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Law and Order: Man who lives on Wolcott Street, Le Roy, arrested again on domestic violence charge

By Billie Owens
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       Darik Orbaker

Darik R. Orbaker, 23, of 71 Wolcott St., Le Roy, (pictured right) was arrested April 20 by the Le Roy Police Department and charged with one count of aggravated family offense, a Class E felony, based on a domestic complaint. It is alleged that during the domestic disturbance, Orbaker damaged property and obstructed the breathing or blood circulation of a family member and has been previously convicted of one or more “specified offenses” against this or other family members within the previous five years. Orbaker was arraigned in the Town of Le Roy Court and put in Genesee County Jail in lieu of bail. 

Trevor S. Rarick, 21, was arrested on May 8 by Troopers and charged with: unlawful possession of marijuana; driving while intoxicated; refusal of breath screening test; failure to comply with a lawful order of a police officer; and failure to stop at a stop sign. Rarick failed to stop at a stop sign in front of the Trooper at the intersection of Clinton Street and Clinton Park in the City of Batavia. He was stopped on Wade Street and Troopers immediately detected the odor of an alcoholic beverage. Rarick consented to the field sobriety tests, which he subsequently failed. He refused to consent to a breath sample. A scale covered with marijuana residue, a smoking pipe with marijuana residue and approximately seven grams of marihuana were allegedly located inside his vehicle. Rarick was transported to SP Batavia barracks for processing and was arraigned in the Town of Batavia Court and released on his own recognizance. He is scheduled to appear in the City of Batavia Court at a later date.

Meghan L. Daniels, 28, of York, was arrested by Troopers on May 11 and charged with shoplifting and unlawful possession of marijuana. Daniels allegedly took a candy bar worth $1.45, passing all points of sale and attempted to exit the Walmart Store. Troopers detected the odor of marijuana emanating from Daniels. A baggie containing approximately 10 grams of marijuana and a marijhuana grinder containing marijuana residue was allegedly located. Daniels was transported to SP Batavia barracks for processing. She was issued an appearance ticket returnable to the Town of Batavia Court on May 19.

Jenna A. Kavanagh, 23, of Rochester, was arrested by Troopers on May 8 and charged with unlawful possession of marijuana. Troopers detected a strong smell of marijuana emitting from the vehicle when Kavanagh was stopped for speeding on State Route 262. More than three grams of marijuana in multiple plastic vials was allegedly found inside a glass container. Kavanagh was issued an appearance ticket returnable to the Town of Byron Court on May 16 and a uniform traffic ticket was issued for speeding.

Josiah D. Kirby, 22, of Kenmore, was arrested by Corfu Village Police Officer Michael Petritz for unlawful possession of marijuana after a traffic stop for speeding on Route 77. Officer Petritz detected a strong odor of burnt marijuana emanating from the vehicle. Kirby was allegedly found to be in possession of four marijuana cigarettes and a blue glass smoking pipe containing marijuana residue. Kirby was issued tickets and an appearance ticket returnable to the Village of Corfu on June 6.

Julio A. Bautista, 20, was arrested by Troopers on May 11 for trespass after he was warned on two separate occasions not to return to College Village by Security. Bautista was located in the parking lot of the property and was placed under arrest. He is scheduled to appear in the Town of Batavia Court on May 23.

Man arrested in Pavilion for allegedly causing a shoulder sprain and breaking victim's sunglasses

By Billie Owens

Daniel R. Ruffner, 30, was arrested in Pavilion on May 7 by Troopers and charged with misdemeanor assault, 3rd, and criminal mischief after he allegedly caused a shoulder sprain and broke a victim’s prescription sunglasses during a physical altercation at a residence on Telephone Road. Ruffner was processed at State Police barracks in Batavia and issued an appearance ticket returnable to the Town of Pavilion Court on May 24.

