crime

Press release:

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.

This Thanksgiving weekend, millions will hit the roads eager to spend time with family and friends. It’s one of the busiest travel times of the year, and unfortunately more people on the roadways means the potential for more vehicle crashes. During the Thanksgiving holiday weekend in 2014, 341 passenger vehicle occupants were killed in traffic crashes across the nation. In a combined effort to stop impaired driving, prevent injuries and save lives, law enforcement officers across New York State will take to the roads. The statewide STOP-DWI Crackdown efforts start on Nov. 23^rd and will end on Nov. 27^th. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

Research shows that high-visibility enforcement can reduce impaired driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. Batavia Police Chief Shawn Heubusch states, “Thanksgiving is a time to spend with loved ones, make sure that you drink responsibly and have a plan so that all families can be together this holiday weekend.”

The STOP-DWI Thanksgiving Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the Governor’s Traffic Safety Committee and implemented by the STOP-DWI Foundation. Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving. Have a safe and happy Thanksgiving Weekend!

Robert C. Kingsbury, 39, of East Main Road, Le Roy, is charged with two counts of criminal sale of a controlled substance, 3rd, and one count of criminal possession of a controlled substance, 3rd. Kingsbury is accused of selling a quantity of oxycodone to an agent of the Local Drug Task Force. He was arrested Thursday by members of the task force with assistance from Le Roy PD. He was arraigned and ordered held without bail.

Jonathan E. Seiger, 55, and Scott H. Spencer, 52, both of West Main Road, Stafford, are charged with one count each of grand larceny, 4th, and identity theft, 2nd. Seiger and Spencer are accused of unlawfully possessing and using a debit card of a friend. The men were also charged with 11 counts of criminal possession of stolen property, 4th, and conspiracy, 5th. Between Aug. 5 and 15, the duo allegedly used the debit card at an ATM machine, along with the friend's PIN identification, to withdraw $1,660. They were jailed on $2,500 each.     

Cassandra Marie Neal, 32, of Lapp Road, Fillmore, is charged with first-degree perjury and filing a false instrument, 1st. Neal was called upon to testify before a grand jury about an alleged domestic incident in Genesee County Park in 2015. Neal allegedly lied about the incident during her testimony. She also allegedly filed a false instrument with the Sheriff's Office. She was arraigned in City Court and released under supervision of Genesee Justice.

Gregory Joseph Rodak, 32, of Winterroth Street, Rochester, is charged with felony DWI and felony driving with a BAC of .08 or greater and driving left of pavement markings. Rodak was reportedly involved in a two-car accident at 8:11 p.m. Thursday on Townline Road, Bergen. Deputy Kevin Forsyth reports he detected the odor of alcohol and that Rodak admitted to drinking earlier. Rodak submitted to a field sobriety test. He has a prior conviction for DWI within the past 10 years, leading to the felony charges.

Frederich Welch, 57, and Doncella Loyd, 53, both of Rochester, are charged with criminal possession of stolen property, 5th. Welch and Loyd are accused of making several trips in and out of Kohl's, taking merchandise worth $719.91. Troopers stopped the vehicle in the Batavia Towne Center parking lot. Welch was jailed on $2,500 bail and Loyd was released under supervision of Genesee Justice.

Jonathan Dylan Jacob, 23, of Meadville Road, Alabama, is charged with unlawful possession of marijuana. Jacob was arrested following a report of an incident in the Town of Alabama. During law enforcement contact, he was allegedly found in possession of marijuana.

James Rosie Thomas, 20, of 367 West St., Lake George, is charged with resisting arrest, escape and he was arrested on a warrant out of Elba. Thomas allegedly ran and resisted arrest when Deputy John Dehm attempted to take him into custody on a warrant at a location on South Main Street, Oakfield.

Tracy L. Miller, 32, of South Lake Road, Pembroke, is charged with grand larceny, 4th. Miller is accused of stealing a purse, which contained several debit and credit cards. 

