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Law and Order: Two adults accused of allowing three children to physically fight on Lewis Place

By Billie Owens

Christopher P. Thomas, 37, was arrested June 11 and charged was endangering the welfare of a child. It is alleged that at 6:37 p.m. on May 13 that Thomas allowed three children to engage in a physical fight with another person on Lewis Place in Batavia. Thomas was issued an appearance ticket and is due in Batavia City Court on June 22.

Nicole R. Griffin, 39, was arrested June 12 and charged was endangering the welfare of a child. It is alleged that at 6:37 p.m. on May 13 that Griffin allowed three children to engage in a physical fight with another person on Lewis Place in Batavia. Griffin was issued an appearance ticket and is due in Batavia City Court on June 22.

Brandon Crawford, 19, was arrested June 15 and charged with petit larceny. It is alleged that at 6 p.m. on June 1 on Kingsbury Avenue that Crawford took a sum on money from residence while he was house sitting for a family on vacation. He was processed, issued an appearance ticket returnable to Batavia City Court July 6, and then released.  

Tierance J. Davis Sr., 34, was arrested at 5:52 p.m. June 8 and charged with endangering the welfare of a child. He was arrested after a physical altercation that day with a juvenile female on North Lyons Street in Batavia. Following his arraignment in Batavia City Court, he was released on his own recognizance. He due to return to court July 15.

Angie Maniaci, 39, was arrested at 3:37 p.m. June 12 by Batavia Police Officer Peter Post on Chandler Avenue in Batavia and charged with second-degree harassment. It is alleged she struck another person after a brief argument. Maniaci was issued an appearance ticket for Batavia City Court and is due there June 22.

Shawn P. Wolcott, 38, was arrested at 11:30 p.m. June 11 on West Main Street Road in Batavia and charged with second-degree criminal contempt and resisting arrested. It is alleged that he violated a stay away order of protection by coming to the protected party's residence. Wolcott then allegedly resisted arrest when officers attempted to take him into custody. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in court July 1.

Robert Williams Jr., 30, was arrested at 1:51 a.m. June 13 on Hutchins Street, Batavia. He is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI common law; aggravated unlicensed operation in the first degree; and operating/using/leasing/renting, or was loaned, a vehicle without a required ignition interlock device. The arrest follows a traffic stop after a patrol allegedly observed traffic violations. Williams was released with traffic tickets and is due in Batavia City Court on June 22.

Danielle Weldon, 19, was arrested at 9:24 p.m. June 10 on West Main Street in Batavia and charged with second-degree harassment. Batavia Police Officer Peter Post arrested Weldon after an unspecified incident at a local restaurant. She was issued an appearance ticket and was due in Batavia City Court on June 15.

Jacob Hernandez, 26, was arrested by Batavia Police Officer Peter Post June 9 on a bench warrant out of Batavia City Court. It stems from an unspecified incident at 5:52 a.m. Sept. 22 on Jackson Street in the City of Batavia. After his arraignment June 9, Hernandez was released on his own recognizance. He was due back in city court June 17.

Heather Holbrook, 36, was arrested on a warrant out of Batavia City Court at 9 a.m. June 2 on West Main Street in Batavia. Holbrook is accused of failing to appear in court May 12 for an unspecified incident that occurred Jan. 14. She was issued an appearance ticket for a later date (unspecified) and then released.

Pembroke teen accused of unlawful imprisonment, criminal contempt, having high capacity ammo device

By Billie Owens

Christopher C. Good, 19, of Cohocton Road, Pembroke, was arrested June 8 and charged with unlawful imprisonment in the second degree, a Class A misdemeanor, stemming from an incident that occurred earlier that day. He was arraigned virtually by Bergen Town Court and released on his own recognizance. A subsequent investigation led to the Genesee County Sheriff's Office executing a search warrant on his residence June 15. Good was allegedly found in possession of a firearm, in violation of a previously served order of protection, and in possession of a high capacity ammunition feeding device. Good was arrested and charged with second-degree criminal contempt, a Class A misdemeanor, and criminal possession of a weapon in the third degree, a Class D felony. Good was arraigned virtually in Genesee County Court and remained in custody of the Sheriff's Office, jailed in lieu of $2,500 cash bail or $5,000 bond. The county DA's office assisted in the investigation.

Stephen J. Rucinski, 38, of West Main Street, Le Roy, is charged with three misdemeanors and a violation, respectively: criminal possession of a controlled substance, 7th; obstructing governmental administration in the second degree; aggravated unlicensed operation in the second degree; and no or inadequate license plate lamps. At 12:59 a.m. on June 9, Genesee County Sheriff's Deputy David Moore attempted to conduct a traffic stop of a vehicle in the area of Selden Road and Route 19 in the Town of Le Roy. The operator, Rucinski, allegedly fled from the vehicle into a wooded area north of Selden Road. Deputy Nicholas Chamoun, Deputy Andrew Mullen and K-9 Frankie arrived on scene to assist locating the defendant. Following a successful track by K-9 Frankie, Rucinski was taken into custody without incident. It is alleged that he was in possession of a controlled substance at the time of his arrest and that he was driving with a suspended NYS driver's license. He was released with appearance tickets returnable to Le Roy Town Court July 6. Also assisting in this case were Sheriff's Sgt. Andrew Hale and members of the Le Roy Police Department.

