Local Matters

Recent comments

Community Sponsors

crime

May 21, 2018 - 6:57pm
posted by Billie Owens in batavia, news, crime, notify.

Lionel J. Anderson got some bad news and some good news in Genesee County Court this morning. Judge Charles Zambito sentenced the 16-year-old to an indeterminate state prison sentence of one to three years. But the judge also vacated his felony conviction on attempted second-degree assault, a non-violent Class E felony, and granted him youthful offender status.

That means his record in this matter will be sealed.

The judge could have sentenced Lionel up to four years under the terms of a plea agreement in this case.

He has served 160 days so far; with good behavior, he could get out in a little over six months -- before the end of the year.

In making the decision, Zambito said it serves the interests of justice, protects the community, and gets Lionel some help.

The Oklahoma native will serve time for his role in an altercation on Highland Park, Batavia, on the evening of Nov. 28. His 13-year-old victim was slammed to the ground, face first, then struck in the face, twice; the injuries stemmed from contact with a "metal belt buckle and/or curb."

He has remained in custody since the incident; his bail was $25,000.

Since his last court appearance, in April, a pre-sentencing report was completed, and attorneys on both side as well as the judge had read it in preparation for today.

Before sentencing, Assistant District Attorney Kevin Finnell told the court even though Lionel is young, he has amassed "a pile of history" in the last few months.

"He is in desparate need of services; he continues to use drugs; he behaves inappropriately at school," Finnell said. "He is a threat to society. He is a violent aggressor."

Thus, Finnell said the defendant should not be considered eligible for youthful offender status.

"It is fortunate that the victim in this case was not more harmed" as a result of Lionel's actions, Finnell said.

Public defender Michael Locicero said Lionel is utterly lacking in family support. No mention was made of his mother or her whereabouts. His father is incarcerated and his grandfather moved out of the area. He has been moved around a lot throughout his young life.

"He has had a tough go of it," Locicero said.

As for the altercation, Locicero noted that there were several individuals involved and Lionel "has taken responsibility for his part."

Locicero then asked the judge to consider granting his client youthful offender status and to sentence him to local jail or intermittant incarceration (weekends).

He cautioned Zambito that it would be "a mistake not to consider other factors" in Lionel's life that have shaped and influenced him.

When asked if he had anything to say on his own behalf, Lionel say clearly "No, sir." He was quiet and composed throughout the proceeding.

Judge Zambito said the report by the probation department deemed the defendant to be at the greatest risk; he has nowhere to go, no home to go home to. He was on probation at the time of his criminal act and was not doing well -- well beforehand. He noted the youth's prior history involves violence.

But despite his run-in with authorities, including at school, law enforcement and Family Court, Zambito noted this was his first criminal conviction and that it stemmed from a verbal argument involving several people that escalated. 

"He was not the primary aggressor," Zambito said about the incident, as documented in the probation department report. "He came to the aid of a friend. Whether this was a 'youthful indescretion' (as argued by the defense counsel) is debatable."

Wielding a belt, not inherently a weapon, was unusual, the judge said.

"You need to get some counseling," in order to figure out why you behave as you do, Zambito told the teen.

The defendant is not to possess guns. He has to pay $325 in fees/fines but does not have to submit to the DNA database because of his newly minted youthful offender status.

An order of protection is place for the victim until May 21, 2026.

May 21, 2018 - 11:13am
posted by Howard B. Owens in crime, batavia, corfu, bergen, notify, byron, alexander, Bethany.

Brooke L. Brumber, 18, of Washington Avenue, Batavia, is charged with criminal trespass, 2nd. Brumber was arrested on a warrant. She allegedly entered a residence on Washington Avenue at 8:01 p.m. May 3 without permission after being told she was no longer welcome there.

Matthew James Cratsley, 42, of Buell Street, Batavia, is charged with failure to report a change of address and failure to complete verification form. Cratsley allegedly moved and failed to notify the NYS Sex Offender Registry. He is also accused of failing to complete the annual registration form. 

Jonathan Peter Smith, 40, of Little Canada Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to signal. Smith was stopped at 1:28 a.m. May 13 on Main Street, Batavia, by Sgt. Thomas Sanfratello.

Sammy Lee Domthongmivanh Jr., 29, of Halstead Road, Alexander, is charged with: DWI; driving with a BAC of .18 or greater; failure to keep right; moving from lane unsafely; failure to attach registration sticker to vehicle. Domthongmivanh was stopped at 11:49 p.m. Saturday on Main Road, Pembroke, following a complaint of traffic offenses, by Deputy Eric Meyer.

Riecha B. Morris, 34, of Hawks Nest Circle, Greece, is charged with operating a motor vehicle while impaired by drugs. Morris was stopped at 9:33 a.m. Friday on West Main Street, Batavia, by Officer Kevin DeFelice following a complaint of erratic operation.

David L. Castaneda Trejo, 19, of Byron, is charged with criminal trespass, 2nd, and making a false written statement. Castaneda was arrested on an incident reported at 11:22 a.m. Sunday in the Town of Byron by State Police. No further details released.

Matthew J. Lamkin, 36, of Batavia, is charged with criminal mischief, 4th. Lamkin was arrested in connection with an incident reported at 11 p.m. Sunday in the Town of Batavia by State Police. No further details released.

Alexandria C. Pisarek, 25, of Corfu, is charged with acting in a manner injurious to a child. Pisarek was arrested in connection with an incident reported at 11:50 a.m. May 9 in the Town of Bergen by State Police. No further details released.

