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Attorney for man accused of rape looking for more accuracy on date of alleged attack

By Howard B. Owens
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    Jason Armstrong

The attorney for a Batavia man accused of rape is troubled by the wide range of potential dates for the alleged attack and would like District Attorney Lawrence Friedman to try and get the woman making the accusation to try and come closer to an exact date.

Establishing a more accurate date would enable attorney Clark Zimmermann to determine if his client has alibis for the time of the alleged rape.

Jason A. Armstrong Sr., is accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Zimmermann said it was good that the indictment was able to specify the alleged attack happened between 8 and 9 p.m. on whichever day it occurred, but Nov. 6 to Nov. 10 is rather wide range to accept without more effort to narrow it down.

"I would think an adult as the complainant is, would be able to further specify or narrow the time frame," Zimmermann told Judge Michael F. Pietruszka. "Right now we have five possible days between 8 and 9 that this event could have occurred."

Friedman said he is certainly willing to cooperate in working with the alleged victim in narrowing the time frame down, but given the fact that the complaint wasn't made until the end of December, the amount of time that had passed before she was interviewed, made it difficult for her to recall the exact date.

"While I would like to provide a precise date or more precise date, I'm simply unable to do that at this time," Friedman said.

Zimmermann said he would expect the woman would have some ability to use work records or other life records to help her recall and narrow the time frame. He said the woman was working some jobs off the books in November and perhaps knowing when and where she worked would help. He indicated he uncovered some of that information through is own investigations and offered to provide that information to Friedman.

Friedman said he would accept the information and attempt to use it to help the woman come up with a more precise time frame.

Armstrong was indicted by a grand jury on counts of criminal sexual act in the first degree and 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, on South Main Street, as the alleged rape.

Zimmermann said he was still gathering evidence that might assist Armstrong in establishing alibis in both cases, including recorded phone messages left by one of the alleged victims.

Friedman objected that he had not yet received the evidence, despite filing a motion to receive it, and Zimmermann said that given the fact no trial date has been established yet, he still had time to gather the details and provide them in a timely manner.

"I certainly don't intend to sandbag him and I hope he doesn't do the same to me," Zimmermann said. "I think I've provided ample notice and if he disagrees, that's why we have you, Judge."

The case was set for another appearance on March 25, giving both sides more time to prepare their cases. At that time, if no plea deal is reached, Pietruszka will establish a plea cutoff date before setting a trial date.

Stabbing reported at Bank and Alva Place, Batavia

By Howard B. Owens

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An ambulance has been dispatched to Bank Street and Alva Place for the male victim of a stabbing.

Police are on scene. 

No further information available at this time.

UPDATE 9:55 p.m.: The stabbing victim was approached by two males at the 7-11 store parking lot on East Main Street and "asked to purchase something" but police would not specify what that was. When the victim pulled out some money, he was stabbed in the shoulder and the money was taken. The suspects fled north on Elm Street, but that is not a certainty; the victim is not from the area. The suspects are described as a light-skinned male and a dark-skinned male, both wearing hoodies, one of which was dark and one of which was gray, but the victim could not specify which person wore what color. The victim attemped to drive to the hospital, but ended up at Bank Street and Alva Place, where he found a police officer and flagged him down.

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Law and Order: Felony DWI charge following rollover accident on Liberty Street

By Howard B. Owens

Jason E. Hammond, 34, of Ross Street, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, speed not reasonable and moving from lane unsafely. Hammond was arrested following a single-vehicle accident at 2:24 a.m. Sunday on Liberty Street, Batavia. Hammond's vehicle hit a utility pole and flipped over. The accident was investigated by Officer Felicia DeGroot. Hammond was ordered held without bail. (Previous coverage).

Victoria M. Fleck, 22, of Wood Street, Batavia, is charged with second-degree harassment and criminal obstruction of breathing. Fleck was arrested following a reported domestic incident at 11:45 p.m., Sunday. Fleck was held on $750 bail.

