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September 14, 2012 - 10:41am
posted by Billie Owens in batavia, crime.

Attention citizens! Police are on the scout for a large blue garbage truck with a heavy drill press in the back of it. The drill press was allegedly stolen about 20 minutes ago from 35 Jackson St. in the City of Batavia. According to the caller, the truck pulled up, winched up the drill press, put it on the big blue garbage truck and left. The caller then contacted the landlord and was told no permission was given to anyone to remove the equipment. So, the dispatcher said, "If you see a blue garbage truck, look for a drill press in the back." Then call the cops. The Thruway Authority is being notified to be on the lookout for the vehicle.

UPDATE 10:47 a.m.: No direction of travel was given and no information about whether there are any graphics -- lettering -- on the truck. There were a lot of blue garbage trucks making their rounds in the city today. The disposal service in Orleans County uses blue trucks, too, and if this vehicle was stolen from that company, an officer says dispatch should expect to be getting a call from them.

UPDATE 10:59 a.m.: The truck with the heavy drill press in back has been located. It's a PSI garbage truck, which will be returning to 35 Jackson St. to put back the drill press. The driver told authorities "he thought the item was trash because it was sitting next to the Dumpster." (Well, it's still bulk item pickup time in the city -- at least until Oct. 1.) Police are going to meet the driver on Jackson Street.

September 14, 2012 - 9:46am
posted by Howard B. Owens in batavia, crime.

A Batavia resident accused of dealing drugs after police found 44 glassine bags of crack cocaine in his car and then later got into a fight in jail, will serve up to seven years in prison.

Milton H. Simmons III, 29, of 75 Franklin St., Batavia, was sentenced in Genesee County Court on Thursday.

Simmons was originally arrested in April when police responded to the parking lot of a West Main Street business for a report of a fight involving a knife. A subsequent search of Simmons' uncovered the crack cocaine.

As police transported Simmons from the courthouse to the jail, Simmons allegedly tried to escape and had to be restrained with the assistance of deputies at the court facility.

In July, Simmons punched another Genesee County Jail inmate in the face causing the inmate's denture plate to break.

The sentence handed down Thursday covers the multiple charges against Simmons, which included criminal possession of a controlled substance, 3rd, attempted escape and assault.

Judge Robert C. Noonan sentenced Simmons to three years in prison on one charge, and two to four years on another charge, with the sentences to be served consecutively.

September 14, 2012 - 9:29am
posted by Howard B. Owens in batavia, crime, Le Roy.

Antonio Lester James, 21, of Avenue A, Rochester, is charged with grand larceny. James is accused of placing more than $2,400 worth of printer ink and electronic merchandise in a plastic tote while in Walmart and then running from the store. James was subsequently charged with promoting prison contraband, 2nd. While being processed into the Genesee County Jail, James was allegedly found in possession of a small amount of marijuana.

Matthew Thomas Allen Banks-Jubert, 18, no residence, was arrested on a warrant for alleged violation of probation. Banks-Jubert was interviewed by the Buffalo PD on an unrelated matter and arrested on a warrant out of Town of Batavia Court for alleged violation of probation. Banks-Jubert was jailed on $1,000 cash bail or $2,000 bond.

Samantha L. Johnson, 25, of Ellicott Street, Batavia, is charged with petit larceny. Johnson is accused of stealing more than $100 in merchandise from Kmart.

Todd Michael Sirianni, 43, of North Fraley Street, Kane, Pa., was arrested as a fugitive from justice from McKean County, Pa. Sirianni was being held in the Genesee County Jail and with his local case completed, he was arraigned on an alleged violation of probation charge out of McKean County in Town of Batavia Court and held pending extradition.

Joanne Jefferson, 53, of Gilbert Street, Le Roy, was arrested on a bench warrant for alleged violation of probation. Jefferson was arrested in the Village of Le Roy, arraigned in county court and released.

September 12, 2012 - 8:53am
posted by Howard B. Owens in crime, Pavilion.

A Pavilion mother, charged just three months ago with driving drunk with children in her van, has been arrested again and charged with same crime.

