crime

Michael A. Hahn is indicted for the crime of criminal sale of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 25, 2014, in the Town of Darien, that Hahn knowingly and unlawfully sold a controlled substance, methamphetamine. In count two, Hahn is accused of criminal possession of a controlled substance in the fifth degree, also a Class D felony, for allegedly knowingly and unlawfully possessing methamphetamine with the intent to sell it.

Jequan D. Patterson is accused of driving while intoxicated, as a Class E Felony. It is alleged that on July 8 in Le Roy, Patterson drove a 2015 Kia on I-90 while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In count three, he accused of aggravated driving while intoxicated, as a Class E felony, for having a child age 15 or less as a passenger. In count four, Patterson is accused of aggravated driving while intoxicated for allegedly having a BAC of .08 percent or more while a child age 15 or less was a passenger. In count five, Patterson is accused of the crime of endangering the welfare of a child for allegedly knowlingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. Also, Special Information is filed for this indictment by District Attorney. It accuses Patterson of having been convicted of the crime of DWI, as a misdemeanor, on Feb. 27, 2006, in City of Rochester Court and that was within 10 years of the commission of the crimes now alleged.

David M. Heschke is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged that on May 3 in the Town of Pavilion that Heschke drove a 2006 Nissan on Route 20 while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In count three, he is accused of first-degree aggravated unlicensed operation, a Class E felony, for driving while allegedly knowing, or having reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and doing so while allegedly intoxicated. Also, Special Information is filed for this indictment by District Attorney. It accuses Heschke of having been convicted of the crime of DWI on Sept. 5, 2012, in Town of Batavia Court and that conviction forms the basis of the revocation referred to in count three of this indictment.

  James Spivey

James J. Spivey, 17, of Child Street, Rochester, is charged with burglary, attempted second-degree assault, and endangering the welfare of a child. The youth is accused of entering Batavia High School without permission with the intent to fight a student there. The defendant did allegedly engage in a fight with the student, who is under age 17, and during the fight used a dangerous instrument in an attempt to injure the student.

Erica Michelle Raphael, 30, of Walnut Street, Batavia, is charged with petit larceny. Raphael is accused of stealing merchandise from the Rite Aid on West Main Street Road, Batavia.

Tyler Austin Stoddard, 21, of Meiser Road, Corfu, is charged with making graffiti. Stoddard was arrested on a warrant. He is accused of drawing a picture of a penis on the wall of the ATM at the M&T Bank branch in Corfu.

Michael F. Geer, 24, no permanent address, is charged with burglary, 2nd, petit larceny, unauthorized use of a motor vehicle and criminal mischief, 4th. Geer allegedly entered a residence on Trumbull Parkway, took the keys to a vehicle that was parked in the driveway, and unlawfully moved the vehicle, striking the back porch. He was jailed on no bail.

Amber N. Wallace, 26, of Swan Street, Batavia, is charged with petit larceny. Wallace is accused of drinking a "5-hour ENERGY" drink without paying for it while at work at a business on Jackson Street.

Michael A. Wroten, 48, of Highland Parkway, Batavia, was arrested on a warrant. Wroten was located by probation officers and turned over to Batavia PD. He was jailed on $2,500 cash bail.

Nikayla C. Jackson, 18, of Slusser Road, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. Jackson allegedly pushed another person and damaged property while inside that person's apartment at 8:25 p.m., Nov. 9.

Jessica L. Ford, 24, of Perry Road, Le Roy, is charged with violation of probation. Ford was arrested on warrants issued by City Court.

Deborah R. Blatt, 54, of East Main Street, Batavia, was arrested on a warrant. She was jailed on $5,000 bail.

Chercal A. Smith, 20, of Bank Street, Batavia, is charged with violation of probation. Smith was observed by Officer James DeFreze, who was aware of a warrant for Smith's arrest, on Court Street. Smith was taken into custody without incident.

Cody N. Proefrock, 23, of West Court Street, Warsaw, is charged with aggravated unlicensed operation. Proefrock was arrested on a warrant for alleged failure to appear on the listed charges.

Sara A. Weaver, 46, of Watson Street, Batavia, was arrested on a warrant for alleged failure to appear in court and for aggravated unlicensed operation, 2nd. Weaver was arrested following a traffic stop by Officer Mitchell Cowen.

Nicholas G. Serret, 19, of 15 Dewain St., Rochester, is charged with unlawful possession of marijuana, a violation. The subject was a passenger in a vehicle stopped by Corfu Police for speeding on Route 77 at 2:34 p.m. on Nov. 24. The subject was allegedly found to have a plastic baggie containing about three grams of marijuana. The case was investigated by Corfu PD Officer Michael Petritz.