May 20, 2018 - 9:42pm
posted by Howard B. Owens in crime, batavia, news.

A caller reports that two individuals drove up on motorcycles to his residence on Rose Road and assaulted his son.

No word on any injuries. 

They left the area approximately five minutes ago.

Law enforcement is responding.

May 20, 2018 - 11:34am
posted by Howard B. Owens in crime, batavia, news, notify.
wilsonnathanieljr_120mug2018.jpg
      Nathaniel Wilson

If Nathaniel D. Wilson Jr. did use a knife Thursday night to kill Terry J. Toote, as police believe he did, it wasn't the first time Wilson used a knife to attack another Batavia resident, according to the man he nearly stabbed in the back 12 years ago after a scuffle behind Biggie's Sandwich Shop on East Main Street. 

Louis Kingsbury said he barely escaped serious injury because Wilson mistakenly thought he had stabbed Kingsbury so he then fled the scene.

"I don't know how I didn't get stabbed because with the (surveillance) camera, actually, it looks like he's stabbed me," Kingsbury said. "In the investigation, he told the police that he thought he had stabbed me, that's why he stopped and took off running the opposite away."

The only thing cut was Kingsbury's shirt.

Wilson eventually entered a guilty plea to attempted assault and criminal possession of a weapon. The plea deal would have kept Wilson out of prison but Wilson, Kingsbury believes, committed other crimes while awaiting sentencing and so ended up being sent to prison for several years.

He may have been released a couple of years ago but available records are incomplete. He may have been adjudicated a youthful offender, as an 18-year-old, at sentencing in 2005, which could explain the lack of records.

Wilson was arrested in the City of Batavia two years ago on a charge of criminal possession of a weapon, 3rd. He was transferred from the Genesee County Jail to state prison on a sentence of one and a half to three years in May 2016.

The incident behind Biggie's began when a tenant of motel apartments to the east of the sandwich shop ran across the street to the pet food store, where Kingsbury worked. The tenant told Kingsbury that somebody, while fighting with his girlfriend, had punched and broken the illuminated sign in front of the motel.

The pet food store and the apartments were owned at the time by Ken Mistler and Kingsbury was and still is an employee of Mistler.

Kingsbury ran over and found Wilson hiding behind Biggie's.

When he confronted him, according to Kingsbury, Wilson said, "What are you going to do about it, cracker?" He then lunged at Kingsbury.

There was a scuffle and at one point, Kingsbury had him in a headlock and then Wilson managed to break free. Kingsbury said he saw him pull out a knife.

"Thank God, it was like one of those butterfly knives, so he was kind of fidgeting with it and trying to open it," Kingsbury said. "I realized it so I was able to react when he came at me and tried to stab me. When he missed, that time I said 'I'm out of here.' "

Kingsbury ran toward the motel and he said he could feel Wilson right behind him lunging at him. After he felt the knife catch his shirt, Wilson stopped his attack and ran toward the woods to the north and through the woods toward the house where Kingsbury believes Wilson's grandmother lives to the east.

Others in the area had already called 9-1-1 and police were on the scene quickly but couldn't find Wilson. It was some days or weeks before Wilson turned himself in.

When he was sentenced, Wilson was ordered to pay $864 in restitution to Mistler for the broken sign, according to a probation letter Mistler received. Kingsbury doesn't believe full restitution was ever made.

According to police, Wilson, who has been charged with murder, stabbed Toote in the middle of Toote's chest and Toote died that night. In the fight, Wilson was shot in the leg by another person, allegedly by 17-year-old Samuel R. Blackshear. Jennifer K. Urvizu-Hanlon, 41, is accused of supplying the gun to Blackshear.

May 18, 2018 - 11:57pm
posted by Billie Owens in crime, batavia, news.

gunfireinvestmay182018d.jpg

Multiple units of the Batavia Police Department and the Genesee County Sheriff's Office converged on the Southside of the city at Central and Pringle avenues around 11:30 p.m. after reports by residents of gunshots fired.

Officers then began searching nearby streets such as Cherry and Wood in their investigation.

At this point, law enforcement has not been able to locate anything suspicious.

UPDATE 12:17 a.m.: The sound of more suspected shots were heard a few minutes ago in the same vicinity. Law enforcement is on scene.

UPDATE 12:30 a.m.: At this point, nothing located.

gunfireinvestmay182018second.jpg

May 18, 2018 - 10:09pm
posted by Howard B. Owens in crime, batavia, news, notify.

img_1819.jpg

urvizu-hanlonjennifer.jpg
Jennifer Urvizu-Hanlon
blackshearsamuel.jpg
  Samuel Blackshear

The Central Avenue murder and attempted murder investigation stemming from last night's melee on Central Avenue in the city took an unexpected turn today.

A 48-year-old local businesswoman and a 17-year-old boy, who was found this afternoon at her residence on West Main Street Road in the Town of Batavia, were arrested in connection with the shooting of Nathaniel D. Wilson Jr.

Jennifer K. Urvizu-Hanlon, owner of La Mexicana store in Valu Home Plaza, is accused of providing a gun to Samuel R. Blackshear during the confrontation on Central Avenue last night; and Blackshear allegedly shot Wilson in the leg with that gun.

Urvizu-Hanlon is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd.

Blackshear is charged with attempted murder, 2nd, attempted assault, 1st, assault, 2nd, and two counts of criminal possession of a weapon, 2nd.

Additional charges are possible.

