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New charge for alleged burglar originally arrested on DNA evidence

By Howard B. Owens

An alleged burglar who was originally indicted just as a John Doe based on a DNA profile from a crime scene, has been charged with another residential theft.

Samual G. Malone, 28, of 36 Walnut St., Batavia, was taken into custody during his appearance in Genesee County Court on his prior charges.

Malone was first arrested in April after a DNA profile from a crime scene was reportedly matched with his DNA. A grand jury had previously indicted the DNA profile on a set of burglary charges because the suspect had not yet been identified but the statute of limitations to file charges was running out.

Today, Batavia PD detectives took Malone into custody on an accusation that on Aug. 27, 2008 Malone entered an occupied dwelling by a side window and stole pieces of a drum set, including the bass drum, a snare and five cymbals.

Following processing on the new charge of burglary, 2nd, Malone was released from custody under the terms of his prior bail arrangment.

Rider on stolen motorcycle involved in high-speed chase gets away with help of a friend

By Howard B. Owens

A man on a stolen motorcycle that led local law enforcement on a high-speed chase through the City of Batavia and the Village of Le Roy yesterday got away.

A witness in Avon apparently saw the rider get off the red Honda bike and get into a green car and leave.

"The odd thing is, he took the time to put the kick stand down," said Chief Deputy Gordon Dibble, Sheriff's Office.

Dibble said it's likely the rider phoned a friend to pick him up in Avon.

There's no description available of the suspect, other than he's allegedly a black male.

The chase started on Route 5 at Kelsey Road, on the west side of Batavia, where a deputy was positioned on routine traffic patrol when the bike sped past, Dibble said.

City PD joined the pursuit when it came down Main Street.

Dibble said officers were aware the Oatka Festival was taking place in Le Roy and backed off as they approached the village.

The chase came through Le Roy about 5:45 p.m. and the crowd was dispersing from the Duck Derby, which had just ended. The derby had gotten a late start because of technical difficulties.

Witnesses praised the work of Le Roy PD patrolman Daryl Robb, who was handling traffic control at the intersection of Wolcott and Main streets.

Robb cleared the intersection of pedestrians and kept everybody away from the street as the motorcycle sped through village.

"We saw the kid crest the hill in an instant and fly down Main Street at a conservative 95 an hour," said Le Roy resident Bud Prevost. "Several City of Batavia police cars and two Sheriff's cars were in hot in pursuit. It was a very dangerous situation when you had several hundred people milling around that intersection.

"Kudos to this young man," Prevost added. "He took control, as a good officer should, and made a lasting impression on me."

When the plate of the motorcycle was first called it, the dispatch centered received a teletype indicating the bike had been connected to felony crime. That information turned out to be inaccurate, but the motorcycle had been reported stolen out of Rochester.

"This wasn't a situation like we typically get where a motorcycle is involved in a high-speed chase and then the owner calls later and reports it stolen," Dibble said. "It was reported stolen before the chase."

Law and Order: Convict from Batavia caught in Florida, brought back and sent to prison

By Howard B. Owens

Brandon Michael Maldonado, 24, of Strennma Road, Largo, Fla., was arrested on bench warrants for criminal possession of a forged instrument, 2nd, and criminal possession of stolen property, 5th. Maldonado was arrested at a relative's residence in Florida and returned to Genesee County. Maldonado was sentenced on his prior convictions in County Court and sent to state prison.

Rodney Blackshear, 53, of 2 Lewis Place, Batavia, is charged with disorderly conduct (obscene language/gestures). Blackshear was allegedly using obscene language and gestures during an incident at 6:54 p.m. Wednesday on Lewis Place, Batavia, in front of children and adults.

Wayne D. Potter, 29, no address, is charged with assault, 3rd, unlawful imprisonment, 2nd, and endangering the welfare of a child. The charges stem form an alleged domestic incident on June 24. Potter was jailed on $10,000 bail.

Joel Hernandez-Zempoaltecati, 30, of Washington Street, Albion, is charged with felony DWI, felony driving with a BAC of .08 or greater, felony aggravated unlicensed operation, driving without interlock device and failure to keep right. Hernandez-Zempoaltecati was stopped at 3:16 a.m. Sunday on Oak Street, Batavia, by Deputy Patrick Reeves.

