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February 21, 2017 - 5:06pm
posted by Billie Owens in crime, news, Le Roy, Alabama, corfu.

Billy Joe Trantham, 78, of Bloomingdale Road, Alabama, is charged with forcible touching. On Feb. 18, following the investigation of a sex offense that allegedly occurred in the Town of Alabama, Trantham was arrested. He allegedly touched the intimate parts of another person without the person's consent. He was released on an appearance ticket and is to be in Alabama Town Court at 2 p.m. on March 2. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Kevin Forsyth.

A complaint that a vehicle allegedly ran another vehicle off the road almost causing an accident, on Route 19 in Le Roy, led to a traffic stop of 32-year-old Brandon S. Beil, of 6370 Hawks Road, Pavilion by the Le Roy Police Department. The complaint was received on Saturday Feb. 18 about 7 p.m., at which time the Le Roy Police Department started looking for Beil’s vehicle and located it on Clay Street where the vehicle stop was initiated. During the stop, it was determined that Beil was allegedly intoxicated; he was uncooperative during the arrest process and allegedly struggled with the officers at the scene. Beil allegedly refused all field testing and the chemical test. Beil was charged with one count each of inadequate head lights, felony driving while intoxicated (with previous conviction within 10 Years), refusal to take the breath test, failure to keep right and resisting arrest. Beil was arraigned before the Le Roy Town Court and committed to the Genesee County Jail in lieu of $5,000 cash bail.     

On Feb. 15, the Village of Le Roy Police Department arrested 48-year-old Joseph A. Hogan, of 78 Lake St., Le Roy, charging him with one count of criminal possession of stolen property in the third degree, a Class D felony. An investigation started on Feb. 2nd, when the Le Roy Police received a call about an abandoned vehicle on Genesee Street in the Village. It was learned this vehicle, a 2005 ford F-250 pickup truck valued at more than $3,000, was reported stolen the previous Saturday from the Town of Sweden, Monroe County. During the investigation it was alleged that Hogan unlawfully possessed the stolen vehicle as he was driving it in the Village then abandoned it at the Genesee Street location. Hogan was arraigned in the Town of Le Roy Court and put in Genesee County Jail without bail pending a future court appearance.

A 16-year-old who lives on Main Road in Corfu is charged with second-degree aggravated harassment following a harassment investigation at Pembroke High School at noon on Feb. 7. The defendant was arraigned in Town of Pembroke Court and is to appear in court March 2. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

February 21, 2017 - 4:09pm
posted by Howard B. Owens in crime, batavia, news.

Next month, nearly a year after he was arrested and accused of menacing a police officer, Bill Thomas will find out when his jury trial on the two felony charges against him begins.

Thomas withdrew his prior guilty plea to a count of criminal possession of a weapon, 3rd, today. He was also charged with menacing a police officer, a Class D violent felony.

He was arrested March 16. He will next appear in court on March 13.

In the intervening months, he's been through three attorneys, was about to start a jury trial but then entered a guilty plea on the day the trial was supposed to start, then at his first sentencing date, tried to withdraw his plea. That wasn't allowed and then again, last week, appeared for sentencing only to learn from Judge Michael Mohun that there was a procedural error by the court when his guilty plea was accepted.

Thomas was given time to confer with his attorney, his family and think over his options, which included withdrawing his plea and taking his case to a jury or sticking with his guilty plea and accepting whatever sentence Mohun might impose.

This afternoon, Mohun granted Thomas his request to withdraw his prior guilty plea.

Attorney Jamie Welch said he doesn't discuss ongoing cases and declined to say why Thomas decided to withdraw his plea.

One salient fact that came out last week at the sentencing hearing, before Mohun put a stop to it, was that even though Officer Peter Flanigan said he was threatened by Thomas while Thomas was holding a knife, there was no knife recovered on or near Thomas after he was arrested.

Four hours after the confrontation, Thomas was found to have a BAC of .22 and said he had few memories of events that early morning on State Street, but maintained he wouldn't have threatened a police officer, according to statements Welch made in court last week.

February 21, 2017 - 3:01pm
posted by Julia Ferrini in genesee county, crime, accident, news, Stafford.

The Genesee County Sheriff’s Office filed charges Feb. 16 against Nicole K. Sullivan in relation to a one-car accident that occurred during the early morning hours of June 10.

