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Funeral director appears ready to accept plea deal in fraud case

By Howard B. Owens

Michael S. Tomaszewski, the funeral home director accused of stealing money from customers, is apparently set to accept a plea offer from the District Attorney's Office but COVID-related delays in town courts are holding up the process.

Tomaszewski made a virtual appearance in Genesee County Court yesterday.

He faces one SCI (Superior Court Information, like an indictment but without a grand jury hearing, which Tomaszewski waived) with more than 200 criminal counts and there is another SCI coming but he has not been arraigned on those counts because courts in the towns of Batavia and Oakfield have been closed due to the coronavirus pandemic. 

Judge Charles Zambito indicated that he could possibly arraign Tomaszewski on those counts under specific circumstances, but said he would need to check with the court supervisor to ensure those circumstances are met in this case. Zambito said these are uncharted waters and the rules are changing a lot. 

Tomaszewski is accused of taking money people used to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The SCI indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

Attorney Thomas Burns, representing Tomaszewski, said his client intends to accept the plea offer. Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The case is adjourned until 1:30 p.m., March 8, and will resume virtually.

Alecia Kaus/Video News Service contributed to this story.

Law and Order: Avon man accused of stealing $10K from Batavia employer

By Billie Owens

Stephen Hegel, 60, of High Street, Avon, (inset photo left) is charged with third-degree grand larceny and fourth-degree grand larceny. He was arrested and arraigned in Batavia City Court Jan. 19. It is alleged that he stole more than $10,000 in cash in three different incidents from his employer at the time, Turnbull Heating & Air Conditioning. He was put in Genesee County Jail (bail, if any, unspecified) and is due back in Batavia City Court on Feb. 23. The case was investigated by Batavia Police Officer Jason Ivison.

Maurice G. Leach, 44, of West Main Street, Batavia, (inset photo right) is charged with: burglary -- of a dwelling, causing injury; criminal mischief -- intentionally damaging property; third-degree criminal mischief -- damage to another person's property with a value greater than $250; second-degree harassment -- with physical contact; third-degree assault -- intentionally causing physical injury. Batavia police responded to a dwelling on West Main Street in the city at 3:25 a.m. Jan. 16 where it was reported that Leach punched and broke a window screen, entered the dwelling without permission, and allegedly assaulted a victim. After an investigation, he was arrested and it is alleged that he resisted the arrest. He was arraigned virutally in Batavia City Court and put in jail without bail. He is due back in court Feb. 18. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Kristen E. Sekuterski, 34, of Orleans Avenue, Batavia, (inset photo left) is charged with criminal possession of a controlled substance (unspecified) with intent to sell. She was arrested by Batavia police after an investigation with assistance from the Department of Homeland Security, NYS Police, and the Genesee County Sheriff's Office. Sekuterski was arraigned virtually in Batavia City Court and released on her own recognizance. She is due to return to city court on March 9. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Thomas James Leonard, 37, of Harvester Avenue, Batavia, is charged with criminal possession of a narcotic drug with intent to sell and criminal sale of a narcotic drug (unspecified). On Jan. 20, Leonard was arrested on a warrant. Due to bail reform, he was released under supervision of Genesee Justice and is due in Batavia City Court on March 23. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Alphonso R. Daniels III, 27, of Oneida Street, Rochester, is charged with: owning / harboring an unlicensed dog; having dangerous dogs -- bite causing serious physical injury; and dog running at large. Daniels was arrested on Jan. 17 after a traffic stop was conducted for an alleged traffic violation on Oak Street. He was found to have an arrest warrant out of Batavia Police Department stemming from at incident in the 500 block of East Main Street in Batavia at 9:39 p.m. Feb. 13. He was released with an appearance ticket for Batavia City Court and is due there Feb. 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Michael John Tobias, 30, of Maple Road, Alabama, is charged with driving while intoxicated with a BAC of .08 percent, DWI, and moving from lane unsafely. He was arrested after an investigation of a motor-vehicle accident that occurred at 11:42 p.m. Jan. 23 on Judge Road in Alabama. He was released on appearance tickets and is due in Alabama Town Court Feb. 23. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Nicholas Chamoun.

Daniel John Wolfe, 47, of Bank Street, Batavia, is charged with second-degree burglary and and two counts of second-degree criminal contempt. At 11:37 p.m. on Jan. 19, Wolfe was arrested on the charges. They stem from an incident Nov. 13 on Bank Street in Batavia. He is accused of violating an order of protection by entering the dwelling of a protected person at 4:25 p.m. that day. Wolfe was processed then taken to jail and arraigned in Batavia City Court and ordered held without bail. He is due back in city court on March 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Arick Perkins.

Michael A. Sweet, 34, of Bumbacker Road, Gainsville, is charged with unauthorized use of a motor vehicle. It is alleged that he took a vehicle and drove it without the owner's consent at 3 p.m. Jan. 5 on Walnut Street in Batavia and then failed to return it. He was taken to Batavia Police Department for processing and then released on an appearance ticket returnable to Batavia City Court on April 6. The case was handled by Batavia Police Officer Peter Flanagan.

Tevin A. Lise, 30, of North Park Street, Clyde, and Maurice D. Bishop, no age or address provided, are charged with unlawful possession or marijuana in the second degree. Additionally, Lise is charged with aggravated unlicensed operation in the second degree. They were arrested at 7:44 p.m. Jan. 12 on Ross Street in Batavia after a traffic stop. They were issued appearance tickets and are due in Batavia City Court on March 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

Janell M. Sauer, 45, of Gorski Street, Buffalo, is charged with petit larceny. She was arrested following an incident at 1:32 p.m. Jan. 16 on West Main Street in Batavia. It is alleged she shoplifted from a business. She was issued an appearance ticket and is due in Batavia City Court on April 13. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Joshua Girvin.

Jason A. Mcfollins, 43, of North Spruce Street, Batavia, was arrested on a bench warrant issued for failure to appear in court on June 25 (reason unspecified) after turning himself in at Batavia Police Headquarters. He was issued an appearance ticket and is due in Batavia City Court on Jan. 27. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Grand Jury: Man accused of driving without a license while intoxicated

By Billie Owens

Timothy M. Brady is indicted for driving while intoxicated as a misdemeanor, a violation of vehicle and traffic law. It is alleged that on Aug. 28 in the Town of Bergen that Brady drove a 2003 GMC on Townline Road while he was intoxicated. In count two, Brady is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count two that he drove that day while under the influence of alcohol or a drug when his license to drive was suspended pending prosecution on Jan. 20, 2020 and that the suspension was still in effect Aug. 28.

Law and Order: Illinois man accused of strangulation on South Swan in the city, causing stupor

By Billie Owens

Nathan P. Rich, 32, of Sherman Court, Atlanta, Ill., is charged with second-degree strangulation. He was arrested after a domestic incident that occurred at 7:40 a.m. Jan. 6 on South Swan Street in Batavia. It is alleged that Rich put his hands around the victim's throat and applied pressure, causing stupor in the victim. He was taken to Genesee County Jail and processed, then virtually arraigned in Batavia City Court. He was put in jail on $10,000 bail, $20,000 bond, or $40,000 partially secured bond. The case was handed by Batavia Police Officer Miah Stevens, assisted by Officer Felicia DeGroot.

Erica Lynn Frith, 37, of Gateway Drive, Batavia, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated; leaving the scene of a property damage accident; moving from lane unsafely; and violating the conditions of a restricted driver's license. Frith was arrested after an investigation into a property damage accident that occurred at 1:26 p.m. Jan. 10 on South Main Street in Batavia. It is alleged the defendant was driving in a westerly direction on South Main Street when her vehicle struck a parked City of Batavia Police car. She is accused of then leaving the scene. She was issued traffic tickets and is due in Batavia City Court on March 3. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Adam Tucker.