Brad L. Ohlson, 38, of Walnut Street, Batavia, is charged with third-degree assault. He was arrested on Nov. 20 after an incident occurred at 3:51 p.m. on Central Avenue. It is alleged that Ohlson struck another person, causing the person to fall and strike a door, causing physical injury to that person. Ohlson was issued an appearance ticket and is to be in City Court on Dec. 8. The case was handled by Batavia PD Officer Chad Minuto, assisted by Officer Mitchell Cowen.

Christopher J. Simmons, 42, of Wayneport Road, Macedon, Leanna J. Williams, 25, of St. Paul Street, Rochester, and Anthony J. Stagnitto, 26, of West Ridge Road, Rochester, were arrested Nov. 21 after the trio was allegedly involved in shoplifting at Kohl's department store in Batavia. The vehicle used in the crime was stopped on Noonan Drive near the intersection of Oak Street by city Police officers. It is alleged that Simmons entered the store and removed items while Williams drove the getaway car, picking Simmons up by the front doors and speeding away. Stagnitto was a passenger and identified himself falsely as another person because he had a felony arrest warrant out of Monroe County for him. Stagnitto was turned over to the Monroe County Sheriff's Office and is charged with criminal impersonation, a misdemeanor. Simmons was jailed without bail and is to reappear in Town of Batavia Court on Nov. 30. He is charged with a felony -- fourth-degree grand larceny, and he was also issued an appearance ticket for criminal possession of a controlled substance, 7th, which is a misdemeanor, and is due in City Court on Dec. 14. Williams was issued an appearance ticket for fourth-degree grand larceny, a felony, and is due in Town of Batavia Court on Dec. 17. The case was investigated by Sheriff's Deputy Rachel Diehl and Deputy John Baiocco, assisted by Deputy Christopher Parker, and Batavia PD officers Marc Lawrence and Frank Klimjack.

James A. McCormick, 23, of Kendall Road, Churchville, is charged with moving from lane unsafely, driving while intoxicated and aggravated driving while intoxicated for allegedly having a BAC of .18 percent of higher at the time. He was arrested after a motor-vehicle accident at 12:43 a.m. on Nov. 22 on North Lake Road, Bergen. His vehicle went off the roadway and struck a utility pole. He was issued an appearance ticker for Town of Bergen Court at a later date and time. The case was handled by Sheriff's Deputy Andrew Hale, assisted by Deputy Joseph Corona.

Armand M. Gioia, 28, of Hall Street, Batavia, is charged with driving without a license, driving while intoxicated -- first offense, operating a motor vehicle with a BAC of .08 or more -- first offense, and unsafe backing of a vehicle. Gioia was stopped at 1:20 p.m. on Nov. 15 on East Main Street, Batavia, after he allegedly struck another vehicle in the parking lot of a local restaurant. He is to be in City Court on Dec. 2. The case was handled by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Marissa Anne Brennan, 22, of North Byron Road, Byron, is charged with fourth-degree grand larceny. She was arrested at 2 p.m. on Nov. 17 for allegedly stealing property in excess of $1,000 in value. She was put in jail on $2,500 bail. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy James Diehl.

Randy Dumbleton Jr., 32, of 3322 W. Main St., Batavia, is charged with criminal possession of a controlled substance, 3rd, a Class B felony, unlawful possession of marijuana, and criminal use of drug paraphernalia, 2nd. During a residence check on Nov. 21 at 7:26 a.m. by NYS Parole, the subject was allagedly found to possess a quantity what is suspected to be crack cocaine and marijuana. He was taken into custody and given no bail. The case was handled by Sheriff's Deputy Lonnie Nati, assisted by Deputy Chad Minuto.

A 16-year-old who lives on Central Avenue in Batavia is charged with disorderly conduct for fighting. The teen was arrested on Nov. 19 at Batavia High School for fighting with another student in the hallway. The teen was issued an appearance ticket and released. The case was handled by Batavia PD Officer Marc Lawrence.

Frank Lynn Morrison, 34, of West Main Street Road, Batavia, was arrested on a bench warrant for failing to appear in court on a charge of third-degree aggravated unlicensed operation of a vehicle. Arfter being arraigned in City Court, he was released and went to the City Clerk's Office and posted a fine of $135. He is scheduled to pay the remainder of his fines in increments. A return court date was not set. The case was handled by Batavia PD Officer James DeFreze.

Joshua M. Pierce, 20, of Meadowbrook Terrance, Corfu, is charged with unlawful possession of marijuana and speeding. On. Nov. 22, at 9:39 a.m. Pierce was stopped on Denio Street by Batavia PD for a speed violation. At that time, Pierce was allegedly found to possess marijuana. He was issued an appearance ticket and in due in City Court on Dec. 8. The case was handled by Batavia PD Officer Arick Perkins.

Jeremy David Holmwood, 24, of Corinthia Street, Lockport, is charged with possession of a hypodermic instrument. He was arrested on a bench warrant for allegedly failing to appear on previous charges on Nov. 4. He was jailed on $1,000 bail. The case was handled by Sheriff's Deputy Ryan DeLong.