Sullivan, 31, of Perry, is charged with: falsely reporting an incident in the third degree; unlicensed operator of a motor vehicle; aggravated unlicensed operation of a motor vehicle in the third degree; operation of an unregistered motor vehicle; failure to notify the Department of Motor Vehicles of change in address; no seat belt; and driving left of pavement markings.

On June 10, at approximately 2:25 a.m., an accident on Fargo Road, Stafford, was reported. When deputies arrived on the scene, they say they found a male, later identified as Zachery W. Schwartz, 20, unresponsive in the vehicle and a female, Sullivan, on the front porch at a nearby home.

At the time, Sullivan told officers that there was a third occupant, who was driving the car, and fled the scene, traveling north on Fargo Road.

Schwartz was flown via Mercy Flight 5 to Strong Memorial Hospital, Rochester, for extensive head injuries. Sullivan was taken via Mercy ambulance to Strong for head and leg injuries.

Fire personnel conducted a thorough search on foot of the surrounding areas using FLIR Technology (thermal imaging) in an attempt to locate the unknown driver involved in the crash. The New York State Police assisted by maintaining a roving perimeter of the area. Area hospitals were also notified to call the Genesee County Sheriff’s Office if they received any potential car accident patients.

Approximately three hours after the accident was reported, Sullivan admitted to police that she and Schwartz were the only occupants in the vehicle and she was the driver.

The charges stem from the allegation that Sullivan was in fact the driver of the car at the time of the collision and she gave false information concerning the details of the incident. It is further alleged that there was not an unknown driver of the car who fled the scene as originally reported by Sullivan.

Assisting at the scene of the accident included Stafford, Batavia, and Le Roy fire departments, Genesee County Emergency Management, and Mercy medics.

For original post, click here.

February 21, 2017 - 2:22pm
posted by Billie Owens in crime, news, batavia.

About six people are said to be fighting outside the Batavia Meadows apartment complex at 4112 W. Main Street Road, near apartment B1. Law enforcement is responding.

February 20, 2017 - 3:08pm
posted by Howard B. Owens in crime, batavia, news.

wantedfeb20_08.jpg

Investigators are looking for help in identifying three individuals involved in a theft from Target and an attempted theft from Game Stop on Veterans Memorial Drive.

The three individuals entered Game Stop at 6:46 p.m., Feb. 15, and while two of the men distracted a store employee, a third went behind the counter and attempted to gain access to the safe. 

It was locked.

The three men then went to Target, stole a magnetic unlocking device, and then stole about $800 in Beats headphones.

They then left in a gold Honda Odyssey. No plate number could be obtained.

Investigators checked with other stores in the area but no similar incident was reported at those stores.

One suspect was wearing pink shoes and a Coca Cola jacket.

People with information that may assist investigators can call Investigator Chad Minuto at (585) 345-3000.

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February 17, 2017 - 12:01pm
posted by Howard B. Owens in crime, byron, bergen, news.
      Scott Lamagna

Calling Scott Lamagna's participation in an attack on a patron of Playmates in Byron "brutal" and "senseless," County Court Judge Charles Zambito rejected the idea of a probationary sentence and sent him to state prison for three and a half years.

"I can't put you on probation or give you a community-based sentence and be confident the community will be safe," Zambito said. "I don't know what will set you off."

Lamagna and his brother Jonathon attacked a patron in the parking lot of the strip club. The attack stemmed from a barroom disagreement. After beating the victim, the owner of Playmates tried to assist the man, whom she found in the parking lot lying in a pool of his own blood, by dragging him onto the porch. Zambito noted that Scott and Jonathan then renewed their attack. Jonathan kicked the victim in the ribs and Scott kicked him in the head, both kicks caused serious injuries.

The brothers then left the scene, stopped at the 7-Eleven in Bergen, where they attacked two other people.

"Mr. Burns (defense attorney Thomas Burns) did his best to try and convince me I should give you a chance out in the community, but I'm not convinced," Zambito said.

Burns argued that his client is remorseful for his actions and realizes he needs help for alcohol and drug abuse. He said Lamagna does have a record of being able to maintain a job and would be employable if released to probation. He also said Lamagna had strong support from his family. 

Scott is older than his brother and Burns said Scott understands that as the older brother it was his responsibility to society to set the mature example.

