crime

Officials continue to refuse media requests for an explanation of why Christina M. Colantonio was charged with murder before all of the evidence was available to law enforcement.

District Attorney Lawrence Friedman has not acknowledged a request for an interview e-mailed to him last night and Colantonio's attorney, Public Defender Jerry Ader, refused to accept a phone call from a reporter this morning. Calls to Batavia PD are being referred to the District Attorney's Office.

Meanwhile, Colantonio has been scheduled to appear in court at 10:30 a.m., Sept. 23, for what's known as a "call" appearance. A call appearance is a chance for the judge to be updated on the status of the case.

The 28-year-old Liberty Street resident was charged with murder in the second degree Saturday following the grisly discovery of an infant's body in an ice cooler in her home.  

She was released from custody yesterday after the DA's office admitted there wasn't sufficient evidence to hold her.

Friedman stated in a press conference Saturday, and reiterated in a press release yesterday, that Colantonio was arrested and charged based on evidence he wouldn't discuss and witness interviews. The charging document filed with City Court indicated Colantonio made statements that were used as evidence for the arrest.

It was only after Colantonio's arrest that the infant's body was sent to the Monroe County Medical Examiner's Office for an autopsy. The autopsy revealed that it was impossible to determine if Colantonio, who apparently gave birth at home, delivered a live baby or if the baby was stillborn.

Without that critical piece of evidence, Friedman said, his office was unable to proceed with a grand jury presentation within the constitutionally mandated timeframe, so Colantonio was released from custody. The murder charge is still pending, however.  

In yesterday's statement, the DA's office said, "Due to the fact that this case is still being investigated, the legal principle that the Defendant is presumed innocent until proven guilty and the necessity to preserve the integrity of this matter, we will not be granting interviews or responding to questions regarding this matter. Once the next step is taken regarding this case, more information will be provided."

Friedman is an elected official and Ader is appointed to his position by the County Legislature.

Terrance Lee Falk, 17, of Woodsmeadow Lane, Brighton, is charged with third-degree assault and second-degree obstructing governmental administration. Falk allegedly engaged in a physical struggle with a corrections officer at the Genesee County Jail leading to an injury to the officer.

William John Velky, 34, of Bank Street, Batavia, is charged with driving while ability impaired by drugs, following too closely, passing on right and moving from lane unsafely. Velky was stopped at 5:08 p.m. Monday on Chapel Street, Elba, by Deputy James Diehl following a complaint of an erratic driver.

Cassandra Y. Dauber, 32, of Lock Haven, PA, Cindy L. Dauber, 58, and David T. Suzenski, 57, both from Phoenixville, Pa., are charged with trespass for allegedly entering Rolling Hills Asylum on Bethany Center Road without permission.

Andrew Charles Webster, 22, no permanent address, is charged with petit larceny. Webster is accused of shoplifting from Walmart. He was jailed on $500 bail.

State Police authorities are asking the public to be on the lookout for a person or persons stealing from unlocked cars in Genesee County.

An investigator said there have been recent thefts in Darien, Alexander and Pembroke that may be related.

Members of the public are asked to take two actions: Lock up their valuables and report suspicious activity to police.

The perpetrators may be driving around looking for opportune targets.

For reports of suspicious activity, dispatchers can be reached at (585) 343-5000.

The Batavia woman accused of murdering her own newborn baby and storing it in an ice chest for three months has been released from jail after the Monroe County Medical Examiner's Office was unable to determine whether a live birth occurred.

A charge of murder in the second degree is still pending against Christina M. Colantonio, 28, of Liberty Street, Batavia, but in a statement the office of District Attorney Lawrence Friedman said without being able to prove live birth, the prosecution is unable to make a presentation to a grand jury within the prescribed amount of time and so Colantonio is being released from custody.

"Circumstances present when the body was discovered are very indicative of the intentional homicide," Friedman's statement says. "However, in order to establish a homicide, we have to prove that a live birth occurred. Yesterday, we learned from the Monroe County Medial Examiner that, based upon their examination of the body, they were unable to conclude that a live birth occurred. This apparently is due in large part to the lengthy passage of time between delivery and discovery of the body."

In the charging document on file with Batavia City Court, some portion of the underlying evidence to sustain the charge of second-degree murder was based on statements made by Colantonio. None of those possible statements have been made public either through court documents or statements by authorities.

