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February 27, 2012 - 5:14pm
posted by Howard B. Owens in batavia, crime, Jacquetta Simmons.

An attorney recently hired to represent Jacquetta Simmons, the 26-year-old Batavia resident accused of punching a 70-year-old Walmart employee on Christmas Eve, said after a court hearing today that he doesn't believe his client intended to hurt Grace Suozzi.

Based on his own interviews and statements he's read, Buffalo attorney Earl Key said there's a lot more to the story than has been reported so far.

"I don't believe my client intended to assault anyone," Key said. "The tape will tell me a lot. I've got to see the tape to see exactly what happened."

Key is concerned however, that the only tape available shows just the portion of the confrontation where Simmons allegedly hit Suozzi.

There's no indication that Simmons was suspected of stealing form the store. Key said she didn't steal anything and she had shown her receipt for the items in her bag.

He said Suozzi's own statement to police indicates she grabbed Simmons. Key said the information he has so far indicates Simmons was trying to push Suozzi away, not assault her.

The language of section 120.05 of the New York penal code states a person is guilty of assault in the second degree when "with intent to cause serious physical injury to another person he causes such injury to such person ..."

In court, Assistant District Attorney Melissa Cianfrini said unless a plea agreement is reached first, the DA's office intends to send the case to the Grand Jury for possible indictment.

Simmons is also charged with a provision of the assault in the second degree statute that is fairly new, making it a felony to assault a person 65 or older.

Key said he needs to study that statute further, but he believes the law is being misapplied in this case.

Among the evidence gathered by Key so far is a copy of Walmart's policy about demanding that customers show receipts.

He said typically store policy is that an employee never grab a customer. If they suspect a person of stealing, they're supposed to call the police.

Key acknowledged that the case has been contentious in comments on local and regional media sites, but said his client naturally regrets what happened.

"My client is an upstanding citizen," Key said. "She’s bright, she’s young, she’s a college student, she has no criminal history, of course she regrets it. I haven’t seen the medical records, but if the victim has the injuries alleged, then of course she’s truly, truly sorry."

Simmons is scheduled to next appear in Town of Batavia Court on March 26.

February 27, 2012 - 4:31pm
posted by Howard B. Owens in batavia, crime.

A man who admitted his assault cost another man his eye will serve 12 years in prision, Judge Robert Noonan ruled this morning.

Christopher Preedom was the apparent leader of a three-person group that broke into a Woodstock Gardens apartment and attacked a resident there.

The victim read a statement asking Noonan to show leniency for Preedom, but District Attorney Lawrence Friedman cast doubt upon that request indicting he had information to suggest the victim's plea was based on fear of retaliation.

"While it may be considered noble that the victim is asking for leniency here," Friedman said, "...this defendant (Preedom) has already received a substantial break, being allowed to plea down from a Class B felony, under which he faced 25 years in prison."

Preedom asked for the victim's forgiveness.

"I've committed a crime...I know I've messed up...I made a mistake," Preedom said tearfully. "I'm willing to face the consequences."

Noonan offered little sympathy.

"The problem is: even if (the victim) is appearing here as your very best friend," the judge said, "you have still committed a crime against society that is horrendous. You took out a person's eye in the most horrific way."

(Based on the report of Geoff Redick, WBTA)

February 27, 2012 - 11:14am
posted by Howard B. Owens in batavia, crime, pembroke, Le Roy.

Paul J. Doctor, 34, of 20 Maple St., lower apt., Batavia, is charged with burglary, 2nd, burglary, 3rd, and petit larceny. Doctor is accused of entering an unoccupied residence and garage on Jackson Street and removing appliances and other property without permission of the owner. Doctor allegedly removed the property between Jan. 13 and Jan. 17.

Kevin Bruce Martin, 28, of Clinton Street, Cowlesville, is charged with two counts of criminal possession of hypodermic needles. Martin's vehicle was stopped on Lewiston Road at 6:30 p.m., Jan. 22, by Deputy Brian Thompson for allegedly having a suspended registration due to no insurance.

Jeramy Michael Farnsworth, 30, of Tracy Avenue, Batavia, is charged with failure to pay child support. Farnsworth was arrested by Batavia PD on a warrant out of Genesee County Family Court and turned over to the Sheriff's Office. Following arraignment in Town of Batavia Court he was jailed on $1,000 bail.