"He knows he dropped the ball on that one," Burns said.

Jonathan Lamagna was sentenced last week and Scott's sentencing was scheduled for the same day, immediately afterward, but Assistant District Attorney Kevin Finnell presented information obtained from wiretaps on jail phone calls between Scott and family members.

Burns objected to use of the recordings in evidence for the sentencing because he didn't even know about their existence before Finnell mentioned them in court, so the sentencing was adjourned to today, giving Burns time to review the recordings.

The recordings reveal a defendant who was scared and under stress and trying to deal with his immediate concerns, as any person would, Burns said, adding they didn't indicate Lamagna was any less concerned about the condition of his victim.

There was also evidence presented that indicated that before Lamagna was arrested, he made frantic calls to people trying to find somebody to take care of his dog.

Before sentencing, Lamagna addressed the court and said he was deeply sorry for hurting innocent people.

"I wish I could take it all back but I know I can't," Lamagna said.

He said he was prepared for the consequences of the judge's decision as a result of his own actions.

If sent to prison, he said, "I will come out a better person."

Zambito wasn't convinced as he looked at the violent nature of the attacks and Lamagna's seven prior charges of resisting arrest.

"It's sad that you didn't have the same concern that you had for your dog for human beings," Zambito said.

February 16, 2017 - 2:25pm
posted by Howard B. Owens in crime, batavia, news.

A Batavia resident accused of menacing a police officer with a knife nearly a year ago has until Tuesday to decide if he will withdraw his guilty plea on a weapons charge and take his case to trial.

Bill A. Thomas, 57, first entered a guilty plea to criminal possession of a weapon, 3rd, on July 21. When he was supposed to be sentenced in November, he tried to withdraw his guilty plea and asked for a new attorney.

While Thomas wasn't allowed then to change his plea, he was given time to find a new attorney.

Today, with Michael Mohun, normally the judge in Wyoming County, presiding in County Court for this case and one other, the case took another twist.

After hearing Officer Peter Flanigan read a victim's statement, District Attorney Lawrence Friedman argue for a harsh sentence and Jamie Welch, representing Thomas, advocate for a probationary sentence, Mohun summoned both attorneys to the bench.

There was a short conversation, then Mohun said he and the attorneys would meet in chambers to discuss a procedural issue.

Nearly two hours later, the attorneys, judge, defendant and his family members were all back in court after several private discussions involving all parties.

Mohun announced that when Thomas entered his guilty plea there was a procedural error related to what he admitted to and what was stated in the SCI (Special Court Information, a document used in lieu of a Grand Jury indictment). The procedural error could potentially invalidate the guilty plea, and that is why Thomas now has a chance to reconsider his plea.

Since Welch is new to the case, joining only after Thomas entered his guilty plea in July, Welch said he hasn't reviewed all of the evidence. Also, Thomas would like more time to think through his decision and confer with his family.

In his statement, Flanigan recalled a potentially catastrophic confrontation at 4 a.m., March 16, when he entered the Thomas home on State Street. He said Thomas moved aggressively toward him with a knife, and after Thomas failed to obey his verbal commands to drop the knife, Flanigan said he realized he would have to shoot Thomas to protect himself. As he reached for his pistol, the brother of Thomas entered the hallway in an attempt to leave the house, and he came between Flanigan and Thomas. Flanigan said he no longer had a clear shot at Thomas and the situation defused at that point.

The confrontation -- in which Flanigan said he both knew he might have to kill Thomas and that his own life was in danger, causing thoughts of his family and coworkers to flash through his mind -- left him shaken and he described having times of trouble sleeping and displaying other symptoms of stress, he said. 

Friedman spoke next and said that Thomas was prepared to go to trial until Interim Judge Micheal Pietruszka proposed a plea settlement, which both sides then accepted. Friedman said Thomas was a lucky man -- lucky to be alive, lucky that he wasn't charged with a more serious crime, lucky to get the plea offer he did and given his good fortune, but the serious nature of the crime, he should be given no leniency in sentencing.

Welch noted that his client never had a prior violent felony charge and it had been nearly two decades since his last criminal conviction, a misdemeanor, and it's been since 1996 that he was convicted of a felony, a DWI. Therefore, he said, he deserved a probationary sentence with credit for time served (he's been in jail for 11 months).  

