crime

A Le Roy resident was arrested after police investigated complaints that he was repeatedly allowing groups of people in his residence for the purpose of smoking marijuana.

Jason Lee Perry, 22, of Myrtle Street, Le Roy, is charged with one count of criminal nuisance in the second degree. He was jailed on $3,000 bail.

Le Roy PD says this was an ongoing issue and such gatherings occurred on a regular basis. Police said they received multiple complaints from neighborhood residents who were concerned and bothered by it.

A melee on Holland Avenue on Friday evening involved multiple underage youths and a BB gun, and when police arrived, two adults got involved, and then, there was a kitchen fire.

The result: Two adults and one juvenile arrested, at least one person taken to a hospital, and a ruined dinner.

The adults charged were Jaequele M. Tomlin, 22, of East Main Street, Batavia, and Lionel J. Anderson Sr., 45, of Oak Street, Batavia.

Tomlin is charged with disorderly conduct, attempted assault, 2nd, obstructing governmental administration and resisting arrest.

Anderson was charged with disorderly conduct.

Batavia PD, along with troopers and deputies, responded to a report of multiple individuals involved in a fight with at least one weapon involved at 4:37 p.m.

Once police arrived, another fight broke out.

That fight allegedly involved the adults, and Tomlin allegedly then fought with officers on scene.

A 16-year-old is also charged with criminally using drug paraphernalia.

A witness said the fight started on Holland Avenue, with several youths taking off their shirts and engaging each other in a physical fight.

One youth reportedly shot another youth with a BB gun.

The person shot was a juvenile and his name has not been released.  

Police said there was one injury as a result of the shots, but did not specify who was shot. The victim was treated and released at UMMC.

As police were attempting to sort out the incident, a kitchen fire broke out at 23 Holland Ave. and a woman came out of the house complaining that with all the commotion, she wasn't able to pay attention to cooking dinner.

City fire was already on scene to assist with medical issues and firefighters quickly dealt with the fire and kept it from spreading.

The fire seems to have started with a pot on the stove and spread to the wall behind a microwave.

Tomlin was ordered held without bail.

Police say the investigation is ongoing and they don't anticipate releasing more information until the coming week.

(Initial Report)

Nicholas A. Cianciosi, 68, of 400 E. Main St., Apt. #429, Batavia, is charged with second-degree criminal mischief -- property damage greater than $1,500. The defendant is accused of intentionally knocking over a 2003 Harley-Davidson motorcycle that was parked in the 400 Towers apartment complex parking lot, causing $5,014.78 in damage to the motorcycle. The incident allegedly occurred at 6:15 p.m. on May 23. Cianciosi is due in Batavia City Court on June 21 to answer the charge. The case was handled by Batavia Police Officer Frank Klimjack.

Karissa K. Sardina, 34, of Needham Street, Perry, is charged with endangering the welfare of a child and having an unattended motor vehicle. It is alleged that at 11:55 a.m. on June 1 on Main Street in Batavia that Sardina parked her vheicle in the parking lot of a local bank and left the vehicle running and unattended. She is accused of leaving her 3-year-old daughter in the car to go inside the bank and conduct personal banking business. She was due in City Court June 6 to answer the charges. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Kevin DeFelice.

Marshall R. Steffans, 38, of Condon Avenue, Buffalo, is charged with two counts of endangering the welfare of a child -- acting in a manner injurious to a child under age 17, criminal mischief -- intentionally damaging property, and third-degree criminal assault -- acting with intent to cause physical injury. Steffans was arrested on June 2 on an arrest warrant out of City Court on the charges, which followed his arrest on April 18 on Liberty Street in the city following a domestic incident. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Arick Perkins.

Michael T. Coffey, 48, of South Main Street, Albion, is charged with third-degree burglary, criminal mischief -- intentionally damaging property, and petit larceny. Coffey was arrested at 6 p.m. on June 5 on East Main Street in Batavia after police responded to a reported burglary in progress. While officers were en route, the suspect was located in the area and detained. Coffey is accused of breaking a window and stealing property from inside the building. He was due in Batavia City Court on June 6. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Nicole McGinnis.