Ronald William Ball, 46, of Pratt Road, Pembroke, is charged with two counts of criminal mischief, 4th. Ball allegedly damaged the a/c controls of another person's car during a verbal argument. Ball then allegedly went to the residence of the person and damaged the house door and door frame.

Carolyn M. Hooten, 29, and Vanessa R. Wright, 24, both of of 12 Myrtle St., Le Roy, are charged with petit larceny. Hooten and Wright are accused of shoplifting at Dollar General at 3:41 p.m., Feb. 23.

Carolyn M. Hooten, 29, of 12 Myrtle St., Le Roy, is charged with DWI, unlicensed operation, operating with inadequate tail lamps and without stop lamps and failure to use turn signal. Hooten was stopped at 1:49 a.m., Saturday, on Ellicott Street by Officer Kevin DeFelice.

Mark Russell O'Gee, 57, of South Street Road, Le Roy, is charged with harassment, 2nd. O'Gee is accused of grabbing another person's arm and shoving her during an argument.

Elizabeth Ann Wortman, 24, of Church Street, Le Roy, is charged with criminal contempt, 2nd. Wortman is accused of violating an order of protection.

Ronald M. Clark, 45, of Lake Street Road, Le Roy, is charged with petit larceny. Clark was spotted by police running east on West Main Street at around 8 p.m., Feb. 21, when police received a report of a person who stole canned fish and candy from Save-A-Lot. Clark is accused of stealing two cans of sardines and a Baby Ruth candy bar.

February 25, 2012 - 10:36pm
posted by Howard B. Owens in batavia, crime.

An alleged gambling operation in Batavia that was revealed Friday with the arrest of three city residents may have involved substantial amounts of cash, according to the lead investigator in the case.

Steve Mullen, head of the Local Drug Enforcement Task Force, said during a press conference Friday that gamblers placed bets ranging from $25 to $2,500 -- and possibly more -- on single sporting events.

The scope of the alleged operation may best be illustrated by one gambler already interviewed by investigators who lost, according to Mullen, as much as $10,000 a year on poorly chosen bets.

Computers, phones and every electronic device the three suspects owned that could possibly store data was seized by investigators when four search warrents were executed Thursday.

Local investigators as well as experts from the WNY Regional Computer Forensics Laboratory will comb through the data -- along with paper records -- to try and determine the extent of the operation, identify more clients and other possible suspects.

Investigators are unsure at this point if the data will reveal if there is a "Mr. Big" who could have bankrolled the operation, or if the three suspects started the business and operated it independently.

"That's a good question," Mullen said in an interview Saturday. "It's hopefully something we will be able to develop through the electronic data and the phone records, to see if anybody else was involved, if there was anybody that money was going to and coming from. We will certainly examine the written records and the electronic records hoping to determine if there was anybody they answered to or who may have come before them and how long they were involved."

The three suspects are Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home.

The implication of information revealed by law enforcement officials so far, based on the size of some bets placed and the amount of money lost by some, is that the alleged operation went far beyond Super Bowl pools and March Madness grids.

Mullen said so far it looks like the alleged bookies were accepting wagers on the gambit of sporting events, including professional and college football and basketball, professional baseball and hockey as well as other sporting events.

Given the possible scope of the alleged operation, Phillips, Bordinaro and Engel are facing more than just legal issues. There are also career and tax implications that will arise independent of the criminal investigation.

The two firefighters are also accused of accepting bets through phone calls and text messages they received while on duty.

The Batavia Fire Department is likely to start disciplinary procedures at some point, which could conceivably lead to the loss of careers that spanned close to 20 years on the job for Phillips and Bordinaro.

In New York, public safety employees can retire after 20 years.

If the department decides to pursue disciplinary actions, according to Section 75 of the NYS civil service code, Phillips and Borindaro will be suspended without pay (they are currently suspended with pay). The department will then have 30 days to conduct a hearing on the charges.

The hearing is open to the public, unless Phillips or Bordinaro request that it be closed, and they can be represented by legal counsel.

If the charges are sustained, the two firefighters could be terminated.

