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Trio suspected of dealing cocaine in Genesee and Orleans counties

By Howard B. Owens
Edgardo Aponte Sonia E. Aponte Jeremy Yantz

Three people are being accused of selling cocaine in Genesee and Orleans counties following a lengthy joint investigation by law enforcement in both jurisdictions.

A search warrant was executed yesterday at a location on Hundredmark Road, Elba, and investigators said they found cocaine and drug paraphernalia.

The suspects are suspected of selling cocaine at the residence.

Arrested where:

  • Edgardo Aponte, 41, of Hundredmark Road, Elba, charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminally using drug paraphernalia, 2nd, criminal nuisance, 1st, and tampering with physical evidence.
  • Sonia E. Aponte, 32, of Hundredmark Road, Elba, charged with criminal possession of a controlled substance, 3rd, criminal possesion of a controlled substance, 4th, criminally using drug paraphernalia, 2nd, and criminal nuisance, 1st.
  • Jeremy S. Yantz, 32, of Washington Avenue, Batavia, is charged with four counts of criminal sale of a controlled substance, 3rd.

Edgardo Aponte was arraigned in Elba Town Court and jailed on $50,000 bail. Sonia Aponte was released under supervision of Genesee Justice. Yantz was arraigned in Town of Albion Court and jailed in Orleans County on $25,000 bail.

The five-month investigation was a joint operation by the Genesee County Local Drug Enforcement Task Force and the Orleans County Major Felony Crimes Task Force.

The Batavia PD Emergency Response Team assisted in the execution of the search warrant along with uniformed deputies, officers with Homeland Security and Rochester PD's K-9 unit.

The District Attorney's Office also assisted in the investigation.

Four people being questioned after possible hostage situation on Highland Park

By Howard B. Owens

Four people are being questioned by police in connection with an incident at 12 Highland Park this afternoon that was initially reported by a third party to police as a hostage situation.

Sgt. Dan Coffey responded to the call first and an area resident reportedly told him that one or more people in the residence might have a gun.

Coffey called for backup and officers arrived within minutes from Batavia PD, the State Police and the Sheriff's Office. The Emergency Response Team was also activated and State Police responded with a K-9 and a robot.

Nearby residents were asked to either shelter in place or wait near the Ascension Parish / St. Anthony's parking lot off Central Avenue.

Highland was closed between Pringle Avenue and Jackson Street.

"Obviously the information that was given to Sgt. Coffey when he arrived (was) the situation was serious in nature," Chief Shawn Heubusch said. "We take as much caution as possible when we respond to a situation. There was information given to him that there was a hostage situation or weapons involved so we're going to get everybody here we can to get this locked down as safely as possible."

No arrests have been made yet and Heubusch said investigators are trying to sort out who did what and who, if anybody, was a hostage.

The situation ended peacefully shortly after most of the law enforcement response was in place.

A man in a black tank top came out onto the porch smoking a cigarette and walked down the stairs and looked around. A woman was behind him dressed in a pink tank top.

He went back into the house only to reemerge minutes later. Apparently under instructions from law enforcement, he put his hands in the air and then laid down flat on the ground. The woman then came and laid down next to him.

The man was then instructed to stand with his hands in the air, and back up to a position down the street where a Batavia detective was waiting to take him into custody.

The woman was then placed in cuffs in a similar fashion.

Minutes later, two more people came out of the residence, a woman first and then a man. Law enforcement then closed in and the man was immediately cuffed. The woman laid down on the ground, but did not appear to be cuffed.

The individuals reportedly told police that there was nobody else in the house, but as a precaution the police robot was sent inside, then the ERT team entered to ensure everyone was out.

Heubusch said depositions were being taken from all four people so investigators could try and determine exactly what happened.

He said more information would be released this evening or in the morning.

Man involved in scrap metal heist given 18 months in federal prison

By Howard B. Owens

One of four men caught in the act by Sheriff's deputies using a logging truck to steal scrap metal in 2009 in Corfu was sentenced in Federal Court yesterday.

