crime

No matter how much John A. Cabrera Jr. wants to prove to the community he's a good person, he's going to have to wait, Judge Robert C. Noonan told the church burglar this morning.

The 22-year-old Cabrera told Noonan he knew had made mistakes and he was sorry for hurting people.

"In your crime spree, you victimized people who are the people who help others in the community," Noonan said. "Nothing but a long prison term would be appropriate. I'm glad you want to turn your life around, but it's going to be a long while before you can do that."

In October, Cabrera admitted to three Class D felonies of burglary and escape.

With a possible maximum sentence of two-and-a-third to seven years on each count, Noonan came close to giving Cabrera the max. Cabrera will serve two to six on all three counts, served consecutively, which means he could be in prison for six to 18 years. If he's released any time before 18 years, the balance of the sentence will be served on parole.

Cabrera's crimes included a burglary of St. Paul's, St. Mary's, Ascension West, First Baptist and St. James.

"I'm very, very sorry for what I did," Cabrera told Noonan. "Looking back on it, it's never worth it to hurt somebody, especially in a community setting like a church. It effects a lot of people. You hurt everybody in the church."

The Oct. 9 plea also satisified any uncharged crimes Cabrera may have committed and in court today Cabrera was ordered to pay restitution to a Town of Batavia women he also stole from.

He will also be required to pay restitution to Genesee County for damage he did to the jail when he escaped.

His total restitution to the churches and the woman total $7,018. Whatever balance remains unpaid upon his release from prison will be paid in $200 monthly installments, Noonan ruled. The churches and the Batavia woman will be paid first, followed by the county, before the insurance companies are paid.

"What I did was wrong," Cabrera told Noonan. "Either way, whether it was churches or somebody else, it was wrong. I'm ready to change, to seek help and to pay my debt and pay restitution. I want to do what is right. I don't want this to linger after I get out. I don't want to be remembered for the bad things I did after I get out. I want to be remembered for doing good because I'm not a bad person. I'm a good person."

District Attorney Lawrence Friedman argued that given the scope of the crimes and the nature of the victims, Cabrera should receive the maximum possible sentence.

Attorney William Harper, representing Cabrera for the Public Defender's Office, asked Noonan to consider that Cabrera never had any contact with law enforcement prior to his early summer crime spree.

He noted that Cabrera had a mental health and drug problem, which he sought help for on his own before the crime spree even started, but never really got help.

There's also an indication, Harper noted, that Cabrera's church burglaries didn't begin until after Cabrera started using bath salts.

"Bath salts wreaked havoc with his ability to deal with his mental health issues and refrain from engaging in criminal activity," Harper said.

Noonan said he was sympathetic to Cabrera's mental health issues, but the issues were not of the severity or nature that he couldn't recognize what he was doing was wrong. Presentence reports, Noonan said -- not withstanding Cabrera's own statements in court -- indicate that Cabrera believes the normal rules of society do not apply to him.

Updated with additional information from the Sheriff's Office at 6:38 p.m.

A Batavia woman was arraigned on two felony drug counts today in county court.

Tracey Brewer (aka Tracey Cook), 47, of 52 Columbia Ave., Batavia, is accused of selling hydrocodone and oxycodone.

She was arrested Tuesday on a sealed grand jury indictment. She is charged with one count each of criminal sale of a controlled substance, 4th, and criminal sale of a controlled substance, 3rd.

Brewer's arrest followed an investigation by the Local Drug Enforcement Task Force.

She is accused of making the sales April 4 and April 18 at her Columbia Avenue residence to an undercover agent.

Batavia PD assisted in her apprehension.

Brewer was released following arraignment under supervision of Genesee Justice.

A man already serving a 15-year prison term for molesting a toddler admitted in county court today that he also molested another child under age 11 in March.

James L. Little Jr., 41, formerly of Batavia, could get three-and-a-half years tacked onto his current sentence after accepting a plea deal from the District Attorney's Office.

Little was escorted to court by state prison guards and appeared in court shackled and in a kelly green jumpsuit.