Nicholas Price, 29, of Batavia, is charged with driving while ability impaired by drugs. Price was stopped by a trooper after a report of an erratic driver, including a witness reporting seeing the vehicle hit a mailbox and continue down the road. Price was stopped and administered a field sobriety test before being arrested. He was also charged with leaving the scene of a property damage accident and criminal possession of a controlled substance, 7th.

Daniel Hinca, 21, of Alexander, is charged with driving while ability impaired by drugs and speeding. Hinca was stopped by State Police in Byron. A trooper administered a field sobriety test prior to his arrest. 

Joshua Taro, 38, of Auburn, is charged with petit larceny. Taro is accused of shoplifting from a store in Pembroke. He was jailed on $500 bail.

Brandi Heidenreich, 26, of Oakfield, is charged with petit larceny. Heidenreich was arrested by State Police for allegedly stealing items from Walmart worth $45.18.

A Batavia man accused of threatening a police officer was supposed to be sentenced yesterday following his guilty plea last month, but when he appeared to before Interim Judge Micheal Pietruszka he confessed he really wasn't happy with his attorney or his plea deal.

He accused his attorney of withholding evidence from him prior to his plea, but as the discussion with Pietruszka went further, the main complaint of Bill Thomas was that Thomas heard his brother had told his attorney that he should take his case to trial.

There wasn't really new evidence, but Pietruszka went ahead and granted the 56-year-old Thomas a 10-day adjournment to find a new attorney.

Thomas was reportedly involved in a domestic dispute in March that resulted in several police officers and the emergency response team coming to his house on State Street where Thomas allegedly threatened a police officer with a knife. He was taken into custody without violence. 

Our news partner WBTA contributed to this report.

Daniel James Skivington, 39, of Reed Road, Bergen, is charged with two counts of criminal possession of a weapon, 4th. Skivington was contacted during an investigation into an alleged conservation violation. While at his residence, Skivington was found in possession of two rifles. Skivington has a prior criminal conviction. He was jailed on $1,000 bail. The Department of Environmental Conservation violation was investigated by DEC Officer Gary Wilson. Skivington was arrested by Deputy Ryan DeLong.

Edwin L. Stancliff, 37, of Indian Falls Road, Pembroke, is charged with criminal obstruction of breathing and harassment, 2nd. Stancliff was arrested following an investigation into an alleged domestic incident reported at 2:30 a.m., Sunday. He was jailed on $250 bail.

Andrew Enrique Montanez-Moran, 28, of High Street, Lockport, is charged with stalking, 4th. Montanez-Moran is accused of stalking a former girlfriend.

Devon Paul Leach, 22, of Main Street, Batavia, of unlawful possession of marijuana and passing a red light. Leach was stopped at 12:01 a.m. Sunday on South Lyon Street by Deputy Chris Parker. He was allegedly found in possession of a bag of marijuana in his pants' pocket.

David Allen Kemp, 38, of Creek Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, no stopping/standing on a highway. Kemp was arrested following an investigation into a menacing complaint in the Village of Oakfield at 7:49 p.m., Sept. 24, by Deputy Robert Henning.

Richard Dean McKague Jr., 28, of West Main Street, Batavia, is charged with harassment, 2nd. McKague allegedly threw a coffee cup at another person during an argument.

Two brothers from Monroe County already facing felony charges from alleged attacks in Byron and Bergen last month are facing new charges after further investigation. 

Scott M. Lamagna, 25, of Fairport, and Jonathan J. Lamanga, 18, of Webster, have been charged with coercion in the first degree.

The Lamagnas allegedly attacked a person in the parking lot of Playmates in Byron at 1:42 a.m. on Oct. 9 and then drove to the 7-Eleven in Bergen and got into an altercation with a man and a women inside the store. When one of the victims, who had reportedly already been injured, said he was going to call the police, the victim was allegedly punched in the face.