Bradley Hering, 23, was arrested in Alabama on May 7 by Troopers and charged with driving while intoxicated. Hering was located a short time after a call was dispatched reporting his vehicle was off the roadway on Bloomingdale Road in the Town of Alabama. He was administered the standard field sobriety tests which he allegedly failed. Troopers reported detecting the odor of an alcoholic beverage emitting from Hering. He was transported to State Police barracks in Batavia for processing which allegedly revealed a BAC of .14 percent. He was issued a uniform traffic ticket returnable to the Town of Alabama Court on May 24.

Bobby Gary Mullen, 39, of Oak Street, Warsaw, is charged with failure to pay fine/restitution/surcharge. He was arrested on a bench warrant out of Genesee County Court for allegedly failing to pay a fine stemming from an incident July 8. He was turned over to the Genesee County Sheriff's Office by Wyoming County Sheriff's Department after a traffic stop in Warsaw at 11 a.m. on May 10. He was released after his arraignment. The case was handled by Sheriff's Deputy Rachel Diehl.

Batavia PD announces results of April 21 neighborhood enforcement detail

By Howard B. Owens

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Press release:

On April 21, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department and City of Batavia Police Department), Genesee County Probation officers and uniformed members of the Genesee County Sheriff's Office conducted a N.E.T. (Neighborhood Enforcement Team) detail in the City of Batavia.

The detail focused on quality-of-life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods. The following arrests were made;

  • Ashli Zajaczkowski, 25, of Walnut Street, Batavia, was charged with unlawful possession of marijuana;
  • Mariah Hagen, 20, of Pratt Road, Batavia, was charged with unlawful possession of marijuana;
  • Thomas Hill, 26, of Fayette Street, Brockport, was charged with two counts of criminal possession of a controlled substance 3rd degree (Class B felony), criminally using drug paraphrenalia 2nd degree (Class A misdemeanor) and unlawful possession of marijuana;
  • David Riley Jr., 33, of Eugene Street, Batavia, was arrested on an indictment warrant charging two counts of criminal sale of a controlled substance 3rd degree (Class B felony) and two counts of criminal possession of a controlled substance 3rd degree (Class B felony);
  • Lance Mercado, 25, of Holland Avenue, Batavia, was arrested on an indictment warrant charging two counts of criminal sale of a controlled substance 5th degree (Class D felony) and two counts of criminal possession of a controlled substance 5th degree (Class D felony);
  • James Mitchell, 37, of Jackson Street, Batavia, was arrested on a bench warrant out of the City of Batavia Court for failure to pay fine;
  • Liin-Noshujuan Gard, 25, of Batavia, was arrested on a Livingston County warrant.

All subjects are to appear in City Court/County Court for further proceedings at various dates and times.

Photo: By Howard Owens, taken the night of April 21 on Jackson Street.

Man accused of rape pleads guilty to assault, expects five years in prison

By Howard B. Owens
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     Jason Armstrong

A Batavia man who was originally charged with rape for his attack on a woman on South Main Street, Batavia, has chosen a plea deal over the uncertainty of a trial, entering a guilty plea this morning in Genesee County Court to one count of assault in the second degree.

The plea comes with an agreed upon sentence of five years in state prison for Jason Armstrong Sr.

District Attorney Lawrence Friedman said after the plea that deals like this often benefit both the prosecution and the defense. For the prosecution, jury trials can be unpredictable, no matter how certain you are of the case against the defendant. For the defendant, the plea means a shorter jail term than would be the likely result if found guilty at trial of all charges.

"We can never predict what the outcome of a jury trial is going to be and both sides believe they receive some benefit from this," Friedman said.

Armstrong remains free on $100,000 or $200,000 bond.

Sentencing is set for 9:45 a.m., July 6.

Armstrong was indicted in January and accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Armstrong was also indicted on counts of assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address as the alleged rape.

On or about Dec. 22, Armstrong allegedly tried to strangle another person, leading to a charge of second-degree strangulation. That incident also led to a charge of assault, 2nd.

The plea satisfies all criminal charges against him.

News partner WBTA contributed to this story.

