crime

Roberta Ann Goodman, 51, of East Main Road, Le Roy, is charged with driving while ability impaired by drugs -- with a previous conviction, a Class E felony. On Dec. 9 at 10:09 a.m., the Genesee County Emergency Dispatch Center received multiple calls of a motor vehicle being driven erratically westbound through the Town and Village of Le Roy. Le Roy Police Detective John Condidorio was able to catch up to the vehicle and initiate a traffic stop stop with the suspect vehicle on Main Road in Stafford. Sheriff's deputies arrived on scene and administered standardized field sobriety tests and Goodman was subsequently arrested. After being given a Drug Influence Evaluation at the jail by Deputy Matt Butler, a certified Drug Recognition Expert, Goodman was arraigned in Stafford Town Court and jailed in lieu of $2,500 cash bail. Additional charges are pending. In addition to Condidorio and Butler, the investigation by Deputy Ryan DeLong was assisted by Deputy Erik Andre and Deputy Kevin McCarthy.

Dustin L. Stump, 48, of State Street, Batavia, is charged with illegal disposal of items. He was arrested at 1:09 p.m. on Dec. 10 after allegedly illegally disposing of garbage in a privately owned dumpster. He was issued an appearance ticket for Batavia City Court and is due there on Dec. 18. The case was handled by Batavia Police Officer Marc Lawrence.

Mark S. Bradley, 58, of Pavilion, is charged with: criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; consumption of alcohol in a motor vehicle; and unauthorized stickers on windshield. He was arrested on Dec. 9 following a traffic stop on Warsaw Boulevard in the Village of Silver Springs. During the stop, he was allegedly found to be in possession of crystal meth, marijuana, marijuana paraphernalia, and an open container of alcohol. His vehicle was towed from the scene. He was processed at the Wyoming County Sheriff's Office and released to relatives. He was issued appearance tickets and is due in Village of Silver Springs Court on Jan. 7 to answer the charges. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan, assisted by Deputy Bradley McGinnis.

Shannon M. LaPaglia, 37, of Le Roy, was arrested at 6:22 a.m. on Dec. 9 by troopers out of SP Batavia and charged with DWI, unlawful possession of marijuana and vehicle and traffic infractions. Her arrest came after troopers responded to a property damage accident on Byron Road in the Town of Stafford. She allegedly failed standardized field sobriety tests. Troopers also allegedly located marijuana in her vehicle. She was transported to SP Batavia for processing and allegedly found to have a BAC of .13 percent. LaPaglia was released on an appearance ticket returnable to Stafford Town Court later this month.

Jason Lawrence McKenzie, 40, of Covell Road, Pavilion, is charged with petit larceny. He was arrested at 7:01 p.m. on Nov. 30 following a complaint at a retail store on Veterans Memorial Drive of shoplifting. He allegedly stole merchandise by passing all points of purchase without paying for the items. He was released on an appearance ticket and is due in Town of Batavia Court on Jan. 7. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Matthew J. Reed, 34, of State Street, Batavia, was arrested on a bench warrant out of Batavia City Court on Dec. 9. Police responded to an address on State Street for the initial report of a possible domestic incident. While there, he was taken into custody on the bench warrant. He was jailed on $500 cash or bond and was due in city court on Dec. 10. The case was handled by Batavia Police Officer Arick Perkins, assisted by Peter Flanagan.

J'zon A. Richardson, 20, of Central Avenue, Batavia, is charged with criminal contempt. He was arrested on Dec. 10 on a warrant out of Batavia City Court for an unspecified incident which occurred on Nov. 15 on Ellicott Street in Batavia. He was arraigned and jailed in lieu of $500 cash or $1,000 bond and is to return to city court at a later date. The case was handled by Batavia Police Officer Stephen Quider.

The arrest of John Duyssen, a retired deputy and current town justice in Le Roy, is the product of intrusive government rules that mandate a reporting requirement on adults in various government agencies on even slight suspicion of abuse, according to his attorney Thomas Burns.

"As his attorney, it is my firm belief that as this case progresses it will become apparent that this arrest is the product of the ever-growing expansion of government in the personal matters of families and governmental intrusion upon the child-rearing rights and responsibilities of parents," Burns said in a statement issued this afternoon.

Duyssen was arrested by State Police on charges of endangering the welfare of a child and harassment, 2nd. He is accused of striking a child.

The statement from Burns suggests that Duyssen is accused of harming a member of his family but Burns is prohibited from discussing details of the case, so couldn't confirm who might be involved or how the case came to the attention of authorities.

Burns did note that under current regulations, a number of adults who might come into contact with a child, either at school or through social services or other agencies, have mandatory reporting requirements if they think a child has been harmed.

Burns said Duyssen told him that after news of his arrest broke this morning he has received an outpouring of support from people from throughout the community who know him.

"John has expressed to me his deep appreciation for the hundreds of contacts he has received from individuals who have reached out to him to express their support since articles concerning his arrest were published," Burns said. "I believe that such support speaks volumes about the character and integrity of John Duyssen and his impeccable reputation in the community as a retired law enforcement officer, community leader, businessman and father."

Duyssen retired from the Sheriff's Office in 2015 after 21 years of service to the county in which he won several awards, including the Carl Drexler Award, one of the highest honors in the state for a sheriff' deputy for exceptional career achievements and conscientious devotion to duty.

His boss for all those years on the force was Gary Maha, retired Sheriff and current member of the County Legislature. Maha said today he was shocked by news of Duyssen's arrest. 