The process takes place independently of the criminal legal system.

Engel, who is also part of the state retirement system, has 17 years on the job, according to court records. He would be subject to the same disciplinary process if his supervisors elected to pursue disciplinary action.

On the tax front, it wouldn't be unusual, according to Mullen, for the District Attorney's Office to contact state and federal tax officials if the investigation reveals some amount of undeclared taxable income.

"Certainly, the District Attorney's Office has done that before with investigations," Mullen said. "We would provide them (state and federal officials) with the information they needed to conduct their investigations."

Sheriff Gary Maha said Friday that it is hard to believe the alleged gambling operation wasn't profitable.

"They wouldn’t be in the business if they weren’t making some money," Maha said.

Mullen said at this point it's hard to estimate just how much money they were making.

"There were days where they were doing $300 or $400 and a couple of days where they were doing thousands of dollars," Mullen said. "I don't even know how to accurately put an average on it right now. I anticipate that by the end of the week, after we've had an opportunity to review the paper records better, we'll have an idea of how much was being wagered on a weekly, a monthly, and for 2011 -- an annual basis."

Given the amounts of money being wagered, Maha said he doesn't agree with the assertion of some people that gambling is a "victimless crime."

"Talk to some of the wives and families who are losing thousands of dollars to a bookie," Maha said. "I think now days a lot of people accept gambling. We have the racetrack and we have lottery and lotto, but still, it’s illegal to run a gambling enterprise and profit from it."

When a family man is losing as much as $10,000 a year, there are victims, Mullen said.

"That money comes from somewhere," Mullen said. "They're less able to provide for their families. It's an addiction not unlike drugs."

In a bookmaking operation where people are betting -- and often losing thousands of dollars -- a bookie would need to ensure he could collect debts in order to remain profitable.

In the Hollywood legend of backroom sports books, there is usually muscle behind the bookie to ensure debts are paid. Mullen said so far there is no indication that Phillips, Bordinaro nor Engel threatened to break anybody's thumbs.

"We haven't had anybody come forward to volunteer that kind of information," Mullen said. "That's one of the things we will be asking as we identify people on that list, but at this point it's undetermined how they were collecting debts. Hopefully, we'll be able to determine some of that between reviewing data and conducting interviews."

Also as-yet-undetermined is if people outside New York were placing bets with the alleged Batavia bookies.

If such bets are uncovered -- or if it turns out the alleged bookies were keeping out-of-state bank accounts -- the information will be turned over to federal authorities, Mullen said.

For gamblers who might be nervous about the investigation, it's not illegal in New York to place bets.

It's not even against to the law to accept a bet, if you're not profiting from the transaction (taking a rake, charging a vig, etc.). It's only illegal to run a gambling operation as a profit-making enterprise.

"You're really running a business and there’s a lot of implications to that -- above and beyond what the New York State penal law says as far as reporting your income or paying traxes or not paying taxes," Mullen said.

At the press conference Friday, Mullen -- a volunteer firefighter with the Town of Batavia -- was clearly concerned about the impact this investigation might have on the City of Batavia Fire Department.

"Through my contact with Chief (Jim) Maxwell and the firefighters there, this is not a distraction to them," Mullen said. "They are an extremely well-trained, professional group of people and it is a well-run department. They are professionals who are above the conduct of any one or two individuals in the department."

As a public service employee, he's also bothered by what he perceives as a break in public trust by the suspects.

"When you accept a job as a public servant, especially in the sector of public safety, I think you're held to a higher standard," Mullen said. "The pay and benefits that go along with those jobs -- jobs that are obviously involved in helping people to protect life and property -- your work focus should be on work and not occupied by illegal activities."

Gregory Phillips Brian Bordinaro

Lance Engel

 

February 24, 2012 - 3:37pm
posted by Howard B. Owens in batavia, crime.
Gregory Phillips Brian Bordinaro

Lance Engel

Three Batavia men, including two city firefighters, who are accused of operating an illegal gambling operation, are being released from jail this afternoon following a bail review hearing in city court.

All three entered not guilty pleas to the charge of criminal possession of gambling records, a Class E felony.

Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, were arrested Thursday following a six-month investigation.

