crime

A Batavia resident accused of menacing a police officer with a knife nearly a year ago has until Tuesday to decide if he will withdraw his guilty plea on a weapons charge and take his case to trial.

Bill A. Thomas, 57, first entered a guilty plea to criminal possession of a weapon, 3rd, on July 21. When he was supposed to be sentenced in November, he tried to withdraw his guilty plea and asked for a new attorney.

While Thomas wasn't allowed then to change his plea, he was given time to find a new attorney.

Today, with Michael Mohun, normally the judge in Wyoming County, presiding in County Court for this case and one other, the case took another twist.

After hearing Officer Peter Flanigan read a victim's statement, District Attorney Lawrence Friedman argue for a harsh sentence and Jamie Welch, representing Thomas, advocate for a probationary sentence, Mohun summoned both attorneys to the bench.

There was a short conversation, then Mohun said he and the attorneys would meet in chambers to discuss a procedural issue.

Nearly two hours later, the attorneys, judge, defendant and his family members were all back in court after several private discussions involving all parties.

Mohun announced that when Thomas entered his guilty plea there was a procedural error related to what he admitted to and what was stated in the SCI (Special Court Information, a document used in lieu of a Grand Jury indictment). The procedural error could potentially invalidate the guilty plea, and that is why Thomas now has a chance to reconsider his plea.

Since Welch is new to the case, joining only after Thomas entered his guilty plea in July, Welch said he hasn't reviewed all of the evidence. Also, Thomas would like more time to think through his decision and confer with his family.

In his statement, Flanigan recalled a potentially catastrophic confrontation at 4 a.m., March 16, when he entered the Thomas home on State Street. He said Thomas moved aggressively toward him with a knife, and after Thomas failed to obey his verbal commands to drop the knife, Flanigan said he realized he would have to shoot Thomas to protect himself. As he reached for his pistol, the brother of Thomas entered the hallway in an attempt to leave the house, and he came between Flanigan and Thomas. Flanigan said he no longer had a clear shot at Thomas and the situation defused at that point.

The confrontation -- in which Flanigan said he both knew he might have to kill Thomas and that his own life was in danger, causing thoughts of his family and coworkers to flash through his mind -- left him shaken and he described having times of trouble sleeping and displaying other symptoms of stress, he said. 

Friedman spoke next and said that Thomas was prepared to go to trial until Interim Judge Micheal Pietruszka proposed a plea settlement, which both sides then accepted. Friedman said Thomas was a lucky man -- lucky to be alive, lucky that he wasn't charged with a more serious crime, lucky to get the plea offer he did and given his good fortune, but the serious nature of the crime, he should be given no leniency in sentencing.

Welch noted that his client never had a prior violent felony charge and it had been nearly two decades since his last criminal conviction, a misdemeanor, and it's been since 1996 that he was convicted of a felony, a DWI. Therefore, he said, he deserved a probationary sentence with credit for time served (he's been in jail for 11 months).  

While Flanigan noted that Thomas hasn't admitted to threatening the officer, Welch said when a blood sample was taken from Thomas at 8 a.m., four hours after the alleged confrontation, Thomas had a BAC of .22 and has said he doesn't remember much about that morning and doesn't believe he would have threatened a police officer with a knife.

The defense attorney also noted that even though police had control of the crime scene from the time they arrived until the investigation was completed, there was never a knife found on Thomas or at the scene.

Davon Shaquille St. John, 18, of Oak Street, Batavia, is charged with assault, 2nd. St. John is accused of assaulting somebody while confined at the Genesee County Jail at 8:49 p.m., Monday. He was jailed on $10,000 bail.

Wayne L. Pierce, 75, of Alexander, is charged with forcible touching. Pierce is accused of inappropriately grabbing a female employee at the Ben Go's gas station in Attica.

Bishop Williams, 23, of Genesee Street, Le Roy, is charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 4th. Williams is accused of selling Suboxone in May while in the Village of Wyoming. He was arrested by Wyoming County Drug Task Force following an investigation. He was jailed on $15,000 bail.