Lori L. Mullen, 46, of Watson Street, Batavia, is charged with petit larceny. Mullen is accused of shoplifting at Kmart. Upon exiting the store, Mullen reportedly tried to elude security officers on motorized wheelchair and discarded the allegedly stolen items in the parking lot.

Joshua D. Ricter, 32, of Niagara Falls Boulevard, Niagara Falls, is charged with criminal mischief. Richter allegedly damaged a laser radar unit while in Kmart.

Nicholas Calvin Klippel, 29, of Walden Creek, Batavia, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, consumption of alcohol in a motor vehicle and failure to keep right. Deputy Chad Minuto responded to a report at 3:17 a.m. Saturday on North Road, Le Roy, of a suspicious vehicle in the area. Upon investigation, he found an abandoned vehicle in an area of thick brush a short distance off the road. Klippel was located a short time later in the parking lot of his residence in Batavia by Batavia PD. Upon investigation, it's believed Klippel was driving the vehicle at the time he went off the roadway in Le Roy.

Katie Lee Winnie, 19, of Exchange Street, Attica, is charged with petit larceny and unlawful possession of marijuana. Winnie allegedly stole $188.31 in merchandise from Walmart.

Tate Nicholas Westmeier, 21, of Church Road, Darien Center, is charged with petit larceny. Westmeier allegedly stole $188.31 in merchandise from Walmart.

Arginia Elizabeth Jones, 19, of Whitney Place, Buffalo, is charged with unlawful possession of marijuana and failure to stop for stop sign. Jones was stopped at 2:19 a.m. Saturday on Alleghany Road, Darien, by Deputy Joseph Corona.

Benjamin J. Townsend, 25, of Clarence, is charged with DWI and driving with a BAC of .08 or greater. Townsend was stopped by State Police at 10:30 p.m. Friday on Colby Road, Darien.

Arrests and citations reported for Mayhem Festival at Darien Lake

By Howard B. Owens

The following people were arrested during the Rockstar Engery Mayhem Festival at Darien Lake Performing Arts Center on Sunday.

Matthew J. Greif, 42 of Ranchview Avenue, North Olmsted, Ohio, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return. Greif was jailed on $500 bail.

Christopher Matusak, 30 of North Avenue, Avon, is charged with disorderly conduct after allegedly fighting with concert security inside the venue. Matusak was jailed on $300 bail.

Christopher M. Hund, 36, of North 12th Street, Olean, is charged with forcible touching after allegedly grabbing the buttocks of a 17-year-old girl.

Christopher M. Fasso, 16 of Point Peter Road, Gowanda, is charged with unlawful possession of marijuana and possession of another’s license after allegedly being found in possession of another person's NYS driver's license and marijuana.

Stephen R. Kenney, 20 of Thurston Road, Rochester, is charged with unlawful possession of marijuana and possession of another’s driver's license after allegedly being found in possession of another person's NYS driver's license and marijuana.

Nicholas G. Guido, 17 of Central Street, Moravia, is charged with unlawful possession of marijuana and issued a citation for possession of alcohol after allegedly being found in possession of marijuana and alcohol being under 21.

Joshua B. Scott, 18 of Richardson Hill Road, Moravia, is charged with unlawful possession of marijuana and issued a citation for possession of alcohol after allegedly being found in possession of marijuana and alcohol being under 21.

Caitlin C. Bernard, 20 of Hillview Avenue, Collins, is charged with criminal possession of a
controlled substance, 7th, after allegedly being found in possession of a controlled substance.

Jason M. O’Reilly, 26 of Jackson Road, Webster, is charged with criminal possession of a weapon, 4th, after allegedly being found in possession of a dagger.

Anthony M. Basso, 22 of Parkhurst Boulevard, Tonawanda, is charged with criminal possession of marijuana, 5th, after allegedly being found in possession of more than 25 grams of marijuana.

Jack C. Staples, 23 of Wheeler Road, Lockport, is charged with disorderly conduct after allegedly causing a disturbance in the employee parking area after being ejected from the concert.

