crime

A 43-year-old former correction officer at the Albion Correctional Facility was sentenced this afternoon to six months in Genesee County Jail and 10 years probation after pleading guilty last month to one count of first-degree sexual abuse for a sexual act involving a woman incapable of giving consent.

It is a Class D felony.

Adam H. Brokaw, (inset photo) of Northern Boulevard, Batavia, will also have to register for permanent listing on the Sex Offender Registry, although his (threat) level (for reoffending) won't be determined until midsummer.

The case stems from a party at his house with a theme of "high school reunion" on Friday night, Nov. 10, 2017.

Brokaw and his wife, Ellen, invited several friends, including the victim, who said in court she had been friends with Ellen for about five years and felt safe and comfortable around the Brokaws. When she arrived, she headed downstairs where everyone was at the bar, including some members of law enforcement.

She joined with others in "doing shots." Over the course of the evening, she told police, she drank "an entire bottle" of Goldschläger -- Swiss cinnamon schnapps -- a liqueur that is 87 proof. She got sick and vomited outside over the porch railing. Adam Brokaw, according to court testimony, knew this and knew how incapacitated she was. The victim's children had to be brought over to the Brokaws because their mother was not able at that point to care for them at home.

Later the victim passed out on the couch, unconscious. Before that happened, she was unable to sit up unassisted and she could not keep her eyes open.

Her pants had been unbuttoned by Ellen and Adam "to make her more comfortable" as she slept on the couch, according to statements in the presentencing report.

But her rear end was hanging out and she felt the cold couch, the victim said in court today, as she came in and out of consciousness.

Ellen had gone to bed and Adam, who was himself intoxicated, stayed up to pick up the post-party mess.

At some point in the early morning hours Saturday, she recalls her left leg being swung over the couch and her foot planted on the floor. The victim said she felt a man fondling her breasts and penetrating her vagina with his fingers, then attempting to penetrate her with his penis. She heard the click of a camera and saw a flash. She still hears the heavy breathing.

When she came to, she found her underwear twisted all around. She felt she had been sexually assaulted and woke up Ellen.

"I had to keep your filth on me until I could get to the hospital," the victim said during her victim impact statement before sentencing.

"I sometimes think what if my children had woken up and seen you raping me?"

Ellen Brokaw drove the victim to the hospital.

"There are 20 steps in a rape kit," the victim said ruefully. "Twenty steps."

They poked and prodded and swabbed inside and outside every orafice of her body, gave her tests for sexually transmitted diseases, drew her blood, and bagged her underwear and other clothes for evidence. They scraped under her nails and took a hair sample. They gave her a "Plan B" pill (morning after emergency contraception pill) that made her experience severe uterine cramps.

"I'm still in shock. I am disgusted. You are disgusting," she hissed, adding that once she got home "I couldn't make the shower hot enough or long enough. And afterward, I still felt your filth on me."

"You're a piece-of-shit scumbag who took advantage of me," the victim said, although he took "an oath to protect and serve."

In the aftermath, her life has become a regime of pysch meds for depression and anxiety; a sexless marriage -- for now -- because she has flashbacks and trust issues; the loss of a once-close circle of friends; the loss of her old self, her confidence and sense of self worth; all the anger, the aloneness.

"This stops today," the victim said, vowing to regain her strength and independence.

Before returning to the gallery, she thanked Batavia Police Detective Thad Mart, her therapist, UMMC staff and family members for helping her. She was supported in Genesee County Court by at least 15 people.

Brokaw, who is at least 6'5" and solidly built, with shorn hair, sat at the table and stared frozenly ahead when the victim held forth from the podium. He wore tan pants, black athletic shoes, and a pale persimmon-colored T-shirt. His wife, parents, and one other supporter sat behind him in the gallery.

Next First Assistant District Attorney Melissa Cianfrini was incredulous that the PSI examiner talks in the report about "the defendant's pain."

She accused Brokaw of attempting to minimize his role in the sexual assault -- by denying he attempted to penetrate her with his penis or that he fondled her breasts, of lying, of portraying himself as a victim, one who has been villified and has become a pariah.

In fact, it was only after DNA tests came back on April 26, 2018 that he admitted to his family that "something happened," Cianfrini said, underscoring her point that by no means did he own up to anything straightaway.

"She was raped and he perpetually lied about it for an extended period of time," Cianfrini said.

At this point, the defense attorney, Matthew Lembke, stood and said it was "improper" for Cianfrini to speak as she was, and that it amounted to her asking that Brokaw be punished for exercising his rights as an American citizen and for adhering to his counsel's advice.

He asked Judge Charles Zambito to strike the First ADA's comments from the record. Zambito declined and said he had no intention of punishing anyone for exercising their rights.

Brokaw shifted in his chair and cupped his chin with one hand and grasped his elbow with the other.

Cianfrini mentioned the glowing letters included in Brokaw's file that speak of his integrity and honor, and reminded the court that this same person ejaculated on the victim: There were seven different areas of the victim's underwear and three areas of her body that tested positive for Brokaw's semen.

