crime

Daniel Lee Green, 47, of Randall Road, Le Roy, is charged with second-degree unlawful surveillance, a felony. He is accused of installing "an imaging device in a location where there was a resonable expectation of privacy." The incident time and date was 4 p.m. on April 25 in the Town of Le Roy. No other details were provided in the report. The investigating officer was Genesee County Sheriff's Youth Officer John Dehm. Green was arraigned in Town of Le Roy Court.

Darrell D. Smith, 50, of Bank Street, Batavia, is charged with: first-degree coercion; first-degree unlawful imprisonment; second-degree menacing; fourth-degree criminal mischief; criminal obstruction of breathing; fourth-degree unlawful possession of a weapon; and criminal tampering. Smith was arrested at 3:43 a.m. on May 6 following a disturbance at 7 Hutchins St., upper. Smith was jailed without bail and was due to reappear in City Court later on May 6. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Felicia DeGroot.

Joseph Bailey James, 36, of Highland Park, Batavia, is charged with: second-degree assault; third-degree criminal mischief; fourth-degree criminal mischief; resisting arrest; and second-degree harassment. James was arrested at 2:55 a.m. on May 7 at 34 Columbia Ave., Batavia. He was jailed without bail and was due in City Court May 8. The case was handled by Batavia Police Officer Eric Bolles, assisted by Officer Peter Flanagan.

Matthew Robert Reiner, 29, of Pearl Street, Batavia, is charged with: aggravated DWI -- a BAC of .18 percent or more; DWI, first offense; unreasonable speed through a yield sign; failure to yield right of way at a yield sign; and moving from lane unsafely. Reiner was arrested at 12:37 a.m. on May 12 on Route 98 in Elba after a one-car accident. He was issued appearance tickets for Town of Elba Court on June 14 and released after processing. The case was handled by Genesee County Deputy Howard Wilson, assisted by Deputy Howard Carlson.

Mary K. Shaffer, 38, of State Street, Batavia, is charged with second-degree harassment. She was arrested at 7:09 p.m. on May 5 at 107 State St. after a domestic incident wherein Shaffer is accused of hitting another person in the face. She is due in City Court May 16. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Matthew H. DeLosh, 26, of South Swan Street, Batavia, is charged with: aggravated unlicensed operator -- under the influence of alcohol; DWI -- first offense; and DWI -- with a BAC greater than .08 percent. DeLosh was arrested at 10:54 a.m. on May 8 on Ellicott Street following a traffic stop. Upon further investigation, it was learned that his driving privilege was previously suspended for a prior alcohol-related offense. He was released under supervision of Genesee Justice and is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Office Jamie Givens.

Deborah S. Rodriguez, 49, of Farnsworth Avenue, Oakfield, is charged with criminally using drug paraphernalia, 2nd, a Class A misdemeanor, and aggravated unlicensed operation, 3rd, a misdemeanor. The defendant was arrested May 11 by the county Local Drug Enforcement Task Force in the afternoon following a traffic stop on Holland Avenue in the City of Batavia. She was alllegedly found in possession of drug paraphernalia and to be operating a motor vehicle with a suspended driver's license. She was issued appearance tickets returnable to City Court on May 23.

Thomas A. Gilliatt, 51, of State Street, Batavia, is charged with criminal possession of a controlled substance, 7th, a Class A misdemeanor. The defendant was arrested May 10 by the county Local Drug Enforcement Task Force, which was conducting a surveillance in the School Street municipal parking lot in Downtown Batavia when members allegedly witnessed what appeared to be a drug transaction. The task force conducted an investigation and allegedly found Gilliat in possession of a quantity of hydrocodone pills. He was arrested and issued an appearance ticket for City Court May 16.

James R. Smahol, 31, of Coronado Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic needle. He was stopped at 7:05 p.m. on May 11 on Genesee Street in Pembroke following a traffic complaint. Smahol was allegedly found in possession of three packages of Suboxin without a prescription, plus several baggies of suspected heroin, and three hypodermic needles. He was released on an appearance ticket for Town of Pembroke Court on June 20. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Lonnie Nati.

