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September 5, 2017 - 10:27am
posted by Howard B. Owens in crime, Alabama, news, batavia, notify.

Amanda Lynn Abrams, 26, of Council House Road, Tonawanda Indian Reservation, is charged with criminal mischief, 3rd. The Sheriff's Office received a complaint at 5 p.m. Sunday of several broken windows, including broken windows on a vehicle, at a location on Sand Hill Road, Tonawanda Indian Reservation. Upon investigation, it's alleged that Abrams broke windows "with no reasonable grounds to believe she had such a right," damaging the property of another person.

Joseph A. Saraceni Jr., 21, of Linwood Avenue, Batavia, is charged with driving while ability impaired by drugs, unlicensed driver, following too closely and failure to signal a turn. Saraceni was stopped at 9:45 a.m. Aug. 28 in Wyoming County after a trooper observed Saraceni allegedly following another vehicle too closely. When the trooper attempted to follow Saraceni, he made an abrupt turn reportedly without signaling. During the traffic stop, State Police say Saraceni presented an expired license. He provided a list of medications he was taking that included controlled substances. The trooper conducted a field sobriety test and he was processed at SP Warsaw by a drug recognition expert. He was issued an appearance ticket and turned over to Monroe County Sheriff's Office on an active probation warrant.

September 1, 2017 - 5:13pm
posted by Billie Owens in crime, news, batavia.

A 19-year-old Nigerian college soccer player was sentenced to time served today after agreeing to a plea bargain on a sex charge.

Hamma S. Yusuf Jr. has been incarcerated for 11 months (nine in Genesee County; two in North Dakota for reasons not explained). In Genesee County Court this morning, he pled guilty to a Class A misdemeanor -- sexual misconduct, on an "Alvord basis," meaning without a factual admission of guilt. The maximum sentence he could serve on that misdemeanor is one year.

He was originally charged with first-degree rape in a case involving a 13-year-old girl when he was 18. He was also granted "youthful offender" status today, which means in due time his crime can be expunged from his record, provided he does not commit another one.

But Yusuf is not home free. Although he was released today from Genesee County's custody, an immigration detainer was filed by the U.S. Immigration Service. Therefore, he will imminently be in their custody and his temporary visa status will be reviewed and possibly revoked.

Judge Charles Zambito clearly and articulately explained the proceedings to Yusuf and was careful that the client of defense attorney Michael D'Amico understood them and the impact the guilty plea may have on his immigration status.

D'Amico described the athletic teenager as articulate, thoughtful and a good soccer player who realizes "he got himself in a tough spot." When asked, the soft-spoken African said he completed two years of college and could write and speak English fluently.

Nothing was said about regrets.

Zambito agreed to issue the requested order of protection for the victim and fined Yusuf $175 plus a $25 mandated surcharge.

Then the orange-jumpsuited, handcuffed teen was led away to be processed and transferred to the custody of immigration authorities.

September 1, 2017 - 4:32pm
posted by Billie Owens in crime, batavia, Bethany, news.

A registered sex offender and former resident of Chaddock Road, Bethany, was in Genesee County Court again today for a probation violation.

According to District Attorney Lawrence Friedman, Christopher Joseph Campbell has been staying with a woman and her three children, which is a violation of his probation.

"He can't be around children, even if the mother has no objection," Judge Charles Zambito told the defendant and his attorney, Michael Locicero. "It's not up to her. It's up to me."

The mother, who was sitting in the gallery, was asked by the judge if she understood that. She said yes, and was asked to state her name for the record.

The defendant, with nearly shorn hair and sporting a Van Dyke (see photo, taken in February), was dressed in street clothes -- jeans, a gray T-shirt, and turquoise, gray and white zip-up fleece jacket. He looked over at his girlfriend and shrugged his shoulders a couple of times during the proceedings.

Although his attorney said he is employed full time, Friedman said that it is his understanding that Campbell was fired from his job.

Zambito said he will revoke Campbell's probation if he is found around children and he will be arrested. Period.

Last October, Campbell was charged with failure to report a change of address as required by law. It is a felony. He formerly resided on West Main Street Road in Batavia before moving to Bethany. But the state database for sex offenders, as of today, lists him as residing on West Main Street Road.