A letter said Adam Brokaw is the kind of man who would get up at 2 a.m. to feed a stray kitten. Cianfrini said, and yet, the same man took advantage of "a helpless victim who couldn't get away" in the wee hours that November morning.

"He knows what prison will be like for him," Cianfrini said. "We should send a message that his conduct is reprehensible."

She asked for six months of jail and 10 years probation for Brokaw.

Lembke tried for the better part of an hour to sway the judge against any incarceration, saying his client is a veteran, with a fine record of service in law enforcement. He added that Brokaw's highly unlikely to ever do such a thing again; his chance of recividism is nill.

Lembke also disputed the prosecutor's contention that he acted as he did because "he thought he could get away with it" and said his client knows he should never have behaved as he did. Lembke said Brokaw has never pretended that he did nothing wrong.

"He never blamed anybody or suggested she made things up," Lembke said.

Then he went on about the philosophical struggle of humankind -- wrestling with the eternal questions such as why bad things happen and why good people endure famine, the loss of a child, sexual assaults and unspeakable acts of cruelty. He concluded by saying the answers are never simple because people are complicated.

Brokaw's actions were an aberration, an opportunity seized in the moment, fueled by alcohol.

"There's no denying what happened here is inexcusable," Lembke said. "(The victim's) feelings are right and there's just no excusing it."

Still, Lembke maintained nothing would be served by jail time, only retribution.

His client struggles with his own depression and anxiety since the high-school-reunion-party-gone-wrong, "self-inflicted or not."

"He regrets every minute of it," Lembke said. "He says 'I can't say how sorry I am. I will regret it for the rest of my life.' "

Lembke reminded the court to remember Scripture and to "love the sinner, but hate the sin."

He sought a sentence of probation only.

Zambito said maybe retribution shouldn't be part of a sentence but it's part of life. The community has to have faith in the judicial system. The court is obliged to fashion a sentence that bolsters that faith, and provides justice to all parties to the best of its ability.

"Otherwise the people would resort to self help," Zambito said.

The judge acknowleged Brokaw's military service, his former career in law enforcement, and his family. He said the letters sent to him pleading for lenience and mercy are "not his job."

This case was difficult.

"Alcohol was a factor," Zambito said. "But you allowed this to proceed. Someone came to your house and she trusted you and felt safe. She had to endure a violation, physically, personally, emotionally.

"I don't think you're a monster, but you committed a monstrous act. But you did this and people need to have confidence that there are consequences."

Zambito said he could have sentenced Brokaw to up to seven years in state prison.

Brokaw was led away to jail immediately after signing paperwork. The judge also granted the prosecution's request for two stay away orders of protection for the victim and her husband, which will remain in effect until April 26, 2029.

In the fall, when school begins, the orders can be modified to allow incidental contact at school-sanctioned activities and sports since the couples' children attend the same school and are on at least one sports team together.

Fees totaling more than $1,900 must also be paid by Brokaw, including: $489.69 for restitution; $1,000 to a victims' fund; $300 felony surcharge; $50 DNA fee; $25 for SORA; etc.

"Nobody wins in this situation," the victim said.

Kevin M. Waleski Jr., 31, of South Main Street, Batavia, is charged with second-degree harassment for allegedly threatening physical violence toward a person living on South Main Street, Batavia, at 12:47 p.m. on April 14. He is also charged with third-degree criminal trespass for allegedly trespassing and remaining on the same South Main Street property at 2:40 p.m. on April 23 after being told to leave. He was arraigned in Batavia City Court on April 23 and jailed in lieu of unspecified bail. He was due to return to city court on April 24. The case was handled by Batavia Police Officer Stephen Cronmiller.

Lawrence W. Worsley, 39, of Ridge Road, Albion, is charged with two counts of second-degree criminal contempt. Worsley was arrested April 24 after an investigation of a complaint that he contacted the protected party of a stay away order of protection on Vine Street in Batavia on March 12 and again on March 18. He was jailed in lieu of unspecified bail and was due in Batavia City Court today (April 25). The case was handled by Batavia Police Officer Stephen Cronmiller.

From the NYS Police:

On April 25 at approximately 12:50 a.m. troopers from SP Batavia (Troop A) responded to a reported robbery at the 7-Eleven located at 25 Main St. in the Village of Oakfield.

The suspect is pictured in the image above. If anyone has any information about this incident, please call SP Batavia at 585-344-6200.

    Michael Piasta

A pair of jeans with a hole, a pair of shoes, and a jacket that were all consistent with images of a robber in a surveillance video were key to getting felony convictions in a jury trial for Michael J. Piasta, according to District Attorney Lawrence Friedman.

"This is a case where we definitely needed that surveillance video to provide the corroboration that we needed," Friedman said.

Piasta took $10,000 from the Arby's, 212 W. Main St., Batavia, on March 25, 2018. 

The jury took two hours to decide Piasta was guilty of robbery, 2nd, grand larceny, 3rd, and criminal possession of a weapon.

