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May 4, 2017 - 5:49pm
posted by Billie Owens in Grand Jury, indictments, batavia, Pavilion, crime, news.

Christopher R. Stowell is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 6 in the Town of Pavilion, that Stowell rode a 2006 Suzuki motorcycle in a westerly direction on Route 20 and did so while holding a conditional driver's license and also did so while under the influence of alcohol. In count two of the indictment, the defendant is accused of the offense of driving while ability impaired by alcohol, a violation. In count two, it is alleged that his ability to operate the Suzuki at the time was impaired by the consumption of alcohol. In count three, Stowell is accused of operating a motor vehicle in violation of the terms of a conditional driver's license. It is alleged that at the time he rode the motorcycle, he did so for a use other than authorized by the vehicle and traffic law section (1196-7(a)) of the conditional license. In count four, he is accused of second-degree assault for allegedly recklessly causing serious physical injury to another person by means of a dangerous instrument -- a motor vehicle, in this case, a motorcycle. Also, in Special Information filed by the District Attorney, Stowell is accused of having been convicted of driving while ability impaired by consumption of alcohol on Aug. 16 in the Village of Geneseo Court and that this conviction formed the basis of the conditional license referred to in counts one and three.

Jason E. Carpenter is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Feb. 26 on Liberty Street in the City of Batavia that Carpenter, with intent to cause serious physical injury to another person, caused such injury to a person.

Willie A. Sabb Jr., AKA Willie A. Saab Jr., is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29 the defendant knowingly entered or remained unlawfully in a dwelling on Lyon Street in the City of Batavia with intent to commit a crime. In count two of the indictment, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two, that on Jan. 29, in violation of a duly served order of protection, he -- with intent to harass, annoy, threaten or alarm the protected party -- struck, shoved, kicked or otherwise subjected that person to physical contact, or he attempted or threatened to do so.

May 4, 2017 - 5:03pm
posted by Billie Owens in crime, news, batavia, Le Roy.

Melanie M. Matesz, 51, of Dellinger Avenue, Batavia, is charged with third-degree criminal mischief. She was arrested at 9:38 p.m. on April 30 on Dellinger Avenue following a domestic incident wherein she alllegedly intentionally damaged property in excess of $250. She was jailed without bail and was due in City Court on May 1. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Bolles.

Marissa M. Lehto, 27, of Washington Avenue, Batavia, is charged with petit larceny. At 2:14 p.m. on April 27, Lehto was arrested for allegedly shoplifting more than $200 in groceries from Top's Market on West Main Street in Batavia. She was jailed and due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Kevin DeFelice.

Elijah J. Richardson, 20, of Maple Street, Batavia, is charged with third-degree robbery, petit larceny and second-degree harassment. He was arrested on April 30. It is alleged that at 4:58 p.m. on April 29 that Richardson forcibly stole property from another person on Thorpe Street in Batavia. He was jailed without bail and was due back in court May 1. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Arick Perkins.

Richard Dean McKague Jr., of West Main Street Road, Batavia, is charged with first-degree contempt and second-degree harassment. He was arrested at 7 a.m. on May 1 on West Main Street Road for allegedly striking his girlfriend during a domestic dispute, in violation of a duly served "refrain from" (contact) order of protection. He was arraigned in Batavia Town Court and released on his own recognizance and is due back in court on June 26. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

The Le Roy Police Department arrested 21-year-old David J. Welninski, of 285 Skyview Drive, Arcade, and a 17-year-old female after a complaint and subsequent traffic stop in the Village of Le Roy. The complaint was received on May 2 at about 7:25 p.m. in which the caller stated she allegedly observed the female in the vehicle wrapping Welninski’s arm and then using a needle to inject him. The vehicle was located on Route 19 in the Village of Le Roy and after a brief investigation, needles and heroin were allegedly found inside the vehicle. Both Welninski and the 17-year-old female were arrested and charged with criminal possession of a controlled substance and criminal possession of a hypodermic instrument and were issued appearance tickets to face the charges at a later date.