According to the state database, the 39-year-old, who is 5'10" and weighs about 190 pounds, was convicted of first-degree sexual abuse in 2007. He was a "non-stranger" who sexually abused two girls, ages 10 and 7, in the summer of 2005. Although force was not used, according to the record, he is listed as "sexually violent." He was arrested for the sex crimes by Monroe County authorities.

Campbell served two years in state prison.

Campbell is due back in court at 10 a.m. on Tuesday, Sept. 19.

September 1, 2017 - 3:54pm
posted by Billie Owens in crime, batavia, news, animal abuse.

A man accused of forcibly stealing a cell phone and beating and strangling a woman's beagle will get a thorough mental health exam to determine his fitness for court proceedings, Judge Charles Zambito ordered today in Genesee County Court.

Shawn Michael Twardowski is charged with one count of third-degree robbery, a Class D felony, for allegedly taking a cell phone from a woman on Jan. 26 on Bank Street in the City of Batavia; and one count of cruelty to animals, a Class A misdemeanor.

A possible plea deal was withdrawn, for now at least.

His attorney, Michael Locicero, told Judge Zambito that his client "displayed competency issues in his last court appearance" in August. Today, Locicero reiterated his concerns, saying a recent "mental forensic evaluation" does not address Twardowski's "competency per se" and he again expressed reservations about his client's "fitness to proceed," and comprehend a plea bargain.

Locicero said his client told him that at some point he was diagnosed with schizophrenia, but nothing in his file confirms that diagnosis. He described his client as "non-responsive" in face-to-face dealings with him. Indeed throughout his brief appearance in County Court this morning, the tall, lanky Twardowski, handcuffed and wearing inmate orange, sat or stood slope-shouldered, staring vacantly at the table. 

The defense attorney once more asked for a "730 Exam" -- a comprehensive mental health evaluation of his client.

Last month, Assistant District Attorney Robert Zickl objected to that request and noted that no comprehension issue was raised when the defendant sought a judicial diversion. Zambito, who subsequently called for more information and specifics to be gathered in the intervening weeks, seemed reluctant to grant the 730 Exam request.

"I've reviewed the records," Zambito said. "There's nothing to indicate he's incompetent, but I have not dealt with him personally."

Zickl again objected to the request, adding that the plea offer would be withdrawn and if he is found competent, the case would go to trial.

"If he's (found) not competent to stand trial, he's not competent to consider a plea offer," Zambito said, making Zickl's point moot.

Zambito ordered a 730 Exam for Twardowski.

The case is on the docket again at 10 a.m. Friday, Oct. 13.

September 1, 2017 - 10:19am
posted by Howard B. Owens in crime, Alabama, batavia, news, notify, Bethany, alexander, Stafford.

Clarence J. Carithers, 32, of West Academy Street, Albion, is charged with: unlawful fleeing a police officer; three counts of endangering the welfare of a child; reckless driving- speeding (86 in 55-mph zone); failure to stop at blinking red light; unsafe turn without signaling, speed in excess of 55 mph (111 mph); and inadequate lights. Carithers allegedly drove his vehicle past a Sheriff's patrol at an excessive speed on Lewiston Road, Alabama, at 12:44 a.m. and then failed to stop at a blinking red light at the intersection of Lewiston and Alleghany roads, continuing southbound on Route 77 at a high rate of speed. Carithers then allegedly turned onto Bloomingdale Road and failed to signal. He is accused of driving in excess of 55 mph on Bloomingdale before stopping at a gas mart located on the Tonawanda Indian Reservation. He was arrested by Deputy Eric Meyer, arraigned in Town of Alabama Court and jailed without bail. Assisting were Sgt. John Baiocco, Sgt. Jason Saile, Deputy Ryan Young, and Deputy Howard Wilson.

Devan Dashaun Hazel, 23, of St. Mary's Street, NYC, is charged with criminal possession of marijuana, 5th. He was arrested on a warrant out of Town of Stafford Court and jailed on $250 bail.

Kalil T. Walker, 23, of Isabelle Street, Rochester, was arrested on a warrant for alleged failure to appear in City Court. Walker posted bail and was released.