Timothy J. Becker, 51, of Ellicott Street, Batavia, is charged with second-degree harassment. Becker was allegedly involved in a domestic incident at 11:30 p.m., Saturday.

Matthew Joseph Engert, 24, of Geddes Street, Holley, is charged with aggravated harassment. 2nd. Engert was arrested on a warrant stemming from a criminal complaint reported at 11:22 p.m., Nov. 2. No further details released. Engert was jailed on $1,000 bail.

Donald Robert Rock, 58, of Judge Road, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right and driving left of pavement markings. Rock was stopped at 11:29 p.m. Friday on Kelsey Road, Batavia, by Deputy Ryan DeLong.

Jason William Penny, 31, of Maple Lane, Susquehanna, Pa., is charged with petit larceny. Penny is accused of shoplifting at Target.

Upgraded charge for man accused of firing on deputy

By Howard B. Owens

David Michael O'Connor, 55, of Byron, has been charged with attempted aggravated murder of a police officer, the Sheriff's Office has announced.

O'Connor is accused of firing a single round from a .22-caiber rifle from the window of his apartment at the Byron Hotel at Deputy Andrew Hale yesterday, blowing out the windows of Hale's patrol vehicle while Hale was performing a traffic stop in the parking lot of the Byron Arrow Mart.

Nobody was struck by the projectile and there were no injuries.

Hale was supported at the scene by Deputy Joseph Corona, who spotted a person in a second-floor window of hotel building.

O'Connor was taken into custody without incident.

He was initially charged with first-degree reckless endangerment and third-degree criminal mischief and held on $25,000 bail.

With the new charge, O'Connor is now being held in the Genesee County Jail on no bail.

Previously: Single gunshot in Byron highlights the dangers of modern law enforcement

Single gunshot in Byron highlights the dangers of modern law enforcement

By Howard B. Owens

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With his life on the line this afternoon, Deputy Andrew Hale had to hope for the best after a single gunshot rang out in Byron and shattered two windows in his patrol vehicle.

He needed to assess the situation, and to do that, he had to get out of his car. He had to get out without knowing where the shot came from, and no immediate idea of where or how he should take cover.

It was a perilous moment.

"Where do I hide?" Hale said during a press conference at the Sheriff's Office less than four hours after the incident at the Arrow Mart in Byron. "Where do I go? That's not stuff they can teach you at the academy. That's something you've just got to roll the dice and hopefully, you get lucky."

Fortunately, Hale said, he had immediate backup.

Deputy Joseph Corona was at the side of his patrol vehicle just a few hundred feet away when he saw Hale exit his SUV.

"I did observe Deputy Hale exit his vehicle with kind of a stunned look on his face on what possibly may have happened," Corona said. "I saw him look around to the side of his vehicle at which time when he looked at the side of his vehicle, I watched the exterior glass fall out of his vehicle onto the parking lot of the Arrow Mart, at which point I saw him going to radio for assistance. At that point, I'd already placed my vehicle in drive. I went to go offer support and offer a cover for Deputy Hale, so I put my patrol vehicle in front of him and his vehicle. I didn't know what situation was going on but he said 'possible gunshot'; so in my mind, I utilized our vehicles, I utilized our training, I made sure Deputy Hale was OK."

Hale said, "It was good when somebody showed up at the scene and you know you've got a friend."

Corona noticed an open window on the second floor of the Byron Hotel and a man moving in and out of the window. Corona thought it was likely that's where the shot came from and tried to yell commands to the man by the window.

"He did not obey my instructions," Corona said. "Whether he didn't hear me or wasn't paying attention to me, I didn't know at that point. "`

The Arrow Mart was busy and there were civilians all around the intersection of Route 262 and Route 237. Corona and Hale shouted instructions for people to take cover and leave the area.

Backup arrived from the Sheriff's Office and State Police.

Hale, Corona, Chief Deputy Gordon Dibble and Undersheriff William Sheron entered the hotel and went to the second floor.

