crime

Charles D. Johnson, appearing before Judge Robert C. Noonan for the first time on charges that could land him in prison for life, became argumentative near the end of his arraignment over the issue of who should represent him.

"I don't want this man as my lawyer," said Johnson, moments after entering a not guilty plea to an eight-count indictment that includes charges of predatory sexual assault, a Class A-II felony, rape in the first degree, criminal sexual act in the first degree and sexual abuse in the first degree.

Johnson, whose aunt and other family members were in the courtroom, said his family is hiring an attorney for him.

Today, he was represented by Public Defender Gary Horton.

Noonan tried to explain to Johnson that until the point that a private attorney is hired, he has assigned counsel for his own protection and that Horton is his attorney for now.

The 29-year-old Johnson repeatedly interrupted Noonan. "Don't I have a right to say who my attorney is?" Johnson said. "I did not request him," he said. "I want a different attorney." "Can't my family have 30 or 45 days to hire an attorney?"

Finally, Johnson asked to represent himself until his family hires an attorney.

Noonan told him the case was over for the day and if his family hasn't hired an attorney by the time of his next scheduled court appearance -- Aug. 13 -- he can address the attorney issue then.

Johnson is accused of breaking into the apartment of a woman May 9 and using a knife to threaten her while sexually assaulting her.

Following his arraignment in Town of Le Roy Court, Johnson was ordered held without bail. Today, Horton argued that some bail -- perhaps high bail -- should be set for Johnson.

Horton found fault with the bail evaluation, saying he should have scored higher because he lives with his aunt and because he's been on public assistance for a number of years. He also said his client denies daily use of marijuana.

"He denies any chronic drug use," Horton said.

Assistant District Attorney Kevin Finnell said no bail was preferable, but if Noonan set bail, it should be at least $100,000 cash.

"The bail evaluation is scored negative eight points and that's appropriate," Finnell said. "It was properly prepared and verified. I would submit that Mr. Johnson isn't entitled to any more points than given in the evaluation, and even if he were, the crimes charged in this indictment are very serious and present a grave risk of flight."

Noonan said that since Johnson faces a possible life prison term he should be held without bail until trial.

As soon as Noonan said that, Johnson started arguing about his attorney.

John Neil Leisten, 33, of Clinton Street Road, Bergen, was arrested on a bench warrant related to a second-degree menacing charge. Leisten was taken into custody by the Probation Department on a warrant out of Town of Alabama Court. He was jailed on $750 cash bail or $1,500 bond.

Daniel James Leisten, 42, of Clinton Street Road, Bergen, is charged with failure to obey support order. Leisten was arrested in connection with a Probation Department visit to his home to speak with his brother. He was jailed on $2,000 bail.

Joey A. Evans, 22, of 202 State St., Batavia, is charged with petit larceny. Evans allegedly admitted to a theft of a bicycle from 400 Towers following several anonymous tips to police from readers of The Batavian.

Darrell Smith, 46, of 26 Queens Drive, West Seneca, is charged with criminal obstruction of breathing/blood circulation. Smith is accused of grabbing a woman he knew by the throat.

Bill A. Thomas, 53, of 252 State St., Batavia, is charged with disorderly conduct (creating a hazardous or offensive condition), disorderly conduct (obscene language/gestures) and open container. Thomas was arrested at 140 W. Main St., Batavia, for an alleged incident reported at 6:15 p.m., June 3, at 15 Main St., Batavia. No further details were released.

Danny J. Torok Jr., 26, of 3177 Dodgeson Road, Alexander, is charged with burglary, 1st (use or threat of use of a dangerous instrument), criminal possession of a weapon, 3rd, unlawful imprisonment, 1st, criminal contempt, 1st (violating an order of protection while using a weapon), and menacing, 2nd. Torok was taken into custody by Batavia PD on an arrest warrant. The alleged incident was reported at 1:30 a.m., May 16. He was jailed without bail. No further details were released.

Cherkiga Starks, 36, of 335 Bank St., Apt. A7, is charged with endangering the welfare of a child. The alleged incident occurred at 11:57 p.m., May 31. No further details were released.