Anthony Toscano, 48, who at the time of his arrested listed his address as 918 S. Goodman St., Rochester, will serve 18 months in federal prison for his part in the heist and pay $4,669.26 in restitution.

Toscano was convicted following a two-week jury trial of conspiracy to steal an interstate shipment and theft of an interstate shipment in September 2012.

Also convicted were Richard E. Riedman, 39, 542 Klem Road, Webster, Anthony J. Russell, 39, of 75 Snug Harbor Court, Rochester, and Timothy M. Stone, 23, 3735 Chili Ave., Rochester.

Riedman, Russell and Stone have not been sentenced.

Also arrested that night and convicted separately was Christopher H. Monfort, 41, of 113 Pine St., East Rochester.

All five men were observed by Sheriff's deputies using a logging truck to take processed and bailed scrap metal that was scheduled for shipment to a steel mill in Pennsylvania from Ed Arnold Scrap Processors. The deputies followed the truck into Batavia and stopped it in a well-lit area.

Riedman and Stone were indicted in April 2011 on federal racketeering charges for their part in an alleged plot to help 62-year-old James Henry McAuley Jr. (aka "Mitch"), an alleged Hell's Angel vice president, avoid apprehension for an alleged assault on a person viewed as a threat to the motorcycle club.

We have no information at this time on the status of that case.

Law and Order: Nine arrests reported in recent days

By Howard B. Owens

Alicia M. Stankwick, 21, of 2880 Transit Road, West Seneca, is charged with disobeying mandate. Stankwick was arrested following a complaint of a woman refusing to leave an apartment on State Street, Batavia.

Glenn H. Wright Jr., 43, of 118 Prospect St., Warsaw, is charged with unlawful imprisonment and assault, 3rd. Wright was arrested by Warsaw PD on an arrest warrant out of City Court.

Douglas Scott Sprague, 46, of State Street, Batavia, is charged with a felony count of criminal contempt, 1st, and harassment, 2nd. Sprague was arrested on a warrant issued by Town of Batavia Court.

Timothy Huurman, 23, of Genesee Park Boulevard, Rochester, is charged with DWI, driving with a BAC of .08 or greater, speeding (69 in a 55 mph zone), and refusal to submit to breath test. Huurman was stopped at 11:49 p.m. Sunday on Route 20, Alexander, by Sgt. Ron Meides.

David Michael Snyder, 27, of East Main Street Road, Stafford, is charged with petit larceny. Snyder is accused of shoplifting at Walmart. Also arrested was Destany Ann Marie McNutt, 24, of East Main Street Road, Stafford.

Michael J. Anderson, 24, of Keady Road, Lodi, is charged with criminal contempt, 1st. Anderson is accused of threatening to shoot another person during a phone conversation, which allegedly violated a court order.

Timothy W. Churchill, 45, of Le Roy, is charged with DWI and DWI with a child in the car, and Joanne M. Riggi, 43, is charged with harassment, 2nd, and endangering the welfare of a child. A vehicle allegedly driven by Churchill was stopped by State Police at 5:18 p.m. Friday on South Street Road, Le Roy. No further details released.

Thomas M. Szarleta, 49, of Springville, is charged with DWI, aggravated DWI and improper passing on the right. Szarleta was stopped at 6:04 p.m. Sunday on Sumner Road at Route 77, by a state trooper.

Conor W. Wellott, 25, of North Tonawanda, is charged with DWI. Wellott was stopped at 12:10 a.m. Monday at Route 77 and Route 20 by a state trooper.

Law and Order: Pair of DWIs among reported arrests in county

By Howard B. Owens

Jeremy K. Hogeboom, 38, of South Pearl Street Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, 7th, speed not reasonable nor prudent, failure to keep right and unlawful possession of marijuana. Hogeboom was stopped at 12:06 a.m. Friday on Phelps Road, Pembroke, by Deputy James Diehl.

