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April 6, 2017 - 9:52am
posted by Howard B. Owens in crime, Pavilion, batavia, Le Roy, news.

Stephen Everett Pike, 20, of Big Tree Road, Pavilion, is charged with fourth-degree criminal mischief. Pike is accused of driving recklessly in the parking lot of Pavilion High School at 11:30 p.m., March 11, causing his vehicle to strike the building, damaging it (previous report).

Tonya Marie Ficarella, 30, of Lovers Lane Road, Batavia, is charged with petit larceny. Ficarella is accused of stealing merchandise from Kohl's Department Store.

Robert John Leach, 56, of Lake Street, Le Roy, is charged with driving while ability impaired by drugs and inadequate plate lamp. Leach was stopped at 11:23 p.m. Saturday on Main Road, Stafford, by Deputy Ryan Delong.

April 5, 2017 - 3:07pm
posted by Billie Owens in crime, news, batavia, Le Roy.

Leonard E. "L.B." Aguayo is indicted for the crime of criminal possession of a controlled substance in the third degree. It is alleged that on Feb. 11 in the City of Batavia that Aguayo knowingly and unlawfully possessed a narcotic drug -- crack cocaine -- with the intent to sell it, a Class B felony. In count two, the defendant is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony, for allegedly knowingly and unlawfully selling crack cocaine in the City of Batavia on Feb. 11.

Brian F. Kent is indicted for the crime of unauthorized use of a motor vehicle in the first degree, a Class D felony. It is alleged that on Sept. 5 in the Town of Le Roy that Kent, knowing he did not have the owner's consent, nonetheless took, operated and exercised control over a 2014 Toyota Highlander, with the intent to use the vehicle in the course of or commission of a felony or in the immediate flight from such action. In count two, Kent is accused of the crime of second-degree criminal mischief, a Class D felony, on North Street in the Town of Le Roy. In count two, he is accused of damaging another person's property in an amount exceeding $500 -- the front windshield wiper, passenger side rear and front doors, passenger side front quarter panel, hood, and the driver's door window of a 2007 Dodge Charger police four-door sedan, in the amount of about $3,183.68. In count three, the defendant is accused of another count of second-degree criminal mischief for allegedly damaging a 2014 Toyota Highlander, also on Sept. 5, in an amount exceeding $500. In count four, Kent is accused of the crime of third-degree criminal trespass, a Class B misdemeanor, for allegedly knowlingly entering or remaining unlawfully on real property, which consisted of a right-of-way or yard of a railroad or rapid transit railroad that is designated, and was conspicuously posted as a no-trespass railroad zone. In count four, the defendant is accused of entering onto and driving a vehicle at a high rate of speed on a posted railroad right-of-way in the Town of Le Roy. In count five, Kent is indicted for the crime of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count five that Kent damaged a gate of a chain-link fence located at Hanson Aggregates in the Town of Le Roy on Sept. 5.

Stacey D. Mancuso is indicted for five Class E felonies, all stemming from driving a 2010 Dodge on Pratt Road in the Town of Batavia on Dec. 4. In count one, she is accused of aggravated unlicensed operation in the first degree for driving while knowing, or having reason to know, that her driver's license was suspended, revoked or otherwise withdrawn by authorities, and doing so while under the influence of alcohol or a drug. In count two, Mancuso is accused of the crime of DWI for allegedly driving while in an intoxicated condition. In count three, she is accused of the crime of aggravated DWI, per se, for allegedly having a BAC of .18 percent or more at the time. In count four, she is accused of aggravated DWI for allegedly driving while intoxicated with a child age 15 or less as a passenger in the vehicle. In count five, Mancuso is accused of the crime of aggravated DWI, per se, for allegedly having a BAC of .08 percent or more at the time with a child age 15 or less as a passenger in the vehicle.

Gayno S. Standsblack is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Feb. 27, the defendant -- having been charged with or convicted of a crime and while confined in a correctional facility, in this case the Genesee County Jail, caused injury to a person and intended to do so.

April 4, 2017 - 9:25pm
posted by Howard B. Owens in crime, elba, news.