Family dog struck and killed in Darien, car driver sought

By Howard B. Owens

Photo removed at the request of the homeowner who owns the camera.

The family of a dog that was struck by a car and killed on Harper Road in Darien yesterday is looking for the public's assistance in identifying the hit-and-run driver.

The dog belonged to the daughter of Heidi DeAngelo. The daughter saw a blue sedan, possibly the one in the photo above (perhaps a Chevy Impala) strike the dog. The photo comes from a neighbor's security camera. The driver did not stop, according to DeAngelo.

A complaint has been filed with the Sheriff's Office.

"We are really hoping someone out there will see it and either feel guilty and confess, or knows the person who hit him," Heidi DeAngelo said.

Anyone with information is asked to call the Sheriff's Office at (585) 345-3000.

Law and Order: Darien man charged with attempted aggravated assault and menacing deputies

By Billie Owens

Dean Matthew Conboy (inset photo, right), 56, of Harper Road, Darien, is charged with: two counts of attempted aggravated assault upon a police officer; two counts of menacing a police officer; unlawful imprisonment in the first degree; second-degree menacing; attempted assault in the second degree; three counts of criminal possession of a weapon in the fourth degree; and obstructing governmental administration in the second degree. At 7:19 a.m. June 11 on Harper Road in Darien, Conboy was arrested after allegedly menacing a person with a butcher knife and attempting to cause physical injury, resulting in the victim barricading themselves in a bedroom. It is also alleged that the defendant attempted to cause serious physical injury to deputies and placed them in reasonable fear of physical injury and death as he grabbed and armed himself with a butcher knife while deputies struggled to take him into custody. After arraignment in Genesee County Court, Conboy was put in jail on $10,000 bail, $40,000 bond or $60,000 partially secured bond. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Robert Henning and Investigator Kevin Forsyth.

Kevin McCoy, 54, was arrested at 7:30 p.m. June 8 and charged with second-degree menacing and criminal possession of a weapon in the third degree. It is alleged that he threatened three people with a knife during an argument in a parking lot on East Main Street. He was arraigned in Batavia City Court and put in jail without bail. McCoy was due back in court June 10.

Jason Jones, 50, was arrested at 6:30 p.m. June 3 on charges of criminal possession of a weapon in the third degree and unlawful possession of fireworks. The charges stem from an incident where Jones was being taken into custody on an unrelated matter. Officers allegedly found a collapsible baton and fireworks in Jones' vehicle. He was processed at Batavia Police Headquarters and arraigned in Batavia City Court. He was put in jail on $5,000 bail, $10,000 bond, or $20,000 partially secured bond. He is due back in court July 1.

Jeffery Michael Johnson, 33, of Forest Avenue, Oakfield, is charged with criminal possession of a controlled substance in the seventh degree and possession of a hypodermic instrument. At 5:53 p.m. June 10, Johnson was arrested on Forest Avenue following a home check by GC Probation and the Sheriff's Office. Allegedly, they found fentanyl and 13 hypodermic needles in the bedroom and in his vehicle. He was issued an appearance ticket and is due in Oakfield Town Court on July 12. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Jason Jones, 50, was arrested by Batavia Police Officer Peter Post at 6:08 p.m. on June 3 on Dewey Avenue and charged with second-degree criminal contempt. He allegedly had contact with an individual with an active order of protection against him. Jones was arraigned in Batavia City Court and put in jail in lieu of $500 bail. He is due back in court July 1.

Michael Lytle, 32, was arrested on June 8 and charged with second-degree menacing in connection with a disturbance that occurred at 10:43 a.m. June 4 on State Street, Batavia. It is alleged that Lytle displayed a pellet gun that was perceived to be a real firearm following a verbal dispute with the victim. He is due in Batavia City Court on June 27.

Christopher Taylor, 21, is charged with second-degree harassment and endangering the welfare of a child. He was arrested after a disturbance at 7:07 p.m. June 6 and arraigned in Batavia City Court. He was then released on his own recognizance and is to return to court June 24.

Law and Order: Man accused of arson in Alabama, another of criminal mischief in Pembroke

By Billie Owens

Charles Edward Allis Jr., 23, of Garland Street, Lyndonville, is charged with fifth-degree arson and trespass. Following the initial call for a structure fire at 5:57 p.m. June 8 on Ham Road in Alabama, Allis was arrested. He allegedly entered property without permission and started a fire. He was released on an appearance ticket and is due in Alabama Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Tyler William Reeves, 23, of Main Road, Pembroke, is charged with second-degree criminal mischief. Reeves was arrested after an incident at 2:45 p.m. June 8 on Main Road in Pembroke. He was arraigned virtually in Bergen Town Court and released under supervision. He is due in Genesee County Court on Aug. 3. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Sgt. Mathew Clor.

