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Law and Order: Arrests for second-degree harassment, pot possession, criminal tampering

By Billie Owens

Ronald Francis Ratulowski Jr., 43, of Eleanor Place, Batavia, is charged with second-degree harassment. He was arrested at 12:49 a.m. on Dec. 28 on Eleanor Place following a domestic dispute. He was issued an appearance ticket for Jan. 17 in City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Bolles.

Melanie M. Matesz, 51, of Dellinger Avenue, Batavia, is charged with second-degree harassment. She was arrested at 8:50 p.m. on Dec. 26 on Dellinger Avenue following an investigation into an incident wherein she allegedly struck another person. She was issued at appearance ticket for Jan. 3 in City Court. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Richard C. Clark, 46, of Main Street, Corfu, is charged with second-degree harassment. Clark was arrested at 9 p.m. on Dec. 29 on Tracy Avenue in Batavia following a domestic dispute wherein he allegedly grabbed and pushed another person. He was arrainged then released on his own recognizance. He is due in City Court today (Jan. 4). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

Robert R. Gerety, 43, of Elm Street, Batavia, is charged with unlawful possession of marijuana, resisting arrest and criminal mischief. At 12:58 a.m. on Dec. 28, Gerety was arrested after a domestic incident in which the defendant is alleged to have damaged property at the residence, possessed marijuana, and resisted arrest. He was put in Genesee County Jail and in due in City Court at a later date. The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Peter Flanagan.

Jessica Lynn Polk, 40, of Bank Street, Batavia, is charged with criminal tampering. Polk was arrested at 10:10 a.m. on Dec. 23 after she allegedly tampered with property belonging to another person. She was released with appearance ticket for Jan. 3 in City Court. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

A 16-year-old who lives on State Street in Batavia is charged with criminal contempt in the second degree. The youth was picked up on an active warrant out of City Court for this alleged offense, a violation of a Family Court order, which occurred at 8 a.m. on Oct. 20 on State Street. The defendant was issued an appearance ticket for Jan. 10 in City Court. The case was handled by Batavia Police Officer Chad Richards.

Robert M. Schryver, 53, of North Spruce Street, Batavia, is charged with unlawful possession of marijuana. At 9:45 a.m. on Dec. 29, Shryver was allegedly found to possess a quantity of marijuana and was arrested. He is due in City Court on Jan. 10 to answer the charges. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Frank Klimjack.

Kyle James Whitcombe, 19, of Westchester Drive, Cheektowaga, is charged with unlawful possession of marijuana and driving left of pavement markings. Following a one-car accident at 6:26 a.m. on Jan. 3 on Route 77 in the Town of Pembroke, Whitcomb was allegedly found in possession of marjiuana. He was issued an appearance ticket for Jan. 24 in Town of Pembroke Court. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Ryan Young.

Le Roy man rearrested, two more charges added in arson case

By Billie Owens

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Press release from Le Roy Police Department:

The Le Roy Police Department rearrested Matthew McCracken on Dec. 29, adding two additional charges: attempted arson in the second degree, a Class C violent felony, and endangering the welfare of a child, a Class A misdemeanor.

It is now alleged that McCracken attempted to damage the building at 10/12 Clay St. in Le Roy by the use of fire, specifically a torch-type item while knowing or having cause to believe persons were inside the building at the time, specifically the neighbors and a young child that McCracken was babysitting.

McCracken’s actions did in fact cause blackened burn marks on the neighbors door and door frame. The endangering the welfare of a child charge alleges that McCracken endangered the physical or moral welfare of the same child during the incident due to the attempted arson, second degree, but furthermore, it alleges he was impaired by alcoholic beverage during the incident to the point he passed out or fell asleep, therefore was unable to care for the child.

McCracken was rearraigned before the Le Roy Town Court and further put in Genesee County Jail in lieu of $25,000 cash bail or $50,000 bond.

See post about previous arrest here.

