Bergen

Guillermo J. Torres-Acevedo is indicted for the crime of second-degree rape, a Class D violent felony. He is an adult accused of engaging is sexual intercourse with a person under 15 years old sometime during October at or near the County Meadows Manufactured Home Community in the Town of Batavia. In count two, he is accused of the same crime during September or October, on a different occasion. In count three, he is accused of the same crime in October while in the parking lot of a hotel in the Town of Batavia. In count four, he is accused of the same crime sometime between Nov. 25 and 26 in the Town of Batavia. In counts five, six and seven he is accused of criminal sexual act in the second degree, also a Class D violent felony, for allegedly engaging in oral sexual conduct with a person under age 15 sometime during October or November in the Town of Batavia on three different occasions. In count eight, Torres-Acevedo is accused of another count of criminal sexual act in the second degree, for allegedly engaging in oral sexual conduct with a person under age 15 sometime between Nov. 25 and 26 in the Town of Batavia. In count nine, the defendant is accused of second-degree kidnapping, a Class B violent felony, for allegedly abducting a person in the Town of Bergen on Nov. 29. In count 10, he is accused of second-degree criminal contempt, a Class A misdemeanor, for intentionally disobeying a court order of protection to stay away from the victim. In count 11, the defendant is indicted for endangering the welfare of a child, a Class A misdemeanor, for acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17. In count 12, Torres-Acevedo is indicted for the crime of first-degree custodial interference, a Class E felony. It is alleged in count 12 that on Nov. 29, the defendant unlawfully took a child from her lawful custodian and removed her from the state. In count 13, he is accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly taking a 2012 Dodge Journey without the owner's consent.

Darius L. Jones is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 22 in the City of Batavia that Jones knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it.

Marquise L. Lee and Derek E. Wilcox are indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on March 27 in the City of Batavia that they knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it.

Christopher L. Burns is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 16 in the Town of Le Roy that he drove a 2014 Fiat on Route 5 while intoxicated. In count two, burns is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, Burns is accused of having been convicted of DWI, as a misdemeanor, on Sept. 24, 2012 in County of Monroe Court and that conviction is within 10 previous to the crimes alleged in the current indictment.

Shah L. Zajic is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 27 in the Town of Le Roy that Zajic drove a 2012 Toyota on Route 19 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In Special Information filed by the District Attorney, Zajic is accused of having been convicted of the crime of DWI, as a misdemeanor, on Feb. 14, 2017, in City of Batavia Court and that conviction is within 10 years of the crimes alleged in the current indictment.

There were dozens of vehicles on display Saturday for the Bergen Park Festival Classic Car Show. Our video features Batavia resident Darell Mase and his 1957 Ford Fairlane.

Saturday residents of Bergen enjoyed perfect weather for the 30th Bergen Park Festival and the annual parade.

Watch for two more videos we'll post later from the Bergen Festival.

Benjamin Santiago Jr., 30, of Jackson Street, Batavia, is charged with petit larceny. After a larceny investigation at Crocker's Ace Hardware in Le Roy, Santiago was arrested May 18 for allegedly stealing $800 worth of tools from the store at 3:25 p.m. on May 14. He was released on an appearance ticket and is due in Le Roy Town Court on June 13. The case was handled by Genesee County Sheriff's Deputy James Stack.

Heather Nicole Holbrook, 34, of Byron-Holley Road, Byron, is charged with: criminal possession of a controlled substance in the seventh degree; endangering the welfare of a child; aggravated unlicensed operation in the third degree; and having an indequate muffler. At 10:08 p.m. on May 16, deputies conducted a traffic stop at the intersection of West Main Street and River Street in the City of Batavia. Following an investigation, Holbrook was arrested. She is accused of operating a motor vehicle while her driver's license was suspended and while in possession of a controlled substance, with two children as passengers. She was issued appearance tickets and is due in Batavia City Court on May 29. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Robert Henning.