Timothy Michael Weinstein, 45, of West Main Street, Batavia, is charged with first-degree criminal contempt, and aggravated family offense. He was arrested on May 3 after allegedly making several phone calls to a protected party. He was jailed and is due in City Court at a later date. The case was handled by Genesee County Sheriff's Deputy Andrew ale.

On April 28, Tatiana C. Lugo, 22, of Hutchins Street, Batavia, was arrested and charged with second-degree criminal contempt. It is alleged that on April 24 at 2:42 p.m., Lugo violated a complete stay away order of protection. She was issued an appearance ticket for May 2 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Mitchell Cowen.

Elizabeth A. Finnin, 47, of South Swan Street, Batavia, is charged with petit larceny. At 7:18 p.m. on April 29, Finnin allegedly stole a pack of cigarettes from the Family Dollar store on East Main Street in Batavia and was quickly apprehended. She was issued an appearance ticket for May 2 in City Court. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Eric Bolles.

James J. Spivey, 19, of Holland Avenue, Batavia, was arrested at 1 p.m. on May 2 on a bench warrant issued out of City Court following his alleged failure to comply with court conditions. He was jailed with unspecified bail and is due in court on May 16. The case was handled by Batavia Police Officer Mitchell Cowen.

Eric M. Smith, 31, of Iroquois Road, Caledonia, was arrested at 9:22 p.m. on May 1 on a City Court bench warrant. He was jailed on $1,500 bail or bond and was due back in court today (May 4). The case was handled by Batavia Police Officer Christopher Lindsay.

May 4, 2017 - 3:20pm
posted by Howard B. Owens in crime, batavia, news.

Marlet Holmes

A Level 3 sex offender facing multiple indictments on sexual assault and other charges entered a guilty plea today to attempted criminal sexual act in the first degree.

That's a Class C violent felony.

The plea means there will be no trial next week for Marlek Holmes, 42, who if he had been convicted at trial of the Class A felonies of predatory sexual assault and predatory sexual assault against a child would have faced a possible life term in state prison.

District Attorney Lawrence Friedman said Holmes said it was just "common sense" to enter the plea today.

Jury selection was to begin tomorrow in the trial of Holmes, who had not been scheduled to appear in County Court today until he decided to plea to the lesser included charge.

By pleading guilty, even as a second violent felony offender, Holmes reduces his possible life sentence to a maximum mandatory sentence of somewhere between seven and 15 years.

He will be sentenced at 9:30 a.m., May 30.

There are still four pending indictments against Holmes, with the most serious remaining charge being second-degree assault, a Class D violent felony.

"We will have to figure out later where we are going on the remaining cases," Friedman said.

May 3, 2017 - 3:56pm
posted by Howard B. Owens in crime, batavia, news.

Marlet Holmes Jury selection will take place Friday for the trial of a convicted child predator who is facing possible life in prison if convicted of new sexual assault charges.

Marlek E. Holmes will be tried on several charges, including two Class A felonies, predatory sexual assault and predatory sexual assault against a child.

The 42-year-old Holmes was arrested in the fall and has been held without bail because of the potential life term and his five prior felony convictions, including two violent felonies, and five prior violations of terms of probation.

While in custody, he also allegedly damaged jail property and was charged with criminal mischief. 

The Level 3 sex offender, who has also been accused of failure to register a change of address, was in court today for a pre-trial hearing where Judge Charles Zambito discussed with the attorneys a motion by defense attorney Fred Rarick to gain access to documents from another court proceeding. The documents are sealed by court order.

Zambito said he isn't convinced that Rarick has a legal right to the documents, especially to use them in the manner he intends to use them.

Rarick said he doesn't intend to introduce any of the actual documents as evidence, but would use the information gleaned from them during cross-examination of a witness.

Rarick also moved to have two charges dismissed since they are included and concurrent with other charges. Zambito said he motion was premature and he would reserve judgment until the appropriate time during the proceedings.

The trial is expected to begin Monday with witnesses being called through Wednesday.

May 3, 2017 - 11:14am
posted by Howard B. Owens in crime, batavia, news.

One of the four men accused of a home invasion burglary on Central Avenue in October was sentenced to five years in prison this morning by County Court Judge Charles Zambito.

Marquis Saddler entered a guilty plea March 31 to attempted burglary, 2nd, a class D violent felony, and admitted to being a second felony offender.

