crime

Local law enforcement is looking for two people who entered the Smoke Rings Smokeshop on Shanks Road, Tonawanda Indian Reservation, shortly after 2:30 a.m. and attempted to rob it.

Employees fought back, and although the suspects managed to escape, leaving one employee with cuts on his head caused by the butt of the suspect's rifle, the melee helped produce some evidence investigators hope will lead to an arrest.

Including the face of a suspect exposed for the closed-circuit cameras in the store.

The suspects are described as a white female and white male. Both came in wearing camouflage-colored clothing, face masks and carrying guns, according to Sheriff's Investigator Kris Kautz.  

In the struggle, the white male also lost the red wig he was wearing. Kautz recovered both the mask and wig during his investigation at the scene.

An employee who was injured was transported to an area hospital and required stitches, but the injuries were not life threatening.

When the would-be robbers entered, they grabbed one employee and took him to a back room and tried to restrain him with plastic ties. He managed to escape. The perpetrators did not realize another employee was in the store, apparently. A struggle then ensued. The female suspect fled immediately, but the male fought and was subdued. He was restrained in a back room while awaiting the arrival of law enforcement but managed to escape through a back window.

It's believed he managed to go to a get-away vehicle, possibly a white or light-colored or small SUV, such as an Equinox or Trail Blazer. 

The would-be robbers left empty-handed.

Three residents of a Log City Road home in Elba have been arrested by State Police following an investigation into a series of alleged sex crimes.

Three members of one family from Elba were arrested following a State Police investigation into allegations of sexual abuse and rape.

A father, mother and adult son were all charged.

The probe in the alleged crimes by Troop A's Bureau of Criminal Investigation began after State Police received a complaint in March.

Scott A. Reed, 50, of Log City Road, is accused of sexual abuse against a minor over a 10-year span. He is charged with course of sexual conduct, 2nd.

His wife, Deborah S. Reed, 51, of Log City Road, is charged with endangering the welfare of a child. She is accused of failure to provide adequate protection to other children in the home after learning of past abuse by Scott Reed.

Their son, Jonathan M. Reed, 22, is charged with several counts of second-degree rape, second-degree criminal sexual act and endangering the welfare of a child in the Town of Perry, and with second-degree rape, third-degree rape and third-degree criminal sexual act in the Town of Lancaster.

Jonathan is accused of sexual contact with two teenage girls.

Austin Shipley, 17, of East Main Road, Le Roy, is charged with second-degree attempted sexual abuse and endangering the welfare of a child. The subject was arrested on May 17 following an investigation into allegations that the subject had inappropriate physical contact with a 12-year-old at 5 p.m. on April 11 on East Main Road, Le Roy. In a separate case, Shipley is also charged with first-degree sexual abuse and endangering the welfare of a child following an investigation into allegations that the subject had inappropriate physical contact with a 10-year-old at 5 p.m. on April 19 on East Main Road, Le Roy. After arraignment in Le Roy Town Court, Shipley was released under supervision of Genesee Justice. Both cases were handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Rachel Diehl.

Theresa K. Beardsley, 52, of Walnut Street, Batavia, is charged with second-degree harassment. She was arrested after allegedly striking a male at an apartment on Walnut Street at 6:53 p.m. on May 10. She was issued an appearance ticket for May 24 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Christopher Camp.

Ashlee S. Thomas, 19, of Liberty Street, was arrested at 7:30 p.m. on May 8 after police responded to a report of a large disturbance in the area of 121 Liberty St. in the city. She is charged with second-degree obstructing government administration and second-degree harassment. It is alleged that she interfered with Batavia police officers who were attempting to arrest another subject. She was issued an appearance ticket for May 24 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Geoffrey M. Anderson, 50, of East Main Street, Batavia, is charged with second-degree harassment. He was arrested following a complaint that he approached a USPS mailman at 12:30 p.m. on May 16 and repeatedly threatened him. He is to appear in City Court on May 24. The case was handled by Batavia Police Officer Jason Ivison.