Law and Order: Bergen teen charged with five counts of sexual misconduct for allegedly having intercourse without consent

By Billie Owens

Dakota Scott Pocock, 19, of Townline Road, Bergen, is charged with five counts of sexual misconduct following an investigation in the Village of Oakfield. The defendant allegedly had sexual intercourse with the victim without consent five times between August and December. He was issued an appearance ticket for Oakfield Town Court at 5 p.m. on May 16. The investigation was conducted by Sheriff's Deputy Kevin Forsyth and Investigator Bradley Mazur.

Duty E. Caswell, 24, of Hutchins Place, Batavia, was arrested for having a vicious dog. The arrest stems from an incident on March 7 wherein his dog, according to police, attacked two people and another dog. Caswell was issued an appearance ticket and released and is scheduled to appear in Batavia City Court at 10:30 a.m. on May 13. The case was investigated by Batavia Police Officer Stephen Cronmiller.

Devon Schulman, 20, of Liberty Street, Batavia, is charged with second-degree menacing and criminal possession of a weapon, 3rd. It is alleged that at 6:52 p.m. on May 5 Schulman displayed a knife to a subject at an apartment on Liberty Street and made comments that led the victim to believe Schulman intended to use the knife against the victim. Schulman was jailed without bail and was to be in City Court on May 6. The case was investigated by Batavia Police Officer Mitchell Cowen, assisted by Chad Richards.

Shawn C. Smith, 35, of East Main Street, Batavia, is charged with driving while intoxicated, aggravated unlicensed operation, first, and speeding. Smith was arrested at 6:24 p.m. on April 30 following a traffic stop on East Main Street, Batavia, and following arraignment was jailed without bail. He was to be in court May 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Dan Coffey.

Shane Michael Green, 28, of Trapping Brook Road, Wellsville, is charged with driving while ability impaired by drugs and moving from lane unsafely. At 7:36 a.m. on May 6, Green was arrested on Batavia-Stafford Townline Road, Stafford, for allegedly driving while the ability to do so was impaired by drugs. The arrest was the result of a complaint for erratic operation of a motor vehicle. Green is to be in Town of Stafford Court on June 6. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Christopher Parker.

Ryan James Sundown, 35, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. He allegedly violated a complete stay away order of protection at 6 p.m. on April 25 on Council House Road. He was arraigned on the charged on May 5 in Alabama Town Court. The case was handled by Sheriff's Deputyt Kevin McCarthy, assisted by Deputy Kyle Krzemien.

A 17-year-old female who lives in Batavia was arrested at 4:06 p.m. on May 2 and charged with fourth-degree criminal mischief. She allegedly broke a window during an argument. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Arick Perkins.

Jany Girwath Jock, 20, of Batavia Stafford Townline Road, Batavia, is charged with identity theft, 3rd. The defendant was arrested following the investigation into the unlawful use of a credit card at 10:30 p.m. on May 3. Jock was issued an appearance ticket returnable to Batavia City Court at a later date. The case was handled by Sheriff's Deputy Ryan DeLong.

Mary Finnegan, 68, of Lake Street, Le Roy, was arrested on May 7 and charged with one count of criminal trespass in the second degree, a Class A misdemeanor. Le Roy Village Police Department responded to a local apartment house after receiving a complaint of a subject on the property trespassing. Upon arrival Finnegan was allegedly located on the property after she had previously been advised she was no longer allowed on the property. Finnegan was taken into custody and charged accordingly. Finnegan is to appear in the Le Roy Town Court on May 19 to answer to the charge.

Batavia family requests help in locating stolen tractor mower

By Howard B. Owens

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The Johnsons, residents of Naramore Drive, Batavia, have reported to police the theft of their riding mower that looks like this one, a John Deere D100.

The mower was taken off its trailer and removed from a storage shed.

Those who have information to share should contact Batavia PD.

Timing of alleged crime protects robbery suspect from sentencing enhancement as second felony offender

By Howard B. Owens

A 21-year-old Batavia man was ordered held on $50,000 bail today during his arraignment on charges stemming from an alleged robbery in January, just eight days before he was scheduled to be sentenced on an assault conviction.

The timing of the crime and the fact he was not yet identified as the suspect means that if he's convicted on the 12-count Grand Jury indictment, he can't be sentenced as a second felony offender, nor does the robbery constitute a violation of probation since he wasn't on probation yet.