Timothy J. Wood, 28, no permanent address, was arrested on a warrant upon release from the Niagara County Correctional Facility. He was turned over to Batavia PD, arraigned in City Court and sentenced to 15 days in jail.

Nicholas D. Martino, 37, of Main Street, Alexander, was arrested on a warrant for alleged failure to appear. 

Darryl Robinson, 53, of East Main Street, Batavia, was arrested on a warrant. Robinson was taken into custody during an investigation into an unrelated incident. Robinson allegedly failed to appear in City Court on charges of harassment, 2nd, and unnecessary noise.

Robin A. Pickering, 33, of Electric Avenue, Lackawanna, was arrested on a warrant. Pickering allegedly failed to comply with terms of DWI conviction in 2015. She was jailed on $2,500 bail.

Shuvon J. Williams, 41, of Walnut Street, Batavia, is charged with harassment, 2nd. Williams was allegedly involved in an altercation in the Dollar General parking lot on East Main Street, Batavia, at 6:10 p.m. Friday.

Kelly A. Morrison, 44, of Skyline Drive, Lady Lake, Fla., is charged with menacing, 2nd, endangering the welfare of a child, and criminal possession of a weapon (prior conviction). Morrison allegedly brandished a large pocket knife during an altercation at 6:10 p.m. Friday in the parking lot of Dollar General in Batavia. Morrison was jailed without bail.

A 17-year-old resident of Edward Street, Batavia, is charged with criminal mischief, 2nd, resisting arrest, and unlawful possession of marijuana. The youth allegedly damaged a parked vehicle in the area of Bank Street and Washington Avenue, Batavia, and then resisted when officers attempted to place him under arrest. He was jailed on $2,500 bail.

Maria Katriliotis, 35, of North Spruce Street, Batavia, is charged with harassment, 2nd. Katriliotis allegedly kicked another person at 3:40 p.m. Saturday.

Brandon C. Smart, 40, of Hutchins Street, Batavia, was arrested on a warrant. Smart was arrested after police responded to a location on Hutchins Street to investigate a noise complaint.

A 17-year-old resident of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at a location on Cedar Street, Batavia.

Dora L. Poodry, 23, of West Main Street, Batavia, is charged with failure to appear on a petit larceny charge. Poodry is in custody on an unrelated charge.

Meredith H. Cutro, 40, of Tracy Avenue, Batavia, is charged with harassment, 2nd, and criminal trespass. Cutro allegedly entered the home of another person at 4:44 p.m. Aug. 22and refused to leave when told to leave. Cutro allegedly pushed another person when that person was trying to get her to leave.

Dustin L. Landin, 38, of James Street, Batavia, was arrested on a warrant for an alleged violation of his release under supervision contract. He was jailed on $2,500 bail.

Traci Lynn Abrams, 19, of Skye Road, Alabama, is charged with possession of a loaded firearm in a motor vehicle. Abrams was arrested by Batavia PD and turned over to the Sheriff's Office on a warrant.

Rudy P. Bail, 23, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Bail was charged by State Police at 8:36 a.m. Thursday in the Town of Bethany.

August 28, 2017 - 8:36am
posted by Howard B. Owens in crime, news, batavia, Alabama, notify, Darien.

Hofford Lindsay Ian, 53, of Bluff Trail, Nobleton, Ontario, Canada, is charged with: DWI; unauthorized use of a vehicle; leaving scene of an accident; refusal to take breath test; and moving from lane unsafely. Ian allegedly drove a golf cart without the owner's permission while at Darien Lake. While operating the golf car, Ian allegedly struck another vehicle and left the scene of the accident. He was jailed on $5,000 cash bail or $10,000 bond. 

Melissa R. Reinard, 24, of Pine Ridge Road, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Reinard was stopped for allegedly driving 53 in a 35-mph zone in Corfu by Officer Richard Retzlaff.

Galen Bena Sundown, 24, of Council House Road, Tonawanda Indian Reservation, is charged with: DWI; driving with a BAC of .18 or greater; unreasonable speed; drinking alcohol in a motor vehicle; and driving on public highway while using a mobile phone. Sundown was reportedly involved in a personal-injury accident at 2:34 a.m. Sunday on Council House Road, Alabama. The accident was investigated by Deputy Howard Wilson and Deputy Howard Carlson.