Law and Order: Le Roy police arrest arrest mom for allegedly throwing claw hammer, injuring tot

By Billie Owens

Press release from the Le Roy Police Department:

On Dec. 7th, Village of Le Roy Police arrested 31-year-old Danielle L. Barager, of 9 Summit St., Le Roy, and charged her with endangering the welfare of a child. The arrest stems from an investigation by Village Police into an incident that occurred in the Village of Le Roy on Dec. 4. It is alleged that during an argument Barager threw a claw hammer which ricocheted off the floor and struck a 3-year-old child in the shoulder causing injury. Barager was issued an appearance ticket and is scheduled to appear in the Town of Le Roy Court at a later date.

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On Dec. 24, at about 6:30 p.m., officers of the Village of Le Roy Police Department arrested Matthew McCracken, 33, of 10 Clay St., upper apt., Le Roy, for attempted criminal mischief, 4th degree, and harassment, 2nd degree. This arrest occurred after Le Roy Police Officer’s responded to a report of a male threatening to kill the neighboring residents of an upper apartment on Clay Street in the Village of Le Roy. The investigation alleged that during a dispute, McCracken had threatened to kill and injure his neighbor and burned the door and door frame of his neighbor’s apartment with a blow torch. At the time, McCracken was refusing to answer both his phone and the door to his apartment to communicate with officers and McCracken was believed to be in his apartment with a blow torch and a 2-year-old child. Out of concern for the child, Officer’s forced entry into the apartment and McCracken was taken into custody without incident. The child was found unharmed and was turned over to the mother. McCracken was arraigned in the Town of Le Roy Court and was put in Genesee County jail in lieu of $500 cash bail. Further investigation is pending. Le Roy Police were assisted at the scene by members of the New York State Police.

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On Dec. 27th, officers of the Village of Le Roy Police Department arrested Gregory P.  Bernard, 22, of East Bethany, for aggravated DWI, DWI and moving from lane unsafely. His arrest was the result of an auto accident in which it is alleged that Bernard, while on West Main Street in Le Roy left his lane unsafely, jumped a curb and struck a sign and tree causing damage. Bernard was processed and issued appearance tickets returnable to the Town of Le Roy Court on Jan.  23. The aggravated DWI charge stems from an allegation that Bernard had a BAC at or above 0.18 percent.

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On Dec. 28th, Village of Le Roy Police stopped a vehicle on State Route 19 in the Village of Le Roy alleging an inadequate exhaust. The operator, Michael A. Ellis, 27, of Batavia, was allegedly found to have a suspended New York State driver’s license. The vehicle was turned over to a relative at the scene. Ellis was issued uniform traffic tickets for aggravated unlicensed operation, 3rd degree, uninspected motor vehicle, and inadequate exhaust returnable to the Town of Le Roy Court on a later date.

Batavia PD seeks public's help in solving burglary at Glass Roots last month

By Billie Owens

Photo and info from our news partner 13WHAM.

Batavia Police are asking for help in locating an individual in connection with a burglary that took place last month at the Glass Roots store, located at 12 Center St. downtown.

According to police, the incident happened during the overnight hours between Dec. 11 and 12.

Police released surveillance images taken on the night of the burglary.

Anyone with information is asked to call Crime Stoppers at 423-9300.

Law and Order: Batavia woman first DWI arrest of new year

By Howard B. Owens

Angela Joan Bombard, 55, of Main Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater and driving left of pavement markings. Bombard was stopped at 6:49 p.m. Sunday on Route 19, Le Roy, by Deputy Jeremy McClellan.

Justin Allen Siegmyer, 20, of Baxter Street, Buffalo, is charged with unlawful possession of marijuana, uninspected motor vehicle and possession of an open container in a motor vehicle. Siegmyer was arrested following a check of a vehicle parked roadside on Prole Road, Stafford, at 1:24 a.m. Sunday by Deputy Mathew Clor.

State Police announce results of detail investigating underage alcohol sales

By Howard B. Owens

Press release:

On Friday, Dec. 30, the New York State Police based out of the Batavia Barracks along with the New York State Liquor Authority conducted an underage drinking detail. Approximately 16 stores throughout Genesee County were checked and three sales were made to underage buyers. The following arrests were made:

Rashmikant Patel, 50, of Batavia, was arrested for unlawfully dealing with a child, 1st degree, and prohibited sale of alcohol to a person under 21. Patel was issued appearance tickets returnable to the Town of Pavilion Court.

