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Law and Order: Akron man arrested after investigators allege bullet from his firearm struck occupied city house

By Billie Owens

Keith A. Wilkinson Jr., 61, of Quarry Hill Estates, Akron, is charged with: second-degree reckless endangerment; fourth-degree criminal mischief; and discharging a firearm within 500 feet of a dwelling. He was arrested after a joint investigation was completed concerning an incident which occurred at 7:35 p.m. on Nov. 21 at 315 Bank St., Batavia. Investigators from the Batavia Police Department and the NYS Environmental Conservation Police determined that Wilkinson did discharge a firearm within 500 feet of an occupied dwelling at that time. They determined the bullet did strike a home located within the City of Batavia. Wilkinson was due in City Court July 19 to answer the charges. PO Ivison and ECO Wilson were the primary investigating officers in the case, according to the report of Batavia Police Officer Frank Klimjack.

Ronnie W. Engelhardt, 27, of Liberty Street, Batavia, is charged with fourth-degree criminal facilitation, sixth-degree conspiracy, and third-degree false report of an incident. Engelhardt was arrested at 7 p.m. on June 1 and charged due to his alleged part in the false report of a motor-vehicle theft on East Main Street in Batavia in 2014. He was issued an appearance ticket for City Court on July 12 and then released. The case was handled by Batavia Police Officer Thad Mart.

David T. Neuhaus, 29, of Willow Street, Batavia, is charged with fourth-degree criminal facilitation, sixth-degree conspiracy, and third-degree false report of an incident. Engelhardt was arrested at 7 p.m. on June 1 and charged due to his alleged part in the false report of a motor-vehicle theft on East Main Street in Batavia in 2014. He was issued an appearance ticket for City Court on July 12 and then released. The case was handled by Batavia Police Officer Thad Mart.

Justin R. Shaffer, 29, of Gardeau Road, Perry, is charged with fourth-degree criminal facilitation, sixth-degree conspiracy, and third-degree false report of an incident. Engelhardt was arrested at 7 p.m. on June 1 and charged due to his alleged part in the false report of a motor-vehicle theft on East Main Street in Batavia in 2014. He was issued an appearance ticket for City Court on July 12 and then released. The case was handled by Batavia Police Officer Thad Mart.

Paul M. Wieclaw II, 27, of Norton Road, Elba, is charged with first-degree criminal contempt and second-degree burglary. He was arrested on a Batavia City Court Arrest Warrant and jailed without bail. The case stems from an incident which occurred at 1 a.m. July 8 on Ellicott Street, Batavia. He is was due in court today. The case was handled by Batavia Police Officer Stephen Cronmiller.

Jon N. Roblee, 40, of Pearl Street, Batavia, is charged with second-degree harassment. He was arrested after he allegedly had an argument with a coworker at Bob Evans Restaurant on Oak Street in Batavia and threw an item at her. The incident was reported at 7:30 p.m. on July 7. He is due in City Court on July 26. The case was handled by Batavia Police Officer Christopher Lindsay.

John R. Sherman Sr., 38, of Elm Street, Batavia, is charged with second-degree harassment -- physical contact. He was arrested at 5:45 a.m. on July 11 on Elm Street after allegedly pushing another person during a domestic incident. He was jailed on $750 bail. He was due back in court later that afternoon (July 11). The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Matthew Lutey.

Gina Lynn Avino, 41, of Haven Lane, Batavia, is charged with second-degree obstructing governmental adminstration and second-degree harassment. At 2:09 a.m. on July 19 Avion was arrested on Haven Lane on these charges. It is alleged that during the investigation of a domestic incident, she pushed a City Police Officer who was assisting a Sheriff's Deputy on the call. She was arraigned in Town of Batavia Court and released under supervision of Genesee Justice. She is due in Batavia Town Court on Aug. 22. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

Rachellyn G. Burek, 34, of Main Street, Attica, is charged with second-degree criminal contempt. She was arrested due to an incident at 9:30 a.m. on June 9 on Summit Street in Batavia wherein she allegedly had contact with a party protected by an order of protection. She was issued an appearance ticket and is due in City Court Aug. 2 to answer the charge. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Christopher Lindsay.

Nicole A. Mickey, 26, of Colonial Boulevard, Batavia, is charged with felony DWI and speeding. At about 12:47 a.m. on July 10, Mickey was arrested on Richmond Avenue in Batavia as the result of a traffic stop. She was processed at BPD headquarters, fingerprinted and photographed at the jail and then issued itckets. She was due in City Court this morning. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Lutey.

