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Law and Order: Pair of teens from West Seneca busted for alleged pot possession

By Billie Owens

(name redacted upon request), 19, and (name redacted upon request), 18, both of Pacecrest Court, West Seneca, are charged with unlawful possession of marijuana. At 8:02 p.m. on July 3, the driver, (name redacted upon request), was stopped on Clinton Street Road in the Town of Batavia following the observation of an alleged vehicle and traffic violation. At the time, both (name redacted upon request) and (name redacted upon request) allegedly possessed a quantity of marijuana and drug paraphernalia. The defendants were issued appearance tickets for Town of Batavia Court on July 31. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong and Deputy Michael Lute.

Grand Jury indicts man on five counts related to alleged DWI on Route 19 in Le Roy

By Billie Owens

Evan M. Wilson is indicted for the crime of aggravated unlicensed operation in the first degree, a Class A felony. It is alleged that on May 6 in the Town of Le Roy that Wilson drove a 2006 Toyota on Route 19 while knowing, or having reason to know, that he driver's license was suspended, revoked or otherwise withdrawn by authorities. He allegedly had three separate suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In addition, Wilson is accused of driving on May 6 while under the influence of alcohol or a drug. In count two, the defendant is accused of the crime of DWI, as a misdemeanor. In count three, he is accused of the offense of unlawful possession of marijuana on the same date. In count four, Wilson is accused of speeding, a traffic offense, for driving in excess of 55 mph. In count five, Wilson is accused of the offense of refusing to submit to a breath test on that date.

Law and Order: Oak Street man charged with possessing heroin and cocaine, and using a stolen credit card

By Billie Owens

Jason M. Guiliani, 38, of Oak Street, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Guiliani was charged following a traffic stop at 1:46 p.m. on July 1 on West Main Street in Batavia. Allegedly, a quantity of heroin, cocaine and drug paraphernalia was found in the vehicle and on the defendant. He was issued an appearance ticket for July 3 in City Court. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Marc Lawrence.

Jason M. Guiliani, 38, of Oak Street, Batavia, is charged with: unlawful possession of personal ID -- used in the commission of a crime; second-degree identity theft -- assuming another person's identity and then committing a felony; and criminal possession of stolen property in the fourth degree -- credit card. Guiliani was located on July 1 after an unrelated traffic stop on West Main Street in Batavia and then arrested after an investigation allegedly revealed he possessed and used a stolen credit card on Dec. 24 on West Main Street. He was jailed in lieu of $10,000 bail -- cash or bond. Guiliani is due in court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Sgt. Dan Coffey.

Christopher Scott E. Knox, 23, of Old Pike Road, Fitzpatrick, Ala., is charged with: DWI -- common law; DWI -- with a BAC of .08 percent or more; speeding; and refusal to take a prescreening breath test. At about 12:27 a.m. on June 29, Batavia police conducted a traffic stop on Oak Street of a Subaru for an alleged speed violation. Investigation resulted in Knox being arrested for DWI. He was due in City Court on July 5. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Michael L. Williams, 37, of 332 W. Main St., Room #3, Batavia, is charged with first-degree aggravated criminal contempt. At 3:15 p.m. on June 27, Williams allegedly violated an order of protection by having contact with the protected party on Highland Park, Batavia. Since Willams has a prior conviction within the previous five years for first-degree criminal contempt, he was arrested and charged with the June 27 crime cited. He was jailed without bail. The case was handled by Batavia Police Officer Frank Klimjack.

Eddie L. Miles Jr., 45, of Washington Avenue, Batavia, is charged with second-degree criminal contempt, fourth-degree grand larceny, and unauthorized use of a motor vehicle in the second degree. The defendant was arrested on a warrant out of City Court. The charges stem from an incident at 2:46 a.m. on May 18 wherein he allegedly took a car belonging to another individual without that person's permission. He was jailed in lieu of $2,500 cash bail or $5,000 bond and was due back in court today (July 6). The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Christopher J. Draper, 46, of West Main Street Road, Batavia, is charged with trespass. Draper was arrested at 5:55 p.m. on July 1 on West Main Street Road after he allegedly entered a business from which he had previously been banned. He is due in City Court on July 11 to answer the charge. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen. 

Christopher J. Draper, 46, of West Main Street Road, Batavia, is charged with third-degree burglary and second-degree criminal contempt following a trespass complaint on July 1. Draper was allegedly in violation of a court order after being told to stay away from the Rite Aid on West Main Street in Batavia on several occasions. At 1 p.m. on July 5, he was jailed on $10,000 cash bail or $20,000 bond. He is due in court at a later date. The case was handled by Batavia Police Officer Andrew Hale, assisted by Officer Kevin McCarthy.