"I always thought he had impeccable character," Maha said. "He was a great deputy and did a lot for the community. There was never any indication that he would be involved in any kind of child abuse case at all."

Duyssen's community involvement over the years has largely focused on working with kids in agriculture, including the 4-H Club, particularly the Swine Club, and helping to organize and run tractor pulls at the Genesee County Fair.

He and his wife, Jessica, have adopted five children and fostered many others and there has never been another complaint against Duyssen in more than two decades of raising and supervising children. The Duyssens have raised their children on a family farm on Bater Road in Le Roy and for years grew strawberries that they sold at the farm.

Burns said his client will fight the charges.

"John intends to vigorously defend himself in the court on the baseless allegations filed against him and has the utmost confidence in the criminal justice system and the judicial process," Burns said.

Before the arrest went public, Duyssen notified his supervisors in the Unified Court System of his arrest and Burns said he intends to comply fully with any restrictions imposed by his supervising judges with respect to his judicial role while this matter is pending.

It will be up to the supervising judge to determine whether he can continue to hear criminal cases while his own case is pending.

Burns said Duyssen has no intention to resign.

As with most towns, there are two justices in the Le Roy Town Court. The other justice in Le Roy is Darryl Sehm.

Duyssen is scheduled to appear before Sehm on the pending charges at 1 p.m., Dec. 20.

Because of Duyssen's court position, the Genesee County District Attorney's Office is not prosecuting the case. Greg McCaffrey, the Livingston County district attorney, has been appointed special prosecutor.

Photo: File photo from 2015.

      John Duyssen

A Town of Le Roy justice and a retired Genesee County Sheriff's deputy has been arrested by State Police and charged with endangering the welfare of a child and harassment, 2nd.

John R. Duyssen, also a former Town of Le Roy board member, is accused of striking a 9-year-old child. The child reportedly suffered an injury.

Child Protective Services notified the State Police Bureau of Criminal Investigations, which opened an investigation. 

The timeframe of the alleged incident was not released, nor are State Police releasing details around the incident in order to try and avoid identifying the victim.

Duyssen was arraigned in Bergen Town Court and released on his own recognizance. An order of protection was issued. He's scheduled to appear in Le Roy Town Court later this month.

Jeremy G. Ives, 43, of Hutchins Street, Batavia, is charged with: felony DWI -- two previous convictions; aggravated unlicensed operation in the first degree; and following too closely. Ives was arrested at 6:23 p.m. on Dec. 8 on West Main Street in Batavia after a traffic stop. Ives was allegedly found to be operating his vehicle while intoxicated and he had a revoked driver's license. He was arraigned and jailed without bail and is due in Batavia City Court this afternoon (Dec. 10). The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

Quella SM Polk, 37, of Birchwood Drive, Batavia, is charged with second-degree harassment. Polk was arrested and issued an appearance ticket on the charge following a domestic incident in the gym at John Kennedy School at 10 a.m. on Dec. 8. Polk allegedly had unwanted physical contact with another person. Polk is due in Batavia City Court on Dec. 18 to answer the charge. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Dan Coffey.

James E. Baker, 56, of Summit Street, Batavia, is charged with DWI, DWI with a BAC greater than .08 percent, and driving with no headlights. He was arrested at 9:28 p.m. on Dec. 7 on Summit Street in Batavia after a traffic stop. He was issued appearance tickets and is due in Batavia City Court on Jan. 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Elizabeth M. Grattan, 28, of Liberty Street, Batavia, is charged with petit larceny. She was allegedly observed shoplifting at JCPenney at 11:36 a.m. on Dec. 4. She was arrested and issued an appearance ticket and is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Frank Klimjack.

Darrell J. Holloway, 50, of Farnsworth Avenue, Oakfield, is charged with petit larceny. He was arrested and issued an appearance ticket after a larceny at JCPenney at 1:36 p.m. on Dec. 4. He is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Jesus Francisco Macarlo Ixcolin, 26, of Horseshoe Lake Road, Stafford, is charged with second-degree strangulation. He was arraigned then jailed without bail on Dec. 6 for alleged actions at 6:15 a.m. on Sept. 17 on Horseshoe Lake Road. He is due in Stafford Town Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy James Stack.

Maleak Hakeem Green, 25, of West Main Street Road, Batavia, is charged with aggravated criminal contempt, a Class D felony, and aggravated family offense, a Class E felony. He was arrested on Dec. 6 for an incident which took place at 3:45 p.m. on Nov. 26 on Main Street Road, Batavia. He has been convicted of first-degree criminal contempt in the preceding five years. It is alleged that Green was in the presence of a female who is the protected party in a Genesee County Court Order of Protection that was served on Green. The case was handled by Genesee County Sheriff's Deputy Joseph Loftus.

Benjamin G. Evans IV, 30, of Evans Street, Batavia, is charged with petit larceny and third-degree burglary. On Dec. 7 following an investigation, Evans was arrested for an incident which occurred at 8:45 p.m. on Dec. 4 at Kohl's Department Store on Veterans Memorial Drive. He was arraigned and jailed in lieu of $10,000 bail and is due in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Austin Heberlein.

Judd Allen Farewell Jr., 27, of West Avenue, Medina, is charged with petit larceny. He was arrested on Dec. 6 for allegedly taking property from Kohl's Department Store at 3:07 p.m. that day. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 13. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Aaron Michael Draper, 28, of West Academy Street, Albion, is charged with petit larceny. He was arrested following a larceny complaint at Kohl's Department Store. It is alleged that on Dec. 6 at 3:07 p.m. that Draper stole merchandise and walked past the point of sale at Kohl's. He was released on an appearance ticket and is due in Batavia Town Court on Dec. 13. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Mary DelPlato is hoping a reader can help her recover her stolen bicycle, if not provide information to the police that leads to the arrest and prosecution of the perpetrator.