The DA's statement today says that Colantonio was arrested and charged after a "thorough investigation by the Batavia Police Department and included interviews with multiple witnesses."

Friedman's statement said neither he nor anyone in his office would answer media questions about the case given the fact that the murder charge is still pending and the investigation is continuing.

Colantonio was arrested Saturday and held without bail until her release today.

No date was provided for any possible future court appearance.

Court documents in the case of a Le Roy mother accused of assaulting her 2-year-old daughter paint a months-long trail of multiple injuries to the tot, a boyfriend who admits to being a heroin addict, and a young woman who allegedly didn't know how to properly discipline a child.

The documents include a deposition from a man identified only as the boyfriend of Christina Pahura (the court redacted his name), who was arrested on charges of assault in the second degree and endangering the welfare of a child, and a deposition from a licensed day care provider in Le Roy.

Both documents recount more than two months of these adults observing injuries on the little girl, including broken limbs, bruises on the her butt and vaginal area and welts on her head.

The depositions are tough reading and Det. John Condidorio said it was a hard case to investigate.

"The pictures are really difficult to look at," Condidorio said. "It was a difficult process."

The case took months to get through because investigators wanted to make sure to build a case they were confident in, Condidorio said. As soon as the investigation started in February, the child was removed from the mother's care, Condidorio said.

According to the depositions, Pahura either had explanations for the injuries and, later, couldn't explain the injuries. At one point just before police were called in, Pahura allegedly told her boyfriend that she blacked out while spanking the child and snapped back to reality to find she was punching the child.

The Batavian's news partner, 13WHAM, contacted Pahura outside her apartment in Le Roy yesterday, and Pahura declined an interview request.

"You're not getting any other side," Pahura told a 13WHAM reporter. "Do whatever you want. Goodbye. Tell your camera man to turn around, too."

According to the depositions, documentation of the injuries to the child began in the Fall of 2014. First, there was bruising, then the child showed up to daycare with a cast on her arm, a cast that was removed a month later. Then the child started to limp, and during this time, bruises started appearing on her butt and vaginal area.

Finally, in early February, Pahura took the child to the hospital in Brockport, which is about the time Le Roy PD began its criminal investigation.

The boyfriend states in his deposition that he didn't call police because "it is not in my nature" and that he didn't call CPS anonymously because he didn't know that was an option. He also feared being blamed for the alleged abuse because he already has a criminal record.

The deposition was taken July 15 with his attorney present.

More than once, according to the deposition, the man offered to handle disciplining the children.

"Christina had a history of what I believed to be excessive punishment," the man said.

He describes incidents of Pahura hitting and slapping the victim along with two other children.

He said the alleged broken arm occurred sometime before Nov. 11. He said he and Pahura were in the basement. He was lifting weights and she was doing laundry. They heard a loud thump upstairs and then crying. When they went upstairs, the girl was on the floor and another child was on the couch. 

"The following morning," he states, "(the child) was favoring her arm and Christina had her father take (the child) to the doctor and the arm was splinted."

The cast was removed around Christmas, but the boyfriend doesn't say who removed it.

The first leg injury, the boyfriend believes, occurred New Year's Day. After spending New Year's Eve without any of the children, the couple picked them up that evening and were walking down a hill back to the house when the child stopped on the sidewalk and was hesitant to go down the hill on a dark, snowy night. He said Pahura's hands were full of gifts and he believes she pushed the child with her knee, told her to hurry up, then pushed her with her foot and the child fell forward, striking her head on the sidewalk. 

"This caused a large, good egg about the middle of (the child's) forehead and I believe (she) broke her leg at this time also," the boyfriend reportedly told police. "I say this as directly after (the child) got inside, she started having difficulty walking and this continued for six to seven weeks. When (the child) put too much pressure on her foot she would almost cry."

Pahura allegedly wouldn't take the child to the doctor, saying she was fine, the boyfriend said. 

The boyfriend recalls getting involved with drugs again in October and was spending about half his paycheck on drugs during this time. He recalls more incidents that may have led to bruising and cuts on the child early in the new year.

The daycare provider started documenting injuries to the child on Oct. 1, (The child started care a month earlier.) but it's unclear why the provider did not contact authorities sooner.

Initially, the provider said, Pahura said the child was injured from falls or bumping against objects in the home and when the child appeared to have a leg injury, Pahura reportedly said the child had just slept on it wrong.