Danielle M. Rozell, 35, of West Main Street, Batavia, is charged with two counts of DWI. She was arrested at 2:05 a.m. on May 7 following a report of a possibly intoxicated female operating a vehicle at a gas station. She was issued appearance tickets and is due in City Court on May 24. The case was handled by Batavia Police Officer Felicia GeGroot, assisted by Officer Eric Bolles.

Corey Green, 22, of Smith Street, Warwick, R.I., and three others whose ages and residences were not provided -- Sean A. Goncalves, Bala G. Belmiro and Fernando Campos Roldan -- are all charged with soliciting without a permit. On May 5 at about 10:30 a.m., Batavia Police officers Frank Klimjack and Kevin DeFelice responded to the area of 400 E. Main St. for the report of subjects soliciting for cellular service, according to the police report. During the investigation, it was discovered that the employees did not have permits issued by the City of Batavia Clerk's Office. They were arraigned in City Court where they each pled guilty and were fined $150. They were released after paying their fines. 

Mathew John Heimbrecht, 28, of Delaware Avenue, Buffalo, is charged with resisting arrest, trespass, and unlawful possession of marijuana. He was arrested  May 9 on a bench warrant for charges issued on April 6 on Park Road in Batavia. He was arraigned in Town of Darien Court and put in Genesee County Jail in lieu of $750 cash or $1,500 bond. He is due in court May 23. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by a sargeant.

Jared D. Elliott, 19, of Keeney Road, Le Roy, is charged with unlawful possession of marijuana. He was stopped at 12:32 a.m. on East Main Street in Batavia and allegedly found to possess marijuana. He was issued an appearance ticket for May 23 in City Court, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer James Ivison.

Justin W. Bird, 28, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Bird was arrested on West Main Street in Batavia at 7:05 p.m. on May 7 following an investigation into a complaint and he was allegedly found to possess marijuana. He was issued an appearance ticket for City Court on May 16, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Nicole McGinnis.

Amar S.M. Zainelabdin, 29, no permanent address, is charged with failure to appear on an appearance ticket. Zainelabdin was located by the Erie County Sheriff's Office and turned over to BPD on a City Court arrest warrant. The defendant is scheduled to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Leonard E. Hahn IV, who committed his sexual assaults on young children when he was only 17, will spend 10 years in prison and then spend another 20 years on parole, Genesee County Court Judge Chuck Zambito determined this afternoon.

Zambito could have considered Hahn for youthful offender status, but that would have limited his maximum prison term to only two years and then once released, Hahn would not have been required to register as a sex offender.

Hahn, now 18, is clearly a threat to children in the community, Zambito said.

"I think it will be important for the public to know who you are and where you are," Zambito said.

The 10-year term was the maximum number of years Zambito could give Hahn under the terms of the plea arrangement.

The plea saved the victims from being forced to testify and trial.  His guilty plea was connected to a single victim, whom Hahn assaulted in a bathroom even as other people were in the residence, according to Assistant District Attorney Melissa Cianfrini.

The victim, just a child, was traumatized by the rape, Cianfrini said.

"She didn't even understand what was going on," Cianfrini said. "This is going to trouble her for years and years to come."

Defense Attorney Lisa Kroemer  said Hahn regretted his actions -- Hahn didn't speak in court -- but suggested that even he didn't comprehend his crime.

"I understand the seriousness of the crime," Kroemer  said. "I understand that this happened to a young child, but I'm not even sure he understands why this occurred."

The investigation into Hahn's crimes began with a single complaint from a student at school and included law enforcement officials in Genesee and Wyoming counties.

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

Hahn was initially charged with multiple counts of rape.

All of the children involved under 11 years old. 

Zambito said he put Hahn on parole for 20 years, the maximum time period available under the law, because Hahn will still be only 28 years old when he gets out of prison.

A former UMMC employee who was stealing medical equipment and selling it on eBay entered a guilty plea in Genesee County Court to grand theft, 3rd, a step down from the original charge of second-degree grand theft, and agreed to pay $30,000 in restititution.

District Attorney Lawrence Friedman said she already paid back $10,000 and will make payments of $344 per month for five years in order to pay off the balance. 

The plea deal could still lead to a prison term for 48-year-old Kim Diamond, of Livingston County, of two-and-one-third to seven years, or she could get probation when she's sentenced on Aug. 14.

