Batavia police responded to Jackson Street after receiving a complaint by a woman who says a man on the street threw things at her, knocked her down and threatened her with a knife. She said he then went and sat out on a nearby porch. Police are out with the suspect at 113 Jackson St. This was not a domestic violence call.
A woman from Akron is accused of selling crack cocaine to an agent of the Genesee County Drug Enforcement Task Force on Friday afternoon in the Village of Oakfield.
The woman and a passenger in her vehicle were allegedly found in possession of drugs and cash when they were arrested.
Taken into custody were Cindy Ann Battistoni, 41, of Greenbush Road, Akron, and Sakeel D. Hilson, 20, of Stevens Avenue, Buffalo.
Battistoni was allegedly found in possession of crack cocaine and marijuana.
Hilson was allegedly found in possession of crack, morphine and $1,050 cash.
The charges against Battistoni are criminal possession of a controlled substance, 3rd, unlawful possession of marijuana, criminal using drug paraphernalia, 2nd, and aggravated unlicensed operation.
Hilson is charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, and criminal possession of a controlled substance, 7th.
Both suspects were arraigned in Oakfield and jailed on $25,000 bail each.
Task force members were assisted by uniformed deputies and the District Attorney's Office.
A fight involving several people is reported in front of 55 Mill St. Le Roy police are responding. The caller said the brawlers are "rolling around on the ground."
Kristen L. Brightenfield, of South Byron, and James M. Kavanagh, 23, of Chili, are charged with one count each of burglary, 3rd and grand larceny, 4th. Brightenfield and Kavanagh were arrested following a lengthy investigation by Le Roy PD into a burglary in April 2012 at the old Jell-O Factory, 57 North St., Le Roy.
John O'Shea was arrested for the burglary shortly after it occurred and is currently serving a sentence in State Prison. Brightenfield and Kavanagh are accused of being accomplices. Investigators executed a search warrant at a location in Monroe County and allegedly recovered stolen property. DNA evidence linking Brightenfield and Kavanagh to the crime was also reportedly found at the scene. Both suspects were arraigned and released on their own recognizance.
Rachel Lynne Chatley, 18, of Angling Road, Corfu, is charged with petit larceny. Chatley and a 17-year-old friend (name withheld by the Sheriff's Office) are accused of shoplifting $115.55 worth of merchandise from Walmart.
Christopher John Naugle, 44, of Appletree Avenue, Bergen, is charged with harassment, 2nd, and unlawful possession of marijuana. Naugle is accused of throwing a lit cigarette at another person and hitting that person in the face with it. During the investigation, Naugle was allegedly found in possession of marijuana and a pipe with marijuana inside of it. Naugle was jailed on $300 bail.
The case of Stephen R. Barbeau, town supervisor for Le Roy, will be heard in Bethany Town Court, Judge Robert C. Noonan ruled this afternoon.
Barbeau is charged with second-degree harassment for allegedly pushing local business man Peter A. McQuillen to the ground during a heated discussion on McQuillen's property in August.
Noonan granted the motion for a change of venue because both judges in Le Roy, Darryl Sehm and Dan Dimatteo, recused themselves from the case and the ADA for Le Roy, Kevin Finnell, has a conflict of interest.
Barbeau nor this attorney Larry Andolina appeared in court on the matter.
No date for Barbeau's next court appearance was set.
Previously:
An Alexander man already serving time in state prison on charges out of Wyoming County was sentenced today on a burglary conviction out of Genesee County.
Nicholas Antonucci entered a guilty plea in June to a charge stemming from a violation of a court order. The order barred Antonucci from seeing a particular person and since he entered the residence with the intention of violating that order, his entry was charged as a burglary.
As part of a plea deal, other pending criminal charges and uncharged crimes in Genesee County were dropped.
The deal limited any sentence handed down by Judge Robert C. Noonan to prison time served concurrently with his Wyoming County sentence, which is two-and-a-third to seven years.