A 16-year-old, of Batavia, was arrested for unlawfully dealing with a child, 1st degree, and prohibited sale of alcohol to a person under 21. The youth was issued appearance tickets returnable to the Village of Corfu Court.

Barbara Nehl, 73, of Corfu, was arrested for unlawfully dealing with a child, 1st degree, and prohibited sale of alcohol to a person under 21. Nehl was issued appearance tickets returnable to the Village of Corfu Court.

The following establishments were checked and properly complied with the law, denying sales to an underage buyer:

-Elba Yellow Goose, South Main Street, Elba
-Arrow Mart, Byron Holley Road, Byron
-7 Eleven, Buffalo Road, Bergen
-Bergen Country Store, Clinton Street Road, Bergen
-490 Truck Stop, Lake Road, Bergen
-Mill St Wines & Liquors, Mill St., Le Roy
-The Original Woody's Deli, North Street, Le Roy
-Pavilion Yellow Goose, Telephone Road, Pavilion
-Alexander Country Store, Main Street, Alexander
-Triple C Truck & Gas, Broadway, Darien
-West Main Mini Mart, West Main Street Road, Batavia
-Arrow Mart, Clinton Street Road, Batavia

Grand Jury: Man accused of selling cocaine in the Town of Batavia

By Billie Owens

Antoine T. Clark (AKA "Mike") is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 29 in the Town of Batavia that Clark knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, Clark is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony. It is alleged that on June 29 in the Town of Batavia that the defendant knowingly and unlawfully sold a narcotic drug, cocaine.

Law and Order: Trio of arrests -- for shoplifting, petit larceny

By Billie Owens
Rosemary Waters, 30, of Batavia, was arrested on Monday (Dec. 26) by SP Batavia Troopers and charged with third-degree burglary following a shoplifting complaint at Walmart. After being taken into custody for allegedly shoplifting, it was discovered that a previous shoplifting arrest had left Waters prohibited from entering Walmart property. Waters was processed, arraigned and put in Genesee County Jail in lieu of $2,500 bail.
 
James Jayhaij Spivey, 18, of Holland Avenue, Batavia, is charged with petit larceny. He was arrested at 8:23 p.m. on Dec. 6 at a store on Veterans Memorial Drive following an investigation into a shoptlifting incident. Spivey allegedly stole merchandise from a local department store and was issued an appearance ticket returnable to Town of Batavia Court on Jan. 5. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Michael Lute.
 
A 17-year-old youth who lives on Holland Avenue in Batavia was arrested Dec. 27 on a warrant issued because the youth allegedly failed to appear in Town of Batavia Court as ordered. The warrant stems from a petit larceny charge issued at 1 p.m. on Dec. 19 on West Main Street in Batavia. The youth was jailed on $250 bail or $1,000 bond and is scheduled to appear in Batavia Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Andrew Hale.

Person of interest in shooting on Jackson Street not yet located

By Howard B. Owens

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Police have yet to locate Jeremy "Boog" Armstrong, a person of interest in a shooting that occurred Dec. 2 in the area of 107 Jackson St., Batavia.

Investigators have been attempting to locate Armstrong since the shooting, which sent a man to the hospital reportedly with a chest and shoulder wound.  

Det. Todd Crossett said this morning that Armstrong's whereabouts are still unknown and there is no new information available in the case.

Armstrong is described as a light-skinned male black about 5’10”- 6’ with a thin build. He has a deformity to his right ear and also to one of his hands.

Police say, if seen, do not confront Armstrong, but call 9-1-1 immediately. Information can also be supplied to Batavia PD through the confidential tip line at 345-6370, or Det. Sgt. Crossett at 345-6353.

Also, regarding the Key Bank robbery two days ago, Crossett said police have received hundreds of tips and are currently working through the leads.

Grand Jury: Man indicted for allegedly possessing counterfeit bills

By Billie Owens

Christopher T. Walker Jr. is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 4 in the Town of Darien that Walker -- with knowledge that it was forged and with intent to defraud, deceive or injure another -- possessed a forged instrument, a counterfeit $20 dollar bill. In counts two through 10, Walker is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on the same date he possessed nine more counterfeit $20 dollar bills (a total of 10).