Odanis Betances, 21, of Morris Avenue, Bronx, is charged with petit larceny. Betances is accused of stealing $125.99 in merchandise from Kmart.

Brian James Lipinski, 33, of Richley Road, Darien, is charged with criminal possession of a forged instrument. Lipinski allegedly used a counterfeit bill to pay for food delivered to his residence.

Jarvis Davon Seymore, 33, of Michigan Street, Rochester, is charged with unlawful possession of marijuana, unlicensed driving, aggravated unlicensed driving, and speeding. Seymore was stopped at 1:51 p.m., Monday, on Clinton Street Road, Stafford, by Deputy Chad Cummings.

Amelia R. Witkowski is indicted on the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29, 2016, that Witkowski knowingly entered or remained unlawfully in a dwelling on Main Road in the Town of Pembroke with the intent to commit a crime. In count two, she is accused of the crime of making a punishable false written statement, a Class A misdemeanor. In count two, it is alleged that Witkowski knowingly made a false statement on Jan. 30, 2016, in the Town of Pembroke, which she did not believe to be true, in a legally authorized written instrument, which noted that false statements made therein are punishable.

Scott T. McCoy is indicted on the crime of criminal possession of marijuana in the second degree, a Class D felony. It is alleged that on July 27 in the Town of Pembroke that McCoy knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing marijuana and these were of an aggregate weight of more than 16 ounces (1 pound).

A teen from Le Roy has been charged with multiple counts of rape in the first degree following a joint investigation between Attica PD and the Genesee County Sheriff's Office.

The investigation began with a single complaint when a student revealed information about an alleged sexual encounter to a school official in Attica.

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

Leonard E. Hahn IV, was subsequently arrested by Attica PD.

Assisting in the investigation were investigators Tim Wescott and John Dehm of the Genesee County Sheriff's Office.

The victims are all under age 11.

The Justice for Children Advocacy Center in Batavia assisted in the investigation.

Hahn was jailed on $100,000 bail or $200,000 bond. He is being held in Genesee County pending further proceedings in Genesee County and Wyoming County.

Anyone with additional information is asked to contact his or her local law enforcement agency.

Two brothers from Rochester involved in the beating of a patron of the Playmates strip club in Byron were scheduled for sentencing in County Court today, but after the attorney for one objected to new evidence brought to the hearing, that sentencing was delayed.

In the first case, Jonathon Lamagna, 19, who previously entered a guilty plea on second-degree assault and second-degree coercion, was sentenced to five years in prison and three years parole.

Scott Lamagna will be back in court Feb. 17 after defense attorney Thomas Burns said he felt "ambushed" by the presentation of recordings of phone calls in jail between Scott Lamagna and family members that Assistant District Attorney Kevin Finnell said showed that Scott Lamagna showed no remorse for his actions, that he was more interested in minimizing his jail time.

The brothers were arrested after a patron suffered serious injuries when they attacked him in the parking lot of Playmates.

Finnell provided a written deposition from the owner of Playmates who said she tried to assist the bloodied and beaten victim by dragging him back into the club and the brothers then continued their assault, kicking him as she tried to pull him away from them.

According to the statement, Scott Lamagna grabbed the victim from by the shirt and punched him repeatedly in the face as the owner tried to pull him onto the establishment's porch. She said she screamed, "Stop, stop, you're going to kill him."

Then Jonathon kicked the victim in the head and ribs, she said.

The victim was described by Finnell as a liver transplant recipient and short in stature and slight in build.  

Before sentencing, Jonathon read a statement, saying, "I feel drugs and alcohol played a part in my actions. I accept full responsibility for what I did."

Via our news partner, WBTA.

Press release:

The City of Batavia Police Department has received multiple complaints where small denomination counterfeit bills have been passed at local businesses. The Batavia Police Department is reminding everyone to check their money carefully. If you feel that you may be victim to receiving counterfeit bills, please report it to the Police Department.