According to Batavia Police Chief Shawn Heubusch, police were able to charge Urvizu-Hanlon based on video evidence. A video camera installed on Central Avenue earlier this week captured the entire incident. Urvizu-Hanlon, Heubusch  said, was on Central Avenue at the time of the incident.

"Her activities at the scene were she provided the weapon that was used in the shooting," Heubusch said.

Asked if the video showed her physically transferring the weapon from her possession to Blackshear's, Heubusch said, "I can't disclose that information as that's probably going to be part of the legal process." 

Urvizu-Hanlon was the registered owner of the gun and permitted bearer of the weapon, Heubusch said. He did not say whether the weapon was recovered during searches today but did say evidence was recovered from the searched locations.

Heubusch said investigators have yet to discern the nature of the relationship between Urvizu-Hanlon and Blackshear.  

Blackshear and another unidentified male were located at Urvizu-Hanlon's residence this afternoon.

That residence is a small yellow house on property owned by Upstate Toyota and next door to the dealership. Urvizu-Hanlon is a rental tenant.

Heubusch said, however, that investigators have not established that Blackshear was living there. He is officially listed as "no permanent address" and Heubusch said he tended to stay with other members of the community, as well.

Wilson, the man injured by the gunshot, was arrested after being released from the hospital and charged with murder in the stabbing death of Terry J. Toote, a 41-year-old Batavia resident whose last known residence was on West Main Street.

Urvizu-Hanlon, Blackshear, and Wilson are all being held without bail.

Batavia PD was able to bring all three into custody in less than 17 hours after the stabbing and shooting.

"Our guys did phenomenal police work," Heubusch said. "We had a lot of a lot of evidence to go through. They had a lot of witnesses to talk to. And it's still not done. But I'll tell you that they did a tremendous job overnight, and taking care of all of the issues that were at hand, and handling the other calls for service."

Heubusch also credited the assistance of the Sheriff's Office, State Police, the Orleans County SWAT (which assisted the Genesee County ERT), the Department of Environmental Conservation, and city fire for assisting at the scene last night and throughout the investigation.

"I can't speak highly enough about the cooperation in this county," Heubusch said. "Any time you need something, you give the sheriff or somebody else a call and they're going to send some people your way."

Another subject who was found at the West Main Street Road residence was released after questioning and is not a suspect, Heubusch said, though he may be a witness.

There is still investigative work to be done and Heubusch is asking witnesses to come forward and residents in the area who have video of the incident to supply it to investigators.

That said, it is likely that the primary suspects from Thursday night have all been arrested.

"The video evidence that we received and that we viewed was pretty clear," Heubusch said. "We do not believe that there are any outstanding suspects in this case."

Whether the incident last night is related to prior incidents on Central Avenue over the past few weeks is still unclear. There may be some connection, Heubusch said, but it's not clear which prior incident threads to a connection with this incident.

"We're still investigating as to what was the motive leading up to it," Heubusch said. "There was a large disturbance that took place down there. There was a fight between several individuals -- the deceased, the suspect that was arrested for that crime, as well as a suspect that was arrested for the shooting. There were other individuals involved in punching and kicking and that sort of thing. But it looks like there was a large fight."

Heubusch agreed it's striking that of all four individuals police have connected to this incident -- Toote, Wilson, Blackshear, and Urvizu-Hanlon -- none are residents of the Central Avenue/Pringle Avenue area of Batavia, though all four have long-standing ties to the community.

Why Central Avenue has become a flashpoint in the past several weeks is hard to pinpoint, but Heubusch said police are doing what the can to address the issues.

"I certainly can't deny that there are problem areas," Heubusch said. "That is something that we have been anxiously working on to try to solve the issues in that particular neighborhood. When it came to our attention that there were several instances of disturbances down there we took measures to increase the lighting in that area. We took measures to put up a street camera down there, which was essential in capturing the evidence that led us to the conclusions here. So you know we did as much as we possibly could."

Ultimately, brighter lights, cameras, and more patrols won't solve neighborhood problems without the cooperation of the residents who live on problem streets, Heubusch acknowledged.

"We would like to see is more community interaction," Heubusch said. "If you see something you need to give us a call. Don't be afraid to take back your neighborhood, so to speak. That's what we need. We need people to be proactive. We need neighbors to take care of neighbors and not hide from things like this. We will do whatever we can to protect you but come forward; otherwise, we can't charge these folks and get them out of your neighborhood."

Top photo and second photo, from a vigil on Central Avenue, by Howard Owens. The next photos of the vigil courtesy our news partner 13 WHAM.

img_1812.jpg

mas_batavia_homecide_folo_0005_frame_26574.jpg

mas_batavia_homecide_folo_0005_frame_724.jpg

mas_batavia_homecide_folo_0005_frame_6443.jpg

mas_batavia_homecide_folo_0005_frame_7663.jpg

May 18, 2018 - 4:22pm
posted by Billie Owens in batavia, crime, news, notify.

personofinterestcentral2018.jpg

A person of interest from last night's crime scene at Pringle and Central avenues has been detained.

He was located in a little yellow house next to the Batavia Toyota dealership on West Main Street Road earlier this afternoon.

Law enforcement closed the road and surrounded the house.

Traffic on Route 5 in the Town of Batavia near the Batavia Toyota dealership was blocked in both directions for at least a half hour due to the law enforcement action.