John M. Galit, 29, of Kyser Lake Road, Dolgeville, is charged with common law DWI, unlicensed driver, and DWI. On May 16, city police were notified that an accident occurred in the parking lot of Applebee's by a NYSP investigator who was following the vehicle at the time. Batavia PD stopped the vehicle at 6:25 p.m. on Oak Street. Galit was allegedly found to be operating the 2015 Ford F-250 while intoxicated and he was arrested. He was released on appearance tickets and is to be in City Court on June 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Jamie Givens.

Roy D. Hooten, 55, of South Main Street, Batavia, is charged with third-degree criminal mischief. He was arrested at 11:56 p.m. on May 15 as the result of a complaint from the staff at UMMC in which it is alleged that he damaged hospital property during an incident at 9:58 p.m. on May 15. He was jailed without bail and was due in City Court Monday. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

William B. Gorton, 21, of 8410 E. Main Road, Le Roy, was arrested and charged with one count of third-degree criminal mischief, an E felony. It is alleged that on or about May 17, Gorton damaged an electric door lock at an address on Lake Street in Le Roy when he intentionally struck the door numerous times. The cost to repair the locking mechanism is in excess of $250. Gorton was arraigned in the Le Roy Town Court, released on his own recognizance and is to reappear in town court at a later date.

David M. Pero, 64, of Trumbull Parkway, Batavia, is charged with open burning. At 2 p.m. on May 8, police and city firefighters responded to the area of 667 Ellicott St. for the reported unknown-type fire. Upon arrival, an open burn was located. A subsequent investigation was conducted and Pero was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by police Sgt. Dan Coffey.

Sara A. Howard, 21, of West Bergen Road, Le Roy, is charged with possession of a hypodermic instrument and second-degree criminal impersonation. At a traffic stop at 10:20 a.m. on Oak Street in the City of Batavia, Howard allegedly attempted to provide a false name to an officer. She was also allegedly found in possession of a hypodermic needle. She was arrested, arraigned and released under supervision of Genesee Justice and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Devin P. Hofert, 20, of Hutchins Street, Batavia, is charged with trespass. Hofert was arrested for trespass at 11:58 a.m., May 17, on East Main Street, Batavia, after allegedly being on a premise that he was previously advised to avoid. He is to be in City Court on May 24 to answer the charge. The case was handled by Batavia Police Officer Jason Davis.

Andrew C. Webster, 23, of Gillette Road, Alexander, is charged with trespass. At 7:35 a.m. on May 13, Webster was located in a tent behind 269 State St. and was arrested for trespass and was to appear in City Court on Tuesday. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Lena M. Evans, 28, no permanent address, is charged with trespass. She was arrested at 7:35 a.m. on May 13 following an investigation of a tent that was found on private property on State Street in the city without the landowner's consent. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Jason Davis.

Sandra L. Longhini, 55, of South Spruce Street, Batavia, is charged with unlicensed dog and dog running at large. On May 12 at 6:30 p.m., Longhini's dog was allegedly found running loose in backyards and on the street and it allegedly is not licensed with the City of Batavia. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Jamie Givens.

Matthew P. Parker, 26, East Center Street, Medina, was arrested on May 12 on an active warrant out of Batavia City Court for allegedly failing to pay a fine issued by that court for excessive noise on May 24, 2015, on Summit Street. Parker was due in court today. The case was handled by Batavia Police Officer Chad Richards.

John Thomas Kingsley, 39, of Royce Road, Varysburg, was arrested on an active bench warrant out of Batavia City Court for allegedly failing to pay a fine for a traffic citation issued on Bank Street in July of 2014. At the time of his arrest, Kingsley was a passenger in a vehicle that was stopped by Troopers in Rochester. He was subsequently picked up by Batavia PD. He posted bail and is to be in City Court on May 31 to resolve the matter. The case was handled by Batavia Police Officer Chad Richards.

Vernon Ronald Hill, 18, of Chiefswood Road, Ohsweken, Ontario, Canada, is charged with second-degree criminal trespass. At 5:30 a.m. on Monday, May 16, Hill was allegedly found naked in a residence on Griswold Road in Stafford by the homeowner. He was arraigned in Town of Le Roy Court and jailed in lieu of $1,000 cash bail. He was due in Stafford Town Court this morning. The case was handled by Sheriff's Deputy Ryan Young.