Terrence D. Johnson is facing a possible violation charge, but not because of the alleged robbery.

Johnson was indicted on one count of robbery and 11 counts of grand larceny, 4th.  

Each of the eleven grand larceny counts stems from each of the credit or debit cards carried by the victim.

The robbery occurred in the area of 2 School St., Downtown Batavia.

Beyond the usual not-guilty plea, Johnson's attorney, Public Defender Jerry Ader, said there is some question as to whether Johnson was even in the area of School Street at the time the robbery was reported.

After court, District Attorney Lawrence Friedman, in answer to a question, said there is physical evidence linking Johnson to the crime.

Before the hearing, members of Johnson's family reached out to local media and said they would like to talk about Johnson, saying, "this is not who he really is," but after the hearing, Ader said he advised them not to grant interviews.

In November, Johnson entered a guilty plea to a gang assault charge for being part of a three-person assault on a person on Holland Avenue over the summer and was sentenced in January to six months in jail and five years probation.

The timing of the conviction, the second alleged crime without him being identified as a suspect, followed by his sentencing, means the original sentence stands and he can't be sentenced as a second felony offender. If he were considered a second felony offender, then the minimum range of a possible prison term would be longer. Either way, the maximum possible sentence is 25 years.

A violation of probation charge has not been brought against Johnson yet, but he allegedly left the county and violated curfew while on probation.

'Duke' back home safe after ride in van reported stolen

By Howard B. Owens

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    Jeffrey Johnson

A 28-year-old Oakfield resident, Jeffrey Johnson, is charged with criminal possession of stolen property, 3rd, in connection with the alleged theft earlier this week of a van from a residence on Ellicott Street, Batavia.

The incredible part of the story is that the owner's dog, Duke, was in the Toyota Sienna, and after the vehicle was recovered in Rochester, Duke was returned to Betty and John O'Brien.

"Our fear was something happened to the dog, because Duke is a very gentle dog," Betty Carlet Cleare, a reporter with our news partner 13WHAM. "He could have sold him, he could have beaten him, and he could have done any number of things to him. The gods were with us this week."

Duke is apparently so gentle that he did not make a sound when the van was taken.

"He didn't say a peep," Betty said, "which we're thankful of, because that's why I think he survived."

Batavia man accused of first-degree rape of 5-year-old child

By Billie Owens

A Batavia man is in Orleans County Jail charged with first-degree rape of a victim under age 11 -- in this case a 5-year-old child.

Nicholas L. McKague, 24, of West Main Street Road, was arrested April 18. He is also charged by Orleans Sheriff's Investigator K. Strickland with endangering the welfare of a child.

The charges, announced May 4, followed a two-month investigation conducted by the Orleans County Sheriff’s Office related to an incident that allegedly occurred in the Town of Clarendon in 2011.

McKague was arraigned by Town of Clarendon Justice DiFante. McKague was put in the custody of the Sheriff and transported to the Orleans County Jail in lieu of $2,500 cash or $5,000 bond. McKague is scheduled to appear in the Town of Clarendon Court at 6:30 p.m. on May 9.

Additional charges are forthcoming as the Investigation continues. The Orleans County Sheriff’s Office was assisted by Justice for Children Advocacy Center, Orleans County Child Protective Services and the Batavia Police Department.

Law and Order: Le Roy man who lives on Clay Street arrested for DWI

By Billie Owens

Brian E. Bisig, 57, of 25 Clay St., Le Roy, is charged with DWI following a report of a vehicle which had been involved in an accident and had left the scene on Summit Street Road. Bisig was allegedly involved in a motor-vehicle accident at about 6:15 p.m. on Wednesday, May 4, which was observed by a concerned citizen. The citizen was able to provide a description of the vehicle to police and followed the involved vehicle to a residence located on Clay Street in Le Roy. After a brief investigation, Bisig was found to be allegedly intoxicated and was charged. In addition to the DWI charge, Bisig was also charged with DWI with a BAC of .08 percent or more. Bisig was also issued a summons by a member of the State Police regarding the accident occurring in the Town of Le Roy. Bisig will answer the charges at a later date in the Town of Le Roy Court.

