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Oakfield child molester gets three to six years in prison on burglary conviction

By Billie Owens

An Oakfield child molester who pled guilty to third-degree burglary last month was given a three- to six-year prison sentence this afternoon by Genesee County Court Judge Robert C. Noonan.

In addition, Steven A. Mullen will concurrently serve a sentence of one-and-a-third to four years for failing to register as a sex offender after moving to a new address.

He was given the maximum sentence possible under a plea agreement with the District Attorney's Office. (Although he's a two-time felon, the first-degree sex offense could not be considered for sentencing purposes with regard to the burglary charge.) No restitution or fine was included in the deal.

"Mr. Mullen has a brief criminal history -- only the child molestation conviction before now," said Assistant Public Defender William Harper. "He had a terrible upbringing. He was the victim of sex abuse from multiple offenders."

Harper noted that his client "somewhat understands" how his family history has impacted his judgement.

"He makes poor choices, he acknowleges making poor decisions and knows that his actions affect others," Harper said before asking for the minimum sentence allowable.

When the judge asked Mullen if he had anything to say to the court, the slightly built 25-year-old spoke only of the failure-to-register conviction.

"I knew better, on failure to register, I knew I had 10 days," Mullen said. "I'm only asking the court to be lenient for my family, not myself."

Noonan was not swayed, saying multiple crimes have been committed because of one man's poor choices.

"I can't see that anything else should be afforded you," Noonan said before making his ruling.

Several supporters sat in the gallery behind the defendant and one woman wept softly as the sentence was handed down.

In 2004, Mullen was convicted of first-degree sexual abuse and served two-and-a-half years in prison.

Mullen was arrested earlier this year after an alert neighbor on Weatherwax Road in Oakfield reported a burglary in progress. He has been in Genesee County Jail since his arrest Feb. 16 and subsequent conviction on third-degree burglary.

Batavia woman accused of welfare fraud totaling more than $17,000

By Howard B. Owens

A 31-year-old Hutchins Place resident is accused of defrauding the Department of Social Services out of more than $17,000.

Deborah Schramm, of Batavia, is accused of submitting various forms from February 2011 through August 2011 for medical assistance and food stamps she allegedly wasn't qualified to receive.

Schramm is charged with six felonies -- grand larceny, 3rd, and five counts of offering a false instrument for filing, 1st.

Law and Order: Woman charged with DWAI after being found allegedly sleeping in car

By Howard B. Owens

Brianna Rae Burlingame, 20, of Palmer Road, Churchville, is charged with driving under the influence of drugs, criminal possession of a controlled substance and unlawful possession of marijuana. Burlingame was arrested after deputies Chad Minuto and Jason Saile responded to the parking lot of Petco at 2:14 p.m., Saturday for the report of a woman asleep behind the wheel of her vehicle while it was running. Burlingame was issued an appearance ticket.

Sean Allen Kota, 18, of Byron-Holley Road, Byron, is charged with DWI, driving with a BAC of .08 or greater and driver view obstructed. Kota's vehicle was stopped following complaints of the occupants throwing beer bottles out of the window of the car. His vehicle was stopped at 2:47 p.m., Thursday, on Oatka Trail in Le Roy by Deputy Matthew Butler.

Joshua Webster, 25, of York Road, Pavilion, is charged with grand larceny, 4th, and criminal possession of stolen property. Webster is accused of stealing a purse and credit cards from a location on Commerce Drive, Batavia, and of possessing stolen property from another incident at the time of his arrest on an unrelated incident. (Previously)

Gregory J. Battaglia, 30, of Pavilion Center Road, Pavilion, is charged with petit larceny. Battaglia is accused of stealing gasoline from a station in Le Roy.

A 17-year-old resident of Bacon Street, Le Roy, is charged with endangering the welfare of a child. The youth is accused of failing to provide appropriate supervision to a child left in his care.