The victim of the Playmates incident reportedly suffered serious injuries.

Following their initial arrests on Oct. 11 and Oct. 12, both brothers were jailed on $25,000 bail apiece.

They were initially charged with second-degree assault.

Micheal S. Lytle, 27, and Sarah P. Lytle, 33, both of Tracy Avenue, Batavia, are charged with charged with criminal possession of stolen property, 4th. The couple is accused of using a stolen debit card to make several purchases totaling $790 on Oct. 11 and then making another $74 in purchases on Oct. 12.

Jordan Deskins, 19, of County House Road, Albion, is charged with petit larceny. Deskins is accused of shoplifting from Kmart.

Ajia Rae Hasenauer, 23, of Main Street, Batavia, is charged with petit larceny and falsifying business records, 1st. Hasenauer is accused of taking cash from a friend to register that friend at a hotel, then not registering that friend's name and placing the cash in the till.

Alexander Edwin Dills, 26, of Ellicott Street Road, Pavilion, is charged with criminal possession of marijuana, no front plate and uninspected motor vehicle. Dills was stopped at 11:41 a.m. Wednesday on Route 77, Corfu, by Deputy Chris Parker. During the traffic stop, Dills was allegedly found to possess two smoking pipes with marijuana, a marijuana grinder, a marijuana cigar and paper containing approximately four ounces of marijuana.

Kari W. Adams II, 32, of Covington Road, Leicester, is charged with unlawful possession of marijuana and speeding. Adams was stopped at 5:12 a.m. Wednesday on Route 63, Pavilion, by Deputy Jeremy McClellan.

Leonard E. Aguayo, 29, of Affinity Lane, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 2nd, and speeding. Aguayo was stopped at 3 p.m. Tuesday on Route 33, Byron, by Deputy Kevin Forsyth. Upon investigation, Aguayo was allegedly found to have 12 failures to appear on traffic citations from seven different dates. Based on the alleged detection of the odor of marijuana, Aguayo consented to a search of his vehicle and was allegedly found in possession of marijuana. Aguayo was jailed on $500 bail.

Craig L. Fien Jr., 44, of Le Roy, is charged with petit larceny and resisting arrest. Fien is accused of stealing a microwave oven and vacuum cleaner from Target. When confronted by Target security, Fien allegedly push passed security personnel and attempted to flee the premises. Fien was apprehended by an off-duty police officer who detained him until troopers arrived. He was jailed on $300 bail.

Two people are in custody and two more men are at large as the result of a reported home-invasion attack on residents at their Central Avenue home in the City of Batavia.

The alleged attack occurred at about 11 p.m., Oct. 28. and involved several people and resulted in at least two people being treated and released at the hospital.

According to witness statements obtained by The Batavian, several family members and a friend were at the residence on Central Avenue when they heard a knock on the door. 

When one of the residents answered the door, four men rushed in and started hitting one of the men in the home.

All four men were later identified to police by the victims. One claimed to have been stabbed several years ago by one of the suspects.

The suspects scattered when one of the victims grabbed a bat from the kitchen and began striking the back of one of the suspects.

According to Det. Eric Hill, the suspects were armed. He did not say what the weapons were, except to say the suspects did not have guns.

Taken into custody were Daniel J. Gilbert, 25, of Tracy Avenue, Batavia, and Marquis K. Saddler, 26, of West Bergen Road, Le Roy. Both are charged with first-degree burglary and second-degree assault.

Still at large are Oliver Thomas (second photo) and Adante Davis (top photo). The police are seeking the public's assistance in locating Thomas and Davis. Investigators have obtained warrants for their arrests.

When the suspects fled, at least two family members jumped into a vehicle and began to drive. The witness statements are a little unclear about the intention of the family members or they offer contradicting statements about what happened next.

The car struck either a moving vehicle or a vehicle parked in the middle of Central Avenue. 