Law and Order: Le Roy woman accused of multiple drug impairment after five-vehicle crash in Castile

By Billie Owens

Lynn Scarpa, 25, of Le Roy, was arrested June 4 after a five-car collision on North Main Street in the Village of Castile. Scarpa was driving a white 2004 Chevrolet Silverado southbound on North Main Street when her vehicle left the roadway, sideswiping a parked vehicle in front of the post office. Scarpa's vehicle continued southbound, striking a Ford work van from behind, which was also parked in front of the post office. Scarpa's vehicle pushed the work van into a Ford Fusion, which was parked in front of Carney's Market, which then struck a Toyota RAV4 that was parked in front of it. The Fusion was occupied and the occupant was transported by Castile Ambulance to the Wyoming County Community Hospital for treatment of minor injuries. A tow company removed two vehicles from the scene that were not drivable. It is alleged that Scarpa had concentrated cannabis in her pants pocket and throughout her vehicle. She allegedly performed poorly on field sobriety tests and was taken into custody, transported to the Wyoming County Sheriff's Office and evaluated by a Drug Recognition Expert. The expert reportedly deemed her impaired by multiple categories of drugs. She is charged with: driving while ability impaired by drugs; DWAI by the combined influence of drugs; and moving from lane unsafely. She was issued an appearance ticket and is due in Town of Castile Court on June 14. Scarpa was released to a sober third party. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

Michael Snyder, 49, is charged with second-degree harassment. He was arrested June 3 at 9:59 a.m. for an incident that occurred at 10:10 p.m. May 30 on Highland Park in Batavia. Snyder allegedly threw an unopened can of beer at another person, striking the person in the head. Snyder was processed, issued an appearance ticket and released. He is due in Batavia City Court June 22.

Kevin McCoy, 54, was arrested by Batavia Police Officer Peter Post and charged with second-degree harassment after a disturbance at 4:11 p.m. June 2 on East Main Street. It is alleged that McCoy struck a female during an argument. He was arraigned in Batavia City Court, released on his own recognizance and is due back in court June 10.

Eric Swede, 32, was arrested at 10:05 a.m. May 26 and charged with criminal contempt in the second degree after a complainant alleged he violated a stay away order of protection by being in the presence of a protected party. His presence was confirmed by police. Swede was issued an appearance ticket to be in Batavia City Court at a later date, then released from custody.

Brandon Crawford, 19, is charged with two counts of fourth-degree criminal mischief. He was arrested at 10:50 a.m. May 24 on Ross Street in the City of Batavia after he allegedly broke a front door and a closet door that did not belong to him during a domestic incident on Vine Street. Crawford was arraigned in city court and released on his own recognizance. He is due back in court July 8.

Michael Fisher, 51, is charged with: operating a motor vehicle without a license; driving while intoxicated with a BAC of .08 percent or more; driving without head lamps; drinking alcohol in a motor vehicle; and aggravated unlicensed operation in the third degree. At 10:33 p.m. on May 30, Fisher was arrested after a traffic stop on Ellicott Street in the city. He was issued an appearance ticket for Batavia City Court and released from custody.

Kyle John Gugel, 35, of Genesee Street, Le Roy, is charged with refusal to take a breath test and driving while intoxicated. At 1:52 a.m. on May 18, deputies conducted a traffic stop for speeding over 55 mph in the 5700 block of Clinton Street Road in the Town of Stafford. Gugel was allegedly operating the vehicle while intoxicated and he was issued appearance tickets returnable to Stafford Town Court June 1. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy, assisted by Deputy Nicholas Chamoun. 

Joanne Krutchen Harper, 56, of County Road 16, Dalton, is charged with petit larceny. She was arrested at 4:32 p.m. on June 3 after a police investigation into a larceny on Vallance Road in the Town of Le Roy May 30. She was issued appearance tickets and released from custody. Harper is due in Le Roy Town Court on June 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Jonathan Dimmig.

Lindsey Densmore, 26, was arrested May 31 and charged with petit larceny after an investigation into the theft of $166.38 worth of merchandise from a business in the City of Batavia at 4:20 p.m. that day. She was issued an appearance ticket and is due in Batavia City Court at a later date.

Tierance Davis, 34, was arrested May 26 on a bench warrant out of Batavia City Court for failing to appear in court on March 22. He was processed at Batavia Police Headquarters and released. Davis is due back in court June 15.

Tierance Davis, 34, is charged with third-degree bail jumping. He was arrested at 1 p.m. April 24 on West Main Street in Batavia on a warrant out of Batavia City Court. He was processed at Batavia Police Headquarters and released. Davis is due back in court June 15.

Law and Order: Woman accused of subjecting victim to physical harm and yelling racial slurs at theme park

By Billie Owens

Haley Christine Keyser, 35, of Strasbourg Drive, Cheektowaga, is charged with aggravated harassment -- physical contact due to race, and disorderly conduct. Following a complaint at Six Flags Darien Lake at 5:28 p.m. May 30, Keyser was arrested. She allegedly subjected a victim to physical harm, yelled obscenities and racial slurs in a public place. She was released on an appearance ticket and is due in Darien Town Court on June 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

Matthew Jacob Zon, 39, of East Main Street, Byron, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested at 6:35 p.m. May 29 after a disturbance on East Main Street in the Town of Byron. Zon was arraigned in Town of Stafford Court and put in Genesee County Jail in lieu of $2,500 cash, $5,000 bond, or $15,000 partially secured bond. Zon is due in Genesee County Court on June 28. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Tower.

Tevin Bloom, 27, is charged with criminal obstruction of breathing, second-degree harassment and criminal mischief. At 9 p.m. on May 20, Bloom was arrested after an investigation into a domestic incident where Bloom was allegedly involved in a physical altercation. He allegedly damaged property inside the victim's apartment. He was arraigned in Batavia City Court and is due there June 23.

