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BPD reminds public to ALWAYS lock your vehicle's doors after another rash of larcenies in the city

By Press Release

From the Batavia Police Department:

The Batavia Police Department has recently been investigating a plethora of larcenies from vehicles in the city. These larcenies have been occurring mainly in the overnight hours, and from (unfortunately) unlocked motor vehicles.

Patrols remain vigilant in the overnight hours, and we are asking for assistance from the public in reducing the amount of these incidents.

Please remember: ALWAYS lock your car doors. Leave exterior lighting on if possible.

ALWAYS lock your car doors. Remove valuables from your vehicle.

ALWAYS lock your car doors. Theft prevention starts with you, and it starts before you even leave your vehicle.

As always, if you notice anything suspicious around your property, please do not hesitate to the contact the police department.

Law and Order: Man accused of choking woman, then throwing 'a hissy fit' upon arrest

By Billie Owens

Isaac C. King (inset photo right), 34, no address provided, was arrested at 12:19 a.m. on May 1 following a domestic incident on Walnut Street in Batavia. He allegedly unlawfully entered a residence where a woman and child lived. While inside, King is accused of choking the woman while the child was present. King then left the residence. When located by Batavia police, King allegedly resisted arrest, fell to the ground and feigned a medical issue. "King continued to be passive resistant and threw a hissy fit, crying and screaming, refusing to get in the back of a patrol car on his own accord." King is charged with: second-degree burglary -- entering a dwelling unlawfully; third-degree robbery; endangering the welfare of a child; criminal obstruction of breathing/blood circulation; and resisting arrest.

James J. Santiago Jr. (inset photo left), 41, no address provided, allegedly refused to leave the porch of an address on Washington Avenue in the City of Batavia and a physical altercation with the resident ensued. Santiago was arrested at 10:39 p.m. May 3 and and arraigned in Batavia City Court. He is charged with: third-degree assault; trespassing; second-degree menacing and criminal possession of a weapon in the third degree. He was subsequently put in Genesee County Jail without bail. In addition, he is a registered Level 2 sex offender who had an arrest warrant out of city court for failure to sign an address verification form, first offense, and failure to notify authorities of a change of address within 10 days, first offense. Santiago is scheduled to appear in Batavia City Court on June 2.

Aaron Michael Pawikowski, 60, of Sumner Road, Darien, is charged with failure to verify address withon 90 days -- with prior offense(s). At 1:20 p.m. on April 29, Pawlikowski -- a registered Level 3 sex offender with three prior felony convictions -- was arrested for failure to verify his address, which he is required to do every 90 days. He was taken to Genesee County Jail for fingerprints, arraigned in county court and put in jail due to his prior felony convictions. He is due back in county court on May 26. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy, assisted by Deputy Travis DeMuth.

William Richard Kapelke, 39, of Main Street, Batavia, is charged with second-degree contempt. The defendant was arrested at 11:28 a.m. on West Main Street Road, Batavia, for allegedly violating an order of protection by being at the residence of the protected party. He was issued an appearance ticket for Town of Batavia Court and is due there on May 27. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

John Edward Sackett, 54, of County Line Road, Hamlin, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; and moving from lane unsafely. At 10:45 p.m. on May 8, deputies responded to Route 19 in Bergen for a motorcycle crash with injuries. It is alleged that Sackett was northbound and went off the east shoulder of the roadway, striking a road sign. Sackett was treated for his injuries at a hospital and released with appearance tickets. He is due in Bergen Town Court June 2. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Nicholas Chamoun.

Cheryl Figoura, 41, no address provided, was arrested at 12:30 p.m. May 1 and charged with petit larceny for allegedly stealing $800 from a coworker at a restaurant on East Main Street in Batavia where they worked. Figoura was issued an appearance ticket and released.

Zachary Russell Reed, 30, of West Main Street Road, Batavia, is charged with second-degree harassment. Reed was arrested at 12:20 p.m. on April 26 on West Main Street Road for allegedly being involved in a physical altercation with another person. He was due in Town of Batavia Court on May 6. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Sgt. John Baiocco.

Roger Kevin Brinkman, 57, of Main Road, Stafford, is charged with second-degree menacing. It is alleged that at 1 p.m. on May 6 Brinkman was involved in a property dispute about an air conditioner and during an altercation he displayed a knife and menaced the other parties involved. He is due in Oakfield Town Court on June 7. The case was handled by Genesee County Sheriff's Sgt. John Baiocco, assisted by Trooper Brackett Valleha Franz.

Andre Roberts, 28, no address provided, was arrested at 9:35 p.m. May 4 on three bench warrants and an arrest warrant -- all out of City of Batavia Court. He was taken into custody by the Rochester Police Department after being located by them during an unrelated matter. After arraignment in City of Batavia Court, Roberts was jailed on $20,000 bail, $40,000 bond, or $80,000 partially secured bond. He is due back in city court on May 20.