Brandon James March, 32, of South Main Street, Batavia, is charged with disabling equipment -- preventing communication with emergency services, and fourth-degree grand larceny -- taking property from another person. March was arrested on Cone Street in Batavia at 10:05 p.m. on June 2 following a domestic incident. March is accused of taking a cell phone belonging to another person while that person was attempting to call 9-1-1. He was jailed without bail and was due in City 
Court June 5. The case was handled by Batavia Police Officer Jason Ivison.

Andrew Charles Maier, 30, of Main Road, Corfu, is charged with aggravated DWI with a BAC of .18 percent or more with one prior conviction, DWI with a previous conviction within the last 10 years, and speeding over 55 mph. He was arrested at 8:29 p.m. on June 3 on Colby Road in Pembroke following a traffic stop. He was issued an appearance ticket for Town of Pembroke Court on July 18. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Eric Seppala.

Patrick D. Moore, 39, of Strouts Road, Elba, is charged with third-degree criminal mischief -- intentionally damaging another person's property in an amount greater than $250. Moore was arrested June 4 on an arrest warrant out of City Court. Batavia police were dispatched on March 1 to 13 Holland Ave., Batavia, for a disturbance. After an investigation, charges were levied and an arrest warrant was issued for Moore. He was due back in City Court on June 5. The case was handled by Batavia Nicole McGinnis, assisted by Officer Chad Richards.

Bennie Wright, 32, of Jay Street, Rochester, is charged with fourth-degree grand larceny and unlawful possession of marijuana. At 5 p.m. on June 3, Wright allegedly stole money from another person on Central Avenue in Batavia by taking the money out of the person's hand. Wright was allegedly found to possess marijuana during his arrest. The case has handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Davis.

Nichol L. Schutt, 29, of West Crest Drive, Gates, is charged with second-degree harassment. On June 3, Batavia police arrested Schutt on an arrest warrant -- stemming from an unspecified incident at 1:50 a.m. on June 1 on West Main Street in Batavia -- after Gates police detained her for a traffic stop. She posted $500 bail and was released. She is due in City Court on June 14. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

Morgan L. Cox Jr., 25, of Xavier Street, Clarence, is charged with DWI, unlicensed operation of a motor vehicle, and refusal to take a breath test. Cox was arrested after an investigation into a fight that occurred on Trumbull Parkway, Batavia, at 11:05 p.m. on June 3. Witnesses allegedly identified Cox as being involved in the fight and claimed he drove away from the scene. He was located in the area and subsequently arrested. He was jailed on $1,000 bail. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Felicia DeGroot.

Travis Martin Klotzbach, 26, of Elm Street, Batavia, is charged with: moving from lane unsafely; drinking alcohol in a motor vehicle on a highway; DWI -- common law; and aggravated DWI -- per se -- with a BAC of .18 percent or more. Klotzbach was arrested following a traffic stop at 10:02 p.m. on June 3 on Pearl Street. Police pulled over his 1997 blue Ford Expedition after a complaint of erratic driving. He was allegedly found to be operating the vehicle while intoxicated with a BAC of .23 percent. He was issued traffic tickets and released. He is due in City Court on June 14. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Bolles.

Aisha I. Culver, 18, of Willow Street, Batavia, is charged with second-degree harassment -- physical contact, and endangering the welfare of a child -- acting in a manner injurious to a child under age 17. She was arresred on May 26 on Willow Street. The charges are linked to a disturbance that police responded to at 8:05 p.m. on May 20 on Maple Street. She was released with an appearance ticket and was due in City Court on May 30. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Arick Perkins.

David P. Grossman Sr., 34, of West Main Street Road, Batavia, is charged with obstructing governmental administration and unlawful possession of marijuana. The charges stem from an incident at 5:44 p.m. on March 1 on State Street, Batavia. Officers responded to a distrubance and it is alleged that Grossman Sr. was resistant with officers and tried to prevent the officers from taking him into custody. After his arrest, he was allegedly found to possess marijuana. He was due in City Court June 6. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Frank Klimjack.