Heather Nicole Holbrook, 34, of Byron-Holley Road, Byron, is charged with failure to appear. She was arrested on a warrant out of Batavia City Court and arraigned at 10:58 a.m. on May 17. She is accused of failing to appear in Batavia City Court on May 9. She was released on her own recognizance and is to return to city court on May 29. The case was handled by Batavia Police Officer Peter Flanagan.

Michael David Senay Jr., 25, of Overlook Drive, Batavia, is charged with: third-degree menacing; fourth-degree criminal mischief; criminal obstruction of breathing; unlawful imprisonment in the second degree; and second-degree harassment. At 9 p.m. on May 17, following the investigation of a domestic incident in the Town of Batavia, Senay was arrested. He was arraigned in Batavia Town Court. He is due back in court on June 11. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Lee Christopher Clark, 39, of 8202 Lewiston Road, upper, Batavia, is a convicted sex offender charged with failure to report a change of address/status within 10 days as required. It is alleged that Clark failed to register Internet accounts with the NYS Division of Criminal Justice Services within 10 days. He was transported to the GC Sheriff's Office for processing and released on an appearance ticket returnable to Batavia Town Court on June 4. The case was handled by GC Sheriff's Deputy Travis DeMuth.

Sara Tea Cupler, 26, of Starr Road, Pavilion, is charged with criminal possession of a controlled substance in the seventh degree and unlawful possession of marijuana. Cupler was arrested at 8:33 p.m. on May 18 after a call to the Emergency Dispatch Center for a welfare check on a female unconscious in a vehicle on South Lake Road, Pavilion. Cupler was released on an appearance ticket and is due in Pavilion Town Court on June 4. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Andrew Hale.

Robert G. Whitehead, 28, of Ellsworth Avenue, Batavia, was arrested on a bench warrant out of Batavia City Court on May 13. He is accused of failure to appear in court on Sept. 13, 2012. He was arraigned at 1:54 p.m. and then put in jail in lieu of $1,000 cash bail or $2,000 bond. He was due back in city court on May 16. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Katrina Lynn Drake, 29, of Locust Avenue, Lockport, was arrested on May 21 and charged with trespass. It is alleged that at 5:39 p.m. on May 9 there was a disturbance on Tracy Avenue in Batavia and Drake allegedly went onto a porch and kicked a door. She is due in Batavia City Court on May 21 to answer the charge. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

Bryan Jose Alvarado-Arce, 22, of Studley Street, Rochester, is charged with unlawful possession of marijuana. Alvarado-Arce was arrested at 6:29 p.m. on May 17 after a traffic stop on Townline Road in Bergen. He was a passenger in the vehicle. He was released on an appearance ticket and he is due in Bergen Town Court on June 5. The case was handled by Genesee County Sheriff's Deputy James Stack.

Christian Arieras Wilson, 21, of State Street, Batavia, is charged with promoting prison contraband in the first degree, fifth-degree conspiracy and criminal possession of a controlled substance in the seventh degree. Following an investigation into smuggling contraband into the Genesee County Jail, Wilson was arrested, released on an appearance ticket and is due in Batavia City Court on May 20. It is alleged that Wilson delivered a quantity of a controlled substance into the jail in a concealed manner at 7:30 p.m. on Jan. 19. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Michael Shawn Wahl, 53, of Jordan Avenue, Rochester, is charged with aggravated unlicensed operation of a motor vehicle in the third degree and possessing or transporting or offering for sale unstamped cigarettes. At 10:32 p.m. on May 10, following a traffic stop on Indian Falls Road in Pembroke, Wahl was arrested. Allegedly, he was driving a motor vehicle and his driver's license was revoked and he possessed unstamped cigarettes for sale. He was issued an appearance ticket and is due in Town of Pembroke Court on May 28. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Jenna Ferrando.