Patrick A. Garbutt, 24 of Penfield Road, Penfield, is charged with trespass after allegedly jumping onto the concert venue back fence in an attempt to reenter the venue after having been denied entry.

Austin M. Jorgensen, 16 of West Genesee Street, Auburn, issued a citation for possessing another’s license and possession of alcohol after allegedly being found in possession of another person's NYS driver's license and alcohol being under age 21.

The following people were charged with unlawful possession of marijuana:

Daniel R. Mentecky, 22, Harvest Avenue, Buffalo
Justin K. Berner, 18, Countryside Lane, Orchard Park
Damon C. Koscinski, 22, Moose River Road, Boonville
Rebecca M. Kaufman, 19, Hemlock Road, Forestport
Joshua A. Sudyn, 18, North Creek Road, Lakeview
Eric J. Lortz, 21, Violet Parkway, Eden
Timothy J. Nicholson, 19, State Route 414, Seneca Falls
Benjamin T. Cultrara, 18, Allens Creek Road, Pittsford
Corey A. Miller, 19, South Street, Lyndonville
Gregory P. Smith, 25, Jefferson Street, Dansville
Christopher J. Mouer, 30, Doran Street, Rochester
Joseph T. Adams, 26, North Greece Road, Hilton
Dwayne M. Conyne, 25, East Linden Avenue, Rochester
Jeremy D. Seiling, 20, East Park Road, Grand Island

The following people were issued citations for possession of alcohol with intent to consume under 21. 

Bryant J. Hough, 17, Lockegroton Road, Groton
Zachery J. O’Donnell, 20, West Quaker Street, Orchard Park
Andrew M. Kirsch, 20, Tuscarora Road, Chittenango
Devin J. Christpher, 20, West Hazeltine Avenue, Kenmore
Max Tyler J. Blueher, 19, Huckleberry Lane, Liverpool
Derek A. Markle, 19, Fireside Drive, Liverpool
Dolan G. Morton, 20, South Geneva Street, Ithaca
Dylan M. Jorgensen, 20, West Genesee Road, Auburn

Hot pursuit of speeding motorcyclist

By Billie Owens

Police are in pursuit of a motorcyclist who failed to stop when they attempted a traffic stop. He was on Route 5 headed into the city going 100 mph and allegedly passing vehicles unsafely. He sped through downtown going 80 mph, zoomed into Le Roy and ran the red light at Church Street. Dispatch has notified Livingston County of the incident.

He is described as a black man on a red Honda, registered to an address on Clinton Street in Rochester. He briefly slowed down, which is how they could get the plate information. They have information that the driver is wanted for allegedly committing a felony in Rochester and the bike is reportedly stolen.

He is being followed now by law enforcement in Caledonia.

UPDATE 6:03 p.m.: The dispatch center was notified that the suspect ditched the bike and fled on foot, last seen running through back yards off River Street in the Village of Avon. A K-9 unit is being dispatched to try and apprehend the suspect. Genesee County Sheriff's deputies are also going to that area.

Another fight in Austin Park

By Billie Owens

Yet another fight involving juveniles is reported in Austin Park. Police are on scene.

Fight in Austin Park

By Billie Owens

A group of youths are reportedly fighting on the east side of Austin Park. Not clear if this is related to the earlier calls, but the police were called there a minute ago and are on scene.

UPDATE 3:24 p.m.: A responding officer cleared the scene.

Criminally speaking, fairly quiet night at Brad Paisley concert

By Howard B. Owens

The following arrests were made during the Brad Paisley concert at Darien Lake Performing Arts Center on Friday.

For photos of the show, click here.

Travis J. Sheldraky, 19, Burke Road, Dunville, Ontario Canada, is charged with disorderly conduct after allegedly causing a disturbance by pushing a security guard.  Sheldraky was arraigned and jailed on $250 bail.

Anna K. Rauber, 18, County Route 46, Dansville, charged with criminal trespass, 3rd, after allegedly being ejected from the concert venue and then being found within the venue after being told she could not reenter.