Jeffery M. Brodsky, 45, of Morrow Road, Hilltop Acres, Covington, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Brodsky is accused of providing cocaine in both Genesee and Wyoming counties. He is accused of selling cocaine to an agent of the Local Drug Task Force in Genesee County on two occasions. He was jailed pending a bail review.

Travis L. Bartz, 21, of Trumbull Parkway, Batavia, was arrested on a warrant while being held in the Genesee County Jail on unrelated charges.

Devon D. Rogers, 30, of Pearl Street, Batavia, is charged with harassment, 2nd. Rogers was allegedly involved in an incident reported at 1:50 a.m., May 2, on Pearl Street, Batavia.

Amanda L. Dixon, 31, of Oak Orchard Road, Albion, was arrested on a warrant for alleged failure to appear. Dixon allegedly failed to appear in City Court on a traffic violation. She was arrested by Medina PD and turned over to Batavia PD. Dixon posted $500 bail and was released.

Kimberly M. Douglas, 35, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to appear. Douglas allegedly failed to appear for a previous court date.

Michael Adam Jude Salter, 36, of North Service Road, Beamsville, Ontario, Canada, is charged with petit larceny and harassment, 2nd. Salter was allegedly involved in a domestic incident at 2:19 a.m. on May 1.

Garrett A. Jurewicz, 19, of Crittenden Road, Akron, is charged with DWI, driving while ability impaired by drugs, criminal possession of a controlled substance, unlawful possession of marijuana, and driving left of pavement marketings. Jurewicz was stopped at 2:30 a.m. on West Main Street Road, Batavia, by Deputy Howard Wilson.

Jacob Anthony Hazzard, 22, of Hudson Avenue, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, unauthorized stickers on rear window, insufficient tail lamps, and unlicensed operator. Hazzard was stopped at 9:59 p.m. Saturday on Drake Street, Oakfield, by Deputy Micheal Lute.

Brett Nelson Magoffin, 41, of Genesee Street, Pembroke, is charged with assault, 3rd. Magoffin is accused of assaulting another person during a dispute at 5:01 p.m., Thursday.

Michael Evan Wilson, 23, of Macedon Center Road, Palmyra, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, speeding, and unregistered motor vehicle. Wilson was stopped at 3:06 a.m. Friday on Lake Street Road, Le Roy, by Deputy Ryan Young.

A 17-year-old resident of Telephone Road, Pavilion, is charged with unlawful possession of marijuana. The youth was charged following an investigation into a reported suspicious condition in the parking lot of Alexander Deli in the Village of Alexander by Deputy Eric Meyer.

Linda Eileen Grimes, 52, of Transit Road, Elba, is charged with endangering the welfare of a child and unlawful imprisonment, 2nd. Grimes is accused of physically preventing a 13-year-old from leaving a room in a residence in Byron and of allegedly touching the youth inappropriately.

Darrel T. Wilder, 29, of Bates Road, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to notify DMV of address change, drinking alcohol in a motor vehicle on a highway. Wilder was stopped at 11:45 p.m. April 29 on Route 33, Stafford, by Deputy Kyle Krzemien.

Christopher R. Stowell is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 6 in the Town of Pavilion, that Stowell rode a 2006 Suzuki motorcycle in a westerly direction on Route 20 and did so while holding a conditional driver's license and also did so while under the influence of alcohol. In count two of the indictment, the defendant is accused of the offense of driving while ability impaired by alcohol, a violation. In count two, it is alleged that his ability to operate the Suzuki at the time was impaired by the consumption of alcohol. In count three, Stowell is accused of operating a motor vehicle in violation of the terms of a conditional driver's license. It is alleged that at the time he rode the motorcycle, he did so for a use other than authorized by the vehicle and traffic law section (1196-7(a)) of the conditional license. In count four, he is accused of second-degree assault for allegedly recklessly causing serious physical injury to another person by means of a dangerous instrument -- a motor vehicle, in this case, a motorcycle. Also, in Special Information filed by the District Attorney, Stowell is accused of having been convicted of driving while ability impaired by consumption of alcohol on Aug. 16 in the Village of Geneseo Court and that this conviction formed the basis of the conditional license referred to in counts one and three.

Jason E. Carpenter is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Feb. 26 on Liberty Street in the City of Batavia that Carpenter, with intent to cause serious physical injury to another person, caused such injury to a person.