Sandra J. Kessler, 45, of Lewiston Road, Batavia, is charged with DWI and driving while impaired by drugs. Kessler was arrested following an investigation of a reported suspicious condition on Ellicott Street, Batavia, by Deputy Howard Wilson, at 11:12 p.m. on Friday.

Anthony Professor Blackwell, 39, of George Urban Boulevard, Cheektowaga, is charged with criminal mischief, 3rd. Blackwell turned himself in on a warrant. He was jailed on $5,000 bail.

August 27, 2017 - 6:43pm
posted by Howard B. Owens in crime, darien lake, darien lake performing arts center, news.

The following people were arrested by the Genesee County Sheriff’s Office during the Green Day Concert at Darien Lake Performing Arts Center on Saturday:

Dustin R. Waldmiller, 23 of Harding Road, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Thomas J. Pilarz, 27, of Appletree Courts, Cheektowaga, is charged with disorderly conduct after allegedly causing a disturbance in the venue parking lot.

August 27, 2017 - 2:26pm
posted by Howard B. Owens in crime, batavia, news, walmart, notify.

A 19-year-old Batavia man has been charged with arson and petit larceny after allegedly setting a box on fire that contained Apple ear buds in an attempt to steal them.

The suspect then disposed of the burnt box under a metal display rack and attempted to leave the store before being intercepted by store security officers.

Arrested was John Rai Delara, 19, of MacArthur Drive, Batavia. He was charged with petit larceny, fifth-degree arson, and criminal mischief, 4th.

He was released on an appearance ticket.

August 25, 2017 - 6:07pm
posted by Howard B. Owens in crime, batavia, news.

Nicholas D. Martino, 37, of Pearl Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Martino was arrested on a warrant out of the City of Batavia and when taken into custody allegedly had a small amount of cocaine on him. He was jailed on $500 bail.

Jamie B. Wix, 41, of Rozzelles Landing Drive, Charlotte, N.C., is charged with DWI, driving with a BAC of .08 or greater and speeding. Wix was stopped at 1:29 a.m., today, on Park Road, Batavia, by Deputy Howard Wilson.

August 25, 2017 - 5:54pm
posted by Howard B. Owens in crime, news, pembroke, Darien.

A trial that Judge Charles Zambito expected to last four days stretched into a fifth day today with two-and-a-half hours of closing arguments by the two attorneys before the jury was given a chance to deliberate.

Deliberations didn't last long and David K. Atkinson was convicted of criminal sexual act in the first degree.

Atkinson was on trial for forcing a woman he was living with into performing oral sex on him.

It was an act he recorded live and streamed for a man living in Darien whom he apparently suspected of getting involved with the woman. This was apparently supposed to show the Darien man that the woman was still with Atkinson and staying with him.

Jamie Walsh, an attorney with the Public Defender's Office, represented Atkinson and argued that the sexual act was entirely consensual and that Atkinson and the woman had been cuddling before she agreed to perform the act and that she took her shirt off.

The incident started after Atkinson found text messages on the woman's phone between the woman and the man in Darien. This act was supposedly "makeup sex."

There was disagreement between the defense and the prosecution as to how a mobile phone came to be destroyed by a clawhammer and how Atkinson's guitar came to be used as a weapon against the television set in the residence.

Assistant District Attorney Robert Zickl said there was nothing about the event that suggested it was consensual, that the woman felt threatened and forced to perform the act. He said although the video is dark, the woman clearly still had her shirt on, and the language of Atkinson hardly fits his definition of "romantic." Besides, Zickl noted, it seemed odd that a man who claimed he had just been cuddling with his woman and was now getting a consensual and romantic sexual favor, still had his boots on and his pants buckled.

August 25, 2017 - 5:40pm
posted by Billie Owens in crime, batavia, news.

A 38-year-old Central Avenue man charged with second-degree assault declined a plea offer this afternoon in Genesee County Court.

Jason E. Carpenter opted to take his case to trial, according to his attorney, Jerry Ader, and it was put on the court docket for the week of Nov. 13.