Angela A. Kruse, 40, is again facing a felony DWI charge following a one-car rollover accident on Taylor Road in Covington on Sept. 8.

Kruse allegedly had her 5-year-old daughter in the vehicle.

In late June, Kruse was arrested in Le Roy after State Police received a tip that she was driving drunk with her child in her car. The felony DWI count, under Leandra's Law, is still pending in Genesee County.

Last week, State Police in Warsaw responded to the accident and were told a woman and a small child had fled the scene.

Kruse and the child were located at a residence on Morrow Road.

Both mother and daughter suffered minor injuries and were taken to Wyoming County Hospital.

Following arraignment in Covington Town Court, Kruse was jailed on $15,000 bail.

September 11, 2012 - 2:14pm
posted by Howard B. Owens in batavia, crime.

A convicted child molester sentenced just last week to 15 years in state prison faces a new first-degree sexual abuse charge.

James Little Jr. was arraigned in Batavia City Court this afternoon on the single count.

Det. Kevin Czora said the new charge reflects the alleged discovery of a second child sexual abuse victim. The second alleged victim is elementary school age.

There is only the one charge now pending against Little and Czora does not anticipate any further charges, and to the best of his knowledge there are no further victims.

The alleged abuse took place in March, Czora said, which is the same time frame Little abused a toddler in the city.

Recently, Beverly Hensel, 53, of 8921 Alleghany Road, Pembroke, was arrested and charged with possession of a sexual performance of a child. In a deposition, Little said he first received a DVD of child pornography from Hensel in January 2009.

Little's case was set for a preliminary hearing at 11 a.m., Nov. 13. Little remains in the Genesee County Jail awaiting transfer to state prison.

September 11, 2012 - 1:58pm
posted by Billie Owens in batavia, crime.

Police are responding to Batavia Commons to search for a man who allegedly stole a whole grocery cart of beer from Tops Market. The suspect is white and wearing a football jersey. He has a red car, possibly a Firebird.

UPDATE 2:22 p.m.: The car is now believed to be maroon in color. The driver is further described as wearing a blue jersey with the number 5 on the back, denim shorts and white sneakers. He's with a female who is supposedly barefooted.

September 11, 2012 - 9:53am
posted by Howard B. Owens in batavia, crime.

DNA test results have allegedly linked a Batavia man already suspected of stealing from a church with two more church burglaries over the summer.

John Anthony Cabrera Jr., 22, will be arraigned in city court today on two more counts of burglary in the third degree.

According to police, DNA samples gathered at the scene link Cabrera to break-ins at the First Baptist Church, 306 E. Main St., Batavia, and St. Mary's Church, 18 Ellicott St., Batavia.

Both burglaries occurred July 8.

Cabrera was allegedly caught in the act of burglarizing St. Paul's Lutheran Church on Washington Avenue on July 23.

Two days later, Cabrera allegedly escaped from the Genesee County Jail, but was apprehended before he could leave the building.

September 10, 2012 - 10:49pm
posted by Howard B. Owens in batavia, crime, Le Roy, Grand Jury.

John H. O'Shea is indicted on counts of burglary in the third degree and grand larceny in the third degree. O'Shea is accused of breaking into a residence on North Street in Le Roy and stealing items valued in excess of $3,000, including tools, brass fittings, copper wire, bronze manifolds, a galvanized garbage can, a tool bag and a camera.

Tammy M. Chojnacki is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Chojnacki is accused of driving drunk March 24 on Route 33 and Pike Road, Batavia. Chojnacki was previously convicted of DWI in Attica in October, 2007.

Jason W. Wolf is indicted on counts of felony DWI, felony driving with a BAC of .18 or greater and aggravated unlicensed operation in the first degree. Wolf is accused of driving drunk on Route 77 on March 18. Wolf has a prior DWI conviction in Septermber, 2007.

September 10, 2012 - 12:17pm
posted by Billie Owens in batavia, crime.

A caller tells dispatch his girlfriend was "jumped" about 15 minutes ago by a man near Jackson Street and Dawson Place. The suspect then ran into some bushes. He is described as black, with a "salt and pepper goatee," wearing black shorts and a black sweatshirt. Police are searching for him now.