Noonan gave Antonuccie a two-year sentence.
Law enforcement is scouring the vicinity of Walmart following a reported larceny at that store. The subject of the search is a blond, white female, about 25 years old, wearing a "blue sparkly" shirt. She was seen within the last 15 minutes trying to get into a 2007 white Saturn Vue, but when she realized she was being pursued, she fled on foot. She was last spotted behind Office Max. (The vehicle is described by the manufacturer, now Chevrolet, as a compact SUV crossover.)
UPDATE 12:16 p.m.: Officers believe they have located the suspect at her residence in Le Roy. (The vehicle, driven by a possible accomplice, is registered to a person in Le Roy, too.) The landlord told officers that the tenant entered the dwelling and was not seen leaving, but she's allegedly not answering the door. "We'll get a warrant," one officer tells another.
UPDATE 12:32 p.m.: The suspect is in custody.
Two former Le Roy residents are facing possible jail sentences of up to six months in jail after entering guilty pleas today on charges related to a scuffle with law enforcement June 17, 2012.
While Elaina Mead and Donald Mead entered guilty pleas, they did not admit to any wrongdoing under terms of what's known as an Alford Plea.
The plea is intended as an admission that they would likely be convicted by a jury based on the available evidence without saying they did the actual deeds alleged under the charge.
Elaina Mead is accused of holding a knife to the chest of a Sheriff's deputy and Donald Mead is accused hitting the deputy at least six times with a heavy wooden door.
Elaina entered a guilty plea to a charge of menacing a police officer and Donald entered a guilty plea to a charge of attempted assault.
Both will be sentenced at 9:30 a.m., Dec. 4.
The alleged crimes occurred after Deputy Matthew Butler arrived at their home late that Father's Day to interview Michael Mead about an alleged violation of a court order. When he attempted to place Michael under arrest, Donald allegedly started hitting him with the door. The melee spilled into the yard and Elaina alleged exited the house with a kitchen knife.
Le Roy Police Officer Emily Clark reportedly knocked the knife away and suffered a minor cut on her hand as a result.
Elaina initially entered a guilty plea in January but then later withdrew and asked for a new attorney. Today was the plea cutoff date imposed by Judge Robert C. Noonan for the Meads to either accept a plea deal or take the case to trial.
A caller complains to dispatch that a young male about 20 years old is riding a brown four-wheeler up and down the middle of Tesnow Road and he is not wearing a helmet, a shirt, nor shoes. A Sheriff's deputy is responding. Tesnow Road straddles Alabama and Pembroke.
A 16-year-old Le Roy resident is accused of taking a 2000 Dodge Stratus on a joy ride overnight and when he allegedly failed to put it in park when he fled the car, the car rolled into a Sheriff's patrol vehicle.
Charged with unauthorized use of a vehicle and unlicensed operation is Daniel Alden Faville, of West Main Street, Le Roy.
Faville was allegedly operating the car on Route 5 in the village at 3 a.m.
He reportedly pulled the vehicle onto Craigie Street, where he fled from the car on foot. The car was reportedly not put in park and it rolled into a deputy's vehicle.
Faville was reportedly found later located at his residence where he was taken into custody.
The incident was handled by deputies Frank Bordonaro and Howard Carlson and Officer Dent of Le Roy PD.
Faville was also cited for alleged no headlights, no taillights, unattended motor vehicle and inadequate exhaust.
John Matthew Stassen, 67, of Moscow Road, Hamlin, is charged with petit larceny. Stassen is accused of stealing a gas can full of gas from a vehicle that was parked in the Batavia Downs parking lot at 7:32 p.m., Aug. 26.
Katherine J. Briggs, 34, of 172 S. Main St., #112, Batavia, is charged with criminal mischief, 3rd. Briggs allegedly damaged property of another person during an argument. The alleged incident was reported at 2:16 a.m., Saturday.