Susan A. Colton, 58, of Vernal Road, Attica, was arrested by the Le Roy Police Department on May 13 and charged with: driving while ability impaired by drugs, a Class A misdemeanor, and driving the wrong way (on a one-way street), a violation.

Colton was arrested following an investigation of an erratic operator traveling northbound on Warsaw Road. The vehicle which Colton allegedly operated was located a short time later at the Five Star Bank at 124 W. Main St. After a brief investigation Colton was allegedly found to be impaired by drugs.

Colton was issued traffic tickets for the charges with a return date of June 20 at the Le Roy Town Court. Genesee County Sheriff's deputies assisted with the arrest and a driver evaluation.

Press release:

The Batavia Police Department is investigating an assault that occurred near the railroad tracks at the old Jackson Street Bridge at 9:04 p.m. on Thursday, May 12.

The victim was attacked by multiple individuals who may have been known to the victim. The victim was treated and released from UMMC. Above are photos of persons of interest.

Anyone with information pertinent to the investigation can contact Det. Mart at (585) 345-6372. There will be no further detail released at this time due to the ongoing investigation.

Chevaughn D. Hanson, 22, of East Main Street, Batavia, is charged with obstruction of governmental administration. Hanson was arrested at 7:30 p.m. on May 8 following a large altercation on Liberty Street in the city wherein Hanson allegedly pushed a Batavia Police officer, who was attempting to separate those involved. Hanson was issued an appearance ticket for City Court for May 27. The case was handled by Batavia Police Officer Mitchell Cowen.

Sarah L. Marcello, 24, of State Street, Batavia, is charged with disorderly conduct. She was arrested after city police responded to Liberty Street at 7:30 p.m. on May 8 for a report of several people fighting in the street. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Arick Perkins.

Corina M. Gallo, 25, of Edward Street, Batavia, is charged with disorderly conduct. She was arrested at 7:30 p.m. on May 8 after she allegedly was involved in a physical altercation in a public area. She was issued an appearance ticket for City Court for May 17. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Arick Perkins.

Jessica L. Shannon, 19, of Ellsworth Avenue, Batavia, is charged with harassment. She was arrested at 7:30 p.m. on May 8 following an altercation of Liberty Street in the city. She allegedly had unwanted physical contact with another female. She was issued an appearance ticket for City Court for May 17. The case was handled by Batavia Police Officer Mitchell Cowen.

Paul M. Wieclaw ll, 27, of Ellicott Street, Batavia, is charged with endangering the welfare of a child and third-degree assault -- recklessly causing physical injury. He was arrested at 4 a.m. on May 8 following an incident wherein he allegedly pulled a female to the ground by her hair, which resulted in a laceration to her left ring finger. He was jailed on $1,000 bail and was to appear in City Court on May 9. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Cronmiller.  Also, it was determined on May 8 that Wieclaw had an arrest warrant out of City Court from January 2013 for a parking ticket for parking on a city street between the hours of 2 and 6 a.m. when it is unlawful to do so. That case was handled by Batavia Police Officer Arick Perkins, assisted by Officer James DeFreze.

Anthony Sanders, 34, of South Main Street, Batavia, is charged with second-degree strangulation, endangering the welfare of a child, and obstruction of government administration, 2nd. He was arrested at 6:30 p.m. on May 7 on charges stemming from an incident at 3 a.m. on May 3 wherein he allegedly strangled a female on South Main Street. He was jailed and due back in City Court May 9. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Julie L. Dutton, 21, of Central Avenue, Batavia, is charged with fourth-degree grand larceny. The charge stems from an incident at 8:57 p.m. on April 21 wherein it is alleged that Dutton took about $2,700 in cash from another person on Washington Avenue without having the right to do so. She was to be in City Court on May 10 to answer the charge. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

Kyle Robert Ratulowski, 20, of Route 5, Batavia, is charged with petit larceny. He was arraigned in City Court on May 11 on a petit larceny charge for allegedly stealing property at 1:30 a.m. on April 13 from a vehicle while it was parked on Veterans Administration property. He was returned to jail, where he is incarcerated on a variety of other theft charges. He is to answer this charge in Genesee County Court on May 24. The investigation was conducted by Sheriff's deputies Ryan Young and Andrew Hale and Investigator Bradley Mazur. The Genesee County Sheriff's Office was assisted by Batavia Police Officer Jason Davis.