A Mexican national who entered the country illegally after deportation and should have registered as a sex offender was sentenced in Federal Court today to 24 months in prison.

Jose Maria Agustin, 43, had previously entered a guilty plea to reentry after deportation subsequent to an aggravated felony conviction.

He was arrested in December after he was located working in Elba.

In 2009, the Agustin was convicted in California of rape and assault with a deadly weapon and sentenced to five years in prison. After serving his prison sentence, Agustin was returned to Mexico and permanently barred from entering the United States.

Besides being in the United States illegally, he was also legally obligated, as a registered sex offender in California, to register in New York once he established a residence in Elba.

April 4, 2017 - 12:43pm
posted by Howard B. Owens in crime, Le Roy, news.

Steven David Fox, 35, of Bater Road, Stafford, is charged with menacing, 2nd, and harassment, 2nd. Fox allegedly threw a hammer at a person and tackled that person to the ground during an argument reported at 7 p.m. on March 29.

Richard Michael Corke, 52, of Old Beaham Road, Rochester, is charged with disobeying a court order. Corke allegedly sent unwanted text messages in violation of an order of protection. 

A 17-year-old resident of East Main Street, Le Roy, is charged with disorderly conduct. The youth was arrested following a report of an incident at Le Roy High School at 9:30 a.m., March 29.

April 3, 2017 - 6:20pm
posted by Howard B. Owens in crime, Le Roy, news.
gilbert_thomas_mug2017.jpg
    Thomas Gilbert

A Rochester man has been arrested and accused of stealing a weight loss supplement, valued at $387.94, from the Walgreens store in Le Roy.

He's also a suspect in similar larcenies in three other counties.

Thomas H. Gilbert, 52, of Manor Parkway, Rochester, was taken into custody in Rochester by the Le Roy PD with assistance from Rochester PD following a two-month investigation into the thefts.

Gilbert is accused of stealing “Alli kit 60s” in Le Roy, but the investigation also identified him as a suspect in a theft of Prevagren, marketed as a memory aid, in Avon and in Rochester. He's also suspected of stealing Prevagen from a CVS in Farmington and headlamps from Advantage Auto in Geneva.

The first theft was reported Jan. 31.

Gilbert was charged with one count of petit larceny in Le Roy, arraigned and put in Genesee County Jail. He faces potential charges in Monroe, Livingston and Ontario counties.

leroypharamrob2017.jpg

March 31, 2017 - 9:54am
posted by Howard B. Owens in elba, Le Roy, crime, batavia, pembroke, news.

Tracy Lynn Miller, 32, of South Lake Road, Pembroke, is charged with grand larceny, 4th. Miller was taken into custody on a warrant after being released from the Erie County Holding Center. Miller allegedly failed to appear in County Court after being indicted by a grand jury. The indictment stems from an alleged theft/or use of a stolen credit card. She was jailed on $10,000 bail.

Jeffery Lee Tennity, 52, of Keeney Road, Le Roy, is charged with unlawful possession of marijuana. Tennity was charged following an investigation into an unspecified complaint at 4 p.m. Thursday on North Byron Road, Elba. The complaint was investigated by Deputy Jeremy McClellan.

Kendra Quinette Thomas, 29, of Dellinger Avenue, Batavia, is charged with driving on a suspended registration. She was arrested on a warrant for the charge following a traffic stop by Deputy Cory Mower.

March 30, 2017 - 12:44pm
posted by Howard B. Owens in crime, Le Roy, batavia, news, elba.

Nikayla Cheyenne Lee Jackson, 19, of Slusser Road, Batavia, is charged with resisting arrest and disorderly conduct. Jackson was located outside of Walmart at 12:42 p.m. Monday by Trooper Brian Pritchett and Sgt. Ron Meides. She was wanted on a City Court warrant so the officers attempted to take her into custody. Jackson allegedly became abusive and disorderly and physically struggled with officers and did not comply with commands. Once restrained and placed in the back seat of a patrol vehicle, she allegedly kicked the rear passenger door and plexiglass cage. She then reportedly used her forehead to strike the cage several times. The cage was not damaged. She was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

Charles S. Ganoung IV, 33, of Transit Road, Elba, is charged with two counts of criminal possession of a weapon, 3rd. During an investigation of an unrelated incident by Deputy Howard O. Wilson, Ganoung was allegedly found in possession of an unregistered assault weapon with a high-capacity magazine. Following arraignment, he was released under supervision of Genesee Justice.