Tyler J. Aina, 21, of 13929 Waterport Circle Road, Albion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, driving left of pavement marketings and failure to stop at stop sign. Aina was stopped by Officer Darryle Streeter at 1:09 a.m. June 15 on Oak Street.

Derrick R. Kio, 22, of 5471 Hudson Road, Pavilion, is charged with disobeying mandate. Kio is accused of violating an order of protection by calling the protected person.

Keith B. Besaw, 42, of 61 1/2 North Lyon St., Batavia, is charged with operating a motor vehicle without an inspection certificate. Besaw was taken into custody by Batavia PD on an arrest warrant issued in City Court.

Brad C. Doward, 23, of 10 Hall St., Batavia, is charged with aggravated harassment, 2nd, and harassment, 2nd. Doward was allegedly involved in a domestic incident.

A 17-year-old resident of Swamp Road, Byron, is charged with petit larceny. The youth is accused of shoplifting $39.72 in merchandise from Walmart.

Debra M. Davis, 53, and Samantha B. Steiner, 22, both of 620 Yacht Club Drive, Machias, are charged with petit larceny. Davis and Steiner were arrested by State Police in connection with an alleged incident reported in the Town of Alabama in October. No further details released.

Eight people arrested during Zac Brown concert at Darien Lake

By Howard B. Owens

The following people were arrested Sunday by the Genesee County Sheriff’s Office during the Zac Brown Band concert at Darien Lake Performing Arts Center.

Thomas R. Cartere, 22, Graver Road, Niagara Falls, is charged with trespass after allegedly jumping a fence into the concert venue.

Patrick J. Conte, 22, Cayuga Road, Niagara Falls, is charged with trespass after allegedly jumping a fence into the concert venue.

Michael J. Adornetto, 24, Foxhunt Lane, East Amherst, is charged with disorderly conduct after allegedly causing a disturbance at the concert venue.

Michael P. Kedley, 35, Daytona Avenue, Webster, is charged with disorderly conduct after causing a disturbance as he was being ejected from the concert venue.

Samuel J. Carrigan, 50, Hayes Road, Montour Falls, is charged with disorderly conduct after allegedly causing a disturbance as he left the concert venue.

Sandra C. Bauer, 53, Meadow Drive, Boston, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Nicholas H. Nadrowski, 20, Lakeview Road, Lakeville, is charged with trespass and resisting arrest after reentering the concert venue after being ejected and told not to return. Nadrowski then allegedly fought with deputies while being arrested.

Brittany D. McGown , 23, Ash Street, Niagara Falls, Ontario, Canada, was arrested for trespass after allegedly entering the concert venue without a ticket. McGown was released on $100 pre-arraignment bail.

The following people were issued citations for alleged possession/consumption of alcohol under age 21:

Alyssa T. Berkholder, 20, California Road, Orchard Park
Keegan M. Phalen, 20, South Willow Road, East Aurora
Jillian K. Voit, 18, South Woodland Ridge, Elma
Valerie A. Zgoda, 20, Preserve Road, West Seneca
Alexis M. Loffredo, 18, Palecrest Court, West Seneca
Jillian M. Polinski, 19, Valley View Drive, Elma
Nolan A. Ringo, 20, Valley View Drive, Hamburg
Cameron J. Coon, 16, Queens Lane, Hamburg
(Name redacted upon request), 19, Enchanted Forest, South Depew
Rebekah S. Czerniak, 20, Fairview Drive, Alden
Jonathan A. Voss, 17, Bekoda Road, Scottsville
Jonathan K. Cappotelli, 19, West Main Street, Caledonia
Daniel P. Biggins, 19, County Road #11, Rushville
Rachel A. McConnell, 18, South Wind Way, Rochester
Brianna J. Jager, 18, Evergreen Drive, Rochester
Amanda T. Winkler, 20, McKinley Parkway, Blasdell
Alyssa C. Winkler, 18, McKinley Parkway, Blasdell
Ryan A. McGillicuddy, 17, West Pleasant Drive, Eden
Sarah M. Deberardinis, 19, Prospect Street, Angola
(name redacted upon request), 19, Chase View Road, Fairport
(name redacted upon request), 20, Whitney Road, Fairport
Bradley E. Wellenzohn, 18, East Rolling Hills Drive, Orchard Park
Tyler J. Hayden, 18, Ridgewood Road, Buffalo
(Name redacted upon request), 18, Canterbury Trail, Fairport
Courtney J. Simon, 17, Atlantic Avenue, Fairport
Hannah C. Larson, 19, Cable Street, Buffalo
Danielle M. T. Pratts, 18, Fremont Avenue, West Seneca
Carly R. Hatten, 20, North Creek Road, Lakeview
Rebecca M. Bentley, 19, Cassandra Circle, Churchville
Kaila S. Fox, 20, South Prince Street, Depew

