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NIAGARA COUNTY COURT

Man accused of firing gun arraigned

LOCKPORT, NEWS NIAGARA REPORTER

Published:August 14, 2010, 12:00 AM

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Updated: August 14, 2010, 6:39 AM

LOCKPORT — A man accused of firing a shotgun at the weapon’s owner was arraigned Friday in Niagara County Court.

Deputy District Attorney Doreen M. Hoffmann said John E. McAllister, 22, of 14th Street, Niagara Falls, was caught in the act May 29 while burglarizing a Chapin Avenue home in the Falls.

The homeowner interrupted the burglary, and McAllister fled with the man’s shotgun, turning to shoot at his pursuer before driving off.

The resident, who was not hurt, gave chase in his own car. Police eventually stopped McAllister’s vehicle and discovered a small safe stolen from the home, Hoffmann said.

McAllister pleaded not guilty to two counts of first-degree burglary and single counts of attempted first-degree assault, first-degree reckless endangerment, third-degree criminal possession of a weapon, fourth-degree grand larceny, fourth-degree criminal possession of stolen property and third-degree criminal mischief.

Judge Sara Sheldon Sperrazza ordered McAllister held in lieu of $250,000 bail.

In another case Friday, Richard J. Tomaino, 23, of Ruhlman Road, Lockport, denied charges that he and another man stole stainless steel equipment worth more than $50,000 from a Middleport food processing plant from April 1 to May 10.

Tomaino and Patrick T. Vail, 21, of Franklin Avenue, Lockport, who had pleaded not guilty Thursday, were charged with second-degree grand larceny and seven counts of criminal possession of stolen property.

Assistant District Attorney Joseph A. Scalzo said the men took such items as large kettles stored outside the Niagara Foods plant, hauled them away in Vail’s pickup truck and sold them for scrap at Niagara Metals in Niagara Falls.

Taurian D. Nix, 18, of Jordan Gardens, Niagara Falls, pleaded guilty to two counts of attempted second-degree burglary to settle two indictments. Sperrazza could impose a term of as much as 14 years in prison when she sentences him Nov. 5.

Nix admitted entering two Niagara Falls homes, one on Aug. 11, 2009, on Ontario Avenue and the other Feb. 3 on Michigan Avenue.

Iesha M. Spencer, 19, of Ninth Street, a co-defendant in the Michigan Avenue case, was arraigned Friday, pleading not guilty to second-degree burglary, third-and fourth-degree grand larceny and third-and fourth-degree criminal possession of stolen property.

Assistant District Attorney Susan B. Bjornholm said Spencer went to Atlanta after skipping a June court date in Niagara Falls. She was arrested in Clayton County, Ga., and had to be extradited.

Defense attorney Michael W. McNelis said Spencer left because of a death in her family, but Sperrazza set bail at $100,000.

An arrest warrant was issued for Jamell T. Chapman, 19, of Niagara Avenue, another defendant in the Michigan Avenue burglary who skipped arraignment Aug. 3.

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