Samuel Gene Coughlin Jr., 21, of Pratt Road, Batavia, is charged with criminal possession of marijuana, 4th, speed exceeding 55 mph, and driving on a suspended registration. Coughlin was stopped at 10:06 p.m. on Main Road, Pembroke, by Deputy Kevin Forsyth. He was allegedly found in possession of more than two ounces of marijuana.

Carl M. Vander, 22, formerly of Lake Street, Le Roy, is charged with burglary, 3rd, and criminal mischief, 4th. William J. Hixenbaugh, 27, of Lake Street,  Le Roy, is charged with burglary, 2nd, petit larceny, and criminal mischief, 4th. Vander, who is currently an inmate in the Wyoming County Jail on unrelated charges, and Hixenbaugh were arrested by Le Roy PD following a six-month investigation into a forced-entry burglary to a tenant room on Lake Street. A television and mobile phone were stolen and later recovered. Hixenbaugh was jailed on $5,000 bail.

March 29, 2017 - 9:56am
posted by Howard B. Owens in crime, batavia, news, Stafford.

Robert E. Merritt, 62, of East Main Street, Batavia, is charged with: two counts of criminal possession of a controlled substance, 7th; possession of a hypodermic instrument; and controlled substance not in original container. Merritt was arrested following a complaint at 6:23 a.m. of an incident on Hutchins Place. He was jailed on $1,000 bail or $2,000 bond. 

A 17-year-old resident of Holland Avenue, Batavia, is charged with petit larceny and burglary, 3rd. The youth is accused of entering Speedway after being previously barred from the store and stealing merchandise.

Kelli E. Wallace, 54, of Swan Street, Batavia, is charged with petit larceny. Wallace was arrested on a warrant stemming from an alleged theft at Kwik Fill on Ellicott and Jackson streets.

Nikayla C. Jackson, 19, no permanent address, was arrested on a warrant for alleged failure to appear in City Court. She was jailed on $5,000 bail or $10,000 bond.

Eric J. McGill, 33, of Porter Avenue, Batavia, is charged with harassment, 2nd. McGill is accused of threatening a neighbor. 

Gregory A. Burgess, 24, of Bowen Road, Attica, is charged with harassment, 2nd. Burgess is accused of grabbing another person during an argument.

Alex Isaac, 27, of East 83rd Street, Brooklyn, is charged with criminal contempt, 2nd. Isaac allegedly sent text messages to a protected party in violation of a court order.

Amar S.M. Zainelabdin, 29, of Affinity Lane, Buffalo, is charged with unlawful possession of marijuana, no headlights and suspended registration. Zainelabdin was stopped on Ellicott Street at 9:02 p.m. Friday by Officer Arick Perkins.

Sean M. Madigan, 31, of Collegeview Drive, Batavia, was arrested on a warrant for alleged failure to appear. Madigan was arrested following an anonymous tip on his location. He was jailed on $500 bail.

Tammy Marie O'Shea, 45, of Main Road, Stafford, is charged with criminal trespass, 3rd. O'Shea is accused of trespassing at an apartment complex on Main Road, Stafford, at 2 p.m. on Jan. 22.

Shana Lee Sullivan, 25, of Griswold Road, Stafford, is charged with unlawful possession of marijuana. Sullivan was charged following a traffic stop at 9:48 p.m. Tuesday on Griswold Road, Stafford, by Deputy Brian Thompson.

March 28, 2017 - 6:18pm
posted by Howard B. Owens in crime, batavia, news.

If necessary, District Attorney Lawrence Friedman will seek new grand jury indictments against a former Batavia resident who had his Genesee County convictions on sexual molestation charges thrown out by an appeals court.