A few simple items to check for on U.S. Currency that are hard to recreate on counterfeit bills:

• Color-shifting ink -- the bill denomination on the bottom right-hand corner has color-shifting ink;
• Raised printing -- to detect raised printing, take your fingernail and run it carefully down the collar/jacket. You should feel some vibration on your nail from the ridges.
• Blurry borders/printing/text -- significantly blurry borders, printing, or text, it is an automatic red flag.
• Red & Blue threads -- If you take a close look at an authentic bill, you will see that there are small red and blue threads woven in and out within the fabric of the bill.
• Watermark -- In many of the new bills, the watermark is actually a replica of the face on the bill.

Gari Lyn Fields, 33, of Lehigh Street, Rochester, is charged with failure to dim headlights and aggravated unlicensed operation, 2nd. Fields was stopped at 2:21 a.m., Feb. 8, by Deputy Jeremy McClellan on Morganville Road, Stafford, and arrested on a warrant out of Town of Stafford Court from Sept. 4, 2007. Fields was held on $250 bail or $2,500 bond.

Eileen L. Biaselli, 58, of Ellicott Street, Batavia, was arrested on a warrant from 2005. The warrant was discovered by Batavia PD officers during an investigation of an unrelated domestic dispute. Biaselli was jailed without bail.

Taylor Maya Miley, 20, of Heidt Avenue, Middletown, is charged with harassment. Miley allegedly threatened another person at Genesee Community College at 2:30 p.m., Feb. 8. 

Chevon Mae Duryea, 25, of Watercure Road, Nunda, is charged with petit larceny and possession of a hypodermic instrument. Duryea is accused of shoplifting from Kohl's Department Store. During the investigation he was allegedly found in possession of a needle. Also arrested and charged with petit larceny was Carl Abraham Goossens, 32, of Coverdale Road, Leicester.

Christine Ann Gelardo, 64, of Fargo Road, Stafford, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in original container. Gelardo was arrested following the completion of an investigation stemming from an incident reported Sept. 27 on Fargo Road in Stafford. Also arrested and charged with possession of a hypodermic instrument was Daniel Leonard Pelton, 59, of Fargo Road, Stafford.

Katrina L. Drake, 26, of Locust Street, Lockport, is charged with disorderly conduct and aggravated unlicensed operation. Drake was arrested by Officer Peter Flanagan following a complaint of a fight in the roadway at 1:07 a.m. Sunday on Summit Street, Batavia.

Robert S. Sodja, 52, of Lake Street, Batavia, was arrested on a warrant out of City Court and jailed on $1,000 bail.

Jessie J. Sayyeau, 23, of Iroquois Street, Rochester, was arrested on a warrant out of City Court for alleged failure to appear and jailed on $1,000 bail.

Joseph M. Marsceill Jr., 31, of Pringle Avenue, Batavia, was arrested on a warrant by Batavia PD after being located by probation officers in a home of one of their probationers. He was released under supervision of Genesee Justice.

Thomas L. Gibson, 29, of Watson Street, Batavia, has been arrested on suspicion of drug dealing and jailed on $20,000 bail or $40,000 bond.

Gibson was arrested on a warrant. The arrest stemmed from an investigation by the Local Drug Task Force into the alleged sales of crack cocaine in the City of Batavia.

He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts criminal possession of a controlled substance, 3rd.

A 17-year-old resident of Le Roy has been accused of sexual intercourse with a person less than 11 years old and charged with rape in the first degree.

Leonard Edward Hahn, of South Street, was arrested by the Sheriff's Office and jailed on $25,000 cash bail or $25,000 bond. 

The alleged crime reportedly occurred on April 15, 2016 at a location in Alabama.

A Level 3 sex offender facing a possible life sentence on his latest charges of 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.

Marlek Holmes is facing the possibility of four different jury trials on Grand Jury indictments containing 30 counts of various sex offenses, District Attorney Lawrence Friedman said in County Court today.