Chong Christian Nimora, 35, of Metropolitan Drive, Rochester, was arrested on a bench warrant out of Town of Batavia Court for a charged on Nov. 7 of petit larceny. She was released on her own recognizance. The case was handled by Sheriff's Deputy Ryan DeLong.

Bleyke Z. Culver, 19, of Ellsworth Avenue, Batavia, was arrested after a bench warrant was issued through City Court for Culver's alleged failure to pay a fine in regards to owning/harboring an unlicensed dog. He posted bail and was released and is to return to court on Dec. 8. The case was handled by Batavia PD Officer Jamie Givens.

An Attica woman who was arrested for attempting to bite an emergency room nurse and punching her several times in the stomach will spend at least a year-and-a-half in State Prison after pleading guilty this morning to attempted assault in the second degree.

In an unusual twist, she was also sentenced today.

Kerri L. Forsberg, 43, of Alexander Road, Attica, who appeared in court in a wheelchair, has medical issues that meant she couldn't be housed in any of the county jails Genesee County uses to hold female inmates. In those circumstances, the state will hold an unsentenced inmate, and at no cost to the county, said District Attorney Lawrence Friedman.

The difficulty, however, is that Forsberg was held in Bedford, and Genesee County deputies were required to take her back and forth between the prison and her court appearances.

So some of her appearances were actually waived, including her plea-cutoff. She was planning to take her case to trial, Friedman explained, but when she changed her mind and decided to take the plea offer, arrangements were made for Forsberg to enter her plea and be sentenced on the same day.

Friedman said the Probation Department was "great" for their handling of the expedited pre-sentence investigation. Investigators obtained the case file this morning, combined it with Forsberg's PSI from a previous case in Wyoming County, and were able to meet the deadline of 4 p.m. for the completed report.

Forsberg is eligible for release in one-and-a-half years, but could serve up to three years. She was sentenced as a second felony offender.

She was arrested in early July for attempting to bite a UMMC nurse and punching her in the stomach.

   Hannah Dibble

The driver in an accident in Bethany in February that claimed the life of an 18-year-old Genesee Community College student entered a guilty plea in County Court this morning to one count of second-degree vehicular manslaughter and DWI with a plea deal that caps her sentence to six months in county jail and five years on probation.

Hannah C. Dibble, 22, of Corfu, will also lose her driver's license and any vehicle that she might drive will be required to have an interlock ignition device.

After going through a series of alcohol-rehabilitation treatments, Dibble was scheduled to appear in court this morning with her attorney Benjamin Bonarigo on a hearing for motions to suppress some evidence in the case, but when the case was called, ADA Will Zickl told Noonan a plea deal had been reached in the case.

Dibble was at the wheel of a 1997 Chevrolet Geo on Feb. 21 when it crossed Route 20 at Molasses Hill Road, Bethany, and was struck by a semi-truck.

There were four passengers in her car at the time, including Alyson D. Krzanak, 18, of Corfu, who died as a result of injuries sustained in the crash. Suffering serious physical injuries in the collision Feb. 21 were James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20.

Bonarigo informed the court that Dibble remains in in-patient treatment and will enter a halfway house shortly after the first of the year.

The terms of the sentence are known as "shock probation," giving a defendant a taste of jail and five years of rules to follow and monitoring after release.

Sentencing is scheduled for Feb. 23.

After the case was adjourned, Judge Robert C. Noonan told Dibble, "I'm happy to see the recent report (on her progress), especially after the stumble you took early on, so keep on the right track."

Three men accused of assaulting another person April 29 on Holland Avenue entered guilty pleas in County Court this morning, though they did not admit to the actual crime.

Under an Alford plea, the defendants pled guilty because they believe a jury would likely convict them based on available evidence, but did not admit to the facts leading to the charge. 

The young men, Terrance M. Schramm, Terrence D. Johnson, and Leonard A. Johnson III entered guilty pleas to second-degree assault under terms that would cap their sentences of six months in jail and five years probation, a term known as "shock probation," which is intended to give defendants a taste of confinement and monitored terms of behavior following release.

The victim in the case suffered an orbital fracture and lost of range of motion in one shoulder, said District Attorney Lawrence Friedman.

Witnesses said they saw four or five young men beating and kicking the victim.

The victim identified the defendants as three of the people who attacked him, but the other possible attackers have not been identified.