Ashley L. Shields, 24, Main Road, Akron, charged with harassment, 2nd, after allegedly striking another subject and throwing her into a vehicle fender.

Ian M. Emes, 20, Wayside Drive, Lewiston, charged with criminal trespass, 3rd, and possession of another person's license. After allegedly being ejected from the concert venue Emes was   found within the venue after being told he could not reenter, and was found to have another person's NYS driver's license.

Kiersten M. Salanger, 20, Coventry Road, Syracuse, charged with possession of a fictitious license and possession of another person’s license after allegedly possessing a fake ID and another person's NYS driver's license.

Michael S. Rawdin, 18, Shimerville Road, Clarence, charged with possession of another person's license after allegedly being found in possession of another person's NYS driver's license.

Emily M. Simson, 20, Dorrance Avenue, Lackawana, charged with possession of another person's license after allegedly being found in possession, another person's NYS driver's license.

The following people were issued citations for allegedly consuming/possessing alcohol under age 21:

Michael W. Mctarnaghan, 18, Groveland Road, Geneseo
Gabrielle M. Kwaiatek, 17, Alleghany Road, Darien
David S. Phillips, 17, County Road 37, Bloomsfield
Kyle P. Juda, 20, Stevenson Court, North Tonawanda
Alexandra B. Hubert, 18, Amberwood Drive, Amherst
Lindsay R. Lippert, 17, Cornish Heights Parkway, Syracuse
Kerstyn L. Empey, 18, Ellsworth Place, Niagara Falls, Ontario, Canada
Zachary M. Tiepiechowiak, 18, Woodland Drive, West Seneca
Carmen J. O’Donnell, 18, Elmsford Drive, West Seneca
Katheryn M. Layer, 17, Candlewood Lane, Clarence Center
Blair E. Budzinski, 17, Clardon Drive, Williamsville
Magnum M. Kibler, 17, Randall Road, Le Roy
Hayden A. Lester, 18, Dickerson Street, Lyons
Elizabeth A. Daley, 16, Curtis Parkway, Buffalo
(name redacted upon request), 16, Casenovia Street, Buffalo
Jacob M. Zimmerman, 18, Stony Point Road, Grand Island
Christopher J. Spoto, 18, Falcon Crest Drive, Rochester
Adam B. Kalivoda, 19, West 28th Street, Erie, Pa.
Ryan C. Farrell, 18, Payne Avenue, North Tonawanda
Nicholas H. Bluff, 17, Woodland Drive, Tonawanda
Chelsea R. Masich, 17, Highland Avenue, Buffalo
Nicholas M. Troup, 20, Route 31, West Holley
Philip J. Sipp, 19, Gary Drive, Brockport
James P. Fallon III, 19, Trefoil Lane, Brockport
William F. Maddison, 18, Michael Drive, Welland, Ontario, Canada
Chad A. Moccia, 19, Thorold Road, Welland, Ontario, Canada
Stacey L. Roegner, 18, Lawton Road, Hilton
Kevin J. Spitzer, 20, Foxwood Lane, Williamsville
Nicholas R. Novak, 17, Derby Road, Derby
Kailey S. Maronski, 20, Queens Lane, Hamburg
Danielle L. Aragon, 17, Hart Place, Orchard Park
Larissa M. Weis, 19, Treehaven Road, West Seneca
Rachel M. Spencer, 17, Hardwood Road, West Seneca
Kevin J. Adgate, 17, Treehaven Road, West Seneca
Maggie E. Hale, 18, Oatka Road, Warsaw
Thomas D. Elling III, 18, Thorncliff Road, Kenmore
Michael A. Prentice, 18, Lisa Ann Lane, West Seneca
Tyler M. McTique, 18, Hilltop Courts, West Seneca
Daniel U. Danovskis, 19, Molnar Drive, West Seneca
Eric S. Lipa, 17, Heather Drive, Lockport
Samantha J. Welling, 20, Florida Avenue, Rochester
Courtney S. Coots, 19, East William Street, Bath
Arielle M. Tomb, 19, Howell Street, Bath
Andrea N. Aldrich, 20, Crittenden Road, Alden
Michael J. Cipolla, 18, Water Street, Perry
Bryan M. Geise, 18, Ridge Road, Lockport
Corbin H. Grassman, 18, Timber Creek Court, West Alexandria, Ohio
Brandon M. Hasfurter, 19, Theresa Court, West Seneca
Kathleen Mazur, 19, Keller Road, Clarence
Alissa N. Macpeek, 20, Lincoln Avenue Ext., Lockport
Andrew R. Reinwald, 20, Clymer-Sherman Road, Clymer
Jordin M. Bernard, 18, Parkside Road, Niagara Falls, Ontario, Canada
Gina M. Ross-Detro, 18, Spring Street, Geneva
(name redacted upon request), 20, King Anthony Way, Getzville
Joshua J. Coffey, 20, Woodcrest Drive, Amherst
Brian W. Hayes, 20, Cayuga Street, Clyde
Christopher S. Briggs, 19, Nelson Road, Cassadaga
Gregory A. Snyder, 17, Barnum Road, Cassadaga
Derek J. Wise, 19, High Street, Cassadaga
Collin J. Ruge, 20, Nelson Road, Cassadaga
Jacob W. Kwoka, 19, Corinthia Street, Lockport
Laura C. Tait, 19, Carnegie Drive, Vestal
Ryan D. Dombrowski, 20, South Protection Road, Holland
Cody M. Slattery, 20, Olean Road, South Wales
Allie J. Whitehouse, 18, Maple Avenue, Wellsville
Alana M. Becker, 17, Whitestone Lane, Lancaster