Chase J. Francis-Whipset is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 4 in the Town of Le Roy the defendant knowlingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, the defendant is accused of the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on the same date he knowingly and unlawfully possessed a controlled substance, cocaine, which weighed 500 milligrams or more. In count three, Francis-Whipset is indicted for the crime of aggravated unlicensed operation in the second degree, an unclassified misdemeanor, for allegedly operating a motor vehicle in the Town of Le Roy while knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities and at the time of operation he had in effect three or more suspension imposed on at least three separate dates for failure to answer, appear or pay a fine.

Photo of this morning's bank robbery suspect released

By Howard B. Owens

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Police are looking for information on this man as a person of interest in the robbery this morning of the Key Bank branch in Batavia.

Press release:

The Batavia Police Department is investigation a robbery at the Key Bank Branch at 69 Main Street in the City of Batavia.  This suspect is a male white 5’5”-5’9”.  A note was passed to the teller demanding cash. No weapons were displayed or threatened. The suspect was last seen running west from the rear of the bank. Anyone with information is asked to contact Det Sgt Crossett at 585-345-6353 or the City of Batavia confidential tip line at 585-345-6370.

Law and Order: Pembroke man arrested after allegedly striking driver in the face during road-rage incident

By Billie Owens

Daniel John Kearney, 57, of Genesee Street, Pembroke, is charged with second-degree harassment and reckless driving. At 8:25 p.m. on Dec. 23, following an investigation of a road-rage incident, it is alleged that Kearney struck another driver in the face and cut off the other driver while on Pearl Street Road, Batavia. He was arrested and arraigned in Town of Batavia Court and released on his own recognizance. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Thomas Sanfratello.

Sergio Ivan Santana-Santana, 35, of State Street, Batavia, is charged with: operating a motor vehicle with a BAC over .08 -- a felony; driving while intoxicated, felony; first-degree aggravated unlicensed operation; and unlicensed driver. At 5:32 p.m. on Dec. 24, the Emergency Dispatch Center received a call about subjects fighting in the area of routes 33 and 237 in the Town of Stafford. Investigation at the scene allegedly revealed that the defendant was driving with a revoked license and while intoxicated. He was arraigned in Stafford Town Court and jailed on $2,500 bail or $5,000 bond, with a return court date of Jan. 12. The case was handled by Sheriff's Deputy Cassidy Longhini, assisted by Deputy Kevin McCarthy.

Daniel J. Eastridge, 21, of Hutchins Street, Batavia, is charged with: passing a solid red light; failure to stop at stop sign (two counts); driving the wrong direction on a one-way street; DWI; and aggravated DWI -- BAC of .18 percent or higher. He was also cited for having insufficient tail lamps and failure to use a turn signal. The charges were issued following a traffic stop at 2:21 a.m. on Dec. 24 on Denio Street in Batavia after Eastridge was allegedly observed failing to yield for a steady red signal. He was determined to have been operating the vehicle while allegedly intoxicated. He is due in City Court on Jan. 10. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Lindsay.

Judy A. Stiles, 58, of Sheppard Road, Pavilion, is charged with: operating a motor vehicle without headlights; following too closely; DWI; and aggravated DWI -- having a BAC of .18 percent or higher. The charges stem from a motor-vehicle accident that occured at 7:24 p.m. on Dec. 16 on West Main Street in Batavia. It is alleged that Stiles struck another vehicle that was stopped for a red light. During the investigation, it was allegedly determined that Stiles had been operating her vehicle while intoxicated. She was issued an appearance ticket for City Court on Jan. 3. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Nicole Salamone.

James A. Hough, 43, of Harvester Avenue, Batavia, is charged with: DWI -- with a previous conviction within the last 10 years; refusal to take a breath test; and moving from lane unsafely. At 9:47 p.m. on Dec. 17, Batavia PD was dispatched to Richmond Avenue for a motor-vehicle accident. After investigation, Hough was allegedly found to have been operating the vehicle while intoxicated and he was arrested. He was due back in City Court on Dec. 20. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Officer Mitchell Cowen.