Law and Order: Man accused of beating people for not wearing face masks inside Flying J

By Billie Owens

Jeremy Sinclair Logan, 44, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree assault and third-degree assault, which are, respectively, a Class D felony and a Class A misdemeanor. He was arrested at 8:50 p.m. May 4 at the Flying J Travel Center on Alleghany Road in Pembroke after he allegedly struck two victims in the face and head multiple times, causing injuries to both victims, for not wearing face coverings inside the store. Logan was arraigned in Pembroke Town Court then released on his own recognizance because the crimes he's accused of committing are not qualifying offenses for bail. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. Jason Saile.

Connor Lee Andrews, 21, of Bacon Street, Le Roy, is charged with: operating a motor vehicle while impaired by drugs -- first offense; criminal possession of a controlled substance; vehicle operator leaving the scene of a property damage accident; and failure to keep right on a two-lane road. At 8:27 p.m. on May 3, a Genesee County Sheriff's deputy responded to Route 19 in the Town of Le Roy for a report of a hit-and-run accident. The vehicle was found on Bacon Street in the Village of Le Roy. Andrews allegedly possessed methamphetamine and cocaine at the time of his arrest. He was released with appearance tickets returnable to Le Roy Town Court on June 1. The case was handled by Deputy Kenneth Quackenbush.

John Willie Fore, 49, of Batavia (no address provided), was arrested at 9:28 p.m. on May 3 on Alexander Road in the Town of Batavia. It is alleged that he was driving while intoxicated -- first offense -- while having a BAC of .08 percent or more. He was arraigned in Batavia Town Court and is due to return there on May 13. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Kyle Krzemien.

Sheriff's office looking for person of interest in reported property crime in Alabama

By Howard B. Owens

5-3-21_photo_from_news_release.jpg

Press release:

The Genesee County Sheriff’s Office is requesting assistance from the public in identifying the subject pictured above. The subject has been developed as a person of interest in relation to a property crime being investigated in the Town of Alabama. The subject appears to have a tattoo on his right forearm. If you have any information, we urge you to please contact Investigator Ryan DeLong at (585) 345-3000, ext. 3572.

Law and Order: Parolee accused of striking woman in front of children playing, then fleeing from police

By Billie Owens

Bennie Wright, no age provided, is charged with third-degree assault, endangering the welfare of a child, obstructing governmental administration, and resisting arrest. He was arrested at 8:14 p.m. April 27, on Thorpe Street, Batavia. It is alleged that during a domestic incident that Wright struck a female multiple times in front of children playing in the neighborhood, then fled on foot after being told BPD had been called. A male matching his description was observed and when officers attempted to stop Wright, he allegedly tried to evade police by running. A short foot pursuit ensued and Wright allegedly continued to be combative and physically resist arrest. He was arraigned in Batavia City Court and put in Genesee County Jail in lieu of $1 cash bail. Wright was on parole and held in jail on a NYS Parole violation.

Devon Wright (inset photo right), 19, of South Main Street, Batavia, was arrested at 7 p.m. on April 23 on a Batavia City Court Warrant and is charged with second-degree menacing, criminal possession of a weapon in the third degree, and second-degree harassment. He allegedly threatened several individuals in a vehicle with a weapon. Wright was arraigned in Batavia City Court and released. Wright is due back in Batavia City Court on May 13.

Thomas Tacito, 61, of North Spruce Street, Batavia, is charged with disorderly conduct and public lewdness. He was arrested at 6:22 a.m. April 26 after allegedly making obscense gestures and exposing his bare buttocks to a neighbor during a dispute. He was issued an appearance ticket and released. At 4:20 p.m. the next day, April 27, Tacito was arrested and charged with criminal tampering for allegedly taping the car windows and doors of a vehicle owned by another person without their consent. He was issued an appearance ticket and released. He is due in Batavia City Court on May 4 to answer all charges.

Alisia Compton, 37, of Oak Street, Batavia, is charged with second-degree harassment. She was arrested at 5:04 p.m. April 27 after a report of a physical altercation on the front lawn of her residence. It is alleged that Compton subjected another person to unwanted physical contact. She was issued an appearance ticket and released. Compton is due in Batavia City Court May 4.

Erin Connolly, 40, of Oak Street, Batavia, is charged with fourth-degree criminal mischief. She was arrested at 5:04 p.m. April 27 following a report of a physical altercation on the front lawn of her residence. It is alleged that Connolly intentionally damaged a lawn mower belonging to another person. She was issued an appearance ticket and released. She is due in Batavia City Court on May 4.