Steven E. Wells, 51, of Macomber Road, Oakfield, is charged with DWI, driving with a BAC of .08, aggravated unlicensed operation, 1st, operating without an interlock ignition device, and driver's view obstructed. Mary E. Wells, 51, of Macomber Road, Oakfield, is charged with facilitating aggravated unlicensed operation, David Daniels, 56, of Macomber Road, Oakfield, is charged with consumption of alcohol in a motor vehicle. Steven Wells was stopped at 2:11 p.m., Sunday, on Slusser Road, Pembroke, by Deputy Chris Parker for allegedly driving with driver's view obstructed. Upon investigation, he was found to be allegedly driving drunk. Mary Wells is reportedly the registered owner of the vehicle and is accused of knowing Steven Wells did not have a valid driver's license. David Daniels was a passenger in the vehicle and was allegedly consuming alcohol while in the back seat.

Jason Leo Antos, 21, of Independence Avenue, Niagara Falls, is charged with criminal trespass, 3rd, and unlawful dealing with a child. Antos is accused of unlawfully entering the campgrounds at Darien Lake Theme Park and supplying alcohol to a minor.

Joshua M. Gaudioso, 24, of Lake Street, Le Roy, is charged with possession and transportation of more than 400 untaxed citgarettes. Gaudioso was stopped for an alleged traffic violation at 5:43 p.m., Saturday, on West Main Street, Le Roy, by Deputy Patrick Reeves. During the stop, Gaudioso was allegedly found in possession of more than 400 untaxed cigarettes and operating on a suspended registration.

Heather Jo Lehman, 20, of Oliver Street, North Tonawanda, is charged with criminal trespass, 3rd, and unlawful possession of alcohol under age 21. Lehman was allegedly on Darien Lake Theme Park campgrounds property unlawfully and in possession of alcohol at 3:19 a.m., Sunday.

Jeffrey Scott Canale, 43, of Orchard Drive, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed on curve, leaving the scene of a property damage accident and failure to keep right. Canale was allegedly driving a 1999 BMW on Oatka Trail, Le Roy, at 2:13 a.m., when he was involved in a single-car accident.

Elizabeth Anne Weiner, 22, of Conkey Avenue, Rochester, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Weiner was a passenger in a vehicle stopped for an alleged traffic infraction June 2 by Deputy Patrick Reeves. She was allegedly found in possession of Ecstasy (MDMA) and marijuana.

Clifford Leo Regimbal, 34, of Granite Street, Webster, Mass., was arrested on bench warrants for alleged criminal possession of marijuana and unlawful growing of cannabis. Regimbal is being held on an unrelated matter after being returned to New York from Massachusetts, and was arrested on warrants out of Town of Alabama Court. He was also arrested on warrants out of Village of Corfu Court for alleged criminal use of drug paraphernalia and possession of a controlled substance, 7th.

Joel David Prouty, 27, of Fisher Road, Oakfield, is charged with criminal contempt, 1st. Prouty is accused of stalking and harassing a protected person in violation of a court order issued by Judge Robert C. Noonan.

Jesse S. Repass, 26, of Oakfield, is charged with petit larceny. Repass is accused of stealing from a location on Lewiston Road, Batavia, and was arrested by a state trooper.

Charles D. Johnson is indicted on two counts of predatory sexual assault, a Class A-II felony, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, criminal possession of a weapon in the third degree, burglary in the first degree, criminal mischief, 4th. Johnson is accused of raping a woman in Le Roy on May 9 and using a knife in commission of the crime and threatening the victim with the knife. He is accused of breaking into the residence with the intent to commit a crime using a knife and of breaking a window screen to gain entry. The criminal possession of a weapon count is also based on a prior conviction for Johnson in the City of Buffalo on an obstructing governmental administration charge.

Stephen E. Johncox is indicted on counts of burglary, 3rd, and petit larceny. Johncox is accused of entering a building on Hebbard Road, Le Roy, with the intent of committing the crime of stealing deep cell marine batteries.