Previously: Grand Jury: Three men indicted for first-degree gang assault

Sarah Wilson, 31, of West Main Street, Batavia, is charged with two felonies and a misdemeanor following a joint investigation by the Genesee County Department of Social Services and the Genesee County Sheriff’s Department. Wilson is charged with one count of criminal possession of a forged instrument, 2nd, one count of offering a false instrument for filing, 1st, both of which are felonies, one count of petit larceny. The investigation started after a Social Welfare Examiner at Genesee County Social Services noticed several inconsistencies in a medical statement Wilson had submitted to the department, which Wilson claimed had been completed by a local doctor. The investigation that followed revealed the medical statement allegedly had not been completed or signed by the doctor. Wilson was arrested by Sheriff's Investigator Joseph Graff and jailed on $1,000 bail. She is scheduled to reappear in Batavia Town Court at 2 p.m. on Dec. 8.

Lee A. Baxter, 31, of Central Avenue, Batavia, is charged with obstructing governmental administration, 2nd, third-degree assault, and unlawful possession of marijuana. Baxter was arrested at 2:40 p.m. on Nov. 19 following a reported on a domestic incident which had allegedly become physical. Batavia police patrols arrived and allegedly observed a physical altercation between "Baxter and another female." Baxter was put in Genesee County Jail on $2,000 bail. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Cody A. Bush, 29, of Walnut Street, Batavia, is charged with two counts of criminal sale of a controlled substance, a Class C felony. It is alleged that he sold a quantity of suboxone, which is a controlled substance, in and around the City of Batavia and the Town of Elba  to an agent of the Genesee County Local Drug Enforcement Task Force. The DA's Office assisted in the investigation. The defendant was already in GC Jail on related charges when he was arrested Monday by Sheriff's deputies and arraigned in City Court on one count and then transferred to Elba Town Court where he was arraigned on the other count. He was taken back to jail.

Patrick Antonio Griffin, 46, of Saint Petersburg, Fla., is charged with: first-degree aggravated unlicensed operation; operation of a motor vehicle with a BAC of .08 or more, first offense; driving while intoxicated, first offense; unlawful possession of marijuana; operation of a motor vehicle by an unlicensed driver; and having non-transparent window tint. Griffin was arrested at 1:09 p.m. on Nov. 14 on Ledge Road in Alabama. He was put in Genesee County Jail in lieu of $2,500 bail. The case was handled by Sheriff's Deputy Joseph Corona.

William David Conner, 64, of Harris Road, Le Roy, was arrested at 6:31 p.m. on Nov. 14 on Linwood Road in Le Roy and charged with: driving while ability impaired by alcohol, drinking alcohol in a motor vehicle while on a public highway, failure to dim headlights, and having inadequate tail lamps. He is to reappear in Le Roy Town Court on Dec. 21. The case was handled by Sheriff's Deputy Joseph Corona.

Michael William Godden, 38, of Edgemere Drive, Rochester, was arrested Nov. 18 at 11 p.m. after being stopped on Route 490 in West Bergen. He is charged with driving while intoxicated, first offense, refusal to take a breath test, and operating a motor vehicle without an inspection certificate. He was released under supervision of Genesee Justice. The case was handled by Sheriff's Deputy Joseph Corona.

A 17-year-old male who resides in Batavia is charged with criminal contempt, 2nd, and fourth-degree criminal mischief. He was arrested Nov. 18 after allegedly breaking a window at his mother's residence and then proceeding to yell at her and call her names, in violation of an order of protection which had been issued on Oct. 29 and was valid until 10/29/16. He was jailed in lieu of $500 bail. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey.

Frank F. Sposato III, 21, of Irwin Place, Huntington, was arrested today at 1:49 p.m. and charged with speeding and second-degree aggravated unlicensed operation. He was arrested following a traffic stop at 20 W. Main St. in Batavia and put in jail in lieu of $250 bail. The case was handled by Batavia Police Officer Eric Foels.

Kevin R. Larsen, 38, of Hall Street, Batavia, was arrested on Nov. 16 on a bench warrant, which was issued following an incident that occurred on Nov. 5 on Swan Street. He was put in jail in lieu of $1,000 bail. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Eric Hill.

Paul M. Gelardo, 30, of Valley View Lane, Batavia, is charged with: three counts of third-degree burglary, which are Class D felonies; one count of second-degree criminal mischief, also a Class D felony; and one count of fourth-degree grand larceny, a Class E felony. His arrest concludes several investigations in the Town of Stafford. It is alleged that between April and September of 2014 that Gelardo unlawfully entered three separate buildings and removed items from them and also damagedf equipment at a stone quarry when he was allegedly removing wire from it, according to a Sheriff's Office press release from Chief Deputy Jerome Brewster. Gelardo was identified as a suspect when DNA found at one of the burlgaries allegedly matched his. None of the missing items have been recovered. Gelardo was put in jail in lieu of $10,000 bail and is set to reappear in Stafford Town Court at 9 a.m. on Thursday, Dec. 10.

