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Grand Jury: Man indicted on two felonies, four misdemeanors stemming from DWI incident

By Billie Owens

Brodes J. Gibson is accused of the crime of aggravated unlicensed operation of a vehicle in the first degree, a Class E felony. It is alleged that on Oct. 11 in the City of Batavia, Gibson drove a 2008 Cadillac on Main Street while knowing, or having reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities. Furthermore, Gibson was allegedly under the influence or alcohol or a drug at the time. In count two, he is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license while having three or more suspensions in effect on at least three separate dates -- for failure to answer, appear or pay a fine -- and while under being under the influence. In count three, he is accused of driving while intoxicated as a misdemeanor for driving on Main Street, and the parking lots and driveways of the Batavia Gardens apartments on East Main Street, while he was under the influence. In count four, Gibson is accused of the crime of reckless driving as a misdemeanor for operating the Cadillac in a manner which "interfered with the free and proper use" of Main Street. In count five, he is accused of unlawfully fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. Knowing he had been stopped by police, he then allegedly attempted to flee by driving at speeds which equaled or exceeded 25 mph above the speed limit or engaged in reckless driving. In count six, Gibson is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to a child less than 17; one or more children were present in the courtyard vicinity of the playground at the Batavia Garden apartments at the time he allegedly drove through the courtyard area.

Colton A. Cole is accused of the crime of driving while intoxicted as a Class E felony. On June 20 in the Town of Byron, it is alleged that Cole drove a 2009 Chevrolet on Townline Road while intoxicated. In count two, he is accused of aggravated driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time.

Nimora C. Chong is accused of the crime of grand larceny in the fourth degree, a Class E felony. It is alleged that on Sept. 25 in the Town of Batavia, Chong stole property having a value in excess of $1,000. Chong is accused of stealing $2,650.52 worth of merchandise.

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