Kyle E. Kirtley, 24, of 6 Pine Tree Road, Central Square, is charged with assault, 3rd. Kirtley is accused of punching another person in the head several times causing substantial pain. The alleged incident was reported at 2:16 a.m. Saturday at 172 S. Main St., Batavia. Kirtley was jailed on $1,000 bail.
Tracey Lynn Brewer, 48, of Columbia Avenue, Batavia, is charged with petit larceny. Brewer is accused of shoplifting at Walmart.
Sara Marie Zilliox, 38, of South 7th Street, Lewiston, is charged with unlawful possession of marijuana. Zilliox was charged following a traffic stop at 1:05 a.m. Saturday on Lake Road, Bergen, by Deputy Joseph Corona.
Christine Marie Osborne, 38, of State Street, Batavia, is charged with petit larceny. Osborne is accused of stealing $62.78 in merchandise from Walmart.
Mark Anthony Rebmann, 24, of Exchange Street, Attica, is charged with petit larceny and criminal possession of a controlled substance, 7th. Rebmann is accused shoplifting $24.99 in merchandise from Kmart. During the investigation by Deputy Joseph Graff, Rebmann was allegedly found in possession of heroin.
April Marie Palmer, 27, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a grand larceny, 4th, charge.
Dale A. Hollwedel, 26, of 9983 Francis Road, Batavia, is charged with DWI, refusal to take breath test and drinking alcohol in a motor vehicle. Hollwedel was stopped at 1:42 a.m. Thursday following a complaint in the MacDonald's drive thru by Officer Jason Davis.
Kimberly M Volk, 24, of 111 Liberty St., Apt. A, Batavia, is charged with petit larceny. Volk is accused of shoplifting at Tops.
Willie F. Irvin II, 31, of 22 Trumbull Parkway, Batavia, is charged with harassment, 2nd. Irvin is accused of verbally threatening another person while on State Street. He was jailed on $750 bail.
Jason E. Carpenter, 35, of 137 State St., Batavia, is charged with disobeying a mandate. Carpenter allegedly contacted another person in violation of an order of protection.
Rosemary R. Waters, 27, of 23 Forrest Ave., Oakfield, is charged with criminal mischief, 4th. Waters allegedly picked up a mobile phone from the floor during an altercation and threw it back down, breaking it.
Froylan Hernandez, 26, from California, is charged with trespass. Hernandez was arrested by State Police following a report at 2:14 p.m. Aug. 10 on Wilkinson Road, Batavia. Hernandez was jailed on bail. No further details released.
Maurice G. Leach, 37, of Rochester, is charged with petit larceny. Leach was arrested in the Town of Batavia by State Police. No further details released.
The following individuals were arrested by State Police at 11:30 p.m. Friday at a location in the Town of Bergen, and charged with trespass: Alana M. Diefendorf, 16, Olivia R. Sweet, 16, Jacob M. Hillabush, 19, Danielle C. Zelazny, 17, Joseph T. Burr, 20, Dakota Troy Harlach, 20, Hannah M. Feary, 19, Kyle K. Shultz, 19, Daniel J. Ognibene, 19, Payton V. Conley, 18, Richard S. Streiff, 19, and Matthew C. Ferris, 18. Diefendorf, Sweet, Hillabush, Zelazny and Burr were also charged with possession/consumption of alcohol under age 21.
The following people were arrested during the Rascal Flatts concert at Darien Lake Performing Arts Center on Saturday.
Kelly D. Roth, 23, Hamilton Road, Jamesville, is charged with criminal trespass, 3rd, and disorderly conduct after allegedly reentering the concert venue after being ejected and told not to return and then causing a disturbance in the parking lot. Roth was jailed on $500 bail.
Christopher A. Shoemaker, 21, Ogden Road, Syracuse, is charged with disorderly conduct after allegedly causing a disturbance while being escorted off Darien Lake property. Shoemaker was jailed on $200 bail.