Lena Marie Evans, 28, of Vine Street, Batavia, is charged with making graffiti and third-degree criminal trespass. Today (Nov. 19), following the investigation of a graffiti and trespassing complaint near Route 98 in the Town of Batavia on CSX Railroad property, Evans was arrested on these charges. She allegedly went on railroad property without permission at 8 p.m. on July 15 and painted graffiti on a building. She was issued an appearance ticket and is scheduled for Town of Batavia Court at 1 p.m. on Thursday, Dec. 10. The case was investigated by Sheriff's Deputy Saile.

John Wesley Johnson, 59, of Pearl Street, Batavia, is charged with petit larceny, aggravated unlicensed operation, 3rd, and operating with a suspended registration. Johnson was arrested on Nov. 11 for allegedly stealing about $66 worth of merchandise from Walmart before leaving the story. He was stopped by Batavia Police Sgt. Dan Coffey and then arrested and jailed in lieu of $250 bail. The case was investigated by Sheriff's Deputy Christopher Parker assisted by Sgt. Coffey.

Paul A. Russo, 40, of Frewsburg, was arrested by state Troopers on Nov. 17 and charged with petit larceny. An arrest warrant was issued after he allegedly swapped his used sneakers for a pair of Nike Flex valued at $70 from Kohl’s Department Store on Oct. 23. No further information was released.

   Donnie Armstrong     Laura Fletcher

Two people were arraigned on drug dealing charges in County Court on Wednesday, following their arrests on warrants the night before.

Information on the investigation leading to their arrests has not yet been released.

Charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a narcotic drug with intent to sell, both Class B felonies, is Donnie Armstrong, 43, of East Main Street, Batavia. Armstrong is being held on $10,000 cash bail or $20,000 bond.

Also charged is Laura L. Fletcher, 41, of Holley Street, Lockport. She is charged with criminal sale of a narcotic drug and criminal possession of a narcotic drug with intent to sell. Her bail is $10,000 bash or $20,000 bond.

It's unknown at this time if the cases are related.

UPDATE 3:50 p.m.: The arrests of Donnie Armstrong and Laura L. Fletcher were made after the conclusion of an investigation into the sale of "crack" cocaine in and around the City of Batavia, according to a press release this afternoon from the Sheriff's Office. The investigation was done by the Genesee County Local Drug Enforcement Task Force -- comprised of officers from the Sheriff's Office, Batavia Police NET and Le Roy Village PD. The task force was also assisted in the investigation by state Parole and the DA's Office.

A 25-year-old Bethany man who was charged in January with reckless assault of a child and later accepted a plea deal was sentenced in County Court on Tuesday to one-and-a-third to four years in prison.

Anthony Dibble entered his guilty plea six weeks ago to attempted assault on a child in the second degree.

Dibble was accused of causing a brain injury to a 2-year-old female.

The child was said to be recovering from her injuries at the time of Dibble's initial arrest, said ADA Will Zickl at the time.

Dibble is the child's biological father, Zickl said; however, the child lives with her mother, who is not a Genesee County resident.

The parents are not married, Zickl said.

By mutual agreement, the toddler was staying with Dibble on an overnight visit in August of 2014.

 Abraham Martinez

Abraham R. Martinez, 31, of Alexander, is charged with assault, 2nd. Martinez was arrested by State Police following a month-long investigation into an incident in the Town of Orangeville. A female was struck in the mouth with a bottle, resulting in the need for dental surgery after she lost part of her front teeth. State Police were provided with the first and last name of a suspect but had no other information to go on. Troopers, with the assistance of Border Patrol agents, obtained information that indicated the suspect might be located at a farm in Alexander, where he had been employed for about two weeks. Martinez was located and arrested and processed in Warsaw. He was jailed on $10,000 bail.

Alicia Kimberly Urban, 30, of Main Street, Attica, is charged with petit larceny. Urban is accused of stealing $432.96 in merchandise from Kohl's.

Luke William Ritzenthaler, 32, of Route 237, Byron, is charged with aggravated family offense and criminal contempt, 2nd. Ritzenthaler allegedly had contact with a female by phone and letter in violation of a court order while incarcerated at the Genesee County Jail.

A 17-year-old resident of Exchange Street, Attica, is charged with petit larceny. The youth allegedly shoplifted at Walmart. The youth allegedly placed electronic merchandise in her purse and exited the store.

Kelvin B. Murphy, 42, of Ellicott Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Murphy allegedly pushed another person at 3:47 a.m., Nov. 8., at an address on State Street.

Gregory S. Yark, 51, of Roosevelt Avenue, Batavia, is charged with criminal possession of stolen property. Yark was arrested on a warrant. He was jailed on $1,000 bail. Yark was also charged with possession of a hypodermic instrument and criminal use of drug paraphernalia. Yark was allegedly found in possession of these items at the time of his arrest.

    Frank H. McEwan

An arrest has been made in a case involving two people who were assaulted by multiple people in the area of Harvester Avenue and East Main Street in the early morning hours of Oct. 25 after one of them had made a run to 7-Eleven from a Halloween costume party on Swan Street.