He entered a guilty plea to sexual abuse in the first degree.

Sentencing is scheduled for Jan. 29.

Batavia PD first arrested Little earlier this year for molesting a 2-year-old. Only after he was sentenced on that first charge did the second molestation, which occurred prior to Little's first arrest, come to light. 

Fifty-three-year-old Beverly Hensel was accused in court documents of supplying Little which child porn starting in 2008. She's entered a guilty plea to possession of child sexual performance and is scheduled for sentencing Jan. 9.

Roque Guillermo, 45, of Mechanic Street, Elba, is charged with incest in the third degree, a Class E felony. Guillermo is accused of having sexual relations with a member of his family Sunday evening. Guillermo was arraigned in Town of Batavia Court and jailed on $20,000 bail. The case was investigated by Deputy Chad Minuto and Investigator Kris Kautz.

Paul Nawotka, 41, of Mead Road, Medina, is charged with unlawful imprisonment, criminal possession of a weapon and harassment, 2nd. Nawotka was arrested following an investigation into a domestic incident Feb. 6. Nawotka was allegedly found in possession of a billy club. The case was investigated by Deputy Brian Thompson and Trooper Caton Baines.

Todd Eric Weaver, 43, of Seven Springs Road, Batavia, is charged with criminal mischief, 2nd, and attempted assault, 2nd. Weaver was allegedly involved with a police pursuit at 5:45 a.m., Friday, when he allegedly used his car to strike a Medina PD cruiser on Skye Road, Tonawanda Indian Reservation, causing damage to the cruiser. Weaver is also accused of striking a mailbox on Skye Road. He was also issued citations for alleged failure to keep right, driving left of pavement markings and moving from lane unsafely. The reported pursuit of Weaver began in Orleans County and ended on Clinton Street Road, Stafford. Following his release from ECMC, Weaver was arraigned and jailed without bail.

Todd Eric Weaver, 43, of 8510 Seven Springs Road, Batavia, is charged with unlawful fleeing a police officer in a motor vehicle, 3rd, criminal possession of a weapon, 4th, criminal mischief, 4th, aggravated unlicensed operation, 2nd, reckless driving, unlicensed operation, failure to yield to an emergency vehicle, improper right-hand turn, open container, speeding and 11 counts of failure to stop for a stop sign. After receiving notification of a vehicle involved in a pursuit with Medina PD earlier in the morning, Officer Thad Mart observed a vehicle matching the description of the earlier pursuit. Mart attempted to initiate a traffic stop in the City of Batavia. The vehicle did not stop and led Mart and responding Batavia PD units on a pursuit. Weaver allegedly drove his vehicle over a lawn on East Avenue causing damage to the lawn. Weaver allegedly drove his vehicle to Clinton Street Road and proceeded north on Clinton Street Road, out of the city and into the Town of Stafford. Sheriff's deputies joined the pursuit. Weaver's vehicle reportedly managed to avoid spikes placed in the road in an attempt to end the pursuit. Weaver's vehicle stopped on Clinton Street Road when it ran out of gas. A .22-caliber rifle was allegedly found in the vehicle. Weaver is reportedly barred from possessing firearms because of a prior felony conviction. Weaver was jailed without bail. Additional charges are pending from the Sheriff's Office, Batavia PD and Medina PD.

Dawn Marie Gagliano, 33, of Broadway Road, Darien, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right, open container and criminal possession of a controlled substance. 7th. Gagliano was charged following a one-vehicle accident at 1:52 a.m., Saturday, on County Line Road, Darien. The accident was investigated by Deputy Matthew Fleming.

Philip M. Robinson, 22, Ellicott Street Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Robinson's 2006 Pontiac was located at 2:21 a.m., Sunday, unoccupied with its lights on. Robinson was reportedly located a short distance from the vehicle by Sgt. Greg Walker. Upon investigation, Walker determined Robinson had allegedly been operating the vehicle while intoxicated.

Michael Thomas Coffey, 43, of Heritage Estates, Albion, is charged with petit larceny. Coffey is accused of consuming food at the Yellow Goose in Elba and then leaving with out paying for the food.