Altercation reported at Center and Main streets in the city

By Billie Owens

An altercation is reported in the city at Main and Center streets. Batavia PD is en route. Two vehicles are said to have "emptied their occupants" who then clashed. A car eastbound on Route 5 may have been involved. Cops on scene say nothing's showing.

UPDATE 4:11 p.m.: There have been several calls to dispatch about this. The cars may be on Swan Street now. One vehicle is purportedly white and the other is "dark."

UPDATE 4:17 p.m.: A witness told dispatch one of the vehicles has a partial license plate of FRA. It's a 1999 green Mercedes-Benz registered to someone in Rochester.

Sexual abuser said to show little remorse, given 20 years to life in state prison

By Howard B. Owens

The picture that emerged in Genesee County Court this afternoon of Stephen Irving Stone was that of a 45-year-old man with little remorse and with little understanding that sexual abuse of children is wrong.

The only positives Judge Robert C. Noonan found in Stone was that he has no other criminal history and that by pleading guilty Feb. 24 to predatory sexual abuse he saved his victims from the torture of testifying in open court.

For those "limited reasons," Noonan said, he took a little time off the possible maximum sentence and sent Stone to prison for 20 years to life.

Stone's only words in court came after Noonan asked if he wanted to make a statement.

"No, your honor. It is in your hands, sir," said Stone, who came into court with a fully grown beard and shackled and in a jail orange jumpsuit.

The sentencing range available to Noonan was from 10 years to life to 25 years to life.

Assistant District Attorney Kevin Finnell spoke at length about Stone.

"When I read the PSI (pre-sentence investigation report), I came away with three thoughts," Finnell said. "This is a defendant who rationalizes, who minimizes and who fails to accept responsibility."

"I saw nothing," he added, "that said he expresses any kind of remorse or concern for his victims."

Defense Attorney William Harper said he had a slightly different read of the PSI, that Stone had "in his limited ability to do so" expressed remorse and that just prior to his arrest, he had come to the realization that what he was doing was wrong.

"Mr. Stone was indoctrinated into this behavior from an early age by multiple abusers," Harper said. "By his teenage years, he thought it was normal. In my last conversation with him, he told me he is full of regret."

Noonan said Stone's prior abuse was no excuse for his behavior, but noted that his own victims stand a better chance of being able to move on with their lives because Stone was caught, and they were willing to tell investigators what happened and will now benefit from more modern treatment programs.

"This case is one of the most vile set of circumstances I have had the responsibility to be involved in," Noonan said.

"It's amazing to me," he added, 'that a person could have such callous disregard for other human beings."

Noonan said the details of the crimes -- more than 100 acts over a several year period -- that Stone admitted to as "so disturbing" that he couldn't refer to the descriptions in public.

Man who participated in burglary on Maple Street given six years in prison

By Howard B. Owens

A Rochester man with no permanent address said he was just looking for gas money to get back to the city when he went along with a burglary at 10 Maple St., Batavia, on Dec. 11.

Frederick H. Robidoux Jr., 49, will spend six years in prison, Judge Robert C. Noonan ruled this morning.

Robidoux went along with Eric P. Doleman, 41, a former Thorpe Street resident, to the home of a Batavia man who had recently been locked up on drug charges.

An alert neighbor spotted the two men at 3 a.m. loading up a truck with items from the residence.

Doleman entered the apartment through a window while Robidoux waited outside.

For his part, Robidoux entered a guilty plea to attempted burglary Feb. 29. Two days earlier, Doleman admitted to burglary, 2nd, and aggravated unlicensed operation, 1st, and has yet to be sentenced.

District Attorney Lawrence Friedman told Noonan that Robidoux received all of the consideration he should through his plea deal, which reduced his possible maximum sentence down from 15 years to seven.

Defense Attorney Fred Rarick argued that much of Robidoux prior criminal record never led to convictions -- except one prior felony -- and a three or four year sentence would be more appropriate.

Rarick also took issue with a statement in the pre-sentence probation report that said Robidoux didn't accept responsibility for his actions.