David Michael O'Connor, 55, of Room 3, Byron Hotel, Byron, was taken into custody and charged with first-degree reckless endangerment, a Class D felony, and third-degree criminal mischief, a Class E felony. Additional charges may be filed. He was jailed on $25,000 bail.

Hale and Corona were at the intersection running a traffic detail, watching for drivers without seatbelts. Corona would mark the spot and Hale would initiate the traffic stop.

At noon today, Hale stopped a vehicle in the parking lot of the Arrow Mart and wound through the routine -- speaking with the driver, who admitted to driving without a seatbelt, gathering his license, registration and insurance information and then returning to his patrol vehicle to check the data on his computer.

Once in the SUV, Hale heard "a pop" and the glass of his patrol vehicle's rear, passenger seat, windows shattered.

"At that point, you really don't know what's going on and you're trying to figure out, first, 'Was that a shot?' and second, 'Where did it come from?' " Hale said. "We were both sitting out in the open. It's a residential neighborhood and there are people 360 degrees around you and you don't know what window or what person. You don't know anything except that you potentially had gunfire."

The no-seatbelt driver got out his car.

Hale admitted, yeah, of course, it crossed his mind that the driver was the attacker. A person getting out of a vehicle is a big red flag for a cop, Hale said, but the driver immediately put his hands up and asked Hale if he was OK.

"Somebody who just shot at you doesn't throw up his hands in the air and ask if you're OK," Hale said. "Once I was kind of assured he wasn't a threat, my eyes went elsewhere."

The driver did not receive a citation.

District Attorney Lawrence Friedman wouldn't speculate on what additional  charges O'Connor might face, but yes, there is an attempted murder of a police officer to consider.

O'Connor was allegedly found in possession of a .22 bolt-action, single-shot rifle. Maha said that when he entered Room #3, after the scene had been secured, he observed a box of shells on the bed. A casing was still in the rifle, but the slug has not yet been recovered.

Maha said only a single shot was fired.

Nobody was hurt.

There is no known motive at this time. O'Connor does have a local DWI arrest on his record from 2003 but had never had prior contact with Hale.

O'Connor "made certain admissions," Maha said, but wouldn't say what O'Connor said or characterize their nature.

Maha said there were indications O'Connor was under some recent stress and that he may have been a little intoxicated, though not noticeably intoxicated.

The job of law enforcement seems to have gotten more dangerous in recent years, Maha said.

"People seem to be more aggressive," Maha said. "I think it's a sign of the times, whether drug abuse, or alcohol abuse or stress, a lot of people out there with mental health issues."

Hale noted that so much of the work of law enforcement can be routine and it's easy to get complacent, but that's the last thing you want to do these days. So much has changed. 

"You try and remind yourself, and incidents like this do remind us that we do have to be vigilant out there," Hale said. "We have to pay attention. A simple stop for a seatbelt and look what it turned into. It's not that easy sometimes. You've got to see and keep yourself sharp and do your job.

"As the Sheriff stated," Hale added, "policing has changed now and the traffic stop has become, as a stated earlier, a 360. It's no longer just in front of you. You have to be more aware of the hostility toward police officers. You know, people walking down the street, you never know. I guess that's just part of the job now."

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Apparent gunshot shatters window of deputy's patrol vehicle in Byron

By Howard B. Owens

A deputy making a traffic stop was reportedly fired upon early this afternoon at the Arrow Mart in Byron.

Deputy Andrew Hale and Deputy Joseph Corona were conducting a traffic detail when Hale initiated a traffic stop, according to Sheriff Gary Maha.

After speaking with the driver, Hale was returning to his vehicle when he heard a pop and the rear window of his patrol vehicle shattered.

He radioed for backup and Corona noticed that an upper floor window of the Byron Hotel was open.  

Once backup arrived, Hale, Corona and Chief Deputy Gordon Dibble entered the building and located a man inside.

The suspect "made some admissions" and is currently in custody, Maha said.