Matthew K. Surdyke, 26, of Greeley Street, Rochester, is charged with criminal possession of a controlled substance, 7th, unregistered motor vehicle and uninspected motor vehicle. Surdyke's vehicle was stopped by Deputy Brian Thompson at 5 p.m., Thursday, on Buffalo Road, Bergen, for a passenger allegedly not wearing a seat belt. Surdyke was allegedly found in possession of suboxone.

Lena M. Evans, 25, of 34 Maple St., upper, Batavia, is charged with petit larceny. Evans is accused of shoplifting from Dollar General merchandise valued at $8.64.

Woodrow C. Horseman, 36, of 5049 E. Main St. Road, Batavia, is charged with petit larceny. Horseman is accused of stealing $91.98 in merchandise from Plaza Spirits in Eastown Plaza at 3:42 p.m., Friday. Horseman was located by Officer Eric Dibble on Sunday.

Gregory Seppe, 54, no permanent address, is charged with appearance in public under influence of narcotics or drug other than alcohol. Seppe allegedly had three police contacts in less than four hours early Sunday morning where he appeared to be under the influence of narcotics.

Otis E. Hardy, 54, of Pensacola, Fla., is charged with forcible touching and criminal trespass. Hardy was arrested by State Police at 11:10 a.m., Saturday, at 8204 Park Road, Batavia. Hardy was held in jail. No other details released.

Joshua Michael Hoffman, 22, of Burnt Mill Road, Churchville, is charged with DWI, driving with with an open alcoholic beverage, aggravated unlicensed operation, leaving the scene of an accident, failure to stop at a stop sign and unreasonable speed at an intersection. Hoffman was charged following an accident at 4:29 a.m., Thursday, at the intersection of Bovee Road and Route 19, Bergen. Hoffman was jailed on $2,000 bail.

Daniel J. Bushman, 38, of 220 W. Main St., Batavia, is charged with harassment, 2nd, and menacing, 2nd. Andrea M. Gray, 34, of 111 Liberty St., Batavia, is charged with criminal trespass, 2nd. Bushman and Gray were reported involved in an altercation at 6:20 p.m., Thursday, at 220 W. Main St., Batavia. Bushman is accused of pushing another person and threatening that person with a sword. Gray is accused of remaining in the dwelling after previously being barred from the location.

Russell R. Miles, 44, of 220 W. Main St., Batavia, is charged with criminal trespass, 2nd. Miles was allegedly located inside a residence at 111 Liberty St., Batavia, that he had previously been advised by the owner not to enter.

Kevin Lamar Baldon, 36, of Bakos Boulevard, Buffalo, is charged with robbery, 3rd, and grand larceny, 4th. Baldon is accused of yanking a lanyard with keys attached from the neck of a woman during a dispute and taking the keys from her without permission.

Amy Lynn Showler, 37, of Manhattan Avenue, Batavia, is charged with grand larceny, 4th. Showler was taken into custody on an arrest warrant out of Town of Batavia Court for allegedly stealing a large screen TV from BJ's Wholesale Club.

Robert T. C. Morrow, 20, of 139 Bank St., Batavia, is charged with petit larceny. Morrow is accused of trying to conceal two bottles of liquor inside a backback while leaving Center Street Smoke House.

Mark Humel, 21, of East Pembroke, is charged with DWI. Humel was stopped at 7:25 p.m., Thursday, by State Police, on Main Road, Newstead, for allegedly attempting to make an illegal U-turn. Humel's alleged BAC was .11.

Mark D. Caufield, 18, of Rochester, is charged with unlawful possession of marijuana. Caufield was arrested by State Police at 1:15 p.m., Oct. 10, in Stafford.

Orleans County law enforcement is reportedly pursuing a white van that has entered Genesee County southbound on Route 63. The vehicle is refusing to stop.

Orleans County advises caution. The van almost ran a law enforcement car off the road.

The vehicle is now headed west on Ledge Road.

UPDATE 5:43 a.m.: The vehicle is registered to a female resident of Seven Springs Road.