Brandon R. Innes, 18, Stoughon Lane, Orchard Park, is charged with criminal trespass, 3rd, disorderly conduct after allegedly reentering the concert venue after being ejected and told not to return and then causing a disturbance in the VIP parking lot. Innes was jailed on $1,200 bail.
Jessica A. Turner, 19, Taylor Road, Eden, is charged with disorderly conduct after allegedly causing a disturbance while being escorted from Darien Lake property.
Trevor B. Berberian, 19, State Route 80, Tully, is charged with disorderly conduct after allegedly causing a disturbance while being escorted from Darien Lake property.
Kassandra R. Kerves, 24, North Greece Road, Rochester, is charged with disorderly conduct after allegedly causing a disturbance while leaving the concert venue.
Danielle A. Schulik, 22, Alfonso Drive, Rochester, is charged with disorderly conduct after allegedly fighting in the parking lot.
BrittaA. Schulik, 25, Alfonso Drive, Rochester, is charged with disorderly conduct after allegedly fighting in the parking lot.
Daniel R. Clever, 20, Bear Lake Road, Stockton, is charged with disorderly conduct after allegedly fighting with security while being escorted from the concert.
Adam E. Kress, 21, Haseley Road, Gasport, is charged with disorderly conduct after causing a disturbance in the parking lot.
Crystal J. Spurling, 20, Strouts Road, Elba, is charged with unlawful possession of marijuana and possession of alcohol under 21 after allegedly being found in possession of marijuana and alcohol.
Timothy M. Lincourt, 65, Rush-Lima Road, Honeoye, is charged with DWI after allegedly being found operating a vehicle in the parking lot while impaired by alcohol.
Anna M. Jones, 19, Victoria Boulevard, Kenmore, issued a citation for allegedly possessing another’s license after being found in possession of another person's NYS driver's license.
Emily H. Thomson, 17, Kent Street, Queenston, Ontario, Canada, issued a citation for allegedly possessing a fraudulent driver’s license after allegedly being found in possession of a fake British Columbia driver's license.
Eric S. Bagne, 20, Main Street, Walworth, issued a citation for possession of another’s license and possession of alcohol under age 21 after allegedly being found in possession of another person's NYS driver's license and alcohol.
(Name redacted), 16, Rockdale Drive, Amherst, issued a citation for possession of an altered license after allegedly being found in possession of an altered NYS driver's license.
The following people were issued citations for alleged possesion/consumption of alcohol under age 21.
Rachel E. Derosia, 19, Hawley Drive, Webster
Casey I. Balsom, 19, Emerson Drive, Amherst
Michael R. Wneck, 20, Whitney Road, Holland
Jacob G. Savage, 20, Parker Road, Holland
(name redacted upon request), 19, Lapp Road, Clarence Center
Zachary A. Savage, 20, Lewis Road, Holland
Alexis M. Reile, 19, Hunters Creek Road, South Wales
Francesca M. Clemente, 19, Bowen Road, Churchville
Nicholas R. Graham, 19, Elwood Drive, Rochester
Kathryn E. Pietropaolo, 19, Sothery Place, Rochester
Thomas M. Clark, 20, German Road, Ransomville
Ryan D. Brosi, 19, Tyler Terrace, Hilton
Jonathan R. Mcdonough, 17, Sherwood Avenue, North Tonawanda
Kiersten A. Kline, 19, Green Street, Seneca Falls
Courtney L. Fox, 18, Hertle Avenue, Buffalo
James D. Palma, 20, Twin Hills Drive, Syracuse
Margaret K. Bailey, 18, Vernon Place, Buffalo
Olivia M. Sunzeri, 18, Apple Street, Bath
Nicole M. Aldrich, 20, Shoshone Street, Buffalo
Devon M. Reynolds, 18, Knox Avenue, West Seneca
Brianna M. Cordova, 19, Concord Road, Springville
Kirstie M. Dlugosz, 18, South Prince Depew
Dustin C. Nicometo is indicted on a count of burglary, 3rd, and Michael A. Nicometo is indicted on two counts of burglary, 3rd, and one count of grand larceny, 3rd. Together, they are indicted on another count of burglary, 3rd, and two counts of grand larceny, 3rd. The defendants are accused of entering business properties in Le Roy and stealing electrical wiring and components.