UPDATE (By Howard) 5:04 p.m.: Photos added. Top photo: the house where we believe the person of interest was found and detained. Below, La Mexicana store, located at 4152 W. Main Street Road in Valu Home Plaza. We have few confirmed details, but the store is part of the investigation. This afternoon, the Emergency Response Team entered the store to search it. Batavia Police Chief Shawn Heubusch said use of ERT was merely a precaution since there was at least one weapon used in last night's incident.

personofinterestcentral2018-2.jpg

May 18, 2018 - 2:26pm
posted by Howard B. Owens in crime, murder, batavia, news, notify.

wilsonnathanieljrmug2018.jpg

Nathanial D. Wilson Jr., 30, with a last known address on Chestnut Street, Batavia, has been charged with murder in the second degree in the stabbing death last night of Terry J. Toote, 41, of West Main Street, Batavia.

Toote suffered a knife wound to the center of his chest. Wilson suffered a gunshot wound to his leg.

Police are looking for the suspected shooter. There is a person of interest police would like to interview.

Det. Eric Hill said he couldn't comment on whether any weapons were recovered.

After Toote was stabbed, other people in the area came to his aid. People were yelling "call 9-1-1, call 9-1-1" and a citizen started performing CPR and continued CPR until Mercy EMS arrived on scene.

Police have not said what precipitated the confrontation last night but don't believe it is connected to an incident a couple of nights earlier where a group of people were jumped by a number of other people, at least two with baseball bats and one person with a gun.

Toote has a criminal record. He was recently released from state prison on a conviction for attempted sale of a controlled substance. He was charged in Orleans County. That was a second felony offense for Toote, according to Orleans Hub. He was arrested in Batavia in 2014 on a harassment charge.

We haven't been able to confirm yet whether Wilson had any prior arrests.

The incident started some time before 11:30 p.m., Thursday. A witness who lives on Pringle Avenue said she heard people walking down Pringle talking loudly. One said, "I apologized. I apologized." When the group reached Pringle and Central, she said it sounded like the argument escalated, then she heard three gunshots. She said when she looked down the street she saw an SUV leaving the scene quickly.

Another witness said there was a car parked on Highland and the driver yelled, "They shot my boy. They shot my boy." And then that vehicle left.

Toote was pronounced dead at UMMC by County Coroner Donald Coleman.

While Wilson was being treated at UMMC, investigators developed information that indicated Wilson was allegedly responsible for stabbing Toote. Once he was released from medical care, he was taken into custody and then arraigned this morning in City Court on the murder charge.

Shortly after midnight, there was a disturbance at the hospital. Family and friends of Wilson and Toote were involved, according to police. The hospital went on lockdown as a precaution. There were no weapons displayed or threatened. The parties were separated. No charges have been filed.

Central Avenue has been a hotspot of disturbances recently so just about 24 hours before the stabbing and shooting, police activated a recently installed camera, which became critical in gathering evidence for this case.

"Due to these issues, the Department installed a video surveillance camera in the area and had the street lighting enhanced," Batavia PD said in a statement. "The street surveillance camera was instrumental in this investigation. The Department has also received several other videos showing the incident from witnesses who will remain anonymous. These, too, were instrumental in aiding in this investigation."

The case is under active investigation and Hill said police have been busy following up on leads.

From the press release:

The Department would like to thank the New York State Police, Genesee County Sheriff’s Office, the Genesee County Local Drug Task Force, New York State Department of Environmental Conservation (ENCON), City of Batavia Fire Department, Mercy Medics and Genesee County District’s Attorney’s Office.

Anyone with information in reference to the case may contact Detective Thad Mart at 585-345-6372 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicio....

More information will be released at the conclusion of the investigation.

CORRECTION: We initially pubished the suspect's name incorrectly. The correct last name is Wilson. The story has been corrected.

May 17, 2018 - 11:34pm
posted by Billie Owens in crime, batavia, news, notify.

A victim of a gunshot wound is reported at Central and Pringle avenues in the city. CPR is in progress. City police and fire responding.

UPDATE 11:37 p.m.: The gunshot is unconfirmed. A victim of a stabbing is transported to UMMC. City and state police have Pringle Avenue and Central Avenue cordoned off.

UPDATE 12:05 a.m.: Several witnesses at the scene say they heard at least three gunshots. A witness on Pringle Avenue says she heard people arguing; one person said she heard "I apologized; I apologized." When the subjects got to Pringle and Central Avenue, a witness reports hearing the argument escalate. Then she heard three gunshots. Then she saw an SUV peel off. Another witness said she heard a group of people on Pringle Avenue and they were screaming "Call 9-1-1; call 9-1-1." Another witness says there was a car parked in a driveway on Highland and the driver yelled: "They've shot my boy, they've shot my boy!" before peeling off in a vehicle. Yet another witness says he saw a shirtless white male running from the area. We've only confirmed with law enforcement that there is a stabbing victim; it is not confirmed there is a shooting victim."

UPDATE 12:10 a.m.: The state Department of Environmental Conservation is on scene with personnel and a canine capable of detecting gunpowder residue. A press conference is imminent.

UPDATE(S) (By Howard) 12:49 a.m.: We'll have a little more information in a bit, but two things: There are two victims. The gunshot victim was transported to UMMC by private vehicle. At about 12:30 a.m.; UMMC was placed on lockdown.

UPDATE 1 a.m.: Assistant Chief Todd Crossett briefed reporters at the scene on what police know at this time. Police were dispatched to Central and Pringle for a report of a man down in the street. They located a man who was the apparent victim of a stabbing. A second victim was transported to UMMC by private vehicle.