Tammy Kay Zasowski, 51, of Clinton Street, Elma, is charged with petit larceny. Following an investigation of a larceny on Shanks Road on the Tonawanda Indian Reservation, Zasowski was arrested. It is alleged that she stole cigarettes at noon on May 3. She was released on an appearance ticket and is due in Alabama Town Court on June 5. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Ira Leroy Mercer, 72, of Oakwood Road, Rochester, is charged with possession of unstamped cigarettes for sale. At 10:32 p.m. on May 10, Mercer was arrested on Indian Falls Road in Pembroke following a traffic stop. He allegedly possessed unstamped cigarettes that were for sale. He was issued an appearance ticket and is due in Town of Pembroke Court on May 28. The case was handled by Genesee County Sherjiff's Deputy Joshua Brabon, assisted by Jenna Ferrando.

Ramon S. Gilliam, 44, of Main Street, Le Roy, is charged with unlawful possession of marijuana, aggravated unlicensed operation of a motor vehicle in the third degree, and having an uninspected motor vehicle. Gilliam was arrested following a traffic stop for uninspected vehicle at 9:04 a.m. on May 10 on East Main Street Road in Batavia. He is due in Batavia Town Court on May 23. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Ryan Young.

Joshua Dale Thomas Jr., 34, of Post Avenue, Rochester, is charged with criminal possession of marijuana in the fourth degree. At 12:29 a.m. on May 11, Thomas was arrested on Route 490 in Le Roy. He was the passenger in a motor vehicle stopped for alleged vehicle and traffic violations. "During the stop criminal indicators were observed which led to a subsequent search of the vehicle and its occupants." Thomas was allegedly found in possession of more than two ounces of marijuana. He was issued an appearance ticket for Town of Le Roy Court and is due there on June 4. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Thomas Sousa, 55, of 7th Avenue, St. Petersburg, Fla., is charged with unlawful possession of marijuana. At 2:51 a.m. on May 10 on South Lake Road in Bergen, Sousa was arrested after a traffic stop for alleged vehicle and traffic violations, which included failure to keep right. He was issued appearance tickets and is due in Bergen Town Court on June 19. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Erik Andre.

BERGEN – The Village of Bergen has received its second award for restoring and repurposing a historic building in the village.

Mayor Anna Marie Barclay has announced they have been notified that the New York State Conference of Mayors has selected Bergen as winner of NYCOM’s Local Government Achievement Award for 2019. The awards program, in its 32^ndyear, recognized the village for its Sage Pavilion. 

The Sage Pavilion in January also earned Bergen the honor of being named the American Public Works Western New York Project of the Year.

Schenectady Mayor Gary McCarthy, president of NYCOM, said in a press release, “The Village of Bergen is to be commended for its desire to improve the village through innovation and efficiency.

"The Sage Pavilion Project will benefit Bergen for years to come and is just one example of how local officials continue to work diligently to enhance their communities and the quality of life for their residents. Congratulations to Mayor Anna Marie Barclay on this important accomplishment.”

 The Sage Pavilion was formerly an old, deteriorating water pump building, which the village rehabilitated into an all-season pavilion, which has now become the hub of the community, the mayor said.

In its first year after restoration, 65 events were hosted at Sage Pavilion, providing a versatile gathering space at a fraction of what it would have cost the village to build new.

Other winners of NYCOM’s Local Government Achievement Award for 2019 were the villages of Ellicottville and Rockville Centre and the cities of Corning, Poughkeepsie and Syracuse. 

The awards were presented May 5 at NYCOM’s annual meeting in Cooperstown. NYCOM represents 573 cities and villages in New York State.

There is smoke reportedly coming from a wall both inside and outside at 6280 Clinton Street Road, Bergen.

Bergen fire, along with Stafford and South Byron dispatched.

UPDATE 3:32 p.m.: The fire was apparently contained within a wall. It appears to be out. Checking for extension.

A two-car accident with injury is reported at Route 33 and Route 19, Bergen.

Traffic is blocked.

Bergen fire, Bergen ambulance, and Mercy EMS dispatched.

UPDATE 11:41 a.m.: A first-responder on scene reports no injuries but vehicles are blocking.

A one-vehicle accident with injuries and entrapment is reported in Bergen on West Sweden Road at Evans Road. Bergen Fire Department is responding, along with Mercy medics.

UPDATE 3:36 p.m.: The patient was extricated and is being transported to Strong Memorial Hospital.

