crime

Law enforcement is looking for a suspect wanted on a Genesee County Court warrant and he was last seen at 19 Manhattan Ave. running through back yards toward Ross Street.

His name is Ryan P. Johnson, 22, and he is described as white, about 5'7" and weighing about 160 pounds.

He is wearing khaki shorts, sneakers and a white T-shirt and a baseball cap.

If you see a person matching this description, phone the Sheriff's Office at 343-5000.

UPDATE: Johnson has made arrangements to turn himself in.

Patrick Maxwell Hackett, 44, of West Main Street Road, Batavia, is charged with rape, 3rd, unlawful dealing with a child, 1st and endangering the welfare of a child. Hackett is a registered Level 2 sex offender. He is accused of engaging in sexual relations with a minor in the Town of Batavia. He also allegedly supplied alcohol to the minor. Hackett was taken into custody with the assistance of Batavia PD.  He was jailed without bail.

Francisco Javier Molina, 47, of Edgecreek Trail, Rochester, is charged with DWI, driving with a BAC of .08, speed not reasonable and prudent, failure to keep right and consumption of alcohol in a motor vehicle. Molina was allegedly driving on Route 33, Stafford, at 7:53 p.m., Tuesday, when he took a left turn too fast onto Caswell Road. Molina and his passenger were allegedly seen tossing beer cans from the vehicle. They were both issued citations for alleged littering and Molina was cited for alleged refusal to take a breath test. Molina was stopped by Sgt. Greg Walker.

Billie Jeremy McMurty-Rivera, 28, of Hollenbeck Street, Rochester, is charged with falsifying business records, 2nd. McMurty-Rivera, while incarcerated in the Genesee County Jail, is accused of altering commissary paperwork of three other inmates without their consent to obtain food and other products. Bail was set at $5,000.

A fourth suspect has been rounded up in the joint-agency investigation into thefts in the Le Roy area of high voltage wire from industrial facilities.

Dustin G. Nicometo, 25, of Bernville, Pa., has been charged with burglary, 3rd, and grand larceny, 2nd.

Nicometo is the brother of Michael A. Nicometo 28, 45 North St., Le Roy.

The older brother was arrested in March. Later, two alleged accomplices were also taken into custody: Jonathan D. Smeak, 22, of State Street Road, Batavia, and Joseph Paul Pratt, 18, of Church Street, Le Roy.

Police allege that Dustin was living with Michael at the time of the thefts and participated in the crimes.

Le Roy PD arrested Dustin in Bernville and returned him to Le Roy for arraignment. Correction: Dustin was arrested locally.

The found men are accused of being part of a ring that stole high voltage wire and copper wire from a warehouse on Lake Street in the Village, from Dolomite's Gulf Road facility and from other locations in the town and Village of Le Roy.

Dustin is accused of participating in the thefts between Nov. 30 and Jan. 2.

According to Le Roy PD, no further arrests are expected in the case.

Bail for Dustin was set at $15,000 cash or $30,000 bond.

An anti-religious vandal damaged three church buildings in Batavia overnight.

The person used black spray paint to scrawl "Religion is a mind virus." 

At Grace Baptist Church, 238 Vine St., the tag "NOZ" was added.

Also struck were the Assembly of God at 24 N. Spruce St. and City Church downtown on East Main Street.

The perpetrator, if ever caught, is facing possible prosecution for a hate crime under New York law, said Officer Jamie Givens, who is handling the investigation.

She said the other charges include graffiti and criminal mischief.

At City Church the phrase was sprayed on glass and was easily washed away by church staff.  At Grace Baptist the vandal damaged painted brick, and at Assembly of God, wood, which will be more costly and difficult to repair.

In all three locations, Givens said, the vandal used black spray paint and the handwriting matches in all three cases.

Nobody has reported seeing anything suspicious around the churches last night and there are no suspects or suspect descriptions available.

There were no cameras in the area that could be used to help identify the suspect.

There are no other reports so far of other churches being hit.

Givens said there's no apparent "rhyme or reason" as to why these three churches were targeted.

Anyone with information that may assist the investigation can contact Batavia PD at (585) 345-6350.

Antonio Lester James, 22, of Rochester, was arrested on a bench warrant from Genesee County Court on a charge of grand larceny, 4th. He was arraigned and bail set at $25,000. He was returned to Monroe County Jail where he is being held on unrelated charges.

Kevin J. Weber, 42, of 5 Columbia Ave., Batavia, is charged with criminal obstruction of breathing/blood circulation, coercion in the second degree, and harassment, 2nd. He is jailed on $2,500 bail or $5,000 cash bond. Weber was arrested after a domestic incident wherein it is alleged that he shoved a female into a wall after an argument and grabbed her by the throat.

Justin C. Hofert, 25, of 81 Woodstock Gardens, Batavia, was arrested May 2 by Batavia Police officer Perkins in the UMMC parking lot after it was reported that he allegedly pushed a female while their child in common was present. He was arraigned and released on his own recognizance, charged with harassment, 2nd, criminal contempt, 2nd, and endangering the welfare of a child,

Lakeisha A. Gibson, 26, of 1353 Lewiston Road, Alabama, was arrested on warrants May 2, and charged with criminal mischief, 4th, harassment, 2nd, and disorderly conduct. She had an arrest warrant for the first two charges, and a bench warrant for the disorderly conduct charge. She was arraigned in city court and released on her own recognizance.