Kid Rock apparently gives $5K to assist man in a coma after altercation

By Howard B. Owens

A $5,000 donation from Kid Rock is listed on the Web page set up at giveforward.com to raise funds for Jason McNeil, the former WNY resident who is in a coma after apparently being punched by another patron at the performer's concert at Darien Lake on July 6.

McNeil is still in a coma but making progress according to a Facebook page set up to keep people apprised of his condition.

The donation page says that so far 290 donations have been made totaling more than $30,000 with a goal of raising $20,000 more over the next 29 days.

The 43-year-old Alabama resident is originally from Alden, but reportedly is very involved in his community in Tuscaloosa and has lots of friends and supporters there. He is involved in several charities in the community and is a member of Kiwanis.

He's been in a coma since being taken by Mercy Flight to ECMC after allegedly being punched in the face by Craig Malcolm Lawson, 34, of Talbot Street, Courtland, Ontario, Canada.

Lawson is charged with assault, 3rd, a misdemeanor, and is out of jail on $1,000 bail.

While the Sheriff's Office is continuing its investigation, District Attorney Lawrence Friedman said his office will review the evidence as the case develops. It's possible Lawson could face a felony charge if there is sufficient evidence to sustain such a charge.

An upgraded assault charge would be assault in the second degree. In order to prove that charge, the prosecution would need to show that the defendant intended to cause serious injury.

Previously: Alleged assault case at Kid Rock concert grows more complicated with news of serious injuries

Law and Order: Two teens arrested at party for beer

By Howard B. Owens

CORRECTION: I misread the press release on name redacted and name redacted and listed charges that were not correct. I apologize profusely to the suspects and their families.

UPDATE: Because of our prior mistake, we offered to remove the names of the first two individuals once this post was no longer on the home page.

name redacted, 18, of Peachy Road, Bergen, is charged with possession of alcohol under age 21. Sabb was arrested at 8:06 p.m. Thursday while at a reported party at an address on Byron Holley Road, Byron. name redacted allegedly possessed 24 beers.

name redacted, 18, of Swamp Road, Byron, is charged possession of alcohol under age 21. Maskell was arrested at 8:06 p.m. Thursday while at a reported party at an address on Byron Holley Road, Byron. name redacted allegedly possessed 18 beers.

Glenn H. Wright Jr., 43, an inmate of the Genesee County Jail, is charged with criminal contempt, 2nd. Wright allegedly placed a phone call to a person he was barred from contacting by court order.