Fight on Main Street in Oakfield

By Billie Owens

A group of people are reportedly fighting outside at 26 30 S. Main St. in Oakfield. Sheriff's deputies are responding. At least one of the suspects is a male who lives on Sunset Parkway and allegedly drove away from the scene in a black and red pickup truck with chain link around the license plate.

UPDATE 5:46 p.m.: Deputies on scene report the fighters are gone, but they are going to check some addresses, including 19 Sunset Parkway, for information.

Law and Order: Felony DWI, untaxed cigarettes, and underage drinking

By Howard B. Owens

Michael Barton Kropp, 49, of Coward Road, Byron, is charged with felony DWI, felony driving with a BAC of .18 or greater and aggravated unlicensed operation, 1st. Deputy Joseph Graff responded at 7:25 p.m. Monday to two reports of a suspicious vehicle on Ivison Road, Byron. Kropp's vehicle was located and he was arrested for allegedly driving drunk.

Jhenna Christine Warren, 23, of Daansen Road, Palmyra, is charged with possession of untaxed cigarettes. Warren was stopped at 3:33 p.m. Tuesday on Route 77, Alabama, by Deputy Joseph Corona for an alleged traffic violation and allegedly found in possession of cartons of untaxed cigarettes.

A 17-year-old resident of Ford Road, Elba, is charged with unlawful dealing with a child, 1st. The youth allegedly hosted an underage drinking party involving 20 people under age 21 at his residence last night.

Alexander man enters guilty plea to charge of burglary related to an order of protection

By Howard B. Owens

Nicholas Antonucci, already in prison on convictions in Wyoming County and facing multiple felonies in Genesee County, entered a guilty plea today to one count of attempted burglary, 3rd.

The plea deal caps his potential sentence at two years to be served concurrently with his Wyoming County sentence.

In exchange, all other pending charges -- including those not yet indicted -- are satisfied, including accusations that he stole a pair of snowmobiles from a location in Alexander.

The count in the guilty plea stems from Antonucci entering the dwelling of a person he was ordered not to contact in November 2012.

Batavia man pleads guilt to sexual assault charge stemming from incident in jail

By Howard B. Owens

A Batavia man accused of using a toothbrush to sexually assault a fellow jail inmate late last year entered a guilty plea in County Court today to counts of sexual abuse, 1st.

Raymond Lee Leach Jr., 55, of Montclaire Avenue, also entered a guilty plea to criminal contempt, 1st, which was part of the set of charges that had him in jail in the first place.

Leach entered his plea under what's known as an Alford Plea. Under terms of the plea, Leach doesn't actually admit to the crime. He just acknowledges that he would likely be found guilty by a jury based on the available evidence.

Assistant District Attorney Melissa Cianfrini said the evidence on the criminal contempt charge that would be presented against Leach is that he placed a telephone call to a protected party and threatened to kill her.