Charged with gang assault, 2nd, robbery, 1st, criminal possession of a weapon, 4th, and criminal use of a firearm and petit larceny is 16-year-old Frank H. McEwan, of 3 McKinley Ave., Batavia.

McEwan was arraigned in City Court and ordered held on $25,000 bail.

The alleged assault involved multiple people and there was possibly a handgun displayed. A victim's wallet was stolen. 

One victim was transported to UMMC and later transferred to ECMC with serious injuries. Det. Todd Crosset said the victim is doing medically fine and is recovering.

The Batavian exclusively reported on the alleged assault Oct. 28 and did a follow up two days ago reporting that an apparent lack of cooperation from witnesses was hampering that investigation. That story led to more calls to the police, which provided the break in the case leading to the arrest of McEwan, said Det. Eric Hill.

There remain other suspects at large, and the group of alleged attackers includes individuals described as black and as white.

A gang assault under New York penal code, means an assault perpetrated by three or more people. It does not necessarily mean the individuals involved have any sort of gang affiliation or would comprise a gang in the common use of the term.

The investigation is ongoing and police are still seeking witnesses or information from people who might know anything about the case. Those with information are asked to contact Det. Todd Crossett at (585) 345-6353.

An Albion man has been charged for alleged sexual conduct against a female at her Batavia residence while he was acting as an exterminator on Oct. 27. The victim in this investigation was unable to stop the conduct due to her medical condition(s).

Wayne A. Draper, 56, of Bacon Road, Albion, is charged with third-degree sexual abuse -- forcible touching, according to a press release issued this afternoon by Batavia PD.

He is in jail with $5,000 cash bail or $10,000 bond.

The defendant has been working on-and-off as an exterminator for various companies over the past 20 years. Due to the nature of the offenses, there is a concern that this may not be the first time a vulnerable female has been victimized in this manner. The defendant worked as an exterminator in Genesee, Orleans and Monroe counties during this time period. 

The Batavia Police Department is requesting any other person(s) who may have been abused to contact the department, their local law enforcement agency, or Det. Kevin Czora at 585-345-6311.    

The Batavia Police Department will not be releasing any information pertaining to the current or past employers of the defendant, nor any further victim information.

UPDATED Saturday, Nov. 14: The Batavia Police Department has learned that Wayne Draper had also worked in the Ontario County area.

Alfred B. Ranzenbach III was arrested Nov. 11 in Bergen by the New York State Police Bureau of Criminal Investigation and charged with felony grand larceny, 3rd. No further information was released.

Macy Fay Paladino, 34, of Clay St., Le Roy, was arrested Nov. 11 at 2:22 p.m. and charged with petit larceny and criminally using drug paraphernalia, 2nd, following a shoplifting incident at Target. Paladino allegedly stole merchandise from Target and during her apprehension, she was allegedly found with narcotic paraphernalia in her possession. She was put in jail in lieu of $500 cash or $1,000 bond. She is to reappear in Town of Batavia Court on Nov. 30. The case was investigated by Sheriff's Deputy Michael Lute, assisted by Deputy Christopher Parker.

   Marlek Holmes

Press release:

The City of Batavia Police Department is looking for the communities help in locating a level 3 sex offender who has failed to change his address and appear at the police department for his 90 day verification. Marlek Holmes is a male black about 5’7”, 160 pounds with a shaved head.  If he is seen out, you are asked to call 9-1-1. If anyone has additional information on where he may be located you are asked to call the confidential tip line at 585-345-6370. If the media is looking for any further information please contact me at 585-345-6353.

Ryan K. Darch, 23, of Hutchins Street, Batavia, is charged with third-degree assault. He was arrested after turning himself in on an arrest warrant issued by Batavia City Court. He was released under supervision of Genesee Justice and is to appear in City Court on Nov. 24. The case was handled by Officer Jason Davis.

Matthew S. Shaffer, 25, of South Swan Street, Batavia, is charged with endangering the welfare of a child, second-degree harassment -- physical contact, and criminal mischief -- intent to damage property. On Nov. 5 at 11:30 p.m., Shaffer was arrested after he allegedly broke a vehicle window while a child was sitting inside the vehicle, following a domestic incident. He was jailed on $1,000 bail. The case was investigated by Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Kevin R. Larsen, 38, of Hall Street, Batavia, is charged with resisting arrest and disorderly conduct. On Nov. 5, on East Main Street, the defendant was arrested after it was reported by residents on Swan Street that he was yelling obscenities and disrupting the neighborhood. The defendant then stood in the roadway in front of 400 E. Main St. allegedly obstructing vehicular traffic, then physically struggled with a police officer while being placed under arrest. The case was investigated by Officer Darryle Streeter, assisted by Officer Eric Bolles.