Wayne D. Potter, 37, no permanent address, was arrested on Jan. 12 and charged with criminal possession of a weapon in the third degree and second-degree menacing. He was arrested in connection to a disturbance that occurred at 1:30 p.m. Jan. 11 on Liberty Street in Batavia. It is alleged that Potter brandished a knife during the disturbance. He has previous felony convictions and was ordered put in jail wiothout bail after his arraignment in Batavia City Court. He is due to return to court Feb. 25. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Adam Tucker.

Alexandro Rodriguez, 24, of Dellinger Avenue, Batavia, is charged with: second-degree criminal contempt; second-degree burglary -- of a dwelling; second-degree harassment; and unlawful possession of marijuana in the second degree. At 1:29 a.m. on Jan. 13, Batavia police responded to Dellinger Avenue after being notified that Rodriguez was allegedly back at a residence of a victim who had been issued an order of protection against him the previous day. He was arraigned in Batavia City Court and put in Genesee County Jail on $1,000 cash bail, $2,000 bond, or $4,000 partially secured bond. He was due back in city court late in the morning of Jan. 13. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

James F. Perry Sr., 35, of Central Avenue, Batavia, is charged with: acting in a manner injurious to a child less than 17 years old; disobeying a mandate ordered by a judge; aggravated family offense -- more than one offense within five years; and first-degree criminal contempt -- violation of an order of protection, with physical contact. Perry was arrested at United Memorial Medical Center at 12:52 p.m. Jan. 12 on a warrant out of Batavia City Court. The warrant stems from a domestic incident on Oct. 7 on State Street in Batavia. He was transported to jail and arraigned in city court, then put in jail on $1,000 bash bail, $2,000 bond, or $2,000 partially secured bond. He is due back in court on Feb. 18. The case was handed by Batavia Police Officer Miah Stevens, assisted by Officer Felicia DeGroot.

Jose Antonio Rivera, 34, of Swan Street, Batavia, is charged with second-degree criminal contempt and second-degree burglary. He was arrested Jan. 10 after an investigation into a domestic incident that occurred at 4:09 a.m. that day on Swan Street. It is alleged he violated an order of protection and burglarized a house. He was arraigned in Batavia City Court and put in Genesee County Jail with bail (unspecified). He is due back in court on Feb. 17. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Michael Robert Price, 35, of Pearl Street Road, Batavia, is charged with fourth-degree criminal mischief. On Jan. 13, Batavia Police Officer Peter Post arrested Price after a domestic incident at 8:50 p.m. in which it is alleged Price damaged a victim's property during an argument. He was arraigned in Batavia City Court and an order of protection was issued for the victim. He was then released on his own recognizance. Price is due back in city court on March 4.

Paula G. Pierce, 28, of State Street, Batavia, is charged with fourth-degree criminal mischief. She was arrested at 6:39 p.m. on Jan. 14 after an investigation of an incident in which it is alleged that Pierce intentionally damaged the property of another person during an argument. She was released from custody with an appearance ticket to be in Batavia City Court on March 23. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Peter Post.

Michael James Denning, 38, of Owens Road, Brockport, is charged with third-degree criminal mischief, fourth-degree criminal mischief, and endangering the welfare of a child. He was arrested at a residence on Leroy Street in the Village of Bergen after the investigation of a physical domestic incident reported at 8:09 p.m. on Jan. 14. It is alleged that he broke a female's $700 cell phone while she attempted to call 9-1-1. This allegedly occurred in the presence of a 4-year-old child. He was arraigned in Genesee County Court on Jan. 15 and a stay away order of protection was issued for the victim. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Jamie Lee Broadbent, 38, of Hutchins Street, Batavia, is charged with petit larceny and endangering the welfare of a child. Broadbent was arrested after a shoplifting complaint was made at a store on Veterans Memorial Drive in Batavia at 3:55 p.m. on Jan. 17. It is alleged that Broadbent stole property and passed all points of purchase without paying. The defendant allegedly did this while in the presence of a juvenile. Broadbent was released with an appearance ticket to be in Town of Batavia Court on March 4. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Charles J. Rodriguez, 44, of West Main Street, Batavia, is charged with third-degree bail jumping. Batavia Police Officer Peter Post arrested Rodriguez after the defendant allegedly missed several appearances in Batavia City Court. After his arraignment, Rodriguez was released under supervision of Genesee Justice. He is due back in court Feb. 25. Batavia Police Officer John Gombos assisted Post in the case.

Grand Jury: Woman accused of ID theft; Fargo Road victim got her medical bills

By Billie Owens

Donna Hartman is indicted for the crime of second-degree identity theft, a Class E felony. It is alleged that on July 6 in the Town of Dalton, Livingston County, that Hartman knowingly and intentionally assumed the identity of another person in order to benefit herself monetarily in an amount exceeding $500. It is alleged in the first count that she presented herself to Livingston County Ambulance staff as a person residing on Fargo Road in Stafford, resulting in an ambulance bill for $835 to be sent to the victim. In count two, she is accused of the same crime at Noyes Memorial Hospital, resulting in a bill for hospital service to be sent to the same victim for $732.65. In counts three and four, Hartman is accused of falsifying business records in the first degree, also a Class E felony, for her actions to cause ambulance service records and also hospital business records to reflect false information regarding her name and address.

Jorge L. Rodriguez is indicted for the crime of second-degree criminal mischief, a Class D felony. It is alleged that on Aug. 22 on the Thruway that he intentionally damaged property belonging to another person -- a 2017 Chevrolet -- in an amount exceeding $1,500. In count two, Rodriguez is accused of second-degree reckless endangerment. It is alleged that he drove recklessly that day, in a manner that created substantial risk of serious physical injury. He is accused in count two of purposely ramming his vehicle into the victim's vehicle while another victim was standing between the two vehicles.

Amanda M. Webb is indicted for the crime of criminal mischief in the third degree, a Class E felony. It is alleged that on Nov. 1 in the City of Batavia that Webb intentionally damaged property belonging to another person -- a 2009 Chevrolet -- in an amount exceeding $250. In count two she is accused of second-degree harassment. It is alleged in count two that Webb, with intent to harass, annoy or alarm another person, struck, shoved, kicked or otherwise subjected a victim to physical contact or threatened to do so.

Lawrence D. Williams is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on Oct. 4 while at Walmart in Batavia that he passed a counterfeit $100, knowing it was not real, with the intent to defraud.

Joshua G. Bachorski is indicted for second-degree burglary, a Class C violent felony. It is alleged that on Oct. 9 Bachorski knowingly entered or remained unlawfully in a dwelling on Pearl Street in the City of Batavia with the intent to commit a crime. In count two, he is accused of third-degree burglary, a Class D felony, for likewise entering an outbuilding at the same address on that date with the same intention. In count three, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing a lawnmower owned by the victim.

Taylor K. Laird is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on May 28 in the City of Batavia that she drove a 2002 Dodge on Pearl Street while having a BAC of .08 percent or more, and while a child age 15 or less was a passenger. In count two, Laird is accused of aggravated DWI, a Class E felony, while a child age 15 or less was a passenger. In count three, Laird is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for driving that day while her license was suspended or revoked by authorities, and while she was under the influence of alcohol or a drug.

Chad M. Putney is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on March 30 in the Town of Le Roy that Putney drove a 2008 Ford on Route 5 while he was intoxicated. In count two, he is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent or more at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for having in effect three or more suspensions at the the time, imposed on at least three separate dates: Feb. 3, 2018; Dec. 8, 2018; and July 15, 2019 for failure to answer, appear or pay a fine.