Friedman said Piasta carried an imitation handgun and wore a mask when he robbed Arby's.

Photo from Arby's surveillance that helped lead to the arrest and conviction of Michael Piasta.

On April 13, 2018, Piasta, who had already been identified as a suspect, was located in a pickup truck with three other individuals stopped by a Batavia police officer on West Main Street. Friedman said the pants he wore that day had a hole in one leg consistent with a hole in the leg shown in the surveillance video.

He also wore shoes Friedman said he thought were unique and consistent with the shows shown in the Arby's video.

The jacket Piasta wore during the robbery was located at his mother's house following his arrest. His mother said the jacket was hers but she had loaned it to her son a few days before the robbery and it was returned shortly after the robbery, according to Friedman.

"We had a witness who testified that defendant came to his residence right after the crime wearing clothes consistent with the clothes worn during the robbery and that he had several thousand dollars with him and he stated that he had, quote 'done dirt', which apparently means he committed a robbery," Friedman said.

Piasta has three prior stints in state prison and is eligible for sentencing for persistent felony offender status, which means a minimum of five years in prison. The maximum term for a Class C felony is 15 years.

When Piasta was sentenced in 2010 on a burglary charge, he told Judge Robert C. Noonan, "At this point, I just want to say I don’t feel that I’m hopeless," Piasta told Noonan before receiving a maximum state prison term of seven years for burglary. "Regardless of what happens today, I think I can make things better."

Photo from April 13, 2018, of the scene on West Main Street, Batavia, when Michael Piasta was taken into custody as a suspect in the Arby's robbery.

     Robert Gerety

Robert Richard Gerety (right photo), 45, of Chestnut Street, Batavia, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested following an investigation of a domestic incident that occurred at 9:28 p.m. on April 18 on Chestnut Street in Batavia. He allegedly grabbed a female acquaintance by the neck in violation of an order of protection. He was subsequently found to have an outstanding warrant for failure to appear in Batavia City Court. After arraignment, he was processed at the jail and allegedly found to possess a crack pipe, according to the police report. So he was charged with criminal use of drug paraphernalia. He was held without bail and is due in Batavia City Court on May 9. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Christopher Lindsay.

      Latoya Jackson

Latoya Denise Jackson (right photo), 33, of Vine Street, Batavia, is charged with criminal possession of a weapon and second-degree assault. At 10:20 p.m. on April 20, Batavia police responded to a Vine Street residence for a physical disturbance call. After investigation, Jackson was arrested for allegedly cutting a male with a knife. She was arraigned in Batavia City Court and jailed without bail. She was due back in city court on April 22. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Kishonti D. Williams, 28, of Harvester Avenue, Batavia, is charged with: driving while ability impaired by drugs -- first offense; aggravated unlicensed operation in the third degree; operating a motor vehicle while using a portable device; and unlawful possession of marijuana. On April 22 at 11:22 a.m. Williams was stopped on Route 5 in the City of Batavia for a vehicle and traffic violation. Following a roadside investigation, Williams was arrested. At the jail, GC Sheriff's Deputy Eric Meyer, a Drug Recognition Expert, administered a Drug Influence Evaluation and concluded Williams was impaired by drugs. He is due in Town of Batavia Court on May 16. The investigation was handled by Deputy Ryan Delong, assisted by Deputy Meyer.

John Roderick Benton, 61, of Colby Road, Darien, is charged with: Felony DWI -- operation of a motor vehicle while having a BAC of .08 percent or more, with a prior conviction within 10 years; felony DWI with a previous conviction; and failure to keep right. It is alleged that at 1:39 p.m. on April 21 on Tinkham Road in Darien that Benton drove up to a GC Sheriff's deputy and made an inquiry then immediately drove off. The deputy observed Benton unable to maintain his lane of travel and a traffic stop was conducted. Benton was subsequently arrested and issued appearance tickets for Town of Darien Court, where he is due to appear on May 7. The case was handled by Genesee County Sheriff's Deputy Richard Schildwater, assisted by Kevin McCarthy.

Patrick J. Michael, 38, of Batavia, was arrested by the City of Batavia Police Department on April 14 on an active Warrant of Arrest issued by the Wyoming County Family Court. Michael was wanted for failure to pay child support. Michael was turned over to the Wyoming County Sheriff’s Office where he was arraigned in the Village of Warsaw Court and put in Wyoming County Jail in lieu of $3,000 cash bail or bond.

Robert R. Richmond, 55, of Columbia Avenue, Batavia, is charged with trespass. At 4:43 p.m. on April 20, Richmond was arrested on North Street in Batavia after he allegedly entered a building to use the restroom after previously being avvised that he is not welcome on the property. He was processed and released on an appearance ticket. He is due in Batavia City Court on April 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Matthew A. Oakes, 39, and Kailyn M. Oakes, 24, both of Boston State Road, Hamburg, are each charged with these misdemeanors: three counts of petit larceny; three counts of endangering the welfare of a child; and three counts of sixth-degree conspiracy. Between 11:20 and 11:50 p.m. on April 6, 12 and 15, the subjects allegedly stole several cartons of cigarettes from the Two Eagles Smoke Shop on Bloomingdale Road in Basom. They allegedly had their small child with them on each occasion. The parents were arrested, issued appearance tickets and are due in Alabama Town Court on May 8. The case was investigated by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Joshua Brabon, Sgt. John Baiocco, and NYS Police Officer Michael Machniak.