No one was injured in the incident.

The Sheriff's Office is planning a press conference for 4 p.m.

Law and Order: Batavia man accused of using somebody else's dumpster

By Howard B. Owens

Justin T. Calmes, 37, of Watson Street, Batavia, is charged with trespass and illegal disposal of items. Calmes allegedly dumped items into a dumpster at North Spruce Apartments when he did not have permission to use the dumpster.

Andrei P. Sliker, 25, of Silver Road, Bethany, was arrested on a warrant for alleged failure to appear. Sliker was taken into custody at 9:31 p.m. Thursday by Batavia PD and transported to City Court, where the matter was resolved.

James R. Kosiorek, 23, no permanent residence, was arrested on a warrant out of City Court by Rochester PD. Kosiorek was turned over to Batavia, was arraigned in City Court, and released.

Jessie M. Cramer, 30, of South Jackson Street, Batavia, was arrested on a warrant. Cramer was located on Jackson Street during an investigation into an unrelated matter. He was released on $500 police bail.

Kimberly M. Volk, 27, of Montclair Avenue, is charged with criminal using drug paraphernalia, 2nd. Volk was contacted by police in front of Dollar General after a report of a verbal argument. She was allegedly found in possession of two glass crack pipes.

Shane Eric Ashton, 46, of Walkers Corners Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and moving unsafely from lane. Ashton was stopped at 2:34 a.m. Sunday on East Main Street, Batavia, by Deputy Patrick Reeves.

Triton Adam Drock, 21, of Buell Street, Batavia, is charged with failure to register change of address within 10 days. Drock was arrested on a warrant  of Town of Batavia Court. 

Darien man accused of hitting woman with board, pushing her from pickup truck

By Howard B. Owens
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   Timothy Weinstein

A 43-year-old Darien man has been charge with a felony and jailed on $20,000 bail for allegedly striking a woman with a 1x1 wooden board (length unspecified) and pushing her from his pickup truck at Route 77 and Sumner Road, Darien, just before 8 a.m. this morning.

The board strike broke the woman's arm, according to the Sheriff's Office.

Emergency dispatchers received a call about a woman with a broken arm who had been pushed from a vehicle at 7:52 a.m. The initial report also said the woman's face had been cut by a knife, but the Sheriff's Office report doesn't mention that injury.

Timothy M. Weinstein is also accused of breaking two mobile phones belonging to the victim and of growing marijuana.

He was identified as the suspect soon after the incident was reported and taken into custody a short time later.

He lives not far from the incident scene on Alleghany Road.

Weinstein is charged with secomd-degree assault, third-degree criminal mischief, criminal mischief, 4th, criminal possession of a weapon, 4th, criminal possession of marijuana, 3rd, and unlawful growing of cannabis.

Following arraignment in Town of Darien Court, he was jailed on $20,000 bail or $40,000 bond.

The investigation is ongoing and is being conducted by deputies Lonnie Nati and Andrew Hale, investigators Chad Minuto and Joseph Graff, the Local Drug Task Force, Corfu PD and the State Police.

Woman allegedly cut with knife and shoved out of moving pickup truck

By Billie Owens

A woman was allegedly shoved out of a black Dodge pickup truck while it was moving, at Allegany and Sumner roads, Darien. The victim was also allegedly cut with a knife by the driver of the pickup during the incident. She is bleeding from the face and has a shoulder injury and possible broken arm and/or collarbone. Sheriff's deputies are pursuing the truck southbound on 77. State Police and Darien medics are at the scene with the victim. Darien Fire Department is also responding.

UPDATE 8:12 a.m.: The victim is being transported to UMMC. 

Couple's relationship meeting in Le Roy ends in felony arrests

By Howard B. Owens

A couple who met on Robbins Road, Le Roy, on Feb. 21 to discuss their relationship was subsequently arrested on felony charges after one was hospitalized and the other had her car seriously damaged.