Law and Order: Washington Avenue man accused of smoking crack in vestibule of Sheriff's Office

By Billie Owens

Chad Michael Johnston, 34, of Washington Avenue, Batavia, is charged with criminal possession of a controlled substance in the fourth degree -- a stimulant. At 1:07 a.m. on Jan. 14 Johnston was arrested. He was observed by Genesee County Emergency dispatchers in the vestibule of the Sheriff's Office on Park Road in Batavia. While there, he was allegedly observed on video footage using a lighter in the corner. Upon further investigation, he was allegedly found in possession of seven baggies of crack cocaine. It was also found that Johnston allegedly used the lighter to light a glass pipe to smoke the crack cocaine while inside the vestibule. He was held in county jail and arraigned at 9 o'clock the same morning in Batavia City Court. Bail, if any, or status not provided. The case was handled by Deputy Jacob Gauthier, assisted by Sheriff James Stack.

Tawnya L. Muscato, 30, no address provided, of Batavia, is charged with: driving while ability impaired by drugs; criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; and speeding. She was arrested by the Wyoming County Sheriff's Office after a traffic stop on Route 98 at School Street in the Town of Sheldon on Dec. 27. Moscato was stopped for allegedly speeding -- driving at 56 mph in a 35-mph zone -- on Route 20A. During the traffic stop she was allegedly found to possess five bags of suspected fentanyl and multiple pieces of drug use and packaging paraphernalia. In addition, she allegedly performed poorly on roadside sobriety testing and was taken to the Wyoming County Sheriff's Office for processing. While there, a Drug Recognition Expert from Warsaw Police Department evaluated her and allegedly determined Moscato was impaired by drugs and unable to drive a vehicle safely. She was released to a sober third party after being issued appearance tickets to be in Town of Sheldon Court Jan. 11. The case was handled by Sgt. Colin Reagan.

Police looking for vehicle involved in hit-and-run on Holmes Avenue

By Howard B. Owens

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Police are looking for a vehicle and driver involved in a hit-and-run accident on Holmes Avenue in Batavia yesterday.

The incident was reported at about 11 a.m. Monday.

A resident described the suspect vehicle as a gray Jeep Cherokee that will be missing a front headlight.  

The vehicle struck a parked car and hit a mailbox.

Anyone with information that may assist in the investigation can contact Batavia PD at (585) 343-5000.

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Law and Order: Albion landlord accused of criminal trespass at Oakfield tenant's residence

By Billie Owens

Judy Kaye Ward, 69, of East Park Road, Albion, is charged with criminal trespass. On Jan. 5 at 7:50 p.m. Genesee County Sheriff's Office was called to an address in the first block of Sunset Parkway in Oakfield for the report of a burglary. After an investigation, it was allegedly determined that the landlord of the property -- Ward -- entered the residence of the victim through a side door and remained unlawfully on the premises. She was arrested then released with an appearance ticket to be in Oakfield Town Court on Feb. 8. The case was handled by Deputy Kyle Tower, assisted by Deputy Erik Andre.

Walter Bernard Hale Jr., 43, of West Main Street, Batavia, is charged with: felony driving while intoxicated -- with two previous convictions within 10 years; aggravated unlicensed operation in the first degree; use of a motor vehicle with an ignition interlock device; refusal to take a breath test; drinking alcohol in a motor vehicle while on a public highway; and having no front license plate. At 5:29 p.m. Jan. 9, Hale was arrested after a traffic stop on Ellicott Street Road in the Town of Pavilion. It is alleged that Hale drove a motor vehicle while under the influence of alcohol and while his driver's license was revoked. He was jailed without bail after arraignment in Pavilion Town Court and is due in Genesee County Court on Feb. 8. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Kenneth Quackenbush.

Mark L. Farley, 52, of Harvester Avenue, Batavia, is charged with: unlawful imprisonment; criminal obstruction of breathing; and criminal contempt in the first degree. He was arrested after a domestic incident at noon Dec. 31 on Harvester Avenue, arraigned in Batavia City Court, then put in Genesee County Jail with bail set at $1,000 cash or $2,500 bond or $5,000 partially secured bond. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Peter Post.

David N. Hanna, 44, no permanent address, Batavia, is charged with obstructing a government official and failure to obey a police officer. On Jan. 6 at about 2 a.m., Batavia Police Officer Nicole McGinnis noticed a vehicle in the area of Jackson and Center streets driven by a person allegedly exhibiting suspicious behavior. After some time, McGinnis approached the driver to investigate the possiblity of intoxication. Hanna reportedly immediately attempted to flee in his vehicle from the officer, but was stopped short of doing so when other officers arrived on scene. "Hanna was highly uncooperative with officers and refused to get out of his vehicle." Hanna was arrested, arraigned in Batavia City Court, then released on his own recognizance. He is due back in city court on Feb. 16. McGinnis was assisted by Officer Arick Perkins in the case.

John A. Cabrera, 53, of Mill Street, Batavia, is charged with criminal trespass and harassment. Batavia Police Officer Peter Post arrested Cabrera on Jan. 6 after the defendant allegedly pushed a person during an argument at 4:21 p.m. that day at a rooming house on Mill Street in Batavia. Cabrera was arraigned in Batavia City Court then released on his own recognizance. He is due back in city court on Feb. 25. Post was assisted by Officer Christopher Lindsay.

Linda A. Styer, 34, of Clay Street, Batavia, is charged with second-degree harassment. She was arrested on Jan. 5 after she allegedly pushed a shopping cart into another person after an argument at 4:58 p.m. at a business on East Main Street in Batavia. She was issued an appearance ticket for Feb. 23 in Batavia City Court. The case was handled by Batavia Police Officer Sean Wilson.

Kyle A. Scheuerlein, 28, of Overlook Drive, Batavia, is charged with second-degree criminal contempt. He was arrested on Jan. 1 at a lower apartment on Washington Avenue in the City of Batavia after being observed at 3:50 p.m. New Year's Day at the residence of a person who has a stay away order of protection. The officers were investigating another incident at the time when they spotted Scheuerlein. He was arraigned in Batavia City Court and put in jail on $7,000 cash bail or $15,000 bond or $25,000 partially secured bond. He is due back in court Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Samuel Freeman. 

Kyle A. Scheuerlein, 28, of Overlook Drive, Batavia, is charged with second-degree harassment. He was arrested on Jan. 1 at a lower apartment on Washington Avenue in the City of Batavia. It is alleged that on Dec. 18 he spit on a person during an argument at 10:55 p.m. He was processed, arraigned in Batavia City Court, released on his own recognizance but held on charges relating to a separate incident. He is due back in court on Feb. 4. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Samuel Freeman.

Kyle A. Scheuerlein, 28, of Overlook Drive, Batavia, is charged with second-degree criminal contempt and second-degree burglary. He was arrested on Jan. 1 at a lower apartment on Washington Avenue in the City of Batavia. It is alleged that on Dec. 19 at 12:25 a.m. that he was observed at the residence of a person who has a stay away order of protection. The officers were investigating another incident at the time. He was arraigned in Batavia City Court and put in jail on $7,000 cash bail or $15,000 bond or $25,000 partially secured bond. He is due back in court Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Samuel Freeman. 

Jason William Whitehead, 23, of Shady Lane, Batavia, is charged with fourth-degree criminal mischief. He was arrested on Dec. 31 after an incident that occurred at 2:42 p.n. Dec. 30 on East Main Street in Batavia. It is alleged that Whitehead damaged another person's vehicle during an argument. He was issued an appearance ticket and is due in Batavia City Court on Feb. 16. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Samuel Freeman.

Randy K. Wilmet, 44, of Bank Street, Batavia, was arrested Jan. 1 on a bench warrant out of Batavia City Court for allegedly failing to appear in court Nov. 10 on a charge(s) from a previous arrest (unspecified). He was put in jail after arraignment and bail set at $5,000 cash, $10,000 bond or $20,000 partially secured bond. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Cassandra  M. D'arconte, 22, of Bank Street, Batavia, is charged with second-degree criminal contempt. She was arrested after the investigation of a violation of an order of protection that occurred at 2:14 a.m. on Dec. 31 on North Street in the City of Batavia. She was issued at appearance ticket and is due in Batavia City Court on Feb. 23. The case was handled by Batavia Police Officer Sean Wilson.