Amie P. Bloyer, 35, of Washington Avenue, Batavia, is charged with criminal mischief, forcible touching and second-degree burglary of a dwelling. Bloyer was arrested Aug. 26 following an investigation into a domestic incident. It is alleged that Bloyer damaged a window to unlock a door on Ellicott Street, entered the residence, grabbed the victim by his genitals, slapped the victim, and broke his eyeglasses. It is also alleged that Bloyer punched another female who was in the residence at the time. The case was investigated by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Stephen Cronmiller.

Edwin Francis Voelker, 47, of Lewiston Road, Oakfield, is charged with: driving while ability impaired by drugs, with two prior convictions within the last 10 years; first-degree aggravated unlicensed operation; speed violation (62 in a 30-mph zone); unlawful possession of marijuana; and operation of a motor vehicle by an unlicensed driver. Voelker was arrested Aug. 30. on Main Road in Pembroke. It is alleged that he was driving a vehicle after consuming a drug that impaired his ability to safely operate a vehicle on a public highway. He was put in jail on $25,000 bail. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona, assisted by Deputy Gregory Walker.

Kimberly A. Brodsky, 24, of Bank Street, Batavia, is charged with: second-degree aggravated unlicensed operation (having three or more suspensions on three different dates); criminal use of drug paraphernalia, 2nd; criminal possession of a controlled substance, 7th; unlicensed driver (expired Aug. 22, 2015); and operating a motor vehicle with an obstructed view. Brodsky was stopped at 11:34 a.m. on Aug. 28 on Ross Street by Batavia Police Officer Frank Klimjack for a traffic violation. A subsequent investigation revealed that Brodsky has no NYS driver's license and her operating privilege has been suspended five times on five different dates. She was also found to be in possession of a controlled substance and drug paraphernalia. She was arraigned and put in jail on $5,000 bail. The  case was investigated by Batavia Police Officer Marc Lawrence, assisted by Officer Klimjack.

Joseph Paul Lanphear, 31, of Rutgers Street, Rochester, was arrested Aug. 28 for: two counts of criminal possession of a weapon in the fourth degree; aggravated unlicensed operation, 2nd; and speeding (52 in a 30-mph zone). It is alleged that Lanphear was found to be in possession of metal knuckles, a billy club, and that his driver's license was suspended and that he was traveling 52 mph in a 30-mph zone on Buffalo Road in Bergen. He was issued an appearance ticket for the Town of Bergen Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona, assisted by Deputy Bradley Mazur.

Danny D. Williams Sr., 26, of Pearl Street, Batavia, is charged with endangering the welfare of a child, and second-degree harassment. At midnight, Aug. 31, Williams was arrested following an incident on Vine Street where he allegedly pushed a child up against a wall. He was issued an appearance ticket for City Court Sept. 1. The case was investigated by Batavia Police officers Christopher Lindsay and Jason Ivison.

Shannon Marie Micucci, 46, of Bonnie Brae Drive, Darien, is charged with second-degree harassment. Micucci was arrested Aug. 29 at 12:30 a.m. following a domestic incident wherein she allegedly shoved a male during a verbal altercation. She was given an appearance ticket for Darien Town Court on Sept. 1. The case was investigated by Genesee County Sheriff's Deputy Andrew Hale.

Brazil Gerald Brooks Peterson, 19, of Augustine Street, Rochester, is charged with: operating a motor vehicle while ability impaired by drugs, first offense; criminal possession of a controlled substance, 7th; unlawful possession of marijuana; and a speed violation -- exceeding 55 mph. He was arrested at 1:26 a.m. on Aug. 29 on Clinton Street Road, Bergen. He was issued an appearance ticket and is due in Bergen Town Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona.

Glenn Hammond, 57, Woodstock Gardens, Batavia, is charged with: driving while intoxicated with a BAC of .08 or more, first offense; driving while intoxicated, first offense; and running a red light. He was arrested at 1:20 a.m., Aug. 30, after a traffic stop on Trumbull Parkway. He was released on an appearance ticket and is scheduled to appear in City Court on Sept. 9. The case was handled by Batavia Police officers Christopher Lindsay and Eric Foels.