Dora L. Poodry, 23, of East Main Street, Batavia, is charged with petit larceny. She was arrested on May 28 on East Main Street in Batavia after allegedly stealing multiple items from a convenience store. She was issused an appearance ticket and was due in City Court on June 6. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Lindsay Christopher.

Thomas A. Carson, 41, of Wood Street, Batavia, was arrested on June 5 on a Batavia City Court bench warrant issued May 5. He was jailed on $2,500 bail and was due back in court the same day as his arrest, June 5. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Matthew Wojtaszczyk.

Patrick J. Dickinson, 48, of East Henrietta Road, Henrietta, is charged with second-degree harassment and unlawful possession of marijuana. He was arrested following the investigation into a road rage incident which occurred at 10:05 a.m. on June 3 on Main Street in Batavia. Dickinson is accused of chasing down the occupants of another vehicle and shoving one of them. At the time of his arrest, marijuana was allegedly located inside his vehicle. He was released on an appearance ticket was due in City Court on June 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Sgt. Dan Coffey.

Christopher M. Grant, 28, of Schaefer Drive, West Seneca, was arrested June 3 on a bench warrant out of City Court. The warrant was issued after Grant failed to appear on a misdemeanor traffic ticket. He posted $250 bail and was released. He is due back in City Court on June 20. The case was handled by Batavia Police Officer Christopher Lindsay.

Several city police units are responding to Holland Avenue for a reported fight outside involving several people. The call was then switched to a secure communications channel.

UPDATE 4:45 p.m.: There was Taser deployment.

UPDATE 4:47 pm.: Mercy medics are en route to 1 Holland Ave.

UPDATE 4:48 p.m.; A male subject suffered a BB shot to the chest.

UPDATE 4:53 p.m.: An ambulance from Alexander is called to respond to the city's incident involving "several victims of assault."

UPDATE 5:16 p.m.: City fire is responding to a reported cooking fire on the stove at 23 Holland Ave., which is also one of the places involving people in the police incident.

UPDATE 5:22 p.m.: The fire appears to be out, according to a dispatcher.

UPDATE 5:30 p.m.: Medics are transporting to UMMC a 45-year-old male who was pepper sprayed in the face and a 16 50-year-old male who was shot in the chest with a BB gun. 

UPDATE 6:44 p.m.: Batavia Police Chief Shawn Heubusch at the scene said the call that came in was for a fight involving about 30 people, including the possible use of weapons. Police responded and the incident involved a number of mostly juveniles. Some adults, possibly parents, were also at the scene. At least one adult male was Tazed and another adult male -- or possibly even the same one -- was pepper sprayed by police. A witness said initially, before officers arrived, there was shouting, some individuals took their shirts off, then fighting ensued. Police arrived shortly thereafter, along with medics, and the city fire department responded to a cooking incident -- stove fire that spread to a wall -- that occurred during the ruckus. Heubusch said a press release is being prepared and will be released later.

Joseph B. James is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on May 7 in the City of Batavia that James, with intent to prevent a police officer from performing a lawful duty, caused physical injury to a police officer. In count two, James is accused of the crime of third-degree criminal mischeif, a Class E felony. It is alleged in count two that James damaged another person's property in an amount exceeding $250 -- a surveillance camera and housing in the holding room at the BPD on West Main Street in the City of Batavia.

Shawn M. Twardowski is indicted for the crime of third-degree robbery, a Class D felony. It is alleged that on Jan. 26 in the City of Batavia that the defendant forcibly stole property -- a cell phone. In count, Twardowski is accused of the crime of cruelty to animals, a Class A misdemeanor, according to the state Agriculture and Markets Law Section 353, and it is alleged that he cruelly beat and strangled a dog belonging to a female.