Christopher M. Smith, 21, was arrested May 1 for petit larceny after he allegedly stole 15 packs of Pokemon cards valued at $63 and exited a local store, passing all points of sale; Smith attempted to hide the merchandise underneath a vehicle in the parking lot. He was transported to State Police barracks in Batavia for processing and issued an appearance ticket returnable to the Town of Batavia Court on May 9.

Dawn Viehdeffer, 57 was arrested May 2 for petit larceny from Walmart after taking miscellaneous items totaling more than $45. Viehdeffer was allegedly observed placing items in her purse as she shopped but failed to remove the concealed items upon checkout; Viehdeffer did not scan the items and proceeded to exit the store, passing all points of sale. She was transported to State Police barracks in Batavia for processing and issued an appearance ticket returnable to the Town of Batavia Court on May 17.

Batavia man indicted on 12 counts for allegedly robbing employee of downtown salon

By Billie Owens

Terrence D. Johnson

A Batavia man was arrested Tuesday, May 3, after being indicted by a Grand Jury on a charge of first-degree robbery and 11 counts of fourth-degree grand larceny.

Terrence D. Johnson, 21, allegedly robbed an employee of the Bahama Bay Salon at 2 School St., Batavia, in January. He is in jail without bail.

He is to appear in Genesee County Court this Friday. The case was investigated by Batavia Police Det. Kevin Czora.

Law and Order: Homeless man arrested in Le Roy after allegedly climbing through second-story window at 3 a.m.

By Billie Owens

Kenneth Michael Gray Jr., 24, no permanent address, is charged with second-degree criminal trespass. He was arrested on May 3 after he allegedly entered a second-story window at 3:05 a.m. on Lake Street Road, Le Roy. Gray is in jail on $10,000 bail. The case was handled by Sheriff's Deputy Ryan Young, assisted by Deputy John Baiocco.

Justin Allan Putney, 25, of Borden Avenue, Perry, is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, and speeding. He was stopped at 12:16 a.m. today for speeding on East Main Street Road in Batavia and was allegedly found to be intoxicated. He is to appear in Town of Batavia Court on May 16. The case was handled by Sheriff's Deputy John Baiocco, assisted by Deputy Ryan Young.

Law and Order: School Street man arrested for trespassing, Buffalo woman charged with speeding and possessing pot in Corfu

By Billie Owens

Christopher Michael Smith, 21, of School Street, Batavia, is charged with trespass. He was arrested at 12:23 a.m. this morning for allegedly trespassing at a department store on Veterans Memorial Drive after being told not to return. He is to appear in Batavia Town Court on May 16.

Marlicia L. Johnson, 29, of Buffalo, was arrested May 3 for unlawful possession of marijuana after a traffic stop on Route 77 at Water Street for allegedly speeding. During the traffic stop, the officer detected a strong odor of burnt marijuana emanating from the vehicle. Johnson was allegedly found to be in possession of three marijuana cigarettes. Johnson was issued tickets and an appearance ticket returnable to the Village of Corfu on June 6. The case was handled by Corfu Police Officer Michael Petritz.

Next step in Johnson murder case delayed until next week

By Howard B. Owens

There was no forward movement in the murder case of Kyle Johnson today because the psychiatrist preparing a report on Johnson was unable to review a DVD provided by the defense on his computer.

Public Defender Jerry Ader expected the psychiatric exam report by today that might shed light on whether Johnson suffers from a mental defect or impairment.

The 53-year-old Johnson is accused of killing Norman D. "Don" Ball, of setting his own house on fire, and of attempting to kill a police officer and firefighter on Selden Road, Le Roy, on Dec. 1.

In order to assist the psychiatrist in viewing the DVD, Ader's office provided him today with a computer capable of playing the DVD.

Ader hopes the report will be available within a week and so a court appearance for Johnson was set for 11:30 a.m., May 10.