Dustin Wilcox, 36, was arrested on May 20 by Batavia Police Officer Peter Post and charged with disorderly conduct. It is alleged that he was involved in a fight on Washington Avenue. He was issued an appearance ticket to be in Batavia City Court today (June 1).

Lawrence Boone, 30, was arrested outside a Batavia residence after being located by police May 20; he is charged with disorderly conduct. It is alleged that he physically fought another male in the street. Boone was due in Batavia City Court on May 25.

Rachel Baehr, 34, was arrested May 21 and charged with second-degree harassment and endangering the welfare of a child. At 2:57 p.m. May 14 on Oak Street, it is alleged Baehr was involved in a physical altercation during a domestic incident. She was issued an appearance ticket for a future date in Batavia City Court.

Kevin Thomas, 32, turned himself in on numerous active warrants May 18 and was arraigned in Batavia City Court. He is charged with burglary in the second degree, criminal contempt in the second degree, criminal mischief in the fourth degree, criminal mischief in the third degree; endangering the welfare of a child; and first-degree criminal contempt. The charges stem from a domestic incident that occurred May 4 on Walnut Street. Bail was set at $1 and Thomas is due back in court June 22.

Ray Spencer-Lindqui Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with second-degree menacing. On May 28 at 3:45 a.m., the dispatch center received a report of a domestic incident involving a knife on Bloomingdale Road in Alabama. An investigation at the scene allegedly revealed the defendant possessed a knife, which caused the victim to fear being injured. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Michael Lute.

Ernest Jerome Heineman, 40, of Old Creek Road, Alexander, is charged with aggravated harassment in the second-degree. At 3 a.m. on May 30, Heineman was arrested for an incident that occurred at 7:30 p.m. May 1 on Old Creek Road. It is alleged that he sent threatening text messages to a person, causing them to fear for their safety. He was arraigned in Alexander Town Court and he was served with an order of protection. He is due in Genesee County Court July 13. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Jordan Alejandro.

Stephanie Lynn Salcido, 31, of Walden Creek Drive, Batavia, is charged with: driving while intoxicated; driving while ability impaired by the combined influence of drugs and alcohol; driving a motor vehicle on a sidewalk; failure to stop at a stop sign; and failure to keep right. At 11 p.m. on May 30, Salcido was arrested on the charges. She was issued appearance tickets and is due in Batavia City Court on June 16. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Sgt. Andrew Hale.

Zachari Morgan, 25, is charged with second-degree assault and criminal possession of a weapon in the third degree. He was arrested May 26 at DeWitt Recreation Area after he allegedly threw a rock at another person, striking them in the head during an altercation. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. Then on May 27, Morgan was arrested and charged with third-degree assault and endangering the welfare of a child. It is alleged that at 5:11 p.m. on May 25, Morgan slapped and threw a person to the ground, causing injury, during a domestic incident at DeWitt Recreation Area. He was arraigned in city court and released on his own recognizance. Morgan is due back in court July 8.

Modesto Domingo-Cardenas, 27, is charged with unlawful imprisonment in the second degree and harassment in the second degree. He was arrested after a domestic incident at 1:15 p.m. May 25 on Pearl Street in Batavia. It is alleged that he slapped a person and then attempted to prevent them from leaving the residence. He was arraigned in Batavia City Court and released on his own recognizance. He is due back in court July 1.

Thomas Martin, 80, is charged with third-degree menacing following a dispute at 5:04 p.m. May 26 on McKinley Avenue. Martin allegedly threatened another male. He was issued an appearance ticket for June 1 in Batavia City Court.

Eric Gant Jemison, 48, of West Center Street, Medina, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; operating a motor vehicle without stop lights. At 9:05 p.m. on May 28, Jemison was arrested after deputies responded to Judge Road in Alabama for a complaint of a vehicle that struck a stop sign and drove away. Deputies located the vehicle a short time later. Jemison was released with appearance tickets for June 8 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Kyle Tower. 

Timothy James Passage, 37, of Squire Court, Amherst, is charged with possession of a forged instrument in the first degree. At 12:22 p.m. on May 28, Passage was arrested on a warrant out of Town of Pembroke Court. He allegedly passed a fake U.S. $20 bill while at Tim Hortons in Pembroke. He was transported to Genesee County Jail to be arraigned virtually. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Chad Cummings.

Joseph Freeman, 38, and Lynn Homer, 48, were arrested on warrants out of Batavia City Court at 3:38 p.m. April 28. It is alleged that they stole while together at a local business. They were arraigned in city court then released under supervision of Genesee Justice. Freeman is due back in court June 23; Homer is due back in court June 24. 

Kyle Shea, 26, was arrested May 20 on a warrant out of Batavia City Court for failure to appear after appearance tickets were served. It is alleged that Shea was driving a motor vehicle on Aug. 9 on Willow Street while his driver's license was suspended and so was the vehicle's registration. Shea turned himself in, was arraigned in city court, and the matter was resolved by plea. No further court proceedings are pending.

Paul Schwartzmeyer, 42, was arrested and charged with having a dog running at large. It is alleged that at 8:05 p.m. May 18 at an apartment complex parking lot, Schwartzmeyer allowed his dog to run at large and it attacked another dog. He was issued an appearance ticket to be in Batavia City Court on June 15.

Birdhouses reportedly stolen on Vallance Road

By Howard B. Owens

A caller reports that somebody stole four birdhouses from her residence on Vallance Road in Le Roy.