Kayla Frances Twardowski, 29, of Spencer Court, Batavia, is charged with third-degree attempted grand larceny. Twardowski was arrested at 3 p.m. on April 16 after it was alleged that she allowed two fraudulent checks totaling more than $3,000 to be deposited into her bank account. She was issued appearance tickets and is due in Batavia City Court on May 7 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Kyle Krzemien.

Michael Scott VanBuren, 51, Wesley Drive, Akron, is charged with: driving while intoxicated; aggravated DWI -- operating a motor vehicle while having a BAC of .18 percent of higher; moving from lane unsafely; speed not reasonable and prudent. VanBuren was arrested at 5:55 p.m. on April 19 on Knapp Road in Pembroke following the investigation of a motor-vehicle accident. He was released on an appearance ticket and is due in Pembroke Town Court on May 14. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Gary Alfred Rynkowski, 50, of Thomas Avenue, Batavia, is charged with driving while intoxicated with a BAC of .18 percent or greater; DWI; open container; and inadequate plate lamp. On April 20, Rynkowski was arrested at 2:33 a.m. on West Main Street in Batavia following a traffic stop. He is due in Batavia City Court on May 15 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Erik Andre.

Ar-Rahmaan M. Jones, 38, of East Avenue, Le Roy, is charged with driving while ability impaired by alcohol and having an open container of alcohol in a motor vehicle. Jones awas arrested at 10:29 p.m. on April 20 on East Main Street Road in Batavia. It is alleged that while a deputy was checking the welfare of a motorist parked roadside on Route 5 in the Town of Batavia, Jones was found behind the wheel of a vehicle with its motor running. At the time, Jones allegedly was under the influence of alcohol and had an open container of alcohol in the vehicle. He was released on an appearance ticket and is due in Town of Batavia Court on May 20. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Brabon Joshua.

Jordan R. Rose, 18, of Maple Street, Batavia, is charged with second-degree criminal contempt. Rose was arrested after he was allegedly found to have been in the presence of two parties protected by a stay away order of protection at 4:30 p.m. on April 10 on Maple Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Tuesday, April 23. The case was handled by Batavia Police Officer Stephen Cronmiller.

Joshua David Capwell, 39, of West Main Street, Batavia, is charged with second-degree harassment and criminal mischief. Capwell was arrested following an investigation into a domestic dispute on West Main Street in Batavia at occurred at 11:45 p.m. on April 18. He was issued a computer-generated appearance ticket and is to be arraigned in Batavia City Court on Tuesday, April 23. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Arick Perkins.

Heidi L. Harder, 43, of Montclair Avenue, Batavia, was arrested on a bench warrant following an unrelated incident. She was located at her residence and taken into custody with incident. After arraignment in Batavia City Court on April 16, she was jailed in lieu of $1,500 cash or bond. She is due to return to city court at a later date. The case was handled by Batavia Police Officer Miah Stevens, assisted by Marc Lawrence.

Willis Floyd Miller Jr., 59, of West Main Street, Batavia, is charged with petit larceny. He was arrested on April 18 and arraigned in Pembroke Town Court at 4:30 p.m. for allegedly stealing tools belonging to his former employer on Dec. 5 on Genesee Street in Pembroke. He was released on an appearance ticket and is due in Pembroke Town Court again on April 30. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Elizabeth Rose George, 28, of Council House Road, Tonawanda Indian Reservation, is charged with: unauthorized use of a vehicle; leaving the scene of a property damage accident; and moving from lane unsafely. George was arrested on April 18. It is alleged that she drove a vehicle on April 18 without the owner's consent and that she was subsequently involved in an accident at 5:13 a.m. on Bloomingdale Road. It is also alleged that she left the scene of the accident. George was issued traffic tickets and released on appearance tickets. The defendant is due in Alabama Town Court on May 8 to answer the charges. The case was handled by Deputy Travis DeMuth, assisted by Deputy Joshua Brabon.

Brandon Eugene Matteson, 25, of Ellicott Street Road, Pavilion, is charged with endangering the welfare of a child and second-degree harassment. Following a domestic incident that occurred at 7:56 a.m. on April 17 on Ellicott Street Road in Pavilion, Matteson was arrested and arraigned at 11:41 p.m. on April 17 in Le Roy Town Court. He was jailed in lieu of $500 cash or $3,000 bond. Genesee County Sheriff's Deputy Eric Meyer handled the case, assisted by NYS Police.

