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

By Howard B. Owens
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      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
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         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.

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

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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.

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