While Flanigan noted that Thomas hasn't admitted to threatening the officer, Welch said when a blood sample was taken from Thomas at 8 a.m., four hours after the alleged confrontation, Thomas had a BAC of .22 and has said he doesn't remember much about that morning and doesn't believe he would have threatened a police officer with a knife.

The defense attorney also noted that even though police had control of the crime scene from the time they arrived until the investigation was completed, there was never a knife found on Thomas or at the scene.

February 16, 2017 - 1:37pm
posted by Howard B. Owens in crime, batavia, Stafford, Darien, Le Roy, alexander.

Davon Shaquille St. John, 18, of Oak Street, Batavia, is charged with assault, 2nd. St. John is accused of assaulting somebody while confined at the Genesee County Jail at 8:49 p.m., Monday. He was jailed on $10,000 bail.

Wayne L. Pierce, 75, of Alexander, is charged with forcible touching. Pierce is accused of inappropriately grabbing a female employee at the Ben Go's gas station in Attica.

Bishop Williams, 23, of Genesee Street, Le Roy, is charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 4th. Williams is accused of selling Suboxone in May while in the Village of Wyoming. He was arrested by Wyoming County Drug Task Force following an investigation. He was jailed on $15,000 bail.

Odanis Betances, 21, of Morris Avenue, Bronx, is charged with petit larceny. Betances is accused of stealing $125.99 in merchandise from Kmart.

Brian James Lipinski, 33, of Richley Road, Darien, is charged with criminal possession of a forged instrument. Lipinski allegedly used a counterfeit bill to pay for food delivered to his residence.

Jarvis Davon Seymore, 33, of Michigan Street, Rochester, is charged with unlawful possession of marijuana, unlicensed driving, aggravated unlicensed driving, and speeding. Seymore was stopped at 1:51 p.m., Monday, on Clinton Street Road, Stafford, by Deputy Chad Cummings.

February 15, 2017 - 4:28pm
posted by Billie Owens in Grand Jury, news, crime, pembroke.

Amelia R. Witkowski is indicted on the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29, 2016, that Witkowski knowingly entered or remained unlawfully in a dwelling on Main Road in the Town of Pembroke with the intent to commit a crime. In count two, she is accused of the crime of making a punishable false written statement, a Class A misdemeanor. In count two, it is alleged that Witkowski knowingly made a false statement on Jan. 30, 2016, in the Town of Pembroke, which she did not believe to be true, in a legally authorized written instrument, which noted that false statements made therein are punishable.

Scott T. McCoy is indicted on the crime of criminal possession of marijuana in the second degree, a Class D felony. It is alleged that on July 27 in the Town of Pembroke that McCoy knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing marijuana and these were of an aggregate weight of more than 16 ounces (1 pound).

February 15, 2017 - 3:17pm
posted by Howard B. Owens in crime, Le Roy, Attica, news.
mugleonardehahniv2017.jpg
      Leonard Hahn

A teen from Le Roy has been charged with multiple counts of rape in the first degree following a joint investigation between Attica PD and the Genesee County Sheriff's Office.

The investigation began with a single complaint when a student revealed information about an alleged sexual encounter to a school official in Attica.

During the investigation, additional children came forward and made similar allegations. 

Leonard E. Hahn IV, was subsequently arrested by Attica PD.

Assisting in the investigation were investigators Tim Wescott and John Dehm of the Genesee County Sheriff's Office.

The victims are all under age 11.

The Justice for Children Advocacy Center in Batavia assisted in the investigation.

Hahn was jailed on $100,000 bail or $200,000 bond. He is being held in Genesee County pending further proceedings in Genesee County and Wyoming County.

Anyone with additional information is asked to contact his or her local law enforcement agency.

February 14, 2017 - 2:37pm
posted by Howard B. Owens in crime, byron, news.

Two brothers from Rochester involved in the beating of a patron of the Playmates strip club in Byron were scheduled for sentencing in County Court today, but after the attorney for one objected to new evidence brought to the hearing, that sentencing was delayed.

In the first case, Jonathon Lamagna, 19, who previously entered a guilty plea on second-degree assault and second-degree coercion, was sentenced to five years in prison and three years parole.

Scott Lamagna will be back in court Feb. 17 after defense attorney Thomas Burns said he felt "ambushed" by the presentation of recordings of phone calls in jail between Scott Lamagna and family members that Assistant District Attorney Kevin Finnell said showed that Scott Lamagna showed no remorse for his actions, that he was more interested in minimizing his jail time.