Joseph Tucker, no age provided, of Salem Road, Rochester, was involved in a one-vehicle accident on Route 33 in the Town of Byron at around 11:25 p.m. on Dec. 17. According to the Sheriff's Office statement, the vehicle drvien by Tucker was traveling at an unsafe speed for the icy weather conditions. Tucker lost control of the vehicle and drove off the southeast shoulder of the roadway and struck a tree. Three of the six occupants were transported to Rochester General Hospital and treated for non-life-threatening injuries.

Jamie L. Broadbent, 33, of Thorpe Street, Batavia, is charged with: resisting arrest; petit larceny; fourth-degree criminal mischief; and third-degree criminal tampering. At 10:30 p.m. on Dec. 17, Batavia PD responded to the Dollar General store on East Main Street for the report of a female concealing items. Police confronted Broadbent after she passed the point of sale and at that time she allegedly resisted arrest. She was subsequently taken into custody, arraigned in City Court and jailed on $3,000 bail. She was due back in court on Dec. 19. The case was handled by Batavia Police Officer Arick Perkins, assisted by Sgt. Dan Coffey.

Noel M. Wentworth, 47, of Pringle Avenue, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. Wentworth was arrested at 10:01 a.m. on Dec. 5 at Batavia City Centre and issued an appearance ticket. A small quantity of crack cocaine was allegedly found inside Wentworth's wallet. Wentworth is due in City Court on Jan. 10. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Jason Davis.

James J. Preedom, 32, of Walnut Street, Batavia, is charged with unnecessary noise. He was arrested at 2:22 a.m. on Dec. 21 on Walnut Street following several noise complaints and warnings. He was issued an appearance ticket returnable to City Court on Jan. 3. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Peter Flanagan.

Robbery reported at Key Bank location in Batavia

By Howard B. Owens

A robbery has been reported at the Key Bank location at 69 Main St., next to City Slickers Bar & Grill in Batavia.

UPDATE(S) (By Billie) 10:58 a.m.: The suspect is still at large and fled the bank on foot. The suspect is a white male, about 5' 5" tall and has no facial hair. He was wearing a gray hoodie and camouflage-print pants, and possibly a blue and white shirt. No weapon was displayed.

UPDATE 11:24 a.m.: Batavia Police Detective Sgt. Todd Crossett said the suspect is described is 5' 6" tall and that he wore camo pants, a blue coat over a gray hoodie and had on a black knit hat. Crossett said he approached the teller and demanded money and fled with an undetermined amount of cash. He left westbound toward the DMV, at that point "we don't know if he got into a car or continued on foot." If anyone in the area saw a man fitting the description who was running or "moving at a very fast pace," Crossett asks that you call him at 345-6353, the police confidential tip line at 345-6370, or 9-1-1. The robbery occurred at 10:18 a.m. and a few customers were inside the bank. Police will be contacting downtown businesses with security cameras and reviewing bank camera footage and they expect to release a photo or photos of the suspect later.

UPDATE 1:26 p.m.: Photo of suspect released.

Law and Order: Florida resident allegedly stole cologne from Kohl's

By Howard B. Owens

Thomas Eugene Nudo Jr., 37, of Edgemont Circle, Panama, Fla., is charged with petit larceny and criminal mischief, 4th. Nudo allegedly stole cologne from Kohl's Department Store. He also is accused of damaging the packaging. He was jailed on $500 bail.

Brian David Draper, 27, of West Main Street, Batavia, is charged with sex offender failure to register Internet account. 

Jamall George Mikel O'Neil, 19, of Trumbull Parkway, Batavia, is charged with unlawful possession of marijuana. O'Neil was stopped for an alleged traffic violation in the City of Batavia by Deputy Kevin McCarthy.

Randall Arthur Bennett, 70, of Bennett Avenue, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Bennett was arrested following a report of a driving complaint in the Village of Oakfield at 9:02 p.m., Monday. He was stopped on Bennett Avenue by Deputy Matthew Clor.

Peter Robert Brounscheidei, 23, of Henskee Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, speeding, failure to stop and moving from lane unsafely. Brounscheidei was stopped at 3:18 a.m. Monday on Route 77, Alabama, by Deputy Ryan Young.