Her husband is following the suspect vehicle, perhaps a red pickup truck.

Law enforcement is responding.

UPDATE 6:28 p.m.: The suspect vehicle was last seen on North Road, apparently heading into Monroe County.  Monroe County deputies being alerted and the husband is returning home.

UPDATE 6:30 p.m.: A person in the vehicle threw the birdhouses into the roadway.

Law and Order: Church Street Alabama man accused of bail jumping in drug paraphernalia case

By Billie Owens

Marc C.J. Cook Sr., 30, of Church Street, Alabama, is charged with third-degree bail jumping, a Class A misdemeanor. Cook was arrested on May 27. In 2019 Cook was arrested for criminally using drug paraphernalia in the second degree. At that time, he was instructed to appear in Batavia City Court Sept. 15, 2020. Not only did he not appear in court on that date, he did not voluntarily turn himself in within 30 days of the required court appearance, according to the report from the Genesee County Sheriff's Office. Cook was arraigned virtually in city court and put in jail in lieu of $2,500 cash bail or $5,000 bond. He is due back in city court on June 15. Members of the GC Drug Enforcement Task Force made the arrest with assistance from Sheriff's deputies. The GC DA's office also assisted in the case.

Brandon D. Forsyth, 29, of Corfu, was arrested at 8:01 p.m. May 21 by Troopers out of SP Warsaw and charged with driving while intoxicated and failure to stop at stop sign. Troopers arrested Forsyth after a motor-vehicle accident involving a ATV on Schoellkopf Road in the Town of Bennington. Forsyth was issued traffic tickets returnable to Town of Bennington Court in June.

Darrin Mitchell Brown, 31, of West State Street, Albion, is charged with: driving while ability impaired by drugs; driving while intoxicated -- first offense; and failure to signal within 100 feet. On May 25 at about 2:45 a.m. on Clinton Street in Batavia, Brown was arrested following a traffic stop. He was processed at the Genesee County Jail and issued appearance tickets to be in Batavia City Court on June 6. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Mathew Clor.

Driver, passenger arrested after pursuit and search that started in Oakfield, ended at Walmart

By Howard B. Owens
fitzpatrickjasonmug2021.jpg
makarmug2021.jpg
      Jason Fitzpatrick       Samantha Makar

A chase, a search, and a tip led to the arrest of two people Tuesday night after they were located at Walmart in Batavia.

The incident began with a chase on Route 63 in Oakfield.

A deputy on patrol spotted a Pontiac sedan traveling north at a high rate of speed, so the deputy turned around and attempted to catch the vehicle.

The deputy observed the sedan continue at a high rate of speed and pass a vehicle by crossing into the southbound lane. At that point, the deputy, in his marked patrol vehicle, initiated a pursuit with lights and siren.

The vehicle failed to stop and continued east on Route 262 and then north on Fox Road. At Fox and Maltby roads, the vehicle allegedly ran a stop sign and went into the air off the north shoulder of Maltby Road into a field.

The vehicle struck a tree and then continued northwest through the field. A backseat passenger jumped from the vehicle and complied with a deputy's commands.

The sedan continued northwest and entered a neighboring crop field. It allegedly damaged about $1,000 in crops.

The driver stopped the vehicle and the driver and remaining passenger fled on foot.

A vehicle search allegedly led to deputies finding scales with residue and an illegal weapon in the vehicle.

A K-9 was dispatched to assist in the search. That search led to a nearby residence.

Deputies received a tip that two people matching the suspects were given a ride to the Batavia Walmart.

Police responded to Walmart and located the suspects in the Walmart parking lot.

The driver was identified as Jason M. Fitzpatrick, 38, of Sweet Road, Howell, Mich., and the passenger as Samantha R. Makar, 22, of West Madison Street, York, S.C.

Fitzpatrick is charged with: criminal possession of a weapon, 3rd; unlawful fleeing of a police officer in a motor vehicle; criminal mischief, 4th; obstructing governmental administration, 2nd; and aggravated unlicensed operation. There was also a warrant for Fitzpatrick out of Michigan as a parole absconder.

Makar is charged with obstructing governmental administration and criminal possession of a weapon, 4th.

The weapon recovered was not described in the press release.

The third occupant of the vehicle complied with deputies' orders and was charged.

Assisting the in the incident were NY State Police, The Department of Environmental Conservation's K-9 unit, and Batavia PD.

Deputies involved in the incident included Jacob Gauthier and Jordan Alejandro.

Police chief issues statement on inability of justice system to hold repeat offender in custody

By Howard B. Owens

While working on the recent story about Devon Wright, the Batavia man who has been arrested multiple times but because of current state law can't be held in custody while awaiting trial, we asked Batavia Police Chief Shawn Heubusch for comment on the case. Heubusch wasn't able to comment immediately. Today he issued the following statement:

Bail reform, a measure recently passed into law by the state legislature and the Governor, is seriously flawed. In this particular case, we get a front-row seat of the unintended consequences of so-called bail reform playing out across our State. Bail reform is putting the safety of our officers and our citizens at risk. I, along with my colleagues in law enforcement, implore the State Legislature to examine the current bail reforms and restore protections for the citizens of New York against violent criminals who are brazenly flaunting the law, knowing they will be back out on the street in a matter of hours.