UPDATE 12:25 p.m.: The suspect was last seen headed eastbound on the railroad tracks. Mercy medics are responding to the scene for the victim's possible shoulder injury.

UPDATE 12:46 p.m.: The 24-year-old victim is very distressed and is being transported to UMMC complaining of shoulder pain and experiencing an anxiety attack.

September 10, 2012 - 11:40am
posted by Howard B. Owens in crime, Darien.

On Saturday, concurrent with the Zac Brown concert at Darien Lake, members of the State Police, Genesee County Sheriff's Office and Wyoming County Sheriff's Office conducted a joint DWI checkpoint on Route 77 at the county border.

The following arrests were made:

Timothy K. Toper, 26, of Newburn, NC, was charged with unlicensed operation, felony DWI and felony aggravated unlicensed operation. Toper allegedly tested for a .15 BAC. Toper allegedly tried to evade the checkpoint. He was arraigned in Darien Town Court and committed to the Genesee County Jail.

Elizabeth L. Gugino, 37, of Angelica, is charged with DWI. Gugino allegedly had a BAC of .11. Gugino was arraigned in Town of Bennington Court and released.

Paul S. Martinez, 33, of East Aurora, is charged with DWI and refusal of a breath test. Martinez was arraigned in Town of Bennington Court and released.

September 10, 2012 - 11:07am
posted by Howard B. Owens in batavia, crime, Oakfield, Darien, Le Roy, Stafford.

Andrew Zimba Perdock, 25, of 17 Holland Ave., lower, Batavia, is charged with petit larceny. Perdock is accused of shoplifting from Tops. He is also charged with menacing, 2nd, and attempted petit larceny. Perdock was observed allegedly putting merchandise in a backpack while inside Walmart. After Walmart were alerted to the situation, Perdock reportedly removed the items from the backpack. Perdock allegedly displayed a knife with the blade showing while in the presence of Walmart employees.

Brian J. Lambert, 30, of 1 Prune St., Batavia, is charged with petit larceny and trespass. Alert Cedar Street residents spotted a suspicious vehicle pull behind Arctic Refrigeration and observed an individual allegedly stealing scrap metal. Lambert was later located at his residence and the allegedly stolen property was recovered and returned.

Alexis A. Czaja, 30, no permanent address, is charged with petit larceny. Czaja is accused of shoplifting from Tops.

Kristine Szumigala, 38, of 260 Ross St., Batavia, is charged with petit larceny. Szumigala is accused of shoplifting from Dollar General.

Samantha A. Bowles, 22, of 33 Williams St., Batavia, is charged with disorderly conduct and resisting arrest. Batavia PD officers received a report of loud noise coming from a residence on Williams Street. On call back, the person making the complaint reported a physical altercation. Upon arrival, officers made contact with Bowles, who was described as agitated and irate. Bowles reportedly pushed past officers during questioning. Bowles reportedly physically struggled with officers while being taken into custody.

Steven N. Utter, 26, of Route 96, Waterloo, and Cory A. Miles, 34, of County Line Road 13, Shortsville, are charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument. Utter and Miles were arrested following an investigation by Deputy Brad Mazur and Deputy Jason Saile into a suspicious vehicle at Wilson Farms on South Lake Road, Pavilion. Both men were jailed on $2,000 bail.

Joseph C. Wind, 42, of Horseshoe Lake Road, Stafford, is charged with grand larceny, 4th. Wind is accused of stealing $4,000 cash while employed at The Home Depot.

Brandy R. Douglas, 33, of South Main Street, Elba, is charged with petit larceny. Douglas is accused of shoplifting $48 in merchandise from Target.

Patrick D. Moore, 34, of Strouts Road, Elba, is charged with petit larceny. Moore is accused of shoplifting $29.99 in merchandise from Target.