Matthew R. Smith is indicted on a count of rape, 1st, and sexual abuse, 1st. He is accused of raping a person in Alabama on Jan. 31.

Daniel L. Dioguardi is indicted on counts of criminal possession of stolen property, 5th, two counts of criminal possession of a forged instrument, 2nd, burglary, 2nd, and petit larceny. Dioguardi is accused of illegally possessing a Sony Playstation Vita and a game, "Unit 13." He's accused of possessing two forged checks, written out for $120 and $150. He is accused of entering a residence on North Lyon Street, Batavia, with the intent to commit a crime. He is accused of stealing prescription pills and cash.

Rowlan Gureje is indicted on two counts of criminal possession of stolen property, 3rd. Gureje is accused of possessing stolen Dell projectors with a value of $23,657 and stolen 3200 WXGA network projectors with a value of $18,025.

James R. Barnett is indicted on two counts of criminal possession of stolen property third and one count of criminal possession of a forged instrument, 2nd. Barnett is accused of possessing stolen Dell projectors with a value of $23,657 and stolen 3200 WXGA network projectors with a value of $18,025. He's also accused of of possessing a forged NYS driver's license.

Christopher W. Fowler is indicted on counts of felony DWI and felony driving with a BAC of .18 or greater. Fowler is accused of driving drunk Jan. 20 on Miller and Stegman roads. Fowler allegedly has a prior DWI conviction in the City of Batavia on May 20, 2010.

A resident in the 6700 block of Crosby Road in Basom who returned home about 20 minutes ago saw two men entering his front door. He went into a bedroom and called 9-1-1. He didn't see them leave and when Sheriff's deputies arrived it was thought they could still be inside.

They weren't found inside and an officer told dispatchers he saw a silver or white Pontiac sport utility vehicle, "crossover style," driving down Crosby headed toward Route 77. Niagara and Orleans counties were notified to be on the lookout for the vehicle.

The suspects are described at dark-skinned, about 6 feet tall, wearing "old style" black hoodies. A Dell laptop computer is missing from the Crosby Road house and investigators are on scene.

Lamar Iteef Randall, 27, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, criminal impersonation, aggravated unlicensed operation and speeding (71 in a 55 mph zone). Randall was stopped for allegedly speeding at 5:50 p.m., Wednesday, on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Paul W. Zambito, 64, of Kendall Road, Pavilion, is charged with forged inspection. Zambito was stopped by a Wyoming County Sheriff's deputy in the Town of Covington for an alleged expired vehicle inspection and no front plate. His vehicle inspection was allegedly found to be forged.

Cassi Ann Schutt, 26, of West Crest Drive, Rochester, is charged with petit larceny and trespass. Schutt was allegedly observed by security at Walmart shoplifting $270 in merchandise. Schutt was charged with trespass because she has been allegedly banned from all Walmart stores because of a prior shoplifting accusation.

Terry Ann Fulmer, 60, of Jackson Street, Batavia, is charged with petit larceny. Fulmer is accused of stealing $32.03 in merchandise from Kmart.

Daniel P. Ingraham, 44, of 12 Fawn Ridge Road, Henrietta, is charged with obstructing governmental administration, 2nd, and open container. After Batavia PD was dispatched to Austin Park to investigate a report of an intoxicated male, Ingraham was allegedly observed driving a 1990 red Chevrolet Blazer through the back parking lot of the police station. Ingraham parked and got out of the vehicle. Officers reportedly attempted to escort Ingraham into the police building for further investigation when he allegedly fled, running through Austin Park. He was apprehended on Porter Avenue. Ingraham was ordered held without bail pending his next court appearance.

A second person has been accused of illegally growing marijuana in Le Roy following a raid Friday of a residence on East Main Street, across from Wolcott School.

Charged with unlawful growing of cannabis, a Class A misdemeanor, is 33-year-old Michael J. Penvose.

Penvose was in the news in April after he was accused of stealing a thermometer from Le Roy's Dollar General store. Penvose told officers he stole the thermometer because he had a sick infant daughter. A Le Roy police officer purchased the thermometer for Penvose.