James A. Chase is indicted for the crime of failure to register a change of address, a Class D felony. It is alleged that this convicted Level 3 sex offender failed to register with the NYS Division of Criminal Justice Services within 10 calendar days any change of address, including Internet accounts, Internet access providers or Internet identifiers. In this case, he is accused of not registering a specific email account. In count two, he is accused of the same crime for allegedly not registering a Facebook account that used the screen name of John Chase. In count three, he is accused of the same crime for allegedly not registering an Internet access provider he used, in this case Boost Mobile. In Special Information filed by the District Attorney, Chase is accused of having been convicted of: the crime of failure to register/verify a change of address, as a Class A misdemeanor, on Aug. 18, 2005 in Batavia City Court; failure to register a change of address, a Class D felony, on Sept. 12, 2005 in Town of Oakfield Court; and failure to register/verify change of address, as a Class E felony, on March 10, 2015 in Genesee County Court.

Jacob J. Camerera is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Nov. 18 in the City of Batavia that Camerera knowingly possessed stolen property, in this case one or more firearms, rifles or shotguns -- a Marlin .22-caliber model 60 rifle.

      Kelly Rhim

Kelly J. Rhim, 40, of Colvin Avenue in Rochester, is charged with attempted assault, 1st, and assault, 2nd, for an attack he is accused of perpetrating at 1:05 a.m., Saturday outside of T.F. Brown's in Batavia.

Rhim is accused of stabbing the victim in a parking lot outside the establishment. 

He turned himself in following an investigation by Batavia PD. 

The victim of the alleged stabbing was transported to an area hospital, treated and released.

The investigation was led by Det. Thad Mart, and Batavia PD said no further information about the incident would be released.

Rhim was jailed on $25,000 bail or $50,000 bond.

A 55-year-old Batavia man who was arrested in January 2017 after staff at the Richmond Memorial Library observed him viewing what appeared to be child pornography on library computer entered a guilty plea yesterday in Federal Court to a count of access with intent to view child pornography.

Robert Roy Richmond faces a maximum penalty of 10 years in jail and a $250,000 fine. He will be sentenced Aug. 27 by U.S. District Judge Elizabeth A. Wolford.

An FBI investigator was contacted by local law enforcement after a library employee who was working in the DVD section saw a man at a computer looking at a pornographic picture of a child in fishnet stockings.

As soon as the man left, the employee shut down the computer and put an out-of-order sign on it in order to preserve any potential evidence until police arrived.

A subsequent forensic examination revealed that there were seven images on the computer which met the definition of child pornography.

Richmond was identified as the suspected computer user because he had to input his library card number to access the system. He was also identified as a suspect by the employee through a photo lineup.

From the Genesee County Sheriff's Office:

On April 15, former Genesee County Correctional Officer Justin M. Gugel was arrested on two charges: petit larceny and criminal possession of a controlled substance in the seventh degree. Both are Class A misdemeanors.

It is alleged that on Jan. 19 while employed at the GC Jail, Gugel stole a controlled substance from medication which had been prescribed and alloted for an inmate.

An investigation was opened after pills were reported missing following a routine medication count in the jail.

Gugel was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on May 7. The case was investigated by GC Sheriff's Investigator Joseph Loftus.

Jerrol P. Newell, 49, of East Main Street, Corfu, is charged with: driving with a BAC of more than .18 percent; driving while intoxicated; following too closely; leaving the scene of a property damage accident; and unlicensed operation. Newell was allegedly driving on Route 33 when his pickup truck struck another car in the area of Wortendyke Road. The defendant did not stop and continued traveling west on Route 33. The operator whose vehicle was struck followed the pickup and called 9-1-1. Newell was arrested following an investigation then released on appearance tickets. Newell is due in Batavia Town Court on May 16. The case was handled by Genesee County Sheriff's Sgt. Ron Meides, assisted by Deputy Kevin McCarthy.

Frank L. Morrison, 37, of Bank Street, Batavia, is charged with second-degree harassment. Morrison was arrested for allegedly spitting on his neighbor following a verbal argument at 2:38 p.m. on April 13 on Bank Street in Batavia. He is to be arraigned in Batavia City Court on April 30. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Eric Scott Dawson, 29, of 4 N. Spruce St., upper unit, Batavia, is a convicted Level 2 sex offender who is charged with four counts of failure to register a change -- first offense. He is on parole and was being held in Genesee County Jail on a parole violation at the time of his arrest on April 11. Following his arraignment, he was put back in jail on $2,500 bail and is due in Batavia City Court on May 9. The case was handled by Batavia Police Det. Eric Hill.

Leanne Marie Tucker, 47, of Shawnee Road, North Tonawanda, is charged with petit larceny and endangering the welfare of a child. At 6:15 p.m. on April 9, Tucker allegedly stole merchandise from a department store on Veterans Memorial Drive in Batavia while in the presence of a person under the age of 17. She was released on an appearance ticket and is due in Batavia Town Court on May 6. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kevin Forsyth.