A 17-year-old in the city was arrested on Garfield Avenue at 8:28 p.m. on June 27. Patrols were dispatched to Jackson Street for a disturbance. After an investigation, the defendant was located on Garfield Avenue and arrested. The teen is charged with criminal mischief -- intentional damage of property, and is due in City Court on July 11. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Matthew Wojtaszczyk.

Kim L. Minuto, 56, of Clinton Street Road, Batavia, is charged with petit larceny. Minuto was arrested at 10:30 a.m. on July 5 at Tops Market in Batavia and issued an appearance ticket for July 18 in City Court. The case was handled by Batavia Police Officer Eric Bolles.

Participant in Central Avenue home-invasion attacks pleads guilty

By Maria Pericozzi

Oliver Thomas, 25, entered a guilty plea to attempted burglary in the second-degree on Thursday morning and could face up to seven years in prison as a second felony offender.

Thomas was part of the attack that occurred around 11 p.m. on Oct. 28 at an upper apartment on Central Avenue, involving several people and resulting in the hospitalization of two individuals.

He also pleaded guilty to failure to register change of address as a registered sex offender. Thomas was convicted of rape in 2009 and was required to register as a Level 2 sex offender when he was released from prison.

Thomas was the last of the four men accused of the attack, who was taken into custody after police had been looking for him for five months.

Also charged were Daniel Gilbert, Adante Davis and Marquis Saddler.

Gilbert received a four-year prison term. Davis five years, and Saddler five years.

Thomas will be held without bail until his sentencing at 1:30 p.m. on Aug. 4.

Grand Jury Report: Man accused of possessing Suboxone with intent to sell it

By Billie Owens

Isaac C. King is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Jan. 9 in the City of Batavia that King knowingly and unlawfully possessed a controlled substance, Suboxone, with intent to sell it. In count two, King is accused of the crime of criminal possession of a controlled substance in the seventh degree. It is alleged in count two that on the same day, the defendant knowingly and unlawfully possessed a controlled substance, Suboxone. In count three, King is accused of unlicensed operation in the third degree, a misdemeanor. It is alleged in count three, that on the same day, King drove a 2017 Nissan on Swan Street while knowing, or having reason to know, that his driver's license was suspended or revoked by authorities.

Darrel T. Wilder is indicted for the crime of driving while intoxicated, per se, as a Class E felony. It is alleged that on April 29 in the Town of Stafford that Wilder drove a 2001 Jeep Grand Cherokee on Route 33 while he had a BAC of .08 percent or more as shown by a chemical analysis of his breath. In count two, he is accused of DWI as a Class E felony for allegedly driving on the same day on the same road while intoxicated. In count three, Wilder is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that the defendant drove on that day on that road while knowing, or having reason to know, that his driver's license was suspended revoked or otherwise withdrawn by authorities and that he did so while under the influence of alcohol or a drug. In count four, Wilder is accused of the crime of circumvention of an ignition interlock device, a Class A misdemeanor. It is alleged in count four that the defendant, while subject to a court-ordered ignition interlock device, operated a vehicle that was not equipped with this device.

George J. Budzinack is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on March 14 in the Town of Stafford that Budzinack operated a 2001 Chevrolet Venture van on Route 33 while knowing, or having reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities. It is also alleged that the defendant was operating the vehicle while under the influence of alcohol or a drug. In count two, Budzinack is accused of driving while intoxicated, as a misdemeanor. In Special Information filed by District Attorney Lawrence Friedman, the defendant is accused of having been convicted of DWI on March 3, 2004, in Genesee County Court. The document states the defendant knew, or had reason to know, that his driving privilege was suspended or revoked as a result of the conviction and that the revocation or suspension was still in effect at the time of the crimes alleged in the indictment.

Law and Order: Couple in Le Roy face charges following domestic incident

By Howard B. Owens

Bryan D. Bates Jr., 37, of West Main Street, Batavia, is charged with criminal contempt, 2nd, and Andrea Gray, 39, of Lake Street, Le Roy, is charged with falsely reporting an incident, 3rd. The charges stem from a domestic disturbance July 1 at a residence on Lake Street, Le Roy. Bates was allegedly violating a stay away order issued out of Batavia City Court. He was jailed in lieu of an unspecified amount of bail. Gray allegedly falsely reported to a neighbor that Bates had committed suicide, causing the neighbor to call 9-1-1. Gray was also jailed on an unspecified amount of bail.