"Anyone with information is asked to call 9-1-1 and then we will get an officer out to talk with you as soon as we can," Crossett said.

Crossett said there is no information at this time to indicate this incident is associated with the one at Jackson and Central a couple of nights ago where four people were assaulted with baseball bats and a pistol.

"But obviously, it's still really early (in the investigation)," Crossett said.

In recent weeks, Batavia PD has given Central Avenue more attention, Crossett said, with increased patrols during the day and patrols stationed on the street when available at night.

"We've done some different things with increasing the street lights, making them brighter," Crossett said. "We've just recently moved our street camera down here. So we've done some things to try to get a handle on this to see what's going on down here."

There's no information yet available on the victims as far as description, age, race, gender. They are both in serious condition. 

Given the early nature of the investigation, Crossett was not able yet to provide descriptions of other people who may have been involved or how many people were involved.

UPDATED 5 a.m.: One victim has died, according to Crossett. He didn't say which victim.

pringlecentralmay182018-2.jpg

pringlecentralmay182018-3.jpg

pringlecentralmay182018-4.jpg

May 17, 2018 - 3:05pm
posted by Billie Owens in crime, Grand Jury, news, batavia, Darien, notify.

Darcia M. Golda is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 26 in the Town of Batavia that Golda stole property with a value of more than $3,000 -- in this case, U.S. currency. In count two, she is accused of the crime of falsifying business records in the first degree, a Class E felony. It is alleged in count two that on Sept. 6 in the Town of Batavia that Golda, with intent to defraud, made a false entry in the business records of an enterprise. She allegedly did so by making a fraudulent return slip for $20 for the purposes of stealing from a store. In count three, the defendant is accused of the same crime as in count two, but it allegedly occurred on Sept. 19 for $99.87. In count four, the defendant is accused of the same crime as in count two, but it allegedly occurred on Sept. 11 for $150.37. In count five, the defendant is accused of the same crime as in count two, but it allegedly the fraudulent return slip was undated; the amount was for $125.03. In count six, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 22, 2016 for $79.45. In count seven, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 26 for $60.20. In count eight, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 27 for $81.25. In count nine, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 29, 2016, for $74.65. In count 10, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 15, 2016, for $140.30. In count 11, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 15, 2016, for $85.74. In counts 12, 13, 14 Golda is accused of third-degree forgery, a Class D felony. It is alleged that on Sept. 6, Sept. 19, Sept. 11, respectively, she falsely made, completed or altered a written instrument -- store return slips. In count 15, she is also accused of third-degree forgery for allegedly falsely completing an undated store return slip, sometime between Oct. 26, 2016 and Sept. 27, 2017. In counts 16, 17, 18 and 19, Golda is again accused of third-degree forgery for allegedly falsifying a return slip, respectively on: June 22, 2016; June 26; June 27; and, lastly, on June 15, 2016.

Melissa R. Rosenberg is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on Nov. 27 in the Town of Batavia that Rosenberg drove a 2001 Acura on Route 5 while intoxicated and while a child under age 15 was a passenger in the vehicle. In count two, she is accused of aggravated DWI, also a Class E felony, for DWI while a second child age 15 or under was a passenger in the vehicle. In count three, the defendant is accused of DWI as a misdemeanor. In count four, she is accused for DWI, per se, for having a BAC of .18 or more at the time. In counts five, six and seven, she 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 the physical, mental or moral welfare of a child less than 17 years old. In counts eight, nine, 10 and 11, Rosenberg is accused of vehicle and traffic law violations. Respectively, these are: driving left of pavement markings; moving from lane unsafely; failure to use designated lane; and moving across hazard lines.

Gioacchino F. Aquino is indicted for the crime of third-degree burglary, a Class E felony, for allegedly knowingly entering a building unlawfully with the intent to commit crime -- in a convenience store on Broadway Road in the Town of Darien on Jan. 10. He is accused of criminal mischief in the third degree, a Class E felony, for allegedly intentionally damaging the property of another person -- a glass door -- in an amount exceeding $250.

May 17, 2018 - 2:41pm
posted by Howard B. Owens in crime, batavia, Le Roy, news, notify, pembroke.

Joshua Francis Zalar, 20, of School Street, Le Roy, and Alexander R. Dunn, 22, of Warsaw Road, Le Roy, are charged with trespass. Zalar and Dunn are accused of trespassing on Hanson Aggregates property in the area of Circular Hill Road, Le Roy. Zalar fell off a cliff and required rescue by the Le Roy Fire Department. He reportedly suffered a foot injury. No information has yet been released on why Zalar and Dunn were in the area of the gravel pits at 12:18 a.m. (Initial Report)

Michael Joseph Mawn, 55, of Roosevelt Highway, Hamlin, is charged with DWI, driving while ability impaired by alcohol, speeding, and aggravated unlicensed operation, 1st. Mawn was stopped at 5:57 a.m. Monday on Route 33, Stafford, by Deputy Joshua Brabon.

Paula Deborah Bennett, 34, of Myrtle Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from lane unsafely. Bennett was stopped at 2:32 a.m. Wednesday on Lake Street Road, Le Roy, by Deputy Mathew Clor.

Christina R. Armstrong, 32, of Main Road, Pembroke, is charged with petit larceny. Armstrong is accused of stealing from her employer, an undisclosed business at 412 E. Main St., Batavia (the Masse Plaza).

Rae C. Cook, 29, of Central Avenue, Batavia, is charged with criminal possession of stolen property, 5th, conspiracy, 6th, and resisting arrest. Cook was arrested following an investigation into the theft of items from a residence on East Main Street, Batavia.