The brothers were arrested after a patron suffered serious injuries when they attacked him in the parking lot of Playmates.

Finnell provided a written deposition from the owner of Playmates who said she tried to assist the bloodied and beaten victim by dragging him back into the club and the brothers then continued their assault, kicking him as she tried to pull him away from them.

According to the statement, Scott Lamagna grabbed the victim from by the shirt and punched him repeatedly in the face as the owner tried to pull him onto the establishment's porch. She said she screamed, "Stop, stop, you're going to kill him."

Then Jonathon kicked the victim in the head and ribs, she said.

The victim was described by Finnell as a liver transplant recipient and short in stature and slight in build.  

Before sentencing, Jonathon read a statement, saying, "I feel drugs and alcohol played a part in my actions. I accept full responsibility for what I did."

Via our news partner, WBTA.

February 13, 2017 - 3:12pm
posted by Howard B. Owens in crime, batavia, news.

Press release:

The City of Batavia Police Department has received multiple complaints where small denomination counterfeit bills have been passed at local businesses. The Batavia Police Department is reminding everyone to check their money carefully. If you feel that you may be victim to receiving counterfeit bills, please report it to the Police Department.

A few simple items to check for on U.S. Currency that are hard to recreate on counterfeit bills:

  • Color-shifting ink -- the bill denomination on the bottom right-hand corner has color-shifting ink;
  • Raised printing -- to detect raised printing, take your fingernail and run it carefully down the collar/jacket. You should feel some vibration on your nail from the ridges.
  • Blurry borders/printing/text -- significantly blurry borders, printing, or text, it is an automatic red flag.
  • Red & Blue threads -- If you take a close look at an authentic bill, you will see that there are small red and blue threads woven in and out within the fabric of the bill.
  • Watermark -- In many of the new bills, the watermark is actually a replica of the face on the bill.
February 13, 2017 - 3:08pm
posted by Howard B. Owens in crime, Stafford, batavia, news.

Gari Lyn Fields, 33, of Lehigh Street, Rochester, is charged with failure to dim headlights and aggravated unlicensed operation, 2nd. Fields was stopped at 2:21 a.m., Feb. 8, by Deputy Jeremy McClellan on Morganville Road, Stafford, and arrested on a warrant out of Town of Stafford Court from Sept. 4, 2007. Fields was held on $250 bail or $2,500 bond.

Eileen L. Biaselli, 58, of Ellicott Street, Batavia, was arrested on a warrant from 2005. The warrant was discovered by Batavia PD officers during an investigation of an unrelated domestic dispute. Biaselli was jailed without bail.

Taylor Maya Miley, 20, of Heidt Avenue, Middletown, is charged with harassment. Miley allegedly threatened another person at Genesee Community College at 2:30 p.m., Feb. 8. 

Chevon Mae Duryea, 25, of Watercure Road, Nunda, is charged with petit larceny and possession of a hypodermic instrument. Duryea is accused of shoplifting from Kohl's Department Store. During the investigation he was allegedly found in possession of a needle. Also arrested and charged with petit larceny was Carl Abraham Goossens, 32, of Coverdale Road, Leicester.

Christine Ann Gelardo, 64, of Fargo Road, Stafford, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in original container. Gelardo was arrested following the completion of an investigation stemming from an incident reported Sept. 27 on Fargo Road in Stafford. Also arrested and charged with possession of a hypodermic instrument was Daniel Leonard Pelton, 59, of Fargo Road, Stafford.

Katrina L. Drake, 26, of Locust Street, Lockport, is charged with disorderly conduct and aggravated unlicensed operation. Drake was arrested by Officer Peter Flanagan following a complaint of a fight in the roadway at 1:07 a.m. Sunday on Summit Street, Batavia.

Robert S. Sodja, 52, of Lake Street, Batavia, was arrested on a warrant out of City Court and jailed on $1,000 bail.

Jessie J. Sayyeau, 23, of Iroquois Street, Rochester, was arrested on a warrant out of City Court for alleged failure to appear and jailed on $1,000 bail.

Joseph M. Marsceill Jr., 31, of Pringle Avenue, Batavia, was arrested on a warrant by Batavia PD after being located by probation officers in a home of one of their probationers. He was released under supervision of Genesee Justice.