There are six Grand Jury indictments, with two being incorporated into other indictments to create the possibility of four different trials on each set of charges.

"I haven't even thought about that yet," Friedman said when County Court Judge Charles Zambito asked him which case he will go forward with first if the 42-year-old Holmes doesn't accept a plea offer.

Friedman also revealed he hasn't even decided yet on what offer he might hand over to the attorney for Holmes, Gerard Roux.

A plea offer will be put into writing in the next few days, Friedman said, but Roux is about to leave on out-of-town travel so Holmes won't be back in court until 1:30 p.m., March 1.

At that time, Holmes will either be able to accept the plea offer or the first case will be set for trial.

If Holmes goes to trial and he is convicted, the registered sex offender is facing a potential sentence of life in prison.

The counts against Holmes include 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.

Also in court today, also represented by Roux, was Marquis Saddler. The 26-year-old Saddler is facing felony burglary and assault charges for his alleged role in a home invasion attack in October on residents on Central Avenue, Batavia. Saddler's case was also continued until March 1 with the expectation that Friedman will have a plea offer ready before then for the consideration of Saddler and his attorney.

State Police are looking for this man to question regarding a larceny at Crocker's Ace Hardware on Route 19 in Le Roy.

The theft occurred sometime around 5:45 p.m., Thursday.

The subject was driving a dark-colored Jeep Cherokee/Dodge Durango type of vehicle and wearing a Bass Pro baseball hat.

Those with information to assist in the case can call Trooper Mark Catanzaro at the State Police Barracks in Batavia, (585) 343-2200

Matthew Derrick will be released from jail today, likely to receive credit for time served, and not have to return if he can stay out of trouble.

At a lengthy hearing today, Derrick, whose case was delayed Dec. 7 so he could be evaluated for the mental competency to understand court proceedings, entered a guilty plea to attempted criminal possession of a weapon, 3rd.

As part of the plea deal, Derrick is eligible for what's called a shock probation sentence, which means no more than six months in jail and five years probation, instead of the 1-4 year prison term Derrick would face if he took the case to trial.

The charge stems from an incident in October when Derrick threatened people with a corkscrew, and made statements about cutting them open and killing them.

One witness, according to District Attorney Lawrence Friedman, said Derrick had a knife, and while a corkscrew was recovered from the scene, no knife was found at the time of Derrick's arrest.

Derrick entered his plea under terms known as an Alford plea. In other words, Derrick did not admit to the facts of the case, just that the evidence was sufficient that he faced a high probability of being found guilty by a jury.

The likely sentence for Derrick, Judge Charles Zambito indicated, is four months, if Derrick stays out of trouble while under supervision of Genesee Justice; however, since Derrick has already been in jail for just two days shy of four months, Friedman agreed to modify to plea deal to subtract those two days from the sentence.

When Derrick last appeared in court, he seemed not to understand the court proceedings and Lisa Kroemer, with the public defender's office, explained the proceedings to him.  Then interim Judge Micheal Pietruszka expressed concern about Derrick's ability to understand his instructions. He ordered Derrick to undergo a mental competency evaluation.

Two doctors examined Derrick and both found him mentally competent enough to understand the proceedings. Zambito accepted the report after both Friedman and Kroemer waived a hearing on the topic.

In court today, Derrick answered most of Zambito's questions promptly, with a clear, "Yes, your honor." He expressed confusion about a couple of points but quickly said he understood once the issues were rephrased. Zambito was very careful throughout the proceeding to ensure Derrick understood exactly what he was agreeing to and what rights, such as the right to appeal, he was waiving.

There was discussion about how to handle three orders of protection. One or more of the people covered by the orders live in the same apartment building as Derrick and his wife. Derrick will live with his grandmother in Le Roy until suitable language for the orders is worked out.

Nicholas Sylvester Dinitto, 27, of Oak Orchard Street, Albion, is charged with petit larceny and possession of a hypodermic instrument. Dinitto is accused of shoplifting at Target. During the investigation by Deputy Andrew Hale, he was allegedly found in possession of a needle.