Donovan A. Forbes, 26, of Maple Street, Rochester, is charged with operating without lights, first-degree aggravated unlicensed operator, and unlicensed operator. He was arrested at 2:28 a.m. on May 8 on Harvester Avenue in the City of Batavia. During a traffic stop for operating a vehicle without headlights, it was found that Forbes was allegedly driving on a suspended, non-driver ID, with 20 suspensions on 10 dates. He was jailed without bail and ordered to return to City Counrt on May 9. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Peter Flanagan.

Michael J. Witkowski, 29, of Cherry Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested May 10 after allegedly punching a car window at 10 p.m. on April 30 on Cherry Street, causing it to shatter. He was issued an appearance ticket for City Court. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Andrew A. Crimes, 44, of Bank Street, Batavia, is charged with first-degree criminal contempt, with a prior conviction for criminal contempt. Crime was arrested at 6:19 a.m. on May 10 for an unspecified incident which occurred at 10:09 p.m. on May 9 on Bank Street. He was jailed without bail and was due in City Court later in the day on May 10 to answer the charge. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Rajea S. Thomas, of Concord Street, Rochester, is charged with speeding and second-degree aggravated unlicensed operation. Thomas was arrested following a traffic stop at 5:59 p.m. on May 8 on East Main Street in Batavia. Thomas was allegedly speeding and found to be driving on a suspended NYS driver's license. Thomas was to appear in City Court on May 9. The case was handled by Batavia Police Officer Mitchell Cowen.

Edvin M. Hernandez, 40, of Reprise Terrace, Rockville, Md., is charged with third-degree aggravated unlicensed operator. He was arrested following a traffic stop at 9:01 p.m. on May 7 on East Main Street, Batavia. At that time, he was allegedly driving with suspended NYS driving privileges. He was released from custody after posting bail and to to be in City Court on May 18. The case was handled by Batavia Police Officer Mitchell Cowen.

Steven J. Snyder, 26, of Northview Park, Attica, is charged with unlawful possession of marijuana and inadequate/defective headlamp. Synder was arrested at 8:49 p.m. on May 6 on South Swan Street in the City of Batavia following a traffic stop after it was observed that the passenger side headlamp was not working. Subsequently, it is alleged that Snyder was found to be in possession of marijuana. He was issued at appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Jamie Givens.

Patrick M. Viscuso, 52, of Vernon Avenue, Batavia, is charged with two counts of uninspected motor vehicle, and illegal parking. He turned himself in on May 9. He had three active warrants for his arrest, all from parking infractions. He was released from custody after paying his fines, which dated from September 2004, October 2004 and February 2005, respectively. The case was handled by Batavia Police Officer James DeFreze, assisted by Sgt. Dan Coffey.

Nicholas D. Martino, 35, of Main Street, Alexander, was arrested at 9:57 a.m. on May 6 on a bench warrant out of City Court following his failure to appear on a traffic summons issued in November 2014 on West Main Street, Batavia. He was to appear in City Court May 9.  The case was handled by Batavia Police Officer Mitchell Cowen.

Jordan M. Love, 25, of Walnut Street, Batavia, is charged with failure to appear. Love was arrested on a City Court warrant after failing to answer a traffic summons for allegedly operating a vehicle with a suspended registration on March 18. Love was released after posting bail and is to be in City Court on May 18. The case was handled by Batavia Police Officer Mitchell Cowen.

Darik R. Orbaker, 23, of 71 Wolcott St., Le Roy, (pictured right) was arrested April 20 by the Le Roy Police Department and charged with one count of aggravated family offense, a Class E felony, based on a domestic complaint. It is alleged that during the domestic disturbance, Orbaker damaged property and obstructed the breathing or blood circulation of a family member and has been previously convicted of one or more “specified offenses” against this or other family members within the previous five years. Orbaker was arraigned in the Town of Le Roy Court and put in Genesee County Jail in lieu of bail. 