The trio was initially arraigned Thursday and Justice Robert Balbick was required, because of the felony charge, to order them held in Genesee County Jail without bail pending a report by Genesee Justice of their bail status.

The report on all three recommended, because of their strong ties to the community, that they be released on their own recognizance.

Attorney Larry Andolina is representing Phillips. Asked what he made of the charges, he replied to a reporter, "Are you looking for something other than dumb?"

He added, "I think prosecuting somebody for gambling in New York State is at best, dumb. As I was leaving the Sheriff’s department today, there’s a sign with an arrow that says 'Batavia Downs Race Track and Casino' and it points that way. If you drive down that way, there’s lottery tickets on every corner, there’s Power Ball every where, I just don’t understand it."

Phillips is a longtime resident with extended family in the area. He's married with children and owns his home. He's worked for the city 17 years.

Phillips is also accused of possessing a small amount of cocaine and is charged with criminal possession of a controlled substance, 7th.

Bordinaro is married, too, with one child at home and he's a homeowner. He's been employed by the city 18 years.

Engel has a wife and three children, owns his home and has been employed by the state for 17 years.

The alleged bookies had several friends and family members in the courtroom during the hearings.

Anolina explained that under state civil service law, the two city firefighters will stay on the payroll until the department files charges. Once charges are filed -- this is a process outside the judicial system -- the department will have 30 days to hold a disciplinary hearing or reinstate their pay.

The Rochester-based attorney reminded reporters that "suspects are innocent until proven guilty."

"These are good people," he said. "They are good men. We’re not dealing with people who are bad people. They are good family men."

COMING: The Sheriff's Office conducted a press conference this afternoon. We'll post a separate story on that later.

February 24, 2012 - 12:51pm
posted by Howard B. Owens in batavia, crime.

A 49-year-old man who participated in a residential burglary at the alleged prompting of an associate pled guilty this morning after some discussion about whether he clearly understood the charges against him.

Frederick H. Robidoux Jr., 49, was spotted along with his alleged accomplice, Eric P. Doleman, 41, breaking into an apartment at 10 Maple St., Batavia, in the early morning hours of Dec. 29.

The occupant of the apartment, Edward R. Freida, had recently been arrested on drug charges and Doleman allegedly knew Freida was in jail and that he had coins and other property of value.

Robidoux initially claimed this morning that he thought Doleman had permission to enter the apartment and that he didn't know his associate would remove items from the home.

Judge Robert C. Noonan informed Robidoux that if what he was saying were true, then he couldn't be convicted of the crime of attempted burglary.

After Robidoux consulted with his attorney, Fred Rarick, District Attorney Lawrence Friedman read from a statement Robidoux made to Batavia detectives when he was arrested.

In the statement, Robidoux said Doleman had told him about an easy way to get money and that he stood outside the apartment while Doleman climbed through a window.

At that point, Robidoux said he better understood what he was being asked to admit to in order to plead guilty.

As a prior felony offender, Robidoux is facing from three to seven years in prison.

In 1999, he was convicted in Livingston County of sodomy.

Robidoux will be sentenced at 9:30 a.m., April 19.

February 24, 2012 - 10:28am
posted by Howard B. Owens in crime, bergen.

A 45-year-old Bergen resident accused of being a child sex predator is facing a possible sentence of life in prision after pleading guilty this morning to a single Class A-II felony.

The minimum possible term for Stephen Irvine Stone is 10 years to life in prison, and the maximum mandatory sentence is 25 years to life.

Stone entered his guilty plea unconditionally in exchange for prosecutors not pursuing additional charges -- either those he's already been accused of, or others that might come from further investigation.

Stone was arrested on the first group of charges at the end of December, when he was accused of sodomy, 1st, rape, 1st and criminal sexual act, 1st. The charges stemmed from acts going back to 1997.

New charges were added in January when Stone was accused of predatory sexual assault against children, criminal sexual act, 1st, and criminal sexual act, 2nd.

In Genesee County Court today, Stone admitted to a sexual act with a child 13 years or younger.

As part of the plea deal, Stone agreed to provide the mother of his children with a power of attorney to sell his property for the benefit of the household.

Sentencing is set for 1:30 p.m., April 19. He remains jailed without bail pending sentencing.