Alexander man facing multiple drug dealing charges

By Howard B. Owens
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    Michael Schulz

An Alexander man is facing numerous drug dealing charges after being arrested on a sealed indictment, obtained following an investigation by the Local Drug Task Force.

Michael C. Schulz, 34, of Buffalo Street, allegedly sold cocaine to an agent working for the task force.

He was arrested after being observed driving on North Lyon Street by members of the task force and Deputy Lonnie Nati.

Schulz allegedly committed several traffic violations and was found driving on a suspended driver's license.

He is charged with six counts of criminal possession of a controlled substance, 3rd, and four counts of criminal sale of a controlled substance, 3rd.

At the time of his arrest, he was allegedly found in possession of cocaine.

The discovery led to two more counts of criminal possession of a controlled substance, 3rd.

Schulz was jailed pending arraignment in County Court.

The Orleans County Major Felony Unit assisted in the investigation along with the Genesee County District Attorney's Office.

Mexican citizen arrested in Elba admits to illegal re-entry to the U.S. after deportation

By Howard B. Owens

A Mexican citizen barred from ever entering the United States again after serving a prison term on a rape conviction has pled guilty to re-entry after deportation in federal court.

Jose Maria Agustin, 43, arrested in Elba a year ago following a raid of a property by the Sheriff's Office and Homeland Security, faces a possible sentence of 20 years in prison and a $250,000 fine.

In 2009, Agustin was convicted in California of forcible rape and assault with a deadly weapon. After serving a five-year prison term he was deported. 

Agustin was located in Elba following an investigation by Immigration and Customs Enforcement and the Sheriff's Office. He was arrested locally on a charge of sex offender failing to report a new address. He had not registered in New York and was working in the United States without authorization.

Batavia man accused of selling heroin to task force agent

By Howard B. Owens
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     Victor Guy

A 30-year-old Batavia resident has been arrested on a warrant for allegedly selling drugs to an agent of the Local Drug Task Force.

Victor D. "Grimes" Guy, of Pearl Street, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

It's alleged that Guy sold heroin to an undercover agent on two separate occasions.

He was picked up on the warrant after being arrested by Batavia PD on Saturday on an unrelated incident and then turned over to the task force on the warrant.

He was arraigned in County Court yesterday and jailed on $25,000 bail or $50,000 bond.

Guy was arrested this week by Batavia PD on charges of criminal possession of a controlled substance, 7th, obstructing governmental administration and DWAI drugs.

In 2012, Guy was accused of dealing crack cocaine. Information is not immediately available on the resolution of that case, but the Department of Correction's website indicates Guy has never served a prison term.

Mother accused of leaving twins home alone before fatal fire hires new attorney

By Howard B. Owens

The former Batavia resident who is accused of leaving her twin sons home alone one night in May before they died in a fire has hired a new criminal defense attorney.

Benjamin Bonarigo Sr. is now representing Heather Ace.

Ace is charged with two counts of endangering the welfare of a child.

The 25-year-old Stafford resident appeared in Batavia Town Court yesterday with her new attorney, who replaces Public Defender Jerry Ader.

No other actions were taken on her case and she is scheduled back in court in January.

She has pled not guilty to the charges.

According to court documents, Ace went out the night of May 26 after putting her kids to bed at 8 or 8:30 p.m. behind a door locked on the outside. She intended to go to the movies, according to statements, but instead went to a friend's house, smoked some marijuana and then went to a store and bought an alcoholic beverage called Four Loko. She then went to another friend's house and hung out.

Her mother called her to tell her her house was on fire. Ace was reportedly distraught and rushed to the house.

Micah and Michael Gard, both 2, succumbed to smoke inhalation, according to reports.

(Our news partner WBTA contributed to this report.)

Psychiatric exams confirm Kyle Johnson has mental disorder, a danger to society

By Howard B. Owens
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      Kyle Johnson

After completing mental health evaluations, two doctors have found that Kyle G. Johson, who killed a neighbor and then set his own house afire on Selden Road in Le Roy on Dec. 1, 2015, is a present danger to himself or others because of a psychological disease or disorder.