Jennifer Lyn Stack, 30, of South Main Street, Batavia, is charged with attempted criminal contempt, 2nd. Stack was arrested on a warrant out of Town of Batavia Court and jailed on $1,000 bail.

Jadon Lee Peoples, 20, of Main Street, Oakfield, is charged with unlawful possession of marijuana. Peoples was charged following a traffic stop for allegedly speeding at 8:06 p.m. Sunday on North Main Street, Oakfield, by Deputy Jeremy McClellan.

Felicia Renee Sherrell, 36, of Bloomingdale Road, Akron, is charged with DWI and driving with a BAC of .08 or greater. Sherrell was charged following a call to check on the welfare of a motorist stopped at the side of the road at 8:40 p.m. Saturday on Route 77, Alabama, by Deputy Richard Schildwaster.

Nicole Marie Capretto, 33, of Lewiston Road, Batavia, is charged with petit larceny. Capretto was arrested on a warrant out of City Court.

A 16-year-old of Lewiston Road, Batavia, is charged with criminal contempt, 2nd. The youth allegedly violated an order of protection.

Ralph Guy Chase Jr., 73, of Highland Drive, Dundee, is charged with possession of untaxed cigarettes. Chase was stopped for an alleged traffic violation at 8:59 p.m. Friday on Route 77, Alabama, by Deputy Richard Schildwaster and allegedly found in possession of 8,800 untaxed cigarettes.

In Elba on Friday afternoon, an unknown person approached a local homeowner and asked her questions about her mortgage and then handed her a manila envelope with a phone number on it advising her to call the number.

The man said he was a representative of Bank of America.

The woman called Sheriff's dispatch and investigators contacted Bank of America and searched for a listing for the 1-800 number on the envelope.

Based on their finding, investigators concluded the man was apparently running some sort of scam and the Sheriff's Office is warning other residents to be on the lookout for similar scam attempts.

The man was driving a silver minivan. The man had been parked across the street from the Elba residence and when the homeowner attempted to leave, the van pulled into her driveway.

He is described as a white male, average height, thin build, wearing glasses and a baseball cap.

Once she confirmed she was the homeowner, the man informed her he was from the Bank of America and said her mortgage was in default.

The number on the envelope was 1-800-669-0102.

Anyone with additional information or experience this type of activity, call the dispatch center at 9-1-1 or (585) 343-5000.

Thomas A. Carson, 40, of Wood Street, Batavia, is charged with first-degree coercion, fourth-degree criminal mischief, and criminal obstruction of breathing. Carson was arrested on Feb. 2 following a domestic incident at 4:59 a.m. on Wood Street. He was put in jail on $10,000 bail and is due in City Court on Feb. 6. The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Eric Bolles.

Morgan L. Cox Sr., 48, of Dellinger Avenue, Batavia, is charged with third-degree menacing and criminal obstruction of breathing or blood circulation. Cox was arrested on Feb. 1 following an investigation into a domestic incident which occurred at 9:20 p.m. on Jan. 30 on Dellinger Avenue. Cox was put in jail in lieu of bail and was due in City Court on Feb. 2. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Nicole Salamone.

Shuvon J. Williams, 41, and Daniel M. Carter (no age provided), both of Hutchins Street, Batavia, are charged with second-degree harassment. They were arrested on Batavia City Court warrants issued on Dec. 30 in regard to an unspecified incident at 4 p.m. on Dec. 2 on Hutchins Street. They were both issued appearance tickets for Feb. 7 in Batavia City Court, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Melissa M. LeSage, 37, of 31 Gilbert St. in Le Roy, was charged with DWI in the early morning hours of Sunday, Jan. 29, by the Le Roy Police Department. She was stopped at about 11:42 p.m. for allegedly speeding on East Main Street in the village. LeSage was found to be allegedly intoxicated. LeSage was also charged with DWI-BAC .08 percent or more, speed in zone, unlicensed operation, and aggravated unlicensed operation in the second degree. LeSage was issued appearance tickets and is to appear in the Town of Le Roy Court on Feb. 27.