DelPlato said the bike looks just like the one in the photo but older.

She said it was stolen off of her front porch on Holland Avenue sometime between 7 and 8:30 p.m. on Monday.

If you have information that can assist in the case, call Batavia PD at (585) 345-6350.

Morgan R. Coles is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 26 in the Town of Bergen that Coles knowingly entered or remained unlawfully in The Firing Pin with the intent to commit a crime. In count two, he is accused of criminal possession of a weapon in the first degree, a Class B felony. It is alleged that on Oct. 3 in the City of Batavia that Coles possessed 10 or more firearms. In counts three through 15, Coles is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing firearms which had been defaced for the purpose of concealment or prevention of detection of a crime or misrepresenting the identity of the fireaarm. Respectively, these are: a KelTec model PF-9 9mm pistol; a Glock model 19 9 mm pistol; a Glock model 45 9 mm pistol; a Glock model 27 .40 S&W pistol; a Glock model 19c 9mm pistol; a Glock G17 9mm pistol; a Glock model G43 9mm pistol; a second Glock model 27 .40 S&W pistol; a Glock model G21 .45 ACP pistol; a Glock 30S .45 ACP pistol; a Glock model 17 9mm pistol; a Glock model 22 gen 2 .40 S&W pistol; and a Glock model 24 9 mm pistol. In count 16, Coles is indicted for third-degree criminal possession of stolent property, a Class D felony, for allegedly knowingly possessing 13 stolen firearms and the value of the property exceeded $3,000.

Thomas E. Brenkus is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on June 27 in the City of Batavia that he subjected another person to sexual contact by forcible compulsion. In count two, Brenkus is accused of forcible touching, a Class A misdemeanor. It is alleged in count two that on the same day in the city that he intentionally or for no legitimate purpose forcibly touched the sexual or intimate parts of another person for the purpose of degrading or abusing the person for the purpose of gratifying the defendant's sexual desire.

Edwin L. Stancliff is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on June 12 in the Town of Pembroke that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against another person. In count two, Stancliff is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two, that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against a second person. In count three, Stancliff is accused on second-degree menacing, a Class A misdemeanor. It is alleged in counts three and four, respectively, that on June 12 in the Town of Pembroke he intentionally placed or attempted to place two victims in reasonable fear of physical injury or death by displaying the crowbar. In counts five and six, respectively, Stancliff is accused of second-degree harassment for allegedly acting on that day with intent to harass, annoy or alarm the two victims with threat of physical contact. In count seven, the defendant is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count seven that, knowing a person is about to be called as a witness in a legal action or proceeding, the worngfully induces or attempts to induce, the person to avoid appearing or testifying. It is alleged that on Nov. 6, Stancliff sent a text message to a witness stating that the witness should not show up for the Grand Jury indictment and that if the person did, the person is "riding for the State" and that if the person was family they would not show up. In Special Information filed by the District Attorney, Stancliff is accused of having been convicted of third-degree menacing, a Class B misdemeanor, on Feb. 14, 2017 in Town of Pembroke Court and that conviction forms the basis for counts one and two of the current indictment.

Travis E. Kent, Jason N. Mann and David C. Edwards are indicted for the crime of attempted grand larceny in the third degree, a Class E felony. It is alleged that on July 3 on Broadway Road in the Town of Darien that these defendants attempted to steal property with a combined value in excess of $3,000 -- a Yamaha Wolverine four-wheeler and a Mongoose four-wheeler. In count two, they are accused of criminal possession of stolen property in the third degree, a Class D  felony. It is alleged in count two that the defendants knowingly possessed stolen property valued in excess of $3,000 -- a 2011 Chevrolet Impala. In count three, Kent, Mann and Edwardsare indicted for second-degree criminal mischief, a Class D felony. It is alleged in count three that the defendants intentionally damaged property belonging to another person and the damage exceeded $1,500 -- the 2011 Impala was damaged. In count four, they are accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly driving the Impala without the owner's consent.

Lisa D. Ayres is indicted for the crime of driving while intoxicated, a Class D felony. It is alleged that on July 21 in the Town of Darien that she drove a 2007 Chevrolet on Route 77 and on McGregor Road while intoxicated. In count two, she is accused of DWI, per se, a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Ayres is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license -- which had been suspended or revoked -- and for being under the influence of alcohol or a drug at the time. In count four, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count four that Ayres drove the 2007 Chevrolet which was not equipped with an ignition interlock device, which was required to have. In count five, Ayres is accused of the offense of refusal to submit to a breath test, a violation. It is alleged in count four that Ayres refused the request made by Genesee County Sheriff's Deputy Eric Meyer to submit to a breath test on July 21. In count six, Ayres is accused of the offense of failure to yield the right of way on a left turn. It is alleged in count six, that her failure to yield constituted an immediate hazard. In count seven, Ayres is accused of making an unsafe turn, a violation. In count eight, Ayres is accused of the offense of unsafe passing on the left. In Special Information filed by the District Attorney, Ayres is accused of having been convicted of DWI as a Class E felony on April 24, 2012, in County of Wayne Court. Also, she is accused of having been convicted of DWI, per se, as a misdemeanor on Nov. 18, 2009, in Town of Sodus Court. These convictions form the basis of the crimes alleged in the current indictment and the allegation that she knew her driver's license had been suspended or revoke by authorities due to the convictions.