Justin Thomas Stimson, 33, Hartshorn Road, Batavia, is charged with criminal possession of a forged instrument in the second degree and offering a false instrument for filing in the first degree. On Jan. 8, after an investigation into the alleged fraudulent placement of several firearms on a pistol permit, Stimson was arrested. The incident allegedly occurred on Main Street in Batavia on June 22. Stimson was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court March 4. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Nicole Lee Cramer, 31, of Albany Street, Buffalo, is charged with petit larceny. At 10:02 a.m. on Jan. 6, Cramer was arrested on a warrant out of Town of Batavia Court for an incident reported at April 16 on Clinton Street in Batavia. She was taken to jail then arraigned in Genesee County Court. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

David Paul Haka, 57, of Bowerman Avenue, Scottsville, is charged with petit larceny. Batavia Police Officer Peter Post arrested Haka on a warrant out of Batavia City Court for an incident reported at 2:21 p.m. Sept. 28 on East Main Street in Batavia. Haka was arraigned in Batavia City Court then released on his own recognizance. He is due back in city court Feb. 24.

Frank James Morrocco, 64, of Grant Street, Batavia, is charged with petit larceny. He was arrested Jan. 4 on a warrant out of Batavia City Court. It is alleged that on March 14 that Morrocco stole merchandise from a business on West Main Street in the City of Batavia. He was arraigned in city court then released under supervision of Genesee Justice. He is due back in court on Feb. 25. The case was handled by Batavia Police Officer Christopher Lindsay.

Law and Order: Phelps Road man accused of driving with revoked license while on multiple drugs after injury accident

By Billie Owens

Derek Francis McQueen, 33, of Phelps Road, Corfu, is charged with: second-degree vehicular assault; driving while ability impaired by combined influence of drugs; third-degree aggravated unlicensed operation; following too closely; and unlicensed operator. At 1:04 p.m. Sept. 16, the Genesee County Emergency Dispatch Center received a report of a two-vehicle collision with injury on Batavia Elba Townline Road in the Town of Elba. Following an investigation into the accident, it was determined that McQueen -- operator of the striking vehicle -- was at fault. A license check found the NYS driver's license was revoked. During the course of the investigation, it was suspected that McQueen was under the influence of drugs. Field sobriety tests were administered and he was subsequently arrested. The defendant was taken to the Genesee County Jail where City of Batavia Police Detective Matthew Wojtaszczyk, a certified Drug Recognition Expert, administrered a drug influence evaluation, which allegedly determined McQueen to be under the influence of multiple categories of drugs. On Monday, Jan. 4, he was charged in the case due to the injury sustained by an occupant of the other vehicle involved. He was issued an appearance ticket and is due in Elba Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Law and Order: Holley man accused of raping woman too intoxicated to give consent

By Billie Owens

Juan M. Mendez, 20, of Holley, no address provided, is charged with first-degree rape -- sexual intercourse with another person who is incapable of consent by reason of being physically helpless. It is alleged that at midnight on Sept. 4 on Batavia Stafford Townline Road, in Batavia, that Mendez had sexual intercourse with a female who was incapable of consent due to her level of intoxication, rendering her helpless. He was put in Genesee County Jail following his arrest and arraignment and his bail was set at $2,500 cash or $10,000 bond. Mendez is due in Town of Batavia Court on Jan. 28. The case was investigated by Genesee County Sheriff's Office Investigator Joseph Loftus.

William Richard Kapelke, 38, is charged with endangering the welfare of a child and criminal obstruction of breathing. On Dec. 31, he was arrested after the investigation of a domestic incident that occurred at 8 a.m. on West Main Street Road in the Town of Batavia. It is alleged that Kapelke choked a female durihg a verbal and physical altercation, and that this occurred in the presence of the victim's child, who is under the age of 17. He was arraigned in Genesee County Court and released on his own recognizance. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Mathew Clor.

Dylan S. Pehrson, 18, of Franklin Street, Batavia, is charged with: criminal mischief in the fourth degree; criminal mischief in the second degree; grand larceny in the fourth degree; and third-degree robbery. The arrest follows a domestic incident that occurred at 3:06 p.m. Dec. 20 on Franklin Street. It is alleged that the defendant forcibly took items from the victim and broke property at the residence. After arraignment in Batavia City Court, Pehrson was released on their own recognizance and is due back in city court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Joanne K. Harper, 56, of Pavilion, no address provided, is charged with: failure to keep right; driving while ability impaired by drugs; and driving while ability impaired by a combination of drugs and alcohol. At 3:27 p.m. on Dec. 20, the Wyoming County Sheriff's Office Emergency Dispatch Center received a report of a two-car head-on collision with injury on Old State Road near Silver Lake Road in the Town of Covington. It was also reported that one of the drivers was trapped and could not get out of the vehicle. Responding deputies observed two vehicles that had collided on the north shoulder of the westbound lane on a blind curve. Deputies freed the entrapped driver and both drivers were medically evaluated by Perry and Monroe ambulance medics. The eastbound vehicle appeared to have swerved into the westbound lane, causing the head-on collision. The driver of the eastbound vehicle, Harper, was given field sobriety testing and arrested. She was taken to Attica Police Department for evaluation by the NYS certified Drug Recognition Expert, who reported that she was allegedly under the influence of multiple drugs and could not operate a vehicle safely. Harper is due in Town of Covington at a later date. The case was handled by Wyoming County Sheriff's Deputy Austin Harding.

Morgan Elizabeth Rector, 21, of Pickthorn Drive, Batavia, is charged with fourth-degree criminal mischief. She was arrested after an investigation into a domestic incident that occurred on Pickthorn Drive at 2:53 p.m on Dec. 27. It is alleged that she damaged property. Following her arrest, she was released on an appearance ticket to be in Batavia City Court on Feb. 23. The case was handled by Bataiva Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Cassandra M. D'arconte, 22, of North Street, Batavia, is charged with second-degree harassment and criminal contempt in the first degree. She was arrested on Dec. 23 after the investigation of a domestic incident that occurred at 4:31 p.m. that day on North Street. It is alleged that she violated an order of protection that was issued the same day. She was arraigned in Batavia City Court and released under supervision of Genesee Juctice. D'arconte is due back in city court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Taylor M. Peyman, 29, of Ellicott Street Road, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; unsafe backing; aggravated unlicensed operation in the third degree; and DWI -- common law. On Dec. 19, Peyman was arrested after an investigation into an accident that occurred at 8:20 p.m. in the area of Jackson Square. Peyman was released with appearance tickets and is due in Batavia City Court on March 3. The case was handled by Batavia Police Officer Samuel Freeman.

Tammy Rene Daigler was arrested at 3:55 a.m. on Jan. 1 on Wiard Street in the City of Batavia for driving while intoxicated -- first offense. She was stopped for a vehicle and traffic law violation and, following an investigation, allegedly found to be impaired by alcohol and to have a suspended driver's license. She is due in Batavia City Court on Jan. 13. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy James Stack and City of Batavia Police.

Michael Shane Lytle, 31, of State Street, Batavia, is charged with criminal possession of a weapon in the third degree -- with a previous conviction, and unlawfully selling fireworks with a value of $500 or more. He was arrested at 12:03 p.m. on Dec. 21 on State Street after an investigation by Genesee County Probation Department and city police. It is alleged that he possessed an illegal metal knuckle knife and more than $500 worth of illegal fireworks. He was arraigned in Genesee County Jail virtually by Batavia City Court and released inder supervision of Genesee Justice. Lytle is due to return to city court on Feb. 18. The case was handled by Batavia Police Officer Austin Hedges.