Le Roy PD reports that Rebecca L. Rose, 23, of North Street, Le Roy, and Jeffrey W. Scott, of Walnut Street, Batavia, were in Rose's car discussing their relationship when things got heated. Scott allegedly became violent and caused $1,643.48 in damage to the interior of Rose's car.

Scott then reportedly got out of the vehicle and Rose allegedly backed over him and then, in pulling forward to leave, ran over him a second time.

Scott suffered pain and abrasions over several parts of his body. He was transported to an area hospital where he was treated and released.

Scott was charged with one count of criminal mischief, 3rd, a Class E felony, and Rose was charged with one count of assault, 2nd, a Class D felony, and leaving the scene of a personal injury accident. Both were arraigned in Le Roy Town Court both were released on their own recognizance.

Law and Order: Batavia man accused of possessing modified flare gun

By Howard B. Owens

William E. Berge, 21, of Hutchins Street, Batavia, is charged with criminal possession of a weapon, 4th. Berge was allegedly found in possession of a flare gun that was modified to fire a 12-gauge shotgun round.

Joseph M. Marceilli Jr., 30, of Central Avenue, Batavia, is charged with aggravated unlicensed operation, 2nd, and obstructed view. Marceilli was stopped for an alleged traffic violation at 4:52 p.m. Saturday on Liberty Street, Batavia, by Officer Christopher Lindsay.

Tyler J. Henderson, 27, of Franklin Street, Batavia, was arrested on a warrant for alleged failure to appear. Henderson was arrested on a City Court warrant and released on his own recognizance.

Woodrow C. Horseman, 39, no permanent address, was arrested on a warrant for alleged failure to appear on criminal trespass and endangering the welfare of a child. He was jailed on $2,500 bail.

Jeffrey Robert Ammon, 48, of South Lake Street, Le Roy, is charged with trespass. Ammon is accused of being on the premises of a location on Maple Avenue, Bergen, at 6:25 p.m. Tuesday after being told to leave. Also charged with trespass was Krista Renee Lewis, 46, of Church Street, Bergen.

Amanda Ann Allard, 35, of Cadwell Road, Bliss, is charged with possession or transport or offer for sale of unstamped cigarettes and speeding. Allard was stopped at 12:29 p.m. Tuesday on Route 77, Pembroke, by Deputy Joseph Corona.

Tremain Valdez Gillbert, 26, of Wing Street, Bliss, is charged with unlawful possession of marijuana. Wing was arrested following a traffic stop at 12:29 p.m. Tuesday on Route 77, Pembroke.

Law and Order: Batavia man accused of sending inappropriate Facebook message to a child

By Howard B. Owens

Todd A. Berkemeier, 46, of 61 Walnut St., Batavia, is charged with endangering the welfare of a child. Berkemeier allegedly sent an inappropriate message through Facebook to a child less than 17 years old. The alleged victim is a Village of Le Roy resident and Berkemier was arrested by Le Roy PD.

Joshua J. Nilsen, 28, of Hilltop Drive, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and having an obstructed driver's view. Nilsen was stopped by Le Roy PD following a complaint of an erratic operator on South Street Road. The reported vehicle was located on Route 19 in the Village.

Law and Order: Driver charged with fleeing police, drug possession and resisting arrest

By Howard B. Owens

Rochard Joseph Tomaino, 28, of Wheatfield Street, North Tonawanda, is charged with: unlawful fleeing a police officer; speeding; no/inadequate plate lamps; obscured plate; failure to yield the right of way to emergency vehicles; aggravated unlicensed operation; failure to stop at a stop sign; reckless driving; criminal possession of a controlled substance, 7th, and resisting arrest. Tomaino was arrested following an alleged police pursuit that started in the Town of Batavia at 1:36 a.m. Saturday on Pearl Street Road, proceeded through the City of Batavia and continued back to the west, ending in the Town of Darien at the Erie County line. The Sheriff's Office was assisted by Batavia PD, State Police and the Erie County Sheriff's Office. Tomaino was jailed without bail pending his next court appearance. (Initial Report)

Cody Patrick MacNaughton, 25, of Weatherwood Lane, Rochester, is charged with unlawful possession of marijuana and registration / plate display violation. MacNaughton was stopped after allegedly being observed speeding in the Village of Bergen at 8:06 a.m. Sunday by Deputy Joseph Corona.