Members of the the Local Drug Enforcement Task Force, assisted by Le Roy PD and Sheriff's deputies, executed a search warrant on the Penvose residence and because of the uncertainty of what might occur during a law enforcement raid, officials asked that students at Wolcott "shelter in place."

Penvose was also cited for alleged unlawful possession of marijuana and issued an appearance ticket on both charges.

Sara Schimley, 23, was home at the time of the raid and also charged with unlawful growing of cannabis, a Class A misdemeanor, and unlawful possession of marijuana.

Phony "high-end" season passes for Darien Lake Amusement Park and the campsites, complete with wristbands, were allegedly being sold at the parking lot of the Flying J Travel Center in Pembroke some time today. They were said to be selling for $200 and, apparently, some people bought them.

A Sheriff's deputy is responding to the travel center after dispatch received a call from officials at Darien Lake. There is no description of the seller(s) or the vehicle, but the deputy is investigating the matter.

UPDATE 7:32 p.m.: Barbara Pierce, a spokeswoman for Darien Lake, offers the following clarifications. Darien Lake is not allegeding anything. Officials received a call that caused concern about wristbands being sold by an unauthorized seller and asked the Sheriff's Office to check it out. There was no concern about season passes, just wristbands that are provided to guests of the park's hotel and campgrounds to gain access to the theme park. The bands are color-coded daily and a caller contacted Darien Lake to try and find out what color was being used today.  The park was closed today so there was no wristband for the park today. 

A former Oakfield resident admitted in County Court today that prior to his sentencing on burglary charges in March 2012, he violated his release under supervision agreement and fled the area.

Benjamin W. Muntz, 24, is currently in state prison on a burglary conviction, but the pre-sentence report done previously for his grand larceny conviction is now out of date and must be redone.

There also needs to be a new report done on his conviction for bail jumping prior to sentencing.

Sentencing on both charges was set for Sept. 4.

Muntz is currently serving three and half to seven years on his burglary, 3rd, conviction. He faces another three-plus years for burglary, which could be served either concurrently or consecutively, depending on Noonan's decision in the fall.

The sentence on the bail jumping charge, which could be from one and half to three years, must be served consecutive to any other sentence, according to state law.

Muntz was returned to Genesee County after serving a brief jail sentence in Arkansas and he is wanted in Georgia.

A man whose DNA profile was indicted on alleged burglary charges appeared in County Court today presumably to plead guilty, but the District Attorney's Office asked for an adjournment because of a new investigation into another alleged crime.

Assistant District Attorney Will Zickl said his office had offered Samuel G. Malone, 27, of 36 Walnut St., Batavia, a chance to plea guilty to burglary, 3rd, and attempted burglary, 3rd. But with potentially new evidence of another alleged crime, he said District Attorney Lawrence Friedman wanted to make sure what all of the potential charges were before finalizing a plea arrangement.

Molone, who is out of jail under supervision, is scheduled back in court at 10:15 a.m., June 18.

A DNA profile that was later matched with Malone was indicted by a grand jury in December on counts of two counts of burglary, 3rd, and one count of attempted burglary, 2nd.

A few days after his arrest in April, he was charged with another count of burglary 3rd.

The plea arrangement contemplated by the attorneys is for Malone to plead guilty to two counts and serve a period on probation before Noonan would decide on a possible prison sentence.

Rhonda L. Reisman, 40, of 105 State St., is charged with dog running at large. Batavia PD received a complaint of a dog running at large on State Street. Reisman was identified as the owner.

Heather E. Schramm, 33, of 48 South Main St., Batavia, is charged with aggravated harassment, 2nd. Schramm is accused of sending a threatening message to another person.

Arron Lee Zimblis, 49, of 114 Vine St., Batavia, is charged with DWI, failure to stop, unsafe movement of a stopped motor vehicle and failure to yield right of way to an emergency vehicle. Officer Jamie Givens allegedly observed Zimblis commit traffic infractions Wednesday after receiving a report of an intoxicated person leaving a residence.