February 24, 2012 - 8:54am
posted by Howard B. Owens in batavia, crime.
Gregory Phillips Brian Bordinaro Lance Engel

UPDATED 10:07 a.m.

UPDATED 9:12 a.m.

Authorities report they have broken up an illegal gambling operation in the city that was being run by three men, including two city firefighters.

The trio was allegedly involved in running sports books, according to Sheriff Gary Maha.

Maha said investigators seized gambling records, computers and mobile phones.

"We won't know the extent of the operation until these are analyzed," Maha said, but he said investigators believe the client list was extensive.

The firefighters allegedly involved were possibly accepting bookmaking calls on their mobile phones while on duty at the city fire hall, Maha said.

The three men, who all live in Batavia, were charged with criminal possession of gambling records, a Class E felony. They were arraigned in city court and jailed without bail.

Firefighter Gregory Phillips, 39, of Belvedere Lane, was also charged with criminal possession of a controlled substance, 7th, after investigators allegedly found a small amount of cocaine during a search of his residence.

The other city firefighter charged was Brian Bordinaro, 43, of Prospect Avenue.

Also arrested was Lance Engel, 41, of Wade Avenue.

Investigators executed a total of four search warrents -- one on each suspect's home, and one on the lockers at the fire hall of the two city firefighters.

Phillips and Bordinaro were suspended from their jobs. Under NYS civil service law, they will continue to receive their salaries until the investigation is concluded.

The arrests were the culmination of a six-month investigation by the Local Drug Enforcement Task Force along with the Batavia PD, the Sheriff's Office and the District Attorney's Office. Maha said City Fire Chief Jim Maxwell and city administration cooperated in the investigation.

City Manager Jason Molino's office released a statement saying when city officials became aware of the alleged gambling operation, law enforcement was informed, which led to the investigation.

UPDATE 1:55 p.m.: Lance Engel is also a public employee, according to state records. He works as a cook at the Western New York Veterans Home in Batavia.

(The Batavian's news partner, WBTA, assisted in coverage of this story.)

February 23, 2012 - 7:20pm
posted by Howard B. Owens in batavia, crime, Oakfield.

Three Genesee County residents -- including one who was previously accused by the feds of distributing methamphetamine but had the charges dropped -- were indicted today and accused of being part of a Hells Angels meth distribution ring that stretched from California to New York.

Donna L. McAuley (aka Donna Boon), 46, of Batavia Oakfield Townline Road, Batavia, was originally accused in July 2010 of being part of a meth distribution ring led by 47-year-old Donald G. Vanelli, of Le Roy.

Vanelli is serving a 17-and-a-half year federal prison term after pleading guilty to procuring from suppliers and distributing between 5 and 15 kilograms of methamphetamine from 2004 through July 2010.

But McAuley's charges were eventually dropped and in July 2011 she proclaimed her innocence.

Today, McAuley was charged with possession with intent to distribute, and distribution of, 50 grams or more of methamphetamine between April 2010 and July 9, 2010. The charge carries a mandatory minimum sentence of five years in prison, a maximum sentence of 40 years in prison, and a $2,000,000 fine.

Also charged today was her husband, James H. "Mitch" McAuley Jr., 62, listed as a resident of Oakfield but who's currently confined to Elkton Federal Corrections Facility in Ohio.

The indictment, according to the office of William Hochul, U.S. Attorney for Western New York, is a "superseding indictment," meaning it overrides a previous indictment that accused Mitch McAuley and others of being part of a criminal enterprise involved in drug trafficking and conspiracy to commit murder.

The third Genesee County resident indicted was Gordon L. Montgomery, 53, of Batavia. He is accused of being part of the same meth ring as Donna McAuley and being involved in trafficking 500 grams or more of methamphetamine between 2002 and July 9, 2010.

Also indicted today were alleged Hells Angels President Richard W. Mar, 60, of Monterey, Calif., along with alleged Rochester Hells Angels members Richard E. Riedman, 38, of Webster, Jeffrey A. Tyler, 47, of Rochester, and Paul S. Griffin, 58, of Blasdell.

All are charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. The charge carries a mandatory minimum sentence of 10 years in prison, and a maximum sentence of life in prison, and a $4,000,000 fine.