On the sexual assault charge, Cianfrini said witnesses would testify that Leach shoved a toothbrush into the rectum of a fellow inmate at the Genesee County Jail and then bragged that the victim had been "booty popped."

The alleged victim suffered physical injury as a result of the assault.

On the first guilty plea, Leach is facing a possible sentence of two-and-a-fifth to five years and three years on the second charge, with the sentences being served concurrently.

He continues being held on $10,000 bail.

Law and Order: Two men accused of trying to skip bill at Sporto's, causing disturbance

By Howard B. Owens

Gregory A. Cole III, 21, of 3 Hyde Park, Batavia, is charged with disorderly conduct (obscene language or gestures) and failure to pay for services. Cole is accused of causing a disturbance at Sport of Kings restaurant in front of customers and refusing to pay for his food order. Also arrested on the same charges was Marquis K. Saddler, 22, of 541 E. Main St., Batavia.

Luz Jamayra Castro, 29, of West Main Street, Batavia, was arrested on a bench warrant stemming from a fourth-degree grand larceny charge. Castro was arrested by the Sheriff's Office, turned over to Batavia PD, arraigned in City Court and then arrested by the Sheriff's Office again on a warrant out of County Court for alleged failure to appear for intermittent incarceration.

Robert L. Williams Jr., 22, of 112 State St., Apt. #2, Batavia, is charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. Williams was stopped for an alleged traffic violation at 3:17 a.m. Saturday on Bogue Avenue, Batavia, by Officer Chad Richards.

Four Rochester men accused of $10K heist from AT&T store

By Howard B. Owens

James P. Garcia Michael A. Olivo Larry E. Fitoria Anthony F. Bovenzi-Ortiz

An apparent burglary of Batavia's AT&T store was thwarted overnight when a sergeant with the Sheriff's Office spotted a suspicious vehicle on Veterans Memorial Drive and decided to check it out.

Sgt. Brian Frieday had just left the Park Road station at 3:30 a.m. when he spotted a vehicle road side with its emergency flashers activated.

According to Investigator Kris Kautz, Frieday's suspicions mounted when the driver, the lone occupant of the car, had trouble answering his questions, so he decided to look around.

A window had been broken out of the AT&T store and additional officers from the Sheriff's Office and Batavia PD responded. 

Allegedly stolen merchandise was discovered in the Target parking lot.

Shortly before 4:30, three additional suspects were located and taken into custody on Oak Street near Noonan Drive.

Following a daylong investigation, the four young men were arraigned this evening in Batavia Town Court in front of Justice Thomas Williams on a charge of burglary in the third degree and ordered held on bail of $10,000 each.

The suspects, all from Rochester, are identified as James P. Garcia, 23, of 26 Dunn St.; Anthony F. Bovenzi-Ortiz, 18, of 19 Peckham St.; Michael A. Olivo, 20, 162 Atlantic Ave.; and, Larry E. Fitoria, 20, of 5239 Culver Road.

A partial inventory of the allegedly stolen items include a Kindle Fire HD, Samsung Galaxy Tab 2, Ipad Mini, LG Optimus Pro, Nokia Lunia 920, Blackberry Z10, Samsung Galaxy S-IV, 10 Samsung Galaxy S-IIIs, an Apple iPhone 4, two Apple iPhone 5s and an Apple iPhone 3g.

The total value of the allegedly stolen merchandise is $9,824.

During arraignment, Williams told the defendants that the evidence against them included at least one oral admission.

Olivio asked Williams, "But they got their property back, right?"

Bonvenzi-Ortiz asked Williams, "How do I get out of trouble right now? I'll totally cooperate. I have school tomorrow. I need to take finals to graduate. I just want to go to school and do my finals."

Williams told the young man that without a bail evaluation, which Genesee Justice will complete after meeting with him tomorrow, he had to set bail at $10,000.

None of the defendants have a prior criminal record.