In July 2014, after a jury trial, Sean A. Vickers, 47, was convicted of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

The appellate division of the Fourth Judicial Department threw out the first four convictions but left the 10th count of the amended indictment stand and ruled that the seven-year sentence imposed on that count was not unduly harsh.

The court ruled that because Vickers was originally indicted on counts of course of sexual conduct against a child and sexual predatory assault, those were the charges he should have been tried on, even though he consented to the amended indictment.

The court ruled a defendant cannot waive his right to be tried on the original indictment, citing prior case law.

The defendant has a "fundamental and nonwaivable right to be tried only on the crimes charged," the court said, citing the prior case, People v. Graves.  

"An indictment may not be amended in any respect which changes the theory or theories of the prosecution as reflected in the evidence before the grand jury which filed it," the court said.

Then County Court Judge Robert Noonan sentenced Victors more than 100 years in state prison, a sentence that was later reduced by statute to 50 years.

The sentence was to be served concurrently with the 20 years Vickers received in Niagara County, so even though these four convictions were thrown out, Vickers remains in state prison.

At his sentencing, Friedman said he couldn't recall a child molestation case that was more disturbing. 

"This case is the worst one I've ever had," Friedman said. "I've been in the criminal justice system for 40 years both as a prosecutor and a judge and I've never had anybody who has been prolific a predator as you have been Mr. Vickers."

Today, Friedman said he will seek permission to appeal this ruling, but if he can't, or the people don't prevail on appeal, he isn't done prosecuting Vickers.

"Ultimately, if needed, we will go before a grand jury with our four victims," Friedman said.

March 27, 2017 - 12:27pm
posted by Howard B. Owens in crime, Oakfield, batavia, news.

Christopher M. Oliveras, 25, of Lockport Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs, unlawful possession of marijuana, failure to obey traffic control devices, and tinted windows. Oliveras was arrested in the City of Tonawanda by Tonawanda PD, at 1:30 a.m., Sunday. Earlier, he was stopped for allegedly driving the wrong way down a one-way street. At that time he was told to park the vehicle. Later in the evening, officers stopped the vehicle again and Oliveras was found to be the driver. Oliveras reportedly told officers, "I did park for a little while." He also reportedly said, "I was drinking Budweisers and smoking marijuana." A container of marijuana was allegedly found in the center console. He allegedly blew a BAC of .10. Bail was set at $250.

Rebecca Ann Edwards, 23, of Kibbe Avenue, Batavia, is charged with grand larceny, 3rd. Edwards is accused of stealing property with a value in excess of $3,000 from the 48 Deli Express in Batavia.

March 24, 2017 - 6:27pm
posted by Billie Owens in crime, news, batavia, Basom, Oakfield.

David Bruce Piechowicz, 41, of Lackawanna, is charged with two counts of second-degree assault and criminal possession of a weapon, third degree -- with a prior conviction. He was taken into custody March 23 by the U.S. Marshall's warrant task force on a Town of Alabama warrant on the charges, issued Feb. 12 following an unspecified incident on Shanks Road in Basom. The defendant was jailed on $50,000 cash or $100,000 bond. The case was handled by Genesee County Deputy Lonnie Nati.

David William Cook, 50, of Washington Avenue, Batavia, is charged with unsafe turn/failure to signal, aggravated DWI, and DWI. Cook was arrested at 7:04 p.m. on March 23 on Lincoln Avenue in Batavia following a traffic stop. He allegedly had a BAC of more than .18 percent at the time. He was issued appearance tickets for Batavia City Court on April 26. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

John Moon, 25, of Batavia, was arrested at 10 p.m. on March 22 by State Troopers for DWI. They performed a traffic stop on West Main Street Road in the Town of Batavia and Moon allegedly failed field sobriety tests. His breath test allegedly resulted in a BAC of .17 percent. He was given appearance tickets for Town of Batavia Court in April.