Brett M. Doran, 21, of East Main Street, Le Roy, is charged with obstruction of breathing and harassment, 2nd. Le Roy PD responded to a report of a disturbance where a female was heard screaming to stop choking her. Doran is accused of kicking the female in her face and choking her during an argument. Doran was jailed on $500 bail.

Kyle Andrew Bilby, 22, of North Pearl Street, Oakfield, and Adam Andrew Dixson, 22, of Cary Avenue, Oakfield, are charged with criminal possession of marijuana, 5th. Bilby and Dixson were arrested after Deputy Patrick Reeves stopped to check on a suspicious condition at St. Cecillia Cemetery and allegedly found the defendants smoking, and in possession of, marijuana.

Darrel D. Smith, 56, residence not listed, is charged with criminal possession of a controlled substance, 7th, and DWAI. Smith was stopped by State Police at 3:16 a.m., Saturday, on Route 77, Darien.

September 9, 2012 - 12:15pm
posted by Howard B. Owens in crime, darien lake, Darien.

The following people were arrested at the Zac Brown Band concert at Darien Lake Performing Arts Center on Saturday.

Anthony M. Cipoletti, 22 of Neal Road, Endicott, is charged with trespass after allegedly refusing to leave the concert venue when told to leave on several occasions. Cipoletti was arraigned and jailed on $250 bail.

Chris R. Daily, 26 of Lyman Street, Brockport, is charged with trespass after allegedly refusing to leave the concert venue when told to leave on several occasions. Daily was arraigned and jailed on $250 bail.

Michelle M. McCloskey, 28 of Common Road, Angellica, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave.

Daniel J. Broderickage 19 of Grandview Avenue, White Plains, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave.

Elise M. Stegalage 28 of Green Gate Circle, East Amherst, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave.

Beau J. Payneage 21 of Ditch Road, Gasport, is charged with harassment for allegedly striking a security guard as the guard was attempting to break up a fight inside the concert venue.

Francesco Gaetano, 20 of Shorecliff Drive, Rochester, is charged with possession of a fictitious drivers license.     

The following people received citations for allegedly possessing or consuming alcohol under age 21.

Alexandra J. West, 19, of Caywood Drive, Fairport
Jennifer R. Papich, 20, of Bruno Drive, Indianola, Pa.
Rachel C. Lemoine, 19, of Middlebury Road, Webster
Mark A. Cuitan, 19, of Hyacinth Street, Westbury
Daniel C. Grossi, 19, of Taft Avenue, Lynbrook
Jesse D. Rohing, 20, of Hess Road, Appleton
Marhall E. Rohing, 18, of Hess Road, Appleton
Brendan A. Provensano, 20, of Hinsdale Drive, Niagara Falls, Ontario, Canada
Patrick A. Jones, 19, of Patricia Drive, Tonawanda
Ryan E. Kaufman, 19, of Park Haven Drive, Amherst
Zachary D. Halor, 20, of Dawn Avenue, Angola
Katie M. VanDusen, 20, of Berehaven Street, Amherst
Nicole M. Vendetti, 20, of Northwood Drive, Rochester
Daniel J. Broderick, 19, of Grandview Avenue, White Plains

September 8, 2012 - 2:00pm
posted by Billie Owens in batavia, crime.

Children with shovels are reportedly digging holes in the baseball field at John Kennedy School. City police are responding.

September 7, 2012 - 7:16pm
posted by Billie Owens in batavia, crime.

Kids are reportedly "throwing bowling balls down the street" by 22 Tracy Ave. in the city and the caller would like them spoken to, although they are not performing the mischief at this time.

September 7, 2012 - 6:28pm
posted by Billie Owens in crime, bergen.

A highly agitated man, pounding the dashboard and waving a gun, is reportedly driving westbound on Route 33 from Route 19. He's behind a white school-bus-like van. Sheriff's deputies are responding.

UPDATE 6:31 p.m.: He was originally spotted on Route 490 coming out of Churchville. He is reportedly driving a black Jeep and is now being stopped by an officer. The Jeep was stopped on Route 33 near Old State.