Previously charged as part of the indictment was alleged Rochester Hells Angels Member Robert W. "Bugsy" Moran Jr., 59, of Rochester. Timothy M. Stone, 31, of Gates, and Gina Tata, 47, of Rochester.

The indictment is the culmination of an investigation by FBI agent Christopher M. Piehota, New York State Police under the direction of Major Mark Koss and the Rochester Police Department under the direction of Chief James Sheppard. Prosecution is being led by Brett Harvey of the U.S. Attorney's Office.

February 23, 2012 - 11:56am
posted by Howard B. Owens in Basom, crime, Alabama, Tonawanda Indian Reservation.

Federal authorities raided four smoke shops on the Tonawanda Indian Reservation this morning, seizing alleged untaxed cigarettes, synthetic marijuana and bath salts, according to U.S. Attorney for Western New York William Hochul.

Authorities are investigating whether the so-called synthetic drugs were being sold for human consumption, Hochul said.

Sale of products such as K2, Spice and bath salts for human consumption is illegal as an analogue to controlled substances.

"There's been reporting throughout the country on how dangerous these substances are," Hochul said. "Obviously, we want to reduce that danger where we can."

"It's 100 percent a public safety issue," Hochul added. "Whether it comes to bath salts or even untaxed cigarettes, you don't know what's in these substances."

At least one of the smoke shops is also under investigation for alleged sale of counterfeit merchandise, Hochul said.

No charges have been filed, Hochul said. This is an ongoing investigation.

The shops raided were The Rez, Arrow Hawk, Sacajawea and Smoke Rings.

Unrelated, there was also apparently a raid (or raids) this morning in the City of Batavia by members of the Local Drug Enforcement Task Force. There is no more information available at this time on this activity.

February 21, 2012 - 3:31pm
posted by Howard B. Owens in batavia, crime.

A man who took part in a home-invasion attack on a Batavia resident will serve seven years in state prison, Judge Robert C. Noonan ruled today.

It is the longest possible sentence available to Noonan under the terms of a plea arrangement agreed to by Kevin Andrews, 19, of 144 Bank St., Batavia.

Andrews admitted Dec. 19 to taking part in the break-in, which led to a resident of Woodstock Gardens losing his eye.

"If I could go back in time and take back everything that happened, I would," Andrews said. "I was wrong going into that building and into the premises. Whatever is given, I'm going to accept it and do my best to move on in life and make the best of what happens."

Noonan told Andrews that "there are no do-overs in life" saying the crime led to "horrible, horrible consequences."

After Noonan pronounced sentence, a handful of women in the gallery burst into tears. 

District Attorney Lawrence Friedman opened the hearing asking Noonan to impose the stiffest available sentence, saying that in reducing the charge from a felony with a maximum 25-year sentence to one with only a seven-year max, Andrews already received a substantial break.

"I don’t think anyone could argue the claim that it is a horrible crime," Friedman said.

Christopher Preedom, 18, of 21 Holland Ave., Batavia, was accused of actually hitting the victim and causing him to lose his eye. He admitted to attempted assault.

Also allegedly involved in the attack was Timothy Andrews, 21, of 144 Bank St., Batavia.

February 21, 2012 - 9:55am
posted by Howard B. Owens in batavia, crime, pembroke.

Joseph S. Rosen, 28, of 4727 Half Center Road, Walworth, is charged with felony DWI, aggravated DWI and criminal mischief, 4th. At 11:07 p.m. Monday, Batavia PD was dispatched to Chapin Industries on Ellicott Street for a report of a car driving on the front lawn of the complex. The driver was allegedly yelling toward the building, trying to get the attention of a worker inside. Officer Darryl Streeter responded and arrested Rosen. Rosen's breath sample allegedly registered .18 BAC. He was held without bail pending arraignment in city court.

Cynthia M. Ritter, 50, of Cohocton Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Ritter was arrested by Deputy Matthew Fleming following an investigation into an accident at 7:05 p.m., Monday, on Marble Road, Pembroke. (Initial report)

Samoni Tai Hazle, 36, of Laredo Drive, Chili, is charged with unlawful possession of marijuana. Hazle was taken into custody while staying at a hotel in Batavia after deputies were called in response to other guests complaining of the odor of marijuana coming from his room.