Sean Douglas Lacy, 26, of West Bergen Road, Bergen, is charged with unlawful possession of marijuana. Lacy was allegedly found in possession of marijuana during an investigation into a loud music complaint made at 11:55 p.m. Thursday on West Main Road, Byron.

Law and Order: Rochester man jailed for alleged shoplifting at Walmart and Kmart

By Howard B. Owens

Steven Douglas Crandall, 50, of Driving Park, Rochester, is charged with petit larceny and trespass. Crandall allegedly stole an air conditioning unit at Walmart with a $479.08 value. Crandall is allegedly banned from all Walmart stores because of a prior shoplifting allegation. Crandall also had an warrant for his arrest out of Town of Batavia Court for a prior shoplifting charge at Kmart. Crandall was jailed on $500 bail.

Daryl R. Hamler, 19, of Wescott Road, Le Roy, is charged with criminal possession of marijuana, 4th, and speeding. Also charged with criminal possession of marijuana was Rebecca E. Cook, 19, of Caldwell Road, Groveland. Hamler and Cook were allegedly found in possession of more than two ounces of marijuana during a traffic stop by Deputy James Diehl at 12:02 a.m. on Route 19, Le Roy.

Andrew Alexander Halloran, 48, of Northwest 7 Street Road, Miami, Fla., is charged with criminal possession of a controlled substance, 7th, DWI, refusal to take breath test, speeding and failure to keep right. Halloran's vehicle was stopped at 11:43 p.m. Tuesday on Route 20, Darien, by Deputy Joseph Corona.

Cheryl L. Behm, 53, of Alden, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, failure to use designated lane and consumption of alcohol in a motor vehicle. Behm was stopped at 1:24 a.m. Wednesday on Main Road at Back Street in Pembroke by State Police.

Earl S. Lockhart, 20, of Batavia, is charged with petit larceny. Lockhart is accused of stealing from Kmart.

Alleged assault case at Kid Rock concert grows more complicated with news of serious injuries

By Howard B. Owens

Craig Lawson

The suspect in the alleged assault following the Kid Rock concert July 6 at the Darien Lake Performing Art Center has probably learned by now that his alleged victim is in serious condition, but District Attorney Lawrence Friedman said he has no reason to believe the Canadian resident won't make his scheduled court appearance July 30.

Craig Malcolm Lawson, 34, of Talbot Street, Courtland, Ontario, Canada, was initially charged with just a misdemeanor, assault in the third degree, so bail was only set at $1,000.

Indications are, however, that Lawson, who according to sources has a good job in Canada, is taking the case seriously. He's hired a private attorney, who happens to also be a state senator, Michael Ranzenhofer.

"He has retained an attorney who has appeared on his behalf," Friedman said. "The defendant is scheduled to appear in court on July 30 and at this point I have no reason to believe that he won’t be there."

If Lawson were to fail to appear, the District Attorney's Office would need to work with Canadian authorities to obtain his arrest and extradition, which could delay progress of the case.

The alleged victim, Jason McNeil is in a coma, according to friends, at ECMC.

A few days ago, media in Alabama reported on the 43-year-old McNeil's condition and described the Tuscaloosa resident as a "prominent businessman." His coworkers set up a fundraising campaign on his behalf with a goal of raising $25,000 (now $50,000, with more than $18,000 raised so far). There's also a Facebook page set up for McNeil.

McNeil is the owner and operator of Synchronous Industrial Services and has a wife and two children. He's originally from the Alden area and besides going to see Kid Rock he was in WNY for a few days to visit with family.

The fundraiser and media coverage of McNeil's condition could likely alert Lawson that the case is more serious than he might have thought after his initial arrest, but Friedman said he believes Lawson will meet his obligation to appear in court.

"As I said, it appears to me that the defendant has retained counsel and will do the right thing and he will address these charges as he needs to," Friedman said. "I’m not going to speculate on any problems in that regard."

Last August, the District Attorney's Office went through a similar case, which is still pending, against Kelly L. Alcorn, who was initially charged with harassment for allegedly hitting another patron at the Jason Aldean concert.

The alleged victim went to Buffalo media and claimed she was more seriously injured than might warrant a misdemeanor charge. The woman sought a felony charge against Alcorn, a police officer in Niagara Falls.