Daniel J. Wolfe, 41, of 209 Liberty St. upper, Batavia, is charged with second-degree harassment. On Nov. 5 at 6:18 p.m., Wolfe was involved in a disturbance on Hutchins Street wherein he allegedly struck another person in the face. He was subsequently arrested. The case was investigated by Officer Frank Klimjack, assisted by Officer Peter Flanagan.

Morgan S. Fallon, 18, of Washington Avenue, Batavia, is charged with second-degree harassment. On Nov. 8 at 7:25 p.m., Fallon was arrested after allegedly threatening another person during a verbal altercation in the 300 block of Ellicott Street. Fallon was issued an appearance ticket and is scheduled to be in City Court on Dec. 1. The case was investigated by Officer Jason Ivison, assisted by Officer Christopher Lindsay.

A 16-year-old female resident of Batavia is charged with second-degree harassment. On Nov. 8 at 6:25 p.m., the youth was arrested after she allegedly threatened another person during a verbal altercation in the 300 block of Ellicott Street. She was issued an appearance ticket and is due in City Court on Dec. 1. The case was investigated by Officer Jason Ivison, assisted by Officer Christopher Lindsay.

Brenda Y. Coloncruz, 42, of Swan Street, Batavia, is charged with DWI, refusal to take breath test, and driving on or across a sidewalk. On Nov. 6, Coloncruz was arrested on Swan Street during the course of an investigation into an unknown type of disturbance. She was put in jail in lieu of $1,500 bail. The case was investigated by Officer Jason Davis, assisted by Officer Daniel Coffey.

Adam D. Smart, 32, of Hutchins Street, Batavia, was arrested on Nov. 6 after he was found at a residence in violation of a complete stay away order of protection. He was jailed without bail. The case was investigated by Officer Christopher Lindsay.

Jamie M. Ficarella, 39, of Liberty Street, Batavia, is charged with petit larceny. On Nov. 6 at 10:36 a.m., Batavia police responded to the Kwik Fill on Jackson Street for the report of a customer stealing items. After reviewing the convenience store's surveillance system and further investigation, Ficarella was arrested for allegedly stealing two Cheez-It snack bags. Ficarella was issued an appearance ticket and is scheduled to appear in Batavia City Court on Nov. 17. The case was investigated by Officer Kevin DeFelice.

The police investigation into a reported assault two weeks ago that left one man with serious injuries has been stymied by a lack of cooperation from one of the victims and the failure of potential witnesses to come forward, said Det. Todd Crossett.

The Batavian reported on the assault Oct. 28, which reportedly involved a group of people attacking a young man returning from 7-Eleven to a Halloween party on Swan Street with pizzas and a friend who went out apparently looking for the attackers. That second man was hospitalized after he was attacked by a group of people.

The victim who was seriously hurt has cooperated with investigators, but the first reported victim, who was the person who contacted The Batavian about the case, has declined all interview requests with police and police have found it repeatedly difficult to get in touch with him.

Several people posted comments online indicating they know who the attackers are, but police attempts to contact those potential witnesses have been unsuccessful and none has voluntarily contacted police.

Crossett is asking that those potential witnesses please come forward and answer questions.

"I'd like to talk to you and find out how you might know who these people might be," Crossett said.

Crossett's direct line is (585) 345-6353.

The information contained in the original story on The Batavian about the attack is consistent with what the police have been able to learn so far, but without further cooperation from victims and witnesses, it will be difficult to successfully close the case, Crossett said.

Jason Andrew Barnhart, 28, of Pratt Road, Batavia, is charged with criminal mischief, 3rd. Barnhart is accused of damaging the structure and contents of a mobile home owned by another person. He was jailed on $15,000 bail.

David J. Gaetan, 43 and Chrissy A. Gaetan, 40, of Ontario, Canada, are charged with trespass. The couple is accused of bypassing no trespassing signs at Rolling Hills Asylum and entering the property without permission. Following arraignment in Town of Bethany Court, each paid a fine of $250 and were released.

Jeffrey Marrero, 21, of Norwood Avenue, Rochester, is charged with trespass. Marrero is accused of being on private property on Kelsey Road, Batavia, at 6:35 p.m. Oct. 28. Also charged was Mitchell J. Louis, 22, of Lincoln Road, Ontario, Canada.

Erica Michelle Raphael, 30, of Walnut Street, Batavia, is charged with petit larceny. Raphael is accused of stealing merchandise valued at $44.98 from the Shoe Dept.

Jerry Lee Wagner, 64, of Route 31 Holley, is charged with DWI and driving with a BAC of .08 or greater. Wagner was stopped at 6:09 p.m. Sunday on Route 77, Darien, by Deputy Bradley Mazur.

Michael Paul Fitzpatrick Sr., 40, of Howlan Street, Fonda, is charged with possession of more than 400 untaxed cigarettes, unlawful possession of marijuana and dark/tinted side windows. Fitzpatrick was stopped at 11:43 a.m. Nov. 5 on Route 77, Pembroke, by Deputy Patrick Reeves.

