methamphetamine

The final two defendants suspected of taking part in a meth lab operation at 28 Clay St., Le Roy, have gotten their get-out-jail-free cards.

Christopher J. Elmore and Koree R. Stephenson appeared in court this afternoon and Judge Robert C. Noonan granted First Assistant District Attorney David Gann's request to release both pending dismissal of the State charges against them by a lower court.

Like their three other co-defendants, Elmore and Stephenson are facing Federal drug charges and will be on supervised release under Federal jurisdiction. Elmore is also facing charges out of Le Roy for allegedly passing fake $10 bills. No bail had been set in that case, and it was not a factor in today's short hearing.

Bail had originally been set at $75,000 on all five defendants. The original state charge against all five was criminal possession of a controlled substance 2nd.

Yesterday afternoon Kari L. Riggi was released in the afternoon and Nathan D. Bernard was granted release in the morning on the State drug charges, though he's still serving a 90-day sentence on another charge. Joshua A. Miller, who appeared in court with his attorney, was already free pending trial but under a noon to 8 a.m. home curfew, which only allows him time to go to work.

At the federal level, all five are charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore also faces an enhanced weapons charge.

NOTE: This post confirms what we first reported yesterday that all five were due for release and that local charges are in the process of being dismissed.

(Billie Owens contributed to this story.)

Now that the five defendants in the Le Roy meth lab case are facing Federal charges, First Assistant District Attorney David Gann anticipates that the State charges filed against them will be dismissed.

The five defendants will be released to Federal supervision, and some of them will be released from county jail.

The first of the five to come up for potential release from county custody was Nathan D. Bernard, who appeared in County Court this morning.

Bernard is currently serving a 90-day sentence on a trespassing conviction.  He is scheduled to be released March 6.  At the request of Gann, Judge Robert C. Noonan released Bernard on his own recognices pending completion of his sentence.

Scheduled for appearances this afternoon are Kari L. Riggi and Joshua Miller.  Riggi is currently in jail on $75,000. She is likely to be released this afternoon. Miller is already out of jail and under the supervision of Genesee County Justice. He is likely to be released to the supervision of Federal authorities.

Tomorrow, Koree R. Stephenson and Christopher J. Elmore are expected to appear in county court to begin the process of being released to Federal supervision, but in Elmore's case, he's also been charged with passing fake $10 bills.

Today, the State's case against Bernard was passed to the lower justice court, where the State charges can be dismissed. This is likely how the cases against the other five defendants will be handled.

Judge Noonan expressed an interest in having Bernard waive his right to have his case reviewed by a Grand Jury within six months of his arrest, but Gann didn't think that is necessary.  If the Federal case is dismissed after that six month period, the DA's office won't be able to refile the State charges. After court, Gann said he is confident in the Federal case.

All five defendants arrested in connection with the suspected meth lab at 28 Clay St. in Le Roy were charged with criminal possession of a controlled substance in the second degree by the DA's office.

At the Federal level, all five where charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore faces the additional charge of possessing a firearm in furtherance of a drug-trafficking crime.

Five people arrested in early December in connection with a suspected methamphetamine lab at 28 Clay St., Le Roy, now face federal charges as well.

Christopher J. Elmore, 31, of 14 St. Marks St., Le Roy, was arraigned in Federal Court in Buffalo on a charge of conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine and possessing a firearm in furtherance of a drug-trafficking crime.

Besides the Genesee County charges resulting from the meth lab raid Dec. 10, Elmore was accused a week later by Le Roy Police with passing fake $10 bills.

Also charged were manufacturing and distribution were:

• Kari L. Riggi, 21, of 28 Clay St.
• Koree R. Stephenson, 22, 6539 Dodson Road, Wyoming
• Nathan D. Bernard, 21, 28 Clay St.
• Joshua A. Miller, 20, 51 Myrtle St.

None of those four defendants face the additional weapons charge, which is an enhancement that can lead to more time in a federal penitentiary.

Elmore, Stephenson, Riggi and Bernard remained jailed in Genesee County on $75,000 bail.

Miller is out of jail under the supervision of Genesee County Justice.