Friedman's office reviewed the accounts of events, the available evidence and the medical records and eventually sought a grand jury indictment against Alcorn, who is now facing a charge of assault in the second degree.

The same process could be followed in the Lawson case, Friedman said.

"We need to get a handle on what occurred, statements of witnesses, police reports, things like that, and follow the victim's medical condition before we make any decision," Friedman said.

When Darien Town Justice Gary Graber arraigned Lawson the night of July 6, he was presented with a document called an accusatory instrument that specified the charge against Lawson -- the misdemeanor of assault, 3rd -- and a very brief narrative of what police believed happened. He also was given, in this case, two brief witness statements.

From the penal code:

A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person ...

The accusatory states that Lawson, "did punch Jason McNeil in the head with a closed fist causing him to lose consciousness and fall to the pavement."

There were also two witness statement's in Lawson's court file.

One witness, who said she is a cousin of McNeil's, said that as she was coming out of the concert, "some guy came up to my cousin, Jason McNeil, and punched him in the face with a closed fist. Jason proceeded to fall backwards and hit his head on the pavement and did NOT MOVE. Jason was not arguing with anyone and I have no idea why he was punched."

Another witness, a Depew resident working for the concert venue, also said he saw the alleged incident.

"I saw a man wearing a red tee shirt arguing with a male that was younger than him," he wrote. "The man in the red pushed the younger kid. The younger looking male was walking backwards and the male in the red pulled his arm way back and punched the younger looking kid. I heard the punch hit the kid in the face and I also heard the younger kid's head hit the ground."

At the time Graber set Lawson's bail at $1,000, he would have had no direct information on McNeil's condition or the fact that McNeil was taken by Mercy Flight to ECMC.

To sustain a charge of assault in the second degree, the prosecution would need to be confident that it could prove the defendant intended to cause serious injury. For example, the need to prove intent eventually lead to the dismissal of one of the felony counts against Jacquetta Simmons in the Walmart Christmas Eve assault case. Simmons was convicted by a jury of a single felony involving the assault on a person over age 65, rather than straight assault, 2nd.

Top photo via giveforward.com.

Father and son in Pavilion plead guilty on charges related to storing disabled cars

By Howard B. Owens

Jacob and Steven Weber, father and son, entered guilty pleas in Town of Pavilion Court to 45 and 15, respectively, violations of the state's property maintenance code.

Under the plea deal, Jacob Weber will avoid jail time, but Steven Weber could still be incarcerated if he does not rid his property of the remaining seven disabled, unregistered vehicles on his property at 11076 Lake Road.

Weber admitted in court today that he had 16 unregistered, disabled vehicles on his property -- one more than the law allows. He made a point of clarifying before pleading guilty that he was allowed one vehicle on the property.

The 46 vehicles on property owned by Jacob and Mary Weber at 11256 Perry Road are also apparently the property of Steven Weber.

The Webers are scheduled to appear for sentencing at 3 p.m., Aug. 13.

Town of Pavilion Attorney Jamie Welch said the agreement includes no sentence cap and doesn't limit any possible fines beyond what is allowed under the law.

Previously: Town of Pavilion begins enforcement effort on two properties with alleged code violations

Law and Order: Driver accused of DWI twice in one day

By Howard B. Owens

Charles Wayne O'Shea, 35, of East Main Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or higher, aggravated unlicensed operation, 1st, consumption of alcohol in a motor vehicle and aggravated unlicensed operation, 2nd. O'Shea was arrested twice for alleged drunken driving within a four-hour period. The second arrest came after a traffic stop at 8:36 p.m. Saturday on Route 19, Le Roy, by Deputy Chad Minuto. Minuto said he observed O'Shea driving and knew from being involved with a prior arrest of O'Shea that O'Shea allegedly did not have a valid driver's license, so he initiated a traffic stop. Upon further investigation, Minuto concluded O'Shea was allegedly driving while intoxicated. Four hours earlier, according to Minuto's report, Minuto assisted Deputy James Diehl while Diehl arrested O'Shea for allegedly driving drunk.