UPDATE 5:46 a.m.: Vehicle now headed into Erie County.

UPDATE 5:56 a.m.: Orleans County called off the pursuit. The van was last seen passing Jan's Smoke Shop.

UPDATE 6:06 a.m.: White male driver. The vehicle had been loaned to a woman in Albion.

UPDATE 6:22 a.m.: There is now a pursuit in the city. It's unclear if it's the same vehicle. The vehicle is eastbound on North and just passing North Spruce after allegedly going through several stop signs.

UPDATE 6:23 a.m.: Vehicle is now eastbound on Clinton and passing Grand View Cemetery. It was allegedly going 50 mph through the residential neighbhoods.

UPDATE 6:25 a.m.: The vehicle avoided spikes laid down on Clinton. It's continuing eastbound past Seven Springs and past Horseshoe Lake Road. Now at 33 and Mill, eastbound.

UPDATE 6:27 a.m.: Vehicle is slowing down in the area of 5168 Clinton St. Road, down to 20 mph.

UPDATE 6:28 a.m.: Vehcile is stopped. Multiple law enforcement units arriving on scene.

UPDATE 6:28 a.m.: Subject in custody.

UPDATE 6:37 a.m.: Medina PD informs local law enforcement of a suspicion of a controlled substance in the vehicle, and as a possible reason for the pursuit.

A 25-year-old Wood Street resident is in jail, being held without bail, accused of selling crack cocaine to undercover investigators.

Victor D. "Grimes" Guy is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Both charges are Class B felonies.

Guy's arrest concluded a six-month investigation into the suspected sale of crack cocaine in Batavia.

The task force was assisted by Batavia PD and the District Attorney's Office.

Tia E. Schmieder, no age listed, of 218 State St., Batavia, is charged with disorderly conduct. Schmieder is accused of being loud and disorderly while at UMMC. Schmieder allegedly slammed into a glass door and damaged it. She was jailed on $500 bail.

Jon-Erik L. Bradt, 27, of 25 Stevens Drive, Attica, is charged with criminal contempt, 2nd, and aggravated harassment, 2nd. Bradt is accused of sending numerous text messages and making several telephone calls to a person he was ordered not to contact. Bradt was arrested by Batavia PD.

Liani M. Garrastazu, 17, of Batavia, is charged with assault, 3rd, criminal mischief and acting in a manner injurious to a child. Garrastazu was arrested by State Police for an alleged incident reported at 9:09 p.m., Tuesday. No further details were released.

Jason Robert Sando, 45, of Walkers Corners Road, Byron, is charged with criminal contempt, 2nd. Sando is accused of violating an order of protection during a domestic incident at his home.

Jason Carl Nanni, 36, of Highland Park, Batavia, is charged with criminal contempt, 2nd, and aggravated harassment, 2nd. Upon release from the Willard Drug Treatment Campus, Nanni was taken into custody on three counts of criminal contempt, 2nd, and three counts of aggravated harassment, 2nd.

Joshua L. Baltz, 36, of 29 Tracy Ave., Batavia, is charged with petit larceny. Baltz is accused of shoplifting from the Kwik Fill on Jackson Street.

A Batavia man who yesterday received the lowest possible sentence from Judge Robert C. Noonan for burglarizing a friend's house earlier this year, is now a suspect in a burglary at the Sprint store on Veterans Memorial Drive.

Justin C. Smith, 36, of Hutchins Street, Batavia, already in custody awaiting transfer to state prison to begin serving a three-year term, was arrested by the Sheriff's Office today and charged with burglary, 3rd, and grand larceny, 4th.

According to investigators, Smith is suspected of stealing two Samsung touch screen cellular telephones from a display stand near the front door of the Sprint store at 4140 Veterans Memorial Drive.

Deputies had responded to the location after a burglary alarm at 10 p.m., Oct. 18. Nobody was in the store when they arrived, but they did discover the alleged theft.

A store employee reported that during regular business hours the previous two days, three additional touch screen phones had been stolen.

