.

Blackmon saw it all, and he told Buffalo homicide detectives exactly what he witnessed. Late last October, police in Tennessee arrested the key suspect, Wyatt “Chicago” Hayes, who was charged with second-degree murder. Hayes pleaded guilty to first-degree manslaughter on May 17, nine days before Blackmon was killed, law-enforcement officials said; Hayes is scheduled to be sentenced June 14.

“My brother had the guts to stand up and tell them what happened,” said Kimberly Blackmon, one of his sisters.

“We have a heart,” she explained. “When you lose somebody like that, a good friend, by something so senseless, what are you supposed to do? We can’t just shut up.”

William Blackmon may have known his own days were numbered.

A few days before he died, he began sleeping on a chair in his sister’s home.

“My brother was the type of man who wanted to do the right thing,” said another sister, Deborah Irvin. “He took a chance. He knew the consequences. Near the end, he felt he was going to lose his life over this.”

His family has gone public with its plea for someone in the community to do the right thing and come forward with information about his killer, the same way their brother did.

They held a prayer service and vigil Sunday evening in the area where he was shot, stumbled and collapsed, fatally wounded.

On Monday, Kimberly Blackmon and Deborah Irvin issued their own plea to their brother’s killer.

“If you have any pride, any self-worth in yourself, you should come forward and turn yourself in,” Kimberly Blackmon said. “This is going to haunt you, because you took away somebody who was so precious. Popeye never harmed a fly.”

There’s little question that someone saw their brother die. It was a hot night, about 10 p.m., the night before Memorial Day, when many people would have been outside, some on nearby porches in full view of the shooting scene.

Kimberly Blackmon understands that her brother’s death can have a further chilling effect, causing people to fear for their lives if they come forward. If they talk, they can be labeled snitches, and that can put their lives in jeopardy.

But if witnesses don’t talk, then crimes go unpunished.

“You have to talk, because you have to live in these neighborhoods,” she said. “You want peace in your neighborhood. You want to be able to walk the streets.”

Both sisters emphasized that anyone coming forward needs to ask police for witness protection.

Kimberly Blackmon knows who the real culprit is.

“These kids today are more scared to live than they are to die. They’ll kill you at the drop of a dime. They don’t know how to fight, but they know how to pick up a gun.”

Anyone with any information about William Blackmon’s killing may call or text the Buffalo Police confidential tip line, at (716) 847-2255.

His family knows what Blackmon would want, the same thing they want – justice.

“My brother looked out for the community over there,” Irvin said.

“Now,” her sister quickly added, “they should return the favor.”

email: gwarner@buffnews.com

Boy, 17, dies after saving sister, 7

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It all started when a 7-year-old girl slipped into the Niagara River off Squaw Island on Monday afternoon.

Her 17-year-old brother, identified today as Mustafa Ismail, jumped in after her and threw her to shore, into the waiting arms of two older sisters, witnesses said.

One of the sisters onshore – a 13-year-old – noticed her brother struggling in the water and jumped in after him.

Like her brother, she soon was overcome by the cold water and current.

At that moment, fisherman Leonard W. Stevens knew he needed to act as he saw the two siblings floating facedown about 20 feet from shore.

“I realized I had to save a life,” Stevens said.

Stevens managed to pull the 13-year-old sister from the water as he clung to a piece of driftwood, fearing that the river’s current might take his life. He tried for the brother, too, but the teenager, Stevens said, had disappeared into the brown water.

About 45 minutes later, a Buffalo police diver found the young man on the river’s bottom not far from where he had submerged.

A short time after that, the teen was pronounced dead at Erie County Medical Center.

Stevens was described by police as a hero, but the dramatic rescue was tempered by the death of the 17-year-old, who gave his life while saving his little sister.

Weeping, Stevens said, “He’s a hero in my book.”

“I consider Stevens and the brother both heroes for their actions. It’s unfortunate the brother lost his life, but he saved his sister,” Police Commissioner Daniel Derenda said late Monday.

Police said the the famils members are African immigrants, possibly from Somalia.

Stevens was at the river fishing Monday afternoon. He recalled seeing the sisters and brother kicking a ball around.

“There were three sisters and two brothers. Then I happened to see the little 7-year-old slip into the water and her older brother go in after her,” Stevens said, recounting the tragedy he had watched unfold.

Mustafa Ismail jumped into the river and was standing in water 3 feet deep when he snatched up his little sister.

“He grabbed the little girl and threw her to two other sisters on the shore,” said Stevens, a resident of nearby Hertel Avenue in the city’s Black Rock section, who had driven his bicycle to the park for an afternoon of fishing.

Stevens, 45, said the siblings still on the shore were screaming, “Save my brother! Save my brother!”

With his clothes on, Stevens leaped into the river and, hanging onto a log, made his way to the brother and sister still in the water, several hundred feet south of the International Railway Bridge. “I was holding onto a piece of driftwood, and I was able to get the sister and grab her and get her to shore,” said Stevens, who served eight years in the Navy.

