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No arrests, five citations at Green Day concert

By Howard B. Owens

There were no arrests at Thursday's Green Day concert at Darien Lake Theme Park.

Five people received citations for alleged underage drinking:

Anne R. Mesmer, 20, of Woodstock Avenue, Tonawanda
Laura E. Hanzly, 20, of Pheasant Run Road, Amherst
Katelyn M. Kibler, 20, of Monarch Drive, Amherst
Melissa S. Deck, 20, of Vine Lane, Amherst
Joelle E. Breidenstein, 20, of Broadmoor Drive, Tonawanda

Police Beat: Man accused of fighting with woman he wasn't supposed to contact

By Howard B. Owens

Darren M. Brooks, 24, of Hawkmeadow Drive, Irving, is charged with criminal contempt,1st, and harassment, 2nd. Brooks was allegedly involved in a fight with a woman while leaving a bar in the area of Sandhill Road, Alexander. Brooks is allegedly barred from having contact with that woman. He was jailed on $5,000 bail or $10,000 bond.

Elysia Marie Summers, 26, of South Main Street, Batavia, is charged with petit larceny. Summers is accused of attempting to shoplift from Kmart. She allegedly filled a large diaper bag with merchandise totaling $332.81.

Saul D. Standsblack, 32, of Parker Road, Alabama, is charged with criminal contempt, 2nd. Standsblack was allegedly involved in a fight at Jim & Bob's Automotive. There are no charges from that altercation; however, Standsblack allegedly had contact with a person he was barred from contacting during the incident.

Lisa Marie Franks, 38, of McDonald Street, Greensville, N.C., is charged with DWI and driving with a BAC of .08 or greater. Franks was allegedly observed leaving the Green Day concert at Darien Lake Theme Park driving in an erratic manner. Franks was followed by a citizen who phoned in a complaint about Franks' driving.

Police Beat: Woman accused of not waiting for son at bus stop

By Howard B. Owens

Michele Case, 45, of North Bergen Road, Bergen, is charged with endangering the welfare of a child. Case is accused of failing to provide supervision for her juvenile son when he got off the bus at his residence.

John H. Holliday, 47, of Batavia, is charged with offering a false instrument for filing. Holliday was charged by State Police for an alleged incident on July 21. No further details were released.

Ray E. Baker, 46, of Batavia, is charged with DWI and aggravated DWI. Baker was stopped by State Police at 8:38 p.m., Sunday, in Stafford.

Store owner helps catch man who allegedly tried to steal adult DVDs

By Howard B. Owens

An apparent attempt to steal DVDs from an adult product store on Ellicott Street led to a search of the Buell Street neighborhood this afternoon.

A Batavia Police officer believed the man ran into a wooded area near train tracks off of Edward Street and the search was called off. 

A short time later, the owner of Pandora's Boxxx, 4818 Ellicott St., Batavia, drove down Edward and spotted a man fitting the description of the suspect.

The store owner remained in his car, called 9-1-1 and followed the suspect down Edward and into the Elmwood/St. Joseph Cemetery.

Uniformed and plain clothes officers from the Sheriff's Office and the Batavia Police Department arrived on scene and at about that time the suspect decided to try to run.

He was apprehended quickly.

The man is identified as Micahel J. Piasta, 30, of East Main Street, Batavia.

He is charged with attempted petit larceny.

The store owner praised his employee for providing an exact description of the suspect to Deputy Chris Parker, who handled the investigation.

(initial report)

Man accused of raping girl and taking pictures

By Howard B. Owens

A 21-year-old Holland Avenue resident has been arrested by Batavia Police and accused of rape.

Detectives say Michael Lanham had consensual (see clarification below) sex one time with a 15-year-old girl, and on another occasion forced himself on her.

Both incidents occurred in July, according to Det. Kevin Czora and Det. Todd Crossett.

Lanham is also accused of taking and possessing explicit pictures of the girl.

He is charged with rape, 1st, rape, 3rd, promoting sexual performance with a child and possessing sexual performance with a child.

Lanham is being held in Genesee County Jail without bail.

CLARIFICATION: The original press release said one of the sex acts was "without consent," and I changed that into "consensual," which legally means something different. The girl, being underage, can't have consensual sex. Det. Czora clarified it this way: "On one occasion, there was no 'force' used, and the charge was based on the ages of the defendant and the victim. On a second occasion, she was considered legally 'physically helpless' and her age was not a contributing factor."