Willie A. Sabb Jr., AKA Willie A. Saab Jr., is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29 the defendant knowingly entered or remained unlawfully in a dwelling on Lyon Street in the City of Batavia with intent to commit a crime. In count two of the indictment, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two, that on Jan. 29, in violation of a duly served order of protection, he -- with intent to harass, annoy, threaten or alarm the protected party -- struck, shoved, kicked or otherwise subjected that person to physical contact, or he attempted or threatened to do so.

Melanie M. Matesz, 51, of Dellinger Avenue, Batavia, is charged with third-degree criminal mischief. She was arrested at 9:38 p.m. on April 30 on Dellinger Avenue following a domestic incident wherein she alllegedly intentionally damaged property in excess of $250. She was jailed without bail and was due in City Court on May 1. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Bolles.

Marissa M. Lehto, 27, of Washington Avenue, Batavia, is charged with petit larceny. At 2:14 p.m. on April 27, Lehto was arrested for allegedly shoplifting more than $200 in groceries from Top's Market on West Main Street in Batavia. She was jailed and due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Kevin DeFelice.

Elijah J. Richardson, 20, of Maple Street, Batavia, is charged with third-degree robbery, petit larceny and second-degree harassment. He was arrested on April 30. It is alleged that at 4:58 p.m. on April 29 that Richardson forcibly stole property from another person on Thorpe Street in Batavia. He was jailed without bail and was due back in court May 1. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Arick Perkins.

Richard Dean McKague Jr., of West Main Street Road, Batavia, is charged with first-degree contempt and second-degree harassment. He was arrested at 7 a.m. on May 1 on West Main Street Road for allegedly striking his girlfriend during a domestic dispute, in violation of a duly served "refrain from" (contact) order of protection. He was arraigned in Batavia Town Court and released on his own recognizance and is due back in court on June 26. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

The Le Roy Police Department arrested 21-year-old David J. Welninski, of 285 Skyview Drive, Arcade, and a 17-year-old female after a complaint and subsequent traffic stop in the Village of Le Roy. The complaint was received on May 2 at about 7:25 p.m. in which the caller stated she allegedly observed the female in the vehicle wrapping Welninski’s arm and then using a needle to inject him. The vehicle was located on Route 19 in the Village of Le Roy and after a brief investigation, needles and heroin were allegedly found inside the vehicle. Both Welninski and the 17-year-old female were arrested and charged with criminal possession of a controlled substance and criminal possession of a hypodermic instrument and were issued appearance tickets to face the charges at a later date.

Timothy Michael Weinstein, 45, of West Main Street, Batavia, is charged with first-degree criminal contempt, and aggravated family offense. He was arrested on May 3 after allegedly making several phone calls to a protected party. He was jailed and is due in City Court at a later date. The case was handled by Genesee County Sheriff's Deputy Andrew ale.

On April 28, Tatiana C. Lugo, 22, of Hutchins Street, Batavia, was arrested and charged with second-degree criminal contempt. It is alleged that on April 24 at 2:42 p.m., Lugo violated a complete stay away order of protection. She was issued an appearance ticket for May 2 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Mitchell Cowen.

Elizabeth A. Finnin, 47, of South Swan Street, Batavia, is charged with petit larceny. At 7:18 p.m. on April 29, Finnin allegedly stole a pack of cigarettes from the Family Dollar store on East Main Street in Batavia and was quickly apprehended. She was issued an appearance ticket for May 2 in City Court. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Eric Bolles.

James J. Spivey, 19, of Holland Avenue, Batavia, was arrested at 1 p.m. on May 2 on a bench warrant issued out of City Court following his alleged failure to comply with court conditions. He was jailed with unspecified bail and is due in court on May 16. The case was handled by Batavia Police Officer Mitchell Cowen.

Eric M. Smith, 31, of Iroquois Road, Caledonia, was arrested at 9:22 p.m. on May 1 on a City Court bench warrant. He was jailed on $1,500 bail or bond and was due back in court today (May 4). The case was handled by Batavia Police Officer Christopher Lindsay.

A Level 3 sex offender facing multiple indictments on sexual assault and other charges entered a guilty plea today to attempted criminal sexual act in the first degree.

That's a Class C violent felony.