Danielle R. Dixon is indicted for the crime of aggravated DWI, per se, as a Class E felony. It is alleged that on Aug. 27 on Main Street in the City of Batavia that Dixon rode a Yamaha motorcycle while having a BAC of .18 percent or more. In count two, she is accused of DWI as a Class E felony, in the same incident. In count three, Dixon is accused of operating a vehicle out of class, a violation. It is alleged in count three that the defendant rode the Yamaha without being the holder of a class of license which was valid for the operation of the motorcycle. In count four, she is accused of the offense of speeding at the time.

Joseph F. Chiodo is indicted for the crime of aggravated DWI, as a Class E felony. It is alleged that on June 20 in the Town of Pembroke that Chiodo drove a 2004 Chevrolet on Route 33 while intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a misdemeanor. It is alleged that when he drove on June 20 on Route 33 his ability to drive was impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting at that time in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Stacy L. Parks is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on June 27 in the Town of Darien that Parks drove a 2011 Ford on Route 20 while intoxicated and while a child age 15 or less was a passenger. In count two, Parks is accused of DWI, as a misdemeanor, for the same incident. In count three, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count four, Parks is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day which was likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Deborah S. Rodriguez is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Aug. 1 in the Town of Oakfield that Rodriguez drove a 2005 Nissan on Farnsworth Avenue while her driver's license was suspended and that she did so while impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count two, she is accused of driving while ability impaired by a drug, as a misdemeanor, for driving on Aug. 1 while her ability to do so was impaired by the use of a drug. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. It is alleged in count three that Rodriguez drove on Farnsworth Avenue that day while her ability to do so was impaired by the combined influence of drugs or of alcohol and drug or drugs. In Special Information filed by the District Attorney, Rodriguez is accused of having been convicted of DWI, per se, on July 5 in City of Batavia Court and her license was suspended. That suspension was still in effect on Aug. 1 pending prosecution of the crimes alleged in the current indictment.

Jay M. Blatchley is indicted for the crime of driving while ability impaired by the combined influence of drugs or alcohol and any drug or drugs, a Class E felony. It is alleged that on July 28 in the Town of Stafford that Blatchley drove a 2016 Toyota on Route 5 while his ability to do so was impaired by the combined influence of drugs. In Special Information filed by the District Attorney, Blatchley is accused of having been convicted of driving while ability impaired by drugs on Nov. 10, 2009, in the Town of Pembroke and that conviction was within 10 years of the crime alleged in the current indictment.

Michael J. Reeves is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Aug. 4 in the Town of Pembroke that he drove a 2009 Lincoln on Route 77 while intoxicated. in count two, he is indicted for DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Reeves is accused of first-degree aggravated unlicensed operation, a Class E felony, for having no valid driver's license, because it was suspended or revoked, at the time and while under the influence of alcohol or a drug. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of driving while ability impaired by the consumption of alcohol, an infraction, on Jan. 15, 2008, of Town of Sullivan Court. That conviction forms the basis of the driver's license revocation referred to in count three of the current indictment.

Andrew M. Cerrillo is indicted for the crime of drivng while intoxicated, as a Class E felony. It is alleged that on Aug. 14 in the Town of Stafford that Cerrillo drove a 2003 Toyota on Route 5 while intoxicated. In Special Information filed by the District Attorney, Cerrillo is accused of having been convicted of DWI, as a misdemeanor, on April 17, 2014, in the Town of Grand Island Court, and that conviction was within 10 years of the crime alleged in the current indictment.

Police are looking for a suspected shoplifter in the area of State Street, Batavia.

The subject is suspected of stealing an item from JCPenney, running from the store, and knocking an elderly female over as he fled.

He is described as a black male with a black backpack and camo pants.

An ambulance is requested to the store for an elderly female with a hip injury.

UPDATE 1:39 p.m.: A suspect is apparently in custody.

Douglas Goodwin Sr., 67, of Bank Street, Batavia, is charged with third-degree criminal tampering. Goodwin was located at his residence and arrested for allegedly throwing clothing and furniture that belonged to his Bank Street tenant outside at 11:20 a.m. on Oct. 28. This is said to have created a substantial inconvenience for his tenant to clean up and repair his property. Goodwin is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Marc Lawrence.

A 17-year-old male who lives on Walnut Street in Batavia is charged with: endangering the welfare of a child; second-degree harassment; two counts of fourth-degree criminal mischief; and first-degree coercion. The teen was arrested following an investigation into a domestic dispute that occurred at 8 p.m. on Nov. 30 on Lewis Place in Batavia. He was arraigned in Batavia City Court and jailed without bail and was due back in City Court on Dec. 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Flanagan.

Kevin J. Fickel, 37, of State Street, Batavia, is charged with petit larceny following an incident at JCPenney at 3:14 p.m. on Nov. 20. It is alleged that Fickel took two sets of cookware and exited the store without paying for the items. He is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Chad Richards.

Dalton C. Kelley, 21, of Chase Park, Batavia, is charged with second-degree harassment. Kelley was arrested at 3 p.m on Nov. 27 following an investigation into a report that he grabbed another individual and scratched them. He was released on an appearance ticket and is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Christopher Camp.