Robin Dart, 44, of Carroll Lane, Commerce, Mich., is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, and driving without headlights. At 1:27 a.m. on Feb. 2, on Park Road in Batavia, Dart was arrested for DWI following a traffic stop for vehicle and traffic law violation. Dart was issued an appearance ticket for March 6 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Howard Carlson.

Nikayla Cheyenne Jackson, 19, of Slusser Road, Batavia, is charged with criminal possession of stolen property in the fourth degree. The defendant was arrested for allegedly taking and subsequently using her mother's credit card information to make unauthorized purchases at 9:40 p.m. on Jan. 15 on East Main Street in Batavia. Jackson is due in City Court on Feb. 21. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Deputy Ryan DeLong.

Brian J. Hawkins, 37, of Pries Avenue, Buffalo, is charged with prohibited sale of alcoholic beverage. Hawkins was arrested for allegedly serving alcohol to a person under 21 at midnight on Jan. 31 on Oak Street in Batavia. He was issued an appearance ticket for Feb. 7 in City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Darryle Streeter.

Jaylyn S. Strong, 21, of Holland Avenue, Batavia, is charged with failure to appear after an appearance ticket was issued. Strong turned himself in on an outstanding City Court warrant after initially failing to appear for a scheduled court date. Strong posted bail and was released on an appearance ticket for Jan. 31 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice.

Ian C. Lawlis, 36, of Central Avenue, Batavia, was arrested on Feb. 2 on an outstanding Batavia City Court bench warrant. It was for an unspecified incident which occurred at 12:52 p.m. on Sept. 24 on West Main Street, Batavia. He was processed at BPD headquarters and released on an appearance ticket for Feb. 7 in City Court. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Jason Ivison.

Press release:

The Village of Le Roy Police Department is attempting to identify an individual who is a person of interest in a larceny that occurred on Jan. 31 at approximately 3:15 p.m. at the Walgreens on West Main Street. The subject was observed leaving in a dark four-door sedan.

Anyone with information is urged to call The Village of Le Roy Police Department at 585-345-6350; please reference CR# 17-0426.

Shawn M. Twardowski, 34, of Bank Street, Batavia, is charged with: animal cruelty; second-degree harassment; third-degree robbery; fourth-degree criminal mischief; obstruction of governmental administration; and resisting arrest. Twardowski was reportedly involved in an incident at his residence on Bank Street at 12:15 a.m., Thursday. He allegedly strangled and punched a beagle, subjected a female at the location to physical contact, stealing and attempting to disable her mobile phone and then, upon police arrival, barricaded himself in a bedroom. When police gained access, he allegedly struggled with officers. He was jailed on $50,000 bail.

Salvatore M. Schwable, 19, of Webber Avenue, Oakfield, was arrested on a warrant. Schwable allegedly violated the terms of his release-under-supervision contract. He was jailed on $2,500 bail.

Ronald J. Murray Jr., 22, of Wood Street, Batavia, is charged with harassment, 2nd. Murray allegedly pushed another person during an argument, reported at 8:30 p.m., Thursday.

Alan P. Ellis, 36, of Lewis Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, endangering the welfare of a child and cruelty to animals. During an argument reported at 5:15 a.m., Sunday, Ellis grabbed victims by their throats, with one being under age 17, and he allegedly threw and kicked a dog, causing it to limp.  

Charles J. Rodriguez Sr., 40, of North Spruce Street, Batavia, is charged with petit larceny. Rodriguez was arrested on a warrant out of Batavia City Court at Buffalo City Court when he appeared there on an unrelated matter. He was jailed on $1,000 bail or $2,000 bond.

Michael J. Antonucci, 34, of Alexander Road, Attica, is charged criminal contempt, 2nd. Antonucci was arrested on a warrant for allegedly violating an order of protection.