After the collision, one of the suspects, who may have been talking with somebody in the vehicle, was hit by the family member's car. He was treated and released for injuries sustained in the collision.

Hill also confirmed that Batavia PD is investigating another home invasion crime reported Nov. 3 on Vernon Avenue. Hill said there is no evidence at this time that the two incidents are related. He said that investigation is still pending and he couldn't provide further information.

Police are asking that anyone with information on the whereabouts of Thomas and/or Davis to contact Batavia PD at (585) 345-6350.

Dawn M. Piasta, 61, of East Main Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Piasta was arrested on a sealed indictment. She is accused of selling crack cocaine to an agent of the Local Drug Task Force while in the City of Batavia. She was held on the warrant pending arraignment in Genesee County Court.

Jessica R. Reddy, 24, of McVean Road, Darien, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Reddy is accused of selling hydrocodone to an agent of the Local Drug Task Force while in the Town of Pembroke and in the Town of Alexander. Reddy was held pending arraignment in Genesee County Court.

Michael A. Saeli, 47, of Scribner Road, Pembroke, is charged with criminal possession of marijuana, 3rd, and unlawful growing of cannabis. Saeli is accused of having 87 marijuana plants growing on his property with an aggregate weight of more than eight ounces. He was issued an appearance ticket.

Eric Jon Merritt, 27, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding and operating out of class. Merritt was allegedly exceeding the posted speed limit of 55 mph on Route 5 in Batavia at 2:40 a.m. Sunday while operating a motorcycle on a learner's permit when he was stopped by Deputy Ryan Young.

Dashawn Devan Hazel, 22, of Saint Mary Street, Bronx, is charged with unlawful possession of marijuana. Hazel was arrested on a warrant during a traffic stop.

Treshaun David Perry, 21, of Lewis Place, Batavia, is charged with driving while impaired by drugs and speeding. Perry was stopped on Prole Road, Stafford, at 3:29 p.m. Saturday by Deputy Ryan DeLong.

Robert Michael Markek, 39, of Clapsaddle Road, East Bethany, is charged with grand larceny 4th. Markek allegedly stole items from his employer on East Main Street , Batavia, and sold the items as scrap.

Jacklyn M. Ganzhorn, 29, of Central Avenue, Batavia, is charged with criminal possession of stolen property 5th.  Ganzhorn was located at 17 Centural Avenue during an investigation into reports of items stolen from unlocked vehicles.

Rodney A. Barber, 41, of South Main Street, Batavia, is charged with criminal possession of a weapon 3rd, unlawful imprisonmeant 2nd, tampering with physical evidence, assault 2nd, menacing 2nd. Barber was arrested on a warrant.

Brian J. Dorman, 32, of Oak Orcharged Road, Albion, was arrested for alleged failure to answer a summons, Dorman is accused of failure to appear on a charged of haborboring an unlicensed dog in the city.

Joey A. Evans, 26, of Hutchins Street, Batavia, is charged with criminal possession of stolen preopty 5th. Evans was allegedly found in possession of a metal detector that had been reported stolen.

Roberts M. Freeman, 24, no permanent address, is charged with failure to appear. Freeman allegedly failed to appear on a an appearance ticket.

Benjamin G. Evans, IV, 28, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to appear. Evans was arrested on four separate warrants.

Pamela M. Tiberio, 56, of Jackson Street, Batavia, is charged with dog running at large. Tiberio responded to Batavia PD headquarters and was arrested on multiple complaints of her dog running at large.

Chelsea M. Mutter, 23, of Jackson Street, Batavia, is charged with failure to appear. Mutter was arrested on a warrant.

An unidentified 16-year-old is charged with unlawful possession of marijuana. The tenn was allegedly found in possession of marijuana on the campus of Batavia HS.

Mark Edward Snyder, 54, of School Road, Stafford, is charged with stalking 4th .Snyder alleged displayed odd and threatening behavior toward another person in Stafford over a period of time.

