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Wednesday, December 3, 2008

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06/10/08 06:33 AM

Delevan man sentenced for DWI in Cattaraugus County Court

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LITTLE VALLEY — A Delevan man may serve up to three years in prison for driving while intoxicated in the Town of Machias.

Eugene L. Everts, 53, was sentenced by Judge Larry M. Himelein after his Aug. 22 DWI conviction. Everts was arrested with a .12 percent blood alcohol level.

Kip T. Kettle, 38, of Salamanca was sentenced to five years probation and fined $2,500 for his conviction of driving while intoxicated.

Kettle was arrested on Feb. 1 in the City of Salamanca with a .20 percent blood alcohol level, more than twice the legal limit.

He was fined an additional $500 and sentenced to a concurrent three years probation after being convicted of driving without a license.

Wendy A. Austin, 44, of Campbell, was given a three-year conditional discharge and fined $500 after she was convicted of attempting to evade cigarette taxes Dec. 1, 2006, in the Town of Olean, involving the transport of over 10,000 cigarettes.

District Attorney Edward M. Sharkey said several others pleaded guilty and face sentencing Aug. 11.

Joseph M. Phillips, 19, of Olean pleaded guilty to third-degree burglary on Nov. 10 in the City of Olean.

Wilbur L. Fountain Jr., 33, of Olean, pleaded guilty to seconddegree escape on Sept. 18. Fountain, currently serving time in the county jail, escaped from police custody after being charged with a probation violation.

In other cases: Devon R. Rogers, 25, of Buffalo was arraigned and pleaded not guilty to third-degree criminal possession of a controlled substance and fourth-degree criminal possession of a controlled substance Dec. 13 in the City of Olean involving crack cocaine and marijuana intended for sale.

Douglas B. Mason, 37, of Kill Buck, and Alfonso G. Flores, 28, of Olean, both currently serving time in the county jail, each entered not-guilty pleas to a joint indictment charging them with third-degree burglary and two counts of second-degree assault. Mason and Flores were arrested Aug. 18 at a house in the City of Olean for allegedly injuring two people inside.

Flores also pleaded not guilty to two counts of seconddegree menacing in correlation with the same allegations..

Mason is being held without bail. Bail was set at $15,000 for Flores.


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