February 10, 2017 - 12:37pm
posted by Howard B. Owens in crime, batavia, news.
mug_thomasgibson2017.jpg
     Thomas Gibson

Thomas L. Gibson, 29, of Watson Street, Batavia, has been arrested on suspicion of drug dealing and jailed on $20,000 bail or $40,000 bond.

Gibson was arrested on a warrant. The arrest stemmed from an investigation by the Local Drug Task Force into the alleged sales of crack cocaine in the City of Batavia.

He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts criminal possession of a controlled substance, 3rd.

February 9, 2017 - 1:57pm
posted by Howard B. Owens in crime, Le Roy, news, Alabama.

A 17-year-old resident of Le Roy has been accused of sexual intercourse with a person less than 11 years old and charged with rape in the first degree.

Leonard Edward Hahn, of South Street, was arrested by the Sheriff's Office and jailed on $25,000 cash bail or $25,000 bond. 

The alleged crime reportedly occurred on April 15, 2016 at a location in Alabama.

February 7, 2017 - 5:31pm
posted by Howard B. Owens in crime, batavia, news.

Marlet HolmesA Level 3 sex offender facing a possible life sentence on his latest charges of alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

Marlek Holmes is facing the possibility of four different jury trials on Grand Jury indictments containing 30 counts of various sex offenses, District Attorney Lawrence Friedman said in County Court today.

There are six Grand Jury indictments, with two being incorporated into other indictments to create the possibility of four different trials on each set of charges.

"I haven't even thought about that yet," Friedman said when County Court Judge Charles Zambito asked him which case he will go forward with first if the 42-year-old Holmes doesn't accept a plea offer.

Friedman also revealed he hasn't even decided yet on what offer he might hand over to the attorney for Holmes, Gerard Roux.

A plea offer will be put into writing in the next few days, Friedman said, but Roux is about to leave on out-of-town travel so Holmes won't be back in court until 1:30 p.m., March 1.

At that time, Holmes will either be able to accept the plea offer or the first case will be set for trial.

If Holmes goes to trial and he is convicted, the registered sex offender is facing a potential sentence of life in prison.

The counts against Holmes include two Class A felonies in the last indictment -- predatory sexual assault and predatory sexual assault against a child -- Holmes could be sent to prison for the rest of his life.

In all, Holmes is charged with 11 counts related to alleged sex crimes between 2010 and 2015, plus there are also charges still pending stemming from two prior incidents where Holmes allegedly failed to register his correct street address as a registered sex offender.

Also in court today, also represented by Roux, was Marquis Saddler. The 26-year-old Saddler is facing felony burglary and assault charges for his alleged role in a home invasion attack in October on residents on Central Avenue, Batavia. Saddler's case was also continued until March 1 with the expectation that Friedman will have a plea offer ready before then for the consideration of Saddler and his attorney.

February 6, 2017 - 4:35pm
posted by Howard B. Owens in crime, Le Roy, news.

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State Police are looking for this man to question regarding a larceny at Crocker's Ace Hardware on Route 19 in Le Roy.

The theft occurred sometime around 5:45 p.m., Thursday.

The subject was driving a dark-colored Jeep Cherokee/Dodge Durango type of vehicle and wearing a Bass Pro baseball hat.

Those with information to assist in the case can call Trooper Mark Catanzaro at the State Police Barracks in Batavia, (585) 343-2200

img_0012crockers.png

February 6, 2017 - 11:33am
posted by Howard B. Owens in crime, batavia, news.

Matthew Derrick will be released from jail today, likely to receive credit for time served, and not have to return if he can stay out of trouble.

At a lengthy hearing today, Derrick, whose case was delayed Dec. 7 so he could be evaluated for the mental competency to understand court proceedings, entered a guilty plea to attempted criminal possession of a weapon, 3rd.

As part of the plea deal, Derrick is eligible for what's called a shock probation sentence, which means no more than six months in jail and five years probation, instead of the 1-4 year prison term Derrick would face if he took the case to trial.

The charge stems from an incident in October when Derrick threatened people with a corkscrew, and made statements about cutting them open and killing them.

One witness, according to District Attorney Lawrence Friedman, said Derrick had a knife, and while a corkscrew was recovered from the scene, no knife was found at the time of Derrick's arrest.