"He does take full responsibility," Rarick said. "He's very remorseful."

Robidoux said, "I'm sorry I did it and I take full responsibility. I needed money to get back to Rochester or I wouldn't have been there."

The matter of restitution is still pending. Rarick contends that some of the items the victim claims were stolen were not on the property list of items recovered by police. And given the fact that the two men were captured within minutes of leaving 10 Maple St., it's not reasonable to conclude they took those items.

A hearing on restitution is scheduled for next month.

Law and Order: Woman accused of stealing credit card, phone from her mother

By Howard B. Owens

Samantha M. Williams, 31, of Warsaw Road, Le Roy, is charged with robbery, 3rd, grand larceny, 4th, criminal mischief, 4th, and petit larceny. Williams is accused of getting into an argument with her mother at about 9 a.m., Tuesday, while in a vehicle on Seven Springs Road. Williams allegedly took her mother's credit card. When her mother attempted to call 9-1-1, Williams allegedly took the phone and got out of the vehicle. Williams was located outside a business on East Main Street Road a short time later.

Raymond James Radley, 46, of Cook Road, Pavilion, is charged with forcible touching. Radley is accused of forcibly touching the intimate parts of a woman during an argument.

Mug Shots: suspects on Batavia PD's warrant watch list

By Howard B. Owens

There are 14 people listed on the Batavia PD's warrant watch web page. Here are five people currently being sought by police.

The website warns people against trying to apprehend these suspects themselves. If you spot the individuals or know their whereabouts, police ask that you call 9-1-1 or (585) 345-6350 to speak to a dispatcher or call the anonymous tip line at (585) 345-6370.

Christina M. Maynard, 30, last known address is 134 State St., Batavia; bench warrant for alleged operation of a motor vehicle while intoxicated, 1st.

Shane D. Vandenberg, 32, last known address is 20 S. Main St., Batavia; bench warrant for alleged menacing, 3rd, and violation of probation.

Larry K. Brewer, 46, last known address is 3 Maple St., lower; five warrants for aggravated unlicensed operation, 3rd, aggravated unlicensed operation, 2nd, criminal contempt, 2nd, criminal contempt, 1st, and two counts of harassment, 2nd, and criminal contempt, 1st, and aggravated harassment.

James Haynes, 25, with a last known address on South Lyon St., Batavia; warrant for attempted assault, 3rd.

John W. Biaselli, 43, with a last known address of 218 State St., Apt. #8; bench warrant for alleged criminal sale of a controlled substance, 5th.

Batavia man listed on city's warrant watch page located and arrested

By Howard B. Owens

A 19-year-old Batavia man who was listed on Batavia PD's warrant watch web page for a few weeks was arrested Monday after being located at Kibbe Park.

Name Redacted was wanted on two outstanding warrants out of city court, one stemming from unlawful possession of marijuana charge and the other on an endangering the welfare of a child charge.

Following arraignment, xx was jailed on $1,100 bail.

The first charge against xx was filed May 28 when xx allegedly served alcohol to people under 21 years of age.

The unlawful possession of marijuana charge stemmed from a Sept. 19 visit by the probation department at his residence when xx was allegedly found in possession of a smoking pipe with marijuana residue.

There had been a warrant issued for xx out of Town of Batavia Court on March 26, but it was recalled yesterday and the court record was sealed.

Two men seen stealing sheet metal from barn on Clipknock Road

By Howard B. Owens

Two people apparently stole some salvaged sheet metal from inside a barn on Clipknock Road, Stafford, this morning.

The suspects are described as "average white males."

They were last scene about 40 minutes ago heading east on Sweetland Road in a '90s-era white pickup truck.

It sounds like it should be easy to spot with the sheet metal piled high in the back of the truck bed.

The truck may be heading toward Rochester.

Anybody with information that may assist the investigation can contact the Sheriff's Office at 343-5000.