UPDATE 6:33 p.m. (by Howard): The deputy who stopped the Jeep doesn't believe it's the involved vehicle and is clear of the stop. There is no license plate, or partial plate available on the vehicle. Additionally, and unrelated, another caller reports a group of motorcycles coming from the 490 onto Route 33, and that while on the 490, some had been doing "wheelies and other stunts."

UPDATE 6:37 p.m. (by Howard): A deputy is also on the look out for a white school-bus-like minivan that was reportedly behind the black Jeep at one time to see if the driver has any information. The original caller is no longer following the Jeep.

UPDATE 6:39 p.m.: The Jeep is described as black with a gray two-tone on the bottom.

September 7, 2012 - 4:55pm
posted by Billie Owens in batavia, crime.

A fight is reported involving several individuals in front of 161 Bank St. Police are on scene. One person is said to have a gun, but a gun has not been displayed.

September 7, 2012 - 4:45pm
posted by Howard B. Owens in batavia, crime, pembroke.
Beverly Hensel James Little

A convicted child molester told police, according to court documents, that he obtained six child pornography DVDs from a 53-year-old woman from Pembroke.

That accusation is contained in a statement filed in Pembroke Town Court in support of the arrest of Beverly Hensel, 53, of 8921 Alleghany Road, Pembroke. Hensel was charged with one count of possession of a sexual performance of a child following an investigation by Batavia PD.

According to James L. Little Jr., 41, formerly of Batavia, he first met Hansel in November 2007 at the Genesee House in Corfu.

"Bev knew I was having certain feelings," Little wrote in his deposition. "Bev gave me my first child porn DVD around January of 2008."

Earlier this week, Little was sentenced to 15 years in state prison followed by 20 years of release under supervision for sexually abusing a 2-year-old child in Batavia over a three month period.

Det. Kevin Czora said Little's stash of child porn DVDs were uncovered in a search of Little's residence when he was arrested for molesting the toddler. When questioned, Little named Hansel as the source of the DVDs.

"She acquired it for him," Czora said.

As far as Czora knows, he said, he isn't aware of Hensel downloading child porn prior to meeting Little, or providing child porn to any other people, or that Little had ever obtained child porn from any other source before meeting Hansel.

Czora does not believe Hansel received any compensation for the alleged child porn DVDs.

Over a two-year period, Little said he received DVDs with such titles as "X," "Gay Boys 6/3/09," "XXX July 13, 2009" and "Fun 08/27/09."

He said in September 2009 he was at Hansel's house and he saw two desktop computers in her basement.

He wrote, "She said one was hers and the other was her husband's."

During the execution of a search warrant at the Hensel residence Aug. 15, weapons were reportedly found and Frederick Hensel Jr. is being charged with four counts of criminal possession of a weapon.

September 7, 2012 - 3:55pm
posted by Howard B. Owens in batavia, crime.

A former Batavia resident who admitted to filing a false social services claim was sentenced in Genesee County Court today to one-and-a-half to three years in state prison.

Michael Schramm, 36, entered a guilty plea July 13 to offering a false instrument for filing.

He was arrested in May along with his wife, Deborah Schramm, and accused of submitting claim forms with DSS for temporary assistance and food stamps.

As part of his sentence, Schramm must repay the county $17,026.39.

Schramm failed to report full-time employment at a farm in Niagara County.

He will be disqualified from receiving temporary assistance and food stamps in the future.

Deborah Schramm is scheduled to be sentenced Oct. 10.

September 7, 2012 - 8:50am
posted by Howard B. Owens in batavia, crime.

Daniel Roger Sumeriski, 26, of Liberty Street, Batavia, is charged with petit larceny, criminal tampering, 3rd, and harassment. Sumeriski was arrested in the Family Court lobby on a bench warrant out of Town of Batavia Court for alleged failure to pay a fine.

Sarah Lee Marcello, 20, of South Swan Street, Batavia, is charged with petit larceny. Marcello is accused of shoplifting $76.65 in merchandise from Kmart.

September 6, 2012 - 12:35pm
posted by Howard B. Owens in crime, byron.

A teenager who drove a black golf cart without lights on a darkened public highway before it was rear-ended by a car, killing her boyfriend, will serve six months in jail and be placed on probation for five years.

