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POLICE & COURTS - Niagara

Mental test due woman accused of slaying plot

LOCKPORT -- A judge Tuesday ordered a mental examination for a Clarence woman who is accused of trying to hire someone to kill her neighbors.

Niagara County Judge Sara Sheldon Sperrazza wants to know whether Shirley A. Rybacki, 56, of Millcreek Drive, is mentally competent to stand trial.

The former real estate agent is in Niagara County Jail, charged with second-degree criminal facilitation.

She is accused of meeting three times with a man at Seneca Niagara Casino in Niagara Falls this summer and offering him $1,000 to hurl Molotov cocktails into each door of her neighbors' home so they couldn't escape the fire. The man called police.

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2 deputies not indicted for killing armed man

LOCKPORT -- A Niagara County grand jury has decided no charges will be brought against two Niagara County sheriff's deputies who shot a man to death Aug. 9.

George Lenczewski, 55, was killed Aug. 9 in the driveway of a home on Mountain Road in Royalton, after exiting his car with a pistol in his hand.

District Attorney Matthew J. Murphy III said the grand jury voted not to indict the deputies, whose names have never been disclosed.

Their attorney, Thomas H. Burton, said he thought the incident was a case of "suicide by cop."

"In my view it's pretty clear this guy intended to do himself in," Burton said. "They did everything they could to avoid responding with deadly physical force, but the decedent gave them no choice."

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Falls man accused of molesting 3 children

NIAGARA FALLS -- City detectives arrested a South End man Tuesday night, accusing him of sexually molesting three children younger than 11.

David Aguilar, 55, was charged with three counts of first-degree sexual abuse.

Police declined to list a street address for the suspect.

Detective Celestine Booze said Aguilar was taken into custody at the Public Safety Building on Hyde Park Boulevard just before 8 p.m. He is being held without bail pending an arraignment this morning in City Court.

Booze would say only that the crimes occurred sometime earlier this year.

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Year in jail top penalty for 5 in Sepe drug ring

LOCKPORT -- Niagara County Judge Sara Sheldon Sperrazza sentenced five members of the Mister Sepe's Pizza cocaine ring Monday and Tuesday. The Niagara Falls residents are among 49 people who pleaded guilty in the wake of an 18-month state investigation of the pizzeria on Main Street in that city.

Robert M. Reed, 26, of Monroe Avenue, received a year in jail for fifth-degree criminal sale of a controlled substance.

Douglas R. Waney, 54, of Main Street, was placed on five years' probation for fifth-degree possession of a controlled substance.

Receiving conditional discharges for fifth-degree conspiracy were David M. D'Amico, 45, of 71st Street; David D. Knack, 27, of Ontario Avenue; and Jason P. Gigliotti, 27, of Garrett Avenue.

In addition, Reed and Waney were fined $5,000 each; D'Amico, Knack and Gigliotti were fined $1,000 each; D'Amico must serve 30 days and Gigliotti 20 days in the city work program.

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Motorcyclist eludes Falls police after chase

NIAGARA FALLS -- A man on a motorcycle eluded city police after a high-speed chase Tuesday morning.

A police patrol tried to stop the motorcyclist, who was not wearing a helmet, at 72nd Street and Stephenson Avenue at 10:30 a.m., but the man sped away, Officer Anthony Littere reported.

Police chased the motorcycle around the block and onto the LaSalle Expressway, Buffalo Avenue, River Road, 91st Street and Cayuga Drive until losing sight of him at Cayuga and Williams Road.

Police said they suspect that the motorcycle, a red Yamaha V-Max from the late 1990s, might have been stolen.

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Death threat lands Lockport man in jail

LOCKPORT -- A Town of Lockport man who threatened to kill his ex-girlfriend with a shotgun drew one to three years in prison from Niagara County Judge Peter L. Broderick Sr. Tuesday.

David C. Finsterbach, 29, of Tonawanda Creek Road, had pleaded guilty to first-degree criminal contempt of court. He threatened the woman June 23, 2004, in the Town of Lockport and called her on the phone several times thereafter in violation of a court order of protection.

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