Firefighters accused of being bookies still on city payroll

By Howard B. Owens
Gregory Phillips Brian Bordinaro Lance Engel

Gregory Phillips, Brian Bordinaro -- two city firefighters accused of running an illegal bookmaking operation -- are still on the public payroll, according to City Manager Jason Molino.

Under New York's civil service law, employees accused of wrongdoing can't just be fired. There is a legal process for disciplinary action.

The city is working with the Sheriff's Office in obtaining evidence that might be used in a disciplinary process, Molino said, but no formal action has been taken yet.

The law requires that once a government agency suspends an employee without pay, the employee is allowed a disciplinary hearing -- where evidence is presented to support any disciplinary action -- and the employee can mount a defense within 30 days.

"We're still in the process of investigating things," Molino said.

Phillips and Bordinaro were arrested along with another public employee, Lance Engel, in February, and charged with criminal possession of gambling records.  Phillips was also charged with criminal possession of a controlled substance, 7th, for allegedly possessing a small quantity of cocaine.

Yesterday, the three men were arraigned on new charges, accusing them essentially of racketeering under New York's "enterprise corruption" statute, and of promoting gambling. 

Enterprise corruption is a Class B felony with a maximum possible prison term of eight-and-a-third to 25 years.

The three men are accused of running a criminal enterprise that generated at least $1 million in bets and more than $70,000 in profits.

The District Attorney's Office presented the suspects' defense attorneys with a six-inch high stack of paper that is reportedly the evidence gathered against the three men so far.

Sgt. Steve Mullen, lead investigator on the case, said the investigation is ongoing. The Sheriff's Office is still waiting for data from the computers and mobile phones seized when officers with search warrants raided the homes of the three men in February. The lockers at the fire hall of Phillips and Bordinaro were also searched.

The evidence gathered thus far covers only a portion of the time the trio is believed to have been allegedly involved in bookmaking.

Mullen said yesterday that some of the people who allegedly placed bets through the operation were in debt to the three suspects for thousands of dollars.

Investigators have indicated -- though are still trying to determine for certain -- that Phillips and Bordinaro were allegedly receiving betting-related text messages and phone calls while on duty.

BREAKING: Alleged bookies charged under NYS organized crime statute

By Howard B. Owens

Three men accused of illegally accepting bets, including two city firefighters, are being charged under NYS law of racketeering.

The "enterprise corruption" statute is similar to the federal RICO (Racketeer Influenced and Corrupt Organizations Act) law.

The Class B non-violent felony carries a possible minimum sentence of one to three years in prison and a maximum eight-and-a-third to 25 years. Probation without prison is not a sentencing option.

Gregory Phillips, Brian Bordinaro, both city firefighters, and  Lance Engel, a chef at the Western New York Veterans Home, appeared in Batavia City Court today to answer to the new charges, which also included promoting gambling, a Class E felony.

All three men entered not guilty pleas.

"My client entered a plea of not guilty and we certainly stand by that plea," said Engle's attorney, Joseph LaTona, outside the courthouse after the proceedings.

Their cases were bound over until Oct. 23, giving the District Attorney's Office time to consider whether to seek a grand jury indictment or take another course of action -- such as a possible plea deal.

All three men are out of jail on their own recognizance.

In February, they were arrested following an investigation by the Local Drug Enforcement Task Force, and charged with criminal possession of gambling records, a Class E felony. Philips was also charged with criminal possession of a controlled substance, 7th, for allegedly possessing a small amount of cocaine.

Investigators claim the three men were conducting an illegal bookmaking operation that grossed more than $1 million in bets and generated more than $70,000 in profits. 

The trio's defense attorneys today were presented with what is known as "discovery" -- material that the DA believes substantiates the charges. In this case, each attorney walked out of the courtroom with paperwork nearly six inches high.

The material represented, according to Sgt. Steve Mullen of the Genesee County Sheriff's Office, the fruits of his team's investigation, including phone records, text messages and other records collected so far.