Trevor S. Rarick, 21, was arrested on May 8 by Troopers and charged with: unlawful possession of marijuana; driving while intoxicated; refusal of breath screening test; failure to comply with a lawful order of a police officer; and failure to stop at a stop sign. Rarick failed to stop at a stop sign in front of the Trooper at the intersection of Clinton Street and Clinton Park in the City of Batavia. He was stopped on Wade Street and Troopers immediately detected the odor of an alcoholic beverage. Rarick consented to the field sobriety tests, which he subsequently failed. He refused to consent to a breath sample. A scale covered with marijuana residue, a smoking pipe with marijuana residue and approximately seven grams of marihuana were allegedly located inside his vehicle. Rarick was transported to SP Batavia barracks for processing and was arraigned in the Town of Batavia Court and released on his own recognizance. He is scheduled to appear in the City of Batavia Court at a later date.

Meghan L. Daniels, 28, of York, was arrested by Troopers on May 11 and charged with shoplifting and unlawful possession of marijuana. Daniels allegedly took a candy bar worth $1.45, passing all points of sale and attempted to exit the Walmart Store. Troopers detected the odor of marijuana emanating from Daniels. A baggie containing approximately 10 grams of marijuana and a marijhuana grinder containing marijuana residue was allegedly located. Daniels was transported to SP Batavia barracks for processing. She was issued an appearance ticket returnable to the Town of Batavia Court on May 19.

Jenna A. Kavanagh, 23, of Rochester, was arrested by Troopers on May 8 and charged with unlawful possession of marijuana. Troopers detected a strong smell of marijuana emitting from the vehicle when Kavanagh was stopped for speeding on State Route 262. More than three grams of marijuana in multiple plastic vials was allegedly found inside a glass container. Kavanagh was issued an appearance ticket returnable to the Town of Byron Court on May 16 and a uniform traffic ticket was issued for speeding.

Josiah D. Kirby, 22, of Kenmore, was arrested by Corfu Village Police Officer Michael Petritz for unlawful possession of marijuana after a traffic stop for speeding on Route 77. Officer Petritz detected a strong odor of burnt marijuana emanating from the vehicle. Kirby was allegedly found to be in possession of four marijuana cigarettes and a blue glass smoking pipe containing marijuana residue. Kirby was issued tickets and an appearance ticket returnable to the Village of Corfu on June 6.

Julio A. Bautista, 20, was arrested by Troopers on May 11 for trespass after he was warned on two separate occasions not to return to College Village by Security. Bautista was located in the parking lot of the property and was placed under arrest. He is scheduled to appear in the Town of Batavia Court on May 23.

Daniel R. Ruffner, 30, was arrested in Pavilion on May 7 by Troopers and charged with misdemeanor assault, 3rd, and criminal mischief after he allegedly caused a shoulder sprain and broke a victim’s prescription sunglasses during a physical altercation at a residence on Telephone Road. Ruffner was processed at State Police barracks in Batavia and issued an appearance ticket returnable to the Town of Pavilion Court on May 24.

Bradley Hering, 23, was arrested in Alabama on May 7 by Troopers and charged with driving while intoxicated. Hering was located a short time after a call was dispatched reporting his vehicle was off the roadway on Bloomingdale Road in the Town of Alabama. He was administered the standard field sobriety tests which he allegedly failed. Troopers reported detecting the odor of an alcoholic beverage emitting from Hering. He was transported to State Police barracks in Batavia for processing which allegedly revealed a BAC of .14 percent. He was issued a uniform traffic ticket returnable to the Town of Alabama Court on May 24.

Bobby Gary Mullen, 39, of Oak Street, Warsaw, is charged with failure to pay fine/restitution/surcharge. He was arrested on a bench warrant out of Genesee County Court for allegedly failing to pay a fine stemming from an incident July 8. He was turned over to the Genesee County Sheriff's Office by Wyoming County Sheriff's Department after a traffic stop in Warsaw at 11 a.m. on May 10. He was released after his arraignment. The case was handled by Sheriff's Deputy Rachel Diehl.