Batavia wallet thief enters guilty plea

By Howard B. Owens

A Batavia man who stole a wallet from a car on Gateway Drive and used credit cards to make purchases at stores on Veterans Memorial Drive is facing two to four years in prison after pleading guilty in Genesee County Court today.

Kyle C. Monroe admitted in court that he stole the wallet and removed a credit card and a debit card, he also admitted to a violation of probation.

Monroe was convicted of possession of stolen property, 4th, on March 9 and is now considered a second felony offender for purposes of sentencing.

Defense Attorney Jerry Ader asked that his client be released under supervision so that Monroe can take care of some personal matters before going away to prison. Ader said that Monroe has been living with his girlfriend on State Street Road and started classes at GCC before his last arrest.

"I won’t forgo the possibility of release, but that doesn’t sound like a promising plan," Judge Robert Noonan said.

Bail on the larceny case is set at $5,000 and bail on the probation violation is $10,000.

Sentencing was set for Sept. 23.

Previous coverage:

Police Beat: Drug charges filed against former Hutchins Street residents

By Howard B. Owens

Eric D. Johnston, 32, no permanent address, and Lisa M. Rugh, 37, no permanent address, are charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Johnston and Rugh were charged in connection with a search warrant executed on March 11 at 13 Hutchins St., Batavia. Charges were pending while awaiting lab results from Monroe County. Johnston and Rugh were issued appearance tickets. (Also, Johnston was reportedly a resident at 13 Ross St. in February where a suspected small meth lab was found.)

Joseph Arthur Ababurko, 35, of Military Road, Niagara Falls, is charged with unlawful possession of marijuana. Ababurko was allegedly found in possession of marijuana while at Darien Lake Theme Park.

A 17-year-old Batavia resident is charged with sexual misconduct. He is accused of having sexual intercourse with a 15-year-old girl.

Mother charged after allegedly making daughter and friend ride in trunk of car

By Howard B. Owens

A Batavia woman is accused of making her 13-year-old daughter and an 11-year-old friend ride in the trunk of her car going to and coming from a bonfire at a friend's house on Old Creek Road this past Friday.

Julie C. Stevens, 57, of 18 Harvester Ave., is charged with two counts of endangering the welfare of a child.

She appeared in Batavia City Court this morning and Judge Michael Delplato required her to take her daughter to the girl's father's house in Perry before imposing an order of protection barring her from contact with the girl while the case is pending.

She was also given time to arrange for representation through the Public Defender's Office.

Stevens is scheduled to appear in city court on Wednesday and enter a plea and receive the order of protection.

In a statement to police, Steven said she had six children riding in her car after they had spent some time playing at the spray park. She said the back seat of her car folds down and there were children sitting on the folded down seats and her daughter and another child in the trunk.

She said they spent two hours at the bonfire.

A mother from Varysburg filed a complaint with city police after one of her children -- who had been left at Steven's house to be babysat -- told her a couple of days later what allegedly happened.

The city court file contains statements from the mother and two of her children, including the 11-year-old boy who was allegedly told to ride in the trunk.

The make and model of Steven's car were not listed in the court file and the information is not available through city police.

The case was investigated by Officer James DeFreze and Officer Jason Davis.

Criminal charge against Scott Doll's sister likely to be dismissed in six months

By Howard B. Owens

An aggravated harassment charged filed against the sister of convicted murderer Scott F. Doll is on the verge of being dismissed.

Dawn Doll, 53, a Sunday school teacher, need only avoid trouble with the law and initiate no contact with a Sheriff's deputy who felt threatened by a card and letter she sent to him on Father's Day.

In six months, if Doll abides by the terms of agreement, the misdemeanor charge will be dismissed.

Several factors figured in the decision by the District Attorney's Office to dismiss the charges, including Dawn Doll's character, the likelihood she will not engage in any future criminal behavior and some possible difficulties in getting a conviction.

"You can certainly make the argument that this is a letter written by a person who was very upset and somebody who is just venting," said Assistant District Attorney Robert Zickl. "You can certainly anticipate a defense attorney making that argument and see her gaining some sympathy."

Zickl said that under the circumstances it was still appropriate to bring the charge against Doll.

"This disposition doesn't signify any dissatisfaction in our office that the charge should not have been made," Zickl said.