Matthew J. Cronin is indicted on a felony count of DWI and felony driving with a BAC of .18 or greater. Cronin is accused of driving drunk March 18 on Route 5 in the Town of Batavia. He is accused of having a prior DWI conviction in 2010 in West Seneca.
Just three weeks after being released from state prison, John J. Saddler, 26, has been accused of attempting to rape a young woman while in a motel room on West Main Street Road, Batavia.
According to state police, the young woman had been hanging out at the motel with friends and relatives Saturday evening when she joined a group of other women who were talking with Saddler in his room.
After awhile, the other women left, leaving the alleged victim alone with Saddler. He allegedly locked the door and tried to force himself on her.
Saddler is charged with attempted rape, 1st, criminal obstruction of breathing, forcible touching and unlawful imprisonment.
While Saddler was allegedly trying to rape the young woman, a group of people who had been with her and Saddler returned to the room and found the door locked.
That was apparently a violation of the motel's rules, according state police, so Saddler opened the door and "acted nonchalant."
The alleged victim later told another woman what happened, but didn't go to the State Police barracks on West Saile Drive until the next day.
According to state police, the woman was hesitant to come forward for fear of reprisals from Saddler's family.
Saddler is being held on bail in the Genesee County Jail.
On Aug. 11, Saddler was released from the Collins Correctional Facility after serving nearly six years on a pair of felony assault charges.
One of the assault charges stemmed from an incident in October 2006. Saddler was accused of assaulting a Batavia police officer and damaging a police vehicle by jumping on top of it after an officer found he possessed marijuana.
Criminal investigators want to know more about this cigar box.
Obviously, it once held 25 Arturo Fuente Flor Fina 858 cigars, but what interests investigators is how it wound up yesterday morning at a location in the Village of Oakfield.
It's location has investigators in the Sheriff's Office thinking it may be related to a recent rash of burglaries in the area.
The box was found shortly after at least three burglaries in the village two nights ago.
The recent series of burglaries have been "pretty nervy," said Investigator Kris Kautz.
The burglars are entering homes when people are home and likely to be awake, such as later afternoon and evening hours, and grabbing anything of value that can be snatched quickly, such as a purse, wallet or a box of potential valuables.
"They're going in when people are home and that's scary stuff," Kautz said. "We don't want something ugly to happen."
The same M.O. has been reported with a series of burglaries in Albion and in one case there, two unidentified young white males were spotted at a time that have investigators thinking they may be involved.
If you are the owner of the box, or if you're the person who placed it where it was found (or know who did place it there), or have other information about the recent burglaries, contact the Sheriff's Office, Investigator Kris Kautz, at (585) 343-5000.
Bonnie S. Olsandi, 44, of 31 Montclair Ave., Batavia, is charged with falsely reporting information about an actual offense/incident. Olsandi is accused of providing false information to police about an actual incident in an attempt to have the wrong person arrested for the alleged crime.
Haley H. Humphrey, 19, of 21 Wood St., Batavia, is charged with offering a false instrument for filing and falsely reporting an emergency. Humphrey is accused of falsely reporting a domestic incident.
Melissa A. Broadbent, 35, of 52 Walnut St., Batavia, is charged with obligation of a parent or guardian. Broadbent was arrested because of alleged curfew violations after her 15-year-old son was apprehended following an investigation of a report that two males were attempting to break into cars near the fire hall. The alleged incident was reported at 11:26 p.m., Sunday. Also charged was Priscilla M. Aiken, 40, of 2 Miller Ave., Batavia.