A Genesee County Sheriff's deputy and his dog helped law enforcement in Monroe County nab four burglary suspects yesterday morning who were thought to have broken into a house in Churchville and stolen two long guns and $5,000. 

Deputy Chris Erion and K-9 "Destro" were patrolling in Bergen along the county line after the report of the burglary in case the suspects came into Genesee County when a caller reported suspicious persons near the 7th hole of a golf course in Churchville.  

Destro pursued the suspects into the woods, Erion said, and tracked them until they exited the woods and surrendered to Monroe County deputies.

According to The Batavian's news partner 13WHAM, a homeowner called 9-1-1 about 11:30 a.m. to report four subjects in a house.

The suspects ransacked the entire home, ripping a U.S. Flag from its case and throwing it to the ground, 13WHAM reported.

Charged with second-degree burglary, third-degree grand larceny and fourth-degree grand larceny were 17-year-old Jordan McLin, 19-year-old Tyler Menke, 19-year-old Carman Stio, and 19-year-old Sean Seaman.

UPDATE: Statement released by the Monroe County Sheriff's Office:

On Monday, Nov. 9, around 11:30 a.m., deputies responded to a house on West Buffalo Street in Churchville for a burglary that had just occurred. The homeowner was returning home when he saw four suspects exit his house and run in a westerly direction.

One of the suspects was observed carrying a red backpack. The suspects ransacked the entire residence, removing a U.S. Flag from its case and throwing it to the ground. The homeowner is a U.S military veteran. Approximately $5,000 in valuable coins and money were stolen along with two long guns. Deputies immediately established a perimeter and Sheriff's K-9 arrived on scene. The suspects were tracked in a westerly direction.

A NY State Police helicopter assisted with the search. Because the search area was in close proximity to Churchville Elementary School, the school was temporarily placed in "locked out" status. After a final sweep of the area, the search was terminated.

Around 1:30 in the afternoon a citizen observed several suspicious individuals hiding in a wooded area near the #7 hole at Churchville Golf Course. Sheriff's deputies established a perimeter with the assistance of the New York State Police. Golf course employees offered golf carts to law enforcement to aid in the search.

The Genesee County Sheriff's K-9 responded to assist.

With a perimeter in place, the three suspects were pushed toward awaiting deputies and troopers and taken into custody. Jordan McLin, 17, Tyler Menke, 19, and 19-year-old Carman Stio, all of Greece, were arrested.

The suspects implicated a fourth individual, 19-year-old Sean Seaman, also of Greece. Seaman was arrested a short time later.

The four suspects were arraigned on charges of second-degree burglary, third-degree grand larceny and fourth-degree grand larceny. All four suspects were put in Monroe County Jail in lieu of $10,000 cash bail or $20,000 bond. Two back packs, one of them red, containing assorted coins and property were located near a trail by a barn.

The following morning deputies recovered the two long guns that were stolen from the residence. Two pellet pistols were also recovered along the K9 track.

   David Martin

A 54-year-old Batavia resident is facing an attempted assault on a police officer charge after allegedly trying to drive his vehicle away from a traffic stop while an officer's arm was inside the vehicle.

David J. Martin, of Elm Street, allegedly led law enforcement on a pursuit into Stafford, where he was stopped with the aid of spike strips.

Following arraignment on several charges, including DWI, Martin was jailed without bail.

The incident began with a traffic stop after a Le Roy PD officer observed a vehicle in the village without license plates. Martin was identified as the operator. The officer observed that it appeared Martin had been involved in some sort of altercation. During the investigation, officers came to believe Martin had been driving drunk. Martin was instructed to step out of the vehicle, which, at that point, had its engine shut off. Martin allegedly started the engine and while patrols attempted to prevent Martin from putting the vehicle in drive, Martin allegedly started driving away while an officer's arm was still in the vehicle. Martin allegedly continued on the roadway and patrols tried to get him to stop.

Charges against Martin include: attempted assault on a police officer, a Class D felony; DWI, second offense, a Class E felony; aggravated unlicensed operation in the first degree, a Class E felony; unlawful fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor; resisting arrest, a Class A misdemeanor; obstructing governmental administration in the second degree, a Class A misdemeanor; two counts of reckless driving, a misdemeanor; no distinctive plate, a violation; driver’s view obstructed, a violation; unsafe start, a violation; two counts of improper or unsafe turn/turn without signal, a violation failure to keep right, a violation; and refusal to take a breath test, a violation. Along with these charges, the Genesee County Sherriff’s Office has also charged Martin with: fleeing a police officer in motor vehicle in the third degree; speed over state limit/55 mph, a violation; and speed in zone, a violation.

Martin is scheduled to reappear in Town of Le Roy Court at 1 p.m., Nov. 19.