Jeanna M. Hattaway, 29, of West Main Street Road, Batavia, is charged with petit larceny. Hattaway allegedly stole two pairs of sunglasses from the 7-Eleven at 505 E. Main St., Batavia.

Diane M. Fiorentino, 67, of Grandview Terrace, Batavia, is charged with harassment, 2nd. Fiorentino was arrested Nov. 13 following the report of an incident at 5:30 p.m. that day at her residence. No further details released.

Nikayla C. Jackson, 19, no permanent address, Batavia, was arrested on a warrant for alleged failure to appear on a disorderly conduct charge.

Willie A. Saab, 42, of West Main Street, Batavia, is charged with two counts of first-degree criminal contempt and two counts of aggravated family offense. Saab allegedly violated a pair of stay-away orders. He was jailed without bail.

Grayson Jordan Albert Finnin, 20, of Seven Springs Road, Batavia, is charged with harassment, 2nd, obstructing emergency medical services, and unlawful possession of alcohol by a person under age 21. Finnin was allegedly involved at a disturbance at a local hotel at 12:12 a.m., Tuesday. He was transported to UMMC and allegedly became combative with medical staff and police officers.

Gerardo Carrera-Sanchez, 31, Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle, unlicensed operator and moving from lane unsafely. Carrera-Sanchez was arrested by Deputy Howard Wilson following the investigation into a motor-vehicle accident reported at 7:30 a.m. Jan. 22 on Shelt Road, Byron.

Timothy Michael Weinstein, 44, of Alleghany Road, Darien, is charged with criminal contempt, 2nd, and unlawful possession of marijuana. Weinstein allegedly violated the terms of an order of protection.

Yahaira Ann Marie Brown Diaz, 18, of Old Telephone Road, Bethany, is charged with unlawful possession of marijuana. Diaz was allegedly found in possession of marijuana while at a location on West Main Street Road, Batavia, at 7:04 p.m., Sunday.

A 18-year-old Oak Street resident has been arrested and accused of posting explicit pictures of a person under 17 years of age to social media.

Davon S. St. John, of 72 Oak St., Batavia, is charged with promoting an obscene sexual performance by a child, promoting sexual performance of a child, endangering the welfare of a child and two counts of sexual misconduct.

Police allege that St. John posted the pictures on one of his social media accounts and then promoted them on another social media account.

He was arraigned in City Court and ordered held without bail.

Nicholas Benjamin Wall, 26, of Dodgeson Road, Alexander, is charged with DWI, driving with a BAC of .18 or greater and being stopped/standing or parked on a highway. At 12:09 a.m., Deputy Ryan Young and Deputy Jeremy McClellan were dispatched to 1954 Broadway, Darien, for a report of a driver slumped over the steering wheel. Deputies report finding the defendant sleeping in the vehicle with the vehicle in reverse. 

Tony Robert Hoag, 49, of Shacktown Mountain Road, New Berlin, is charged with unlawful possession of untaxed cigarettes, criminal tax fraud and obstructed plate. Hoag was allegedly found in possession of 14,400 untaxed cigarettes during a traffic stop for alleged violations at 11:25 a.m. Friday by Deputy Travis DeMuth.

Carl M. Vander, 22, of Spring Street, Bergen, is charged with third-degree burglary, fourth-degree criminal mischief, and petit larceny. He was arrested on Jan. 24 in the Town of Covington following a burglary complaint at Empire Livestock on Route 19. The initial complaint was of a suspicious male in the area at 10:09 p.m. on Wyoming Road near Route 19. Deputies responded and checked the area and found footprints around the Empire Livestock building leading to the back door. The company was contacted, and a follow-up investigation the next morning determined the business had in fact been burglarized and damage had been caused to the interior of the business. Then on Jan. 25 at 3:23 p.m., Wyoming County deputies located a suspicious male walking on Route 19 at Mungers Mill Road in the Town of Warsaw. Upon approaching the male, he was observed wearing a baseball cap with "Empire Livestock Marketing" embroidered on it. A subsequent investigation allegedly determined the male, identified as Vander, had burglarized Empire Livestock the night before. Vander allegedly damaged the business inside and stole a baseball cap from inside a dump truck parked in a garage on the property. He was put in Wyoming County Jail and bail was set at $5,000 cash. He is due in Town of Covington Court on Feb. 27. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan, Deputy Renee Ficarella and Investigator Aaron Anderson.