As a second felony offender, he faced a maximum prison term of from three to seven years.

District Attorney Lawrence Friedman sought the maximum and defense attorney Fred Rarick requested a three-year term.

After Saddler's five-year stint he will be placed on parole for five years.

Cases are still pending for Daniel Gilbert, Adante Davis and Oliver Thomas.

May 2, 2017 - 5:51pm
posted by Howard B. Owens in crime, batavia, Central Avenue, news.

One of four men allegedly involved in a home-invasion burglary in October on Central Avenue, Batavia, was supposed to be sentenced on a guilty plea in that case, but it turns out there is a disagreement between the attorneys in the case on what exactly was in the plea deal given to Daniel J. Gilbert.

At the start of the hearing, District Attorney Lawrence Friedman told Judge Charles Zambito that the agreed upon sentence was a straight-up five years in prison (a determinate sentence).

Zambito turned to defense attorney Thomas Burns and asked, "is that your understanding?"

"That's not accurate," Burns said. "That's not our position at all."

Zambito asked if Burns wished to discuss the plea on the record and Burns said he did not, so Zambito called for a recess and met with the attorneys in chambers.

When he returned he said that Burns would be able to file a position paper with supporting citations, and Friedman would be given a chance to answer.  Because of trial schedules and vacation schedules, Gilbert won't be back in county court for a hearing on the plea, and possible sentencing, until 11 a.m. on June 20.

Asked for more information outside of court on the particulars of the dispute, Friedman said he couldn't discuss it.

The cases for the other defendants, Oliver Thomas, Marquis Saddler and Adante Davis, are still pending.

May 2, 2017 - 5:28pm
posted by Howard B. Owens in crime, Stafford, news.

mug-jefftorrey2016.jpgA Stafford resident came close to seeing his prior guilty plea to a drug-dealing charge rejected by Judge Charles Zambito because of information contained in a pre-sentence report.

A letter from the Sheriff's Office said the activities of Jeffery D. Torrey Sr., give indications that he has been dealing drugs recently and a letter from Torrey's wife said he travels around with a bodyguard. 

"This is not a favorable PSI," Zambito told Torrey, before saying he did consider rejecting his prior guilty plea.

Instead, Zambito sentenced Torrey to six months in jail and five years probation.

Torrey had previously entered guilty pleas to criminal possession of a controlled substance, a felony, and criminal possession of a weapon, 4th, a misdemeanor. 

The Local Drug Task Force executed the warrant on Torrey's home in October. Agents found a grow operation inside his residence, a quantity of marijuana and cocaine, a set of metal knuckles, a gravity knife and U.S. currency.

Torrey made no statement when asked, prior to sentencing.

Undersheriff Greg Walker was head of the task force at the time and wrote the letter in the pre-sentence report expressing concern about Torrey's activities.

Zambito said he took the letter seriously.

"The Sheriff's Department doesn't often take a stand," Zambito said.

May 1, 2017 - 11:15am
posted by Howard B. Owens in crime, batavia, news, Alabama, Oakfield, Le Roy, Stafford.

Gannon D. McNall, 20, of Bank Street, Batavia, is charged with unlawful surveillance, 2nd. McNall is accused of setting up a camera to record a female acquaintance for the purpose of sexual arousal and/or gratification. He was jailed on $5,000 bail. He was also arrested on a warrant for alleged failure to appear on an unrelated incident.

Brandon James Nugent, 23, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, moving from lane unsafely and failure to keep right. Nugent was allegedly found asleep at the wheel of his running vehicle while it was parked on the shoulder of Sweetland Road, Stafford, at 6:28 a.m. Saturday, by Deputy Eric Meyer. When the deputy approached and woke Nugent, he reportedly put the vehicle in gear, drove east on Sweetland in the wrong lane and drove the vehicle off the north shoulder of the roadway. Deputy Meyer completed a field sobriety test and allegedly found Nugent in possession of marijuana during the investigation.

A 16-year-old resident of Trumbull Parkway, Batavia, is charged with petit larceny. The youth is accused of stealing money from a safe inside a residence where he was living at the time.