Judge Zambito unable to hold Batavia man who has been arrested repeatedly

By Howard B. Owens
devonwrightmug2020.jpg
         Devon Wright

Judge Charles Zambito expressed frustration today -- frustration he and his colleagues on the bench throughout New York share -- that when considering bail for a defendant, he cannot weigh the potential threat the defendant represents to the community. 

District Attorney Lawrence Friedman had just asked that Devon A. Wright be held without bail in the Genesee County Jail citing his recent felony arrest on top of two criminal indictments already pending.

Since Zambito couldn't send Wright to jail or increase his present bail (he is out of jail on bail), the County Court judge ordered the 19-year-old to undergo a mental health evaluation within the next three weeks, not consume drugs or alcohol, stay in his own residence from 9 p.m. to 6 a.m. (thereby prohibiting him from staying at his girlfriend's house), and avoiding any confrontation with police, who will have blanket permission to search him or his residence at any time.

Since turning 18 in 2019, Wright has been charged with crimes ranging from larceny and assault to sexual misconduct.

In the past 20 months, Batavia PD has reported the following arrests:

It's the most recent arrest that prompted Friedman to ask Zambito to order Wright held without bail.

Friedman said that he was more concerned about Wright's willingness to make future court appearances given his growing list of unresolved criminal charges.

Attorney Nathan Pace, recently assigned to represent him after Wright's previous attorney resigned from the case, argued that there was no reason to doubt Wright won't make future court appearances since he has made recent court appearances. Pace said he represented Wright in other matters two years ago and the defendant made his appearances then. He also said he and his client dispute the facts of the recent arrest. He also said Wright will become a father in a few months and is looking forward to the baby's birth and that he will start a job at a Batavia gas station on Monday.

"I believe he will continue to appear in court," Pace said.

Friedman countered that it is meaningless that the defendant denied wrongdoing in the new cases. That's what defendants do at this stage of proceedings. Friedman said it was more relevant that Wright is accused of resisting arrest and fighting with police officers. 

Zambito opened his remarks by saying it was difficult to agree with the desire of Pace to keep his client out of jail, but that New York law limited what he could do to hold Wright in custody. 

"It's impossible under the current bail reform laws," Zambito said. "It seems Wright is a clear and present danger to the community as long as he is out and he continues to get arrested. 

But, Zambito added, "the law doesn't allow a judge to consider community safety when setting bail. I'm frustrated. I think every judge in New York State is frustrated."

He said he was going to order a mental health evaluation and Pace agreed that is a good idea. 

"As his previous attorney said, 'something is not right in his head,' " Pace told Zambito.

As Zambito issued his order, Pace emphasized to Wright that he can't go out of the door of his house after 9 p.m. and before 6 a.m. and that he must cooperate with police when he encounters them, even when they show up to search his house. 

Zambito added, "they're going to show up at your house and you can't fight with them, you can't resist them."

Wright is also not allowed to leave Genesee County while his cases are pending.

Law and Order: State Street teen accused of providing indecent explicit material to a minor

By Billie Owens

Ermonie R. Schichler, 18, of State Street, Batavia, was arrested at 10:40 a.m. on May 17 and charged with disseminating indecent material to a minor in the second degree and endangering the welfare of a minor. It is alleged that she sent sexually explicit photos to a minor over a period of time. She was arraigned via Skype in Batavia City Court, then released on her own recognizance. She is due back in court later this afternoon (May 24).

Daniel J. DiFransecso, 39, of Libarty Street, Batavia was arrested at 5:48 p.m. May 9 and charged with second-degree harassment. It is alleged that on that day he verbally threatened to kill a person while banging on their window with a hockey stick. He was issued an appearance ticket for May 18 in Batavia City Court.

Robert Wood, 30, was arrested by Batavia Police Officer Peter Post at 3:45 p.m. May 19 in the City of Batavia (no address provided) and charged with first-degree criminal contempt. It is alleged that he had contact with a female who has an active stay away order of protection against him. Wood was arraigned in Batavia City Court and jailed without bail. He was due to return May 20.

Darren Ayrhart, 52, of North Main Street, Albion, was arrested at 8:45 p.m. May 19 and charged with first-degree criminal contempt and second-degree burglary. It is alleged that he violated a stay away order of protection against him after a domestic incident on Dellinger Avenue in the City of Batavia. He was put in jail; no bail status provided. Ayrhart is due in city court on May 27.

Justin Thagard, 32, was arrested at 12:54 a.m. May 11 for violating a court order of protection by being in the presence of the protected party -- he was allegedy found inside their vehicle during a traffic stop in the City of Batavia. Thagard was arraigned in Batavia City Court then put in jail on $2,500 cash bail or $5,000 bond or $10,000 partially secured bond.

Eladio A. Wattles, 23, of Hutchins Street, Batavia, was arrested at 5:10 p.m. May 16 and charged with second-degree criminal contempt. It is alleged that he violated an order of protection by sitting inside a vehicle with the protected party. He was arraigned in Batavia City Court then released under supervision of Genesee Justice. He is due back in court June 24.

Adam T. Shipwash, 41, of West Main Street, Batavia, was arrested at on May 19 on a warrant out of Batavia City Court and charged with petit larceny. It is alleged that at 9 p.m. April 8 Shipwash stole money from a person on West Main Street. He was arraigned in Batavia City Court then released on his own recognizance. He is due to return to court June 17.