Kari L. Riggi Joshua A. Miller Christopher J. Elmore

The five Le Roy residents arrested this morning in connection with a suspected meth lab at 28 Clay St. have been charged and ordered held in Genesee County Jail on $75,000 bail each.

All five where charged criminal possession of a controlled substance in the second degree.

Sheriff Gary Maha announced this evening that 500 grams of methamphetamine were found at the residence.

Nathan D. Bernard Koree R. Stephenson

Previously:

• Unnamed tipster leads investigators to suspected meth lab in Le Roy
• Five arrested in Le Roy in connection with possible meth lab

A small methamphetamine lab was allegedly discovered at 135 Jackson St. in Batavia earlier today when law officers went there looking for Kenneth W. Mosholder, whose home in Alabama was the target of a 6 a.m. drug bust.

He was arrested on federal drug charges at the Jackson Street house and so was a female acquaintance who lived there. Her name has not been released because Sheriff Gary Maha is awaiting a federal search warrant from Buffalo in order to seize the lab and press charges.

A Batavia police officer is staked outside the residence to keep the scene secure until the warrant can be exercised.

When Mosholder's dumpy place at 789 Lewiston Road in Alabama was raided, 20-year-old Dustin R. Benham of Darien was arrested. Both men are charged with conspiracy to manufacture meth.

A haz mat team has been on location cleaning up the toxic mess as investigators gathered evidence, including chemicals, paraphenalia and guns.

Mosholder's 17-year-old son was also found there and taken to social services for placement.

Other charges may be pending against Mosholder and Benham, who have been transported to Buffalo for arraignment in federal court. The investigation is ongoing as to whether other individuals were involved in the illegal drug operation.

Two Genesee County men face federal charges of conspiracy to manufacture methamphetamine after local law enforcement agents raided a house on Lewiston Road in Alabama this morning.

Because of the toxic nature of the chemicals involved, a haz mat team has been on location all morning conducting clean up while investigators sift through the evidence, which includes chemicals, paraphernalia and guns. Two young men found at the location had to be decontaminated at the scene.

Sheriff Gary Maha announced the arrests at the 789 Lewiston Road residence at 10 a.m..

Taken into custody were Dustin R. Benham, 20, of 10472 Alleghany Road, Darien, who was in the house at the time of 6 a.m. raid. The owner of the home, Kenneth W. Mosholder, 44, was not in the dilapidated house this morning. He was arrested a few hours later at a friend's house at 135 Jackson St., Batavia.

Maha said his office sought federal charges in this case because he wants to send a clear message that the manufacture of meth will not be tolerated in Genesee County.  Meth labs are an epidemic in some rural counties around the nation, including some New York counties.

"This is the first methamphetamine lab in Genesee County that we know of," Maha said. "We want to send a clear message that we'll stop this cancer before it spreads. That's another reason for going for Federal prosecution in this case."

Moshholder's 17-year-old son was also in the house at the time of the raid, but he has not been charged with any crimes at this time. He has been turned over to social services, who will find a place for him to stay. Mosholder could face child endangerment charges, according to Maha.

Other charges may be pending against Mosholder and Benham.

Maha said the lab was small and fairly recent, but officials believe Mosholder intended to grow his alleged production facility. The Sheriff said as far as officials know, the drug was being distributed in Batavia. The investigation is ongoing as to whether other individuals were involved in the distribution.

"At this time we feel it's a relatively small operation," Maha said. "We know he's been living out here for about a year-and-a-half, so it's possible he's been dealing for a year-and-a-half. You'll get a look at the materials and you'll see how big of an operation it is. Even though it's a small operation, we think he was growing the operation based on our intelligence."

Mosholder is reportedly originally from the Genesee County area, but moved to Texas before returning to Alabama in 2008.

According to law enforcement officials on scene, the presence of guns in the house -- where meth was allegedly being manufactured -- could add up to 20 years of prison time to any eventual sentence the defendants receive if convicted.

Responding to the scene this morning to deal with the investigation and clean up were DEA chemists, members of the Genesee County Haz Mat Team, Genesee County Emergency Management, Mercy EMS and the Alabama Fire Department.

Participating in the investigation and arrests were the Genesee County Local Law Enforcement Task Force.

Mosholder and Benham will be arraigned in federal court in Buffalo later today.