A 16-year-old resident of Wood Street, Batavia, is charged with harassment, 2nd. The youth allegedly threw scissors at another person striking the person in the back.

Joseph Marsceill, 32, of Lewis Place, Batavia, was arrested on a warrant. Marsceill was located during a home check by Probation and taken into custody by Batavia PD.

Jolynn M. Gorski, 37, of West Main Street Road, was arrested on a warrant for alleged failure to comply with court-ordered program or service. Gorski was jailed on $1,000 bail.

Priscilla M. Donahue, 38, of Liberty Street, Batavia, was arrested on a pair of warrants. Donahue was arrested by Batavia PD after being located in City Court on an unrelated matter. She was released under supervision of Genesee Justice.

Jacob L. Hernandez, 22, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear. Hernandez turned himself in.

Elizabeth A. Hicks, 34, of Jackson Street, Batavia, is charged with petit larceny. Hicks is accused of shoplifting at Tops on April 21. She was jailed on $1,500 bail.

Lori A. Keech, 46, of Main Road, Stafford, is charged with petit larceny. Keech is accused of shoplifting from Tops on April 12.

Kevin J. Weber, 46, of Columbia Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, disorderly conduct, and resisting arrest. Weber was arrested following a report of an incident at 12:26 a.m. April 23 on Columbia Avenue, Batavia. He was jailed on $2,500 bail.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with riding a bicycle on a sidewalk, inadequate lights, no bell/signal device. McNear was stopped at 8:12 p.m. April 26 at 10 Ellicott St., by Officer Arick Perkins.

Dander J. Cramer, 18, of Route 46, Dansville, is charged with riding a bicycle on a sidewalk. He was stopped at 8:34 p.m. April 26 at 117 Jackson St., Batavia, by Officer Peter Flanagan.

Gregory M. Munroe II, 29, of Harvester Avenue, Batavia, is charged with driving with a suspended registration and aggravated unlicensed operation, 3rd. Munroe allegedly failed to appear in City Court on these charged.

Lisa M. Burke, 48, of Maple Avenue, Batavia, is charged with petit larceny. Burke is accused of shoplifting at Kwik Fill on Jackson Street.

Haley Marie Findley, 24, of Mt. Read Boulevard, Rochester, is charged with unlawful possession of marijuana. Findley was charged following a traffic stop at 8:40 p.m. Friday on Judge Road, Alabama, by Deputy Micheal Lute.

Jason William Whitehead, 19, of Batavia Oakfield Townline Road, Oakfield, is charged with unlawful possession of marijuana, unlicensed operator, moving from lane unsafely, expired inspection and failure to use signal. Whitehead was stopped at 11:43 a.m. Saturday on Pratt Road by Deputy Michael Lute.

April 30, 2017 - 4:44pm
posted by Billie Owens in crime, news, bergen, Alabama, alexander.

Stephen Edward Edmonds, 53, of Dodgeson Road, Alexander, is charged with DWI, aggravated DWI -- driving with a BAC of .08 percent or higher, and failure to keep right. Edmonds was arrested at 1:34 a.m. on April 15 on Wilkinson Road, Batavia, for allegedly going over the center line of the roadway. He was allegedly intoxicated at the time. The defendant was released with appearance tickets for Batavia Town Court on May 4. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Kayla A. Ladue, 21, of Barry Road, Rochester, is charged with unlawful possession of marijuana and speeding in a 55-mph zone. Ladue  was arrested at 7:54 p.m. on April 27 on Clinton Street Road, Bergen. Following a traffic stop for allegedly speeding, it is alleged that Ladue had marijuana in her possession. She was issued an appearance ticket for Bergen Town Court on May 3. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Ryan DeLong.

Adam Stephen Terhaar, 23, of Torrey Pine Drive, Rochester, is charged with unlawful possession of marijuana. Terhaar was arrested at 9:09 p.m. on April 28 on Judge Road in Alabama following a traffic stop. The stop was made after a complaint of traffic offenses that had occurred. He was allegedly found to be in possession of a quantity of marijuana, a glass smoking pipe and a grinder. He was released on an appearance ticket for Alabama Town Court on May 30. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Deputy Michael Lute.