Kara B. Sass, 24, of Coward Road, Byron, is charged with petit larceny. Sass was arrested on April 10 at 7:51 p.m. on an arrest warrant out of Batavia City Court. She was arraigned, then released under supervision of Genesee Justice. She was due back in court on April 11. The original charge stems from a shoplifting complaint at Tops Market in Batavia at 12:53 a.m. on March 30. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Amanda Lyle Mcewan, 25, of South Main Street, Batavia, is charged with: unlawful possession of marijuana; operating a motor vehicle without stop lamps, and operating a motor vehicle without a proper license. At 11:45 p.m. on April 13, Mcewan was arrested on Clinton Street in Batavia following a traffic stop during which a quantity of THC oil was allegedly found in her possession. She is due to return to Batavia City Court on April 24. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Sgt. John Baiocco.

Ryan James Monnell, 31, of East Oneida Street, Baldwinsville, is charged with unlawful possession of marijuana and a muffler violation. At 1:39 p.m. on April 9, Monnell was stopped on South Lake Road in the Town of Bergen following the observation of a vehicle and traffic violation. It is alleged that Monnell possessed a quantity of marijuana at the time. He was issued an appearance ticket and is due in Town of Bergen Court on May 8. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Iszon C. Richardson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Dec. 17 Richardson entered a dwelling unlawfully on Jackson Street in the City of Batavia with the intention of committing a crime. In counts two and three, he is accused of first-degree criminal contempt, a Class E felony, for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party and subjecting them to physical contact or attempting or threatening to do so on Dec. 17. In count four, he is accused of attempted assault in the third degree, a Class A misdemeanor, for allegedly striking the protected party in the face. In count five, he is accused of another count of second-degree burglary for allegedly entering the same dwelling on Dec. 20. In counts six and seven, he is accused of two more counts of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party on Dec. 20 and subjecting them to physical contact or attempting or threatening to do so. In count eight, Richardson is accused of second-degree unlawful imprisonment for allegedly restraining the protected party on Dec. 20. In count nine, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by allegedly applying pressure on the victim's neck. In count 10, he is accused of second-degree burglary for allegedly entering the same dwelling on Dec. 20 on a second occasion. In counts 11 and 12, he is accused of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party on Dec. 20 and on Dec. 16. In count 13, Richardson is accused of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party and subjecting them to physical contact or attempting or threatening to do so on Dec. 16.

Shane C. Anthony and Robert N. Pragle are indicted for the crime of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that on some time between Jan. 2 and Jan. 3 in the Town of Le Roy that the defendants knowlingly possessed stolen property with a value that exceeded $3,000. In count two, they are accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing crack cocaine.

Guillermo Jose Torres-Acevedo, 22, of Batavia, did not appear in Byron Town Court as scheduled this afternoon at 5 o'clock because federal officers picked him up this morning at Genesee County Jail.

He's been in jail since November, accused of taking an underage girl away from her home in Bergen on Nov. 29 and driving her to Pennsylvania.

Torres-Acevedo was arraigned in Federal Court in Buffalo today on a new charge: transporting a minor across state lines for the purpose of engaging in sexual activity.

The defendant is already charged with custodial interference in the first degree, criminal contempt, 2nd, endangering the welfare of a child, plus grand larceny, 3rd, and unauthorized use of a motor vehicle for allegedly stealing the Dodge Journey he is accused of using to transport the girl.

At the time of the November incident, an Amber Alert was issued for the girl, who was later found with Torres-Acevedo at a Walmart in Mansfield, Pa., through a geolocation ping of her mobile phone.

Torres-Acevedo was arrested in Pennsylvania without incident and the girl was returned to her parents.

The girl and Torres-Acevedo knew each other and Torres-Acevedo had already been arrested in connection with his relationship with the girl and issued a stay-away order, which he allegedly violated, leading to a criminal contempt charge.

UPDATE 7:45 p.m.: Press release from U.S. Attorney's Office in Buffalo:

U.S. Attorney James P. Kennedy Jr. announced today that Guillermo Torres-Acevedo, 23, of Batavia, was arrested and charged by criminal complaint with transporting a minor across state lines for sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and $250,000 fine.

Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, states that according to the complaint, on Nov 29 the Genesee County Sheriff’s Office received a report regarding a missing 14-year-old girl (Victim 1). Surveillance video from Byron Bergen Junior/Senior High School showed Victim 1 exiting a school bus at the school and walking to a blue vehicle and leaving the property. Victim 1 had recently been romantically involved with the defendant.

As a result of this, Torres-Acevedo was arrested and charged by the New York State Police three days prior on Nov. 26 with second- degree rape and second-degree criminal sex act. An order of protection was also issued against the defendant.

Further investigation determined that on the morning of Nov. 29, Torres-Acevedo took his mother’s vehicle against her wishes. The vehicle matched the vehicle that Victim 1 was seen to get into in the surveillance video. As a result, an Amber Alert was issued.

Investigators traced Torres-Acevedo and Victim 1 to a truck stop in Pennsylvania. The Pennsylvania State Police were contacted and located Victim 1 and the defendant in the parking lot of a retail store. Torres-Acevedo was taken into custody, and Victim 1 was returned to her parents.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The complaint is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

From the Le Roy Police Department:

A combination of an unusual set of circumstances, DNA technology and old-fashioned police work led to the arrest of 25-year-old Le Roy resident Patrick J. Gonzales by the Le Roy Police Department.