Roxanne Marie Crawford, 51, of Clinton Street Road, Bergen, was arrested Aug. 30 for third-degree burglary and petit larceny. She allegedly stole $25 worth of merchandise from Walmart. She was allegedly arrested at another Walmart store during a previous incident then banned from all Walmart properties. She was jailed without bail and is due back in Batavia Town Court Sept. 28. The case was investigated by Genesee County Sheriff's Deputy Jason Saile, assisted by Deputy Christopher Parker.

Erica Michelle Raphael, 30, of East Main Street Road, Batavia, is charged with petit larceny. On July 15, she allegedly stole $159.71 worth of merchandise from Kohl's. She was put in jail on $5,000 bail after being arrested at the Batavia Town Court Aug. 24 where she appeared on unrelated burglary and petit larceny charges. The case was investigated by Genesee County Sheriff's Deputy Christopher Parker.

Zachary I. Miller, 19, of Ganson Avenue, Batavia, is charged with fourth-degree criminal mischief. On Aug. 25 on Swan Street in the City of Batavia, Miller allegedly punched and broke two glass window panes. He was issued on appearance ticket for City Court on Sept. 1. The case was handled by Patavia Police Officer Frank Klimjack.

Klarissa C. Price, 37, of Cleveland Avenue, Niagara Falls, was arrested Aug. 28 on a bench warrant issued by Batavia City Court for failure to appear. Price was put in jail in lieu of $1,000 bail. The case was investigated by Batavia Police Officer Frank Klimjack, assisted by Officer Jason Davis.

Christopher M. Smith, 21, of School Street, Batavia, was arrested Aug. 25 on an unspecified bench warrant and subsequently released on his own recognizance and given a court appearance date. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

A scheduled court appearance for Christina M. Colantonio, the 28-year-old Liberty Street resident accused of murdering her newborn baby sometime in May or June and keeping the body in her apartment, has been adjourned until 11 a.m., Thursday.

Colantonio, who is being held in jail without bail, was originally scheduled to appear this afternoon to answer to the murder in the second degree charge for the first time with a defense attorney present.

She was initially arraigned on the charge Saturday afternoon.

There is little available in the court file on Colantonio, just a document known as an accusatory instrument. It indicates the murder, 2nd, charge is substantiated by verbal statements made by Colantonio. If those statements were written down by investigators, that document has not yet become available.

A spokesman for Batavia PD said he couldn't answer whether such a document exists and said he's been told to direct all questions to the District Attorney's Office. Attempts to reach District Attorney Lawrence Friedman were unsuccessful.

Colantonio reportedly gave birth to a child in May or June. Authorities have not disclosed how soon after giving birth they believe Colantonio killed the female infant.  

The body of the infant was seen being removed from Colantonio's residence at 208 Liberty St., Batavia, in a 48-quart ice chest. The body was taken to the Monroe County Medical Examiner's Office and information from any ME's report is not yet available.

Authorities have not disclosed how they believe the baby died.

A Stafford resident who was charged with the care of a 2-year-old child in the Village of Le Roy has been accused of intentionally breaking that child's bones and then not seeking proper medical treatment for the child.

Le Roy PD began investigating the allegations in February after it was discovered the child had suffered multiple fractures to a leg and arm and had significant, "highly suspicious" bruises on its body.

Arrested was Christina Pahura, 28, of Main Road, Stafford. She's been charged with second-degree assault, a Class D felony, and endangering the welfare of a child.

The assault charge carries an enhancement because Pahura is over 18 years old and allegedly intentionally harmed a child under age 7.

Investigators allege that while a resident on School Street, Le Roy, Pahura intentionally caused physical injury to the child and then allowed the child to remain in a residential situation during a time when several additional bruises developed and a limp developed. Pahura was advised -- by whom is unstated -- to seek medical treatment for the child, but did not, which resulted in further bruising and an untreated leg fracture.

Pahura was released under supervision of Genesee Justice. 

The following people were arrested by the Genesee County Sheriff’s Office during the Rascal Flatts concert at Darien Lake Performing Arts Center on Saturday.  

Morgan Jensen, 20, of Gleason Circle, East Rochester, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after having been ejected and told not to return.

Emily M. Campbell, 20, of Birch Run, Orchard Park, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after having been ejected and told not to return.

Calin C. Hotelling-Defrance, 22, of Durant Place, Fairport, is charged with harassment, 2nd, after allegedly punching CSC security officer.

Jacob M. Robinson, 18, of Dolores Drive, Greece, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

The other night the neighborhood around Ganson and Maple in Batavia was hit by a series of thefts. This sign appeared on a tree on Ganson.