Joey Lee Wells, Jr., 27, of Byron Holley Road, Byron, is charged with unlawful possession of marijuana, failed to stop at stop sign and no turn signal. Wells was stopped at 5:32 a.m., Thursday, on Apple Tree Avenue, Bergen, by Deputy Jermey McClellan.

Jacqueline Bettina Jacobs, 33, of West Main Street Road, Batavia, is charged with DWI, introducing contraband into jail 1st, criminal possession of a controlled substance 7th. Jacobs was charged with DWI and allegedly found in possession of a controlled substance while being booked into jail. Further charges possible pending completion of an investigation.

Timothy Mark Brady, 53, of Jerico Road, Bergen, is charged with resisting arrest. Deputies attempted to arrest Brady on a warrant stemming from charges of criminal possession of a controlled substance, unlawful growing of cannabis and unlawful possession of marijuana. Brady was confronted outside his residence and allegedly attempted to flee on foot and was taken into custody after a short chase. He was jailed on $5,000 bail or $10,000 bond.

Rosemary R. Jackson, 30, of South Swan Street, Batavia, is charged with petit larceny. Jackson is accused of shoplifting from Walmart.

Karl R. Samuelson, 62, of Albion Road, Oakfield, is charged with petit larceny. Samuelson was arrested at 5:27 p.m. on Oct. 27 on Lewiston Road in Batavia after he allegedly stole a bottle of liquour from Mr. Wine & Liquor in Tops Plaza. He was released with an appearance ticket for City Court on Nov. 22. The case was handled by Batavia Police Officer Mitchell Cowen.

A 16-year-old who lives on Liberty Street in Batavia is charged with disorderly conduct for allegedly engaging in a physical altercation with another student at Batavia High School at 3 p.m. on Oct. 28. The defendant was issued an appearance ticket for Nov. 8 in Batavia City Court. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Jamie Givens.

Miracle Angel Patterson, 25, no permanent address, of Rochester, was arrested on a warrant out of Batavia City Court on Oct. 30 after being located in Rochester on an unrelated incident. Patterson is charged with fourth-degree criminal possession of stolen property stemming from an incident on Jan. 26, 2015 on Park Road Road, Batavia. Patterson was arraigned and held in Genesee County Jail without bail. Patterson was due in City Court on Oct. 31. The case was handled by Batavia Police Officer Mitchell Cowen.

Joseph M. Marsceill, 31, of Central Avenue, Batavia, was arrested on Oct. 31 on a bench warrant out of Batavia Town Court. He was advised to appear in Batavia City Court at 1:30 p.m. on Oct. 31 and was subsequently arraigned and put in Genesee County Jail on $350 bail. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Mitchell Cowen.

Richard E. Stafford, 76, of Orange Grove Drive, Batavia, is charged with failure to appear in court regarding an unspecified incident on May 9 on East Main Street, Batavia. Stafford was arrested Oct. 31 on a warrant out of Batavia Town Court after being released from UMMC. He was arraigned in City Court then put in Genesee County Jail on $500 bail. The case was handled by Batavia Police Officer Felicia DeGroot.

Ryan R. Hernandez, 19, of Albion Road, Oakfield, is charged with failure to appear on a bench warrant. During an unrelated investigation, Hernandez was located inside a residence on Walnut Street in the City of Batavia. He was subsequently arrested, posted cash bail, and was released from custody. He is scheduled to be in City Court on Nov. 3. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Jeffrey William Scott, 33, of Market Street, Leicester, is charged with: driving while ability impaired by drugs; operating a  motor vehicle while registration is suspended; operating motor vehicle without insurance; unsafe tires; and failure to keep right. Scott was originally involved in a one-vehicle accident on Fargo Road in the Town of Stafford on June 2. As a result, he was flown by Mercy Flight to Erie County Medical Center. On Oct. 26, he turned himself in at the Genesee County Sheriff's Office and was arrested on the charges. Scott was released on appearance tickets for Stafford Town Court on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Sheriff's Sgt. Jason Saile.