April 29, 2017 - 7:24pm
posted by Billie Owens in crime, news batavia.

A larceny of cigarettes was just reported at the Family Dollar store on East Main Street in Batavia. The suspect left in a red Camaro and is now heading east on Clinton Street. Batavia PD is responding and the Sheriff's deputies are alerted.

UPDATE 7:37 p.m.: Within five minutes the suspect vehicle was stopped. A law enforcement officers says of the suspect, who is a passenger in the vehicle: "All she got was one pack of Pall Mall Red 100s."

April 27, 2017 - 2:09pm
posted by Billie Owens in crime, news, batavia, Grand Jury.

Glenn H. Quintern is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Nov. 5 Quintern knowingly entered or remained unlawfully within a dwelling on Central Avenue in the City of Batavia with the intent to commit a crime.

April 26, 2017 - 12:13am
posted by Billie Owens in news, crime, Le Roy.

Le Roy Police are responding to a report of 10 people "physically fighting" in the area of 17 Pleasant St. 

April 24, 2017 - 4:06pm
posted by Howard B. Owens in crime, batavia, news.

miller_mug_rob2017.jpgA Batavia resident who robbed a Subway restaurant on East Main Street in January and was tracked down by K-9 Destro will spend at least two years in state prison.

Ricky Miller II had previously entered a guilty plea to third-degree robbery.

Defense Attorney Jamie Welch sought an adjournment of the sentencing in Genesee County Court this afternoon to give Miller more time to complete $254 in restitution in order to avoid fees and surcharges.

Miller is expecting a tax-refund check the first week of May, so Welch asked for sentencing on May 8.

District Attorney Lawrence Friedman said it would cost the county more than $250 to house him in the local jail those additional days.

Judge Charles Zambito denied the request.

Miller can avoid some additional fees if he makes restitution before May 8. If he doesn't, then he must pay $25 per month until restitution is paid (Welch asked for $10 a month and Friedman countered $50 per month and Zambito went to with $25).

When asked to make a pre-sentence statement, Miller declined.

He was given two to four years in prison.

News partner WBTA contributed to this report.

April 24, 2017 - 11:39am
posted by Howard B. Owens in crime, Darien, batavia, alexander, Alabama.

Elizabeth Ann Hicks, 34, of Jackson Street, Batavia, is charged with promoting prison contraband, 1st, criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Hicks was allegedly found in possession of a needle and syringe with Suboxone while being booked on an unrelated charge. She was jailed on $5,000 bail, $10,000 bond.

David Henry Luther, 56, of Cider Mill Court, Lancaster, is charged with DWI, driving with a BAC of .08 or greater, consuming alcohol in a motor vehicle. Luther was charged following a "check the welfare" call on Bloomingdale Road, Tonawanda Indian Reservation, at 7:43 p.m. Sunday by Deputy Michael Lute.

Alicia Brandi Clark, 41, of Halstead Road, Batavia, is charged with endangering the welfare of a child, unlawful possession of marijuana, mobile phone use on highway and misuse of dealer plates. Clark was stopped at 4:35 p.m. Saturday on Lewiston Road, Batavia, by Deputy Michael Lute.

Timothy McCarthy, 47, of Alexander, is charged with DWI and driving with a BAC of .18 or greater. McCarthy was stopped by State Police.

Shawn Matthew Szczcygiel, 39, of Tinkham Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, unsafe tires, and inadequate exhaust. Szczcygiel was stopped at 4:54 a.m. Saturday on Tinkham Road by Deputy Eric Meyer.

Hector Maximilliano Vidal, 22, of Eggert Road, Tonawanda, is charged with petit larceny and unlawful possession of marijuana. Vidal is accused of shoplifting at Kohl's.

Dustin W. Bogue, 35, no permanent address, is charged with trespass. Bogue allegedly entered property owned by another person after being advised to stay off the property. He was jailed on $1,000 bail.

Ashley N. Ziccardi, 24, of Brooklyn Avenue, Batavia, was arrested on a warrant for alleged failure to appear.

Tiffany M. Brown, 25, of Maple Street, Batavia, was arrested on a warrant for alleged failure to appear. Brown was arrested by Sheriff's deputies and turned over to Batavia PD on a City Court warrant.