A 28-year-old Batavia resident has been arrested and charged with murder in the 2nd degree in the death of her newborn infant.

The female infant had apparently been dead for three months when police responded to a call at 11:20 p.m. of a suspicious condition at 208 Liberty St.

A third party reportedly discovered the dead infant's body and called police, and when police arrived they confirmed the discovery of the body.

Being held in jail without bail is Christina M. Colantonio. She is scheduled to appear in court again at 1:30 p.m., Monday.  

Police are not releasing the cause of death because of the ongoing nature the investigation. Investigators believe the infant was killed a short time after birth, which police believe took place at Colantonio's residence, but are not saying if death was immediate, within hours or days.

District Attorney Lawrence Friedman said murder in the second degree means the accused is suspected of intentionally causing the death of another person, but he would not disclose what evidence exists to convince his office that Colantonio should be prosecuted on a murder 2nd charge.

"We have enough to come to the conclusion that the death was intentionally caused, but because of the fact that we do not have a final autopsy report and because the investigation is ongoing, we won't be indicating anything further at this time," Friedman said.

After the press conference, we spoke with a neighbor, who didn't want to disclose his name, and he said he was outside two nights ago when police and the coroner were at Colantonio's residence. He saw authorities bring a 48-quart ice chest out to the street, remove a small body and place it in a body bag.

Authorities have not disclosed where the infant's body's was in the house at the time of its discovery.

Another neighbor, David Zanghi, said Contantonio worked at Sport of Kings restaurant and described her as a quiet woman who kept to herself and never was involved in any kind of disturbance.  

"She seemed like a pretty nice girl," he said.

Contontonio lived in the apartment by herself, police said. She has two other children.

Authorities are not disclosing anything about the father of the baby.

Det. Todd Crosett and District Attorney Lawrence Friedman.

The Batavia Police Department has scheduled a press conference for 5:30 p.m. to announce an arrest in the investigation into an infant death.

No further details have been released.

The Batavian will provide updates as soon as information is available.

UPDATE: The time of the press conference has been changed to 6:30 p.m. 

There was at least one car break-in in the Maple Street area of Batavia overnight, and among the items stolen was this backpack owned by Gunner Rapone.

Rapone was a standout in football and track and field with Batavia High School and starts college at SUNY Brockport this fall, where he'll compete in track and field.

This backpack has high sentimental value to Rapone. He received it for qualifying for the National High School Track Championship. The bag says "#ThatGuy" just above the zipper.

Rapone can be reached at guy.rapone@gmail.com.

Amanda Rose Hagedorn, 25, of West Hazeltine Avenue, Kenmore, is charged with criminal contempt, obstructing governmental administration and attempted assault, 3rd. Hagedorn allegedly bit a deputy during her arraignment on a previous arrest and then again while being removed from the courtroom and placed in a patrol car.

Roseann Cooper, 46, of Pearl Street, Batavia, is charged with petit larceny, harassment, 2nd, aggravated unlicensed operation, 2n,d and failure to stop at stop sign. Cooper is accused of shoplifting from Dollar General. She allegedly shoved a store employee when confronted about the suspected shoplifting. Cooper left the location and a customer called 9-1-1. Cooper was located allegedly driving on Walnut Street.

Melinda T. Andrews, 42, of Walnut Street, Batavia, is charged with harassment, 2nd. Andrews was allegedly involved in a domestic incident on Holland Avenue at 1:05 a.m., Sunday.

Scott Edward Yocina, 58, of Phelps Road, Corfu, is charged with criminal possession of marijuana, 4th, and unlawful growing of marijuana. Yocina was charged related to the alleged discovery of a marijuana growing operation at 4:15 p.m., May 4.

Joseph Carl Jeffords, 24, of Ross Street, Batavia, is accused of a violation of probation. Jeffords was turned over to Batavia PD by authorities in Wayne County, where he was in custody on charges in their jurisdiction. He was jailed locally on $5,000 bail.

Lonnie J. Ford III, 44, of Ellicott Street, Batavia, is charged with open container. Ford is accused of possessing an open container of alcohol while in the pavilion at Austin Park.

Jeffery James Cervone, 47, no known address, Batavia, is charged with criminal mischief, 4th. Cervone allegedly damaged and threw items around in a room at UMMC.