David Eugene Stupp, 41, of Bennett Heights, Batavia, is charged with harassment, 2nd. Stupp is accused of hitting an estranged girlfriend.

Margaret B. Duffy, 53, of 3233 Pratt Road, Batavia, is charged with DWI, aggravated unlicensed operation, 2nd, operating in violation of a conditional license and consuming alcohol in a motor vehicle. Duffy was arrested by Officer Matthew Lutey following a report at 10:50 p.m., Friday, of a woman passed out behind the wheel of a vehicle with the motor running in a parking lot of a business on Main Street.

February 18, 2012 - 10:18pm
posted by Howard B. Owens in crime, Darien.

A 24-year-old Darien resident has been charged with raping a woman in Caledonia, reports the Democrat & Chronicle.

Timothy R. Beszczynski was arrested by the Livingston County Sheriff's Office today and charged with first-degree rape.

Authorities were called to an apartment complex in Caledonia at 4:30 a.m. by a woman who said her neighbor had been raped.

Deputies interviewed an 18-year-old woman who said she was raped in her apartment.

Beszczynski was jailed on $7,500 bail or $15,000 bond.

February 17, 2012 - 2:46pm
posted by Howard B. Owens in batavia, crime, Rochester.

A Batavia man was seriously injured in Rochester on Thursday night when his SUV was struck head-on by an alleged drunken driver.

Jason Juliano, 28, who is a local businessman and active in community theater, is reportedly out of intensive care and is now listed in satisfactory condition at Strong Memorial Hospital, according to the Democrat & Chronicle.

Juliano was driving east on the Inner Loop at 9:35 p.m. when a reportedly wrong-way driver hit his SUV and then a third SUV plowed into the collision.

According to the D&C, Juliano suffered a broken femur and head and facial injuries.

The alleged wrong-way driver, Evangaline Roscoe, 38, of Rochester, is being charged with DWI.

February 17, 2012 - 11:39am
posted by Howard B. Owens in crime, Le Roy, Grand Jury, bergen.

Stephen I. Stone is indicted on a charge of predatory sexual assault against a child, a Class A-II felony. Stone is accused of committing a sexual act against a child of less than 13 during the summer of 2011.

Brett A. Simcick is indicted on a count of felony DWI. Simcick is accused of driving drunk Sept. 4 on Munson Street, Le Roy.

Matthew C. Higgins is indicted on a count of felony DWI. Higgins is accused of driving drunk Oct. 21 in the Town of Le Roy.

Matthew R. Klump is indicted on counts of felony DWI and driving with a BAC of .18 or greater. Klump is accused of driving drunk Oct. 8 on Clay Street and Myrtle Street, Le Roy.

February 17, 2012 - 10:23am
posted by Howard B. Owens in batavia, crime, byron.

Joshua Tyrise Lyons, 18, of Fellows Avenue, Syracuse, is charged with petit larceny. Lyons is accused of stealing a Valentine's present from a location in a common area at Genesee Community College.

Andrew DeMara Hewitt, 27, of Skyline Circle, Brockport, is charged with petit larceny and trespass. Hewitt was arrested on a warrant out of the Town of Byron Court. Hewitt is accused of stealing scrap metal from a location in Byron. Hewitt was jailed on $250 bail.

Christopher Patrick Ball, 29, of Ellicott Street Road, Batavia, is charged with criminal contempt, 1st. Ball is accused of contacting a person he was ordered not to contact.

February 16, 2012 - 5:33pm
posted by Howard B. Owens in crime, Oakfield.
Steven Mullen Robert Propst

Two men are in custody after an alert neighbor on Weatherwax Road in Oakfield spotted a possible burglary in progress this morning and called in a description of the vehicle as it left the scene.

A Town of Oakfield worker heard the description of the red Dodge Dakota on his radio and spotted the vehicle as it turned from Route 262, heading south on Route 63, and contacted dispatchers. He or another witness reported the vehicle turned onto Galloway Road.

Within minutes, troopers Holly Hansell and Stephen Kosowski were on scene and stopped the vehicle on South Pearl and Batavia Oakfield Townline roads.