Darrell Smith is indicted for the crime of first-degree coercion, a Class D felony, for allegedly threatening to kill three people on May 6 in the City of Batavia. Smith is accused of compelling or inducing a male to abstain from engaging in conduct in which he had a legal right to engage. Smith allegedly held a knife in his hand and a glass bottle in another as a means of instilling fear in the victim that, if his demand was not complied with, the defendant would cause him physical injury. Smith allegedly threatened the victim with physical injury if the victim were to try and leave the residence before "he produced property demanded by the defendant." In counts two and three, Smith is accused of the same crime on the same day involving another male victim and a female victim, respectively. In count four, Smith is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by applying pressure on the throat or neck of a male victim. In count five, Smith is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging another person's property -- a shelving/stereo unit and items displayed or stored on the unit. In count six, Smith is accused of second-degree menacing, another Class A misdemeanor, for allegedly intentionally placing or attempting to place a male victim in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon -- a knife.

Christina V. Dadey, 43, of Corfu, is facing numerous charges after an investigation following a 9-1-1 call about an erratic driver around 4 p.m. on June 7. Dadey was stopped on Gulf Road in the Village of Wyoming by Wyoming County Sheriff's Deputy Aaron Chase and Sgt. Colin Reagan. They had responded to a call that originated in Genesee County about a vehicle that was all over the road. The vehicle had failed to keep right and the driver was pulled over and a roadside investigation was completed along with field sobriety testing. Dadey was subsequently arrested on suspicion of DWI and transported to the Wyoming County Sheriff's Office where she allegedly supplied a positive BAC or .18 percent or higher. She was charged with DWI, aggravated DWI, failure to use an ignition interlock device and consumption of alcohol in a motor vehicle. Dadley was convicted earlier this year of DWI, making this a felony arrest. She was put in Wyoming County Jail on $500 cash bail or $2,000 bond. She is due in Town of Middlebury Court on June 19.

Marissa Marie Yott, 21, of Livingston Street, Warsaw, is charged with second-degree assault. Yott was arrested at 7 p.m. on June 3 on Alleghany Road in Darien after allegedly striking another person in the head with a glass bottle, which caused injury to the victim. Yott was arraigned in Pembroke Town Court and subsequently released under supervision of Genesee Justice pending futher court appearances to be scheduled in Darien Town Court. The case was handled by Genesee County Sheriff's Deputy Joseph Graff, assisted by Deputy Ryan Young.

Jordan David Edenholm, 28, of Gabbey Road, Corfu, is charged with: operating a motor vehicle with a BAC of .08 percent or more, first offense; DWI -- first offense; DWAI (driving while ability impaired) -- combined influence of drugs or alcohol and drugs; criminal possession of a controlled substance, 7th; and unlawful possession of marijuana. At 7:57 a.m. on June 8, Edenholm was arrested on Griswold Road in Stafford. Following a traffic stop, Genesee County Sheriff's deputies conducted an inventory search of the vehicle and allegedly found a controlled substance and marijuana. The defendant was released on appearance tickets and is due in Stafford Town Court on July 27. The case was handled by Deputy Chad Cummings, assisted by Deputy Andrew Hale.

Rachel Ann Baehr, 30, of Linwood Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, moving from lane unsafely, and speed not reasonable and prudent. Baehr's vehicle reportedly struck a utility pole on Main Street, Alexander, at 5:42 a.m. Tuesday. When deputies arrived on the scene, there was smoke coming from the vehicle and the pole was broken. Baehr was located walking around the vehicle. She was arrested following a field sobriety test. (Initial Report).

Tara Lynn Thurley, 38, of Bethany Center Road, Bethany, is charged with grand larceny, 3rd, and falsifying business records, 1st. Thurley is accused of stealing money from her employer in Pavilion and making false entries into business records of the company in an effort to conceal the theft. She was arraigned and released under supervision of Genesee Justice.

Carol Grasso, a Batavia resident, purchased two large hanging baskets with petunia flowers for her mother’s grave in Grandview Cemetery. She bought two large heavy duty shepherd hooks to hold the heavy baskets and secured the baskets on the hooks with duct tape.

When she returned to the cemetery shortly after, the baskets and the hooks were gone.

“Everyone gets flowers and we make the cemetery look nice,” Grasso said. “I don’t know how someone could steal from the dead.”

This year, she spent around $100 for the hanging baskets and hooks.

“It’s a shame,” Grasso said. “You work so hard for your money and then it’s just gone.”

Russell Joy can sympathize.