Stephen J. Konieczny, 37, of Ross Street, Batavia, is charged with criminal mischief. Konieczny allegedly threw a bottle of water at a vehicle causing damage.

Thomas Swineford, 61, of West Main Street, Batavia, is charged with disorderly conduct. Swinford is accused of urinating on a tree in Austin Park. He was reported by a passerby.

Alex J. Ianita, 21, of Bank Street, Batavia, is charged with endangering the welfare of a child, unlawful imprisonment, third-degree assault, petit larceny and second-degree robbery. Ianita was allegedly involved in a domestic incident at 11:25 a.m., Aug. 16.

Timothy A. Banks, 24, of Columbia Avenue, Batavia, was arrested on a warrant. Banks allegedly failed to appear on an open container charge. He was jailed on $100 bail or $200 bond.

Ellicott M. Hickman Jr., 24, of Hutchins Street, Batavia, is charged with trespass in a city park (between dusk and sunrise). Hickman was allegedly in Williams Park at 5:08 a.m., Aug. 20.

A former local small business owner appeared in county court to answer for a series of thefts in Genesee County that he said was spurred by his addiction to heroin.

Jason D. Lang, 33, of Liberty Street, entered guilty pleas in June to two counts of grand larceny, 4th, related to thefts from Walmart and Target. The guilty plea satisfied a whole raft of similar charges. 

Already in state custody on convictions in neighboring counties, Lang was told today his sentence on the local charges would be one-and-a-half to four years.

The sentences are concurrent to his previous sentence. Lang's attorney told Noonan that a parole board had already told Lang he would be released Sept. 5.

The new sentence throws that release date into doubt. The board will need to take into consideration Noonan's new sentence. At this point, it's unclear when Lang might be released.

"Mr. Lang is eager to return to his community and be productive again," said attorney Jon Wilson.

Lang has been in drug and alcohol treatment and Wilson said he's doing very well. 

"He's committed himself to turning around his world," Wilson said.

Once the successful owner of Batavia Cab, Lang opened a smoke shop and tattoo parlor known as The Laughing Buddha. It may have been the first local shop, just prior to the 420 Emporium opening, to sell bath salts and synthetic marijuana.  

In the Summer of 2012, when local law enforcement and emergency personnel were dealing with a series of peculiar incidents that seemed to stem from bath salt use, Lang was often in the news. He was arrested after imagining and reporting gunfire at a local hotel. He was also accused of impersonating a police officer.

In the midst of his legal troubles, and after his store was shut down and the cab company sold, his family organized a protest outside the 420 Emporium over that store's continued sale of bath salts. (Owner Charles Fitzgerald who owned other locations as well, is currently serving a federal prison term related to his trade in synthetic drugs.)

Lang reportedly kicked the bath salt habit, but then turned to heroin. He was accused of shoplifting from Hamburg to Victor, including in Batavia, during this period.

Wilson said his client has been in treatment at Lakeview since March and has completed both the drug and alcohol portions of the program.

When asked to speak, Lang was contrite.

"I'm sorry for the crimes I committed," Lang said. "I never would have did them if not for my heroin addiction. The past three years have been hard. I put the community through hell, my parents through hell, my children through hell. I'm really regretful for what I did."

Noonan reminded Lang that he wasn't the victim in this case and was in no mood to fashion a sentence that would guarantee Lang could keep his Sept. 5 parole date.

"Let that be the last time you blame heroin for your crimes," Noonan said. "Heroin didn't commit your crimes. You committed your crimes."

The following people were arrested by the Genesee County Sheriff’s Office during the Van Halen Concert at Darien Lake Performing Arts Center on Tuesday.

Michael L. Mawk Jr., 22, of Stellane Drive, Angola, is charged with criminal trespass, 3rd, after allegedly climbing over a fence and entering the concert venue.

James H. Munt, 37, of Robinson Street, North Tonawanda, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Codie J. Taylor, 21, of Greenwood Place, Angola, is charged with criminal trespass, 3rd, after allegedly climbing over a fence and entering the concert venue.

Donald H. Gardener, 29, of Briggs Avenue, Bronx, is charged with criminal trespass, 3rd, after allegedly reentering Darien Lake property after being ejected and told not to return.

Thomas J. Scheurlein, 25, of Chili Avenue, Rochester,  is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return. 