Carl Daniel Blackmon, 43, of Stewart Avenue, Buffalo, is charged with unlawful possession of marijuana. Blackmon was stopped for an alleged traffic violation at 2 p.m. Friday on Route 77, Pembroke, by Deputy Richard Schildwaster.

A 16-year-old resident of Mill Street, Le Roy, is charged with criminal mischief, 4th, menacing, 2nd, and harassment, 2nd. The youth was charged following a domestic incident reported at 5:30 p.m. Thursday. The youth was jailed on $500 bail.

Paul Konieczny, 51, of Harvester Avenue, Batavia, is charged with harassment, 2nd. Konieczny was arrested by Batavia PD following an investigation into a reported domestic incident at 12:21 a.m. Thursday. He was jailed on $1,000 bail.

Ryan James Wetsell, 22, of Bank Street, Batavia, is charged with unlawful possession of marijuana. Wetsell was allegedly found in possession of marijuana during a police investigation into a reported burglary at his residence.

Michael T. MacCowan, 42, of Meadow Farm North, North Chili, is charged with DWI, driving with a BAC of .08 or greater and passed red light (two counts). MacCowan was stopped at 2:20 a.m. Sunday on Clinton Street by Officer Eric Foels.

Frank L. Morrison, 34, of East Avenue, Medina, was arrested on a warrant. Morrison was arrested by a deputy and turned over to Batavia PD on a City Court warrant.

Burglary in progress reported on Mix Place in the city, manhunt under way

By Howard B. Owens

A burglary in progress was reported at 4 Mix Place in the city and police have a manhunt perimeter set up and the canine unit on scene. Law enforcement has switched to a secure communications channel.

UPDATE 11:20 a.m.: Police have searched and cleared the house but no burglar(s) found. Whether a burglary actually took place has not yet been determined.

UPDATE 2 p.m.: Batavia PD has put out a statement about the situation this morning. The police say following a report of a burglary in progress by a resident on location, police observed suspicious circumstances outside the residence. A K-9 and State Police were requested to the scene for assistance. A search was conducted, and though the residence was in disarray, no subjects were located inside the residence. There is an active investigation and anybody with information are asked to contact Officer James DeFreze by calling (558) 345-6350 or the confidential tip line at (585) 345-6370.

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Police chasing vehicle on South Pearl

By Howard B. Owens

A vehicle is reportedly refusing to stop for police in the city.

We're not sure where the pursuit started, but a police officer observed, "he looked right at us and is refusing to stop."

The vehicle headed south over the bridge at South Lyon and then onto South Main, then to South Pearl.

A deputy was attempting to get a spike strip down. It's unclear if they were down in time or at the location that the vehicle continued.

The vehicle has been clocked at 95 mph leaving the city and city units are backing off.

Another deputy is attempting to get in position ahead of the vehicle, which is westbound on Route 33.

The vehicle has slowed to 50 mph.

UPDATE 1:38 a.m.: The vehicle is a green Chevy Suburban registered to a female in North Tonawanda.

UPDATE 1:44 a.m.: The vehicle hit spikes near the Corfu Fire Hall on Route 33. Both front tires were punctured and the vehicle is continuing on just rims. We think we heard a description of the driver as a white male in a hoodie. The vehicle has reached the Erie County line and may have hit an Erie County patrol vehicle.

UPDATE 1:48 a.m.: A deputy reported the suspect may have a possible hand injury. A medical evaluation is requested.

UPDATE 1:50 a.m.: Darien's ambulance is requested to the scene.

UPDATE 2:17 a.m.: Suspect in custody, being transported to the jail.