Leonard T. Masters, 49, of Split Rail Road, Painted Post, is charged with: DWI; aggravated DWI; failure to keep right; improper left turn; and failure to obey traffic control device. Masters was arrested at 12:52 a.m. on Nov. 23 on Ellicott Street in Batavia following a traffic stop. He was released on appearance tickets and is due in Batavia City Court on Dec. 12. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Lutey.

Andrew D. Vicary, 27, of East Main Road, Stafford, is charged with DWI, unsafe backing, and following too closely. He was arrested at 4:04 p.m. on Nov. 1 following an investigation into a three-car accident that occurred at the intersection of East Main Street and Swan Street in Batavia. He was arraigned and released on his own recognizance. He was due in Batavia City Court on Nov. 2. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Alyssa M. Harnish, 30, of Ellsworth Avenue, Batavia, is charged with petit larceny. She was arrested at 12:30 p.m. on Nov. 28 following a shoplifting complaint at Tops Friendly Market in Batavia. She was released on an appearance ticket and is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Jason Ivison.

Jessica L. Holtz, 35, of Williams Street, Batavia, was arrested on Nov. 28 on a bench warrant for alleged failure to appear in Batavia City Court. She was arraigned and put in jail and is due in back in court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Felicia DeGroot.

Aretha Jackson, 41, of Main Street, Oakfield, was arrested on Nov. 20 on an active bench warrant issued out of Batavia City Court. It is alleged that Jackson failed to appear for a court date scheduled on Sept. 5. She was arraigned in City Court and jailed in lieu of $250 cash or bond. She was due back in court on Nov. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Jamie Givens.

Jessica L. Connolly, 40, of Bank Street, Batavia, was arrested on Nov. 28 on a bench warrant after allegedly failing to appear in Batavia City Cpourt for a traffic misdemeanor and other traffic violations. She was released on her own recognizance and was due back in court on Nov. 28. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Marc Lawrence.

Brandon D. Brewer, 29, of Maple Avenue, Medina, is charged with unlawful possession of marijuana. Brewer was arrested at 2:54 a.m. on Nov. 18 on East Main Street in Batavia while patrols were investigating an accident. He is due in Batavia City Court on Dec. 5 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.

      Adam McGill

A Batavia resident who has served three prior prison terms was arraigned in County Court this morning on a sealed grand jury indictment for alleged drug dealing.

Adam McGill, 40, is charged with single counts of criminal possession of a controlled substance, 3rd, and criminal sale of a controlled substance, 3rd.

He is accused of selling narcotics on an occasion in February.

McGill first prison term came after a conviction in Genesee County on charges of attempted criminal possession of a forged instrument, 2nd, and attempted burglary, 3rd, in 2001.

In 2003, he was convicted of criminal possession of a forged instrument and sent to state prison again.

His last felony conviction was for criminal sale of a controlled substance, 3rd, in 2012 in Wyoming County. He served three and a half years at Groveland and was released from parole in February 2017.

In arguing for $10,000 bail for McGill, Public Defender Jerry Ader pointed to McGill's nearly two years of unsupervised freedom since then, but Assistant District Attorney Kevin Finnell countered that McGill has 19 total arrests, which includes 15 felony counts, and three failures to appear on prior court cases, including one that required an arrest on a warrant.

Judge Charles Zambito set bail at $25,000 cash or $50,000 bond.

NOTE: There's been no press release yet from the law enforcement agency that investigated this case. When there is one we will update this post with any new information.

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with possession of obscene sexual performance by a child and use of a child in a sexual performance, both felonies. He was arraigned on the charges on Nov. 29 in Batavia Town Court. Somerton was initially arrested and arraigned on five counts of disseminating indecent material to a minor on Oct. 31 after investigation into a sex offense that occurred in the Town of Batavia Oct. 13. The new charges stem from further investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Alvin Ezra Way, 57, of Bank Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 9:06 p.m. on Dec. 1 on Colonial Way in Batavia for allegedly violating an order of protection by having personal contact with the protected party. He was issued an appearance ticket for Dec. 17 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Erik Andre.

Christie Lynn Daniels, 22, of Council House Road, Basom, is charged with: DWI, speeding in excess of 55 mph, and unlicensed operation -- driving without a license. At 1:59 a.m. on Dec. 2 on Lewiston Road in Batavia, Daniels was stopped by Genesee County Sheriff's Deputy Ryan Young for allegedly speeding. After an investigation, it is alleged that Daniels was driving without a license and while intoxicated. She was issued appearance tickets for Dec. 17 in Batavia Town Court. Deputy Young was assisted in the case by Deputy Austin Heberlein.

Trisha A. Park, 26, of Le Roy, was arrested in the evening on Nov. 30^th by the Le Roy Police Department and charged with: aggravated driving while intoxicated with a child passenger under 15 years of age inside the vehicle, a class E felony; operating a motor vehicle impaired by drugs and endangering the welfare of a child -- both misdemeanors; unlawful possession of marijuana and inadequate headlights on a motor vehicle, both violations. At approximately 5:45 p.m. on Nov. 30^th, patrols observed a vehicle operating without a headlight on Wolcott Street in the Village of Le Roy. Patrols initiated a traffic stop and interviewed the operator. While speaking with the operator, patrols allegedly noticed a strong marijuana odor emanating from the vehicle. A vehicle search would allegedly reveal marijuana as well as marijuana paraphernalia. After a brief investigation it was allegedly determined that Park was impaired by drugs. Park was taken into custody without incident and was evaluated by a Drug Recognizant Expert. Park was arraigned in Le Roy Town Court and released under supervision. Park is due back in court on Dec. 20^th.