He buys flowers every year for his wife’s grave, but they always disappear. Last year, the hanging baskets disappeared two times. This summer, the baskets have disappeared once. Joy replaced the flowers, spending around $40 each time. 

Joy said he has been putting plants at the grave for a long time but has never had trouble before last summer. This year, the plants disappeared closer to Memorial Day, whereas in 2016, they disappeared a month before Memorial Day. 

Last summer, hoping to find out who was stealing the plants, Joy put a hunting camera in a nearby tree, but was unable to determine the perpetrator.

Grasso said the only rule the cemetery has on flowers, is that the hanging baskets need to be high enough off the ground so they can mow the grass. 

Joy and Grasso reported the thefts to the police, who said they would increase the frequency of patrols through the cemetery.

“This type of crime is difficult to investigate,” Chief Deputy Gordon Dibble said. “There’s no DNA, no fingerprints, there’s a shortage of witnesses. It’s not a crime that is easily solved."

Dibble said it is an aggravating crime.

“The frustration is that it’s a thoughtless crime,” Dibble said. “What kind of person would steal flowers from a grave?”

At her mother's tombstone, Grasso replaces the hanging baskets and hooks with smaller, less expensive ones. 

A person is reportedly riding a lawn mower southbound on Harvester Avenue in the city while drinking a beer. Batavia police are responding.

Nicholas Michael Lotemplo, 18, of Chicory Lane, East Amherst, is charged with assault, 2nd. Lotemplo is accused of punching another person causing severe injury at Darien Lake the night of the Chance the Rapper concert. He was released under supervision of Genesee Justice.

Frederick Beniamino Ellis, 50, of West Main Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, speeding, failure to dim headlights and driver's view obstructed. Ellis was stopped at 2:22 this morning on Route 77, Pembroke, by Deputy Eric Meyer.

Jeremy Clifford John Newton, 28, of Greenfield Road, Rochester, is charged with criminal possession of marijuana, more than 25 grams, and failure to stop at stop sign. Newton was stopped at 8:53 p.m. Sunday on South Lake Avenue, Bergen, by Deputy Michael Lute.

Andrew Charles Maier, 30, of Main Road, Corfu, is charged with felony DWI and felony driving with a BAC of .18 or greater and speeding. Maier was stopped at 8:12 p.m. Saturday on Colby Road, Pembroke, by Deputy Jeremy McClellan.

Christina June Morabito, 35, of Chili Center Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and failure to dim headlights. Morabito was stopped at 2:54 a.m. Sunday on Route 33, Bergen, by Deputy Mathew Clor.

The following people were arrested by the Genesee County Sheriff’s Office during the Jason Aldean concert at Darien Lake Performing Arts Center on Saturday.

Brandon Guevara, 27, of Montana Lane, Clifton Springs, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance at the concert venue, striking a Live Nation security officer and then resisting arrest. Guevara was arraigned in Darien Court and put in jail in lieu of $1,000 bail.

James M Craft II, 42, of Baxter Avenue, Alden, is charged with harassment, 2nd, after allegedly grabbing and shoving a Darien Lake security officer in the venue parking lot.

A man wearing an all white painter's uniform was found by maintenance workers inside the Salvation Army center on East Main Street in Batavia after breaking a window and entering the facility. He was said to have "smelled of alcohol" and fled on foot after he was caught.

Police are allegedly out with the suspect now in front of GCASA on East Main Street.

A caller to dispatch reports a subject walked into the Rite Aid at Lewiston Road and West Main Street, plucked a beer from the cooler, open it, and started drinking it inside the store. He's working on beer #2 now. Law enforcement is responding.

UPDATE 2:56 p.m.: Law enforcement is on scene. Mercy medics called.

UPDATE: This is a photo of the actual truck.

Batavia farmer George Putt woke up this morning, early as usual, and found his 2014 blue Ford F250 super duty crew cab pickup truck had been stolen from Offhaus Farms sometime between 9 p.m. Thursday night and 5 a.m. today, June 2.

Offhaus Farms is located at 7892 Oak Orchard Road in the Town of Batavia.

