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Thursday, August 30, 2018

Cattaraugus County District Attorney Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, August 27, 2018:

Arraignments

MICHAEL F. STAFFORD, 34, of Perrysburg, New York, but presently incarcerated in the Cattaraugus County Jail, entered a plea of not guilty to an indictment that charges him with Driving While Intoxicated, a class D felony; Aggravated Unlicensed Operation in the First Degree, a class E felony; Moved From Lane Unsafely, a violation and Failure to Keep Right, a violation.  The incident occurred on April 30, 2018, in the City of Salamanca, when he allegedly operated a motor vehicle on a public highway in an intoxicated condition, knowing his license was suspended or revoked and failed to keep right.  The matter has been adjourned for motions.

DONALD PFAFFENBACH, 37, of South Dayton, but presently incarcerated in the Cattaraugus County Jail, entered a plea of not guilty to Criminal Possession of a Controlled Substance in the Fifth Degree; 2 counts of Criminal Use of Drug Paraphernalia in the Second Degree, class A misdemeanors and Endangering the Welfare of a Child, a class A misdemeanor.  The incident occurred on May 10, 2018, in the Village of South Dayton, when he allegedly knowingly and unlawfully possessed a controlled substance, possessed packaging material suitable for narcotic drugs and knowingly acted in a manner likely to be injurious to the physical, mental, or moral welfare of a child less than seventeen years old.  The matter has been adjourned for motions.

SHELEN BEMISH, 47, of Delevan, New York, entered a plea of not guilty to an indictment that charges her with Criminal Possession of a Controlled Substance in the Second Degree, a class A-II felony; Criminal Possession of a Weapon in the Fourth Degree, a class A misdemeanor and Unlawful Growing of Marijuana, a class A misdemeanor.  The incident occurred on March 29, 2018, in the Town of Yorkshire, when the defendant knowingly and unlawfully possessed preparations containing methamphetamine, possessed a weapon and knowingly and unlawfully grew the plant of the genus Cannabis.  The matter has been adjourned for motions.

DANIEL BEMISH, 52, of Delevan, New York, entered a plea of not guilty to an indictment that charges him with Criminal Possession of a Controlled Substance in the Second Degree, a class A-II felony; Criminal Possession of a Weapon in the Fourth Degree, a class A misdemeanor and Unlawful Growing of Marijuana, a class A misdemeanor.  The incident occurred on or about March 29, 2018, in the Town of Yorkshire, when the defendant knowingly and unlawfully possessed preparations containing methamphetamine, possessed a weapon and knowingly and unlawfully grew the plant of the genus Cannabis.  The matter has been adjourned for motions.

Guilty Pleas

PAUL PARISI, 26, of Allegany, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Sexual Misconduct, a class A misdemeanor and Endangering the Welfare of a Child, a class A misdemeanor.  The incident occurred on July 7, 2018, when Parisi engaged in sexual intercourse with another person without such person’s consent and knowingly acted in a manner likely to be injurious to the physical, mental, or moral welfare of a child less than seventeen years old.  Sentencing is scheduled for October 29, 2018.

CURTIS L. BERKHOUSE, 36, of Bradford, Pennsylvania, but presently incarcerated in the Cattaraugus County Jail, entered a plea of guilty to Arson in the Fourth Degree, a class D felony and Tampering with Physical Evidence, a class E felony, to satisfy a pending indictment.  The incident occurred on January 25, 2016, in the City of Olean, when the defendant intentionally damaged a motor vehicle by starting a fire and believing that certain evidence is about to be produced or used in an official proceeding, suppressed it by an act of concealment, alteration or destruction.  Sentencing is scheduled for October 29, 2018.

HELEN M. WASHINGTON, 75, of Olean, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Welfare Fraud in the Fifth Degree, a class A misdemeanor and Making a Punishable False Written Statement, a class A misdemeanor.  The incident occurred between March 1, 2012 and October 17, 2017, in the City of Olean, when the defendant committed a fraudulent welfare act and obtained public assistance benefits and knowingly made a false statement.  Furthermore, HELEN M. WASHINGTON, was sentenced to a Conditional Discharge with restitution.

Sentencing

MICHAEL C. WALTERS, 27, of Randolph, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to 1 year in the Cattaraugus County Jail for his conviction to Attempted Criminal Sale of a Controlled Substance in the Fifth Degree, a class E felony.  The incident occurred on October 11, 2017, in the City of Salamanca, when the defendant knowingly and unlawfully attempted to sell a narcotic drug.

SHAUN COSTA, 35, of Allegany, New York, was sentenced to 5 years of probation for his conviction to Grand Larceny in the Fourth Degree, a class E felony. The incident occurred between June 10, 2017 and June 17, 2017, in the Town of Allegany, when the defendant stole one or more firearms.

ANGELINE BARNISH, 32, of Olean, New York, was sentenced to a 1 year Conditional Discharge for her conviction to Driving While Intoxicated, a misdemeanor.  The incident occurred on September 30, 2016, in the City of Olean, when the defendant operated a motor vehicle on a public highway while in an intoxicated condition.