The plea means there will be no trial next week for Marlek Holmes, 42, who if he had been convicted at trial of the Class A felonies of predatory sexual assault and predatory sexual assault against a child would have faced a possible life term in state prison.

District Attorney Lawrence Friedman said Holmes said it was just "common sense" to enter the plea today.

Jury selection was to begin tomorrow in the trial of Holmes, who had not been scheduled to appear in County Court today until he decided to plea to the lesser included charge.

By pleading guilty, even as a second violent felony offender, Holmes reduces his possible life sentence to a maximum mandatory sentence of somewhere between seven and 15 years.

He will be sentenced at 9:30 a.m., May 30.

There are still four pending indictments against Holmes, with the most serious remaining charge being second-degree assault, a Class D violent felony.

"We will have to figure out later where we are going on the remaining cases," Friedman said.

Jury selection will take place Friday for the trial of a convicted child predator who is facing possible life in prison if convicted of new sexual assault charges.

Marlek E. Holmes will be tried on several charges, including two Class A felonies, predatory sexual assault and predatory sexual assault against a child.

The 42-year-old Holmes was arrested in the fall and has been held without bail because of the potential life term and his five prior felony convictions, including two violent felonies, and five prior violations of terms of probation.

While in custody, he also allegedly damaged jail property and was charged with criminal mischief. 

The Level 3 sex offender, who has also been accused of failure to register a change of address, was in court today for a pre-trial hearing where Judge Charles Zambito discussed with the attorneys a motion by defense attorney Fred Rarick to gain access to documents from another court proceeding. The documents are sealed by court order.

Zambito said he isn't convinced that Rarick has a legal right to the documents, especially to use them in the manner he intends to use them.

Rarick said he doesn't intend to introduce any of the actual documents as evidence, but would use the information gleaned from them during cross-examination of a witness.

Rarick also moved to have two charges dismissed since they are included and concurrent with other charges. Zambito said he motion was premature and he would reserve judgment until the appropriate time during the proceedings.

The trial is expected to begin Monday with witnesses being called through Wednesday.

One of the four men accused of a home invasion burglary on Central Avenue in October was sentenced to five years in prison this morning by County Court Judge Charles Zambito.

Marquis Saddler entered a guilty plea March 31 to attempted burglary, 2nd, a class D violent felony, and admitted to being a second felony offender.

As a second felony offender, he faced a maximum prison term of from three to seven years.

District Attorney Lawrence Friedman sought the maximum and defense attorney Fred Rarick requested a three-year term.

After Saddler's five-year stint he will be placed on parole for five years.

Cases are still pending for Daniel Gilbert, Adante Davis and Oliver Thomas.

One of four men allegedly involved in a home-invasion burglary in October on Central Avenue, Batavia, was supposed to be sentenced on a guilty plea in that case, but it turns out there is a disagreement between the attorneys in the case on what exactly was in the plea deal given to Daniel J. Gilbert.

At the start of the hearing, District Attorney Lawrence Friedman told Judge Charles Zambito that the agreed upon sentence was a straight-up five years in prison (a determinate sentence).

Zambito turned to defense attorney Thomas Burns and asked, "is that your understanding?"

"That's not accurate," Burns said. "That's not our position at all."

Zambito asked if Burns wished to discuss the plea on the record and Burns said he did not, so Zambito called for a recess and met with the attorneys in chambers.

When he returned he said that Burns would be able to file a position paper with supporting citations, and Friedman would be given a chance to answer.  Because of trial schedules and vacation schedules, Gilbert won't be back in county court for a hearing on the plea, and possible sentencing, until 11 a.m. on June 20.

Asked for more information outside of court on the particulars of the dispute, Friedman said he couldn't discuss it.

The cases for the other defendants, Oliver Thomas, Marquis Saddler and Adante Davis, are still pending.

A letter from the Sheriff's Office said the activities of Jeffery D. Torrey Sr., give indications that he has been dealing drugs recently and a letter from Torrey's wife said he travels around with a bodyguard. 

"This is not a favorable PSI," Zambito told Torrey, before saying he did consider rejecting his prior guilty plea.

Instead, Zambito sentenced Torrey to six months in jail and five years probation.

Torrey had previously entered guilty pleas to criminal possession of a controlled substance, a felony, and criminal possession of a weapon, 4th, a misdemeanor. 