Based on the medical reports, Interim Judge Micheal Pietruszka this morning confirmed the finding and ruled that Johnson has a dangerous disturbance of his behavior, thinking, feeling or judgment.

In August, Johnson was confined to the mental hospital in Rochester and ordered to undergo care, counseling and rehabilitation. This morning, Pietruszka confirmed the sentence and ordered him held until he is found to no longer be a danger or mentally disturbed, if indeed he is ever deemed mentally healthy again.

The morning of Dec. 1, 2015, Johnson walked to a neighbor's house, entered through an unlocked door and went into the bedroom of Norman Ball and shot him in the head while he slept.

Johnson then returned to his residence and set it on fire. 

When firefighters and a police officer arrived at the fire, Johnson tried to shoot them.

After a several-hour stand-off that involved emergency response teams from Genesee and Monroe counties as well as law enforcement officers from the Sheriff's Office, Batavia PD, Le Roy PD and Monroe County, Johnson was taken into custody without any further violence.

For prior coverage about Kyle Johnson, click here.

Law and Order: Batavia man accused of menacing a police officer

By Howard B. Owens

Kevin G. Viehdeffer, 56, of East Main Street, Batavia, is charged with menacing a police officer. Viehdeffer allegedly brandished a knife toward a police officer during an investigation into an incident involving Viehdeffer at 11:23 p.m., Friday. He was ordered held without bail.

Victor D. Guy, 30, Pearl Street, Batavia, is charged with criminal possession of a controlled substance, 7th, obstructing governmental administration, DWAI drugs, failure to yield right of way on left turn and aggravated unlicensed operation, 3rd. Guy was stopped for an alleged traffic violation at 12:59 a.m. Saturday on Liberty Street, Batavia, by Officer Christopher Lindsay. Guy was allegedly found in possession of crack cocaine and heroin. He was turned over to the Sheriff's Office on a warrant.

James Robert Pursel, 51, of Jackson Street, Batavia, is charged with assault, 3rd. Pursel allegedly struck another person with a framing nailer during a verbal argument. The incident was reported at 2:04 p.m., Thursday, at 4140 Veterans Memorial Drive, the location of Peebles Department Store. Pursel was arraigned in Batavia Town Court and released on his own recognizance.

Rosemary Waters, 30, of Liberty Street, Batavia, is charged with petit larceny. Waters allegedly stole four packages of eyeliner from a West Main Street business.

Melissa J. Stratheam, 32, of Dellinger Avenue, was arrested on a warrant for alleged failure to appear. Stratheam posted $300 cash police bail and was released.

Joey A. Evans, 26, of Hutchins Street, Batavia, is charged with possession of a hypodermic instrument and unlawful possession of marijuana. Evans was arrested following an investigation into a reported disturbance on Ellicott Street at 1:58 p.m., Wednesday. Evans was held on $5,000 bail or $10,000 bond.

Gregory F. Frieday, 32, of Osterhout Avenue, Batavia, is accused of criminal mischief, 3rd. Frieday was ordered held without bail.

Danny D. Williams, 28, of Pearl Street, Batavia, is charged with grand larceny, 4th. Williams was arrested following an investigation into a report of a stolen vehicle on Washington Avenue at 11 p.m., March 18. He was jailed on $7,500 bail.

Holden W. Byer, 25, of West Main Street, Batavia, was arrested on a warrant. Byer was arrested by Warsaw PD and turned over to Batavia PD on two bench warrants for alleged failure to comply with terms of his release under supervision of Genesee Justice. He was jailed on $5,000 bail.

Andrei P. Sliker, 25, of Hutchins Street, Batavia, is charged with criminal possession of a hypodermic instrument. Sliker was charged when allegedly found in possession of a needle during an investigation into an unrelated incident at 9:15 p.m., Dec. 13.

James Marion Spangler, 40, of Pringle Avenue, Batavia, is charged with strangulation, 2nd, assault, 3rd, criminal mischief, 4th, and criminal mischief, 3rd. Spangler was allegedly involved in a physical domestic at 11:55 p.m., Dec. 15, at a location on Pringle Avenue, Batavia.

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