At some point after the report is available, there will be a hearing on several issues related to the case. Whether that includes a hearing on Johnson's mental state will be determined by Ader, but District Attorney Lawrence Friedman said at a prior court appearance that he expects Ader will seek a hearing on several evidentiary issues, including a photo lineup used with a witness, oral statements made in connection with the case, a video interview, and numerous statements made to corrections officers in the Genesee County Jail.

In other court cases today:

  • The case of Jason A. Armstrong Sr., accused of rape, was adjourned until Thursday. Today was the scheduled plea cut-off date for Armstrong, but Judge Michael Pietruszka agreed to continue the case two more days following a private conference with the attorneys.  Armstrong has been offered a plea bargain that would require him to plead guilty to assault, 2nd, and receive a five-year prison sentence followed by five years on parole.
  • Sara A. Howard, who previously entered a guilty plea to grand larceny, was scheduled to be sentenced today, but she didn't show up for court. Pietruszka read a letter from GCASA indicating that Howard has allegedly failed to comply with GCASA's instructions. He issued a warrant for her arrest. Howard was arrested earlier this year for stealing a Sony PlayStation valued at $300 after gaining entry to a family member's home on Jan. 8. Howard and an alleged accomplice also gained entry to another family's home and stole a .50-caliber CVA muzzleloader and a 12-gauge Mossberg Maverick valued at $700. Prior to her guilty plea locally, Howard allegedly committed a crime in Wyoming County but wasn't arrested until later. Howard's arrest was announced April 8. She faces multiple drug sales charges in Wyoming County.

Police looking for black pickup truck involved in hit-and-run on Liberty Street

By Howard B. Owens

A hit-and-run accident is reported in the area of 232 Liberty St.

No injuries are reported.

The caller reports he was parked in his driveway when a black pickup truck driven by a female struck his vehicle.

He provided dispatchers with a partial plate.

The pickup is described as black in color, unknown direction of travel.

Police are responding.

Law and Order: Batavia man charged with burglary, possessing stolen property, petit larceny and criminal mischief

By Billie Owens

Kyle Robert Ratulowski (pictured right), 20, of Batavia, was arrested on April 27 and charged with second-degree burglary, a Class C felony. Troopers received a call of a burglary on Clinton Street in the Town of Batavia on that date. The investigation revealed that a fire safe was taken valued at $200 and that Ratulowski was a possible suspect. Ratulowski was located at a address in the City of Batavia. Ratulowski was arrested and transported to SP Batavia for processing. He was arraigned in the Town of Batavia Court and put in Genesee County Jail for $25,000 bail.

Kyle Robert Ratulowski, 20, of West Main Street Road, Batavia, was arrested at 9:45 p.m. on April 29 for allegedly being in possession of stolen electronics. He was charged with criminal possession of stolen property, 5th, and issued an appearance ticket for Town of Batavia Court on May 10. The goods were reported stolen at 2 p.m. on April 20 from a location of Veterans Memorial Drive, Batavia. At the same time and date of this arrest, Ratulowski was also charged with petit larceny of tools and personal items and for fourth-degree criminal mischief for allegedly damaging a vehicle. These charges stem from an incident at 10 p.m. on April 12 on Park Road in Batavia wherein items were stolen from an unlocked vehicle and the interior of the vehicle was damaged. He is to appear in Town of Batavia Court, also on May 10, to answer these charges. Both cases were handled by Sheriff's Deputy Eric Meyer.

Nicholas Benjamin Wall, 25, of Dodgeson Road, Alexander, is charged with reckless endangerment of property. He was charged following a large explosion on April 15. He allegedly shot a large amount of tannerite at 3465 Dodgeson Road, Alexander, which cause an explosion and shook houses throughout the county.

Rochelle V. Tomlin, 40, of Oak Street, Batavia, is charged with endangering the welfare of a minor and obligation of a parent or guardian. She was arrested at 2 p.m. on April 24 after allegedly allowing her 14-year-old son to violate the city's curfew. At the time the youth was in violation of the curfew, he was "out committing acts that would be considered crimes if performed by an adult," according to the police report. Tomlin is to be in City Court at 1 p.m. on May 10. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Foels.