Michael L. Jackson Jr., 40, of East Main Street, Batavia, was arrested at 1:36 p.m. on East Main Street and charged with petit larceny. It is alleged that Jackson stole merchandise from a grocery store and was still present in the store's parking lot when a Batavia police officer arrived. He was taken into custody without incident then released on an appearance ticket for May 25 in Batavia City Court.

Alabama accused of illegally possessing two revolvers

By Howard B. Owens
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          Marc Cook

An Alabama resident was arrested Friday morning after members of the Local Drug Task Force searched his home and allegedly found brass knuckles, "kung fu stars,"* and two revolvers.

Marc C.J. Cook, 30, of Church Street, Alabama, is charged with five counts of criminal possession of a weapon, 3rd, and two counts of criminal possession of a firearm.

The task force obtained a search warrant based on an ongoing investigation of Cook into possession of illegal firearms.

Cook was also taken into custody on two warrants. One, out of the City of Batavia, was based on a charge of criminal use of drug paraphernalia, 2nd, and the other was a Family Court warrant on an alleged Family Court violation.

On the weapons charges and the city warrant, Cook was released under the supervision of Genesee Justice. On the Family Court warrant, Judge Charles Zambito, based on state guidelines, set bail at $100.

The task force was assisted by uniformed deputies, the State Police response team, and the District Attorney's Office.

*A shuriken (Japanese: 手裏剣; literally: "hidden hand blade") is a Japanese concealed weapon that was used as a hidden dagger or metsubushi to distract or misdirect. They are also known as throwing stars or ninja stars, although they were originally designed in many different shapes.

Law and Order: Ohio man and passenger accused of possessing a stolen vehicle

By Billie Owens

Terry Eugene Gamble Jr., 25, of Onslow Drive, Columbus, Ohio, is charged with: criminal possession of stolen property in the fourth degree -- a vehicle (except a motorcycle); criminal use of drug paraphernalia in the second degree; operation of a motor vehicle by an unlicensed driver; criminal possession of a weapon in the third degree -- an ammunition feeding device. On May 18, Gamble was arrested on the charges. It is alleged that on South Main Street in Elba at 3:18 p.m. on May 12 that he operated a vehicle stolen out of Columbus, Ohio, and possessed a .556 magazine capable of holding more than 10 rounds. He was arraigned virtually in Elba Town Court and jailed with $5,000 cash bail or $10,000 bond. Gamble is due in Genesee County Court on June 9. A passenger in the vehicle, Abralee D. Maynard (no age or address provided) was also arrested for criminal possession of stolen property in the fourth degree -- a vehicle (except a motorcycle). Maynard was released with appearance tickets and is due in Elba Town Court on June 2.

Patrick Lyn Waite, 53, of Alexander Road, Alexander, is charged with disorderly conduct. At 11:51 p.m. on May 19, Genesee County Sheriff's deputies responded to 9746 Alexander Road in Alexander for a complaint of loud music. Following an investigation, Waite was arrested. It is alleged that he intentionally caused public inconvenience and annoyance by playing loud music after several phone call complaints from nearby residents were made to the county dispatch center. He was issued an appearance ticket and is due in Alexander Town Court on June 8. Deputy Zachary Hoy handled by case, assisted by Deputy David Moore.

Kyle John Gugel, 35, of Genesee Street, Le Roy, is charged with driving while intoxicated and refusal to take a breath test. At 1:52 a.m. on May 18, Genesee County Sheriff's deputies conducted a traffic stop on Clinton Street Road in the Town of Stafford for a vehicle speeding over 55 mph. Gugel was subsequently arrested and issued appearance tickets to be in Town of Stafford Court June 1. Deputy Zachary Hoy handled by case, assisted by Deputy Nicholas Chamoun.

City police ask witnesses of vandalism, like graffiti, to call 9-1-1, people with info call office or use tip line

By Billie Owens

From City of Batavia Police Chief Shawn Heubusch:

The City of Batavia Police Department is investigating multiple incidents of vandalism in which various City parks were defaced with graffiti.

Lambert and Farrall parks were the scene of the most recent incidents, which included the use of paint to deface City property, some using vulgarities.

City Parks crews cleaned up both parks prior to the weekend, but the parks were again discovered to be vandalized by City crews today (May 17) with new graffiti.

Anyone with information about these incidents are asked to contact the City Police Department at (585) 345-6350 or use the submit a tip feature at www.bataviapolice.org.

If you witness someone vandalizing public property, please call 9-1-1.

Law and Order: Erie County pair accused of breaking into Pavilion house, stealing $1K in property

By Billie Owens

Joseph David Ayer, 39, of Smith Street, Buffalo, and Maris Lynn Lenk, 32, of Nancy Place, Cheektowaga, are charged with second-degree burglary -- illegal entry into a dwelling; and fourth-degree grand larceny -- of property with a value greater that $1,000. Both defendants were arrested at 4:23 p.m. on River Road in Pavilion. It is alleged that Ayer and Lenk unlawfully entered a house by forcing the door open and then they stole items with a total value estimated at more than $1,000. They were virtually arraigned in Pavilion Town Court. Lenk was released on her own recognizance and is to appear in Genesee County Court June 3. Ayer was put in jail without bail and is due in county court June 9. Both cases were handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Jacob Gauthier.

