Lockport Union-Sun & Journal Online

August 2, 2012

Suspected burglar to be screened for diversion

BY JOE OLENICK, joe.olenick@lockportjournal.com
Lockport Union-Sun & Journal

Lockport Union-Sun & Journal —

A Town of Lockport man charged with burglarizing a Kenyon's Variety store on Robinson Road will be screened for the Niagara County Court judicial drug diversion program.

If he is accepted into the program, David B. Tomporowski, 31, Birchwood Drive, would be allowed to plead guilty to second-degree criminal trespass, an A misdemeanor. Niagara County Court Judge Sara S. Farkas said the maximum sentence for that would be three years for probation.

But for those who fail the 18-to-24-month treatment program? 

"Failures go to state prison," Farkas told Tomporowski.

Tomporowski would plead guilty to third-degree burglary, a class D nonviolent felony, which would land him in prison for two-and-a-third to seven years. He will return to court Aug. 23 to find out if he's eligible.

Tomporowski admitted to having an addiction to marijuana and pills, both of which he said he uses on a regular basis. Farkas said she believed Tomporowski may be eligible.

Back in February, according to the arrest report, a burglar alarm at the Kenyon's store sounded, alerting patrols from the Niagara County Sheriff's Office and state police. When officers arrived, they found a side window smashed.

A witness pulling into the parking lot was able give police information on a man who was seen leaving the store and running southbound into the woods. A trooper found Tomporowski leaving the woods onto Dogwood Lane.

Security video showed Tomporowski leaving the store with an 18-pack of beer and four packs of cigarettes. They found the stolen merchandise, as well as a wooden baton, in the woods near Dogwood Lane, the report said.

• In a State Supreme Court case, Robert H. King, 56, of Pendleton, was sentenced to six months in Niagara County Jail and five years of probation for felony driving while intoxicated. King was arrested last July and pleaded guilty in November.

Supreme Court Justice Richard C. Kloch, Sr., said sentencing was delayed so King could attend an alcohol treatment program in Oklahoma. King completed the program with flying colors.

But, this was his fifth DWI conviction, Kloch pointed out. The night he was arrested, King registered a blood alcohol content of .29 percent, more than three times the legal limit.

• Stephen L. Majka, 29, of Niagara Falls, pleaded guilty to felony DWI Thursday before Farkas. Majka, who is facing one-and-a-third to four years in state prison, will be sentenced Oct. 11.

Majka was arrested in April in Lockport after he ran a red light. He also had a previous DWI conviction in 2003.