Kevin William Dart, 59, of Transit Road, Elba, is charged with unlawfully dealing with a child. Dart allegedly allowed people under age 21 to consume alcohol during a party at his house.

Todd Alan Kendall, 54, of Main Road, Stafford, is charged with harassment, 2nd. Kendall allegedly struck another person in an incident reported at 5:56 a.m. Monday at a location on Main Road, Stafford.

Susan Ann Minardo, 28, of Shelby Road, Kings Mountain, N.C., was arrested as a fugitive from justice. During an investigation by Deputy Chad Cummings of a call at the TA Travel Center in Pembroke, Minardo was located and identified as the subject of a warrant out of Pennsylvania. Minardo was jailed without bail.

Christopher James Draper, 46, of West Main Street, Batavia, is charged with trespass. Draper allegedly entered Rite Aid on West Main Street Road, Batavia, after being previously advised he was not allowed on the property.

Law and Order: Felony DWI arrest in Bergen

By Howard B. Owens

Douglas James Tallent, 36, of Walworth-Marion Road, Marion, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, driving on a suspended registration, and consumption of alcohol in a motor vehicle. Tallent was stopped at 9:40 p.m., June 24, on Buffalo Parkway, Bergen, by Deputy Rachel Diehl and jailed without bail.

Cathleen Ann Bishop, 51, of West Main Street, Batavia, is charged with petit larceny. Bishop is accused of stealing $145.99 in merchandise from Kohl's Department Store on June 30.

Police looking for car that hit girl on bike in Le Roy

By Howard B. Owens

A girl riding her bike on Main Street in Le Roy was struck by a hit-and-run driver at about 3:20 p.m. and police are asking for help in locating the suspect vehicle.

The vehicle may be a Lincoln Continental, or similar sedan, from the early to mid-1990s. It was blue or green and was driven by an older male, possibly in his 60s, with gray hair.

The girl had a minor injury to her foot and ankle but did not require transport to a hospital.

To share information to assist in the investigation, contact Sgt. Mike Hare by calling (585) 345-6350.

(Initial Post)

Four arrests made during Third Eye Blind concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Third Eye Blind concert at Darien Lake Performing Arts Center on Thursday:

Robin S. Bascus, 26, of Townsend Avenue, Bronx, is charged with criminal trespass, 3rd, after allegedly entering Darien Lake property after having been ejected from the property on June 25 and told not to return. Bascus was arraigned in Darien Court and put in jail in lieu of $250 bail.

Kaitlyn M. Rector, 19, of Boyd Road, Pavilion, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Riley J. Guenther, 19, of Dye Road, Akron, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Jason R. Morley, 25, of Pole Bridge Road, Geneseo, is charged with assault, 3rd, after allegedly punching a Live Nation security officer in the mouth, causing injury.

Law and Order: Two men charged with burglary after allegedly breaking into cooler at Arby's

By Billie Owens

Duane A. Mather, 44, of Raymond Avenue, Batavia, is charged with: third-degree burglary -- illegal entry with intent to commit a crime; petit larceny; fifth-degree conspiracy; providing a false written statement; and possession of burglar tools. Mather was arrested at 1:38 a.m. on June 26 on West Main Street in Batavia after police responded to a report of people breaking into a storage cooler at Arby's. He was jailed without bail and was due in Batavia City Court this morning (June 29). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Jason Ivison.

Charles D. Macey, 37, of Holland Avenue, Batavia, is charged with: third-degree burglary; fifth-degree conspiracy; petit larceny; fourth-degree criminal mischief; and possession of burglar tools. Macey was arrested at 1:38 a.m. on June 26 on West Main Street in Batavia after police responded to a report of people breaking into a storage cooler at Arby's. He was jailed without bail and was due in Batavia City Court this morning (June 29). The case was handled by Batavia Police Officer Jason Ivison.

Grayson Bud Ground, 18, of Skye Road, Alabama, is charged with second-degree assault. He was arrested at 5 a.m. June 24 on Shanks Road in Alabama after he allegedly struck a male in the face, causing the male to suffer a broken jaw. He was arraigned on June 27 in Alabama Town Court and released under supervision of Genesee Justice. An order of protection was also issued in this matter. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy James Diehl.

Leaddice J. Daniels, 41, of East Main Street, Batavia, is charged with fourth-degree grand larceny. Daniels was arrested on June 26 after allegedly stealing a wallet containing several credit and debit cards at 10:03 p.m. on June 22 on Ellicott Street in Batavia. The defendant was jailed without bail and was due in City Court on June 27. The case was handled by Batavia Police Officer Christopher Lindsay.