Bettina Jacqueline Jacobs, 33, of West Main Street Road, Batavia, is charged with fourth-degree criminal sale of a controlled substance and first-degree promoting prison contraband. She was arrested for allegedly introducing Suboxone into the GC Jail after being taken into custody at court for an alleged violation of her previous release agreement. It is also alleged that during the subsequent transport to another jail, she gave some of that controlled substance to another inmate. Jacobs was arraigned in City of Batavia Court on March 22 and jailed in lieu of $10,000 cash or $20,000 bond. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Dawn M. Morford, 56, of Jackson Street, Batavia, is charged with criminally using drug paraphernalia in the second degree, a Class A misdemeanor. And 41-year-old Gary Bradford, of Maple Street, Rochester, is charged with a violation -- unlawful possession of marijuana. Both were arrested March 21 following a traffic stop in the Town of Bergen by the GC Local Drug Enforcement Task Force. They were issued appearance tickets returnable to Bergen Town Court. Uniformed deputies from the Sheriff's Office along with K-9 "Destro" assisted with the investigation.

A 16-year-old who lives on Lewiston Road in Oakfield is charged with second-degree criminal contempt after allegedly being found in possession of a cell phone on March 10. The subject was ordered earlier this month to refrain from possessing a cell phone by Judge Adams in GC Family Court. The defendant is to appear in Oakfield Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Cory Mower.

March 24, 2017 - 4:53pm
posted by Billie Owens in batavia, crime, news.

A man found to be illegally in the United States was arrested after a bloody domestic incident on Wood Street in Batavia last night.

At 9:15 p.m., Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck. The victim indicated the suspect, Reynauldo Diaz-Ruiz, had cut her with a knife and was still inside the apartment. Officers located the man and attempted to take him into custody, but he allegedly refused to comply and physically resisted arrest.

Officers were eventually able to subdue Diaz-Ruiz and take him into custody after deploying a Taser. Diaz-Ruiz was transported to the Batavia Police Department where he allegedly attempted to take the service weapon of the escorting officer, who was able to subdue Diaz-Ruiz until additional officers arrived. Diaz-Ruiz was then transported to UMMC for a medical evaluation and released a short while later to the custody of Batavia PD.

Through investigation it was learned Diaz-Ruiz is in the country illegally.

Diaz-Ruiz was arraigned in Batavia City Court with the assistance of a court-appointed interpreter on the following charges:

  • First-degree assault (Class B felony);
  • Third-degree attempted robbery (Class E felony);
  • Second-degree attempted escape (Class E felony);
  • Fourth-degree attempted grand larceny (misdemeanor);
  • Attempted menacing a police officer (Class E felony);
  • Attempted criminal possession of a firearm (misdemeanor);
  • Second-degree menacing (misdemeanor);
  • First-degree reckless endangerment (Class D felony);
  • Second-degree reckless endangerment (misdemeanor);
  • Fourth-degree criminal possession of a weapon (misdemeanor);
  • Criminal mischief;
  • Resisting arrest (misdemeanor);
  • Obstruction of governmental administration (two counts).

Diaz-Ruiz was put in Genesee County Jail without bail. An immigration detainer was also lodged against him.

The Batavia Police Department was assisted by Mercy medics, the Genesee County Sheriff’s Office, and the U.S. Immigration and Customs Enforcement Agency out of Batavia.

Anyone with information in reference to the case may contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or- criminal-activity.

March 24, 2017 - 1:54pm
posted by Howard B. Owens in crime, batavia, news.
mugsm_oliverthomas2017.jpg
      Oliver Thomas

If Oliver Thomas hadn't had a warrant for his arrest for five months, perhaps he could have made bail today, but since he didn't turn himself in and continued to hide from police, Judge Charles Zambito wasn't persuaded that bail was appropriate in his case.

Thomas was wanted for his alleged role in a home-invasion attack on residents in a Central Avenue residence in October. A second warrant was later issued because of his alleged failure to register a change of address as a convicted sex offender.

On the bail evaluation worksheet, which judges use to help determine somebody's flight risk, Thomas scored a negative four, even though he's a lifelong Batavia resident.

Thomas was in court today specifically for a review of his bail status following his arrest in Le Roy and original arraignment earlier this week.

Assistant District Attorney Melissa Cianfrini argued that even with his lifelong residency, Thomas has proven he's really pretty transient with lots of options for where he can go and where he can hide.