The Local Drug Task Force executed the warrant on Torrey's home in October. Agents found a grow operation inside his residence, a quantity of marijuana and cocaine, a set of metal knuckles, a gravity knife and U.S. currency.

Torrey made no statement when asked, prior to sentencing.

Undersheriff Greg Walker was head of the task force at the time and wrote the letter in the pre-sentence report expressing concern about Torrey's activities.

Zambito said he took the letter seriously.

"The Sheriff's Department doesn't often take a stand," Zambito said.

Gannon D. McNall, 20, of Bank Street, Batavia, is charged with unlawful surveillance, 2nd. McNall is accused of setting up a camera to record a female acquaintance for the purpose of sexual arousal and/or gratification. He was jailed on $5,000 bail. He was also arrested on a warrant for alleged failure to appear on an unrelated incident.

Brandon James Nugent, 23, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, moving from lane unsafely and failure to keep right. Nugent was allegedly found asleep at the wheel of his running vehicle while it was parked on the shoulder of Sweetland Road, Stafford, at 6:28 a.m. Saturday, by Deputy Eric Meyer. When the deputy approached and woke Nugent, he reportedly put the vehicle in gear, drove east on Sweetland in the wrong lane and drove the vehicle off the north shoulder of the roadway. Deputy Meyer completed a field sobriety test and allegedly found Nugent in possession of marijuana during the investigation.

A 16-year-old resident of Trumbull Parkway, Batavia, is charged with petit larceny. The youth is accused of stealing money from a safe inside a residence where he was living at the time.

A 16-year-old resident of Wood Street, Batavia, is charged with harassment, 2nd. The youth allegedly threw scissors at another person striking the person in the back.

Joseph Marsceill, 32, of Lewis Place, Batavia, was arrested on a warrant. Marsceill was located during a home check by Probation and taken into custody by Batavia PD.

Jolynn M. Gorski, 37, of West Main Street Road, was arrested on a warrant for alleged failure to comply with court-ordered program or service. Gorski was jailed on $1,000 bail.

Priscilla M. Donahue, 38, of Liberty Street, Batavia, was arrested on a pair of warrants. Donahue was arrested by Batavia PD after being located in City Court on an unrelated matter. She was released under supervision of Genesee Justice.

Jacob L. Hernandez, 22, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear. Hernandez turned himself in.

Elizabeth A. Hicks, 34, of Jackson Street, Batavia, is charged with petit larceny. Hicks is accused of shoplifting at Tops on April 21. She was jailed on $1,500 bail.

Lori A. Keech, 46, of Main Road, Stafford, is charged with petit larceny. Keech is accused of shoplifting from Tops on April 12.

Kevin J. Weber, 46, of Columbia Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, disorderly conduct, and resisting arrest. Weber was arrested following a report of an incident at 12:26 a.m. April 23 on Columbia Avenue, Batavia. He was jailed on $2,500 bail.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with riding a bicycle on a sidewalk, inadequate lights, no bell/signal device. McNear was stopped at 8:12 p.m. April 26 at 10 Ellicott St., by Officer Arick Perkins.

Dander J. Cramer, 18, of Route 46, Dansville, is charged with riding a bicycle on a sidewalk. He was stopped at 8:34 p.m. April 26 at 117 Jackson St., Batavia, by Officer Peter Flanagan.

Gregory M. Munroe II, 29, of Harvester Avenue, Batavia, is charged with driving with a suspended registration and aggravated unlicensed operation, 3rd. Munroe allegedly failed to appear in City Court on these charged.

Lisa M. Burke, 48, of Maple Avenue, Batavia, is charged with petit larceny. Burke is accused of shoplifting at Kwik Fill on Jackson Street.

Haley Marie Findley, 24, of Mt. Read Boulevard, Rochester, is charged with unlawful possession of marijuana. Findley was charged following a traffic stop at 8:40 p.m. Friday on Judge Road, Alabama, by Deputy Micheal Lute.

Jason William Whitehead, 19, of Batavia Oakfield Townline Road, Oakfield, is charged with unlawful possession of marijuana, unlicensed operator, moving from lane unsafely, expired inspection and failure to use signal. Whitehead was stopped at 11:43 a.m. Saturday on Pratt Road by Deputy Michael Lute.