Selime Bela, 49, of Crimson Drive, Albion, is charged with petit larceny. Bela is accused of shoplifting $67.49 in merchandise from Kmart.

Brandon Marshall Weig, 25, of Buffalo Road, Bergen, is charged with harassment, 2nd (physical contact). The alleged incident was reported at 1:02 a.m., Friday. No further details released. Weig was also arrested on a bench warrant for alleged criminal contempt, 2nd, and disobeying a mandate.

Michael T. Dibble, 21, of Corfu, is charged with DWI. Dibble was arrested by State Police at Erie County Medical Center for allegedly driving drunk in the Town of Pembroke at 4:19 p.m., Wednesday. No further details released.

Jeremy M. Sheehan, 30, of Le Roy, is charged with harassment, 2nd. Sheehan was arrested by State Police following an alleged incident reported at 1:49 a.m. Thursday in the Town of Le Roy. No further details were released.

Passenger falls from bed of pickup truck in Darien, driver charged with DWI

By Howard B. Owens

A passenger riding in the back of a pickup truck on Fox Trail Road in Darien at 1:04 a.m. suffered a head injury and was taken by ground ambulance to UMMC while the 17-year-old driver of the truck was charged with DWI.

The Sheriff's Office did not release the name of the accident victim.

Taken into custody was Norman Peter Locher, of East Center Road, West Seneca. He was also charged with driving with a BAC of .08 or higher, no seat belt for the driver, operating out of class and leaving the scene of a personal injury accident.

Darien fire assisted at the scene and transported the patient to UMMC.

The investigation was conducted by Deputy Jason Saile.

Few arrests at Vans Warp Tour at Darien Lake

By Howard B. Owens

The Sheriff's Office announced the following arrests Saturday during the Vans Warp Tour at Darien Lake Performing Arts Center.

Charles W. O’Shea, 35, of 6972 W. Main Road, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and aggravated unlicensed operation, 2nd, after allegedly being found operating in an intoxicated condition in the campground area. 

Shalanda L. Darden, 24, of North Hampton Street, Rochester, is charged with unlawful possession of marijuana.

Jed T. Jastrzemski, 18, of Rumbold Avenue, North Tonawanda, was the only person cited for alleged possession/consumption of alcohol under age 21.

Alleged assault requiring Mercy Flight among arrests at Kid Rock concert

By Howard B. Owens

The Sheriff's Office made the following arrests during the Kid Rock concert Friday at Darien Lake Performing Arts Center.

Jordan J. Apps, 35 of Bertie Bay Road, Fort Erie, Ontario, Canada, is charged with third-degree criminal mischief after allegedly punching the window out of a vehicle. Apps was on $20,000 bail.

Craig M. Lawson, 34 of Talbot Street, Ontario, Canada, was charged with third-degree assault after allegedly punching another patron in the face knocking him unconscious. The victim was transported to ECMC by Mercy Flight. Lawson was jailed on $1,000 bail.

Brian R. Becker, 38 of Eastham Court, Webster, is charged with DWI, driving with a BAC of .08 or greater and operating with a suspended registration.

Patrick J. Gillen, 22 of Baywood Drive, Cheektowaga, is charged with unlawful possession of marijuana.

Jhon A. Polanco, 16 of North Clinton Avenue, Rochester, is charged with unlawful possession of marijuana.

The following people were cited for alleged possession/consumption of alcohol under age 21.

Elliot J. Austin, 18, of Claybed Road, Filmore
Abbey C. Paulsen, 17, of Route 19 Filmore
Megan A. Bailey, 18, of Roszyk Hill Road, Machias
Charles C. Lorraine, 20, of West Walworth Road, Macedon
Chelsea M. Wartinger, 20, of Corydon Drive, Depew
Kriston M. Farrell, 20 of Beale Avenue, Cheektowaga

Reminder from Batavia PD: Lock it up

By Howard B. Owens

Press release:

The Batavia Police Department is currently investigating several recent burglaries to unsecured garages/sheds. The Batavia Police Department would like to remind citizens to secure any and all of their property when it is not attended. If anyone has any information regarding the recent burglaries, please contact the department at (585) 345-6350.

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