It has a Dale Earnhardt Jr. license plate frame(s) and is desparately needed because it's the only transportation Putt has to take his sick girlfriend back and forth from regular, ongoing medical treatments at Rochester General Hospital.

The Genessee County Sheriff's Office confirmed this afternoon that the truck was stolen.

If you have seen this truck or have any information about it, please contact Deputy Andrew Hale at the Sheriff's Office by calling 343-5000. 

Ian Jarreau Blake, 30, of Liberty Street, Batavia, is charged with criminal possession of marijuana in the fifth degree. Blake was stopped on Route 33 in Corfu at 10:31 p.m. on June 1 by the Corfu Police Department and allegedly found to possess a quantity of marijuana exceeding 25 grams. He was also found to a have an active bench warrant out of Family Court. He was released on appearance tickets for the marijuana charge and the matter of the Family Court bench warrant was transferred over to the GC Sheriff's Office for handling. The Corfu PD case was handled by Officer Lonnie Nati and Officer Richard Retzlaff.

Andrew Scott Bradstreet, of Telegraph Road, Holley, is charged with unlawful possession of marijuana and a vehicle registration plate violation. Bradstreet was stopped at 8:29 p.m. May 31 on Searls Road in Byron following the alleged observation of a vehicle and traffic violation. The defendant allegedly possessed a small quantity of marijuana. He was issued an appearance ticket for Town of Byron Court for June 7. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

The following people were arrested by the Genesee County Sheriff’s Office during the Chance the Rapper concert at Darien Lake Performing Arts Center on Wednesday:

Brandon T. Sanzo, 20, of Favara Circle, East Rochester, is charged with criminal trespass, 3rd, after allegedly climbing on top of a concert venue building.

(Name redacted), 16, of Harwood Avenue, Hamburg, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

(Name redacted), 16, of Chatham Woods, Pittsford, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Adam N. Dudek, 18, of Helmsford Way, Penfield, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Daniel V. Avetisyan, 19, of Simone Terrace, Webster, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Sophia I. Ricco, 20, of Westminster Circle, New Hartford, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

David M. Koeppel, 21, of Flohr Avenue, West Seneca, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Drake A. Franciosa, 19, of Cooper Street, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Johnathan R. Kyte, 19, of Spencer Road, Hilton, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Joseph R. P. Aronson, 32, of Starboard Lane, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

(Name redacted), 18, of East Park Road, Pittsford, is charged with criminal trespass, 3rd, and unlawful possession of marijuana after allegedly jumping a fence into the concert venue after being ejected and told not to return, and being found in possession of a quantity of marijuana.

(Name redacted), 17, of Hollingson Road, Clarence, is charged with criminal trespass, 3rd, and criminal impersonation, 2nd, after allegedly being found inside the backstage area of the concert venue after being ejected and told not to return and then provided another person’s identity.

(Name redacted), 17, of Heise Road, Clarence, is charged with criminal trespass, 3rd, and criminal Impersonation, 2nd, after allegedly being found inside the backstage area of the concert venue after being ejected and told not to return and then provided another person’s identity.

Kevin M. OBrien, 20, of Valais Court, Fairport, is charged with criminal trespass, 3rd, after allegedly jumping over a fence to enter the concert venue.

Anthony T. Sanzo, 22, of Lauren Court, Webster, is charged with criminal trespass, 3rd, and harassment, 2nd (two counts), after allegedly being found inside the concert venue after having been ejected and told not to return, and he also allegedly punched and kicked two Live Nation employees.

(Name redacted), 19, of Pinegrove Avenue, Irondequoit, is charged with grand larceny, 4th, criminal mischief, 4th, and harassment, 2nd, after allegedly stealing a wallet and damaging another person’s property after elbowing them in the face.

Robert M. Helbringer, 18, of Clarence Center Road, Clarence, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Maria M. Mankowski, 19, of Sunset Drive, Grand Island, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Cassy L. Drury is indicted for the crime of third-degree rape, a Class E felony. It is alleged that on Jan. 23 in the Town of Le Roy that Drury, who is a female over the age of 21, engaged in sexual intercourse with another person less than 17 years old. In counts two and three, she is accused of committing the same crime on Jan. 30 and  31, respectively, also in the Town of Le Roy. In count four, Drury is accused of third-degree stalking, a Class A misdemeanor. It is alleged in count four, that Drury -- with intent to harass, annoy or alarm a specific person -- intentionally engaged in a course of conduct directed at that person. This alleged course of conduct was likely to cause such person to reasonably fear physical injury, serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of this person or a member the person's immediate family.