Casey Thomas Vaughn, 31, of Prune Street, Batavia, is charged with petit larceny. Vaughn was arrested on Dec. 28 after an investigation into a larceny that occurred Dec. 20 at 5:08 p.m. at the Mobile Gas Station on East Main Street in Batavia. It is alleged the defendant stole products from the convenience store. He was issued an appearance ticket and is due in Batavia City Court on Feb. 23. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Sean Wilson.

Richard J. Burdick, 42, of Central Avenue, Batavia, is charged with petit larceny. He was arrested on Dec. 26 after allegedly stealing a shipping cart full of goods from Tops Market in Batavia at 10:29 a.m. He was processed on scene and released with an appearance ticket for Batavia City Court on Feb. 16. The case was handled by Batavia Police Officer Mitchell Cowen

Robert C. Strollo, 60, of Bethany Center Road, East Bethany, was arrested by Batavia Police Officer Peter Post after Strollo turned himself in on a bench warrant for petit larceny out of Batavia City Court.

Grand Jury: Woman accused of possessing cocaine and fentanyl in the city with intent to sell

By Billie Owens

Desiree M. Hutchinson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Hutchinson knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, she is accused of the same crime for allegedly possessing fentanyl that day with intent to sell it. In count three, she is accused of criminal possession of a crontrolled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more substanes containing a a narcotic drug -- cocaine -- which had an aggregate weight of one-eighth of an ounce or more.

Montell L. Cunningham is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Sept. 13 in an upper apartment on Tracy Avenue in the City of Bataiva that he unlawfully entered a dwelling with the intent to commit a crime and while there caused physical injury to a female victim. In count two, his is accused of second-degree strangulation, a Class D violent felony, for allegedly applying pressure to her neck or throat, with the deliberate intention of impeding normal breathing or blood circulation, and thereby caused stupor, loss of consciousness or physical injury or impairment. In count three, Cunningham is accused of second-degree harassment, a violation. It is alleged in count three that on that day, with intent to annoy or alarm a person, that he struck, shoved, kicked or otherwise subjected the female victim to physical contact.

Anthony J. Welch is indicted for the crime of criminal possession of a controlled substance -- cocaine -- with intent to sell it, a Class B felony. It is alleged that on May 22 in the City of Batavia that Welch possessed cocaine with intent to sell it. In count two Welch is accused of tampering with physical evidence, a Class E felony. It is alleged in count two that on May 22 that he acted with intention to conceal evidence -- upon being confronted by a uniformed police officer, he hid a quantity of cocaine between his buttocks. In count three, Welch is accused of the crime of promoting prison contraband in the frist degree, a Class D felony. It is alleged in count three that on that day he knowingly and unlawfully introduced cocaine into a detention facility -- the Genesee County Jail. In count four, Welch is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count four that on that day he knowingly had scales used to weigh or measure controlled substances and that he intended to use them for unlawfully packaging or dispensing a narcotic drug or stimulant.

David P. Grossman is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Aug. 4 that Grossman entered and remained unlawfully in a dwelling on Highland Park in the City of Batavia with the intent to commit a crime. In count two, he is accused of third-degree criminal mischief, a Class E felony. It is alleged in count two that one that day he damaged property belonging to another person in an amount exceeding $250 -- a City of Batavia police patrol vehicle. In count three, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for damaging property belonging to another person -- a door and the face of a clock. In count four, he is accused of resisting arrest, a Class A misdemeanor, for preventing or attempting to prevent a police officer from arresting him. In count five, Grossman is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for impairing or attempting to impair a public servant from performing an official function by means of intimidation, force or unlawful act. In count six, the defendant is accused of third-degree coercion, a Class A misdemeanor, for making a demand of an officer and instilling fear that if the demand was not complied with, the defendant would cause physical harm to the officer. In counts seven and eight, respectively, Grossman is accused of endangering the welfare of two children, a Class A misdemeanor, for knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of children less than 17 years old.

Jennifer D. Abrams and Tarus O. Fluitt are indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 16 at the Crosby's store on Clinton Street Road in the Town of Batavia that these defendants committed the crime of second-degree criminal mischieg, a Class D felony. It is alleged that on Sept. 16 they intentionally damaged property belonging to another person in an amount exceeding $1,500 -- mutiple doors, a kitchen sink and merchandise at that Crosby's location. In count three, they are accused of third-degree grand larceny, a Class D felony, for allegedly stealing porperty having a value of more than $3,000 -- cigarettes worth $3,500. In count four, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally engaging in conduct that constituted a felony and they agreed and engaged in such conduct.

Aurelio A. Figueroa is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between July 2014 and July 2019 that Figueroa stole property valued at greater than $3,000 --- a total of $9,321 in SNAP (Supplemental Nutrition Assistance Program) benefits. In count two, he is accused of offering a false instrument for filing in the first degree, a Class E felony. It is alleged in count two that on July 5, 2017 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count three, he is accused of the same crime for filing another written instrument -- a Landlord Statement -- allegedly knowing it contained false information and presented it with the intent to defraud a public authority. In count four, it is alleged that on Jan. 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count five it is alleged that on Jan. 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count six, it is alleged that on June 19, 2017 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count seven, it is alleged that on June 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count eight, it is alleged that that on Jan. 14, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count nine, it is alleged that on Jan. 11, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 10, it is alleged that on July 9, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 11, it is alleged that on July 9, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 12, it is alleged that on July 16, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In counts 13 and 14, Figueroa is accused of falsifying business records in the first degree, a Class E felony, for allegedly making a false entries into business records by submitting Shelter Verification forms which had information crossed out on Jan. 19, 2018 and Jan. 14, 2019, respectively.

Ana M. Uribe is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between August and November 2019 in the Town of Batavia that she stole property with a value exceeding $3,000 -- a total of $3,218 in SNAP (Supplemental Nutrition Assistance Program) benefits and public assistance. In count two, Uribe is accused of offering a false instrument for filing in the first degreem a Class E felony. It is alleged in count two that on Sept. 4, 2019 in the Town of Batavia that she submitted a SNAP/Public Assistance Recertification to public authorities knowing that is contained false information and did so with the intent to defraud them.

Robert A. Bell Jr. is indicted for the crime of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that on March 13 of this year that Bell, in the City of Batavia, knowingly possessed stolen property with the intent to benefit himself and its value exceeded $3,000 -- a 2008 Hummer H2.

Craig L. Fien is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on July 22 on Lake Street in the Village of Le Roy that Fien possessed a dangerous instrument -- a bat -- with intent to use it unlawfully against another person. In count two, he is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day he intentionally placed a person in reasonable fear of physical injury, serious physical injury or death by means of displaying a dangerous instrument -- a bat. In Special Information filed by District Attorney Lawrence Friedman, Fien is accused of having been convicted of: petit larceny, a Class A misdemeanor, on Oct. 22, 2014 in Monroe Couny Court, and the same crime on Nov. 15, 2016, in Town of Batavia Court; criminal possession of stolen property in the fourth degree, a Class E felony, on Aug. 14, 2019 in Genesee County Court; and these convictions form the basis for count one in the current indictment.

Law and Order: Le Roy teen accused of breaking into village residence at 3 a.m. while occupants were asleep

By Billie Owens

Tyler B. Williams (inset photo left), 19, of Summit Street, Le Roy, was arrested by the Le Roy Police Department on Dec. 17 and charged with: second-degree burglary, a Class C felony; possession of burglar tools, a Class A misdemeanor; and second-degree criminal trespass, also a Class A misdemeanor.

Williams was arrested after he allegedly unlawfully entering an occupied village residence at 3 a.m., while the occupants were asleep upstairs. They awoke upon hearing noises in the upstairs hallway and the homeowner confronted Williams at gunpoint, holding him until the police arrived.