Todd A. Reynolds, 45, of West Main Street, Batavia, is charged with second-degree harassment and obstructing governmental administration. He was arrested at 10:23 p.m. on May 1 following a domestic incident on West Main Street. He allegedly was kicking the victim during an altercation. He did not cooperate with police upon their arrival and became combative with them. He was put in jail, with bail (unspecified), and was to appear in City Court this afternoon. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Christopher Camp.

Michael E. Weichman, 21, of Bank Street, Batavia, and Alysha E. Weichman and Tyler L. Warner were arrested at 4 p.m. on April 28 and charged with fourth-degree grand larceny and fifth-degree conspiracy for allegedly stealing $1,376.97 worth of groceries from Tops Market in Batavia. They were issued appearance tickets and are to be in City Court on May 10. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jason Davis.

Jared Paul Schmidt, 20, of Silver Springs, is charged with disorderly conduct and open container of an alcoholic beverage in a motor vehicle. He was arrested at 1:35 p.m. on April 23 after he was allegedly observed hitting/striking his vehicle, which was parked roadside on Ellicott Street, and obstructing vehicular traffic. He was allegedly found to have an open bottle of beer in the center console of his vehicle. He was ordered to be in City Court on May 3. The case was handled by Batavia Police Officer Darryle Streeter.

Patricia A. Poole, 26, of Liberty Street, Batavia, is charged with violation of conditional discharge. She was located on Liberty Street at 4:05 p.m. on April 30 and arrested on a bench warrant issued for a disorderly conduct charge from November 2009. She was released and ordered to appear in Batavia City Court this afternoon. During the handling of this case, responding officers discovered that Poole had an active warrant from 2012. She was subsequently arrested and jailed in lieu of $500 bail. She is also to appear in City Court this afternoon on the 2012 warrant case. The cases were handled by Batavia Police Officer Felicia DeGroot and Officer Peter Flanagan.

James N. DiFalco, 19, of South Main Street, Batavia, is charged with criminal possession of stolen property. He was arrested after allegedly being found in possession of stolen game system and selling it to a game store for cash on April 20. He is to return to Batavia City Court on May 10. The case was handled by Batavia Police Officer Jamie Givens.

James R. Sweet, 54, of Walnut Street, Batavia, is charged with conducting an open burn. At 5:50 p.m. on April 28, Sweet was allegedly found to be burning debris in his yard on Walnut Street in violation of the city's municipal code. He is to appear in City Court on May 10. The case was handled by Batavia Police Officer Christopher Lindsay.

Latiqua S. Jackson, 22, of East Main Street, Batavia, is charged with petit larceny. She was arrested April 25 after allegedly stealing a Sony PlayStation 3 from a residence on Tracy Avenue on April 18. She is to be in City Court on May 3. The case was handled by Batavia Police Officer Arick Perkins.

Marquita Shanee Davis, 28, of Old Meadow Lane, Batavia, is charged with petit larceny. She was arrested at 3:25 p.m. on May 1 as a result of a shoplifting complaint. It is alleged that she stole $73.57 worth of merchandise from a location on Veterans Memorial Drive, Batavia. She was released with an appearance ticket for Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Richard Schildwaster.

Chante Dominique Davis, 30, of Old Meadow Lane, Batavia, is charged with petit larceny. She was arrested at 3:25 p.m. on May 1 as a result of a shoplifting complaint. It is alleged that she stole $73.57 worth of merchandise from a location on Veterans Memorial Drive, Batavia. She was released with an appearance ticket for Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Richard Schildwaster.

A 17-year-old from Pavilion is charged with petit larceny. The suspect was arrested April 30 in connection with a shoplifting incident wherein several articles of clothing were stolen from a local store. The youth was issued an appearance ticket for May 9 in Town of Batavia Court. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Richard Schildwaster.

Pierre A. Triplett Jr., 20, no permanent address, is charged with petit larceny. He was arrested following an investigation of shoplifting at Tops Market in Batavia at 10:46 a.m. on April 28. He is to be in City Court on May 3. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Marc Lawrence.