Booker T. Ricks, 46, of Prune Street, Batavia, is charged with dog running at large. Ricks' dog allegedly attacked a dog in another yard that was properly leashed.

Sean M. Keem, 37, of Joseph Street, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Keem was stopped at 8:19 p.m. May 9 on Ross Street, Batavia, by Officer Darryle Streeter.

Tyshon L. Taylor, of Morse Place, Batavia, is charged with menacing, 3rd. Taylor allegedly made comments to a person that he intended to kill that person. He then allegedly made a motion like he was going to hit that person but was stopped by a bystander. He was jailed on $2,500 bail.

Nicholas D. Culver, 22, of Batavia Stafford Townline Road, is charged with petit larceny. An 18-year-old (name not released) resident of Batavia Stafford Townline Road was charged with conspiracy, 4th. The two men were arrested by State Police for an incident reported at 11 a.m. Wednesday. No further details released.

May 15, 2018 - 1:42pm
posted by Billie Owens in crime, news, bergen, batavia, Le Roy, pembroke, Grand Jury, notify.

Jacqueline M. Saeli is indicted for the crime of third-degree arson. It is alleged that on Jan. 6 she intentionally damaged a building and a motor vehicle -- a shed on property on North Lake Road, in the Town of Pembroke, which contained a 2008 Harley-Davidson motorcycle. She allegedly did so by starting a fire or causing an explosion.

Nicholas G. Williams is indicted for the crime of burglary in the third degree, a Class D felony. It is alleged that on Dec. 30 he knowingly entered unlawfully into a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, he is accused of second-degree criminal content, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other court mandate. In count three, Williams is indicted for the crime of resisting arrest, also a Class A misdemeanor, because he allegedly intentionally prevented or attempted to prevent an officer from arresting himself or another person.

Dartanyan A. Robinson is indicted for the crime of driving while ability impaired by drugs, as a Class D felony. It is alleged that on March 30 that he drove a 2004 Land Rover in the Town of Batavia on the eastbound state Thruway while his ability to do so was impaired by drugs. It count two, he is accused of the crime of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a Class D felony. In count three, the defendant is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that Robinson knew, or had reason to know, that his driver's license had been suspended or revoked for driving under the influence of alcohol or a drug when he drove the Land Rover on May 30. In count four, Robinson is accused again of first-degree aggravated unlicensed operation. It is alleged in count four that the defendant knew, or had reason to know, that his driving privilege had been suspended or revoked by the commissioner for refusals on multiple occasions to submit to a chemical test: on May 27, 1998; May 26, 2000; March 2, 2009; and Nov. 12, 2013. In count five, he is accused of speeding on March 30 in the Town of Batavia. In count six, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count six that on March 30, the 2004 Land Rover he was driving was not equipped with an ignition interlock device, which he was required to have. In Special Information filed by the District Attorney, Robinson is accused of having been convicted: of the crime of DWI, as a Class E felony, on Oct. 31, 2000 in County of Niagara Court; of the crime of DWI as a misdemeanor on Feb. 21, 2013 in County of Niagara Court; and of DWI, as a Class E felony, on Dec. 15, 2014, in Monroe County Court. These three prior convictions form the basis for the suspensions or revocations referenced in count three of the current indictment; and the latter two convictions form the basis for the felony charges in counts one and two of the current indictment.

Jerome W. Amesbury is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on Jan. 26 in the Town of Bergen that Amesbury -- knowing he did not have the owner's consent -- took, operated, rode in or otherwise used a 2002 Buick Rendezvous.

May 14, 2018 - 2:50pm
posted by Howard B. Owens in crime, batavia, news, notify.

jackcentralassualtmay142017-2.jpg

Press release:

The Batavia Police Department is investigating an assault which occurred on 05/13/2018 at approximately 11:30 p.m. Four victims were located at the scene with varying degrees of injury. Three were treated at the hospital and released. The fourth has been admitted with serious injuries. Batavia Police are looking for any witnesses to the event.

Anyone with information in reference to the case may contact Detective Matthew Wojtaszczyk at 585-345-6357 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicio....

Photo: File photo.

Previously: Assault victim reported at Central and Jackson, Batavia

May 14, 2018 - 2:04pm
posted by Howard B. Owens in crime, batavia, news, notify, Oakfield, bergen, Alabama, byron, elba, pembroke, Darien.
mug2018edwardperdue.jpg
        Edward Perdue

Edward F. Perdue, 57, of Rome, is charged with burglary, 3rd, conspiracy, 5th, and petit larceny in connection with his arrest as the suspected burglar of Plaza Spirits in November. He is also charged with identify theft, 3rd, and petit larceny because he is accused of using a using a stolen credit card. In a third set of charges, Perdue is charged with burglary, 3rd, grand larceny, 4th, conspiracy, 5th, and petit larceny for his suspected role in the burglary of Mr. Wine & Liquor in August. Perdue is currently confined to the Mohawk Correctional Facility and following arraignment was released back into the custody of DOCs. (Previously: Arrest made in thefts from two local liquor stores.)

Morgan L. Cox Jr., 26, of Central Avenue, was arrested on a warrant for alleged failure to appear on traffic tickets. He had been cited for alleged unlicensed operation involving alcohol and speeding and driving without a license. He was jailed on $1,000 bail.

Rae C. Cook, 29, of Central  Avenue, Batavia, was arrested on a warrant for alleged failure to appear in City Court. She was held on $250 bail.