Marcus Hill, 38, was arrested at 9:45 p.m. April 25 following a traffic stop after Batavia police patrols allegedly observed a trailer being towed without a license plate. Upon further investigation it was learned that Hill was operating while having a revoked NYS non-driver ID with a total of 62 suspensions. Hill is charged with: aggravated unlicensed operation in the first degree; unlicensed operation in the first degree; and having an unregistered trailer.

Scott Graham, 56, of North Spruce Street, Batavia, is charged with: driving while intoxicated and aggravated DWI -- with a BAC of .18 percent or more. He was arrested at 1:51 p.m. April 26 after an investigation into a property damage accident that occurred in the parking lot of an apartment complex. It is alleged that he pulled into the parking lot and struck an unoccupied, legally parked vehicle. He was issued appearance tickets and released.

Melissa Wetmore, 48, of Richmond Avenue, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. Wetmore was arrested at 1:44 a.m. on March 21 after a traffic stop. It is alleged that at the time she possessed cocaine, which a Batavia police reports says was confirmed by the Monroe County Crime Lab. She was released on an appearance ticket and is due in Batavia City Court on May 4.

Randy L. Sharock was arrested for: allegedly driving while intoxicated -- first offense; driving while having a BAC of .08 percent or more; speed unreasonable or imprudent; and failure to maintain lane. Sharock was arrested at 12:42 a.m. on Main Road, Pembroke, April 30, after a property damage auto accident. Sharock was issued appearance tickets and is due in Town of Pembroke Court on May 12. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Sgt. Michael Lute.

Heather Ann Larock, 44, of Summit Street, Batavia, is charged with driving while intoxicated, moving from lane unsafely, and speed not reasonable and prudent. At 1:20 a.m. on May 1, Larock was arrested on Byron Road in the Town of Stafford after the investigation of a motor-vehicle accident. She was released with appearance tickets and is due in Stafford Town Court on June 1. The case was handled by Genesee County Sheriff's Deputy Jordan Alajandro, assisted by Deputy Nicholas Chamoun.

Grand Jury: Man accused of injuring officer trying to arrest him, woman accused of attempted murder in Elba

By Billie Owens

Qumane J. Santiago is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Oct. 23 in the City of Batavia that Santiago intentionally tried to prevent a police officer from perfoming his lawful duty and caused physical injury to the police officer. In count two, he is accused of the same crime involving another person. In count three, Santiago is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally attempting to prevent a police officer from making an arrest. In count four, the defendant is accused of obstructing governmental administration in the second degree, another Class A misdemeanor, for allegedly intentionally obstructing a public servant from performing an official function by means of intimidation, physical force, interference or any independently unlawful act. In count five, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property -- a flat screen television, lights, lamps and picture frames.

Colleen L. Nelson is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on July 29 in the Town of Elba that Nelson acted intentionally to cause the death of another person by engaging in criminal conduct to cause death. In count two, Nelson is accused of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing a dagger, dangerous knife, razor, stiletto, imitation pistol or other dangerous instrument that day to use intentionally and unlawfully against a person.

Derek Melendez is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Oct. 29 in the Town of Bergen that he stole a credit card belonging to another person. In count two, Melendez is accused of second-degree burglary -- illegal entry into a building, a Class C violent felony. It is alleged in count two that on that day he entered a dwelling on West Bergen Road with the intent to commit a crime. In count three, Melendez is accused of criminal possession of stolen property in the third degree, a Class D felony, for allegedly knowingly possessing stolen property valued at more than $3,000. In count four, the defendant is accused of driving while ability impaired by drugs for allegedly driving a 2020 Nissan Altima with Maryland license plates while his ability was impaired by drugs.

Greg R. Solomonidis is indicted for the crime of second-degree assault, a Class D felony. It is alleged that on July 22 in the Town of Alexander that the defendant intentionally injured another person.

Madalyn R. Muntz is accused of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Muntz knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, Muntz is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day she knowingly and intentionally possessed one or more preparations, compounds, mixtures or substances containing a narcotic drug -- cocaine, which had an aggregate weight of one-eighth ounce or more. In count three, Muntz is accused of criminal possession of a controlled substance in the seventh degree. It is alleged in count three that on that day she knowingly and unlawfully possessed a controlled substance -- buprenorphine and Naloxone.

Jose A. Rivera is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 10 in the City of Batavia Rivera unlawfully entered a building on Swan Street intending to commit a crime. In count two, Rivera is accused of second-degree criminal contempt for allegedly intentionally disobeying a court order of protection. 

James D. Weathers and Ayeola N. Williams are indicted for the crime of criminal possession of a weapon in the second degree, a Class C violent felony. It is alleged that on Oct. 31 in the Town of Stafford that they knowingly possessed a loaded firearm -- a Glock 19 handgun. In count two, only Williams is accused of driving while ability impaired by alcohol, in a 2019 Volkswagon Jetta on Clinton Street Road.