Charles Schilling, who has already had to change attorneys once, had several requests for County Court Judge Charles Zambito today: he wants a new attorney; he wants a change of venue; he wants a copy of the Grand Jury transcripts; he wants a copy of any of the discovery gathered in his case; he wants tapes or transcripts of calls he believes were recorded. 

He was very polite to Zambito while reading the statement he prepared and in responding to Zambito's questions or statements, but much of what he asked for, he isn't getting.

Schilling, a resident of Akron, but currently being held in the Livingston County Jail, was indicted on counts of second-degree burglary and second-degree criminal trespass a year ago. The charges stem from an apparent dispute with a woman in Pembroke. On Thanksgiving Day, Schilling was reportedly shot in the leg by the woman's father after he allegedly broke into their home.

Public Defender Jerry Ader became Schilling's attorney suddenly a couple of weeks ago after the private attorney who had been handling the case quit. Apparently, there were phone conversations between Schilling and the attorney that prompted the attorney to quit the case.

Schilling said he was just trying to ensure he was getting good representation because his parents laid out $15,000 for his defense. He wanted tapes of the conversations he had with his attorney because he believes the recordings, which he believes exist, would exonerate him of the accusation of speaking inappropriately to the attorney.

Zambito told him he has a new attorney, he's keeping his new attorney because he failed to show adequate cause for new appointed counsel, and any issue with his prior attorney was settled, as far as the court is concerned, once the attorney was removed from the case.

Schilling said he doesn't believe he can get a fair trial in Genesee County because he believes his troubles in the Genesee County Jail -- the reason he's being held in Livingston County -- will spill over into his trial.

Zambito denied his request for a change of venue.

Assistant Public Defender Robert Zickl said Schilling isn't entitled to copies of the Grand Jury transcripts, by statute, until his case goes to trial, and he shouldn't have them until then, and Zambito agreed.

Schilling also claimed that a person involved in the case was involved in making a pornographic video that can be found online and he wanted information on the investigation into the video.

Zickl said there is no such video; there is no investigation and there won't be an investigation.

As for other discovery, Ader is in the process of obtaining those documents and statements and asked for another 30 days to obtain and review the material.

Serial sexual predator Marlek Holmes will be locked away in state prison for 15 years, with more local charges pending, after his sentencing in Genesee County Court today.

The 43-year-old Holmes, who has already spent 14 years of his adult life in prison and is a registered Level 3 sex offender, read a lengthy statement to Judge Charles Zambito before his sentencing in which he declaimed all responsibility for the sexual assault on his underage victim except that he should have been the one protecting her from another, unnamed, assailant. 

"If I had not been in prison, I would have been there to protect her from the person who sexually abused her," he said.

His victim also spoke in court -- a slight girl, barely in her teens, whose pink pants fit loosely on her thin frame -- and cried throughout most of her statement, which both described the horror she knows she will always live with and the pain of the physical assaults.

"I'm scared to even look at you," she said.

She said she can forgive but never forget.

"I wish you the best," she said. "I know you're not going to make it, but God bless."

Holmes, wiry and muscular, sat casually at the defense table, dressed in an orange jail jumpsuit, with his hands cuffed to his waist, and never looking at the girl.

District Attorney Lawrence Friedman said Holmes caught quite a break in getting a plea agreement the day his trial was supposed to start May 4. Holmes was originally charged, in this case, with Class A felonies of predatory sexual assault and predatory sexual assault against a child. A conviction in a jury trial may have meant a life sentence.

Friedman said he believes a life sentence would be appropriate, but the deal -- saving the girl, who said she also favored Holmes getting life in prison, the necessity of testifying -- allowed Holmes to plead guilty to a Class C violent felony, attempted criminal sexual act in the first degree.