He was arrested in March following an investigation by City of Batavia Police Department into a fight involving multiple persons at the corner of Liberty and Sumner streets at 12:10 a.m. on Feb. 26. Carpenter is accused of punching another person in the eye, causing multiple facial fractures.

Carpenter is charged with second-degree assault, a Class D violent felony, and was subsequently indicted for the crime by the Grand Jury. The indictment alleges that with intent to cause serious physical injury to another person, he caused such injury to a person, on Feb. 26 on Liberty Street.

If found guilty on the charge, Carpenter faces up to seven years in state prison.

Under a plea deal offered by District Attorney Lawrence Friedman, the second-degree assault charge would be amended to attempted assault, a nonviolent Class E felony, with a prison sentence range of one-and-a-third to four years, which the judge would determine.

"He's not interested in the plea -- we'd like to schedule this for trial," Ader told Judge Charles Zambito.

Carpenter, a somewhat burly, bearded strawberry blonde who wore khakis, a plaid shirt in earth tones, and clutched a baseball cap in his left hand, did not speak in court.

August 25, 2017 - 5:39pm
posted by Howard B. Owens in crime, batavia, news, notify.
armstrongjeremymug2017.jpg
   Jeremy Armstrong

A man charged with attempted murder accepted a plea deal in County Court today that guarantees a 15-year prison term.

Jeremy R. "Boog" Armstrong, 27, faced a six-account indictment for the shooting of a victim on Jackson Street, Batavia, on Dec. 2. Today was his plea cut-off date and if the case had gone to trial and he was convicted, the maximum available sentence could have locked him away for 37 years.

Armstrong hesitated when first asked by Judge Charles Zambito if he was ready to agree to the terms of the plea. His attorney asked for a recess to confer with his client.

Because there was also a jury trial scheduled for the morning, the recess lasted two-and-half-hours while the attorneys in that case delivered their closing statements.

The plea deal satisfied two indictments, with the one that included the attempted murder charge being reduced to a lesser included offense under count two of attempted assault in the first degree. The second indictment included a count from a separate incident of criminal possession of a controlled substance in the third degree.

When Zambito read the supporting circumstances for attempted assault, his attorney, Mark Foti, objected to "knowingly caused serious physical injury," and with the suggestion of District Attorney Lawrence Friedman, the language was changed to "intent to cause serious physical injury."

Again, Armstrong Hesitated, but after conferring with Foti entered his guilty plea.

He didn't hesitate when pleading guilty to the drug dealing charge.

Friedman said the agreement to nine years for criminal possession and the 15 years for attempted assault were "no more and no less," meaning Armstrong agreed to exactly that time in prison. The sentences would be served concurrently. His term of parole will be decided at the time of his sentence but will be between two-and-a-half and five years.

Sentencing is scheduled for 1:30 p.m., Oct. 6.

August 24, 2017 - 11:50am
posted by Howard B. Owens in crime, batavia, Stafford, news.

Kelly Leigh Stanton, 23, Sparksboro Drive, Camillus, is charged with forgery, 2nd. Stanton allegedly claimed to be her sister during an arrest at 12:18 a.m. on Aug. 5. She is accused of signing her sister's name on a fingerprint card. She was jailed on $15,000 cash bail or $25,000 bond.

Joelle Marie Devincetis, 34, of Weston Road, Rochester, is charged with aggravated unlicensed operation, 3rd, and inadequate plate lamp. Devincetis was arrested on a warrant out of Town of Stafford Court and jailed on $200 cash bail or $2,500 bond.

August 23, 2017 - 4:12pm
posted by Howard B. Owens in crime, Oakfield, news.

A 17-year-old resident of Basom has been indicted on two counts of unlawful surveillance in the second degree. The youth is accused of using a recording device to surreptitiously view, broadcast or record, under the clothing being worn by another person, showing the sexual or other intimate parts of the person.

He's also accused in the second count of surreptitiously using a camera to record or view a person in a location where the person expected privacy without the person's consent. The first count stems from an incident reported Jan. 31 and the second count from an incident reported June 7, both in the Town of Oakfield.

August 23, 2017 - 10:41am
posted by Howard B. Owens in crime, Le Roy, news, batavia.