"He's a significant flight risk," Cianfrini said.

His assigned counsel, Brian Degnan, argued that because of his roots here, and that he obeyed all of the rules of his prior parole, he deserved reasonable bail, such as $10,000 or $20,000 bond.

Zambito agreed that Thomas is a flight risk and ordered him held without bail.

March 24, 2017 - 1:32pm
posted by Howard B. Owens in crime, news.

The case of a 29-year-old man's sexual affair with a 16-year-old Genesee County girl turned a lot today on speculation about just how hurt the girl was by the affair.

Daniel Brown is from Ontario County and has already been sentenced to two years in state prison on his conviction of crimes stemming from acts between him and the girl in that county and this morning's hearing was to determine if he should get an additional year in prison for crimes committed locally.

He pled guilty in December to criminal sexual act, 3rd.

Assistant District Attorney Kevin Finnell argued that Brown deserved the maximum available sentence available under the plea deal, three years in prison to be served concurrently with his Ontario County sentence, notwithstanding a statement by the victim's mother in a letter to court stating that her daughter suffered nothing more than a broken heart from the affair.

Finnell said that even by his own admission, Brown knows he hurt the girl in ways that will have ramifications for her later in life.

"He acknowledged in his letter to the court that he knows her brain is still developing and that this can affect her later in life," Finnell said. "He knew that."

According to Finnell, Brown struck up a friendship with the girl while she was still 15 and would meet with her, text with her and even showed up at school at least once to watch one of her school activities and when questioned about his presence, he said he was at the school that day to interview for a teaching job, which, Finnell said, was a lie.

Finnell said the physical affair started as shortly after the girl turned 16 and that Brown knew what he was doing wrong all along both legally and morally.  

According to Finnell, Brown would pick up the girl at school and never drive far from the school so they could get her back to the school quickly if her mother showed up, ostensibly to help hide the affair. 

The maximum sentence was appropriate, Finnell said, because the affair started in Genesee County and Brown continued to pursue the girl in Genesee County, even if they also spent time together in Ontario County.

Public Defender Jerry Ader argued that his client shouldn't get any additional prison time because he's already received sufficient punishment in Ontario County, which besides the two-year sentence, includes 10 years on parole and 30 years on the sex offender registry.

Both Finnell and Ader referred to a claim by Brown, who has held steady jobs since his military service and has no criminal record, that he succumbed to temptation after being dumped by his fiancée. Ader said that isn't an excuse, but just like any hardship faced by defendants, it is a circumstance worthy of the court's consideration.

Ader took issue with Finnell's characterization of the girl's eventual mental state, that she will suffer down the road. Ader said without a statement from the girl, and no way of predicting the future, there is no way to judge how the affair will affect the girl in the future.

Judge Charles Zambito said he felt sorry for Brown's personal difficulty, but it wasn't a mitigating circumstance in his mind, before handing down a three-year sentence.

"This was all about you getting what you wanted and what you thought you needed," Zambito said. "You never said you cared for her or even expressed that you cared for her. This looks like you used her for your own purposes."

March 23, 2017 - 2:52pm
posted by Howard B. Owens in crime, batavia, news.

cotterkoltonmug2017.jpg

andrewmorrismug2017.jpg

NOTE: Story updated to correct the names of the officers involved.

The two men who allegedly broke into a home at 49 Swan St. at 2:22 a.m. Thursday told occupants of the house that they were police officers.

They then attacked the occupants and caused physical injury, according to police.

Kolton Cotter, 22, of Eagle Harbor Road, Albion (top photo), was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; criminal mischief; assault; possession of burglary tools; unlawful imprisonment; criminal obstruction of breathing; obstruction of governmental administrationl; resisting arrest; and unlawful possession of marijuana.

Andrew Morris, 19, of Main Street, Attica, was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; assault; possession of burglar tools; and unlawful possession of marijuana.

Officer Felicia DeGroot and Sgt. Eric Bolles were first to respond to the report of a break-in in progress and found Morris inside the residence and took him into custody. Cotter fled and was chased by Bolles and Officer Eric Foels. Also assisting in the apprehension of the suspects were Officer Jason Ivison and Officer Darryl Streeter.