Mark D. Tooley is indicted for the crime of driving while intoxicated, as a Class E felony, for allegedly operating a 2007 Honda Nov. 19 on West Main Street Road, Town of Batavia, while he was intoxicated. In count two, Tooley is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Tooley is accused of aggravated unlicensed operation of a motor vehicle in the first degree, also a Class E felony, for allegedly driving that day while knowing his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count four, Tooley is accused of false personation, a Class B misdemeanor, for allegedly knowingly and intentionally misrepresenting his name, birth day or address to a police officer, after being informed of the consquences of doing so. In count five, the defendant is accused of unlawfully fleeing from a police officer, a Class A misdemeanor. It is alleged that on that day, when he was directed to stop his vehicle by a marked police vehicle, he allegedly attempted to flee, driving at speeds of 25 mph or more above the speed limit. In count six, the defendant is accused of speeding, a violation, for allegedly driving at speeds in excess of 55 mph -- to wit, 100 mph. In Special Information filed by District Attorney Lawrence Friedman, Tooley is accused of having been convicted of driving while ability impaired by drugs, as a Class D felony, on Nov. 29, 2011 in Genesee County Court and that conviction forms the basis for the license suspension or revocation, which remains in effect, and is referred to in count three of the current indictment.

Sharada M. Crumpler is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 21 Crumpler drove a 2020 Nissan with Tennessee license plates on I-90 in the Town of Le Roy while in an intoxicated condition. In count two she is accused of DWI, per se, for allegedly having a BAC of .08 percent or more at the time. In count three, Crumpler is accused of speeding, a violation, for driving that day at a speed greater than was reasonable and prudent under the existing conditions. In count four, she is accused of the same violation for driving in excess of the maximum established speed limit for that public highway -- 118 mph in a 65-mph zone. In Special Information filed by District Attorney Lawrence Friedman, Crumpler is accused of having been convicted of DWI, as a misdemeanor, on Sept. 30, 2015 in City of Rochester Court, and that conviction was within 10 years of the crimes alleged in the current indictment.

Jeremiah N. Walker and Samid P. Graves are indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Oct. 28 at Tops Friendly Market on Main Street in Le Roy that they stole property with a value exceeding $1,000, to wit: $1,058.35 worth of property.

Pavilion man accused of grand larceny, first-degree coercion, also faces drug and weapon charges

By Billie Owens

From the Village of Le Roy Police Department:

Jared S. McDonald, 27, of South Street Road, Pavilion, was arrested by the Le Roy Police Department on April 23, following the execution of a Search Warrant.

McDonald was charged with grand larceny in the second degree, a Class C felony, and coercion in the first degree, a Class D Felony.

As a result of the Search Warrant, McDonald is also facing several from the Genesee County Drug Task Force, including: multiple counts of criminal possession of a controlled substance with the intent to sell in the fifth degree; criminal possession of a controlled substance in the in the seventh degree; criminal possession of an assault weapon in the third degree; criminal possession of a weapon in the third degree; and criminal possession of a weapon in the fourth degree.

On April 19 the Le Roy Police Department received a complaint of property taken by means of extortion on April 14. It is alleged that the defendant placed the victim in fear of physical injury if the victim did not sign various items of property over to him. 

During the investigation, it was allegedly discovered that the stolen property was still in McDonald’s possession at his residence in Pavilion. Further investigation led officers to believe that McDonald was selling controlled substances out of his residence and was also in possession of firearms.

A Search Warrant was executed on April 23 at McDonald’s residence, due to items McDonald was believed to be possession of. The Le Roy Police Department was assisted by the New York State Police Special Operations Response Team, members of the Genesee County Drug Task Force, and members of the New York State Police Community Narcotics Enforcement Team.

McDonald was found to allegedly be in possession of a quantity suspected methamphetamine, psilocybin mushrooms ('shrooms), lysergic acid diethylamide (LSD), other controlled substances, drug paraphernalia, firearms, and the property that was previously reported taken from the victim.

Some of the offenses McDonald was charged with did qualify for prearraignment detention under the NYS Justice Reform Act. The District Attorney’s Office was contacted for a bail recommendation due to the level of the offenses. It was advised that McDonald should be jailed on $2,500 cash bail, $5,000 bond, or $20,000 partially secured bond.

McDonald was arraigned in court (unspecified) by Justice Randy Baker then released under supervision of Genesee Justice. He is to return to court on June 16 to answer to the charges.

Law and Order: Man accused of sexual abuse, another of choking a woman until she lost consciousness

By Billie Owens

Charles Tomaszewski, 58, (inset photo right) no address provided, was arrested at 1 a.m. on April 15 on Redfield Parkway, Batavia, following an investigation into a domestic incident. Tomaszewski is charged with unlawful imprisonment in the second degree; first-degree sexual abuse; and second-degree harassment. He was virtually arraigned in Batavia City Court and released on his own recognizance. He is scheduled to appear in Batavia City Court on May 27.