West Bergen Road man jailed for allegedly selling heroin in the Town of Bergen

By Billie Owens

Following an investigation into the sale of heroin in the Town of Bergen, 27-year-old Ryan M. Bobzin, of West Bergen Road, was arrested, according to a press release today from the Genesee County Sheriff's Office.

The investigation was conducted by the county's Local Drug Enforcement Task Force, comprised of law enforcement personnel from the Sheriff's Office, Batavia Police NET and Le Roy Village PD.

Bobzin is charged with: criminal sale of a controlled substance, 3rd, a Class B felony; criminal possession of a controlled substance, 3rd, also a Class B felony; and criminal possession of a controlled substance, 7th, a Class A misdemeanor.

On Feb. 24, Bobzin was arrested by a uniformed deputy at the Genesee County Jail where he was incarcerated for a separate charge. It is alleged that he sold a quantity of a controlled substance, heroin, to an agent of the drug task force in the Town of Bergen. Bobzin was arraigned in Town of Bergen Court and jailed on $25,000 bail.

The District Attorney's Office and uniformed members of the Sheriff's Office assisted the task force with the investigation.

Law and Order: Batavia resident charged with drug possession following traffic stop

By Howard B. Owens

Bradley John Broadbent, 36, of Walnut Street, Batavia, is charged with false personation, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia and possession of hypodermic needles. Broadbent was arrested following a traffic stop at 10:37 p.m. Tuesday on Route 33, Stafford, by Deputy Rachel Diehl.

Two more defendants in racketeering case enter guilty pleas in district court

By Howard B. Owens

Two more people involved in a racketeering case that also involved a pair of Genesee County residents have entered guilty pleas in U.S. District Court.

The pleas are the latest in a string of convictions in the case for federal authorities.

Robert W. Moran Jr., 63, of Rochester, entered a guilty plea to a count of conspiracy to commit assault with a dangerous weapon in aid of racketeering. Gina Tata, 52, also of Rochester, entered a guilty plea to being an accessory after the fact.

Both defendants face possible federal prison terms and potential six-figure fines.

Authorities say Moran was an officer with the Hells Angels in Rochester and was involved in an assault at Spenders Bar on Lyell Avenue, Rochester, that involved an attack on a victim with a baseball bat. Authorities say Moran was the attacker and beat the victim on the head and body after the person made disparaging remarks about motorcycle clubs, including the Hells Angels.

"The defendant committed the assault order to maintain his position in the Rochester Hells Angels," said federal prosecutors.

Tata was the bartender that night and tried to help Moran evade arrest and prosecution. It was Tata who informed Moran of the remarks by the patron, prosecutors said. She then lied to police about the identity of the attacker and counseled other eyewitnesses not to speak to provide identifying information to police. She helped another member of the Hells Angels retrieve a hard drive containing recordings of the interior of the bar at the time of the attack.

"In May 2007, a year after the assault, Tata lied to the FBI about the perpetrators of the assault, describing them as tall, young Hispanic males, and falsely told the FBI that she used the phone at Spenders Bar only to call 9-1-1 and the owner of the bar," prosecutors said.

From the press release:

These pleas are part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey (California) Hells Angels for drug trafficking and racketeering-related offenses in February 2012. Hells Angels President Richard W. Mar, and Jeffrey A. Tyler, were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Five other defendants – Henry McCauley, Donna Boon, Paul Griffin, Richard E. Riedman, and Gordon L. Montgomery – were convicted for their roles in the methamphetamine conspiracy. Judge Siragusa sentenced Griffin to probation and Riedman to 37 months in prison. McCauley, Boon and Montomgery are awaiting sentencing. Another defendant, Timothy M. Stone, was convicted and of being an accessory after the fact to the assault and conspiracy, and was sentenced to 12 months in prison.

McAuley and Boon are residents of Oakfield.

Sentencing is scheduled for 10:15 a.m. and 11 a.m., respectively, May 25.

Some of the prior related stories:

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