Thomas E. Brenkus, 50, East Main Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Brenkus was stopped at 7:20 p.m. Saturday on Clinton Street by Officer Arick Perkins.

Tatiana C. Lugo, 23, no permanent address, is charged with criminal trespass, 2nd, and resisting arrest. Lugo allegedly refused to leave a residence on North Spruce Street, Batavia, at 10:40 p.m. Friday. She was jailed on $2,000 bail or $4,000 bond.

Paul C. Ferro, 23, of South Pearl Street, Oakfield, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, and aggravated unlicensed operation. Ferro was located on Central Avenue at 1:37 p.m. May 3 and allegedly found in possession of heroin and a hypodermic needle.

Michelle L. Misiak, 52,  was arrested on a warrant out of City Court. She was jailed on $250 bail.

Carolann Hyde, 61, of Burke Drive, Batavia, is charged with petit larceny. Hyde is accused of stealing from her employer, a business on East Main Street, Batavia.

Brian Anthony Knox, 34, of Quaker Road, Scottsville, is charged with DWI, driving while impaired by drugs, possession of a hypodermic instrument, and inadequate plate lamp. Knox was stopped at 10:22 p.m. Thursday on Townline Road, Bergen, by Deputy Austin Heberlein.

James Carl Davis, 28, of Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .18 or greater, improper right turn, failure to obey traffic control device, and speeding. Davis was stopped at 2:39 a.m. Sunday on Lewiston Road, Batavia, by Deputy Joshua Brabon.

Christopher James Doxy, 33, of East Center Street, Medina, is charged with criminal obstruction of breathing, criminal mischief, 4th (preventing an emergency call), harassment, 2nd, and unlawful imprisonment, 2nd. Doxy was arrested following an investigation by Deputy Erik Andre reported at 11 a.m. Thursday at a location on Lewiston Road, Alabama.

John Paul Emilio Dougherty, 23, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed unreasonable, moved from lane unsafely, and driving left of pavement markings. Dougherty was arrested following an investigation by Deputy Jeremy McClellan into a vehicle accident on West Sweden Road, Bergen, at 2:20 a.m. Friday.

Michael John Romanowski, 45, of Green Leaf Meadow, Rochester, is charged with DWI, driving with a BAC of .08 or greater, refusal to take a breath test, and open container. Romanowski was stopped at a checkpoint on Lewiston Road, Alabama, at 8:07 p.m. Thursday by Deputy Jeremy McClellan.

Lovelle William Ince, 20, of 106th Avenue, Queens Village, is charged with two counts of criminal mischief, 4th. Ince allegedly punched a large hole in a wall and damaged a door at College Village in an incident reported at 4:21 p.m. on May 6.

Joseph Jonathan Kuzma, 38, of Byron Holley Road, Byron, is charged with grand larceny, 3rd, trespass, and criminal possession of stolen property, 5th. Kuzma was arrested by Deputy Ryan DeLong following an investigation into stolen property on Byron Elba Road. He allegedly stole property valued at more than $3,000. He was previously charged with petit larceny. He was also charged with trespass for knowingly and unlawfully entering and remaining on the premises. He allegedly knowingly possessed stolen property with intent to benefit himself in June 2016.

David W. Hockenberry, 30, of Tonawanda, is charged with driving while impaired by drugs, license plate violation, and moving from lane unsafely. Hockenberry was stopped at 5:40 p.m. Nov. 30, in Darien by State Police. He was arrested Friday. No further details released.

Mark A. Stoneham, 57, of Elba, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from the lane unsafely. Stoneman was stopped at 8 p.m. Thursday in the Town of Pembroke, by State Police.

Terrence S. Morgan, 23, of Rochester, is charged with DWI, driving while impaired by drugs, unlawful possession of marijuana, driving without a license, aggravated unlicensed operation, and speeding. Morgan was stopped at 2:30 a.m. Saturday on Route 33, Byron, by State Police. As part of the traffic stop, Asiana I. Wedlow, 21, of Rochester, was charged with criminal possession of a controlled substance, 7th.

May 14, 2018 - 12:01am
posted by Howard B. Owens in batavia, news, crime.

jackcentralassualtmay142017.jpg

City fire and Mercy EMS have been dispatched to Central and Jackson to tend to the victim of an assault.

Local law enforcement went to the secure channel several minutes ago. We don't know if these dispatches are related.

UPDATE 12:30 a.m.: Police officers are still sorting out what happened. We also spoke to a witness. A group of Genesee Community College students was walking on Central, possibly back from their "party house" on Central, where there may have been a prior confrontation. There was a confrontation between the students and another group at Jackson and Central. The other group carried at least two baseball bats. A witness who identified himself and the approximately dozen other people in the area as GCC students said one member of the other group pulled out a gun and started hitting one of the students in the face with it. He said the victim's face "was messed up." Later, medical personnel were looking with flashlights for teeth in the area of the assault. If found, a medic said, they could be perhaps re-implanted. Four or five people were being treated for head wounds. A Mercy ambulance just transported three people to UMMC.

While this was going on, police received a report of an unresponsive woman in a vehicle at 113 Jackson. That was unrelated and she was conscious and alert when we left the scene.

The incident that State troopers went to LE secure earlier must be unrelated to the Jackson Street incident since there were no troopers at Jackson and Central.

The Sheriff's Office did assist with Jackson and Central.

jackcentralassualtmay142017-2.jpg

May 11, 2018 - 12:41pm
posted by Billie Owens in crime, news, batavia.