Brad L. Ohlson, 39, of Union Street, Batavia, was arrested on April 25 on a bench warrant issued out of Batavia City Court after his alleged failure to comply with the conditions of his release under supervision. He was held on bail and was to appear in City Court April 25. The case was handled by Batavia Police Officer Mitchell Cowen.

Mariah R. Hagen, 20, of Pratt Road, Batavia, is charged with unlawful possession of marijuana. She was arrested on the charge following a traffic stop at 9:24 p.m. on April 21 on State Street, Batavia. She is due in City Court on May 4. The case was handled by Batavia Police Officer Thad Mart, assisted by Officer Christopher Camp.

Police looking for SUV and driver involved in hit-and-run

By Howard B. Owens

City PD is looking for a gray or silver SUV, possibly a Chevrolet Tahoe or Suburban, involved in a hit and run accident.

The female victim, who may be pregnant, exited the vehicle and said the driver tried to hit her multiple times. 

The driver is described as a light-skinned male.

The victim was transported by Mercy EMS to UMMC for evaluation.

The incident occurred in the area of 15 Highland Park.

E-mailed bomb threat to Independent Living of Genesee Region prompts evacuation of downtown office

By Billie Owens

From our news partner WBTA:

A bomb threat was e-mailed this morning to Independent Living of Genesee Region, according to Rae Frank, director of the Batavia location at 113 Main St. downtown.

It is not clear, Frank said, whether the threat was intended for the Buffalo office or the Batavia office, or both, but as a precaution staff was told within the past hour to leave for the day and Batavia PD was alerted.

The person who made the threat allegedly has a history of complaints with the nonprofit agency.

Independent Living of Genesee Region (ILGR) is a multicultural, grassroots, peer-directed, civil rights organization that provides a full range of assistance, programs and services to enhance the quality of life for all individuals with disabilities. "ILGR assists persons with disabilities to realize their life choices through information and referral, independent living skills, community and systems advocacy and peer counseling."

It provides: adaptive aids/equipment, advocacy, benefits advisement, counseling/support groups, health insurance information, information & referral, library of disabilities, independent living skills instruction, community disability education.

UPDATE 11:29 a.m.: David Boyce, CEO of the building's owner Tompkins Insurance Co., said the agency's staff on the second floor was also evacuated as a precautionary measure. He said police indicated they do not believe there is an imminent threat.

UPDATE 11:41 a.m.: The "indirect threat" was made by an employee recently let go from the Buffalo office of Independent Living and the person has no known ties to Genesee County, said Batavia Police Officer Jason Davis. "We've checked the (Batavia) building and we've found nothing," Davis said. Adjacent businesses were notified of the situation and any decision to evacuate staff was their option. A bomb-sniffing dog from State Police Troop A is en route to go through the building and if nothing is found, officers will give the all clear.

UPDATE 11:59 p.m.: State Police and their bombing-sniffing dog just completed a sweep of the building and found nothing. The building is clear and police are clearing the scene.

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Law and Order: Bethany man charged with DWI with BAC greater than .08

By Billie Owens

Steven Robert Tanner, 43, of Batavia Bethany Townline Road, Bethany, is charged with DWI with a BAC greater than .08, and DWI. He was arrested at 4:47 p.m. on Thursday, April 28, after an investigation into a traffic offense complaint in the Town of Stafford. He was allegedly found to be under the influence of alcohol while on Clinton Street Road in Satfford. Ater being processed at the jail, he was released for appearance tickets for Town of Stafford Court at a later date. The case was handled by Sheriff's Deputy Richard Schildwaster.

Kelly Marie Kabel, 38, of Royal Sunset Drive, Webster, charged with failure to pay fine imposed by court. She was arrested on Thursday, April 28, on a bench warrant out of the Town of Stafford for allegedly failing to pay a Stafford Court fine from last June. She was released under supervision of Genesee Justice and is to be in Stafford Court on May 10. The case was handled by Sheriff's Deputy Michael Lute.

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