A Level 3 sex offender facing a possible life sentence on his latest charges alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

Pietruszka cited the five felony convictions, including two violent felonies, and five prior violations of terms of probation when ordering Marlek E. Holmes, 42, of Batavia, held without bail.

District Attorney Lawrence Friedman requested a no-bail status because if convicted of the two Class A felonies in the last indictment -- predatory sexual assault and predatory sexual assault against a child -- Holmes could be sent to prison for the rest of his life.

In all, Holmes is charged with 11 counts related to alleged sex crimes between 2010 and 2015, plus there are also charges still pending stemming from two prior incidents where Holmes allegedly failed to register his correct street address as a registered sex offender.

His attorney will have until Dec 16 to file any motions in the case, and a hearing on any motions was scheduled for 9:30 a.m., Jan. 11.

Linda L. Osowski, 49, of Lancaster, is charged with: felony DWI, refusal of prescreening device -- breath test, and consumption of an alcoholic beverage in a motor vehicle. On Oct. 27, the defendant was found in the parking lot of Pembroke Imtermediate School after police officers responded to a complaint about a sick or intoxicated driver at the location. Upon interviewing the operator and having her exit the vehicle to perform field tests, she was subsequently arrested. Osowski was arraigned in Pembroke Town Court and jailed on $5,000 cash or bond. The case was handled by Village of Corfu Police Officer Peter Scanio, assisted by Genesee County Sheriff's Deputy Lonnie Nati.

Via our news partner, 13WHAM. (Note: this is an edit from the broadcast version to replace video we can't use on The Batavian with our own photos.)

A resident in the Village of Bergen caught somebody trying to steal his Trump sign from his front yard this morning.

The South Main Street resident confronted the would-be sign thief and the thief returned the sign, then got in his vehicle and drove off.

The incident was reported to the Sheriff's Office at 9:30 a.,m., according to Chief Deputy Gordon Dibble.

The license plate number provided did not match a valid plate and the suspect was not caught.

Yesterday, the Sheriff's Office received a complaint of political sign thefts in Elba.

UPDATE: A reader reports that he confronted people stealing his Trump sign at his residence on South Lake Street, Bergen. "I ran in front of the car and forced it to stop," he said. He said two women were in the car and he said they had at least one other Trump sign in the car.  "I got my sign back and called the Sheriff, who came out and took info." The women were in a black Jeep. The reader said he's heard of several Trump signs being stolen in the area.

Robert S. Sojda, 52, of West Main Street Road, Batavia, is charged with petit larceny. At 10:52 p.m. on Oct. 25 Batavia Police responded to the Speedway convenience store at 204 W. Main St. for the report of a larceny. While police were on scene, Sojda returned to the store and he was taken into custody. He allegedly stole a Mike's Harder Lemonade by placing the can inside his sweatshirt prior to leaving the Speedway. He was issued an appearance ticket for Nov. 1 in City Court. The case was handled by Batavia Police Officer Erick Perkins.

Dakota O. Irvin, 25, of Ross Street, Batavia, turned himself into Batavia Police headquarters Oct. 24 on a bench warrant after he failed to appear in City Court for a traffic ticket issued Oct. 19 for third-degree aggravated unlicensed operator. He was jailed on $500 bail and was due in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins.

A convicted sexual predator has been arrested and accused of sexual contact with a child.

Marlek E. Holmes, 42, of Batavia, is being held without bail after being arraigned in County Court on an 11-count grand jury indictment.

The assaults allegedly occurred in the City of Batavia and Village of Le Roy from 2010 to 2015.

He is charged with two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

Holmes has previously been arrested locally on charges of failure to register a change of address as a Level 3 sexual offender and of sending indecent texts to a child.