It is alleged that Williams unlawfully entered the residence with intent to commit a crime therein and while inside the residence possessed a cell phone he used as a flashlight to assist in the burglary. No one was hurt during the incident and no shots were fired.

This investigation is ongoing and anyone with information or having similar incidents is asked to contact the Le Roy Police Department at 345-6350.

UPDATE Dec. 30, 6:23 p.m.: The defendant was released on his own recognizance after processing.

Law and Order: Bank Street man accused of stabbing person during domestic dispute

By Billie Owens

Brodes J. Gibson, 59, of Bank Street, Batavia, is charged with second-degree assault and criminal possession of a weapon in the third degree. Gibson was arrested on an unrelated incident by Medina PD and later turned over to Batavia PD on a City of Batavia Court arrest warrant. The local charges stem from a domestic incident at 3 a.m. Oct. 20 at a lower apartment on Bank Street in the city. Gibson allegedly stabbed a person with a knife. Following arraignment, he was jailed without bail. He was due back in court on Dec. 23. The case was handled by Batavia Police Officer Stephen Cronmiller.

Christopher A. Sewar, 34, of Liberty Street, Batavia, is charged with second-degree burglary and second-degree criminal contempt. He was arrested Dec. 19 after an investigation into an incident at 3:38 p.m. Dec. 19 at an upper apartment on Maple Street in Batavia. It is alleged that he violated a court order and burglarized a residence. He was arraigned in Batavia City Court and put in jail. Bail status not provided. He is due back in court on Jan. 25. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Wesley Rissinger.

Aaron Michael Hatt, 24, of Broadway Road, Alexander, is charged with: operating a motor vehile while impaired by drugs; driving while impaired by a combination of drugs and alcohol; aggravated unlicensed operation in the third degree; unlicensed operation of a motor vehicle; vehicle at a standstill on a public highway. Hatt was arrested at 9:22 a.m. on Dec. 24 on Old Creek Road in Alexander after an investigation of a vehicle parked in the roadway with a male slumped over the wheel. He was issued tickets and is due in Alexander Town Court on Feb. 9. The case was handled by Genesee County Sheriff's Deputy Jacob, assisted by Deputy Ryan DeLong.

Jason W. Wolf, 44, of Maple Street, Batavia, is charged with: insufficient turn signal; consumption of alcohol in a motor vehicle; refusal to take a breath test; aggravated unlicensed operation of a motor vehicle in the first degree; and unlicensed operator. Wolf was arrested at 8:30 p.m. on Dec. 20 on Elm Street in Batavia. The arrest was made after a complaint about an allegedly intoxicated driver on East Main Street. The vehicle was located and a traffic violation was allegedly observed. Wolf was arraigned in Batavia City Court and put in jail. Bail status not provided. He was due to return to city court on Dec. 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Law and Order: Pair of DWI arrests after accidents in Pembroke and Pavilion

By Billie Owens

Brent Joseph Graham, 32, of Sand Hill Road, Akron, is charged with: driving while intoxicated -- with two previous convictions within 10 years; aggravated DWI -- a BAC of .18 percent or more -- with two previous convictions within 10 years; aggravated unlicensed operation in the first degree; reckless driving; failure to reduce speed under special hazard; operating a vehicle without an ignition interlock device as required; and operation in violation of restrictions. After a personal-injury accident on Main Road in the Town of Pembroke at 10:13 p.m. on Oct. 25, Graham was arrested. He was issued appearance tickets and is due back in Town of Pembroke Court on Jan. 21. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Jason Saile. They were also assisted by the New York State Police, City of Batavia Fire Department Special Operations Water Rescue Team, Mercy EMS, and Pembroke and Indian Falls fire departments.

Alyssa Jade Garrett, 22, of North Street, Geneseo, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; and moving from lane unsafely. Garrett was arrested at 6:35 p.m. on Dec. 20 on Perry Road in the Town of Pavilion following a property-damage accident. She was released on appearance tickets and is due in Pavilion Town Court on Jan. 5. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Sgt. Andrew Hale.

Funeral home owner accused of stealing from customers makes first appearance in County Court

By Howard B. Owens
tomaszewskimugjuly2020.jpg
     Michael Tomaszewski

Funeral home owner Michael S. Tomaszewski, arrested in July after an investigation that uncovered multiple incidences of potential fraud, was arraigned in Genesee County Court today on more than 200 counts of grand larceny, falsifying business records, offering a false instrument in filing, scheme to defraud, and failure to deposit.

As he did when first arrested and arraigned in Town of Batavia Court, Tomaszewski entered a not guilty plea.

Tomaszewski waived his right to have a grand jury review the evidence against him and potentially issue indictments against him. He was arraigned on what's known as Superior Court Information (SCI) that lays out all the charges in the same form as a grand jury indictment.

It is 101 pages long.

Tomaszewski is accused of taking money people used to prepay for funerals and instead of depositing the money in appreciate bank accounts then using the money for other purposes.

The SCI indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include: 67 counts of third-degree grand larceny; 28 counts of fourth-degree grand larceny; four counts of falsifying business records; 93 counts of failure to deposit; seven counts of petit larceny; and counts of offering a false instrument for filing in the first degree; and scheme to defraud.

During the virtual arraignment today, the attorneys discussed the possibility of reaching a plea deal within the next six weeks.

Tomaszewski remains released from custody on his own recognizance. His next scheduled court appearance, which will also be virtual, is 1:30 p.m., Feb. 2.

Alecia Kaus/Video News Service contributed to this report.

Previously:

Batavia man who previously served time on child pornography charges indicted by Feds again

By Howard B. Owens

A 52-year-old Batavia man already previously convicted on child pornography charges has been indicted once again in Federal Court.

Matthew Barber is charged with receipt and possession of child pornography, which carries a minimum mandatory penalty of 15 years in federal prison.

According to the U.S. Attorney's Office of Western New York was previously convicted in 2007 and was sentenced in 2007 to 74 months in federal prison. He was given five years of supervised release but he failed a sex offender treatment program.

Barber reportedly had a job in Batavia. He was dismissed after allegedly placing a USB flash drive into a work computer. He May, he was charged locally with unauthorized use of a computer.

As a condition of his parole, Barber was required to notify NYS Parole if he was terminated from employment. That day, U.S. Probation and NYS Parole searched his residence and seized a cellular phone and a flash drive.

According to the U.S. Attorney's office, investigators found 1,100 images and 40 videos of child pornography on the drive. Several hundred other images and 200 videos were allegedly found on the phone.

Barber was arraigned today in Federal Court. 

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; and the Batavia Police Department, under the direction of Chief Shawn Heubusch.

National Grid alerts customers of scam: imposters promising refunds or discounts, asking for personal info

By Press Release

Press release:

With the holidays in full swing and the COVID-19 pandemic causing financial stress on many individuals, National Grid is alerting customers about recent reports of scams where imposters are promising refunds or discounts.

Here’s how scammers are trying to prey on customers:

  • Customers may notice their caller ID displays an incoming call is from a phone number in a nearby town or even the neighborhood where they live.

  • When customers answer the phone, a recorded message explains that due to being overbilled, they are owed refunds or discounts on their utility bills.

  • The customer is instructed to press "1" to learn more about the refund or discount.

  • The customer is transferred to a someone who explains that the customer is eligible for a refund or discount.

  • The customer is then asked for personal information, which may include their utility bill account number.

  • The scammer also may ask for the customer’s bank account number or other personal or financial information. Divulging this level of information can lead to identity theft or customers having their bank accounts accessed.

    Scammers have become increasingly sophisticated in replicating National Grid’s recorded messaging and directions for phone prompts, making it more difficult to differentiate an actual National Grid phone call from an imposter’s call. Similar scams have been reported across the United States by other utilities.