Frank L. Cortright, 60, of Route 77, Alabama, is charged with fourth-degree criminal mischief. It is alleged that at 12:15 p.m. on Nov. 30 on Pratt Road in Pembroke that Cortright intentionally damaged property belonging to another individual. He was issued an appearance ticket returnabled to Pembroke Town Court on Dec. 11. The case was handled by Genesee Coounty Sheriff's Deputy Travis DeMuth.

Stephen Michael Milroy, 24, of Perry Road, Pavilion, is charged with seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana. At 3:42 a.m. on Dec. 1, Milroy was arrested on Park Road in Batavia after investigation into a report of an unconscious male sleeping in his vehicle in the Batavia Downs' parking lot. Milroy was processed at the jail and issued appearance tickets returnable to Batavia Town Court on Dec. 17. The case was handled by Deputy Andrew Mullen.

Christopher Jai Shawn Middleton, 24, of Dumont Avenue, Brooklyn, is charged with unlawful possession of marijuana and speeding. The defendant was stopped at 8:35 a.m. on Sumner Road in Darien on Nov. 29 for allegedly speeding. Investigation allegedly revealed he possessed marijuana. He was issued an appearance ticket returnable to Town of Darien Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Michelle Ann Case, whose criminal case goes back to 2011, still owes her former employer, HomeCare & Hospice, in the neighborhood of $14,000 but her restitution has yet to be placed on a payment plan by a judge and such a plan was delayed again in County Court this morning.

The 50-year-old Case has been through two trials, convicted twice but the first conviction was overturned on appeal.

This morning Judge Charles Zambito ordered Case to prepare a financial affidavit to help him determine appropriate monthly payments and set a hearing for 9:45 a.m., Dec. 18.

Meanwhile, Public Defender Jerry Ader, representing Case, is challenging Zambito's jurisdiction to order restitution payments.

Because Case has moved a couple of times since her jury trial conviction in July 2016 her probation was transferred to Erie County and then to Niagara County.

She is no longer on probation.

Ader contends that since she was last on probation in Niagara County, the county court in Niagara County has jurisdiction over restitution. He said there is no legal mechanism to transfer jurisdiction back to a court in Genesee County.

District Attorney Lawrence Friedman disagrees. He argued that legal precedent doesn't cover jurisdiction over restitution just other matters related to probation.

Ader said he will prepare a written memo for Zambito on his interpretation of legal precedent for Zambito to consider prior to the Dec. 18 hearing.

Case was convicted of falsifying business records in order to increase her compensation from HomeCare & Hospice. She said the inaccurate records were not her fault.

      Jack Benson

A 60-year-old Pavilion man has been arrested and accused of illegally selling fentanyl in Genesee County.

Jack E. Benson, of St. Mary's Street, Pavilion, is charged with three counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Benson was taken into custody on an arrest warrant stemming from a sealed grand jury indictment following a traffic stop this afternoon in Stafford.

He is accused of selling fentanyl to an agent of the Local Drug Task Force on three different occasions. 

At the time of the stop, he was allegedly in possession of 24 doses of heroin and $1,300 in cash. 

Jolynn M. Gorski, 38, of Batavia, was reportedly a passenger in Benson's vehicle at the time of the stop. She was allegedly found in possession of drug paraphernalia and charged with criminal use of drug paraphernalia.

Benson was arraigned in County Court by Judge Charles Zambito and ordered held in the Genesee County Jail without bail. 

Additional charges are pending.

The arrest was the result of an investigation by the Local Drug Task Force. The task force was assisted by Batavia PD and the District Attorney's Office.

A 16-year-old male who lives in Bergen was arrested and charged with second-degree harassment at 12:40 p.m. on Nov. 14. He allegedly grabbed and shook a teacher's head during class at Byron-Bergen High School. He was arraigned in Bergen Town Court and an order of protection was issued for the teacher. The teenager is due in Bergen Town Court at 5 p.m. on Dec. 12. The case was handled by Genesee County Sheriff's Deputy Matthew Butler.

Rodney Scott Schwartz, 53, of Broadway Road, Alexander, is charged with: DWI -- second offense within 10 years; aggravated unlicensed operation in the first degree; and open container of alcohol in a vehicle. Following an investigation into a domestic incident at 6:55 p.m. on Nov. 25, Schwartz was arrested on these charges and jailed on $1,000 cash bail or $2,000 bond. He was due in Alexander Town Court on Nov. 29. The case was handled by Genesee County Sheriff's Deputy James Stack.

Sara Rae Tombari, 21, of Roanoke Road, Pavilion, is charged with third-degree bail jumping. She was arrested after failing to appear for a scheduled court appearance. She was arraigned at 1 p.m. on Nov. 27 in Batavia City Court and jailed in lieu of $2,500 bail. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Sgt. Ronald Meides.

Joseph Michael Smith, 42, of Colonial Lane, Bath, is charged with third-degree bail jumping. He was arrested after failing to appear for a scheduled court appearance. He was arraigned at 12:50 a.m. on Nov. 28 in Batavia Town Court and jailed in lieu of $1,000 bail. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

A 14-year-old Byron girl who was the subject of an Amber Alert earlier today has been located safe, according to Sheriff Bill Sheron.

He said more information will be released soon.

The 22-year-old man, Guillermo Torres-Acevedo, suspected of taking her away from a location on West Bergen Road, Byron, has also been located.

UPDATE: The girl and Torres-Acevedo were located in Mansfield, Pa., by Pennsylvania State Police. Torres-Acevedo was taken into custody on a warrant and is being held pending extradition. The girl is returning to Genesee County. 