A garbage truck operated by Genesee ARC stopped on State Street and a person ran out of a residence with a bag of garbage and threw it in the truck and ran back into his or her house.

The resident is not a Genesee ARC customer.

Batavia PD is responding.

Press release:

On April 21, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department and City of Batavia Police Department), Genesee County Probation officers and uniformed members of the Genesee County Sheriff's Office conducted a N.E.T. (Neighborhood Enforcement Team) detail in the City of Batavia.

The detail focused on quality-of-life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods. The following arrests were made;

• Ashli Zajaczkowski, 25, of Walnut Street, Batavia, was charged with unlawful possession of marijuana;
• Mariah Hagen, 20, of Pratt Road, Batavia, was charged with unlawful possession of marijuana;
• Thomas Hill, 26, of Fayette Street, Brockport, was charged with two counts of criminal possession of a controlled substance 3rd degree (Class B felony), criminally using drug paraphrenalia 2nd degree (Class A misdemeanor) and unlawful possession of marijuana;
• David Riley Jr., 33, of Eugene Street, Batavia, was arrested on an indictment warrant charging two counts of criminal sale of a controlled substance 3rd degree (Class B felony) and two counts of criminal possession of a controlled substance 3rd degree (Class B felony);
• Lance Mercado, 25, of Holland Avenue, Batavia, was arrested on an indictment warrant charging two counts of criminal sale of a controlled substance 5th degree (Class D felony) and two counts of criminal possession of a controlled substance 5th degree (Class D felony);
• James Mitchell, 37, of Jackson Street, Batavia, was arrested on a bench warrant out of the City of Batavia Court for failure to pay fine;
• Liin-Noshujuan Gard, 25, of Batavia, was arrested on a Livingston County warrant.

All subjects are to appear in City Court/County Court for further proceedings at various dates and times.

Photo: By Howard Owens, taken the night of April 21 on Jackson Street.

A Batavia man who was originally charged with rape for his attack on a woman on South Main Street, Batavia, has chosen a plea deal over the uncertainty of a trial, entering a guilty plea this morning in Genesee County Court to one count of assault in the second degree.

The plea comes with an agreed upon sentence of five years in state prison for Jason Armstrong Sr.

District Attorney Lawrence Friedman said after the plea that deals like this often benefit both the prosecution and the defense. For the prosecution, jury trials can be unpredictable, no matter how certain you are of the case against the defendant. For the defendant, the plea means a shorter jail term than would be the likely result if found guilty at trial of all charges.

"We can never predict what the outcome of a jury trial is going to be and both sides believe they receive some benefit from this," Friedman said.

Armstrong remains free on $100,000 or $200,000 bond.

Sentencing is set for 9:45 a.m., July 6.

Armstrong was indicted in January and accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Armstrong was also indicted on counts of assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address as the alleged rape.

On or about Dec. 22, Armstrong allegedly tried to strangle another person, leading to a charge of second-degree strangulation. That incident also led to a charge of assault, 2nd.

The plea satisfies all criminal charges against him.

News partner WBTA contributed to this story.

Dakota Scott Pocock, 19, of Townline Road, Bergen, is charged with five counts of sexual misconduct following an investigation in the Village of Oakfield. The defendant allegedly had sexual intercourse with the victim without consent five times between August and December. He was issued an appearance ticket for Oakfield Town Court at 5 p.m. on May 16. The investigation was conducted by Sheriff's Deputy Kevin Forsyth and Investigator Bradley Mazur.

Duty E. Caswell, 24, of Hutchins Place, Batavia, was arrested for having a vicious dog. The arrest stems from an incident on March 7 wherein his dog, according to police, attacked two people and another dog. Caswell was issued an appearance ticket and released and is scheduled to appear in Batavia City Court at 10:30 a.m. on May 13. The case was investigated by Batavia Police Officer Stephen Cronmiller.

Devon Schulman, 20, of Liberty Street, Batavia, is charged with second-degree menacing and criminal possession of a weapon, 3rd. It is alleged that at 6:52 p.m. on May 5 Schulman displayed a knife to a subject at an apartment on Liberty Street and made comments that led the victim to believe Schulman intended to use the knife against the victim. Schulman was jailed without bail and was to be in City Court on May 6. The case was investigated by Batavia Police Officer Mitchell Cowen, assisted by Chad Richards.