Law and Order: Man accused of urinating on Thruway from overpass also faces weapon, marijuana charge

By Howard B. Owens

John E. Vauss, 51, of Kohlman Street, Rochester, is charged with public lewdness, criminal possession of a weapon, 4th, unlawful possession of marijuana and no/improper child restraint for a child 4 years old or less. Vauss was allegedly seen by an employee of the Buffalo Federal Detention Center urinating from the Route 98 overpass onto the Thruway below. The employee followed Vauss to the facility where he was detained by Deputy Chris Parker for further investigation. During the investigation, Vauss was found to allegedly possess a bag of marijuana in his front pants pocket A black pipe that was weighted and studded with bolts was found in his vehicle. Vauss was issued an appearance ticket for Town of Batavia Court on all four charges.

Robert C. Fochler III, 50, of 8 East Ave., lower, Batavia, is charged with petit larceny and trespass. Fochler is accused of stealing a 23.5-ounce can of Four Loko Fruit Punch malt liquor from the Hess station at the corner of Oak and Main, Batavia. Fochler was allegedly banned previously from entering the store.

David C. Truesdale Jr., 23, of 18 Tracy Ave., Batavia, is charged with unlawful possession of marijuana. Truesdale was allegedly in possession of marijuana when he was arrested on a City Court warrant related to an aggravated unlicensed operation charge.

Brandi-Lyn Heidenreich, 23, of Garibaldi Avenue, Oakfield, is charged with petit larceny. Heidenreich is accused of stealing $97 in merchandise from Walmart.

Shelin Marie Herold, 20, of Clipnock Road, Bethany, is charged with harassment, 2nd. Herold is accused of punching and slapping another person during an argument.

Christopher Jason Koenig, 17, of Summit Street, Batavia, is charged with petit larceny. Koenig is accused of stealing $159 in merchandise from Kmart.

Richard A. Demmer, 20, of Oakfield, is charged with criminal mischief, 3rd, and criminal contempt, 1st. Demmer was arrested by State Police in connection with an incident reported May 25 in Oakfield. No further details released.

Man on Thruway bridge was allegedly urinating on vehicles

By Billie Owens

A caller reports that a man who was standing on the Thruway bridge allegedly urinating on cars got into a maroon Ford Taurus car and drove to Federal Drive. He's outside the gate of the Federal Detention Center and a Sheriff's deputy is now out with him.

UPDATE 12:44 p.m.: He's in custody.

UPDATE 12:48 p.m.: The suspect lives on Kohlman Street in Rochester and is being charged with public lewdness and urinating in public.

Big fight on Watson and Thorpe in the city

By Billie Owens

About 30 people are fighting on Watson Street, according to a caller to dispatch. City police are now on scene "sorting things out."

On another call, there are a number of black males and females creating a disturbance on the adjoining Thorpe Street. It's unknown if the two incidents are related.

The prime suspect is at 5 Thorpe "and just tried to jump out the window."

UPDATE 8:22 p.m.: A male suspect is running eastbound on the railroad tracks.

UPDATE 8:24 p.m.: "Two people just came out of the woods on the westside of the tracks," says an officer at the scene.

Naked man getting a tan next to SUV at manufacturing facility

By Billie Owens

A man is "sunning himself" in the buff next to an SUV in the parking lot of Traco Manufacturing Co. at 4300 Commerce Drive in the Town of Batavia. After receiving a call from a concerned citizen, Sheriff's deputies are responding.

UPDATE 2:25 p.m.: A deputy is out with him and says now "he is clothed."

Thief uses sawed off shotgun to rob Pandora's Boxxx in Batavia

By Howard B. Owens

A mask-wearing man carrying a sawed-off shot gun robbed Pandora's Boxxx, an adult video and novelty store, as a clerk was preparing to close last night, according to the Sheriff's Office.

The suspect is described as a white male, about 5' 9" tall and weighing more than 200 pounds. He was wearing a camouflage balaclava over his head and dark clothing. He was last seen on foot running through the parking lot of the store toward Ellicott Street Road.