Stephen Edward Edmonds, 53, of Dodgeson Road, Alexander, is charged with DWI, aggravated DWI -- driving with a BAC of .08 percent or higher, and failure to keep right. Edmonds was arrested at 1:34 a.m. on April 15 on Wilkinson Road, Batavia, for allegedly going over the center line of the roadway. He was allegedly intoxicated at the time. The defendant was released with appearance tickets for Batavia Town Court on May 4. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Kayla A. Ladue, 21, of Barry Road, Rochester, is charged with unlawful possession of marijuana and speeding in a 55-mph zone. Ladue  was arrested at 7:54 p.m. on April 27 on Clinton Street Road, Bergen. Following a traffic stop for allegedly speeding, it is alleged that Ladue had marijuana in her possession. She was issued an appearance ticket for Bergen Town Court on May 3. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Ryan DeLong.

Adam Stephen Terhaar, 23, of Torrey Pine Drive, Rochester, is charged with unlawful possession of marijuana. Terhaar was arrested at 9:09 p.m. on April 28 on Judge Road in Alabama following a traffic stop. The stop was made after a complaint of traffic offenses that had occurred. He was allegedly found to be in possession of a quantity of marijuana, a glass smoking pipe and a grinder. He was released on an appearance ticket for Alabama Town Court on May 30. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Deputy Michael Lute.

A larceny of cigarettes was just reported at the Family Dollar store on East Main Street in Batavia. The suspect left in a red Camaro and is now heading east on Clinton Street. Batavia PD is responding and the Sheriff's deputies are alerted.

UPDATE 7:37 p.m.: Within five minutes the suspect vehicle was stopped. A law enforcement officers says of the suspect, who is a passenger in the vehicle: "All she got was one pack of Pall Mall Red 100s."

Glenn H. Quintern is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Nov. 5 Quintern knowingly entered or remained unlawfully within a dwelling on Central Avenue in the City of Batavia with the intent to commit a crime.

Le Roy Police are responding to a report of 10 people "physically fighting" in the area of 17 Pleasant St. 

Ricky Miller II had previously entered a guilty plea to third-degree robbery.

Defense Attorney Jamie Welch sought an adjournment of the sentencing in Genesee County Court this afternoon to give Miller more time to complete $254 in restitution in order to avoid fees and surcharges.

Miller is expecting a tax-refund check the first week of May, so Welch asked for sentencing on May 8.

District Attorney Lawrence Friedman said it would cost the county more than $250 to house him in the local jail those additional days.

Judge Charles Zambito denied the request.

Miller can avoid some additional fees if he makes restitution before May 8. If he doesn't, then he must pay $25 per month until restitution is paid (Welch asked for $10 a month and Friedman countered $50 per month and Zambito went to with $25).

When asked to make a pre-sentence statement, Miller declined.

He was given two to four years in prison.

News partner WBTA contributed to this report.

Elizabeth Ann Hicks, 34, of Jackson Street, Batavia, is charged with promoting prison contraband, 1st, criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Hicks was allegedly found in possession of a needle and syringe with Suboxone while being booked on an unrelated charge. She was jailed on $5,000 bail, $10,000 bond.

David Henry Luther, 56, of Cider Mill Court, Lancaster, is charged with DWI, driving with a BAC of .08 or greater, consuming alcohol in a motor vehicle. Luther was charged following a "check the welfare" call on Bloomingdale Road, Tonawanda Indian Reservation, at 7:43 p.m. Sunday by Deputy Michael Lute.

Alicia Brandi Clark, 41, of Halstead Road, Batavia, is charged with endangering the welfare of a child, unlawful possession of marijuana, mobile phone use on highway and misuse of dealer plates. Clark was stopped at 4:35 p.m. Saturday on Lewiston Road, Batavia, by Deputy Michael Lute.

Timothy McCarthy, 47, of Alexander, is charged with DWI and driving with a BAC of .18 or greater. McCarthy was stopped by State Police.

Shawn Matthew Szczcygiel, 39, of Tinkham Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, unsafe tires, and inadequate exhaust. Szczcygiel was stopped at 4:54 a.m. Saturday on Tinkham Road by Deputy Eric Meyer.