There are still computer and mobile photo data to be compiled and analyzed, Mullen said, and any new evidence uncovered could potentially be turned over to District Attorney Lawrence Friedman, who could consider additional charges.

According to article 460 of the NYS penal law, a person is guilty of enterprise corruption when the person has knowledge of a criminal enterprise, participates in and has an interest in (as in ownership) of that criminal enterprise and is guilty of at least two other felonies (not including conspiracy) associated with the criminal enterprise.

One of the key elements in a case like this that sets an illegal gambling operation apart from legal forms of gambling in New York is that bookmakers often extend credit to their customers, Mullen said.

"If you go to the Downs or buy lottery tickets, you're spending money you have in your pocket," Mullen said. "It can still effect your family in adverse ways by spending money that is dedicated, or could be better dedicated, to other necessities in the home. In (a bookmaking) case, you’re able to gamble and continue to gambling without having the money in your pocket.

"From what the records (in this case) show," Mullen added, "there are people who ended up thousands and thousands of dollars in debt."

Mullen acknowledged that there are people in the community who don't think the bookmaking laws should be enforced, but it's not his job to change the law, just enforce it.

"Certainly, if these guys did profit in excess of $70,000, like it’s alleged, then it means there’s some people who are out of a substantial sum of money," Mullen said.

PHOTOS: Top, Phillips and Engle arriving at the courthouse; inset, Mullen; below, LaTona holding an armload of "discovery" and very bottom, Phillips leaving court with his attorney.

Law and Order: Recently arrested Pavilion man also accused of burglary

By Howard B. Owens

Joshua L. Webster, 25, of 7882 York Road, Pavilion, is charged with burglary, 3rd, grand larceny and criminal mischief, 4th. Webster is accused of burglarizing a residence April 12 on Clinton Street Road, Bergen. Webster allegedly stole more than $1,000 in property. Bail on this case was set at $10,000 cash or $15,000 bond. Webster was previously arrested over the weekend and accused of fleeing from an accident on West Main Street, Batavia, and escaping through Batavia Downs.

Robert Charles Polcyn, 70, of Renouf Drive, Rochester, is charged with possession of untaxed cigarettes and failure to keep right. Polcyn was stopped at 3:57 p.m. on Byron-Elba Road, Byron, for an alleged traffic violation by Deputy Timothy Wescott. Polcyn was allegedly found in possession of 4,400 untaxed cigarettes.

Trisha Rose Santora, 29, of Seneca Avenue, Batavia, is charged with criminal contempt, 2nd. Santora is accused of violating an order of protection.

Grand Jury Report: Alleged drug dealer indicted on four counts

By Howard B. Owens

Thomas L. Hill Jr., is indicted on four counts of criminal possession of a controlled substance, 3rd. Hill is accused of possessing cocaine with the intent to sell it Oct. 8 while at 335 Bank St., Batavia, and again on Jan. 7 at 174 Ross St.,  Batavia.

Albert A. Ackerman is indicted on a charge of felony DWI. Ackerman is accused of driving drunk Nov. 6 on Route 5 in the Town of Le Roy. Ackerman is accused of a prior DWI in 2009 in Florida.

Danielle Hendrickson is indicted on a charge of criminal possession of a forged instrument, 2nd. Hendrickson is accused of possessing, with the intent to defraud, a forged check in the amount of $50 drawn on the account of a local couple.

Shawn J. Scheg is indicted on a felony count of DWI and felony driving with a BAC of .18 or greater. Scheg is accused of driving drunk Jan. 8 while on West Sweden Road, Bergen. Scheg is accused of having a prior DWI conviction in the Town of Batavia in May 2002.