Shawn C. Smith, 35, of East Main Street, Batavia, is charged with driving while intoxicated, aggravated unlicensed operation, first, and speeding. Smith was arrested at 6:24 p.m. on April 30 following a traffic stop on East Main Street, Batavia, and following arraignment was jailed without bail. He was to be in court May 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Dan Coffey.

Shane Michael Green, 28, of Trapping Brook Road, Wellsville, is charged with driving while ability impaired by drugs and moving from lane unsafely. At 7:36 a.m. on May 6, Green was arrested on Batavia-Stafford Townline Road, Stafford, for allegedly driving while the ability to do so was impaired by drugs. The arrest was the result of a complaint for erratic operation of a motor vehicle. Green is to be in Town of Stafford Court on June 6. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Christopher Parker.

Ryan James Sundown, 35, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. He allegedly violated a complete stay away order of protection at 6 p.m. on April 25 on Council House Road. He was arraigned on the charged on May 5 in Alabama Town Court. The case was handled by Sheriff's Deputyt Kevin McCarthy, assisted by Deputy Kyle Krzemien.

A 17-year-old female who lives in Batavia was arrested at 4:06 p.m. on May 2 and charged with fourth-degree criminal mischief. She allegedly broke a window during an argument. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Arick Perkins.

Jany Girwath Jock, 20, of Batavia Stafford Townline Road, Batavia, is charged with identity theft, 3rd. The defendant was arrested following the investigation into the unlawful use of a credit card at 10:30 p.m. on May 3. Jock was issued an appearance ticket returnable to Batavia City Court at a later date. The case was handled by Sheriff's Deputy Ryan DeLong.

Mary Finnegan, 68, of Lake Street, Le Roy, was arrested on May 7 and charged with one count of criminal trespass in the second degree, a Class A misdemeanor. Le Roy Village Police Department responded to a local apartment house after receiving a complaint of a subject on the property trespassing. Upon arrival Finnegan was allegedly located on the property after she had previously been advised she was no longer allowed on the property. Finnegan was taken into custody and charged accordingly. Finnegan is to appear in the Le Roy Town Court on May 19 to answer to the charge.

The Johnsons, residents of Naramore Drive, Batavia, have reported to police the theft of their riding mower that looks like this one, a John Deere D100.

The mower was taken off its trailer and removed from a storage shed.

Those who have information to share should contact Batavia PD.

A 21-year-old Batavia man was ordered held on $50,000 bail today during his arraignment on charges stemming from an alleged robbery in January, just eight days before he was scheduled to be sentenced on an assault conviction.

The timing of the crime and the fact he was not yet identified as the suspect means that if he's convicted on the 12-count Grand Jury indictment, he can't be sentenced as a second felony offender, nor does the robbery constitute a violation of probation since he wasn't on probation yet.

Terrence D. Johnson is facing a possible violation charge, but not because of the alleged robbery.

Johnson was indicted on one count of robbery and 11 counts of grand larceny, 4th.  

Each of the eleven grand larceny counts stems from each of the credit or debit cards carried by the victim.

The robbery occurred in the area of 2 School St., Downtown Batavia.

Beyond the usual not-guilty plea, Johnson's attorney, Public Defender Jerry Ader, said there is some question as to whether Johnson was even in the area of School Street at the time the robbery was reported.

After court, District Attorney Lawrence Friedman, in answer to a question, said there is physical evidence linking Johnson to the crime.

Before the hearing, members of Johnson's family reached out to local media and said they would like to talk about Johnson, saying, "this is not who he really is," but after the hearing, Ader said he advised them not to grant interviews.

In November, Johnson entered a guilty plea to a gang assault charge for being part of a three-person assault on a person on Holland Avenue over the summer and was sentenced in January to six months in jail and five years probation.

The timing of the conviction, the second alleged crime without him being identified as a suspect, followed by his sentencing, means the original sentence stands and he can't be sentenced as a second felony offender. If he were considered a second felony offender, then the minimum range of a possible prison term would be longer. Either way, the maximum possible sentence is 25 years.