After going through Holmes' lengthy criminal record, which includes prior sexual assaults, two prison terms, two periods on parole, and still 27 counts of other criminal charges, Friedman said Holmes deserved no more consideration in his sentence than what he's already received.

"He is a sexual predator," Friedman said. "He has always been a sexual predator. He will always be a sexual predator."

Zambito noted the contradiction between the statement provided by Holmes and the clear, emotional statement by his victim naming him as the abuser. Holmes, he said, did get a substantial break with the plea deal.

"I can't conceive of any legitimate reason to give anything other than the maximum sentence this plea allows," Zambito said.

A trial date for the other charges against Holmes was set for Aug. 28, but both Fred Rarick, representing Holmes, and Friedman, said they would discuss a possible plea deal to settle those charges as well.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with disorderly conduct, obstruction of governmental administration, and resisting arrest.On May 27, Batavia PD responded to an address on Jackson Street for a reported disturbance. While on location, police allegedly observed McNear acting in a "violent and tumultuous way." McNear was taken into custody after a brief physical altercation. The defendant was arraigned and jailed on $1,000 cash or bond. McNear is due back in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Foels.

Michael Bryan German, 34, of Ellicott Street, Batavia, is charged with DWI, aggravated DWI with a BAC of .18 percent or higher, and moving from lane unsafely. At about 1 a.m. on May 27, Genesee County Sheriff's Deputy Ryan Young was traveling east on Route 5 in the City of Batavia when a Ford pickup truck allegedly moved from its lane unsafely, almost striking Deputy Young's vehicle. Deputy Young initiated a traffic stop on the pickup truck. After a brief investigation of the driver, German was taken into custody and charged as noted. German was issued appearance tickets and released. The defendant is due in City Court on June 21 to answer the charges.

Darazian "Willie Paul" Williams, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance in the 7th degree and failure to keep right. At 7:29 p.m. on May 25 on Alexander Road, Alexander, Williams was arrested following a property damage accident. He allegedly possessed amphetamine pills at the time. He was issued an appearance ticket for Town of Alexander Court on June 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Sgt. Jason Saile.

Chris Kaboingo Mukendi, 28, of Mill Street, Le Roy, is charged with criminal possession of a controlled substance in the seventh degree. Mukendi was arrested at 7:29 p.m. on May 25 on Alexander Road in Alexander followinf a property damage accident. Mukendi allegedly possessed amphetamine pills at the time. The defendant was issued an appearance ticket for Town of Alexander Court on June 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Sgt. Jason Saile.

Alan P. Ellis, 36, of Woodstock Gardens, Batavia, is charged with criminal contempt in the second degree -- violating a valid order of protection. Ellis allegedly sent text messages to a protected party on Ellsworth Avenue, Batavia, in violation of a duly served order of protection out of Batavia City Court. He was subsequently arrested and jailed in lieu of $1,000 bail. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Peter Flanagan.

Philip S. Pompey, 28, of Lark Street, Buffalo, is charged with aggravated unlicensed operation of a motor vehicle, 3rd. He was arrested May 27 on a warrant out of City Court and is due in City Court this afternoon. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Darryle Street.

Katrina L. Thigpen, 34, of Thrope Street, Batavia, is charged with offering to file a false instrument in the first degree and issuring a false financial statement with intent to defraud. Thigpen was arrested at her residence after she allegedly provided GC Probation Department with false NYS and Federal tax return information on May 15. She was issued an apearance ticket and released. She is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Paul E. Tenney, 71, of East Morganville Road, Stafford, responded to Batavia Police Department Headquarters on his own accord after a bench warrant was issued. He was subsequently arrested for NYS Fire Code violations, which allegedly occured at 198 Ellicott St. at 1:30 p.m. on May 19. He is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

A 17-year-old who lives on Slocum Road, Perry, is charged with unlawful possession of marijuana. Following a complaint on May 28 at 9:54 p.m. on Veterans Menmorial Drive, the defendant was arrested for allegedly possessing a small quantity of marijuana and issued an appearance ticket for Town of Batavia Court on June 26. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Ryan DeLong.