Edward R. Freida, 49, (inset photo left) no address provided, was arrested at 3:15 p.m. April 18 on Pringle Avenue, Batavia, following a domestic incident during which he allegedly struck, then strangled a woman, causing her to lose consciousness. He then allegedly broke her cell phone after forcefully taking it from her. Freida is charged with: second-degree harassment; fourth-degree criminal mischief; second-degree strangulation; and third-degree robbery. He was virtually arraigned in Batavia City Court and put in Genesee County Jail in lieu of $10,000 cash bail, $20,000 bond, or $40,000 partially secured bond. Freida is scheduled to reappear in Batavia City Court on May 20.

Matthew Jacob Zon, 39, of East Main Street, Byron, is charged with criminal obstruction of breathing and third-degree assault. At 7:30 p.m. on April 23 Sheriff's deputies were dispatched to a residence on East Main Street in Byron for a domestic incident. Zon was arrested and arraigned in Genesee County Court, where an order of protection was issued to the victim. Zon was released on his own recognizance and is due in Byron Town Court on June 16.

Olivia Carolan Delorme, 18, of Cockram Road, Byron, is charged with fourth-degree criminal mischief. She was arrested at 4:25 p.m. on April 23 on Cockram Road following a domestic incident. She was issued an appearance ticket and is due in Byron Town Court on June 7. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig.

Joseph Michael Augastino, 31, of Mann Road, Akron, is charged with trespassing. At 5:37 p.m. on May 18 Genesee County Sheriff's deputies responded to an address in the Town of Batavia for a domestic incident. Augastino allegedly remained in the property after being told multiple times to leave. He was issued an appearance ticket and is due in Town of Batavia Court on May 18. The case was handled by Deputy Zachary Hoy, assisted by Deputy Travis DeMuth.

Adam Bart Thomas, no age provided, of South Main Street, Batavia, is charged with criminal mischief in the fourth degree and disorderly conduct. At 12:11 a.m. on April 24, Thomas was arrested after he allegedly damaged property in a reckless manner at a hotel on Federal Drive in Batavia. He was released with an appearance ticket to be in Town of Batavia Court on May 13. The case was handled by Batavia Police Officer David Moore, assisted by Sgt. Michael Lute.

Richard Burdick, 43, no address provided, was arrested at 10:13 a.m. April 14 on East Avenue in Batavia during a traffic stop in which drug narcotics were allegedly located in his vehicle. He is charged with criminal possession of a controlled substance in the seventh degree. Burdick was issued an appearance ticket and released.

Christopher Weigman, 32, no address provided, was arrested at 10:13 a.m. April 14 on East Avenue in Batavia during a traffic stop in which he was allegedly found to possess a controlled substance. He is charged with criminal possession of a controlled substance in the seventh degree and criminal possession of a hypodermic instrument. He was issued an appearance ticket and released.

Lisa Fox, 49, no address provided, was arrested at 10:13 a.m. April 14 on East Avenue in Batavia during a traffic stop in which she was allegedly found to possess a controlled substance and a hypodermic instrument. She is charged with criminal possession of a controlled substance in the seventh degree and criminal possession of a hypodermic instrument. She was issued an appearance ticket and released.

Dawn Lockwood, 51, no address provided, was arrested at 3:30 p.m. April 15 on Main Street in Batavia after she allegedly took money from another person under false pretenses and refused to return it. She is charged with petit larceny. Lockwood was released on an appearance ticket returnable to Batavia City Court on May 4.

Michael Lytle, no age or address provided, was arrested at 8:45 p.m. April 18 in Batavia after it was reported that "he was kicked out of a local bar, then began being demonstrative in the parking lot, briefly leaving in a vehicle then returning." During an investigation, it was determined that Lytle was allegedly operating a motor vehicle while under the influence of alcohol. He is charged with driving while intoxicated and driving with a BAC of .08 percent or more. Lytle was issued traffic tickets then released. He is due in Batavia City Court on July 20.

Andrew William Taylor, 33, of Oak Orchard Road, Medina, is charged with petit larceny and criminal mischief. At 5 p.m. on April 21, Sheriff's deputies were dispatched to Walmart for a larceny complaint. It is alleged that Taylor stole and damaged merchandise belonging to Walmart. He was issued an appearance ticket and released. He is due in Batavia Town Court on June 15. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Kyle Krzemien.

Batavia PD also investigating bail scam cases in the city

By Press Release

Press release:

The Batavia Police Department is investigating a similar bail scam as referenced by the Sheriff's Office in their press release issued earlier today. The scam involves at least four people and is initiated with a phone call to the victim from a private number.