Rae C. Cook, 28, of Ellicott Street, Batavia, is charged with harassment, 2nd. Cook is accused of punching and kicking a roommate in the face during an argument at midnight, Monday. 

Passiona C. McConnell, 39, of Bank Street, Batavia, is charged with curfew violation. McConnell is accused of allowing her two juvenile children to violate the Batavia Municipal Code curfew.

Minnie M. Henry, 29, no permanent address, Batavia, is charged with criminal mischief and harassment, 2nd. Henry was arrested on a warrant and detained in jail.

A 17-year-old resident of Main Road, Le Roy, is charged with trespassing. Deputies responded to a complaint of several individuals trespassing on property at 7875 E. Main Road, Le Roy. The youth was identified as an alleged trespasser, arrested and issued an appearance ticket.

August 22, 2017 - 5:37pm
posted by Howard B. Owens in crime, corfu, pembroke, news, scott doll.
     File Photo: Scott Doll

An attempt by Scott F. Doll to get his 2010 murder conviction overturned has hit a final state-level roadblock, with New York's Court of Appeals turning down a request for either a hearing or a new trial based on Doll's lack of legal right to seek the appeal.

An attorney for Doll, Timothy Murphy, argued in January 2016, before Interim County Court Judge Micheal Pietruszka, that his client should get a new trial because of what he believed was a mishandling of fingernail scrapings from the murder victim, Joseph Benaquist, and the possibility of third-party blood DNA on one of the boots of Benaquist.

Pietruszka denied the appeal and Murphy appealed to the Fourth Department of the New York Court of Appeals and a judge there ruled that the department wouldn't hear the appeal or grant a new trial.

Today, a judge with the state's Court of Appeals issued a ruling that said Doll was asking for an appeal on issues that were not appealable. 

For previous Scott Doll coverage, click here.

August 22, 2017 - 3:39pm
posted by Howard B. Owens in crime, batavia, news, walmart.

A caller in the area reports seeing a person with a shopping cart full of merchandise who walked from Walmart to Pawn King.

The caller suspects the items were stolen from Walmart.

A trooper is responding.

UPDATE 3:45 p.m.: When the trooper pulled up, the subjects left Pawn King and were last seen walking toward Office Max. They left the merchandise on the counter at Pawn King.

August 22, 2017 - 11:04am
posted by Julia Ferrini in bergen, crime, news, Attica.

The Attica Police Department initiated an investigation into a violation of an order of protection between Juan A. Roman, 39, of Bergen, and a female victim.

A complete stay away order of protection had been issued July 21 by the City of Batavia Court from previous charges of unlawful imprisonment in the first degree, assault in the third degree and criminal obstruction of breathing or blood circulation between the defendant and the victim.

juan_a._roman.jpg
      Juan A. Roman

Roman was charged Aug. 14 with criminal contempt in the first degree – telephone communication, and criminal contempt in the first degree – prior conviction within five years.

An arrest warrant was obtained and Roman was found and taken into custody without incident with the assistance of the Genesee County Sheriff’s Office. He was arraigned in Wyoming County Court and put in Wyoming County Jail on no bail.

He was in Attica Village Court Monday where he was put back in jail on no bail due to several previous felony convictions, which include:

    • Sept. 5, 2008 – Charged with driving while intoxicated, ticketed with unsafe backing, unlicensed operation of a motor vehicle, moving from lane unsafely, and consumption of alcohol in the vehicle;

    • Feb. 4, 2009 – Charged with unlawful imprisonment in the first degree, assault in the third degree and petit larceny;

    • March 3, 2011 – Roman accused of dealing cocaine, allegedly selling a quantity of the drug to an undercover agent in Batavia. He was charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree;

    • Aug. 30, 2013 – Charged with harassment in the second degree and unlawful possession of marijuana;

    • Jan. 8, 2014 – Charged with harassment in the second degree, three counts of endangering the welfare of a child and criminal contempt in the first degree;

    • July 17, 2014 – Charged with three counts of criminal contempt in the second degree;

    • Sept. 9, 2014 – Charged with criminal contempt – violating a stay away order of protection; and

    • July 24 – Charged with promoting prison contraband.

August 21, 2017 - 8:41am
posted by Howard B. Owens in crime, batavia, news, notify, Le Roy, Alabama.