Todd M. Englerth is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Nov. 20 in the Town of Le Roy that Englerth knowingly possessed a dangerous knife or instrument -- metal knuckles, and he had previously been convicted of a crime. In count two he is accused of second-degree assault, a Class D violent felony, for allegedly intentionally trying to prevent a Le Roy police officer from performing a lawful duty and causing physical injury to the officer. In count three, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Englerth attempted to prevent a public servant from performing an official function by means of intimidation, physical force or interference. In count four, the defendant is accused of resisting arrest, a Class A misdemeanor. In count five, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing cocaine weighing an 1/8th ounce or more.

Heyward Clark AKA Heywood Clark is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 27, 2016 that Clark knowingly entered into a building on School Street in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing personal property and U.S. currency that day. In count three, he is accused of third-degree criminal mischief for allegedly damaging property belonging to another person that had a value of more than $250 -- a window. In count four, Clark is accused of another count of third-degree burglary for allegedly unlawfully entering a garage on Porter Avenue in the City of Batavia sometime between Oct. 27 and Oct. 31, 2016. In count five, he is accused of another count of petit larceny for allegedly stealing a circular saw and battery from a person after entering the garage. In count six, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property at the garage -- a window.

Felix Cabrera-Lopez AKA Felix Cabrera is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on March 6, 2018, on South Lake Street in the Town of Bergen that Cabrera-Lopez drove a 2001 Honda while his driver's license was suspended or revoked. He had in effect at the time 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine: Jan. 31, 2008; Dec. 31, 2011; Oct. 5, 2012; March 27, 2014; Oct. 16, 2014; Jan. 7, 2015; June 9, 2015; May 12, 2016; Sept. 10, 2016; July 25, 2017 -- all in Monroe County.

A motor-vehicle accident is reported in Bergen at Clinton Street Road and South Lake Road (routes 33 and 19). Bergen Fire Department is responding along with an ambulance.

UPDATE 3:27 p.m.: Units responding can come in non-emergency mode.

Jerrol P. Newell, 49, of East Main Street, Corfu, is charged with: driving with a BAC of more than .18 percent; driving while intoxicated; following too closely; leaving the scene of a property damage accident; and unlicensed operation. Newell was allegedly driving on Route 33 when his pickup truck struck another car in the area of Wortendyke Road. The defendant did not stop and continued traveling west on Route 33. The operator whose vehicle was struck followed the pickup and called 9-1-1. Newell was arrested following an investigation then released on appearance tickets. Newell is due in Batavia Town Court on May 16. The case was handled by Genesee County Sheriff's Sgt. Ron Meides, assisted by Deputy Kevin McCarthy.

Frank L. Morrison, 37, of Bank Street, Batavia, is charged with second-degree harassment. Morrison was arrested for allegedly spitting on his neighbor following a verbal argument at 2:38 p.m. on April 13 on Bank Street in Batavia. He is to be arraigned in Batavia City Court on April 30. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Eric Scott Dawson, 29, of 4 N. Spruce St., upper unit, Batavia, is a convicted Level 2 sex offender who is charged with four counts of failure to register a change -- first offense. He is on parole and was being held in Genesee County Jail on a parole violation at the time of his arrest on April 11. Following his arraignment, he was put back in jail on $2,500 bail and is due in Batavia City Court on May 9. The case was handled by Batavia Police Det. Eric Hill.

Leanne Marie Tucker, 47, of Shawnee Road, North Tonawanda, is charged with petit larceny and endangering the welfare of a child. At 6:15 p.m. on April 9, Tucker allegedly stole merchandise from a department store on Veterans Memorial Drive in Batavia while in the presence of a person under the age of 17. She was released on an appearance ticket and is due in Batavia Town Court on May 6. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kevin Forsyth.

