Sentences handed down in Warren County Court

By JACOB PERRYMAN

jperryman@timesobserver.com

Judge Gregory Hammond handed down sentences for 20 defendants during Warren County Sentence Court Friday.

Hammond issued a bench warrant for Russton Shawn Williams for failure to remain at his sentencing proceeding on counts of driver required to be licensed and reckless driving.

Sentences included those for a Tiona man who committed statutory sexual assault of a teenage girl 12 years younger than himself, a Jamestown man who stole a prescription pad and forged orders he then used in Warren to obtain drugs and a woman with 40 previous convictions for bad checks.

Dustin Lynn Cabisca, 212 Hartwell Rd., Tiona, was sentenced to serve between 14 and 28 months incarceration in a state correctional facility with credit for time served, to submit a DNA sample, to undergo sexual offender counseling, to have a drug and alcohol evaluation, have no contact with his victim and to pay $1,625 in fines and costs for a count of statutory sexual assault.

Prior to sentencing Cabisca, Hammond noted he, “Repeatedly had sexual intercourse with a 15 year-old… when she came over to babysit your grandma, gave her a sexually transmitted disease and threatened to kill her if she reported it.”

“You’ve done nothing up to this point to become a productive member of society,” Hammond added. “It’s clear now you’re a danger.”

Due to the nature of his offense, Cabisca is considered a Megan’s Law offender and required to register as a sexual offender for 25 years.

Charges of involuntary deviate sexual intercourse and corruption of minors were not prosecuted against Cabisca.

Jason Scott Czyz, 76 Shady Ln., Jamestown, NY, was sentenced to serve a total of between 18 months and three years incarceration in a state correctional facility for three counts of violations of the controlled substance, drug, device and cosmetic act (procure for self/other by fraud).

Czyz took pads which he used to forge prescriptions which were used in Warren over a two month period.

“I have a support network here,” Czyz said, asking for a local sentence. “I’ve never been a drug dealer… I don’t belong in state prison.”

“It seems you have a lot of friends in the community… to support you,” Hammond noted before passing sentence. “It’s a shame you didn’t utilize them sooner.”

Hammond sentenced Czyz to serve between six and 12 months in a state correctional facility and a 12 month suspension of driving privileges for each of the three offenses, each to be served consecutively.

Czyz was also sentenced to submit a DNA sample, undergo a drug and alcohol evaluation and to pay $2,425 in total fines and costs. He was given credit for time served.

Two counts of forgery; seven counts of receiving stolen property; seven counts of procure drug for self/other by fraud, forgery, etc. and five additional counts of violations of the controlled substance, drug, device and cosmetic act were not prosecuted.

Ann Marie Hutchinson, 215 East Main St., Youngsville, was sentenced to serve between 10 and 30 months incarceration in a state correctional facility, have no contact with her victim, not to trespass on her victim’s property and to pay $1,697.76 in fines, costs and restitution for a count of bad checks.

Hammond noted Hutchinson has 40 convictions for bad checks across three counties on her record.

“The county system is not working for you,” Hammond said before handing down his sentence.

Other sentences included:

Josue Omar Arce-Roman, 108 1/2 South 4th St., Olean, to serve between 103 days and two years less one day in the Warren County jail with credit for time served, to not enter Wal Mart property and to pay $875 in fines and costs for a count of retail theft.

Tasha Lynn Caylor, 3 Lake St., Jamestown, NY, to two years probation, 50 hours of community service, have no contact with her victim, not to trespass on her victim’s property and to pay $1,950 in fines, costs and restitution for counts of theft by unlawful taking and criminal mischief.

David Elmer Clawson, Jr., 68 Church St., Ludlow, to serve 90 days incarceration in the Warren County jail with credit for time served and a one year suspension of driving privileges for a count of driving while operating privilege is suspended/revoked; to an additional five years in the intermediate punishment program including 90 days of restrictive punishment split between incarceration in the Warren County jail and house arrest followed by a period of probation, attend the alcohol highway safety school and the victim impact panel, undergo a drug and alcohol evaluation, an additional 18 month suspension of driving privileges and perform 50 hours of community service for a count of DUI: Highest rate of alcohol (BAC .16+). He was ordered to pay a total of $2,230 in fines and costs for the counts and an additional count of careless driving.