This arrest announced today allegedly solves a two-year-old burglary, which occurred at 1:58 a.m. on March 16, 2017 on Lake Street in the Village.

The burglary occurred when a person entered the victim's building and stole a safe and other items. At the time of the burglary, the alarm activated but the police were accidentally sent to a neighboring business. Because of this error, the patrols found no burglary and were sitting on Wright Avenue talking when a person allegedly identified as Gonzales walked by them, eastbound on Wright Avenue toward Route 19.

The police recognized Gonzales but had no cause to stop him. Once the patrols were advised they were sent to the wrong business, they checked the correct business and located the burglary along with a fresh set of footprints in the snow eventually leading to a wooded area. The footprints were followed and led to the discovery of both the stolen safe and what appeared to be the perpetrator's jacket buried in the snow.

Both were recovered and the footprints were again followed, which led to the same location and direction on Wright Avenue that Gonzales was seen traveling earlier. The footprints led toward a rooming house on Lake Street, in which Gonzales was living at the time. The same footprints were then found on the property of the rooming house.

Eventually enough cause was developed to petition Gonzales to appear in Genesee County Court for a court-ordered DNA test, which was granted in July of 2018. The DNA was secured and compared to DNA evidence found in the jacket buried in the snow and allegedly matched.

During the investigation, Gonzales left New York State twice but returned the first time to surrender his DNA and then returned this past time to turn himself into the Le Roy Police Department and face the charges.

Gonzales was charged with one count each of the Class D felonies of burglary in the third degree and grand larceny in the third degree. He was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Jerry Riley III, 41, of South Main Street, Batavia, is charged with: Driving while intoxicated; DWI with a BAC of .08 percent or more; aggravated unlicensed operator in the first degree; criminal possession of a controlled substance; and failure to keep right. Riley was arrested at 2:25 a.m. on April 6 on Pringle Avenue in Batavia. Following his arraignment in Batavia City Court, he was jailed without bail. He was due to return to city court on April 8. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Ronald Terrance Jackson, 53, of Liberty Street, Batavia, is charged with criminal obstruction of breathing and second-degree harassment. Jackson was arrested at 4 p.m. April 8 on State Street. It is alleged that he pushed another person and applied pressure to their neck during a physical altercation. After his arraignment in Batavia City Court, he was jailed on $1,500 bail, cash or bond. He was due to return to court today (April 9). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Amanda M. Webb, 30, of Maple Street, Batavia, is charged with second-degree reckless endangerment. At 2:49 a.m. on April 8, Batavia polce responded to Maple Street for a domestic incident. Investigation revealed that Webb allegedly threw a knife at a male while he was walking away from the location. She was issued an appearance ticket for Batavia City Court and is due there on April 23. The case was handled by Batavia Police Officer Arick Perkins.

Bobby L. Mobley, 34, of Maple Street, Batavia, is charged with criminal possession of marijuana in the fifth degree. At 2:55 a.m. on April 8, Batavia police responded to Maple Street for a domestic incident. Mobley was allegedly found to possess about 1.8 ounces of marijuana. Mobley was issued an appearance ticket for Batavia City Court and he is due there on April 16. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Bolles.

Paul Orrie Doctor Jr., 45. of Council House Road, Tonawanda Indian Reservation, was arrested at 5:45 p.m. on April 4 and charged with third-degree criminal tampering. It is alleged that he threw a bag of feces onto a vehicle belonging to another person, causing "a substantial inconvenience." The incident allegedly occurred on Bloomingdale Road. He was issued an appearance ticket for Alabama Town Court and is due there at 6 p.m. on April 24. The case was investigated by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Kyle Krzemien.

Tareq Fouad Saleh, 30, of Plymouth Avenue, Buffalo, is charged with: possessing more than 10,000 unstamped cigarettes; fourth-degree criminal tax fraud; speeding; and not wearing a seat belt -- a violation. He was arrested at 9:22 p.m. on April 3 on Alleghany Road in Pembroke following a traffic stop for speeding. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Patrick Reeves.

Krystal Lee Frye, 29, of West Main Street, Batavia, is charged with fourth-degree grand larceny -- credit card. She was arrested and will be arraigned on April 9 on the charge following an investigation into a stolen wallet. The incident allegedly occurred at 7:40 a.m. on April 1 at an apartment on Maple Street in the city. Frye was released on an appearance ticket. The case was handled by Batavia Police Officer Jason Ivison.

Andrea Marie Gray, 41, of West Main Street Road, Batavia, is charged with second-degree harassment. On April 4 at 3:19 p.m., Gray was arrested at the Genesee County Courts Facility for allegedly engaging in a physical altercation with a male. She was arraigned and released on her own recognizance and is due in Batavia City Court at a later date. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Heyward Clark Jr., 54, of Locust Street, Lockport, was arrested on April 6 on two Batavia City Court warrants after he was identified as a passenger in a vehicle during a traffic stop. He is charged with third-degree burglary -- entry with intent to commit a crime, petit larceny, and criminal mischief -- intent to damage property. The charges stem from an incident on School Street in Batavia at 10 p.m. on Oct. 27, 2016. Clark was jailed without bail and is due back in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.