Stephanie Wentworth, 31, of Augusta Street, Rochester, is charged with third-degree menacing and endangering the welfare of a child less than 17 years of age. Wentworth turned herself in June 26 on a warrant issued after a domestic incident that occurred at 9 a.m. on June 18 at the Bob Evans restaurant on Oak Street in Batavia. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Felicia DeGroot.

Robert R. Gerety, 44, of Elm Street, Batavia, is charged with: moving from lane unsafely; aggravated unlicensed operation in the third degree; and DWI -- first offense. Officers were called to the scene of a rollover accident involving a single vehicle at 10:09 p.m. on June 20 at 204 Richmond Ave., Batavia. After investigation, charges were pressed against Gerety. He was due in City Court June 28. The case was handled by Batavia Police Officer Nicole McGinnis.

Stephen J. Turkasz, 26, of Claudette Court, Cheektowaga, is charged with first-degree criminal contempt. He allegedly threatened to harm a person protected under an orpder of protection during a phone call on the night of June 8. He was arraigned and released and is due back in court on July 18. The case was handled by Batavia Police Officer Jamie Givens.

Michael Richard Ostrander, 52, of Middle Road, Collins, is charged with first-degree possession of dangerous contraband in prison and criminal possession of a controlled substance. Ostrander was charged with the crimes for allegedly possessing an unprescribed controlled substance while being an inmate in Genesee County Jail in December. He appeared in City of Batavia Court on June 27 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Diehl.

Nathan E. Hinze, 24, of Clifton Avenue, Batavia, is charged with petit larency. He was arrested following an investigation of a shoplifting incident at the Kwik Fill on Jackson Street in Batavia in which he allegedly took a bottle of water without paying for it. He was issued an appearance ticket for July 11 in City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

Aria D. Rodriguez, 21, of Hudson Avenue, Rochester, is charged with unlawful possession of marijuana. It is alleged that at 11:15 a.m. on June 27 on West Main Street in Batavia that she had an amount of marijuana on her at the time of her arrest for a separate incident. She was issued an appearance ticket for June 28 in City Court. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey.

Aria D. Rodriguez, 21, of Hudson Avenue, Rochester, is charged with: speeding; being an unlicensed operator; and aggravated unlicensed operation in the second degree. She was arrested on June 27 on an arrest warrant for failing to appear in court for traffic tickets. She was jailed in lieu of $500 bail and was due back in court on June 28. The case was handled by Batavia Police Officer Jamie Givens.

A 17-year-old who resides on Washington Avenue in Batavia is charged with unlawful possession of marijuana. The defendant was arrested this morning at 1:11 (June 29) during a traffic stop on West Main Street, Batavia, after an officer allegedly located an amount of marijuana in a vehicle that the youth was operating. The youth was issued a computer-generated appearance ticket and is due in City Court on July 11. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Sgt. Dan Coffey.

Woman who brandished knife during burglary attempt pleads guilty, enters drug treatment

By Howard B. Owens
mug_anncupanoapril20172.jpg
 Ann Marie Capuano

A Montclair Avenue resident who was caught in the act of burglarizing a business on State Street Road, Batavia, in April, entered a guilty plea in County Court on Wednesday to a Class E felony of attempted burglary.

The plea deal gives Ann Capuano, 32, a chance to complete a substance abuse program and have her conviction reduced.

In April, Capuano entered the business on State Street Road and when confronted by the owner and an employee, brandished a knife. She then fled on a bicycle and was apprehended by a police a short time later.

Enter terms of the plea, Capuano was released under supervision so she could be transferred from jail to a residential rehabilitation program in Buffalo.

She will also be evaluated for a program called a judicial diversion, which could have her case transferred to Drug Court.

She is scheduled to appear in County Court again July 24 for a hearing on her potential eligibility for judicial diversion.

Participant in Central Avenue attack given four years in prison

By Maria Pericozzi

Daniel J. Gilbert, 25, of Tracy Avenue in Batavia, was sentenced Wednesday afternoon to four years in prison and five years parole for his part in an attack on residents of Central Avenue.

In the beginning of May, Gilbert was supposed to be sentenced on a guilty plea, but after a disagreement between the attorneys on the case, the matter was postponed. 

Gilbert was part of the  attack that occurred around 11 p.m. on Oct. 28 in an apartment on Central Avenue in Batavia, that involved several people, resulting in at least two people being treated and released at the hospital.

District Attorney Lawrence Friedman said in court, that they were adjusting the prior agreement made on Feb. 8.

“We have an agreement to clarify or modify our prior agreement,” Friedman said. “That is that the defendant’s plea to attempted burglary in the second degree, a Class D felony, will stand.”

Friedman said they also agreed to an imposed sentence of four years, with five years of post-release supervision.

He was charged with the crime of first-degree burglary, a Class B felony. Gilbert was accused of knowingly entering an upper apartment on Central Avenue in Batavia, with the intent to commit a crime, and when entering or fleeing from the dwelling, he or other participants caused physical injury to a person.

In count two, Gilbert was accused of second-degree assault, a Class D violent felony. Gilbert caused physical injury to a person.

Attempted larceny at Home Depot disrupted by customer

By Howard B. Owens

A customer intervened this morning when an apparent shoplifter attempting to make off with a cart full of tools at Home Depot tried to load them into his vehicle.

The suspect reportedly struck one person with the vehicle -- no word on injuries -- and also hit two other cars while fleeing the scene.

The suspect vehicle was later located on the Thruway by State Police, but the suspect has not yet been located.

The incident was reported at 9:52 a.m., at Home Depot, 4181 Veterans Memorial Drive, Batavia.

Several items were recovered and the Sheriff's Office is continuing its investigation.

Law and Order: Deputies report finding drugs on man in court facility

By Howard B. Owens

Chad Allen Cooper, 21, of Emily Court, Bergen, is charged with three counts of criminal possession of a controlled substance, 7th. Cooper was allegedly found in possession of three different controlled substances while in the Genesee County Courts facility. He was jailed on $5,000 bail.

Cody Everett Carpenter, 24, of Rutgers Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater and speeding. Carpenter was stopped at 9:46 p.m. Sunday on Route 77, Darien, by Deputy Ryan DeLong.

Law and Order: State Street man charged with crimes after allegedly threatening people with knives on Willow Street

By Billie Owens

Derrick M. Williams, 27, of State Street, Batavia, is charged with: second-degree menacing; endangering the welfare of a child; and third-degree criminal possession of a weapon. Williams was arrested following an incident at 4:08 p.m. on June 21 at 7 Willow St., Batavia, wherein he allegedly threatened multiple people with knives. He was jailed without bail and was due in City Court on June 22. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Matthew Wojtaszczyk.

Elizabeth A. Denise, 36, of Hutchins Street, Batavia, is charged with endangering the welfare of a child. On June 25, Batavia police responded to Hutchins Street for a possible overdose. They found that Denise had allegedly gone unconscious while using an unknown drug and while being the sole caregiver to an 8-month-old infant. She was transported to UMMC and issued an appearance ticket for the charge. She is due in City Court on July 11. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Kevin DeFelice.

Douglas G. Bryant Jr., 46, of Pringle Avenue, Batavia, is charged with disorderly conduct and second-degree harassment. On June 19, Bryant was arrested after allegedlt yelling and swearing outside his residence at 10:05 p.m. on June 19 and he allegedly threatened police. He was jailed on $500 cash or bond and was due back in City Court on June 20. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Cronmiller.

Kyle J. Burdick, 28, of Maple Street, Batavia, is charged with criminal possession of a hypodermic needle and third-degree unlicensed operation. Burdick was arrested on the charges after an investigation into a traffic complaint which occurred at 6:17 p.m. on June 24 at 600 Ellicott St. in Batavia. He was issued an appearance ticket for City Court on July 11, and was issued a traffic citation returnable to City Court on July 12. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Mitchell Cowen.

Thomas A. Carson, 41, of Wood Street, Batavia, is charged with second-degree criminal contempt and second-degree burglary of a dwelling. Carson was arrested after an investigation into a domestic incident which occurred at 9:54 p.m. on June 24 on Wood Street. He was jailed without bail and was due in City Court on Monday (June 26). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Mitchell Cowen.

Pamela J. Morris, 38, of Maple Street, Batavia, is charged with second-degree criminal contempt. Morris was arrested following an investigation into a complaint alleging that she sent Facebook messages on June 21 to a protected party in violation of a court order. She was issued an appearance ticket and is due in City Court on July 11. The case was handled by Batavia Police Officer Stephen Cronmiller.

Robert D. Griffin Sr., 38, of Ross Street, Batavia, is charged with second-degree criminal contempt. On June 21, Batavia police responded to a Manhattan Avenue residence for a domestic incident and the violation of an order of protection. Upon the patrols' arrival, Griffin Sr. had left the area. While patrols were on scene, he returned and was arrested. He was jailed on $5,000 bail or bond. He was due in City Court on June 22. The case was handled by Batavia Police Officer Arick Perkins.

Robert D. Griffin Sr., 38, of Ross Street, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. He was arrested following an investigation into an incident wherein he allegedly struck a person and broke some property at 9:36 p.m. on June 20 on Manhattan Avenue, Batavia. He was issued an appearance ticket for City Court on June 21. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Mitchell Cowen.

Stephanie Marie Wentworth, 31, of Augusta Street, Rochester, is charged with third-degree menacing and endangering the welfare of child less than 17. Wentworth turned herself in on a warrant charging her with these crimes, which stem from a domestic incident that occurred at 9 a.m. on June 18 at the Bob Evans restaurant on Oak Street in Batavia. The case was handled by Batavia Police Officer Jason Ivison, assisted by Felicia DeGroot.

Brandon J. March, 32, of South Main Street, Batavia, is charged with second-degree criminal contempt and second-degree burglary -- illegal entry of a dwelling. He was arrested following an incident wherein he allegedly entered a residence on Cone Street in Batavia occupied by an individual who had an order of protection against him. He was due in City Court on June 23. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Felicia DeGroot.

Jacy William Lennon, 41, of Rohr Street, Rochester, is accused of failure to appear in court. He was arrested on June 24 on an outstanding warrant for failure to appear for a scheduled court date related to an unspecified incident which occurred on Aug. 14, 2015. He was jailed on $2,000 cash or $4,000 bond and was due in court Monday (June 26). The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Marc Lawrence.

William Allen Andrews III, 37, of Lake Street, Le Roy, was arrested at Genesee Justice on West Main Street, Batavia, at 10:05 a.m. on June 20 after allegedly failing to comply with the conditions of his being released from custody. He was jailed on $5,000 bail. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Jamie Givens.

This weekend, Jason Lang lost his battle with drug addiction

By Howard B. Owens
jasonlangaug2016rip.jpg
    Jason Lang

It wasn't really an overdose that killed Jason Lang, said his father Rick, but Jason's five-year battle with the dragon of drug addiction came to an end about 6:30 p.m., Saturday, when the 33-year-old local businessman stuck a needle in his arm and shot who knows what into his bloodstream.

Until State Police investigators receive lab results or the Medical Examiner produces an autopsy report, we won't know what substance Jason Lang injected in the final minutes of his life.

"Whoever gave that to Jason, whoever sold that to Jason, murdered him," Rick Lang said. "They plain out murdered him. I want that in the paper. They killed my son."

Rick and Jason both returned to their house in Batavia about 6 p.m., Saturday, Rick said. They grabbed the mail, and each took their portion and Jason said he was going downstairs and would be right back up. Rick said he sorted through his mail, opened a couple of bills, and then a friend stopped by and they chatted for a few minutes, then Rick started cooking supper.

He heard what sounded like the toilet flushing a few times, or the water going off and on, so he called down to Jason, and there was no answer. He went down the stairs a bit, called again, no answer. He went down into the bathroom and Jason was slumped over the bathroom vanity.

"He already looked a little bit, not the right color," Rick said. "I grabbed him and I shook him. He was still warm. I said, 'Jason Jason,' and I tried to wake him. He didn't respond. So I cradled him under his arms and lowered to the floor. I could see it in his eyes. They were blank looking. I said, 'my God, Jason, you're gone.' You know that's what I thought right away, 'you're gone. Buddy, what did you do?' "

Rick stood up and called 9-1-1.

"I see a syringe laying in the sink with the cap more than three-fourths full," Rick said. "It was like maybe a smidgen (used). Even the investigator said, 'My God, he didn't get hardly anything into him.'"

For years, Jason Lang ran a successful cab company in Batavia, Batavia Cab. He thought he was doing pretty good for himself, so he decided to expand his business interests, so he opened a smoke shop and tattoo parlor, the Laughing Buddha, on Ellicott Street.

This was right about the time synthetic marijuana and another class of synthetic drugs, often known as bath salts, were hitting the market. The drugs fell into a legal gray area, where they weren't controlled substances, but might be considered analogs to hard drugs including methamphetamine and cocaine. 

Seeing a business opportunity, Lang started selling the compounds in his shop.

At that time, he said in an interview last August, he had never used hard drugs.

After the State Police raided his store, he said, the store closed down and he lost $200,000 in inventory. He said he became depressed and bath salts, such as Amped, were easy to get at a new store that opened at 400 Ellicott St., the 420 Emporium.

In the spring and summer of 2012, synthetic drugs were a big story in Batavia. There were multiple reports of users engaging in bizarre behavior while high on bath salts. Jason was one of the users making the news, not just in Batavia, but throughout the region. His paranoia led to false reports of gunshots at a local hotel, of confrontations with law enforcement, and tales he told to local reporters of government conspiracies against him.

The mess her son was in drove Nicole Lang and her supporters to stage protests outside the 420 Emporium, which was part of a Rochester chain that was eventually raided and shut down by federal authorities.

Those law enforcement actions seem to have come too late for Jason Lang.

He switched to heroin. 

To support his habit, he started shoplifting. He hit big chain stores. When he reached the point where he had been banned from all the stores in Genesee County, he branched out to Erie County, Orleans County, and Ontario County, in an effort to never get charged with anything more than a petit larceny.

It wasn't long though before he had run out of stores to hit in the neighboring counties, and desperate, he returned to Ontario County.

Rick said local authorities have told him the District Attorney and judges there are particularly tough on petty criminals, that they often sentence people to 90 days in jail for petit larceny.

Jason returned to stores where he was previously banned, stole merchandise, and was charged with felony burglaries. He was sentenced to more than three years in prison.

That's just wrong, Rick said. He pointed to court clerks who stole more than $100,000; attorneys who embezzled more than $75,000; an official in Le Roy who took tens of thousands of dollars from his organization.  

They all got off with probation, what Rick considers a "slap on the wrist."

Yet, Jason, whom Rick said never got away with more than $5,000 aggregate in all his thefts, was given a multiyear prison term.

The justice system, he said, isn't treating drug addiction for what it is, a disease, but it's the users -- not the dealers, he said, not the embezzlers -- who are getting the harshest sentences.

"These people (the embezzlers) are not sick," Rick said. "These people are mentally alert, have no illness and they know exactly what they're doing. You know, it's greed. The justice system is wrong in the way they handle these cases."

While Rick is unhappy with how a local parole officer handled his son's case, contributing, he thinks, to the difficulty of Jason's recovery, he has nothing but praise for the State Police and Sheriff's Office.

Both troopers and deputies have been to the Lang household a couple of times in recent months. The first time, after Jason overdosed on, probably, cocaine, and then again a few weeks ago when he was hallucinating on bath salts.

The troopers and deputies helped save Jason's life those times, and on Saturday, it was a trooper who took over CPR from Rick once he arrived on scene.

"The state troopers, they are very gentleman-like, very professional, and the deputies, too," Rick said. "Very professional."

Rick Lang knows his son was an addict and he struggled with his addiction. Both father and son knew how dangerous that was.

On Father's Day, Jason wrote in his diary, "A great Father's Day. Feeling very blessed. Life has thrown me a lot of curve balls and I've survived through many storms. I recently had another drug overdose. I shouldn't be alive. But somehow I am still here."

Rick doesn't want people to remember his son as the drug addict. He wants Jason to be remembered as a small businessman who cared about his community and cared about people.

"He had a heart of gold," Rick said. "He loved all types of people. He loved law enforcement. He respected law enforcement. He respected people that were down and out and he'd run to help them. Like I said before, when he had Batavia Cab, many times some of his employees were low-income people, didn't have anything, and he'd buy the Christmas gifts and give them to the parents as a gift to each other for Christmas. He was that kind of guy."

In prison, Jason came to the aid of a young black prisoner who was being bullied by a white supremacist gang member. 

"He (the gang member) told him to get on his knees and that's when Jason stepped in and said, 'hey, knock it off,'" Rick said. "'Leave him alone. You know he's scared to death and that he's only a kid.'"

The white supremacist accused Jason of not sufficiently loving his own race, of being an (expletive deleted) lover. Jason said he didn't care about race, but mostly he didn't believe in picking on people and hurting them.

When the prisoners were back in line to head back to their cells, the gang member stabbed Jason in the leg with a pencil, breaking it off in his leg. There was a tussle, and the gang member ended up getting hauled off by the guards.

Jason Lang will receive a Mass of Christian burial at Resurrection Parish, 18 Ellicott St., Batavia, at 9:30 a.m., Friday. Calling Hours are Thursday (full obituary).

His family announced on Facebook today that Grab-A-Cab, the new cab company Jason started after he was released from prison, is being shut down.

Rick is sure Jason didn't want to die. His addiction scared him. He had recently started attending church and was moving toward a deeper spiritual bond with Jesus, Rick said. He said he told Jason if he wanted to save himself from his addiction, he needed to turn to Jesus. He's convinced Jason was headed in that direction. He said that if Jason had known what was in that needle, whatever it was, he never would have shot up knowing it would kill him.