Burmese native Halima Be said her husband, Solamal, waded into the water’s edge and grabbed the 13-year-old from Stevens. The sister was placed on her side on nearby grass, and Stevens performed first aid.

“She was gurgling, and I smacked her twice on the back, and she coughed up water and started breathing,” Stevens said.

According to police, the 7-year-old sister was standing “and screaming because she was cold and wet.”

Northwest District police arrived after Be called 911 at 3:01 p.m. with her cellphone, witnesses said.

Moments passed painfully slowly as two divers for the Buffalo police Underwater Recovery Team methodically searched the river’s bottom, just south of a concrete lookout protruding into the river.

Then, at about 3:55 p.m., approximately 45 minutes after the teenager had disappeared below the water, authorities said, a diver emerged.

The 17-year-old was found wedged between a rock and sticks on the riverbed, in a section where the bottom sloped from 8 feet deep to 20 feet, Stevens said police told him.

Stevens helped police and other first responders pulled the unconscious victim up the rocky shoreline.

Frantic efforts to revive the young man began immediately, with only a brief pause to shift the teenager onto a stretcher from a Rural/Metro Medical Services ambulance.

For a moment, when the young man was hauled out of the water, there was a sense of hope.

Stevens, who had been waiting anxiously on the shore, threw his hands up in jubilation as efforts to revive the teen were made.

“I began praying, ‘Lord, you gave him breath at birth, give him breath now.’ His siblings started praying with me,” Stevens said.

“I was hoping they could save him,” added Stevens, the father of three children ranging in age from 16 to 26. “When I went into the water, I was thinking of my own children and how I would want someone to rescue them.”

But it soon became clear that the young man would not regain consciousness, as somber-faced police officers and other rescue personnel walked silently past spectators, moments after the teenager was taken away. He was pronounced dead shortly after arriving at ECMC.

Bruno Lombardo, 20, and Don Plant, 22, said that watching the rescue efforts was heartbreaking.

“It’s crazy,” Plant said.

“I have no words to describe this,” Lombardo added.

One police officer at the scene said the dangers of the river cannot be emphasized enough.

“People don’t understand. You go in that water, you don’t come out,” the officer said. “The current is terrible.”



email: lmichel@buffnews.com

Man gets 18 years for stabbing estranged wife at Buffalo grocery store

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A refugee and one-time cycling champion from an African country was sentenced Monday to 18 years in prison for stabbing his estranged wife last year at a Wegmans store on Amherst Street.

Awet Gebreyesus, 33, of Busti Avenue, also faces deportation to Eritrea, a country in the Horn of Africa, following his prison term. But his lawyer argued against sending him back to his homeland.

“We do believe he will be subject to torture and perhaps execution,” said defense lawyer Andrew C. LoTempio.

Gebreyesus had pleaded guilty to attempted murder. He admitted he stabbed his wife, Luam Abraha, in the head and upper body on Jan. 14, 2012 in the entryway of the grocery store, where the couple was making a custody exchange of their young son.

Prosecutors have said the wound to her skull severed an artery, putting the victim in the hospital for several weeks.

Gebreyesus on Monday appeared before State Supreme Court Justice Deborah A. Haendiges and spoke through a court interpreter. He said he was ready to accept the consequences of his crime but that he did not mean to intentionally harm his wife.

The judge ordered Gebreyesus to stay away from his wife and son for 25 years.

“You are to stay away from both of them,” Haendiges said. “Even if they ... reach out to you, you should have no contact. Do you understand?”

Before sentencing, LoTempio asked the judge to consider giving Gebreyesus 15 years in prison instead of 18. LoTempio sought to clarify the presentencing report that indicated Gebreyesus fled Eritrea to avoid military service.

Gebreyesus, LoTempio said, had been the 500-meter cycling champion for Eritrea.

“He was somewhat of a noted celebrity,” LoTempio said in court.

The Eritrean government thought that those running the country’s Olympic cycling team were involved in a planned coup and questioned Gebreyesus. When Gebreyesus refused to cooperate, he fled the country and ended up in a refugee camp in Ethiopia, LoTempio said.

Gebreyesus’ behavior, however, had become a problem after he suffered a traumatic brain injury from a cycling fall, LoTempio said.

His symptoms were undiagnosed and continued after he resettled in the United States, his attorney said.

“When not medicated, he was completely delusional and thought somebody was trying to poison him,” LoTempio said. “He finally seems to be on the right medication, and he seems to be a kindhearted, soft-spoken man when medicated.”

“We are not using anything I say as an excuse,” LoTempio told the judge, “But there is an explanation to how this developed.”

Rachel Newton, chief of the Erie County District Attorney’s Domestic Violence Bureau, downplayed what she called the “undocumented” and “unconfirmed” brain injury and said Gebreyesus displayed typical domestic-violence behavior.

email: jrey@buffnews.com

After judge vacates guilty plea, jury convicts man of gun possession

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Lewis E. Laster went to prison the first time on a gun charge in 2011, mistakenly believing that his DNA was on the revolver.