Law and Order: Suspect who allegedly fled to Batavia Downs arrested

By Howard B. Owens

Joshua L. Webster, 25, of 7882 York Road, Pavilion, is charged with aggravated unlicensed operation, 2nd, leaving the scene of a property damage accident and failure to yield right of way; Jessica L. Engelhardt, 21, of 7882 York Road, Pavilion, is charged with falsely reporting an incident and offering a false instrument for filing, 2nd. Webster was allegedly involved in an accident at 4:15 p.m., April 9, on West Main Street near Tops Market. Webster allegedly fled the scene on foot. Webster was reportedly identified by readers of The Batavian after his picture at Batavia Downs was posted on the website. Engelhardt, who is reportedly married to Webster, is accused of falsely reporting the vehicle stolen in an effort to cover up her husband's involvement in the accident.

Eric M. Duda, 50, of 111 Liberty St., Batavia, and Summer Ogden, 36, of 123 Washington Ave., Batavia, are both charged with criminal contempt. Duda and Ogden are both accused of violating orders of protection that prohibit them from being in each other's company. They were allegedly found together during a residence check by the Probation Department. Both were jailed on $5,000 bail.

Evan Ryan Anderson, 30, of Batavia, is charged with criminal possession of a controlled substance, 7th, driving with ability impaired by drugs and No/inadequate headlamps. Anderson was stopped at 11:50 p.m., Friday, on Route 5 in Pembroke by Deputy Patrick Reeves.

Luke Anthony Bacon, 19, of East Avenue, Akron, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, speeding (82 in a 55 mph zone), and failure to keep right. Bacon was stopped at 12:18 a.m., Sunday, on Akron Road, Pembroke, by Deputy Patrick Reeves.

Mark Russell O'Gee, 58, of South Street Road, Le Roy, is charged with criminal contempt, 2nd. O'Gee is accused of violating an order of protection by entering a residence he was barred from entering.

Christopher Michael Ames, 40, of Maple Avenue, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater and unlawful possession of marijuana. Ames was reportedly observed at 8:56 p.m., Friday, in a vehicle park behind an unoccupied building on Lewiston Road, Alabama, that is for sale. Upon further investigation by Deputy Chad Minuto, Ames was allegedly found to be in an intoxicated condition.

Kimberly A. Showler, 46, of 4 North Spruce St., Batavia, is charged with petit larceny. Showler is accused of shoplifting from a store on East Main Street, Batavia.

Lesley Marie Brice, 33, of Miller Avenue, Buffalo, is charged with harassment, 2nd. Brice is accused of pushing and shoving another person during a verbal argument that allegedly turned physical at 6:24 p.m., Friday, at a location on Main Street, Pembroke. Also arrested in connection with the incident was Angel Victoria Ramos, 19, of Main Road, Pembroke, who is charged with harassment, 2nd. Ramos is accused of hitting another person during an argument.

Warrant issued for alleged Pavilion bank robber

By Howard B. Owens

Accused bank robber Jonathan A. Mills has officially been named a suspect in the April 6 Pavilion Five Star Bank robbery.

The Genesee County Sheriff's Office requested and has been granted an arrest warrant by Town of Pavilion Justice Philip Werner for Mills, who is currently being held in the Columbia County Jail in Hudson.

Mills, with a listed address of 115 Maryland Ave., Rochester, is a possible suspect, along with possible accomplices, in other bank robberies around the state.

The Genesee County warrant accuses Mills of robbery, 3rd, a Class D felony, and grand larceny, 4th.

Authorities believe Mills is the man who stepped into the Pavilion bank about 3:30 p.m., April 6, and presented the teller a note, claiming he had a gun, and demanding money.

Investigators have not said how much money the robber received from the teller.

The suspect then ran from the bank and jumped into a car, according to witnesses, driven by another African-American male.

The second suspect has not been identified.

The operation matches a robbery in Greene County on Monday, which eventually led to the arrest of Mills.

Batavia man accused of ramming police car, fleeing on foot, following attempted traffic stop

By Howard B. Owens

A 24-year-old Batavia resident is accused of intentionally ramming a police car and then running from officers during an incident in the city overnight.

David L. Andrews, of 19 Holland Ave., Batavia, is charged with criminal mischief, 2nd, reckless endangerment, 2nd, resisting arrest, unlawfully fleeing a police officer in a motor vehicle, 3rd, and 19 vehicle and traffic violations.