Joshua R. Hofer, 17, of 67 Mechanic St., Elba, is charged with unlawful possession of marijuana and unlawful possession of alcohol under age 21. Hofer was arrested following an investigation by Batavia PD into a reported disabled vehicle on Walnut Street at 4:07 a.m., Saturday.
Lena M. Evans, 26, of 46 Washington Ave., upper, is charged with petit larceny. Evans is accused of shoplifting at Tops.
Micahel L. Kennedy, 26, of 45 Prospect Ave., Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and driving a vehicle without an interlock device. Kennedy was stopped at 1:05 a.m. Saturday on West Main Street by Officer Felicia Degroot.
Ted E. Kingsley, 40, of 119 State St., upper, Batavia, is charged with petit larceny. Kingsley is accused of stealing an 18-pack of beer from Tops.
Douglas A. Porter, 43, of Basom, is charged with DWI, driving with a BAC of .08 or greater and consumption of alcohol in a motor vehicle. Porter was stopped by Deputy A.J. Previty of the Wyoming County Sheriff's Office at 1:15 a.m. Tuesday on Route 354, Town of Bennington. Previty responded to a report of an erratic driver coming into Wyoming County from Erie County. Porter was jailed on $500 bail.
Elan B. Pire, 24, of Elba, is charged with criminal obstruction of breathing and unlawful imprisonment, 2nd. Pire was arrested by State Police for an alleged incident reported at 8:51 p.m. Saturday in the Town of Byron. No further details released.
The following people were arrested during the Maroon 5 Concert at Darien Lake Performing Arts Center on Wednesday.
Emily L Simmons, 21, North Central Avenue, Springville, is charged with two counts of second-degree harassment after allegedly grabbing a security guard by the head and then kicking several deputies and security guards. Simmons was jailed on $250 bail.
Patrick P. Sheridan, 45, Via Cimato Drive, Clarence Center, is charged with second-degree harassment and resisting arrest after allegedly pushing a security guard and then resisting arrest by refusing to be taken into custody.
David J. Irwin, 49, Pinyon Court, Clarence Center, is charged with two counts of second-degree harassment after allegedly pushing a security guard and then pushing and hitting another security guard in the face.
Joseph M. Ciliberto, 42, Pine Terrace, Orchard Park, is charged with second-degree harassment after allegedly striking a deputy during an investigation. Ciliberto was jailed on $250 bail.
Kara M. Balog, 22, Cochran Avenue, Springville, is charged with second-degree harassment after allegedly pushing a deputy after repeatedly being told to leave the venue. Balog was jailed on $200 bail.
Amanda N. Hayden, 21, Hefner Drive, Webster, is charged with disorderly conduct and second-degree harassment after allegedly causing a disturbance in the venue and then punching a deputy in the chest after being instructed to leave the concert venue. Hayden was jailed on $300 bail.
Amanda C. Snyder, 20, Woodhaven Circle, Hamburg, issued a citation for using another’s license.
The following people were cited for alleged consumption or posession of alcohol under age 21:
Brandi L. Hartman, 19, Railroad Avenue, Arcade
Emily M. Nichol, 20, Celtic Lane, Rochester
Marissa J. Lake, 19, Chesterton Road Rochester
Amber M. Adolf, 19, French Lea Road, West Seneca
The most significant news out of County Court today is that Craig Lawson showed up.
Lawson is accused of hitting Jason McNeil, a former WNY resident living in Alabama, following the Kid Rock Concert at Darien Lake in July.
Following the punch, according to court documents, McNeil's head hit the ground. He was in a coma for more than a week and has been hospitalized since.
Initially, Lawson, who lives in Canada, was charged with a misdemeanor, assault 3rd, and bail was set at a mere $1,000.
Once it became apparent that McNeil's injuries were serious and McNeil might face an upgraded charge, there was concern in the community that Lawson would just skip his next scheduled court appearance.
Last month, a grand jury indicted Lawson on a single felony count of second-degree assault.