A violation of probation charge has not been brought against Johnson yet, but he allegedly left the county and violated curfew while on probation.

A 28-year-old Oakfield resident, Jeffrey Johnson, is charged with criminal possession of stolen property, 3rd, in connection with the alleged theft earlier this week of a van from a residence on Ellicott Street, Batavia.

The incredible part of the story is that the owner's dog, Duke, was in the Toyota Sienna, and after the vehicle was recovered in Rochester, Duke was returned to Betty and John O'Brien.

"Our fear was something happened to the dog, because Duke is a very gentle dog," Betty Carlet Cleare, a reporter with our news partner 13WHAM. "He could have sold him, he could have beaten him, and he could have done any number of things to him. The gods were with us this week."

Duke is apparently so gentle that he did not make a sound when the van was taken.

"He didn't say a peep," Betty said, "which we're thankful of, because that's why I think he survived."

Nicholas L. McKague, 24, of West Main Street Road, was arrested April 18. He is also charged by Orleans Sheriff's Investigator K. Strickland with endangering the welfare of a child.

The charges, announced May 4, followed a two-month investigation conducted by the Orleans County Sheriff’s Office related to an incident that allegedly occurred in the Town of Clarendon in 2011.

McKague was arraigned by Town of Clarendon Justice DiFante. McKague was put in the custody of the Sheriff and transported to the Orleans County Jail in lieu of $2,500 cash or $5,000 bond. McKague is scheduled to appear in the Town of Clarendon Court at 6:30 p.m. on May 9.

Additional charges are forthcoming as the Investigation continues. The Orleans County Sheriff’s Office was assisted by Justice for Children Advocacy Center, Orleans County Child Protective Services and the Batavia Police Department.

Brian E. Bisig, 57, of 25 Clay St., Le Roy, is charged with DWI following a report of a vehicle which had been involved in an accident and had left the scene on Summit Street Road. Bisig was allegedly involved in a motor-vehicle accident at about 6:15 p.m. on Wednesday, May 4, which was observed by a concerned citizen. The citizen was able to provide a description of the vehicle to police and followed the involved vehicle to a residence located on Clay Street in Le Roy. After a brief investigation, Bisig was found to be allegedly intoxicated and was charged. In addition to the DWI charge, Bisig was also charged with DWI with a BAC of .08 percent or more. Bisig was also issued a summons by a member of the State Police regarding the accident occurring in the Town of Le Roy. Bisig will answer the charges at a later date in the Town of Le Roy Court.

Christopher M. Smith, 21, was arrested May 1 for petit larceny after he allegedly stole 15 packs of Pokemon cards valued at $63 and exited a local store, passing all points of sale; Smith attempted to hide the merchandise underneath a vehicle in the parking lot. He was transported to State Police barracks in Batavia for processing and issued an appearance ticket returnable to the Town of Batavia Court on May 9.

Terrence D. Johnson

A Batavia man was arrested Tuesday, May 3, after being indicted by a Grand Jury on a charge of first-degree robbery and 11 counts of fourth-degree grand larceny.

Terrence D. Johnson, 21, allegedly robbed an employee of the Bahama Bay Salon at 2 School St., Batavia, in January. He is in jail without bail.

He is to appear in Genesee County Court this Friday. The case was investigated by Batavia Police Det. Kevin Czora.

Kenneth Michael Gray Jr., 24, no permanent address, is charged with second-degree criminal trespass. He was arrested on May 3 after he allegedly entered a second-story window at 3:05 a.m. on Lake Street Road, Le Roy. Gray is in jail on $10,000 bail. The case was handled by Sheriff's Deputy Ryan Young, assisted by Deputy John Baiocco.

Justin Allan Putney, 25, of Borden Avenue, Perry, is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, and speeding. He was stopped at 12:16 a.m. today for speeding on East Main Street Road in Batavia and was allegedly found to be intoxicated. He is to appear in Town of Batavia Court on May 16. The case was handled by Sheriff's Deputy John Baiocco, assisted by Deputy Ryan Young.