Daniel S. Anderson, 37, of 239 S. Swan St., Batavia, is charged with criminal possession of a weapon, 3rd. Anderson was arrested Friday following an investigation into a prior complaint. He was ordered held pending a court appearance today.

Billy Joe Johnson, 35, of 3910 W. Main Street Road, Batavia, is charged with harassment, 2nd. Johnson was arrested following an investigation into an alleged incident reported at 7:02 a.m., Sunday, at a location on State Street.

Shawn Allen Bush, 43, of Alleghany Road, Pembroke, is charged with two counts harassment, 2nd. Bush allegedly threatened to harm his ex-girlfriend and son while in an intoxicated condition.

Brian Russell Wilson, 24, of Back Street, Pembroke, is charged with unlawful possession of marijuana. Wilson was allegedly found in possession of marijuana during a traffic stop at 12:58 a.m. Sunday on Main Street, Oakfield, by Deputy Patrick Reeves. Matthew Metehan Osmancikli, 20, of Lewiston Road, Basom, was also charged.

Anthony Mark Matla, 42, of Park Avenue, Oakfield, is charged with harassment, 2nd. Matla allegedly threated to harm another person Saturday during an argument at a residence on Pratt Road.

A 16-year-old resident of Warboys Road, Byron, is charged with criminal possession of a controlled substance. The youth was allegedly found in possession of half a hydrocodone pill while at Byron-Bergen High School.

Jennifer L. Sprague, 30, of Pringle Avenue, Batavia, was arrested on a child neglect charge out of Family Court. Sprague was arrested after a bit of an alleged confrontation with police at her residence. Deputy John Baiocco reports that Sprague slammed the door after he arrived at the residence and locked herself inside. The house was surrounded with the help of Batavia PD and following some negotiations, Baiocco was able to arrest Sprague.

Heather D. Stone, 18, of Ellwood Drive, Rochester, is charged with burglary, 3rd, and petit larceny. Stone was turned over to the Sheriff's Office after being released from the Monroe County Jail on an unrelated matter. A warrant had been issued in Town of Le Roy Court for Stone's arrest. She was jailed on $2,500 bail.

A person in a blue pickup truck was seen on Jericho Road, Bergen, smashing mailboxes.

The caller attempted to follow the truck, but it took off at a high rate of speed and the caller was not going to attempt to keep up with it.

It was last seen on Creamery Road.

A thief threw a rock through a window door at the Sherwin-Williams store on Liberty Street, Batavia, some time overnight and made off with an undisclosed amount of cash from a safe in the office.

The store is open today.

Batavia PD is not releasing any further information at this time.

An investigation by the Local Drug Enforcement Task Force into alleged marijuana cultivation in Le Roy has led to the arrest of a woman following a raid of a home on East Main Street near North Street.

Officers from multiple agencies participated in the raid and as a precaution, administrators of Wolcott School were asked to have students shelter in place.

Taken into custody and issued an appearance ticket was Sara Schimley, 23, of East Main Street, Le Roy

Schimley is charged with unlawful growing of cannabis, a Class A misdemeanor, and unlawful possession of marijuana.

The investigation is ongoing and additional charges may be pending.

Participating in execution of the search warrant were uniformed officers from Le Roy, the Sheriff's Office and State Police.

The search allegedly uncovered a quantity of marijuana and equipment used to grow marijuana.

A Pavilion resident already in custody for allegedly for possessing a stolen truck was charged today with burglary following an investigation by Le Roy PD.

The initial arrest of Bryan M. Hargrave, 26, of 7273 Morrow Road, Pavilion, came Saturday by the Sheriff's Office.

Earlier that day, a box-style work truck was reported stolen from a West Main Street, Le Roy, location. A deputy located the truck in Bethany and Hargrave was arrested.

On the morning the truck was reported stolen, Le Roy PD received a report at 12:30 a.m. of a forced-entry burglary in progress at a business on Lake Street.

Investigators developed a suspect, but the man could not be located at that time. 