When the victim answers the phone, a distraught female begins the conversation by yelling “Grandma” or “Grandpa” and begins talking about how she was in a car accident, arrested, and needs bail. The female says that her phone broke during the accident and that’s why she’s calling on a private number. 

The female tells the victim she’s going to have her attorney call to arrange bail. A short time later a male scammer calls the victim saying he is the attorney and provides details about the case. The male says that he needs $10,000+ to get the granddaughter out of jail and that it must be cash only. The scammer instructs the victim to leave the cash on the porch for a courier to pick up. 

The courier arrives and takes the money from the porch. Once the scammers receive the money, they continue calling the victim attempting to get more money for various legal reasons.

The team of scammers is known to operate a white sedan, possibly a Kia, and a black sedan or SUV. The involved scammers in the Batavia incident include a female, a smaller build young-looking black male, a heavy-set white male, and a younger average-sized white male with dark hair.

The Batavia Police Department is seeking any leads which can be provided by the public. 

Anyone that was in the area of Ellicott Street and Williams Street on April 20 at approximately 12 p.m., and April 21 at approximately 11 a.m. and 2 p.m., and observed the above individuals or their vehicles are asked to contact Detective Jason Ivison at (585) 345-6312 or the Batavia Police Department at (585) 345-6350, the confidential tip line at (585) 345-6370.

Previously: Sheriff's Office warns of local bail scam targeting older residents

More victims of Tomaszewski given priority for repayment in bankruptcy proceeding

By Howard B. Owens

Three new orders in the bankruptcy case of Michael Tomaszewski put 19 more of his victims at the front of the line -- at least as far as the bankruptcy proceeding goes -- for getting at least some of their money back from his scheme to divert funeral deposits to his own expenditures.

Tomaszewski was arrested last summer on more than 200 charges stemming from complaints that he mishandled deposits, known as prearrangement fees, for funerals and defrauded victims out of more than $500,000 in total.

Earlier this month, he entered a guilty plea to grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial and is facing a possible prison term as a result.

Separately, in February 2020 he filed for bankruptcy in Federal Court. He listed $1,094,346 in assets against $3,242,390 in liabilities. 

As part of his plea deal, he agreed to pay restitution to his victims. The exact amount of restitution has yet to be determined but it was revealed during his last court appearance that he has already reimbursed some of his victims.

The amounts owed to victims listed in the three recent orders are:

  • $1,950
  • $1,950
  • $4,400
  • $4,400
  • $7,063.62
  • $11,000
  • $11,000
  • $2,000
  • $4,000
  • $5,300
  • $5,300
  • $15,500
  • $15,500
  • $8,750
  • $9,480
  • $2,950
  • $2,950
  • $2,950
  • $2,950

Many of the victims are married couples with each person having a separate claim for their individual deposits.

Under federal bankruptcy law, any money gained through fraud is a debt that is not dischargeable through Chapter 7 and victims receive priority for repayment for the first $3,025 owed to them.

For previous coverage of the Tomaszewski case, click here.

Oneida County man arrested in more Genesee County stolen vehicle cases

By Billie Owens

Edward G. Ruckdeschel, 58, of Marcy, Oneida County, is charged with: third-degree burglary and four counts of third-degree grand larceny, all Class D felonies; and three counts of fourth-degree grand larceny, a Class E felony.

His arrest was announced today after an investigation that began last July into stolen vehicles in Genesee County.

Ruckdeschel is currently incarcerated in a NYS prison, following his conviction in previous stolen vehicle cases in Genesee County and his sentencing for the crimes on Aug. 10.

Following his conviction last summer, Ruckdeschel was arrested on suspicion of stealing two more vehicles on Aug. 10 and Aug. 11 and those two grand larceny charges remain pending in Genesee County Court.

Altogether there are ongoing investigations concerning seven stolen vehicles. Ruckduschel was arraigned in town courts in Batavia, Pembroke, Stafford, Le Roy and Bergen. He is due to appear in county court on all charges May 4.

The case was investigated by Genesee County Sheriff's Office investigators Joseph D. Loftus and Kevin P. Forsyth.

Law and Order: Alden man accused of DWI, Batavia woman accused of possessing controlled substances

By Billie Owens

Paul K. Kellner Jr., 53, of Wescott Avenue, Alden, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; moving from lane unsafely; speed not reasonable and prudent; and consumption of alcohol in a motor vehicle. Kellner was arrested after a motor-vehicle collision at 9:59 p.m. April 21 on Genesee Street in Darien. He was released on an appearance ticket and is due in Town of Darien Court on June 1. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Kyle Krzemien.