Jason loved his family, Rick said. He loved his son, Lathan. Rick, Jason, and Lathan had been enjoying the spring and summer together fishing.

"He was just a damn good guy," Rick said. "You know, the addiction, that didn't make him a bad guy. He was a very good father. He loved his kid and his kid loved him."

Rick said he was mainly willing to talk about his son's death because he hopes maybe it will save some other parent the heartbreak he's been through. Something has got to be done about the drug epidemic hitting hard both in Genesee County and nationally, he said, but maybe if people know the story of people like Jason, it will help.

It was only near the end of our conversation that Rick Lang started to tear up.

"I hope to get my life back trying to find happiness," Rick said. "It's hard to find happiness when you lose someone that close to your heart. I'm proud of my son. I want to put that in the paper. I'm proud of him. He was one of my best friends. Ever. Now I don't have him. So, I hope. I hope."

Below, a poem Jason Lang wrote about heroin and a copy of his Father's Day diary entry.

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RPD officer from Batavia recovering from gunshot wound

By Howard B. Owens

A former Batavia High School student, a 2000 graduate, who joined the Marines and then returned to Western New York to become a Rochester police officer, is home with his family tonight, recovering from a wound sustained from a gunshot near his face.

Jeremy Nash was driving when a gunshot came flying into an unmarked patrol car on North Street near Clifford Avenue. 

He served in the Iraq Freedom and Enduring Freedom operations, is an 11-year veteran of RPD, and the father of a baby girl.

(Video by our news partner, 13WHAM.)

Man facing deportation admits to slashing woman with knife, trying to escape from police

By Howard B. Owens

With a Spanish language translator assisting him, a man who violently slashed a woman with a knife on Wood Street in Batavia in March entered guilty pleas in County Court today to charges of second-degree assault, attempted robbery, and attempted escape.

Reynoldo Diaz-Ruiz will be sentenced to five years in state prison on July 27 under terms of the plea deal he accepted.

Meanwhile, he is being held without bail. The Department of Homeland Security has also placed a detainer on Diaz-Ruiz, who is a Mexican citizen and may be in the country illegally. He faces possible deportation once his prison term is completed. 

Diaz-Ruiz was arrested in late March after Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck.

In acknowledging his guilt, Diaz-Ruiz admitted that his attack could have caused death to another person and caused serious physical injury. 

After being located, Diaz-Ruiz resisted arrested and was subdued with a Taser. 

When he was taken to Batavia PD headquarters, he attempted to take the sidearm from the transporting officer.

Batavia man admits to child sexual abuse

By Howard B. Owens

Dwayne Pearsall, 26, a Batavia resident with no permanent address, entered a guilty plea to sexual abuse in the first degree and criminal sexual act in the second degree in County Court this morning.

Pearsall was scheduled to appear for an evidentiary hearing in advance of a potential trial but decided to enter a guilty plea.

He admitted to abusing a child under age 14 in 2012 and a child under age 11 in 2015.

Pearsall was arrested in April and charged then with second-degree attempted rape, and two counts each of criminal sexual act and sexual abuse.

The potential prison term for Pearsall is seven years followed by 10 years on parole.

(Via our news partner, WBTA)

Eleven arrests made at Zac Brown concert on Sunday

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Zac Brown Band concert at Darien Lake Performing Arts Center on Sunday:

A 17-year-old, of Sunset Court, Hamburg, is charged with trespass and disorderly conduct after allegedly reentering the concert venue after being ejected and told not to return and then causing a disturbance while exiting the venue. He was arraigned in Darien Court and jailed in lieu of $250 bail.

Brett J. Gill, 57, of South Plymouth Street, Rochester, is charged with harassment, 2nd, after allegedly slapping another patron in the face.

Brian R. Kelly, 26, of East Street, Pittsford, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Heather M. Skeels, 35, of Fairmont Avenue, Salamanca, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Zachary J. Corey, 23, of Griener Road, Clarence, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Nicholas J. Luciano, 18, of West Combe Park, West Henrietta, is charged with trespass (two counts) after allegedly reentering the concert venue after being ejected and told not to return.

Holly T. Zimmerman, 24, of North Creek Road, Evans, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Kristen B Baumer, 18, of Hidden Meadow, Penfield, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Lindsey J. Gamer, 20, of Fiddlers Hollow, Penfield, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Walter W. Roman, 55, of Silkwood Circle, Spencerport, is charged with harassment, 2nd, after allegedly pushing a Live Nation employee.

Edward B. Schmitt, 20, of Autumn Trail, Clarence, is charged with harassment, 2nd, after allegedly pushing a Genesee County Sheriff’s Deputy.

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