With Hargrave in custody on the stolen property charge, Le Roy PD continued to investigate the Lake Street burglary.

Today, Hargrave was charged with third-degree burglary and a first-time DWI misdemeanor.

A search warrant was executed at a property within view of Wolcott Street Elementary School in Le Roy this morning, prompting school administration to issue a stay-put order -- known as "shelter in place" but not a complete lock down of the facility.

The measure was taken so that children would not witness Le Roy Police and the Local Drug Enforcement Task Force raid a house where they suspected marijuana was being grown.

Shortly after 9:30 a.m., law enforcement conducted the action and took one person into custody. There were no weapons fired or injuries. Once the operation ended, the school day continued as normal.

Two people in Le Roy have complained to police, according to Chief Chris Hayward, of getting phone calls that sound suspiciously like a scam.

Hayward is asking local media to alert seniors to the potential scam, which Attorney General Eric T. Schneiderman issued a statement about a few days ago.

The purported scam begins with a robo call that tells seniors they've been approved for an emergency alert device that they can receive for free. Scare tactics are used to encourage seniors to continue with the call, telling them that seniors have died when emergency responders were not notified quickly enough.

The company allegedly running the scam may be based in the Utica area and employs a 315 area code.

For a $35 monthly fee, the company says it will monitor this free equipment.

Potential victims are asked to give personal billing information over the phone.

Schneiderman issued the following tips on avoiding fraud:

• Never give out billing or other personal information over the phone, especially if you receive an unsolicited telephone call from a stranger;
• Never cash a check from an unknown source, especially if you are being asked to wire a portion of the proceeds to a stranger;
• Never wire money to someone you don't know who contacts you; it's the same as handing over cash.

Kyle Justin James Jackson, 20, of Slusser Road, Batavia, is charged with burglary, 2nd. Jackson is accused of entering a residence on Batavia-Oakfield Townline Road, Batavia, and stealing property. Jackson was jailed on $5,000 bail.

Jonathan Edward Fox, 25, of Rumson Road, Rochester, is charged with DWI, refusal to take breath test and failure to dim headlights. Fox was stopped at midnight, Monday, on Route 19 in Le Roy by Deputy Matthew Butler.

Batavia PD is looking for the public's assistance in resolving an alleged bike theft at 400 Towers on the night of May 19.

The subject in these photos is wanted for questioning and police are asking the public's help in identifying him.

Anybody with potentially helpful information should contact Officer Jamie Givens at (585) 345-6450.

Omar Negron-Mejias Nicolas Roman

Updated with a little more info, 10:03 a.m.

Drugs and a gun were allegedly found in a Nissan Altima located on State Street Road, Batavia, on Tuesday evening following a complaint of a suspicious vehicle.

Three men from Rochester were with the vehicle and all three were arrested following a search of the Altima.

One man was allegedly found with a loaded handgun and investigators also allegedly found cocaine, heroin and marijuana.

Arrested and held on $25,000 bail after being arraigned in Town of Batavia Court on charges of criminal possession of a narcotic drug with intent to sell, criminal possession of a loaded firearm and unlawful possession of marijuana was 23-year-old Omar Francisco Negron-Mejias of Herald Street, Rochester.

Nicolas Luis Roman, 22, of Ketchum Street, Rochester, was charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana.

Neal John Schifano, 36, of Willington Avenue, Rochester, was charged with possession of a hypodermic instrument.

The vehicle drew attention because one of the subjects was out of the vehicle walking around it, said Chief Deputy Jerome Brewster. When Deputy Joseph Graff arrived the man got back in the vehicle and proceeded to a nearby driveway and Graff approached it a second time.

Brewster said contraband was observed in the vehicle and the investigation proceeded from there.

Investigators are still trying to determine why the men were in Batavia.

The investigation is ongoing and further charges may be pending.

The Sheriff's Office received the report of a suspicious vehicle at 6 p.m. and Deputy Graff responded. He was later assisted at the scene by were members of the Local Drug Enforcement Task Force and Batavia PD.