Adrian C. Jewell, 261 Zolko Rd., Pittsfield, to two years probation, 40 hours of community service and pay $750 in fines and costs for a count of false swearing.

Jeremiah Scott Kay to a 12 month suspension of driving privileges and pay $939.42 in fines, costs and restitution for counts of retail theft and driving while under suspension.

Christian Dennis Liebegott, 131 West Smith St., Corry, to serve between seven days and six months incarceration in the Warren County jail with credit for time served, 50 hours of community service and to pay $2,375 in fines and costs for a count of unlawful killing or taking of big game. Hammond requested Liebegott’s community service be served doing something related to the care of animals.

Nicholas James Lindstrom, 100 Miles Run Rd., Spring Creek, to two years of probation, 75 hours of community service and to pay $1,375 in fines and costs for counts of indecent exposure and corruption of minors.

Mark E. Lundmark, 2470 Rhine Run Rd., Russell, to five years of intermediate punishment the first 30 days incarcerated in the Warren County jail followed by 60 days house arrest and the balance on probation, 30 hours of community service, 18 months suspension of driving privileges, attend the alcohol highway safety school and victim impact panel, follow recommendations for drug and alcohol treatment from his existing provider and pay $2,210 in fines and costs for counts of DUI: Highest rate of alcohol (BAC .16+) and careless driving.

Patrick Lynn Nelson, Jr., 27952 Rt. 6, Youngsville, to serve between 30 days and six months incarceration in the Warren County Jail with 14 days time served, 15 months suspension of driving privileges, 15 hours of community service, attend the alcohol highway safety school and victim impact panel, complete all recommendations from his current drug and alcohol treatment provider, three months suspension of vehicle registration and pay $1,980 in fines and costs for counts of DUI: Highest rate of alcohol (BAC .16+) and required financial responsibility.

In a separate incident, to serve between 72 hours and six months in the Warren County jail, 15 hours of community service, 12 months suspension of driving privileges and pay $1,605 in fines and costs for counts of DUI: General impairment-incapable of safe driving-refusal and driving on right side of roadway.

William Allen Ohmer, 311 Market St., Apt. 5, to five years of intermediate punishment the first 90 days incarcerated in the Warren County jail with credit for time served followed by 90 days of inpatient drug and alcohol treatment followed by six months house arrest or residence in a halfway house and the balance on probation, submit a DNA test, comply with all recommendations from his current drug and alcohol treatment provider and pay $1,625 in fines and costs for a count theft by unlawful taking.

Robin Ostrowski to serve between three days and one year incarcerated in the Warren County jail with credit for time served, undergo a drug and alcohol evaluation, 25 hours of community service, comply with all recommendation of her mental health treatment provider and pay $775 in fines and costs for a count of possession of drug paraphernalia.

Marla Lee Rupp, 1183 Wiants Ln., Hawthorne, to five years of intermediate punishment the first 30 days incarcerated in the Warren County jail followed by 60 days of house arrest and the balance served on probation, an additional 90 days of house arrest, and additional one year of probation, to attend the alcohol highway safety school and victim impact panel, 75 hours of community service, 42 months suspension of driving privileges, comply with all recommendation of her current mental health provider and pay $3,475 in fines and costs for counts of DUI: Highest rate of alcohol (.16+), accident with damage to attended vehicle or property and driving while operating privilege is suspended/revoked.

Gunner James Schenck, 93 Catlin Hill Rd., Sugar Grove, to one year of probation, 25 hours of community service, have no contact with his victim, not trespass on his victim’s property and pay $750 in fines, costs and restitution for a count of theft by unlawful taking.

Harold Allen Simons III, to serve between 43 days and two years less one day incarcerated in the Warren County jail with credit for time served, two years probation, submit a DNA sample, 60 hours community service, have no contact with his victim, not trespass on his victims property and pay $1,715 in fines, costs and restitution for a count of burglary.

Chantilly Lane Thomas, to three years probation, 100 hours community service, submit a DNA sample, comply with all recommendations from current mental health and drug and alcohol treatment providers and pay $1,500 in fines and costs for a count of forgery.

Shelby J. Tyler, to two years probation, 25 hours community service, continue Veterans Administration recommendations for mental health treatment, not trespass on Wal Mart property and pay 42,034.98 in fines, costs and restitution for a count of retail theft.