The store is located at 4818 Ellicott Street Road, Batavia. The robbery was reported at 11:39 p.m.

The clerk handed over the contents of the cash register to the man when he demanded cash.

The Sheriff's Office is asking that anybody with information that might assist in the investigation to call (585) 343-5000.

Law and Order: Jackson Street resident accused of stealing from Pringle Avenue porch

By Howard B. Owens

Ryan D. Shumway, 33, of 104 Jackson St., rear, Batavia, is charged with petit larceny and criminal possession of stolen property, 5th. Shumway was arrested following an investigation by Officer Arick Perkins and Sgt. Dan Coffey into a theft reported Monday of an item from the porch of a residence on Pringle Avenue.

Jacob T. Bell, 21, of 205 Washington Ave., lower, Batavia, is charged with assault, 3rd. Bell is accused of being involved in a fight with a family member at 5:10 a.m., Wednesday.

A 17-year-old resident of Coe Avenue, Oakfield, is charged with trespass. The youth is accused of trespassing on property owned by Bonduelle USA, Inc., in the Village of Oakfield. Three other youths were referred to Juvenile Court.

Drew M. Frost, 24, of Attica, is charged with DWI. Frost was stopped on Bowen Road, Darien, by State Police at 12:30 a.m Tuesday.

Drug task force nabs two Le Roy residents on drug charges

By Howard B. Owens

Following a Local Drug Enforcement Task Force raid, two Le Roy residents have been arrested on drug charges.

Taken into custody were Jacqueline D. Cecere, 35, and Brandon M. Longhany, 33, both of Clay Street.

They were charged with criminal possession of a controlled substance, 7th, criminal possessing of a hypodermic instrument and criminal using drug paraphernalia. All three charges are misdemeanors.

Task force agents reportedly found hypodermic instruments, methadone, a small quantity of cocaine, heroin and packaging used for controlled substances.

Uniformed deputies and Le Roy PD assisted in the execution of the search warrant.

Noonan sends man to prison who had a chance to stay out of jail after guilty plea during 'bizarre' trial

By Howard B. Owens

Robert P. Leiser Jr., could be out of jail today, but according to Judge Robert C. Noonan, Leiser couldn't do one simple thing: follow a court order.

Noonan gave Leiser, originally indicted on two counts of assault, 2nd, a chance at a sentence of credit for time served after Leiser entered a guilty plea in the middle of his trial in April to a lesser charge of second degree attempted assault.

It's probably the first time Noonan has ever allowed a plea bargain after a trial has begun, but according to Noonan it was the most bizarre trial he's presided over and it was clear to him, he said, that the main witness against Leiser wasn't telling the truth.

"Mr. Burns (attorney Thomas Burns) saying that this was a dysfunctional relationship between you and the complainant, that's probably the understatement of the decade," Burns said. "This was a relationship that was nothing short of bizarre between two people who share a responsibility for the conduct that brought us here today."

However, Noonan said, the only person with an order of protection in place was Leiser.

Leiser was arrested in August and accused of hitting a woman in the head with a flashlight.

In deciding to sentence Leiser to one-and-a-third to three years in prison, Noonan said he also considered Leiser's criminal record, which includes at least 40 arrests and two stints in prison.

"In 25 years of criminal history, you just get arrested, go to jail, get out, go to prison, get out," Noonan said. "I don't know when you're going to wake up and say, 'I'm a grown man now, I'm in my 40s, and I need to take charge of my life and not go back to prison.' "

Noonan had hoped, he said, that Leiser could prove he was ready for that change after his guilty plea when Noonan released him from jail under supervision (RUS) of Genesee Justice.

Burns argued that Leiser wasn't accused of using drugs while he was on RUS and there is no evidence that he used drugs, but Noonan said Leiser violated his RUS contract in numerous other ways.

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