Benjamin G. Evans IV, 27, of Dellinger Avenue, Batavia, is charged with criminal possession of stolen property in the fifth degree. He was arrested on July 11. It is alleged that Evans possessed a bicycle that he knew to be stolen. It was reported stolen at 9 p.m. July 6 on School Street in the city. Evans was issued an appearance ticket for City Court on July 19. The case was handled by Batavia Police Sgt. Christopher Camp, assisted by Officer Christopher Lindsay.

Jeremy M. Fairbanks, 38, of Maple Street, Batavia, is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 7th, and inadequate headlamps. He was arrested at 11:28 p.m. on July 4 on East Main Street in Batavia following a traffic stop. It is alleged that Fairbanks, who was the driver, possessed a quantity of marijuana and another controlled substance in the vehicle. He was due in City Court on July 19. The case has handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Jonathan C. Hoges, 34, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th. He was arrested at 11:29 p.m. on July 4 on East Main Street in Batavia following a traffic stop. It is alleged that Hoges, who was a passenger, possessed a controlled substance while in the vehicle. He was due in City Court on July 19. The case has handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Lonnie J. Ford III, 45, homeless, Batavia, is charged with public lewdness. He was arrested following an incident in Centennial Park at 6:06 p.m. on July 12 wherein he allegedly exposed himself and "urinated approximately on a tree." He was issued an appearance ticket for Aug. 2 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Melissa R. Piazza, 27, of State Street, Batavia, is charged with being in a public park after hours. She was arrested at 12:10 a.m. on July 14 for allegedly entering and remaining in Austin Park after the park was closed. Piazza allegedly remained in the park after being afford the opportunity to leave with only a warning. She was released on an appearance ticket for City Court on July 19. The case has handled by Batavia Police Officer Matthew Wojtaszczyk.

Priscilla M. Donahue, 38, of East Avenue, Albion, is charged with petit larceny. She was arrested after allegedly stealing property from Dollar General on East Main Street in Batavia at 4:09 p.m. on July 11. She was issued a computer-generated appearance ticket for City Court on Aug. 2. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Arick Perkins.

Benjamin Gove Evans IV, 27, of Dellinger Avenue, Batavia, is charged with petit larceny. He was arrested following the investigation into a bicycle that was stolen from outside the Richmond Memorial Library and was reported at 12:30 p.m. on July 9. He was due in City Court on July 19. The bicycle was recovered and returned to the rightful owner. The case was handled by Batavia Police Officer Jason Ivison. 

Michelle L. Misiak, 51, of Union Street, Batavia, is charged with second-degree criminal use of drug paraphernalia. She was arrested at 9:21 p.m. on June 14 following a NYS Parole home visit wherein she allegedly possessed drug paraphernalia. She was due in City Court on July 19. The case was handled by Batavia Police Officer Stephen Cronmiller.

A 17-year-old resident of Batavia was arrested on July 18 for allegedly stealing food and liquor out of a freezer on the front porch of a residence on Manhatten Avenue in the city at 5:40 p.m. on July 16. The youth is due in City Court on Aug. 2. The case was handled by Batavia Police Officer Christopher Lindsay.

A 17-year-old resident of Batavia was arrested at 1 p.m. on July 11 after allegedly found to be in possession of a marijuana pipe. The youth is due in City Court on Aug. 2. The case was handled by Batavia Police Officer James DeFreze.

Robert L. Carney, 24, of Walter Street, Buffalo, was arrested on July 15 after being located by the Genesee County Sheriff's Office at Darien Lake. He was found to have a bench warrant for failure to pay a fine out of City of Batavia and turned over to Batavia Police.. At the direction of City Court Judge Balbick, Carney was released and was due back in court on July 19. The case was handled by Batavia Police Officer Arick Perkins.

Ed Hartgrove

"... determined that Wilkinson did discharge a firearm within 500 feet of an occupied dwelling at that time."

If memory serves me correctly (at my age, sometimes just remembering how to SPELL "memory" can be taxing), didn't the owners of the house return home to discover the bullet hole?

If so, was their home an "occupied dwelling at that time."?

Or, did the BPD and NYS Environmental Conservation Police find that other, nearby "occupied" dwellings eliminated a (possible) "defense loophole", as per the 500' rule?

Just wondering!

Jul 21, 2016, 2:14pm Permalink

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