Billy Brown Sr., 34, of Walnut Street, Batavia, is charged with two counts of harassment, 1st, criminal contempt, 1st, criminal mischief, 4th, criminal contempt, 2nd, and coercion, 2nd. Brown was charged following a report of a domestic incident at 9:14 p.m. Aug. 14 on Walnut Street. Brown allegedly fled into the swamp area near Walnut and was tracked by Deputy Chris Erion and K-9 Destro. Brown was located and taken into custody without incident. He was jailed without bail.

Brian K. Dyer, 50 of North Street, Batavia, is charged with menacing, 3rd, and harassment, 2nd. At 8:49 p.m. on Aug. 14, Batavia PD responded to a location on North Street for a report of a landlord-tenant dispute. Dyer was arrested for allegedly threatening a tenant with a wood dowel and attempting to strike the tenant with the dowel.

Dashawn A. Suber, 24, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear for a court appearance.

Katelyn C. Kubala, 28, of Meadow Lane, Attica, was arrested on a warrant for alleged failure to appear for a court appearance. Kubala posted bail and was released.

Kodey R. Mills, 24, of Myrtle Street, Le Roy, is charged with criminal mischief, 4th. Mills is accused of damaging a sign on the side of the road in front of a business on West Main Street, Batavia.

Christopher P. Sullivan, 37, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear for court. 

Grayson J. Finnin, 21, of Old Buffalo Road, Warsaw, was arrested on a warrant for alleged failure to appear for a court appearance.

Keyanna L. Gibson, 19, of Watson Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Gibson is accused of scratching another person during a dispute on Maple Street, Batavia. That person is under 17 years of age.

Barbara E. Ferrando, 45, of Summit Street, Batavia, is charged with unlawful possession of marijuana and criminally using drug paraphernalia, 2nd. Ferrando was allegedly found in possession of marijuana and drug paraphernalia at 12:25 p.m. on Aug. 13 at a location on Summit Street, Batavia.

Steffon G. Philip, 31, of Lyell Avenue, Rochester, was arrested on a warrant for alleged failure to appear for court. He was jailed on $5,000 bail.

Maurillio Osorio-Carreno, 33, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear for court.

Travis A. Weatherbee, 30, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear in court.

Terry Lee Lamere, 52, of Buffalo Road, Bergen, was arrested on a warrant for alleged failure to appear for court.

Ernest D. Lane, 59, of Ellicott Street, Batavia, is charged with strangulation, 2nd, and aggravated family offense. Lane was allegedly involved in a domestic incident at 1 p.m., Friday. He was jailed without bail.

Lee A. Baxter, 33, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Baxter is accused of sending text messages to a person in violation of a court order. He was jailed on $1,000 bail.

Olivia Marie Lyons, 24, of Judge Road, Alabama, is charged with petit larceny. Lyons is accused of shoplifting from Walmart.

August 17, 2017 - 10:53am
posted by Howard B. Owens in crime, batavia, news, notify.

A potential plea deal for a man accused of taking a woman's mobile phone and punching a beagle was put on hold in County Court this morning after his attorney expressed reservations about his client's ability to comprehend the court proceedings.

Attorney Micheal Locicero said that based on a recent mental health evaluation and his own conversation with his client this morning, he's concerned that Shawn M. Twardowski is confused by the proposed plea deal.

Assistant District Attorney Robert Zickl objected to a request for a detailed mental health examination.

"There didn't appear to be an issue when the defendant was seeking a judicial diversion," Zickl said. 

After a sidebar with the two attorneys, County Court Judge Charles Zambito said he would like more information from the counselors at the Mental Health Association who examined Twardowski.

Zambito did not grant what's known as a 730 exam, which is a mental health exam aimed at determining a defendant's mental fitness to proceed with a legal case. 

"I want more information, more specifics," Zambito said.

Twardowski, 34, was arrested Jan. 26 following an incident on Bank Street where Twardowski allegedly strangled and punched a beagle and stole a woman's mobile phone, then when police arrived, barricaded himself in a bedroom. He allegedly struggled with officers once they gained access to the room.

A follow-up hearing is scheduled for 10:30 a.m., Sept. 1.

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