Assisting in the investigation, the New York State Police and U.S. Secret Service. Additional charges are pending.

        Guillermo Torres-Acevedo

UPDATE 7:15 p.m.: Amber Alert canceled. The girl has been located and is safe. The suspect has also been located.

The suspect in the disappearance of a 14-year-old girl from Byron shaved his head before this morning, according to Sheriff Bill Sheron.

This evening, the Sheriff's Office released an updated photo of Guillermo Torres-Acevedo with short hair and a trimmed Van Dyke-style goatee. 

According to the Sheriff's Office, Kamerie Elliot willingly got into Torres-Acevedo car at about 8 a.m. today and left with him and hasn't seen since.

She is considered in "imminent danger or serious harm and/or death" and an Amber Alert has been issued.

The suspect vehicle is a blue Dodge Journey are New York HHP5458.

Kamerie currently has hair that is dyed cotton-candy blue.  

If you have information or spot the vehicle or either individual, call 9-1-1 or (585) 343-5000.

For more information, our previous story: Girl from Byron missing after leaving with man ordered to stay away from her

This is not a picture of the vehicle but it looks like the vehicle in this photo.

UPDATE 7:15 p.m.: Amber Alert canceled. The girl has been located and is safe. The suspect has also been located.

The Sheriff's Office believes a 14-year-old Byron girl was allegedly abducted this morning from a location on West Bergen Road, Byron by a 22-year-old man driving a blue Dodge Journey.

She is considered in "imminent danger or serious harm and/or death" and an Amber Alert has been issued.

Kamerie Elliot is described as 4 feet, 11 inches tall and 140 pounds. She normally has brown hair but recently dyed it a cotton-candy blue.

The suspect is Guillermo Torres-Acevedo, who has black hair and brown eyes. He is approximately 5 feet, 6 inches tall and weighs 180 pounds.

The license plates of the Dodge Journey are New York HHP5458.

According to Sheriff William Sheron, Kamerie and Torres-Acevedo knew each other and Torres-Acevedo had been arrested by State Police on Monday in connection with that an incident involving the girl.

According to State Police public information officer for Troop A, James O'Callahan, the Bureau of Criminal Investigations received a tip from the National Center for Missing and Exploited Children and BCI opened an investigation into Torres-Acevedo's activities. Torres-Acevedo was arrested and charged with endangering the welfare of a child.

He was jailed on $5,000 bail and issued a complete stay away order as a result of the charge.

This morning, Kamerie apparently got into his car willingly at about 8 a.m.

The car was last seen traveling northbound on West Bergen Road. 

Town of Batavia Justice Tom Williams this morning signed an arrest warrant for Torres-Acevedo for the alleged violation of the stay away order.

If you have information or spot the vehicle or either individual, call 9-1-1 or (585) 343-5000.

UPDATE 3:21 p.m.: The suspect may have shaved his head this morning, according to Sheron.

This is not a picture of the vehicle but this photo looks like the suspect vehicle.

Daphne Sundown, of Basom, was arrested on Nov. 24 and charged with aggravated DWI -- with a BAC of .18 percent or greater, and criminal possession of a controlled substance in the seventh degree. Troopers responded to a report of a vehicle accident on Greiner Road at the intersection of Goodrich Road in Clarence. Investigation revealed that she rear-ended another vehicle that was stopped at the light. Sundown subsequently allegedly failed field sobriety tests. During a search a small amount of cocaine was found on Sundown and in the vehicle. She was released with a return court date in Clarence.

Isaiah P. Petty, 21, of Van Schoick Avenue, Albany, is charged with unlawful possession of marijuana and drinking alcohol in the motor vehicle on a highway. Petty was arrested at 3:30 a.m. on Nov. 24 on Main Street in Batavia following a traffic stop. Petty was issued an appearance ticket and is due in City of Batavia Court on Dec. 18. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

  Samuel Blackshear

The attorney for the teenager accused of shooting murderer Nathaniel Wilson in the leg on May 17 on Central Avenue reached an 11th-hour plea agreement with District Attorney Lawrence Friedman today, saving his client a trial on felony assault charges. 

Jury selection was scheduled to begin today for Samuel Blackshear, 17, who was indicted by a grand jury on counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree.

Today, Blackshear entered a guilty plea to one count of criminal possession of a weapon with the understanding that he could be granted youthful offender status, which could mean probation or a 1 1/3 to four-year prison term, but if he isn't granted YO he faces at least three and a half years in state prison.

Whether Blackshear is declared a youthful offender will be entirely up to Judge Charles Zambito, who will issue his decision at Blackshear's sentencing at 2:30 p.m., Jan. 23, and Zambito, given the severity of the criminal possession of a weapon charge, can only reach that conclusion if he's convinced there were mitigating circumstances to justify Blackshear's possession of a loaded handgun.

Blackshear did not have a license to possess a handgun and at 17; he's too young to obtain a license to possess a loaded handgun.

His attorney, James Hinman, of Webster, will argue, he said, that there was justification, the mitigating circumstances necessary for Zambito to reach that conclusion.

Outside of court, Hinman explained that the video obtained from the pole camera placed by Batavia PD on Central Avenue just a day before the incident shows Wilson stabbing 41-year-old Terry J. Toote twice (Friedman said Toote was only stabbed once), killing him, and after dropping the knife, Wilson picks it up, walks into the middle of Central Avenue and starts approaching three other people in the street.