Derrick entered his plea under terms known as an Alford plea. In other words, Derrick did not admit to the facts of the case, just that the evidence was sufficient that he faced a high probability of being found guilty by a jury.

The likely sentence for Derrick, Judge Charles Zambito indicated, is four months, if Derrick stays out of trouble while under supervision of Genesee Justice; however, since Derrick has already been in jail for just two days shy of four months, Friedman agreed to modify to plea deal to subtract those two days from the sentence.

When Derrick last appeared in court, he seemed not to understand the court proceedings and Lisa Kroemer, with the public defender's office, explained the proceedings to him.  Then interim Judge Micheal Pietruszka expressed concern about Derrick's ability to understand his instructions. He ordered Derrick to undergo a mental competency evaluation.

Two doctors examined Derrick and both found him mentally competent enough to understand the proceedings. Zambito accepted the report after both Friedman and Kroemer waived a hearing on the topic.

In court today, Derrick answered most of Zambito's questions promptly, with a clear, "Yes, your honor." He expressed confusion about a couple of points but quickly said he understood once the issues were rephrased. Zambito was very careful throughout the proceeding to ensure Derrick understood exactly what he was agreeing to and what rights, such as the right to appeal, he was waiving.

There was discussion about how to handle three orders of protection. One or more of the people covered by the orders live in the same apartment building as Derrick and his wife. Derrick will live with his grandmother in Le Roy until suitable language for the orders is worked out.

February 6, 2017 - 8:16am
posted by Howard B. Owens in crime, news, Alabama, batavia, Oakfield.

Nicholas Sylvester Dinitto, 27, of Oak Orchard Street, Albion, is charged with petit larceny and possession of a hypodermic instrument. Dinitto is accused of shoplifting at Target. During the investigation by Deputy Andrew Hale, he was allegedly found in possession of a needle.

Jennifer Lyn Stack, 30, of South Main Street, Batavia, is charged with attempted criminal contempt, 2nd. Stack was arrested on a warrant out of Town of Batavia Court and jailed on $1,000 bail.

Jadon Lee Peoples, 20, of Main Street, Oakfield, is charged with unlawful possession of marijuana. Peoples was charged following a traffic stop for allegedly speeding at 8:06 p.m. Sunday on North Main Street, Oakfield, by Deputy Jeremy McClellan.

Felicia Renee Sherrell, 36, of Bloomingdale Road, Akron, is charged with DWI and driving with a BAC of .08 or greater. Sherrell was charged following a call to check on the welfare of a motorist stopped at the side of the road at 8:40 p.m. Saturday on Route 77, Alabama, by Deputy Richard Schildwaster.

Nicole Marie Capretto, 33, of Lewiston Road, Batavia, is charged with petit larceny. Capretto was arrested on a warrant out of City Court.

A 16-year-old of Lewiston Road, Batavia, is charged with criminal contempt, 2nd. The youth allegedly violated an order of protection.

Ralph Guy Chase Jr., 73, of Highland Drive, Dundee, is charged with possession of untaxed cigarettes. Chase was stopped for an alleged traffic violation at 8:59 p.m. Friday on Route 77, Alabama, by Deputy Richard Schildwaster and allegedly found in possession of 8,800 untaxed cigarettes.

February 6, 2017 - 8:03am
posted by Howard B. Owens in crime, elba, news.

In Elba on Friday afternoon, an unknown person approached a local homeowner and asked her questions about her mortgage and then handed her a manila envelope with a phone number on it advising her to call the number.

The man said he was a representative of Bank of America.

The woman called Sheriff's dispatch and investigators contacted Bank of America and searched for a listing for the 1-800 number on the envelope.

Based on their finding, investigators concluded the man was apparently running some sort of scam and the Sheriff's Office is warning other residents to be on the lookout for similar scam attempts.

The man was driving a silver minivan. The man had been parked across the street from the Elba residence and when the homeowner attempted to leave, the van pulled into her driveway.

He is described as a white male, average height, thin build, wearing glasses and a baseball cap.

Once she confirmed she was the homeowner, the man informed her he was from the Bank of America and said her mortgage was in default.

The number on the envelope was 1-800-669-0102.

Anyone with additional information or experience this type of activity, call the dispatch center at 9-1-1 or (585) 343-5000.

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