    Customers who have fallen victim to the scam should immediately contact National Grid by using the toll-free telephone numbers listed on their billing statements. The company wants to protect customers and offers the following warning signs to detect this recent scam:

  • Do not cave to pressure. Never – under any circumstances – offer personal or financial information to someone who you cannot identify.

  • Scammers will not have access to your account information, and you should never provide that information if you are asked.

  • National Grid representatives who call you will know your account number.

  • Verify that you are speaking with a National Grid representative. Ask the caller to provide the last five digits of your National Grid account number.

  • If the caller does not know your account number, hang up the phone.

To learn more about protecting yourself and your family from scams, visit ngrid.com/scam

Law and Order: Man accused of causing serious injuries after hitting victim in the face multiple times

By Billie Owens

Woodrow C. Horseman, 44, no permanent address, is charged with second-degree assault. Batavia Police Officer Peter Post arrested Horseman at 9:03 a.m. Dec. 9 on North Street, Batavia. It is alleged that Horseman struck another male in the face multiple times with his fists, causing serious physical injury to the victim. Horseman was arraigned in Batavia City Court and jailed without bail. He was due back in city court Dec. 17. Post was assisted by Officer Felicia DeGroot in this case.

Alex Scott Dumbleton, 27, of West Main Street, Batavia, is charged with: endangering the welfare of a child; second-degree burglary -- illegal entry into a dwelling; first-degree criminal contempt -- violating an order of protection with physical contact; second-degree criminal contempt -- disobeying a court order; and criminal misdemeanor -- acting with intent to damage property. Dumbleton was arrested on the charges at 1:05 p.m. on Dec. 11 at an apartment on Pearl Street in Batavia. He was arraigned virtually in Batavia City Court and held in jail on unspecified bail. He was due back in city court Dec. 15. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Felicia DeGroot.

Blake R. Terry, 20, of North Spruce Street, Batavia, is charged with third-degree assault. He turned himself in at Batavia PD headquarters during the afternoon of Dec. 14 on an arrest warrant out of Batavia City Court that stemmed from a reported physical altercation Oct. 8 on Bank Street, Batavia. He was arraigned virtually in city court and released on his own recognizance. Terry is due in city court on Feb. 2. The case was handled by Batavia Police Officer Felicia DeGroot.

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with second-degree menacing. Lyons was arrested at 2:05 p.m. Dec. 10 at the Kwik Fill at Jackson and Ellicott streets in the city after it was reported that she displayed a knife after an altercation with an employee. She was issued an appearance ticket and is due in Batavia City Court on Feb. 2. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Kevin DeFelice. 

Christopher A. Sewar, 34, of Liberty Street, Batavia, is charged with second-degree criminal contempt. He was arrested after an investigation of an incident that occurred Dec. 4 wherein Sewar allegedly violated an order of protection. He was released on an appearance ticket and is due in Batavia City Court on March 2. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer John Gombos.

Dennis Paul Kiener, 49, of Hagen Avenue, North Tonawanda, is charged with: driving while intoxicated, with a BAC of .08 percent or greater; DWI; moving from lane unsafely; and speed not reasonable and prudent. Kiener was arrested at 3:48 a.m. on Dec. 19 on Sand Hill Road, Tonawanda Indian Reservation, following a single-vehicle accident. He was released on appearance tickets and is due in Alabama Town Court on Jan. 13. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Austin Heberlein.

Terry Michael Roth, 45, of West Main Street, Batavia, is charged with: driving while ability impaired by drugs; moving from lane unsafely; and expired vehicle inspection. He was arrested at 12:52 p.m. on Dec. 19 following an investigation into an accident that occurred at 5:06 p.m. on Oct. 30 on East Main Street in Batavia. Roth was issued uniform traffic tickets and is due in Batavia City Court on Feb. 24. After his arrest, he was released on his own recognizance. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kenneth Quackenbush.

Craig James Alexander, 48, of Lewiston Road, Alabama, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI; and moving from lane unsafely. Alexander was arrested at about 11 p.m. on Dec. 17 on Albion Road in Oakfield after a single-vehicle accident. He is due in Oakfield Town Court on Jan. 18. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Matthew Metahan Osmancikli, 28, of South Lake Road, Pavilion, is charged with second-degree harassment. He was arrested at 2:45 a.m. on South Lake Road after an alleged physical altercation with another person. He was released with an appearance ticket to be in Pavilion Town Court on Jan. 5. The case was handled by Genesee County Sheriff's Deputy David Moore.

City PD warns of counterfeit $100 bills being passed in the area

By Press Release

 

 

 

 

 

 

 

 

 

 

Submitted image and press release:

The Batavia Police Department is currently investigating the passing of counterfeit $100 bills throughout the area.

The department recommends that anyone receiving a $100 bill use extra caution to check its authenticity.

At left is a copy of the bill which has been circulating.

If you feel that you may be victim in receiving counterfeit bills, please report it to the Police Department at (585) 345-6350.

A few simple items to check for on U.S. Currency that are hard to recreate on counterfeit bills:

  • Color Shifting Ink -- the bill denomination on the bottom right hand corner has the right color shifting ink.
  • Raised Printing -- To detect raised printing, take your fingernail and run it carefully down the collar/jacket. You should feel some vibration on your nail from the ridges.
  • Blurry Borders/printing/text -- significantly blurry borders, printing, or text, it is an automatic red flag. Red & Blue Threads -- If you take a close look at an authentic bill, you will see that there are small red and blue threads woven in and out within the fabric of the bill.
  • Watermark -- In many of the new bills, the watermark is actually a replica of the face on the bill.

Information on the current counterfeit cases is not being release at this time due to the ongoing investigation. 

If anyone receives a counterfeit or suspected counterfeit bill, or has information in reference to the case please contact the Batavia Police Department at (585) 345-6350, the confidential tip line at (585) 345-6370 or online.

Law and Order: Two men arrested on gang assault charges after Nov. 8 incident on Jerome Place

By Billie Owens

Darazian W. Williams, 27, of Pringle Avenue, Batavia, (inset photo right) is charged with: first-degree gang assault -- causing serious physical injury; burglary of a dwelling -- and causing injury; third-degree criminal mischief -- damaging another person's property valued at greater than $250; and fourth-degree conspiracy. Darazian was arrested after an investigation into an incident, which occurred Nov. 8 on Jerome Place in the City of Batavia. He was arraigned Dec. 4 and held in jail on unspecified bail. He is due to return to Batavia City Court at 2 p.m. on Jan. 13. The case was investigated by Batavia Police Officer Austin Hedges, assisted by Officer Felicia DeGroot.

Danny D. Williams Sr., 32, of Ellicott Avenue, Batavia, (inset photo left) is charged with: first-degree gang assault; first-degree burglary; third-degree criminal mischief, and fourth-degree conspiracy. He was arrested in connection with a distrubance at 10:22 p.m. Nov. 8 on Jerome Place. He was arrainged Dec. 4 in Batavia City Court and put in jail on $30,000 cash bail, $100,000 bond or $100,000 partially secured bond. The case was investigated by Batavia Police Officer Connor Borchert, assisted by Officer Alec Roberts.

James A. Centner, 41, of Vallance Road, Le Roy, was arrested Dec. 11 after a two-vehicle head-on collision at about 7 p.m. on West Main Street in the Village of Le Roy. One person who was driving a Chevy Suburban was injured in the accident. Centner, the driver of a pickup truck, was charged with misdemeanor driving while intoxicated and traffic violations for failing to use designated lane, drinking in a vehicle on the highway, and refusal to take a breath test. It is alleged that he was leaving the area of Tops Market when he turned onto Route 5 and drove in the wrong lane, causing the collision. Following his virtual arraignment, he was released to a third party. The driver of the Suburban was transported to the hospital by LeRoy Ambulance Service with non-life-threatening injuries. During this investigation, it was also alleged that Centner's vehicle was involved in a minor motor-vehicle accident with no injuries while in the parking lot of Tops Market prior to the head-on crash, and this also is being investigated.