Batavia man admits to dealing drugs and now faces prison term

By Howard B. Owens

A lifelong Batavia resident admitted in Genesee County Court this morning that on July 17, 2009 in the parking lot at the corner of North and Bank streets, he sold a quantity of cocaine to an undercover agent.

Dyllon E. Soccio, 20, of 134 Tracy Ave., pled guilty to a single count of criminal sale of a controlled substance, 4th.

Last month Soccio pled guilty to criminal possession of marijuana.

Both felonies carry a maximum sentence of two and a half years in prison. As part of a plea deal, Soccio is eligible to serve the sentences concurrently.

He will be sentenced on Sept. 21.

Dressed nicely in faded light-colored pants and a white shirt, Soccio said little in court today except to answer Judge Robert Noonan's questions.

Soccio was charged in the 2009 sale on July 20, the same day he admitted to possessing marijuana.

The marijuana was found in his residence when it was raided June 23 by the Local Drug Enforcement Task Force. During that raid, agents also found several grams of hallucinagenic mushrooms. Charges related to the mushrooms were waived in exchange for the plea on the marijuana possession charge.

As new anti-DWI program draws near, local company seeks to become vendor for locking devices

By Howard B. Owens

Just about any driver who has been charged with DWI in the past eight months, but hasn't been sentenced yet, should plan on a future of blowing into a tube to start his car.

On Aug. 15, a provision of Leandra's Law goes into effect that will require drivers convicted of DWI to have installed an "interlock" device, which is a piece of equipment that can measure the blood alcohol content of a driver and prevent the car from starting if the BAC is over certain limit.

County officials say, no matter how imperfectly the law was drafted, they're ready for the new regime.

"The way the law was written, it does cause some chaos," said Ed Minardo, director of Genesee Justice. "We'll try to do as we always do in the county and implement it in a way that does not impact the business flow. We'll manage it."

The Probation Department will oversee many of the drivers who will be required to have the devices installed on all personal vehicles, but not all people convicted of DWI are put on probation. Some people are given a "conditional release," which means they get a degree of supervision by Genesee Justice.

Julie Smith, head of probation, said six manufacturers of interlock devices were approved by New York, but the Probation Department was able to set its own criteria for approved devices.

For Genesee County Probation, devices must have a camera to confirm who is blowing into the tube and issue real-time reports to the probation department.

Only two manufacturers currently offer such a device, Consumer Safety Technology, the manufacturer of Intoxalock, and Interceptor Ignition Interlocks.

The Intoxalock is represented in Genesee County by Bill's Auto on Evans Street, Batavia. Interceptor does not yet have a known installer in Genesee County.

Another manufacturer, Smart Start, recently contracted with The Detail Shop, 3875 W. Main St. Road, Batavia, to install its device.

While the Smart Start device lacks real-time reporting, it does have an infrared camera.

Assistant County Manager Frank Ciaccia, who is in charge of the DWI fund (money collected from DWI fines used for anti-drinking-and-driving measures), visited The Detail Shop on Thursday to get a demonstration of the Smart Start Machine.

He said he wanted to fully understand its capabilities and to see whether it will meet county needs.

The Detail Shop owner James Gayton said adding the Smart Start installation to his business's offerings just made sense. The Detail Shop already offers custom installation of sound systems, GPS systems and other similar in-car electronics. He's hopeful his company will soon be added to the approved list for Genesee Justice and possibly County Probation.

Pictured are Ciaccia, front, Gayton to his left, then Nelson Baker and Michael Surujballi, both with Smart Start.

UPDATE: Woman faces two felony charges after allegedly shooting husband in his knee

By Howard B. Owens

A Corfu woman is being held in Genesee County Jail without bail after allegedly firing a .22 caliber rifle several times at her husband Sunday night, striking him once in the knee.

Patricia A. Hardesty, 52, of 3483 County Line Road, Corfu, is charged with one count of assault, 1st, and one count of criminal use of a firearm, 1st.

Her husband, Robert Hardesty, was transported to ECMC where he is listed in stable condition.

UPDATE: The State Police have released more information regarding this incident. Hardesty and her husband reportedly argued all weekend. After the last argument, Hardesty allegedly grabbed a gun from inside the house and went out to the patio where her husband was cooking on the grill and fired several shots at him.