A white male wearing a blue sweatshirt and khaki shorts fled Target on foot on Veterans Memorial Drive after a larceny in progress was reported. He was said to be by the dumpster behind Five Guys burger shop.

Law enforcement responded and he's now in custody.

He allegedly left the store with a $400 vacuum cleaner but dropped it and ran.

May 11, 2018 - 12:06pm
posted by Howard B. Owens in crime, batavia, news, Le Roy, notify.

Conner M. Beaumont, 18, of East Main Street, Le Roy, is charged with criminal possession of a controlled substance, 7th, criminally using drug paraphernaliap 2ndp and unlawful possession of marijuana. David C. Renteria, 18, of Bernd Road, Pavilion, is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Eric J. Bratcher, 29, of Pringle Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia. On Wednesday, Batavia PD conducted a traffic stop on a vehicle on Pringle Avenue. Members of the Local Drug Task Force participated in the traffic stop and found the occupants allegedly possessed crack cocaine, oxycodone, marijuana, and drug paraphernalia. Beaumont was also issued traffic citations.

Laura Ann Fronczak, 35, of Lake Street Road, Le Roy, is charged with driving while ability impaired by drugs, window tint violation, and unlawful possession of marijuana. Fronczak was stopped at 2:26 p.m. Wednesday on Route 33, Stafford, by Deputy Ryan DeLong.

May 11, 2018 - 12:30am
posted by Howard B. Owens in crime, batavia, news.
stjohndavon2017.jpg
    Davon S. St. John

Davon S. St. John, not yet even 20 years old, can expect to spend up to the next 15 years of his life in state prison for breaking into residences and stealing items in the City of Batavia.

St. John was sentenced this week on his burglary conviction.

His arrest was the result of an extensive investigation by Det. Thad Mart, Det. Matt Wojtaszczyk, Det. Eric Hill, Det. Rich Schauff, Det. Kevin Czora, Officer Jason Davis, Officer Kevin DeFelice, and Officer Mitchell Cowen.

The 19-year-old Oak Street resident broke into five homes on Ellicott Avenue, Montclair Avenue and Union Street, Batavia.

He entered a guilty plea to burglary April 4.

Over the course of his crime spree, he stole $180 in U.S. currency, an HP laptop, book bag, calculator, butcher knife, Samsung electronic tablet, 2004 Jeep, 40-inch Vizio television, MAC Book Air, Harman Kardon Wireless speakers, MAC Magic mouse, Apple Series 2 watch, Alexa Echo Show, $400 in U.S. currency, silver coins, Halloween candy, four gold chains, a gold dome ring and four blank (bank) checks. 

Once released from prison, St. John will serve five years probation.

May 10, 2018 - 6:22pm
posted by Howard B. Owens in crime, byron, news, notify.

It's been 22 years since Guadalupe Hernandez was arrested on a burglary charge in the Town of Byron but just this past week an appeals court ruled his three-to-six-year sentence handed down in 2016 was "too harsh."

The sentence was reduced to one year.

Hernandez, 41, was first arrested in 1996. He failed to appear for his arraignment on the felony charge and was re-arrested in 2011. In November, he entered a guilty plea with a sentence cap of five years in prison. He then disappeared again -- in both cases, he reportedly left the area -- and wasn't re-arrested until 2016.

The Appellate Division, Fourth Judicial Department, agreed with the argument by Hernandez's attorney that the sentence was unduly harsh considering the nature of the crime.

"My understanding is that it may have been in part because of the nature of the burglary," District Attorney Lawrence Friedman said. "Apparently, there was a fight going on outside of a residence and, I believe, the defendant chased someone else into the residence and continued it, or did something, but entered with the intent to commit a crime.

"So it's not what you probably think of as your typical burglary. It wasn't someone breaking into someone's home to steal something. So that certainly may have been one of the factors weighed on appellate division finding this to be harsh."

The court rejected the defense contention that Hernandez wasn't properly warned that if he failed to appear in court he would lose his sentence cap, stating that since Hernandez didn't object in court he had failed to preserve that contention for court review.

Friedman said overturning sentences as too harsh is rare, primarily because most sentences are part of a plea agreement and the defendant clearly agreed to these terms.

Some years ago, Friedman's office started requiring defendants who enter a plea agreement to waive their right to appeal the sentence as a condition of the plea deal. Hernandez was convicted before that practice was established.

May 10, 2018 - 2:42pm
posted by Billie Owens in notify, indian falls log cabin, news, crime.

The shooting by a deputy that resulted in the death of Keith Kent in the parking lot of the Indian Falls Log Cabin Restaurant the night of April 11 was deemed justified, the District Attorney's Office announced at a press conference this afternoon.

The Genesee County Grand Jury returned "No Bill" for Sheriff's Deputy Ryan W. Young after a thorough investigation by State Police and a complete review of the evidence by the jury, District Attorney Lawrence Friedman said.

Follow Up: All evidence pointed to justified shooting at Log Cabin, DA says after Grand Jury clears deputy

Pages

Subscribe to

Calendar

S M T W T F S
 
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
24
 
25
 
26
 
27
 
28
 
29
 
30
 
31
 
 
 

Copyright © 2008-2017 The Batavian. Some Rights Reserved. Privacy Policy | Terms of Service
Original content available for non-commercial use under a Creative Commons license.
Contact: Howard Owens, publisher (howard (at) the batavian dot com); (585) 250-4118

blue button