Russell R. Miles, 48, of South Main Street, Batavia, is charged with criminal contempt, 1st. Miles allegedly violated an order of protection. He was allegedly found at the residence of the protected party in violation of the order. He is accused of violating the same order at least twice in five years. He was jailed without bail.

Brian J. Hawkins, 37, of Pries Avenue, Buffalo, was arrested on warrant for alleged failure to appear. He was taken into custody at the Erie County Holding Center on the warrant. He was jailed on $300 bail.

April 22, 2017 - 10:47pm
posted by Howard B. Owens in crime, batavia, news.

Police received reports of possible youths dropping bricks or throwing bricks from the train track overpass on Lehigh Avenue, Batavia.

Units responded and two individuals have been spotted and police are trying to catch them as they move along the train tracks.

Both are described as white males, one wearing a black sweatshirt and black pants and the other is wearing a red sweatshirt.

UPDATE 10:51 p.m.: There is debris in the roadway that needs to be cleaned up. Police are still searching for the two individuals.

April 21, 2017 - 4:32pm
posted by Billie Owens in crime, batavia, Le Roy, bergen, news.

Julie Ann Stymus, 41, of Ellicott Street, Batavia, is charged with misapplication of property. She was arrested at 1:52 p.m. on April 19 on Veterans Memorial Drive. The defendant allegedly borrowed more than 400 DVDs which were supposed to be returned to the owner(s) but which Stymus allegedly pawned. She was released on an appearance ticket for May 15 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy James Diehl.

Todd Howard Campbell, 35, of Shrubbery Lane, Rochester, is charged with DWI and refusal to take a breath test. Campbell was arrested at 9:19 p.m. on April 11 on North Lake Street in Bergen for DWI. He allegedly struck a vehicle in Monroe County, causing injury to the driver, then fled the scene. Several witnesses followed his vehicle to the Village of Bergen where he was located by members of the Genesee County Sheriff's Office. He allegedly refused to take a breath test and was arraigned in Town of Le Roy Court where his driver's license was immediately suspended. Campbell was jailed in lieu of $1,000 bail and issued numerous traffic tickets by the Monroe County Sheriff's Office. The case was investigated by Genesee County Deputy Christopher Erion, assisted by Deputy Richard Schildwaster.

Shauna Elizabeth Driscoll, 28, of Wadsworth Avenue, Avon, is charged with: operating a motor vehicle with a BAC of .08 percent or more; DWI; harassment; driving left of pavement markings; and failure to use designated lane. Following the investigation of a traffic offense complaint on East Main Road in Le Roy at 9:58 p.m. on April 14, Driscoll was arrested and charged with the counts cited. She was released with an appearance ticket for Town of Le Roy Court on May 15. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl.

On April 18, State Police Batavia Troopers arrested Alsimeon Peterson, 18, from Hampton, Ga., on a warrant that stemmed from a pursuit that took place on April 15. On April 15, troopers attempted to stop Peterson on Park Road in Batavia. Peterson allegedly refused to stop and proceeded down the New York State Thruway where he was eventually stopped in Monroe County by the Monroe County Sheriff's Office and taken into custody. On April 18, Peterson was released from the Monroe County Jail and turned over to SP Batavia Troopers. Peterson was charged with two counts of reckless endangerment, 2nd, one count of fleeing a police officer, 3rd, and multiple traffic violations. He was arraigned in the Town of Batavia Court and put in Genesee County Jail in lieu of $10,000 bail.

On April 19, State Police Batavia Troopers arrested Daniel Difrancesco, 35, of Batavia, for felony DWI following a traffic stop on Route 5 in the Town of Batavia. Difrancesco was stopped for having a broken tail light. He subsequently allegedly failed field sobriety tests and refused to take a breath test. He was processed and arraigned at the Town of Batavia Court and released to appear on a later date.

April 20, 2017 - 1:49pm
posted by Howard B. Owens in crime, batavia, news.

keybank2suspect2016.jpg

A Niagara Falls man wanted in connection with a robbery Dec. 27 of the Key Bank branch in Batavia has been arrested in Assumption Parish, La.