When Laster later learned that the DNA belonged to others, he persuaded a judge to vacate his guilty plea and 3½-year sentence.

But after a trial last week, the 22-year-old Northumberland Avenue man now faces an even longer prison sentence for criminal possession of a weapon – this time convicted by jurors swayed by other evidence.

A jury deliberated for 40 minutes before returning a guilty verdict Friday.

“We were surprised the jury convicted him based on the lack of any forensic evidence linking him to the gun,” defense attorney Frank M. Bogulski said.

Laster now could face up to 15 years in prison when sentenced June 27 by State Supreme Court Justice M. William Boller.

Last year, Boller vacated Laster’s earlier conviction after he spent a year in prison, finding his plea to be invalid.

Laster’s previous lawyer, William A. Purks, told Laster that his DNA was found on the weapon, and Purks encouraged Laster to plead guilty, Laster said in an affidavit.

“At no time during the case did … Purks notify the Erie County District Attorney’s Office nor the court that I was excluded as a contributor of the DNA on the gun in question,” Laster said in the February 2012 affidavit. “The basis for my decision electing to plead guilty was based solely on the advice of my attorney who represented to me and my family that my DNA was on the gun.”

Purks could not be reached to comment.

After Laster began his prison sentence in 2011, his family hired Bogul-ski, who reviewed the laboratory report and told Laster that his DNA was not on the weapon.

“The laboratory report clearly indicates that I am not a source of the DNA on the weapon,” Laster said in his affidavit.

After a hearing, Boller vacated the conviction and sentence last Nov. 16, and Laster was released on his own recognizance.

At last week’s trial, Assistant District Attorney Paul J. Williams III emphasized what Laster told police officers at the time of his arrest and discounted the lack of forensic evidence.

“It’s not about ownership,” Williams told jurors of the gun charge against Laster. “It’s not about touching. It’s not about DNA.

“The police found a loaded, operable handgun in the defendant’s car,” Williams said. “Whether someone else shared in the possession of the gun or touched the gun does not matter.”

Police Officer Joseph E. Paszkiewicz testified that on Nov. 20, 2010, he noticed the barrel of a loaded .32-caliber Colt revolver under the driver’s seat between Laster’s legs.

Police had responded to Kensington and Thatcher avenues in the Kensington-Bailey neighborhood after a robbery victim alerted police about the suspected robbers in the area. Laster was not involved in the robbery, but the police officer approached his Pontiac Grand Prix, parked nearby, when the victim pointed out the vehicle to police.

Laster did not say anything about the gun to the officer, who, after noticing it, asked Laster and two others in the car to get out. When other police officers arrived, the officers arrested Laster and the two others.

Police transported the three handcuffed men downtown in a patrol car so they could be booked. During the trip, Laster leaned forward and put his head through an opening in a divider separating the front and back seats.

“It’s my gun; can you let these two go?” Laster said, according to Police Officer Dawn M. Lopez, one of the officers in the patrol car.

Bogulski told jurors that Laster made that remark to protect his teenage brother, who he thought was also under arrest and with other police officers, and his friends. “He implicated himself for a crime he didn’t commit,” Bogulski said. “Family, loyalty and fear is what this case is about.”

Laster later retracted his statement in the patrol car, the defense lawyer said. “He was worried about his friends and his little brother,” Bogulski said after the verdict. “It certainly wasn’t helpful to his defense.”

Bogulski told jurors that “there was DNA from five people on the gun. They did not find Lewis Laster’s DNA on that gun. He’s at the wrong place at the wrong time. I believe the wrong person is on trial.”

District Attorney Frank A. Sedita III said he refused to offer Laster a plea bargain – despite Laster’s requests – after Boller vacated his earlier conviction.

email: plakamp@buffnews.com

Lockport man admits breaking toddler’s arm

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LOCKPORT – A Robinson Road man pleaded guilty Monday in Niagara County Court to throwing a 23-month-old girl while he was baby-sitting her and breaking her left arm.

Michael J. Zinck, 23, admitted to a reduced charge of attempted second-degree assault and could be sentenced to as long as four years in state prison when he returns Aug. 21 before County Judge Sara Sheldon Farkas.

Deputy District Attorney Holly E. Sloma said Zinck became angry with the child, leading to the Dec. 18 incident, which court papers called “non-accidental.”

Man on probation for DWI arraigned on new charge

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LOCKPORT – A Youngstown man who is on probation for a 2009 drunken driving conviction was arraigned Monday in Niagara County Court on a new charge of driving while intoxicated.

Jesse S. Taylor, 36, of Oak Street, pleaded not guilty to felony driving while intoxicated, first-degree aggravated unlicensed operation, failure to signal a turn and criminal possession of a hypodermic instrument.

He was arrested on Oct. 9 in Porter.
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