Rosemary Renee Waters, 35, of East Main Street, Batavia, is charged with: four counts of criminal possession of a controlled substance in the seventh degree; and third-degree aggravated unlicensed operation. Waters was arrested at 1:39 a.m. today, April 23, following a traffic stop for an alleged traffic violation on Vine Street in Batavia. During the investigation it was allegedly found that Waters was operating the vehicle while her driver's license was suspended. She is accused of having four different types of controlled substances in her possession at the time. She was issued appearance tickets, then released from custody. She is due in Batavia City Court on May 11. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Nicholas Chamoun.

Sheriff's Office warns of local bail scam targeting older residents

By Press Release

Press release:

The Genesee County Sheriff’s Office is conducting a criminal investigation concerning a larceny report received on April 21.

The victim was contacted via phone by an unknown person who reported themselves to be a relative and indicated that they were under arrest by law enforcement and in need of money for bail. Under this pretense, the victim agreed to pay the bail money, and arrangements were made for the exchange of monetary funds for bail.

The suspect told the victim that they would be sending a courier to the victim’s home to pick up the money. Shortly following the phone conversation, a subject arrived at the victim’s residence under the ruse of being a courier for the family member’s attorney, and an exchange of cash was made.

A second phone call was then made to the victim indicating that the bail amount had been increased and more money was needed. A second exchange was arranged via the same ruse of using a courier.      

The initial suspect who arrived posing as the courier is described as a Hispanic male under 26 years old, wearing a red and gray sweatsuit and a baseball cap, no vehicle description.

A second suspect who also posed as a courier is described as a thin build white male with shoulder-length dirty blond hair, wearing a black-hooded sweatshirt and black, frayed jeans, driving a white box-style van.

The Genesee County Sheriff’s Office is also aware of two other similar incidents in the area. One of which an exchange of money occurred, the other effort was thwarted by a family member who was aware of this type of scam.  

We would like the public to be aware of this scam and we believe the perpetrators of these crimes are targeting the elderly. As a reminder, please remain aware and be suspect of phone calls you may receive from unknown sources. As a general practice, do not provide any financial information to callers from unknown sources.  

Contact Genesee County Sheriff’s Office if you have information regarding similar incidents or receive phone calls of this nature. The nonemergency Genesee County Emergency Dispatch Center number is (585) 343-5000 or call 9-1-1 if it is an emergency.

More debts from Tomaszewski's misuse of client funds ordered paid by bankruptcy judge

By Howard B. Owens

An order has been entered in Michael Tomaszewski's federal bankruptcy case declaring five more debts as the result of the former funeral director's fraud nondischargeable, meaning the debts won't be forgiven as part of the Chapter 7 proceedings.

The five individuals are owed $5,300, $5,300, $15,500, $15,500, and $8,750 for prearrangement deposits they made.

Tomaszewski, arrested last summer, admitted in Genesee County Court a week ago to taking more than $500,000 in funeral arrangement deposits and using the money for other expenditures. The money is supposed to be kept in interest-bearing escrow accounts.

He is scheduled to be sentenced for his crimes on July 13 and at which time he will agree to pay restitution to his victims.  

Not all of the victims have had the money they're owed included in the bankruptcy, which is handled by a federal court while the criminal matter and related restitution order is handled by county court.

In his bankruptcy, Tomaszewski listed more than $3.2 million in debts against $1 million in assets.

In his order, Judge Carl L. Bucki cited a section of federal bankruptcy law that says a debtor cannot discharge any debt that was the result of fraud or misrepresentation. 

Previously, Bucki issued a similar order for three other individuals. In all eight cases, the individuals listed in the order receive priority for repayment of the first $3,025 of debt, per person, under federal bankruptcy law.

For prior coverage of Tomaszewski's criminal case and bankruptcy proceedings, click here.

Batavia PD releases photo of suspect in unlocked car larcenies

By Howard B. Owens

20210418_073729.jpg

Batavia PD is seeking the public's assistance in identifying the person in this photo. He is suspected of entering unlocked cars and stealing items from the vehicles. He may have an accomplice.

If you have any information you are asked to contact the Batavia Police at (585) 345-6350.

Grand Jury: Man accused of first-degree rape and three other sex crimes in Town of Batavia

By Billie Owens

Juan M. Mendez is indicted for the crime of first-degree rape, a Class B violent felony. It is alleged that on Sept. 4 at or around Genesee Community Colllege in the Town or Batavia that Mendez engaged in sexual intercourse with another person who was incapable of consent by reason of being physically helpless. In count two, Mendez is indicted for third-degree rape, a Class E felony, for engaging in sexual intercourse that day with another person without such person's consent -- by reason of some other factor than incapacity to consent. In count three, Mendez is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged in count three that while at or around GCC Sept. 4 he subjected a person to sexual contact when the other person was incapable of consent by reason of being physically helpless. In count four, Mendez is indicted for the crime of third-degree sexual abuse, a Class B misdemeanor. In count four, he is accused of subjecting a person to sexual contact at or around GCC that day without the person's consent.