Genesee County Sheriff's deputies also assisted at the scene.

Bolles and Foels caught up with him on Graham Street and one of them deployed a Taser to help subdue the suspect. Cotter was transported by Mercy EMS to UMMC for evaluation.

Batavia PD said Morris and Cotter identified themselves as undercover police officers in an attempt to steal property.

At one point, a suspect reportedly told the victims that at least one of them was armed. No firearm was recovered. The type of weapon recovered was not identified by police.

The suspects were arraigned in City Court and jailed without bail.

March 23, 2017 - 2:43am
posted by Billie Owens in crime, batavia, news.

Batavia Police responded a few minutes ago to an apparent "home invasion" at a house on Swan Street after a resident called to report someone was breaking into the house. Upon arrival, an officer said a person was exiting the building.

A backup unit arrived immediately, and a person was said to be running eastbound on adjacent Graham Street, then south.

A police officer chased a suspect on Graham. A Taser was deployed and Mercy medics were then called to 4 Graham St. to evaluate that subject, who was in custody. 

The residence on Swan Street was checked and a second subject was arrested.

"Unknown property" was reportedly removed from the residence during the incident.

"The subject told the victim he had a gun. ... Nothing displayed," said an officer.

UPDATE 2:48 a.m.: The person who was tased is being transported to UMMC.

UPDATE 3:03 a.m.: The person arrested at the residence was apprehended on the second floor. Police say the pair possessed burglary tools and at least one weapon -- not a gun -- was recovered.

March 22, 2017 - 3:49pm
posted by Howard B. Owens in crime, batavia, news.
armstrongjeremymug2017.jpg
   Jeremy Armstrong

The suspect in a Dec. 2 shooting on Jackson Street has been indicted on a count of attempted murder by a Genesee County Grand Jury.

Jeremy R. "Boog" Armstrong, 26, of Batavia, faces six felony counts stemming from the incident which seriously injured a victim who has not been identified by authorities.

The counts also include assault in the first degree, criminal use of a firearm in the first degree, criminal use of a firearm in the third degree and two counts of criminal possession of a weapon in the second degree.

Armstrong was picked up earlier this month in East Hartford, Conn., on a warrant.

Police say Armstrong fired several shots at close range.

He allegedly shot a person while on Jackson Street and the two men reportedly knew each other.

According to sources, the victim suffered shoulder and chest wounds. He was treated first at UMMC and then transferred to ECMC.

Armstrong was located in East Hartford outside the residence of a family member, according to police. He was taken into custody without incident.

Individuals with information that may assist in the investigation are asked to call Det. Eric Hill (585) 345-6373, Det. Thad Mart at (585) 345- 6372, or the confidential tip line at (585) 345-6370.

March 22, 2017 - 11:49am
posted by Howard B. Owens in crime, batavia, news, byron, Oakfield.

Victor Michael Delatorre, 34, of West Main Street, Batavia, is charged with criminal mischief, 3rd. Delatorre allegedly damaged property of the Genesee County Jail.

Eric McWethy, 20, of Columbia Avenue, Batavia, is charged with loud muffler and unlawful possession of marijuana. McWethy was allegedly found in possession of marijuana during at traffic stop at 9:11 p.m. March 16 on Ellicott Street, Batavia, by Officer Chad Richards.

Keaira Sharee Jones, 25, of Jay Street, Rochester, is charged with unlawful possession of marijuana. Jones was a passenger in a vehicle stopped at 12:34 p.m. March 17 on Washington Avenue by Officer Frank Klimjack.

Cassi A. Schutt, 29, of West Crest Drive, Rochester, is charged with driving on a suspended registration, aggravated unlicensed operation, driving without insurance and failure to stop at sign. Schutt was arrested on a warrant for the listed charges. 

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with criminal obstruction of breaking and menacing, 2nd. Beardsley was arrested following a complaint of a domestic incident at 4:45 p.m. March 17 on Walnut Street, Batavia. He allegedly threatened a female with a knife and then choked her. He was jailed on $5,000 bail or $10,000 bond.