Joel Zsebehazy, 33, was working as a handyman there, according to Houma Today, which also reported authorities in Louisiana said Zsebehazy made off with $10,275 in the robbery.

Batavia PD confirmed the arrest today and said authorities are awaiting Zsebehazy's extradition so he can be charged with the bank robbery and an alleged parole violation.

He was arrested on a federal fugitive warrant for alleged unlawful flight to avoid prosecution.

He was arrested at a home near a town called Belle Rose.

Photo: File photo released by Batavia PD the day of the robbery.

April 19, 2017 - 3:37pm
posted by Billie Owens in alexander, Le Roy, news, crime.

An 18-year-old male who lives on North Walnut Street, Attica, and another 18-year-old male who lives on Broadway Road in Alexander, are both charged with third-degree burglary and third-degree criminal mischief stemming from an incident which occurred in the early morning hours of July 10 on Broadway Road, Alexander. The youths, who were juveniles at the time, allegedly entered an uninhabited residence and caused damage to it using paint and varnish. They are arrested and charged following an investigation and were arraigned in Town of Alexander Court on April 18 and released under supervision of Genesee Justice. Both are due to return to court on May 9. The case was investigated by Joseph Graff of the Genesee County Sheriff's Office, assisted by Deputy Ryan Young.

Shauna Elizabeth Driscoll, 28, of Wadsworth Avenue, Avon, is charged with unlawful possession of marijuana. She was arrested at 8:33 p.m. on April 14 on East Main Street in Le Roy. According to the Sheriff's Office report the defendant "was issued an appearance ticket for unlawful possession of marijuana following her arrest for DWI." She allegedly possessed a quantity of marijuana in her vehicle. She is to appear in Town of Le Roy Court on May 15. The case was handled by Deputy Ryan DeLong.

April 18, 2017 - 1:04pm
posted by Howard B. Owens in crime, batavia, news.
pearsalldwaynemug2017.jpg
     Dwayne Pearsall

Dwayne A. Pearsall, 26, no permanent address, has been arrested and charged with crimes related to alleged sexual abuse of two children in 2012 and another last year.

Pearsall is charged with attempted rape, 2nd, two counts of criminal sexual act, 2nd, sexual abuse, 2nd, and sex abuse, 1st.

The two alleged victims in 2012 were under age 15 and the 2016 alleged victim was age 11 or younger.

Pearsall was arrested by Batavia PD following an investigation by Det. Kevin Czora and arraigned today in County Court before being jailed without bail.

People with information that may assist in further investigation or other cases of sexual abuse are asked to contact Czora at (585) 345-6311. Batavia PD can be reached at (585) 345-6350. The confidential tip line is (585) 345-6370.

April 17, 2017 - 4:07pm
posted by Howard B. Owens in crime, news, batavia.
mug_kosiorek2017.jpg
      Andrew Kosiorek

The man who broke into a local Mexican restaurant twice in a single night with the intention of stealing from the business in January will serve from two to six years in state prison, Judge Charles Zambito ruled in County Court this afternoon.

The attorney for Andrew Kosiorek, 44, argued that given his client's troubled background with no real chance at reform, a shorter prison term with community-based assistance might be appropriate.

But Zambito said when looking at Kosiorek's lengthy criminal record -- three stints in prison, five in jail, and several violations of either parole or probation, he has had a chance to overcome his background.

Attorney Jamie Welch said Kosiorek was put into foster care at a young age, probably because his parents were drug users, and that Kosiorek has been an addict his entire life.  

Kosiorek, who admitted to a single count of burglary, 3rd, said he started using drugs when he was 12.

Welch said Kosiorek broke into Rancho Viejo on Ellicott Street only because he was drunk and high at the time.

"Since he was a young man, his issues with substance abuse have never really been addressed," Welch said.

Kosiorek said he accepted full responsibility for his actions.

"I would like to get help," Kosiorek said. "I'm too old to keep doing the things I'm doing."

Zambito agreed that Kosiorek got a poor start in life, but as an adult, there's no doubt he's had plenty of opportunities to address his addictions and he hasn't done it. He also said if he really wants to address those issues, there are opportunities in prison.

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