Smith is suspected of stealing one phone Oct. 16, two Oct. 17 and two more during the Oct. 18 burglary.

Yesterday, Noonan, whose assessment of Smith was based on a pre-sentence probation report, said that Smith was an example of what happens when a good person gets mixed up with drugs.

Because Smith had a prior non-violent felony conviction in 2007, the minimum sentence available to Noonan for Smith was three years.

Noonan would not necessarily have known about the pending investigation at the time of sentencing.

A woman accused of breaking into the home of a person she knew in Le Roy and trashing the residence entered a guilty plea this morning to burglary in the third degree.

As part of her plea deal, Karen L. Stone, 45, of Elm Street, Le Roy, faces from four to six months of intermittent jail time and five years probation.

Stone reportedly caused significant damage inside the home while the resident was away.

She was originally charged with second-degree burglary and petit larceny.

Sentencing is set for 1:30 p.m., Jan. 14.

Robert Scott DeSmit, 47, of 14280 Gillette Road, Barre, is charged with criminal contempt, 2nd. DeSmit is accused of violating a complete stay away order issued in Family Court by sending an e-mail message attempting to arrange a meeting to the protected party Oct. 23. DeSmit allegedly followed up with a text message sent from his e-mail address to the protected party's mobile phone that read, “I got the order. I’m sorry. I sent you an e-mail.” DeSmit was arrested Oct. 24 by Batavia PD.

Ranelle E. Reuben, 30, of Basom, is charged with felony DWI, aggravated unlicensed operation, refusal of breath test, stopping/standing on public highway, drinking alcohol while operating a motor vehicle and driving without a license. Reuben was arrested by State Police at 2:40 a.m., Sunday, on Route 77, Pembroke.

Brandon Charles Smart, 35, no permanent address, is charged with trespass. Smart turned himself in on a warrant pending in Le Roy Town Court. Smart is accused of trespassing at Buttermilk Falls on June 14.

The case of Justin C. Smith is an example, Judge Robert C. Noonan said in county court today, of what can happen when a "basically good person has drugs take control of his life."

On Nov. 18, Smith broke into the residence of a friend on Porter Avenue and stole an item and pawned it.

In July, Smith admitted to attempted burglary, 2nd.

Because Smith has a prior non-violent felony conviction, from 2007, the minimum sentence available to Noonan was three years. Smith will spend three years in prison.

"There are a lot of different kinds of entries into somebody's house and your's violated the trust of a friend," Noonan said. "You accessed the property of somebody you knew and, unfortunately for you, that is classified as a violent felony with a mandatory determinate sentence."

A friend of Smith's sat in the gallery and wept as Noonan pronounced sentence.

One his term is completed, Smith will be on post-release supervision for five years.

He must also pay restitution to Pawn King for $105.

A Canandaigua man will serve a 90-day intermittent sentence in jail and five years on probation for claiming fraudulent unemployment benefits in Genesee County.

He faces similar charges in Ontario County.

Nicholas A. Caliese must repay the county $12,829.50.

Caliese entered a guilty plea to grand larceny, 3rd, in Genesee County Court on July 6.

His sentence was based on a plea deal struck over the summer.

Currently, Caliese is working two jobs, one is full-time, and going to school.

"A probation sentence is appropriate, giving him the opportunity to continue forward with the positive steps that he’s just made recently," said Billy Tedford, his attorney.

Jamie R. Alford, 22, of 219 N. Spruce St., Batavia, is charged with disorderly conduct and resisting arrest. Batavia PD responded to a report of a disturbance in the bar at Days Inn at 1:18 a.m., Sunday. Several people were reportedly involved in several fights inside and outside the hotel. Alford was reportedly among people ordered by hotel staff and police officers to leave the property. While patrols were dispersing the crowd, Alford allegedly tried to start another fight in the bar area. When officers attempted to arrest Alford, he allegedly resisted arrest and fought with police. Following arraignment in city court, Alford was jailed on $500 bail.

Alicia M. Stankwick, 21, of 318 E. Main St., Apt. #2, Batavia, is charged with criminal contempt. Stankwick allegedly violated an order of protection by having a third-party communicate with the protected party.