Andrews was reportedly wanted on an arrest warrant out of city court.

He is being held in the Genesee County Jail without bail.

The incident started at 12:28 a.m. when Officer Chris Camp attempted to initiate a traffic stop on Court Street.

Allegedly, Andrews did not stop his vehicle and Camp initiated a short pursuit down West Main Street.

At some point, Andrews allegedly hit a police vehicle and then fled on foot. The pursuit area included Holland Avenue, Montclair Avenue, Lacrosse Avenue, North Lyon Street and Allen Street.

Assisting Batavia PD were Sheriff's deputies and state troopers.

Assisting from Batavia PD were officers James DeFreze, Jason Ivison and Lt. G.Q. Steele.

Law and Order: Man accused of shoving family members to the ground during argument

By Howard B. Owens

Robert Anthony Holley, 41, of Overlook Drive, Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Holley is accused of grabbing his son, throwing him to the ground and kicking him during an argument. Holley is also accused of throwing his wife to the ground when she reportedly tried to stop him. Holley was jailed on $500 bail.

Uriah Ian Charles Smoke, 27, of Bloomingdale Road, Basom, is charged with reckless endangerment, 2nd, and criminal mischief, 4th. Smoke is accused of failing to appear in the Town of Alabama Court following his release from the Erie County Correctional Facility and was arrested on a warrant.

David Christopher Dodd, 23, of County Road 132, Ovid, is charged with two counts of aggravated DWI (child passengers under 16), operating a motor vehicle while impaired by drugs and failure to stop at a stop sign. Dodd was arrested following a report at 9:05 p.m., Wednesday, that a vehicle was operating erratically on Park Road. Dodd was stopped by Deputy James Diehl.

Woman accused of hitting Walmart employee makes first appearance in county court

By Howard B. Owens

The judicial process in the case of the People v. Jacquetta Simmons took another step forward today with Simmons appearing in Genesee County Court to answer to charges stemming from an alleged assault on Christmas Eve against a 70-year-old Walmart employee.

A grand jury indicted Simmons on two counts of assault in the second degree.

As is routine for a criminal defendant at this stage of the proceedings, Simmons entered a not guilty plea.

Earl Key, and his assistant Ann Nichols, the attorneys for Simmons, will now have 45 days to file motions.

Simmons is scheduled to reappear in court June 21 for a hearing on any motions filed on her behalf.

The 26-year-old Batavia woman is accused of hitting Grace Suozzi, who was working at Walmart on Christmas Eve, causing Suozzi to suffer facial fractures.

One of the assault charges is based on a fairly new statute that makes it a felony for a younger person to hit a person over 65 years old.

Second man involved in Le Roy meth case enters guilty plea in federal court

By Howard B. Owens

A second man involved in a "particularly dangerous" type of methamphetamine production has entered a guilty plea in federal court.

Christopher L. Williams, 33, of 8 Erie St., Le Roy, faces up to a year in prison or a fine of $100,000 or both after his guilty plea to unlawful possession of methamphetamine.

His apparent partner, Nicholas P. Sadwick, 24, of Le Roy, entered a guilty plea on charges stemming from the same case last month.

Both men were arrested a year ago after a residence they were using was raided by members of the Local Drug Enforcement Task Force.

The manufacturing method used involved batteries -- a method unique among all of the other meth lab busts in 2010 -- which Deputy Chief Jerome Brewster described at the time as "particularly dangerous."

In a press release today, the U.S. Attorney's Office said investigators found a baggie and a Mason jar, both containing clear liquid that was found to contain methamphetamine.

Outside the residence, investigators found an Icy Hot pack that had been ripped open.

"These items are common materials used in the production and clandestine manufacture of methamphetamine," the release said.

Williams admitted to possessing methamphetamine for personal use.

Sentencing is set for 11 a.m., July 11, in federal court in Buffalo.

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