Today, Lawson appeared before Judge Robert C. Noonan and pled not guilty.
To win a conviction on an assault, 2nd, charge in New York, a prosecutor must prove that the defendant intended to cause serious physical injury.
Noonan dismissed a similar charge against Jacquetta Simmons in the Walmart case, ruling that the grand jury had not received enough evidence to sustain the assault, 2nd, count (Simmons was convicted by a jury on a subsection of assault in the second degree dealing with hitting and injuring an elderly person).
Mike Ranzenhofer, co-counsel with Buffalo attorney Joel Daniels, for Lawson, said it's hard to compare different cases and until the defense has received all of the supporting documents from the DA's office, it's hard to say if the charge can be supported.
But he expressed skepticism that his client is guilty as charged.
"This is a one-punch situation," Ranzenhofer said. "I don't think anything was intended here. That's pretty clear. But we'll have look at the documents once we get them."
The DA's office is dealing with another reportedly one-punch assault case right now, as well. Last month, Batavia resident Scott Baker suffered a fractured skull when he was punched on Harvester Avenue. In that case, Shane Bell is accused of delivering a single punch that was the direct cause of Baker's injury.
Baker remains in critical condition and in a coma at ECMC.
Lawson is accused of delivering a hit that caused the victim to fall to the ground and hit his head.
Assistant District Attorney Robert Zickl said that of course the DA's office believes it can get a conviction on the crime as charged.
"We're very confident presenting that to the court and ultimately to a jury," Zickl said.
Last week, a page that had been set up by Pam McNeil to supply followers with status updates about her husband's medical condition, reported that McNeil was improving and that she was hopeful he would soon return home to Alabama.
Two nights ago, McNeil complained in a status update that the media was using the page to "harass" her and announced she would be removing the page from Facebook. As of today, the page no longer exists. She offered no details on what she considered harassment.
It took nearly three hours for Benjamin Muntz to find out that Judge Robert C. Noonan would be tacking another two to four years onto his prison term.
In the arcane labyrinth of our judicial system's sentencing guidelines, there was no clear cut answer on what to do with Muntz's case.
It's that complicated.
In January, Muntz entered guilty pleas to counts of burglary, 3rd, and grand larceny, 4th. Rather than show up for his sentencing in March, he flew south. He also became a suspect in another burglary and was charged with another felony.
Eventually, he was caught and returned to Genesee County.
He was sentenced in April by Noonan to three and a half to seven years in state prison and charged with bail jumping.
If the only charges against Muntz were those earlier felonies and the bail jumping, the sentencing guidelines are clear: Any sentence Muntz received on bail jumping would need to be served consecutively (not at the same time, or concurrently) with his other sentence.
As part of a plea deal, Muntz had received a one and a third to three year sentence cap on the bail jumping charge.
The curve for Noonan was that newer burglary, 3rd, charge.
If Noonan gave Muntz another three and a half to seven on that charge, could the bail jumping sentence be concurrent with that sentence, or would it need to be served consecutively?
Noonan didn't have the answer. The attorneys for the prosecution and the defense didn't have the answer. The prison guards who transported Muntz in his DOCs green jumpsuit to County Court today certainly didn't have the answer.
After consulting his law books and case law in chambers and conferring with attorneys -- in between hearing other cases -- Noonan concluded that if the second burglary sentence was consecutive then the bail jumping sentence would be consecutive to that.
In other words, Muntz would be looking at more than eight years and up to 17 years in prison.
Through his attorney, Thomas Burns, Noonan offered Muntz a deal: waive his sentence cap on the bail jumping conviction so Noonan could sentence him at two to four years and Noonan would make his other burglary charge, at three and a half to seven, concurrent with his prior sentence.
Once Burns got it all thoroughly explained to Muntz, with a little assistance from one of the prison guards, Muntz agreed to the arrangement.
For prior coverage on Muntz, click here.
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