Taken into custody on suspicion of burglary in the third degree were Steven Mullen, 25, of 3035 Maple Ave., Oakfield, and Robert Propst, 31, of 9 Raymond St., Batavia.

Mullen was jailed on $10,000 bail and Propst is being held pending arraignment in Genesee County Court.

February 16, 2012 - 10:47am
posted by Howard B. Owens in batavia, crime, elba.

Patricia M. Anderson is indicted on two counts each of criminal sale of a controlled substance, 3rd, possession of a controlled substance, 3rd. Anderson is accused of selling cocaine March 4 at 355 W. Main St., Batavia, and again on March 16 at 312 Ellicott St., Batavia.

Shuvon J. Williams is indicted on counts of criminal contempt, 1st, criminal contempt, 2nd, and endangering the welfare of a child. Williams is accused of violating an order of protection on Sept. 22 and acting in a manner likely to be injurious to the physical, mental or moral welfare of a child.

Tremaine J. Halftown is indicted on a charge of criminal contempt, 1st. Halftown is accused of violating an order of protection on Dec. 24.

Christopher M. Lambert is indicted on a charge of burglary, 2nd. Lambert is accused of illegally entering a property in Elba on Aug. 14 with the intent of commiting a crime.

John W. Hackett is indicted on counts of felony DWI and driving with a BAC of .08 or greater and aggravated unlicensed operation. Hackett is accused of driving drunk Oct. 8 in the City of Batavia.

February 16, 2012 - 8:14am
posted by Howard B. Owens in crime, dwi.

It's apparently getting easier for drunken drivers to avoid DWI checkpoints so the governor's office is funding an experimental program for "enhanced" checkpoints.

Genesee County has been selected, along with Erie and Westchester, as one of three counties statewide to test the program, according to Assistant County Manager Frank Ciaccia.

The Ways and Means Committee voted Wednesday to approve acceptance of a state grant of $21,755 to fund the operation of six enhanced roadblocks.

Unlike most grants, where the state sets the amount of money it will make available, local officials were able to determine a budget for the program and tell the state how much it needed.

The enhanced checkpoints will be multi-agency efforts, involving the Sheriff's Office, State Police, Batavia Police Department and the Le Roy Police Department.

At each of the six checkpoints, the lead agency will set up and run the roadblock while patrols from other participating agencies will prowl the streets around the checkpoint looking for drivers who are seemingly trying to avoid getting stopped.

Ciaccia said drivers have learned to look ahead for checkpoints, see the lights, and make a turn to avoid them, but there are also apps available now that people can download to their smartphones that will give them advance warning of checkpoints.

For Android phones, there are at least a half-dozen such apps available and Google has reportedly refused to block their distribution.

In June, Apple announced it would ban such apps for the iPhone, but an app called DUI Dodger is currently available for $2.99 in Apple's App Store.

Legislator Ray Cianfrini, an attorney, expressed concern that the enhanced checkpoint program may run into legal issues because, for example, not everybody making a left-hand turn is doing so to avoid a checkpoint.

"Anybody who doesn't go through a roadblock is now suspicious?" Cianfrini said. "Innocent people who have nothing to hide are going to get dragged into the whole thing and I'm not comfortable with the concept."

No dates were announced for the checkpoints.

The Sheriff's Office will act as lead agency on four checkpoints, and Batavia and Le Roy will each conduct one.

February 15, 2012 - 8:35am
posted by Howard B. Owens in crime, byron, pembroke, bergen.

Lee Uzarowski, 44, of South Lake Road, Pembroke, is charged with criminal mischief, 4th, and harassment, 2nd. Uzarowski is accused of punching a woman in the face and taking her mobile phone when she attempted to call 9-1-1. He was jailed on $1,000 bail.

Sean Allen Kota, 18, of Byron Holley Road, Byron, and a 17-year-old of Warboys Road, Bryon, are charged with petit larceny. Kota and his companion are accused of stealing beer from the Bergen Sugar Creek Store. From a separate incident, Kota is also charged with criminal mischief, 4th. At 2:47 a.m., Jan. 28, Kota allegedly drove his vehicle through a yard on West Bergen Road causing damage.

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