Bleyke Zhaviante Armonde Culver, 24, of Walnut Street, Batavia, is charged with: obstruction of governmental administration; aggravated unlicensed operation in the third degree; unlicensed operation; failure to yield to an emergency vehicle; and speeding. At 11:13 a.m. on Dec. 10, the Genesee County Emergency Dispatch Center received a report of a male refusing to leave the Department of Social Services on East Main Street Road. Law enforcement responded and were advised he was operating a vehicle while his privilege to do so was suspended by New York authorities. A marked Sheriff's Office patrol car located the vehicle attempted to make a traffic stop by activating its overhead emergency lights. The vehicle allegedly failed to yield and led police on a vehicle pursuit. It continued through the City of Batavia and ended up returning to Culver's Walnut Street residence. He was taken into custody at 11:24 a.m. without incident then taken to jail for processing. He was issued an appearance ticket and is due in Batavia City Court on Jan. 4. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Ryan DeLong, and they were also assisted by members of the Batavia Police Department.

Ethan M. Conrad, 20, of South Main Street, Batavia, is charged with: driving while intoxicated -- with a BAC of .18 percent or more; DWI -- common law; and moving from lane unsafely. He was arrested Nov. 26 after an investigation of a single-vehicle accident on River in the city in which the vehicle struck the River Street guard rail. He was released with traffic tickets and is due in Batavia City Court on Jan. 13. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Alec Roberts. 

Michelle M. Hanssen, 54, of Chestnut Ridge Road, Middleport, is charged with: aggravated driving while intoxicated; DWI; failure to stop at stop sign; moving from lane unsafely; and operating a motor vehicle while using a portable electronic device. At 7:11 p.m. on Dec. 12, Hanssen was arrested after a one-vehicle accident on Lewiston Road in Oakfield. She was allegedly intoxicated by alcohol and crashed her car. She was issued appearance tickets and is due in Oakfield Town Court on Jan. 18. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Cody Middlebrooks, 30, of Pearl Street, Batavia, is charged with third-degree criminal mischief. He was arrested after an incident on South Main Street in Batavia at 10:24 a.m. on Nov. 23. It is alleged that he damaged a cell phone which was valued at more than $250. He was processed then released with an appearance ticket to be in Batavia City Court on Jan. 19. The case was handled by Batavia Police Officer Conner Borchert and Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Vicki Lynne Manns, 50, of Brookville Road, Alexander, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; moving from lane unsafely; and unreasonable speed under special hazards. At 10:50 p.m. Dec. 12, deputies responded to the intersection of Stroh Road and Maplewood Road in Alexander for a report of a vehicle off the road. After an investigation, Manns was arrested on the charges. She was issued appearance tickets for Alexander Town Court and is due there Dec. 15. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Andrew Hale.

Christian M. Deluna, 19, of Central Avenue, Batavia, is charged with: second-degree harassment; burglary; criminal mischief; and conspiracy. Deluna was arrested after an incident that occurred at 1:50 a.m. at an apartment on North Spruce Street in Batavia. Following arraignment Dec. 1 in Batavia City Court, Deluna was released under supervision of Genesee Justice. Deluna is due back in city court on Jan. 19. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Joshua Girvin.

Cody Middlebrooks, 30, of Pearl Street, Batavia, is charged with second-degree harassment and first-degree coercion. He was arrested on Dec. 8 on the charges. It is alleged that on Dec. 5 on Pearl Street that Middlebrooks was involved in a physical domestic incident and that he threatened to harm the victim if she called police. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in court on Feb. 2. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Christopher Lindsay.

Samantha Lynn Wroblewski, 31, of West Main Street, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. She was arrested Dec. 7 after an investigation into an incident that occurred Oct. 19 on West Main Street wherein she alllegedly possessed cocaine. She was issued an appearance ticket and is due in Batavia City Court on Feb. 23. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Nicole McGinnis.

Jonathan Richard Piwko, 31, of Peppertree Drive, Derby, is charged with: driving while ability impaired by drugs; failure to keep right; moving from lane unsafely; and speed not reasonable and prudent. Piwko was arrest Dec. 10 after the investigation of a vehicle that went off the roadway and struck a business at 11:51 p.m. Dec. 9 on South Main Street in the Village of Elba. He was issued traffic tickets and is due in Elba Town Court on Dec. 23. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Kenneth Quackenbush.

Lisa A. Way, 52, of Ellicott Street, Batavia, is charged with driving while intoxicated -- common law, and refusal to take a breath test. Way was arrested at 5:48 p.m. Dec. 5 on Ellicott Street in Batavia after a motor-vehicle accident behind a residence on that street. She was released with traffic tickets and is due in Batavia City Court on Jan. 27. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

William Anthony Nichols II, 27, of East Avenue, Holley, and Renee Irene Brown, 40, of Federal Drive, Batavia, are charged with petit larceny and sixth-degree conspiracy. At 4:45 p.m. on Dec. 9, they were arrested on Lewiston Road in Batavia after allegedly working together to steal $122.95 worth of merchandise from BJs Wholesale Club. They were issued appearance tickets and are due in Town of Batavia Court on Jan. 7. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Kenneth Quackenbush.

Steven Douglas Kelso, 36, of Columbia Ave., Batavia, is charged with falsifying business records in the first degree and attempted criminal purchase or disposal of a weapon. He was arrested Dec. 9 after an investigation into the attempted purchase of a firearm at a business on Buffalo Road in Bergen by a person ineligible to possess one. Kelso was released in an appearance ticket and is due in Bergen Town Court on Dec. 16. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Chazmar T. Walters Sr., 28, of Clay Street, Le Roy, is charged with obstructing governmental administration and unlawful possession of marijuana in the second degree. Walters was arrested Dec. 5 after a traffic stop on Lewiston Road at 8:48 p.m. He was issued an appearance ticket to be in Batavia Town Court on Jan. 8, then released. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Sgt. Eric Bolles.

Loretta Lynn Baer, 49, of Canal Street, Macedon, is charged with trespass. She was arrested Dec. 1 on Swan Street in Batavia after a trespass complaint at 12:35 p.m. at an auto parts store. She was issued an appearance ticket to be in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Peter Post.

Christopher P. Thomas, 36, of State Street, Batavia, is charged with have a dog running at large. He was arrested Dec. 7. It is alleged that on Dec. 3 on State Street that Thomas allowed his dog to run at large on another person's property. He was issued an appearance ticket and is due in Batavia City Court on Jan. 26. The case was handled by Batavia Police Officer Christopher Lindsay.

Patrick O. Spikes, 39, of West Main Street, Batavia, is charged with attempted petit larceny. He was arrested Nov. 21 on a Batavia City Court bench warrant following a traffic stop. The charges stems from an incident Oct. 27 at 10:30 p.m. at the Speedway on West Main Street. Spikes was arraigned via Skype and released under supervision of Genesee Justice. Spikes is due back in court at a later date (unspecified). The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Austin Hedges.

Christopher P. Thomas, 38, of Dellinger Avenue, Batavia, was arrested after turning himself in on a bench warrant out of Batavia City Court that was issued after he failed to appear as required on May 26. He was processed and is due back in city court on Dec. 23. The case was handled by Batavia Police Officer Adam Tucker.

Destiny Nakia Green, 24, of Walnut Street, Batavia, was arrested Dec. 2 on a bench warrant out of Batavia City Court. She had been due in court on July 22. A plea was entered and Green was sentenced (no information provided). Case resolved. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jordan McGinnis.

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