Toote, according to Hinman, is Blackshear's uncle. Friedman said he doesn't believe that is accurate.

"The video clearly shows (Wilson) threatening those other three people with that knife," Hinman said. "That is clearly, to me, a circumstance under which using deadly physical force to defend someone else is permitted under the law."

If the case had gone to trial, Hinman was expected to argue that Blackshear was justified in shooting Wilson but that only would have been a defense on the assault charge and the criminal possession of a weapon with intent to harm another person charge.

As Friedman explained after the hearing, "As you heard the defense attorney say, they were going to raise a justification defense, defense of yourself for others, and that would address the attempted assault first, the assault second, and also the one weapon possession charge that requires intent to use unlawfully, because if you are justified in the use then it wouldn't be unlawful use. But he realized that there was no defense to the possession of a loaded firearm outside of your home or place of business."

Wilson and Blackshear were two of the three defendants taken into custody after the May 17 incident. Also arrested was Jennifer Urvizu-Hanlon, 48, a Batavia businesswoman who owned a Mexican grocery store in the Valu Plaza.

Urvizu-Hanlon is accused of giving her licensed handgun to Blackshear at the Central Avenue scene.

She is charged with two counts of criminal possession of a weapon in the second degree, both Class C violent felonies.

Her attorney, Christian Kennedy, has indicated at previous court appearances on her behalf that he also intends to raise the justification defense if the case goes to trial.

Hinman thinks that in defending his client he could easily have convinced a jury that Blackshear was justified in shooting Wilson.

"All I would really need to have done is play the video, identify who Mr. Wilson is, who's Sammy, and that should have been the end of it," Hinman said.

Friedman said what Blackshear pled guilty to was actually one of the more serious charges of the indictment. 

"It's a Class C violent felony," Friedman said.

If Blackshear fails to abide by the terms of his release on bail while awaiting sentencing he could lose his chance for youthful offender status and the maximum prison term for the charge is 15 years in prison.

Friedman said he couldn't discuss whether at this point whether he will support, oppose, or be neutral on Blackshear's application for youthful offender status.

So far, Friedman said, he's satisfied with the outcomes of the prosecutions in the Central Avenue cases.

"We have taken care of two of the three defendants and I obviously feel they were appropriate dispositions," Friedman said. "As you know Nathaniel Wilson pled guilty to murder and got 20 to life."

CORRECTIONS: We corrected the sentencing options for Blackshear to include that he may still receive a prison sentence even if declared a Youthful Offender and that if YO is not granted the minimum term is 3 1/2 years.  We corrected the first name for Terry Toote. While Mr. Hinman said that Mr. Toote was stabbed twice, Mr. Friedman says he was only stabbed once. On two occasions, Mr. Hinman has referred to Mr. Toote and Mr. Blackshear's uncle, Mr. Friedman said he doesn't believe that's accurate.

Previously:

• One victim dies; Gunshot victim reported on Pringle and Central avenue in the city
• Man charged with murder in stabbing death on Central Avenue
• Local business owner accused of giving gun to 17-year-old who allegedly shot man on Central Avenue
• Man accused of murder on Central Avenue arrested previously in knife attack in Batavia
• DA: Dispute on Central Avenue that led to death of Batavia man was brewing
• Central Avenue murder suspect denied bail, shooting suspect's bail set at $100K, alleged gun provider is $50,000
• Central Avenue murderer sentenced to at least 20 years in prison
• Shooting at murder scene was to protect other people, defense attorney suggests during hearing
• Attorney for Urvizu-Hanlon attempting to suppress statements she may have made to police

      Todd Englerth        Philip Serverino

A Stafford man was arrested Tuesday after allegedly struggling with a Le Roy police officer and leading him on a chase behind the Tops Market at 128 W. Main St., Le Roy.

Todd M. Englerth, 46, criminal possession of a weapon, 3rd, criminal possession of a control substance, 7th, obstructing governmental administration, 2nd, assault 3rd, and resisting arrest.

The incident began at 1:50 p.m. when the police officer spotted a white Ford pickup parked in the fire lane, a no parking zone, in front of the store.

Englerth was reportedly sitting in the passenger seat when the officer approached. The passenger told the officer that the driver, whom he identified as Phillip J. Severino, of Corfu, was in the store. 

According to the officer, during the interview, he observed brass knuckles in the armrest of the pickup in plain view.

When Severino came out of the store, the officer interviewed both Severino and Englehart in an attempt to determine who owned the brass knuckles.

During the investigation, the officer discovered Severino was allegedly in possession of a loaded handgun. Severino was detained and placed in the officer's patrol car.

The officer then attempted to detain Englerth, who allegedly refused to comply with the officer's verbal commands and then physically resisted.

The officer informed Englerth he was under arrest and Englerth allegedly continued to resist.

Multiple citizens attempted to assist the officer in restraining Englerth, according to Le Roy PD's report on the incident. 

Englerth reportedly broke free and ran.

The officer gave chase and he shot his taser at Englerth but with no effect.

Englerth reportedly ran into the woods behind the store. There was another struggle and the officer deployed his taser again, this time with effect.

Englerth was taken into custody as a result.

During the investigation, Englerth was allegedly found in possession of cocaine. 

The DEC's K-9 assisted in the investigation.

Severino and Englerth were arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Severino, 42, was charged with criminal possession of a weapon, 3rd.

Le Roy PD was assisted by the Sherif's Office and State Police.

Le Roy PD also thanked the citizens who attempted to assist at the scene.