Jessica Thomas-Heizyk, 33, was arrested at 3:28 p.m. May 10 on Davis Avenue in the City of Batavia. It is alleged that she threatened the victim with a screwdriver while in the presence of several juveniles. She was arraigned in Batavia City Court then released on her own recognizance. The defendant is due to reappear in city court June 17.

Kyle Samuel Barnhart, 30, of North Road, Le Roy, is a registered Level 2 sex offender charged with failure to register internet accounts as part of his conditions from a prior charge. He was issued an appearance ticket returnable to Le Roy Town Court on June 15. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Adam Altobelli, 40, was arrested on West Main Street in the city on a Batavia City Court bench warrant at 11:25 a.m. May 6, arraigned in city court, then released under supervision of Genesee Justice. He is charged with: criminal possession of a weapon in the fourth degree; endangering the welfare of a child; and second-degree menacing. Altobelli is due back in city court on June 17.

Thomas Tacito, 61, was arrested at 2:04 p.m. May 7 on a warrant for aggravated harassment and fourth-degree stalking. It is alleged that Tacito repeatedly called a person without having a legitimate purpose to do so and despite being advised to stop multiple times. He was arraigned in Batavia City Court via Skype and released on his own recognizance. Tacito is due to return to city court June 17.

Jonathan Golden, 34, was arrested at 10:35 a.m., May 10, on West Main Street in the city after turning himself in on an active arrest warrant out of Batavia City Court. It is alleged that while employed at a local car dealership, Golden took a vehicle and kept it for an extended period of time without the vehicle owners' knowledge or consent. He was arraigned in city court, then released on his own recognizance.

Graffiti found on playground equipment at Farrall Park in Batavia

By Howard B. Owens

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Playground equipment at Farrall Park (101-111 Otis St.) has been vandalized and Batavia PD has opened an investigation into the criminal activity after being contacted about it by The Batavian.

Last night, a reader emailed these photos to The Batavian to alert us to the vandalism. We contacted Sgt. Marc Lawrence and he said he wasn't aware of the incident.

After looking into it today, he he confirmed playground equipment was spray-painted but there had been no prior complaint or notification to Batavia PD of the vandalism. 

He said it appeared that the paint was relatively fresh, probably spray within the past couple of days.

He indicated there is no further information available on the case at this time.

Anybody with information that might assist in the investigation can contact Batavia PD at (585) 345-6350, the confidential tip line at (585) 345-6370

Reader-submitted photos.

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Law and Order: Porter Avenue woman accused of getting almost $7.8K in SNAP benefits she wasn't eligible for

By Billie Owens

Elizabeth Fowler Gates, 43, of Porter Avenue, Batavia, is charged with: third-degree grand larceny; six counts of offering a false instrument for filing in the first degree; and seven counts of third-degree forgery. Gates was arrested after allegedly receiving $7,792 in Supplemental Nutrition Assistance Program -- SNAP -- benefits she was not eligible to receive. She is accused of forging a signature on seven documents and providing six applications with false information in order the receive benefits. She was arraigned on May 10 in Oakfield Town Court and released to appear in Batavia Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Sgt. Thomas Sanfratello. The investigation was completed by Investigator Robert Riggi at the Department of Social Services on East Main Street Road, Batavia.

Andre Lamar Roberts, 28, of Burrows Street, Rochester, is charged with third-degree bail jumping. It is alleged that he failed to appear in Corfu Village Court on Dec. 7. He is scheduled to be arraigned in Genesee County Court tomorrow (May 14). The case was handled by Genesee County Sheriff's Deputy Chad Cummings, assisted by Sgt. Thomas Sanfratello.

Terry Eugene Gamble Jr., 25, of Onslow Drive, Columbus, Ohio, is charged with: criminal possession of stolen property in the fifth degree; criminal use of drug paraphernalia in the second degree; and operating a motor vehicle without a license to do so. On May 12 at 3:19 p.m., Gamble was arrested following a traffic stop on South Main Street in the Village of Elba. It is alleged the vehicle he was operating was stolen out of Ohio. Gamble was released with appearance tickets to be in Elba Town Court on May 26. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Ronald Welker.

Law and Order: Man accused of burglarizing garage in Stafford, then selling property in Batavia

By Billie Owens

David J. Reschke, no age or address provided, was arrested after an investigation by the Genesee County Sheriff's Office into a reported burglary Feb. 12 at a detached garage on Transit Road in the Town of Stafford. He is charged with two counts of second-degree forgery and one count of criminal possession of stolen property. It is also alleged that the stolen property from the burglary was sold at a business in the Town of Batavia under a false name and that an additional sales transaction was made on a separate date at a business in the Town of Batavia by Reschke under a false name. He was arraigned virtually in Genesee County Court and released on his own recognizance because the charges against him do not qualify for bail under the NYS bail reform law. Reschke is due in Town of Batavia Court at a later, unspecified date.

Aaron Michael Raegan Hatt, 25, of Broadway Road, Alexander, is charged with second-degree burglary and first-degree criminal contempt. Hatt was arrested following a complaint on Broadway Road, Alexander at 4:30 a.m. April 28. It is alleged that the defendant entered a residence of protected persons, who have a full stay away order of protection against him, ultimately resulting in subjecting them to physical contact. Hatt was arraigned in Genesee County Court and put in jail on $1,000 cash bail, $2,500 bond or $5,000 partially secured bond. He is due for a call appearance in Town of Alexander Court on May 25. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Deputy Rachel Diehl.

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