Meghan Kathleen Gould, 33, of Hutchins Street, Batavia, is charged with fourth-degree grand larceny. Gould was arrested following an investigation into employee theft at the Batavia Target store. It is alleged that over the course of time she stole $1,130 in revenue from Target while employed there. The incident report is dated 1:59 p.m. on Oct. 4. Gould is due in Town of Batavia Court on Feb. 9. The case was handled by Genesee County Sheriff's Deputy Joseph Graff.

Steven R. Colombo, 30, of Ellicott Street, Batavia, is charged with: criminal contempt in the first degree with a prior conviction; strangulation in the second degree; and criminal contempt in the first degree with physical contact. Colombo was arrested at 3:12 a.m. on Jan. 25 on East Main Street in Batavia following a domestic incident wherein he is accused of punching the victim in the mouth and choking her to the point where she nearly lost consciousness. There is an order of protection in effect ordering Colombo to stay away from the victim and he has previously been convicted -- within the last five years -- of violating that order of protection. The case was handled by Batavia Police Officer Jason Ivison and Officer Darryle Streeter.

Ryan R. Hernandez, 20, of Albion Road, Oakfield, is charged with first-degree coercion, second-degree aggravated harassment, and criminal possession of a weapon. Hernandez was arrested at 11:55 a.m. on Jan. 24 on Walnut Street in Batavia following a domestic incident wherein he allegedly threatened a former significant other via text message. At the time of his arrest, metal knuckles were allegedly located inside his vehicle. He was put in jail in lieu of $10,000 cash or bond and was due in City Court this morning. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Jason Davis.

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with petit larceny and attempted petit larceny. Beardsley was arrested at 11:15 a.m. on Ellicott Street in Batavia. Patrols were attempting to arrest Beardsley for allegedly attempting to steal property from a local business. Shortly after this complaint, patrols located Beardsley after he allegedly stole property from a second business. He was arrested and jailed in lieu of $5,000 cash bail or $10,000 bond. He was due in City Court this morning. The case was handled by Batavia Police Office Jason Davis, assisted by Officer Jamie Givens.

Adam Jacob Warren, 30, of Manhatten Avenue, Batavia, is charged with criminal contempt in the second degree. Warren was arrested at 4 p.m. on Jan. 24 on West Main Street Road, Batavia, following an investigation that allegedly revealed he was in violation of an order of protection. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

A 16-year-old who lives on Farnsworth Avenue in Oakfield is charged with second-degree criminal contempt. The teen was arrested at 7:52 a.m. on Jan. 24 on Judge Road in Oakfield after allegedly contacting a protected party in violation of a Genesee County Family Court order. The defendant is due in Town of Oakfield Court on Feb. 6. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Dpeuty John Dehm.

Jennifer Lynne Greck, 47, of Seven Springs Road, Batavia, is charged with trespass. She was arrested at 1 p.m. on Jan. 18 on West Main Street Road after she was allegedly found trespassing on Mark Trail Motel property after being told she wasn't welcome there. She is due in Town of Batavia Court this afternoon to answer the charge. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Andrew Hale.

Zoe Anne McClure, 47, of Bank Street, Batavia, is charged with petit larceny. Following the investigation of a larceny complaint, McClure was arrested at 7:30 p.m. on Jan. 25 for petit larceny for allegedly shoplifting from a department store on Veterans Memorial Drive in the Town of Batavia. She is due in Town of Batavia Court on Feb. 13. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl.