Portville Man Receives 20-Year Sentence For Assault

LITTLE VALLEY – A Portville man convicted of assault was sentenced to 20 years in the New York State Department of Corrections.

Anthony J. Nevone, 46, was convicted of first-degree assault following a July 13, 2013 incident in which he caused serious physical injury to another person.

The sentence, reported on Aug. 4 by Cattaraugus County District Attorney Lori Pettit Rieman, was the first of many revealed at the Cattaraugus County courthouse.

Ricky S. Schwab, 54, of Yorkshire was sentenced to 3 years of probation for third-degree assault and 5 years of probation for second-degree attempted criminal possession of a forged instrument. The incident occurred between December 2010 and December 2013 in Yorkshire, when Schwab recklessly caused physical injury to another person and intentionally defrauded.

Joshua D. Evans, 33, of Bolivar was sentenced to 5 years of probation, with an ignition interlock device for 5 years and a revoked driver’s license for a year. The incident occurred on or about Nov. 17, 2012, in Olean, when Evans drove a vehicle on a public highway intoxicated.

Derrek M. Eschenbach, 24, of Freedom was sentenced as a predicate felony offender to a term of 1 to 3 years in the New York State Department of Corrections. The incident – attempted promoting a sexual performance by a child – occurred in June 2013 in Allegany.

Patrick C. Shearer, 43, of Olean was sentenced to a conditional discharge for a year, ignition interlock device for 6 months and a revoked driver’s license of a year. The incident occurred on or about Jan. 25, 2014 in Allegany when Shearer drove a vehicle on a public highway intoxicated.

The following individuals entered guilty pleas:

Robert A. Harris, 28, of Buffalo pleaded guilty to fourth-degree criminal possession of a controlled substance. The incident occurred on or about Sept. 6, 2013, in Salamanca, when Harris acted jointly and in concert with another individual, each aiding and abetting the other and knowingly and unlawfully possessing a narcotic drug with the intent to sell it. Sentencing is scheduled for Nov. 17.

Carol L. Spitale, 26, of Olean pleaded guilty to fourth-degree criminal mischief. The incident occurred on or about Jan. 17 in Olean, when Spitale intentionally damaged property belonging to another person. Sentencing is scheduled for Oct. 6.

Vernon Pierce Jr., 18, of Steamburg pleaded guilty to third-degree criminal mischief and obstruction of governmental administration. The incidents occurred on or about July 3 in Coldspring, when Pierce intentionally damaged property and obstructed law enforcement officials from performing an official function. Sentencing is scheduled for Oct. 6.

Robert H. Lytle, 20, of Cuba pleaded guilty to third-degree burglary to satisfy a pending indictment. The incident occurred on or about Sept. 20, 2013 in Allegany, when Lytle knowingly entered or remained unlawfully in a building with intent to commit a crime. Sentencing is scheduled for Nov. 17.

The following individuals were arraigned:

Pierre N. Morgan, 30, of Buffalo was arraigned and pleaded not guilty to an indictment that charges him with two counts of third-degree criminal possession of a controlled substance and fourth-degree criminal sale of a controlled substance. The indictment charges that on or about Jan. 9 in Olean, Morgan knowingly and unlawfully possessed and sold a narcotic drug.

Watson Cooper, 21, of Salamanca was arraigned and pleaded not guilty to an indictment that charges him with second-degree assault. The indictment charges that on or about Dec. 20, 2013 in Salamanca, Cooper caused physical injury to another person.

On July 21, the following sentences were revealed:

Jonathan A. Masters, 26, of South Dayton was sentenced to 5 years probation and a mandatory state surcharge for his conviction of third-degree criminal possession of a controlled substance. The incident occurred on or about June 29, 2013 in Dayton, when Masters knowingly and unlawfully possessed a narcotic drug with intent to sell it.

Lori J. Miller, 48, of Machias was sentenced to 3 years of probation, with an ignition interlock device for 6 months and revoked driver’s license for 6 months. The incident occurred on or about Oct. 13, 2013, in Machias when Miller drove a vehicle on a public highway intoxicated.

The following individuals entered guilty pleas:

Frank S. Bergholtz, 37, of Machias pleaded guilty to driving while intoxicated and second-degree aggravated unlicensed operation. The incident occurred on or about Nov. 16-17, 2013 in Yorkshire, when Bergholtz drove a vehicle on a public highway intoxicated and with suspended driving privileges. Sentencing is scheduled for Sept. 22.

Michael L. Hitchcock, 29, of Olean pleaded guilty to second-degree attempted criminal possession of marijuana. The incident occurred on or about Nov. 29, 2013 in Great Valley, when Hitchcock knowingly and unlawfully attempted to possess one or more preparations, compounds or mixtures containing marijuana with an aggregated weight of more than 16 ounces. Sentencing is scheduled for Nov. 3.

Kelley L. Hendryx, 50, of Olean waived indictment and pleaded guilty to fourth-degree welfare fraud and fourth-degree grand larceny. The incident occurred between August 2008 and March 2013 in Olean, when Hendryx committed a fraudulent welfare act and obtained public assistance benefits that exceed $1,000. Sentencing is scheduled for Sept. 22.