Rachelle N. Laney is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Sept. 10 in the Town of Le Roy that Laney knowingly and unlawfully possessed a narcotic drug -- fentanyl -- with intent to sell it. In count two, she is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged that on that day Laney knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic drug - fentanyl -- with an aggregate weight of one-eighth of an ounce or more. In counts three and four, Laney is indicted for the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged that on that day in Le Roy, she knowingly and unlawfully possessed controlled substances -- methadone and hydrocodone, respectively. In counts five, six and seven Laney is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in counts five, six and seven that the defendant knowingly possessed glassine envelopes, vials, capsule or other material suitable for the packaging of individual quantities of any narcotic drugs or stimulants. In count seven specifically, this drug was Mannitol.

Eric J. Reyes Jr. is indicted for the crime of stolen property in the third degree, a Class D felony. It is alleged that on Sept. 28 in the Town of Le Roy that Reyes knowingly possessed stolen property that had a value of more than $3,000. In count two, Reyes is accused of aggravated unlicensed operation in the third degree, a misdemeanor. It is alleged in count two that on Sept. 28 in Le Roy Reyes drove a 2020 Dodge on Interstate 90 while his privilege to drive was suspended by the NYS DMV Commissioner.

Law and Order: School Street man accused of leaving a bar in the city without paying his bill

By Billie Owens

Andre Roberts, 28, of School Street, Batavia, is charged with theft of services. He was arrested at 8:13 p.m. April 13 after he patronized a bar in the City of Batavia, then allegedly left without paying his tab. Roberts was issued an appearance ticket and is due in Batavia City Court April 20.

Johnny Earl Anthony, 30, of Knapp Road, Akron, is charged with driving while intoxicated -- first offense; operating a motor vehicle with a BAC of .08 or more -- first offense; moving from lane unsafely; and unlicensed operator. Anthony was arrested at 8:53 p.m. April 17 on West Main Street Road in Batavia after being involved in a collision. He was issued an appearance ticket and is due in Town of Batavia Court on May 24. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Kyle Tower.

Sundae Jade Whitney Grambeck, 27, of Junction Road, Pavilion, is charged with driving while intoxicated -- first offense, and DWI with a BAC of .08 percent or more. At 3:15 a.m. April 19, Grambeck was arrested on Ellicott Street Road in Bethany following a motor-vehicle accident. She was issued appearance tickets and is due in Bethany Town Road on May 4. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy David Moore.

Caleb Richard Swendsen, 26, of Akron Road, Pembroke, is charged with second-degree criminal trespass. Following a report of a domestic incident at 6:36 p.m. April 13 on Maple Avenue in Oakfield, Swendsen was arrested. He was arraigned on the charge virtually in Oakfield Town Court, then released on an appearance ticket. He is due back in court June11. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Kyle Krzemien.

Lisa Fox, 49, of East Avenue, Batavia, was arrested after a traffic stop on East Avenue at 12:08 p.m. April 14 during which she was identified as the operator, and there was a bench warrant for her arrest out of Batavia City Court. Following her arraignment in city court, she was released under supervision. Fox is due to return to court May 25.

Trial date set in June for man accused of starting fire in 2018 on Maple Street, Batavia

By Howard B. Owens

A trial date has been set for a Batavia man accused in 2018 of arson and attempted murder following a structure fire at 35 Maple St.

Plush Dozier appeared in court for a short hearing where Genesee County Court Judge Charles Zambito scheduled the trial to start on June 7.

Zambito noted the court system will likely still be under COVID-19 protocols in June and said the jury will need to be socially distanced and the trial will require the use of two courtrooms. He scheduled a meeting for July 3 with the attorneys to go over trial arrangements and protocols.

Dozier was originally being held without bail and being housed in Attica after alleged disturbances at the Genesee County Jail (which led to additional criminal charges) but after bail reform at the start of 2020, Dozier was given the opportunity at cash bail of $100,000 or $100,000 bond.

He is currently out of custody.

Woman reportedly armed with Taser after crashing car in rolling domestic on Thruway

By Howard B. Owens

Emergency responders have been dispatched to the eastbound lane of the Thruway near mile marker 393.

A male reportedly suffered minor injuries after the female driver crashed the car. She has exited the vehicle and is in "the weeds" and on her phone and armed with a Taser, according to dispatchers. 

Law enforcement has arrived on the scene.

Town of Batavia fire dispatched. Mercy EMS also dispatched.

UPDATE 2:29 p.m.: The female says the male has the Taser. It is in the glovebox, she said.

UPDATE 2:40 p.m.: Town assignment back in service.

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