Judge Robert C. Noonan called the case a tragedy -- the actions of Cortney L. Greene, 19, of Bryon, "stupid," -- but also noted the support Greene has received from friends, family, teachers, and the parents of her victim, Zachary J. Rusin, 18, of Holley, figured into his sentencing decision.

Greene was also granted youthful offender status by Noonan, meaning if she stays out of trouble over the next five years, she won't have a felony conviction on her record.

Rusin's mother, Tracy, told Noonan she wanted to see Greene have a chance to teach other teenagers about the dangers of drinking and driving.

"He loved and cherished Cortney," Tracy Rusin said. "He always got a big smile on his face when he heard her name.

"I lost my son," she added, "and I love Cortney and I respect her. She knows what happened was wrong and I would like to help her educate people. I'm going to stand beside her every step of the way. It's hard for a parent to go through this, and I know she's going through the same thing."

While Rusin spoke, a couple of times, Cortney, standing beside her attorney Thomas Burns, wiped tears from her cheeks with the sleeves of her gray sweater.

Greene's sentence could have been just probation, or maybe intermittent jail time, instead of a straight six months, Noonan indicated, but he said it wasn't clear Greene has really learned her lesson. Twice, Noonan said, Greene violated the terms of her release under supervision contract with Genesee Justice since pleading guilty June 11 to negligent homicide and driving under the influence of drugs and alcohol.

District Attorney Kevin Finnell said he's never seen such an outpouring of support for a defendant. He said people he knows and respects would stop him on the street and express support of Greene.

"It would be very easy for me to request incarceration based on the nature of the offense," Finnell said. "Out of respect for Mrs. Rusin and James Rusin, the father of Zach Rusin, I won't do that. Neither of them are asking for state prison."

Finnell made no sentencing recommendation, though he questioned whether Greene has reached the point in her life where she's making correct decisions.

Noonan received 24 letters of support for Greene from people in the community and more than two dozens supporters sat in the courtroom today.

Many sobbed after Noonan informed Greene she was going to jail for six months, starting today.

When Noonan told Greene the sentence was imposed because of her "misconduct" while awaiting sentencing, and that the sentence might give her time "to think long and hard about her conduct," Greene said softly, "I understand."

Burns requested Greene be granted probation and youthful offender status -- she was 18 at the time of the accident, making her eligible for YO -- because, he said, Greene has dreamed of, and has been working toward, becoming an elementary school teacher. A felony conviction would keep her from obtaining teaching credentials.

Greene loves working with children and looks forward to "teaching her own children and the children of other mothers some day."

He described a client who has tried not to show how upset she is by the events of Nov. 26, but said Greene is an emotional wreck who still hasn't truly come to terms with the enormity of the tragedy.

"It isn't just the use of substance that night," Burns said. "Even without the use of those substances, what she did when she drove that vehicle on that dark road created criminal recklessness."

Later, he added, "There was no malice in her, but there was certainly negligence in her action, and criminal negligance."

When Noonan asked Greene if she had anything to say, she responded with a terse, "Nothing, sir."

Noonan said he has thought long and hard about this case and read every letter and every document associated with it.

He said the Probation Department report recommended treating her as an adult and sending her to state prison.

"If we were to do that on either of these counts, I feel quite confident it would not be disturbed by any other court," Noonan said.

However, Noonan said, he did not intend to hinder Greene's ambition to become a teacher.

"I would agree that the levels of drugs and alcohol in your system were not as great as some of the cases I see every day," Noonan said. "Your levels were very nominal. You were not somebody out there blasted beyond the ability to know what's going on around you.

"But," Noonan added, "Your decision to go out in a black golf cart on a darkened public highway and put yourself and your boyfriend in harm's way had to have something to do with the drugs and alcohol in your system to make you make such a stupid decision."

He said by all indications, Greene's behavior that night was out of character for her.

"Lord knows your decision on that night was stupid and resulted in a terrible, terrible tragedy," Noonan said. "It is just heartbreaking to everybody in this courtroom."


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