Roger L. Lashure Sr., 45, of 3322 W. Main St. Road, Batavia, is charged with three counts of criminal contempt, 2nd. Lashure is accused of contacting a person he was ordered not to contact on three occasions between Oct. 23 and Oct. 25.

Abigail R. Storman, 17, of 111 State St., Batavia, is charged with menacing, 2nd, harassment, 2nd, criminal mischief, 4th, and harassment, 2nd. Stroman is accused to threatening a person by holding a knife and stating she would "slice up" the person at 9:15 a.m., Thursday. She also allegedly threatened to hit the person while raising her fist. She allegedly punched and broke a window in the residence.

Scott Dwayne Kingdon, 46, of Sparks Road, Pavilion, is charged with aggravated harassment, 2nd. Kingdon is accused of constantly contacting a person through Facebook, texting and e-mails after being old not to have contact with the person. An order of protection was issued following Kingdon's arrest.

Garfield George Phillips, 46, of Lincoln Avenue, Rochester, is charged with issuing a bad check. Phillips was taken into custody by Rochester PD on an arrest warrant out of Le Roy Town Court and turned over to the Sherrif's Office. Phillips is accused of writing a bad check July 25 in the amount of $2,400.

Ashlea Marie Harmon, 21, of Edwards Street, Batavia, is charged with petit larceny. Harmon is accused of stealing a Kindle Fire from an apartment where she was babysitting and then pawning the ebook reader.

Some teenagers reportedly took a gun, a "38 Special," out of a vehicle in the parking lot by the Verizon Store in the Tops plaza, according to a caller to dispatch, and another caller reports that man in a blue truck in the parking lot of Batavia Downs is striking someone and yelling about them taking a weapon out of a vehicle. Law enforcement is trying to sort it out now.

John Spyropoulos, co-owner of Settler's Restaurant on West Main Street, was a little taken aback yesterday to learn that the insurance company for the owner of a car that took out his 28-year-old business sign Oct. 10 won't help pay for its replacement.

State Farm said, according to Spyropoulos, that since the alleged driver, Martin F. Jones, 41, of 120 Jackson St., Batavia, wasn't authorized to drive the vehicle, the owner's policy doesn't cover the damage.

"I thought that was what uninsured motorist was for," Spyropoulos said.

It will cost $12,000 to replace the sign and the insurance Spyropoulos has on the building will pay only for $5,000 of it.

To get his money, Spyropoulos may need to file a claim for restitution through the courts. He could file a claim for the entire $12,000 expense.

If Jones is convicted, Jones could be ordered to pay for the sign at his sentencing.

Spyropoulos said he will look into that option.

Jones was charged with felony DWI, refusal to take breath test, two counts of leaving the scene of a property damage accident, unsafe backing, aggravated unlicensed operation, 1st, avoiding an intersection, speed not reasonable and prudent and driving on the sidewalk.

A burglary suspect turned himself in yesterday following a police investigation into a break-in at a residence on East Avenue in the city on Oct. 9.

Trevon L. Armstrong, 27, of 20 Tracy Ave., Batavia, is charged with burglary, 2nd, and grand larceny, 4th.

Det. Charles Dudek investigated the case, identified Armstrong as the suspect, and asked him to turn himself in. Yesterday, he did.

A flat-screen TV and a laptop computer were recovered shortly after the burglary was reported, Dudek said.

Armstrong was arraigned in Batavia City Court and ordered held without bail.

Officer Mark Lawrence assisted in the investigation.

Mercedes Shanelle Stricklin, 19, of Pringle Avenue, Batavia, is charged with petit larceny. Stricklin is accused of shoplifting from Kmart.

Amanda Lee McGowan, 20, of Pringle Avenue, Batavia, is charged with petit larceny. McGowan is accused of shoplifting from Kmart.

Jennifer L. Stack, 33, of 48 S. Main St., Batavia, is charged with petit larceny. Stack is accused of shoplifting from the Kwik Fill at 99 Jackson St., Batavia.