Hector Maximilliano Vidal, 22, of Eggert Road, Tonawanda, is charged with petit larceny and unlawful possession of marijuana. Vidal is accused of shoplifting at Kohl's.

Dustin W. Bogue, 35, no permanent address, is charged with trespass. Bogue allegedly entered property owned by another person after being advised to stay off the property. He was jailed on $1,000 bail.

Ashley N. Ziccardi, 24, of Brooklyn Avenue, Batavia, was arrested on a warrant for alleged failure to appear.

Tiffany M. Brown, 25, of Maple Street, Batavia, was arrested on a warrant for alleged failure to appear. Brown was arrested by Sheriff's deputies and turned over to Batavia PD on a City Court warrant.

Russell R. Miles, 48, of South Main Street, Batavia, is charged with criminal contempt, 1st. Miles allegedly violated an order of protection. He was allegedly found at the residence of the protected party in violation of the order. He is accused of violating the same order at least twice in five years. He was jailed without bail.

Brian J. Hawkins, 37, of Pries Avenue, Buffalo, was arrested on warrant for alleged failure to appear. He was taken into custody at the Erie County Holding Center on the warrant. He was jailed on $300 bail.

Police received reports of possible youths dropping bricks or throwing bricks from the train track overpass on Lehigh Avenue, Batavia.

Units responded and two individuals have been spotted and police are trying to catch them as they move along the train tracks.

Both are described as white males, one wearing a black sweatshirt and black pants and the other is wearing a red sweatshirt.

UPDATE 10:51 p.m.: There is debris in the roadway that needs to be cleaned up. Police are still searching for the two individuals.

Julie Ann Stymus, 41, of Ellicott Street, Batavia, is charged with misapplication of property. She was arrested at 1:52 p.m. on April 19 on Veterans Memorial Drive. The defendant allegedly borrowed more than 400 DVDs which were supposed to be returned to the owner(s) but which Stymus allegedly pawned. She was released on an appearance ticket for May 15 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy James Diehl.

Todd Howard Campbell, 35, of Shrubbery Lane, Rochester, is charged with DWI and refusal to take a breath test. Campbell was arrested at 9:19 p.m. on April 11 on North Lake Street in Bergen for DWI. He allegedly struck a vehicle in Monroe County, causing injury to the driver, then fled the scene. Several witnesses followed his vehicle to the Village of Bergen where he was located by members of the Genesee County Sheriff's Office. He allegedly refused to take a breath test and was arraigned in Town of Le Roy Court where his driver's license was immediately suspended. Campbell was jailed in lieu of $1,000 bail and issued numerous traffic tickets by the Monroe County Sheriff's Office. The case was investigated by Genesee County Deputy Christopher Erion, assisted by Deputy Richard Schildwaster.

Shauna Elizabeth Driscoll, 28, of Wadsworth Avenue, Avon, is charged with: operating a motor vehicle with a BAC of .08 percent or more; DWI; harassment; driving left of pavement markings; and failure to use designated lane. Following the investigation of a traffic offense complaint on East Main Road in Le Roy at 9:58 p.m. on April 14, Driscoll was arrested and charged with the counts cited. She was released with an appearance ticket for Town of Le Roy Court on May 15. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl.

On April 18, State Police Batavia Troopers arrested Alsimeon Peterson, 18, from Hampton, Ga., on a warrant that stemmed from a pursuit that took place on April 15. On April 15, troopers attempted to stop Peterson on Park Road in Batavia. Peterson allegedly refused to stop and proceeded down the New York State Thruway where he was eventually stopped in Monroe County by the Monroe County Sheriff's Office and taken into custody. On April 18, Peterson was released from the Monroe County Jail and turned over to SP Batavia Troopers. Peterson was charged with two counts of reckless endangerment, 2nd, one count of fleeing a police officer, 3rd, and multiple traffic violations. He was arraigned in the Town of Batavia Court and put in Genesee County Jail in lieu of $10,000 bail.

On April 19, State Police Batavia Troopers arrested Daniel Difrancesco, 35, of Batavia, for felony DWI following a traffic stop on Route 5 in the Town of Batavia. Difrancesco was stopped for having a broken tail light. He subsequently allegedly failed field sobriety tests and refused to take a breath test. He was processed and arraigned at the Town of Batavia Court and released to appear on a later date.