Richard D. Cohen, 46, of Ellicott Avenue, Batavia, is charged with petit larceny. Cohen is accused of stealing 13 framed pictures from the walls of Terry Hills Restaurant and Banquet Facility. Cohen allegedly entered a conference room at Terry Hills on Aug. 7 and removed the pictures from the walls and placed them in his vehicle. The next day, after management noticed the pictures were missing, they reviewed video footage of the conference room area and members of the staff recognized Cohen and identified him as the suspect. The pictures were subsequently located in his vehicle. The case was investigated by Kris Kautz.

Sherry Maryanna Steffans, 34, of Stony Point Road, Grand Island, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and failure to yield to an emergency vehicle. Deputy Patrick Reeves attempted to make a traffic stop on Steffans' vehicle at 12:12 a.m. Saturday on Main Road, Pembroke, and Steffans allegedly failed to yield for more than a mile.

When the two brothers appeared in Genesee County Court this afternoon with their mother, they did not appear as young men you would readily pick out as those accused of a violent gang assault.

Polite, well dressed and clean cut, Terrence D. Johnson and Leonard A. Johnson III, entered not guilty pleas to the charges of first-degree gang assault 1st and first-degree assault.

They were indicted by a grand jury, along with Terrance M. Schramm, for their alleged part in the assault of a man on Holland Avenue in the city on April 29.

Initially, charged with a misdemeanor of assault, 3rd, Schramm and the Johnsons, faced the more serious felony counts once the case was presented to the grand jury.

The gang assault statute really has nothing to do with whether the defendents are affiliated with a street gang -- in fact, there's no indication that's the case here -- but that a violent act was carried out with more than two people participating. The exact language of the penal code is:

A person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.
 

Schramm and the Johnson brothers were allegedly involved in an argument with the victim at 27 Holland Ave. and are accused of kicking the victim and using some hard object, such as brass knuckles, to hit him.

The victim's injuries were initially reported as minor, hence the initial misdemeanor charge, but District Attorney Lawrence Friedman sought the felony counts as the result of the victim apparenlty suffering "permanent impairment of health."

The exact nature of the victim's injuries are not available at this time.

Leonard, 22, appeared in court in a sharp gray suit, white shirt and tie. Terrence wore gray pants, a lighter gray shirt and a tie.  

Friedman did not seek bail for either defendant. They were both released under supervision of Genesee Justice.

Noonan noted that given the serious nature of the charges, a no-bail release is unique.

"A gang assault charge would normally result in a sustantial bail," Noonan said. "It's a great concession to Mr. (Leonard) Johnson to release him under supervision."

There is no record of prior arrests for Terrence Johnson, which contributed to his ability to get a release under supervision.

Leonard Johnson, who lives with his brother on Hutchins Street, must be in his residence every day from 6 p.m. until 7 a.m. Terrence Johnson can only be out during those hours while at work or traveling directly to and from work.

They are to have no contact with the alleged victim.

The attorney for the 25-year-old Schramm is on vacation so his arraignment on the grand jury indictment won't be until next week.

The three men are facing from five to 25 years in state prison on the Class B violent felonies.

Edwin David Young, 54, of Furnaceville Road, Ontario, Canada, is charged with DWI, driving with a BAC of .25 or greater, failure to keep right, and moving from lane unsafely. Young was reportedly involved in an accident at 6:55 a.m. Friday on Route 77, Alabama, which was investigated by Deputy Lonnie Nati. 

Horatio Coleman, 61, of Oak Street, Batavia, is charged with trespass. Coleman was allegedly in Walmart after being banned from the store.

Scott D. Fairfield, 21, of Maple Avenue, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Fairfield was arrested following a report of a suspicious condition by Le Roy PD.

Stephen E. Couglar, 45, of Wayland, is charged with unlawful possession of marijuana. Couglar was charged following a traffic stop by Le Roy PD.

Erin K Douglas, 39, of Lyell Ave, Rochester, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to change address and speeding in zone. Douglas was stopped by Le Roy PD on Aug. 15. He was jailed on $750 bail.

Dezarae P. Benedict, 22, of Bigelow Avenue, Silver Springs, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and inadequate muffler. Benedict was stopped Saturday by Le Roy PD.

Steven A. Miller, 25, of Clark Street, Spencerport, is charged with DWI, driving with a BAC of .08 and speeding in zone. Miller was stopped Sunday by Le Roy PD.

Mercy medics are called to the Hess Mart, 204 Main St., for the victim of an assault. City police are on scene.