Shane K. Borton, 44, Chase Park, Batavia, is charged criminal contempt, 1st, and harassment, 2nd. Borton was allegedly involved in a physical altercation at 6:02 p.m. Saturday, which also violated an order of protection.

Donald Egan Jr., 26, of State Street, Seneca Falls, was arrested on a warrant. He was jailed on $1,000 bail.

Gangi Steven Perez, 21, of Bridge Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding, possession of alcohol in a vehicle, and unlawful possession of marijuana. Perez was stopped at 12:27 a.m. Saturday on West Main Street, Batavia, by Officer Arick Perkins.

Jamie L. Soto, 42, of Bank Street, Batavia, is charged with offering a false instrument for filing, 1st. Soto allegedly filed a sex offender change of address form with a false address. This is an additional charge added to previous charges.

Ifrah Mohammed Jajimusse, 38, of Main Street, Batavia, is charged with unlawful possession of marijuana. Jajimusse was allegedly found in possession of marijuana during at traffic stop at 8:25 p.m. Monday on West Main Street, Batavia, by Deputy Richard Schildwaster.

Jacob J. Russell, 21, of Walkers Corners Road, Byron, and Salvatore M. Schwable, of Weber Avenue, Oakfield, are charged with unlawful possession of marijuana. Russell and Schwable were in a vehicle stopped by members of the Local Drug Task Force and were allegedly found in possession of marijuana. Schwable was also found to have an arrest warrant of out Batavia Town Court for alleged petit larceny and criminal mischief.

March 21, 2017 - 6:07pm
posted by Billie Owens in crime, batavia, news, Le Roy.

A joint effort between the Le Roy Police Department, Genesee County Sheriff’s Office and City of Batavia Police Department led to the arrest today of a wanted fugitive who has been hiding from the law for months.

Oliver Thomas, 25, was wanted in connection to an alleged violent burglary and assault on residents on Central Avenue in the City of Batavia in October and also for allegedly failing to change his address in relation to the NYS Sex Offender Act. Thomas was located at 16 Pleasant St. in Le Roy.

The arrest came after a tip was received that Thomas was currently located at that address and upon investigating, the officers found Thomas and took him into custody without incident.

Thomas was transported to Batavia to face the charges.

He is charged with first-degree burglary and second-degree assault for the crimes alleged in the Central Avenue incident. Thomas served time in prison after he was convicted of rape in 2009 and is required to register as a Level 2 sex offender. 

March 21, 2017 - 4:17pm
posted by Billie Owens in crime, news, alexander, batavia.

On Feb. 27, an officer from the Attica Police Department responded to the Attican Motel, located at 11180 Route 98, Attica, for a report of a suspicious male outside room #101 yelling “Someone’s going to get murdered tonight” and “Everyone is going to die.”

Upon arrival at about 9:30 p.m., the officer met with the individual, Channing Ballinger. During the initial interview, Ballinger police say was irate and refused to comply with police directions. The officer attempted to conduct a mental health arrest of the subject when he began to physically attack the officer, pinning the officer to the ground, according to the police report.

During the struggle the officer was able get free from Ballinger and deploy a Taser. Ballinger was taken into custody with the assistance of deputies from the Wyoming County Sheriff Office, the Genesee County Sheriff Office and the New York State Police. Ballinger and the officers did not sustain any injuries. Ballinger was transported to the Wyoming County Community Hospital Emergency Department for mental health evaluation.

The 32-year-old is charged with: second-degree attempted assault on a police officer; resisting arrest; second-degree obstruction of governmental administration; fourth-degree criminal mischief; and disorderly conduct.

Ballinger has an extensive history of mental health disease and has open criminal charges in the Town of Batavia and Village of Warsaw. Upon Ballinger's release from the mental health unit on March 13, he was placed under arrest and arraigned in Attica Village Court on the charges cited above. Ballinger was then put in Genesee County Jail on $25,000, or $50,000 bond.

Ballinger was to reappear in the Town of Alexander Court on March 14. Channing Ballinger has a history of violence against law enforcement and hospital staff.

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