Daniel S. Carpenter, 30, of Hickory Manor Drive, Rochester, is charged with: driving while intoxicated as a misdemeanor; moving from lane unsafely; and having alcohol in a motor vehicle. Carpenter was arrested at 10:27 a.m. on April 6 following a one-vehicle rollover crash on Route 19 in the Town of Le Roy. He suffered minor injuries and was released on appearance tickets for Le Roy Town Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Ryan DeLong.

Walter T. Snell, 31, of Walnut Street, Batavia, is charged with failure to appear. He was arrested at 5:45 p.m. on April 5 on a bench warrant out of Batavia City Court for failing to appear in court. He was jailed in lieu of $1,000 bail and is to return to city court on April 10. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Mitchell Cowen.

Dustin Wyatt Albrecht, 24, of Jay Street, Phelps, is charged with unlawful possession of marijuana and having no restraint system for a backseat passenger between the ages of 4 to 6. Albrecht was arrested at 4:25 p.m. on April 7 on Alleghany Road in Pembroke following a traffic checkpoint. He was released on an appearance ticket and is due in Town of Pembroke Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

A 62-year-old East Amherst man who once owned the Batavia Nursing Home on State Street has been ordered to serve 18 months in Federal prison and pay $2.5 million in restitution along with another $850,000 to the IRS after being sentenced yesterday on his conviction for a willful failure to pay taxes and bank theft.

Marc I. Korn, according to Federal prosecutors, stole money from banks using credit cards and loans. He also failed to pay employment taxes for three quarters in 2009.

In 2008, according to prosecutors, Korn applied for a loan to refinance the Batavia Nursing Home from Fifth Third Bank. The bank provided $3.9 million to Korn and provided him with a credit card. The bank relied on paperwork submitted by Korn to secure the loan. The statement contained numerous falsehoods, including overvaluation of his primary residence. He also provided bank statements that misrepresented his financial holdings.

In March 2009, Korn stopped paying Federal employment taxes. Prosecutors said he instead used those funds for expenses at restaurants, hockey tickets, jewelry, and to pay college tuition for his children.

What was once the Batavian Nursing Home is under new ownership and is now called The Grand Rehabilitation and Nursing Home.

Dorsie J. McGill Jr., 34, of Quaker Hill Road, Elba, is charged with fourth-degree criminal mischief, and second-degree criminal trespass. McGill was arrested at 4:14 p.m. on March 31 on North Spruce Street, Batavia, after allegedly arriving at the home of a family member and kicking the front door in and entering the residence without permission. After arraignment in Batavia City Court, he was jailed in lieu of $1,500 cash or bond. He was due back in court on April 1. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Matthew Wojtaszczyk.

Ryan James Wetsell, 25, address unspecified, of Batavia, is charged with second-degree harassment. At 9:30 p.m. on March 28, he allegedly grabbed another person and struck them in the face while at a hotel on Federal Drive in Batavia. He was released on an appearance ticket and is due in Batavia Town Court on April 22. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kevin Forsyth.

Paula A. Cipro, 51, of Tracy Avenue, Batavia, is charged with criminal possession of stolen property in the fourth degree -- use of a stolen credit card, and petit larceny. Cipro was arrested following an investigation into the use of a stolen credit card at Northside Deli. The alleged incident occurred at 1:01 p.m. on March 21. She was released on an appearance ticket and is due in Batavia City Court on April 9 to answer the charges. The case was handled by Batavia Police Officer Jason Ivison.

Christine A. Wark, 34, of School Street, Le Roy, was arrested April 1 at 4:32 p.m. on a bench warrant out of Batavia City Court. She allegedly failed to appear in court on Nov. 28 on two misdemeanor traffic charges. She was arraigned and released under supervision of Genesee Justice and was due back in court today (April 3). The case was handled by Batavia Police Officer Christopher Lindsay.

Shawn W. Cross, 48, of Le Roy, is identified as the man who suffered a severe head injury following an incident late Saturday afternoon in which he exited a moving vehicle on Lake Street in the Village of Le Roy. He remains in critical condition at Strong Memorial Hospital in Rochester.

The driver, Lorie A. Litolff, 57, of Craigie Street, Le Roy, is accused of leaving the scene of a serious injury accident, a felony.

She is also charged with DWI, failure to report an accident with injuries, driving without an ignition interlock device, and failure to submit to a breath test.

Litolff was jailed on $10,000 bail.

Several witnesses were interviewed and Le Roy police believe Litolff and the victim were engaged in a verbal argument prior to the man exiting the vehicle.

When he exited, according to witnesses, he lost his balance and fell, striking the pavement, which is the cause of at least some of Cross's injuries.

For previous coverage, click here.

For initial post, click here.

Our news partner WBTA contributed to this report.