(Initial Report)

Batavia man allegedly tried to outrun law enforcement, until he ran out of gas

By Howard B. Owens

A Batavia man allegedly led Avon and Livingston County law enforcement on a high-speed chase into Genesee County, where he initially evaded detection, according to the Genesee County Sheriff's Office.

A vehicle reportedly being driven by Randy S. Rumble, 27, of State Street, Batavia, was spotted in the Tops gas station in Le Roy and a Sheriff's patrol followed it out of the station and identified it as the same vehicle chased into the county.

Rumble was eventually taken into custody on Morganville Road when his car ran out of gas.

He's been charged with Genesee County with felony DWI, felony driving with a BAC of .08 or greater, felony unlicensed operation, unlawful fleeing law enforcement, failure to yield to emergency vehicle, two counts of failure to stop for a stop sign, unlicensed operation and consuming alcohol in a motor vehicle.

Rumble was arraigned in Town of Stafford Court and jailed on $5,000 bail. Charges are pending in Town of Le Roy, Village of Avon and Livingston County.

At about 7:20 p.m., Avon police notified Genesee County dispatch of a pursuit on westbound Route 20. The pursuit entered Genesee County on Route 20 and continued north on Route 63.

At that point, the Avon patrol broke off the pursuit and lost sight of the vehicle.

A short time later, a citizen called dispatch and reported seeing a car matching the suspect vehicle driving north on Roanoke Road.

It was soon after that that a Sheriff's patrol spotted the suspect car at Tops.

Rumble allegedly drove from Tops north on Keeney Road. After confirming it was the suspect vehicle, the deputy attempted a traffic stop. The car continued on Keeney, onto Randall Road, across Route 237 onto Morganville Road, where it ran out of gas.

Rumble allegedly fled on foot. He was reportedly found a short time later lying in a hedgerow.

Involved in the pursuit and investigation were Sgt. Thomas Sanfratello, Sgt. Greg Walker, Deputy Patrick Reeves, Deputy James Diehl, Le Roy Officer Emily Clark, Trooper Holly Hansel, Avon PD and Livingston County K-9.

Police Beat: Woman reportedly told not to drive, allegedly does, slapped with Leandra's Law felony

By Howard B. Owens

JodyLynn Wetmore, 35, of North Spruce Street, Batavia, is charged with DWI and with a felony count of driving  with a BAC of .08 or greater with a child passenger (in violation of Leandra's Law). Wetmore was reportedly observed at the East Pembroke Mud Races in an intoxicated condition. She was reportedly told by a Sheriff's deputy not to drive. Some time later, she was allegedly observed driving out of the parking lot. Wetmore was stopped at 10:14 p.m., Saturday, by Deputy John P. Weis. Wetmore allegedly had an 8-year-old passenger in the car.

Dean Wilkins, 46, of Route 20, Pavilion, is charged with criminal contempt, 1st, and harassment, 2nd. Wilkins is accused of slapping his roommate, who had an order of protection in place.

James Michael Palladino, 33, of Waterman Street, Lockport, is charged with DWI, driving with a BAC of .08 or greater and no or inadequate headlight. Palladino was stopped at 11:06 p.m., Saturda, on Route 77 in Pembroke by Deputy Patrick Reeves.

Nicholas Anthony March, 23, of Phillips Road, Oswego, is charged with unlawful possession of marijuana. March was stopped for an alleged traffic violation at 1:48 a.m., Sunday, by Deputy Patrick Reeves, who reportedly found a quantity of marijuana in March's car during a search.

Jane Amanda Lachut, 23, of Phinney Road, Hannibal, is charged with unlawful possession of marijuana. Lachut was allegedly found in possession of marijuana during a traffic stop on Route 77, Pembroke, at 1:38 a.m., Sunday, by Deputy Patrick Reeves.

Roberto R. Ayala, 25, of 5 Valleyview Drive, Batavia, is charged with assault, 2nd. Ayala is accused of striking another person with parts of a broken chair during a domestic incident 8:10 p.m., Thursday.

Philip J. Ritter, 56, of Stonehall Road, Rochester, is charged with public lewdness. Ritter is accused of urinating in public at around noon, Sunday, in the area of the town park, Town of Pembroke. He was jailed on $500 bail.

Anne C. Levy, 21, of 21 Prospect Ave., Ithaca, is charged with DWI and speeding. Levy was stopped at 11:51 p.m., Friday, on Pearl Street by Officer Dan Coffey.

Martin F. Jones, 39, of 10 South Main St., Batavia, is charged with exposure. Jones was observed by Officer Thad Mart allegedly urinating in public in Austin Park.

Chrystal Marie Bush, 21, of Oak Orchard Road, Batavia, is charged with petit larceny. Bush is accused of shoplifting at Walmart.

Jonathan Paul Bouter, 26, of Oak Orchard Road, Batavia, is charged with petit larceny. Bouter is accused of shoplifting from Walmart.

Vincenzo M. Delucia, 34, of Rochester, is charged with DWI, a right-of-way violation and refusal to take a breath test. Delucia was stopped by State Police at 11:38 p.m., Saturday, in Darien.

Melessia A. Winkler, 23, of Amherst, is charged with DWI and driving with a BAC of .08 or greater. Winkler was stopped by State Police at 11:10 p.m., Friday, in Darien.

David R. Meier, 51, of Alexander, is charged with DWI, driving with a BAC of .08 or greater, operating without insurance, no license, aggravated unlicensed operation and suspended registration. Meier was stopped by State Police at 7:08 p.m., Thursday, on Alexander Road, Alexander.

Man reportedly shot during domestic dispute in Corfu

By Howard B. Owens

A woman has  reportedly shot a man in his leg during a domestic dispute on Countyline Road, Corfu.

The dispatcher first said the man was in the driveway and the woman inside, now the dispatch is that woman is in the driveway and the man is inside with the gun.

Law enforcement and Mercy EMS are responding.

UPDATE 8:43 p.m.: Police on scene, the .22 has been secured and a tourniquet has been applied to the man's leg.

Fight reported at Pringle and Wood, Batavia

By Howard B. Owens

A fight involving several men was reported at the corner of Wood Street and Pringle Avenue.

A purple van reportedly pulled up to the corner and four young men got out and started fighting with another group of men, and then fled.

Batavia Police have detained four young men with a purple van on Central Avenue.


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Creed concert leads to two arrests, four citations

By Billie Owens

Two men were arrested during the Creed concert Saturday night at Darien Lake Performing Arts Center.

Burton N. Courneya, 30, of Datzedell Lane, Kingston, Ontario, Canada, was arrested for DWI and aggravated DWI for allegedly operating a motor vehicle in the campground at Darien Lake while intoxicated and having a BAC of more than .18 percent. He was arraigned before Justice Gary Graber and then jailed in lieu of $5,000 bail.

Matthew D. Ruggles, 28, of Anderson Avenue, Rochester, was arrested for DWI after allegedly operating a motor vehicle while intoxicated after driving into a ditch in the concert venue's parking lot. He was arraigned before Justice Graber, released on his own recognizance and ordered to appear at a later date.

The following individuals were issued citations for allegedly consuming alcohol under age 21. They are scheduled to appear in Darien Town Court at 5 p.m. on Aug. 22.

Julianne E. Piasecki, 19, of Harding Avenue, North Townawanda

Katelynn M. Piasecki, 19, of Old Creek Road, Alexander

Julia M. Vogt, 18, of Weaver Parkway, North Townawanda

Aaron M. Richards, 19, Meadowbrook Drive, North Townawanda

Eight arrests, 15 citations at Kings of Leon concert at Darien Lake

By Howard B. Owens

The Sheriff's Office announced the following arrests stemming from the Kings of Leon concert at Darien Lake Performing Arts Center on Friday.

Charles M. Christensen, 40, of Admiral Road. Buffalo is charged with disorderly conduct after allegedly fighting with security while being escorted out of the concert venue.

Lucia C. Esquilin, 27, of West Avenue, Buffalo, is charged disorderly conduct after allegedly fighting with security while being escorted from the concert venue.

Maria C. Esquilin, 26, of West Avenue. Buffalo, is charged with disorderly conduct after allegedly throwing a security headset radio into the bushes during an altercation with concert security.

Joanna M. Esquilin, 24, of West Avenue. Buffalo, is charged with disorderly conduct after allegedly fighting with security while being escorted from the concert venue.

Nicholas J. Falanga, 22, of Ellsworth Road. Palmyra, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

(name redacted upon request), 22, of Voorhees Avenue, Buffalo, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

April R. Bauer, 22, of W. Third Street, Oswego, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

Brian C. Nice, 21, of Sagamore Drive, Buffalo, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

The following people were issued citations for alleged underage drinking:

Alexander T. Pavone, 19, of Chestnut Crescent, Rochester
Kelsey L. Atwater, 19, of Kernwood Drive, Rochester
Connor J. Hourihan, 20, of Hartford Avenue, Buffalo
John F. Conklin, 20, of Shelly Road, Livonia
Cory T. Brogan, 20, of Close Hollow Drive, Hamlin
Michael R. Andino, 18, of Murray Street, Mt. Morris
Paul K. Hessel, 19, of Seamen Road, Middleport
Elizabeth D. Greeley, 19, of Lincoln Street, Norwood, Mass.
Britt M. Kostraba, 20, of Fisher Hill Road, Canandaigua
Maggie M. Morrissey, 20, of Creek Road, Rochester
Jessica Y. Davila, 18, of Cross Hill Road, Monroe, Conn.
Stephanie R. Zambito, 19, Lorna Court, Tonawanda
Bryan D. Rowland-Fierro, 18 of N. Grove Street, East Aurora
Julie A. Buss, 20, of Woodland Road, Brackney, Pa.
Gretchen R. Buss, 19, of Woodland Road, Brackney, Pa.

Police Beat: Two men charged in alleged sex crimes

By Howard B. Owens

David D. Homer (photo), 40, of 7 North St., Le Roy, is charged with disseminating indecent material to minors, 2nd, a Class E felony. Homer is accused of sending indecent photographs of himself using a mobile phone to a 17-year-old person. He was arraigned and released under the supervision of Genesee Justice.

Erik P. Roth, 40, of 7595 Bank St. Road, Elba, has been indicted by the Genesee Grand Jury on three felonies and two misdemeanors. Roth is charged with two counts of sexual abuse 1st, course sexual conduct against a child, 2nd, and two counts of endangering the welfare of a child. Roth is accused of having sexual contact with a child under 11 years old. The alleged crimes occurred in Elba between November 2004 and March 2006.

Michael Patrick Tanner, 18, of Hopkins Road, Getzville, is charged with unlawful dealing with fireworks. Tanner is accused of possessing illegal fireworks and shooting them from a car traveling on West Main Street Road, Batavia, at 11:48 p.m., Thursday. Tanner was reportedly later located in East Pembroke.

A 16-year-old resident of Maple Street, Batavia, has been charged with criminal mischief. The youth is accused of punching a hole in the wall of the Department of Social Services at about 8:30 a.m., Thursday. He was arraigned in Town of Batavia Court and jailed on $2,500 bail.

Prison time ordered for man with lengthy criminal record

By Howard B. Owens

A man who admitted in July that he tried to steal a truck from a local car dealership will spend two to four years in prison.

He will also be given a chance at rehabilitation for substance abuse.

Carl Rivers, 41, apparently obtained a 2000 Chevy Silverado from an Oakfield car dealership, drove it until it broke down, and took some money that was supposed to go toward purchase of the vehicle and used it to buy drugs.

Rivers admitted on July 1 to attempted grand larceny, 4th.

For the purposes of sentencing, it was his second felony offense. The first was a burglary charge in Orleans County in 1996. That conviction falls within the 10-year limit for a predicate felony because of time Rivers spent in jail in the intervening years.

Assistant District Attorney Melissa Cianfrini told Judge Robert C. Noonan that Rivers had a lengthy criminal record with numerous arrests in several states, but Public Defender Gary Horton noted that Rivers' arrests in North Carolina and California did not lead to convictions.

Horton said all of Rivers' difficulties with the law can be traced to his substance abuse.

"Mr. Rivers has reached point in life where he knows he must change where he is going," Horton said. "He must address the substance abuse problem or he’s going to spend the rest of his life bouncing in and out of penal institutions, and he doesn’t want that to happen."

Prior to sentencing, Rivers acknowledged he had a substance abuse problem and said he wasn't interested in making excuses.

"I want to deal with my addiction," Rivers said. "I don't want to say being in jail is easy, but doing time isn't hard. Anybody can do it. Dealing with my addiction is what I’m ready to do."

Noonan said it was important to ensure Rivers, with his record, spend some time in prison, but he also ordered him to participate in a CASAT substance abuse program, if he is accepted.

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