Kara B. Sass, 24, of Coward Road, Byron, is charged with petit larceny. Sass was arrested on April 10 at 7:51 p.m. on an arrest warrant out of Batavia City Court. She was arraigned, then released under supervision of Genesee Justice. She was due back in court on April 11. The original charge stems from a shoplifting complaint at Tops Market in Batavia at 12:53 a.m. on March 30. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Amanda Lyle Mcewan, 25, of South Main Street, Batavia, is charged with: unlawful possession of marijuana; operating a motor vehicle without stop lamps, and operating a motor vehicle without a proper license. At 11:45 p.m. on April 13, Mcewan was arrested on Clinton Street in Batavia following a traffic stop during which a quantity of THC oil was allegedly found in her possession. She is due to return to Batavia City Court on April 24. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Sgt. John Baiocco.

Ryan James Monnell, 31, of East Oneida Street, Baldwinsville, is charged with unlawful possession of marijuana and a muffler violation. At 1:39 p.m. on April 9, Monnell was stopped on South Lake Road in the Town of Bergen following the observation of a vehicle and traffic violation. It is alleged that Monnell possessed a quantity of marijuana at the time. He was issued an appearance ticket and is due in Town of Bergen Court on May 8. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

He's been in jail since November, accused of taking an underage girl away from her home in Bergen on Nov. 29 and driving her to Pennsylvania.

Torres-Acevedo was arraigned in Federal Court in Buffalo today on a new charge: transporting a minor across state lines for the purpose of engaging in sexual activity.

The defendant is already charged with custodial interference in the first degree, criminal contempt, 2nd, endangering the welfare of a child, plus grand larceny, 3rd, and unauthorized use of a motor vehicle for allegedly stealing the Dodge Journey he is accused of using to transport the girl.

At the time of the November incident, an Amber Alert was issued for the girl, who was later found with Torres-Acevedo at a Walmart in Mansfield, Pa., through a geolocation ping of her mobile phone.

Torres-Acevedo was arrested in Pennsylvania without incident and the girl was returned to her parents.

The girl and Torres-Acevedo knew each other and Torres-Acevedo had already been arrested in connection with his relationship with the girl and issued a stay-away order, which he allegedly violated, leading to a criminal contempt charge.

UPDATE 7:45 p.m.: Press release from U.S. Attorney's Office in Buffalo:

U.S. Attorney James P. Kennedy Jr. announced today that Guillermo Torres-Acevedo, 23, of Batavia, was arrested and charged by criminal complaint with transporting a minor across state lines for sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and $250,000 fine.

Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, states that according to the complaint, on Nov 29 the Genesee County Sheriff’s Office received a report regarding a missing 14-year-old girl (Victim 1). Surveillance video from Byron Bergen Junior/Senior High School showed Victim 1 exiting a school bus at the school and walking to a blue vehicle and leaving the property. Victim 1 had recently been romantically involved with the defendant.

As a result of this, Torres-Acevedo was arrested and charged by the New York State Police three days prior on Nov. 26 with second- degree rape and second-degree criminal sex act. An order of protection was also issued against the defendant.

Further investigation determined that on the morning of Nov. 29, Torres-Acevedo took his mother’s vehicle against her wishes. The vehicle matched the vehicle that Victim 1 was seen to get into in the surveillance video. As a result, an Amber Alert was issued.

Investigators traced Torres-Acevedo and Victim 1 to a truck stop in Pennsylvania. The Pennsylvania State Police were contacted and located Victim 1 and the defendant in the parking lot of a retail store. Torres-Acevedo was taken into custody, and Victim 1 was returned to her parents.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The complaint is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

A resident is reportedly burning leaves and the fire is blowing toward a field, according to a caller.

Bergen fire was dispatched to a "burn-ban violation." 

Open burning is prohibited in New York until May 14.

UPDATE 2:04 p.m.: A Bergen chief reports no fire. Bergen assignment back in service.

A one-acre brush fire is reported in the area of 7958 Townline Road, Bergen. Bergen Fire Department is responding along with a brush truck from Byron.

A two-car accident is reported at 7484 W. Bergen Road, Bergen. There are injuries and it is blocking traffic. The location is in front of Bethel Baptist Church, between Gilbert and Lyman roads. Bergen Fire Department and Mercy medics are responding.