Samantha Brooks, 26, of Myrtle Street, Le Roy, was arrested by a Sheriff's deputy April 30 and and charged with petit larceny. She is accused of shoplifting $21.98 worth of merchandise from Kmart. She was issued an appearance ticket and has to return to Batavia Town Court on May 20.

Stephanie Grace Pelkey, 18, of Snipery Road, Corfu, is accused of stealing $38.87 worth of merchandise from Kmart on May 3. She will be arraigned May 30 in Batavia Town Court on a charge of petit larceny.

Joshua Michael Pierce, 18, of Meadowbrook Terrace, Corfu, is accused of stealing $38.87 worth of merchandise from Kmart on May 3. He will be arraigned May 30 in Batavia Town Court on a charge of petit larceny.

Autumn M. Sierra, 19, of Brooklyn, was arrested by Batavia Police and charged with unlawful possession of marijuana and not wearing a seat belt. The defendant was arrested after a traffic stop by officer Darryl Streeter after he allegedly observed her sitting on the lap of the front middle passenger of a vehicle on East Main Street. She was issued an appearance ticket and released.

Caitlin A. Hanley, 24, of 8080 Batavia Stafford Townline Road, was arrested May 3 by Batavia Police officer Marc Lawrence on a bench warrant out of Bergen County, New Jersey, for failure to appear. She was arraigned and put in Genesee County Jail without bail, awaiting extradition.

Two people have been cited following an investigation into alleged illegal taxi cab operation in Genesee County.

Julious Murphy, 60, of Ellicott Street, Batavia, was issued citations for alleged improper plates and operating without proper for-hire insurance.

Jennifer L. Cudney, 32, of Walden Creek Drive, Batavia, was cited for alleged operating while on a mobile phone, improper plates, operating out of class and operating without proper for-hire insurance.

Murphy and Cudney were cited by the Sheriff's Office following an investigation that began with complaints about alleged illegal taxi cabs operating in Genesee County.

Taxi cabs in New York must register with the proper for-hire class. The operator must possess a Class E driver's license and the vehicle must have insurance covering the for-hire usage.

Assisting in the investigation were Batavia PD, the DMV and the District Attorney's Office.

The investigation was handled by Sgt. Thomas A. Sanfratello, Sgt. Brian Frieday, Sgt. Dan Coffey, Officer Darryle Streeter and members of the Local Drug Enforcement Task Force.

Jesse M. Woods, 18, of Lake St., Le Roy, is charged with assault, 2nd. Woods allegedly fought with a person outside a residence on Myrtle Street, Village of Le Roy, and as a result the other person suffered serious injuries. Woods was jailed on $500 bail.

Matthew Brian Starowitz, 24, of Whitney Mill Road, Elba, is charged with criminally using drug paraphernalia, criminal possession of marijuana, 5th, and parking on a highway. Starowitz was allegedly found parked the wrong way on Whitney Mill Road at 3:06 a.m. by Deputy Frank Bordonaro.

Daniel Taylor Manhardt, 20, of Hopkins Road, Corfu, is charged with unlawful possession of marijuana. Manhardt's vehicle was stopped for alleged equipment violations at 2:01 a.m. Thursday on Cleveland Road, Pembroke, by Deputy Joseph Corona.

Local investigators are hopeful that the man responsible for two smash-and-grab burglaries at convenience stores the night of April 25 is in custody.

James Trala, 26, of Buffalo, has not been charged locally yet, but Investigator Kris Kautz, Sheriff's Office, and Detective Pat Corona, Batavia PD, think Trala might be their man.

Trala was arrested by Amherst PD for alleged drunken driving. He was stopped at 1:30 a.m., only a short time after a glass break alarm was set off at a convenience store in Amherst.

Officers recognized the description of Trala's vehicle and put the pieces together that he might be connected to their own smash-and-grab burglary.

Trala has been charged in Erie County with felony DWI, burglary, 3rd, grand larceny, 4th, criminal mischief, 3rd, aggravated unlicensed operation, 1st, as well as a host of misdemeanors and citations.

Kautz and Corona are still putting their cases together for possible charges in Genesee County, but they suspect he is the person who broke through glass doors at the West Main Mini-Mart, 3845 W. Main Street Road, and at Raceway Mini-Mart, 629 E. Main St., Batavia.

The perpetrator fled off with a cash register and cartons of cigarettes.

Trala has prior arrests in Batavia and is thought to be familiar with the area.

Francis Smith, whom Judge Robert C. Noonan characterized a "one-man crime spree in our community," is going to prison for a decade.

Smith, 19, was caught in the act of burglarizing a home on Washington Avenue in the city on New Year's Day. He immediately became a suspect in a series of other burglaries in the South Main Street area and eventually entered a guilty plea to two counts of attempted burglary, 2nd.

He was facing a maximum sentence of 14 years in prison. Noonan gave Smith two consecutuve five-year terms.

Daniel T. Gannon, 52, of 215 Liberty St., Batavia, and Deborah A. Monte, 48, of 210 Liberty St., Batavia, are both charged with disorderly conduct. Batavia PD responded to a report of two people fighting on Liberty Street at 11:30 p.m., Wednesday. After officers arrived, Gannon and Monte allegedly continued to threaten each other.

Terrell D. Bloom, 22, of West State Street, Albion, is charged with petit larceny. Bloom was arrested on a Town of Batavia warrant by Albion PD and handed over to the Sheriff's Office. He was arraigned and jailed on $500 bail.

Dakota M. Smith-Neal, 21, of 20 S. Main St., Batavia, is charged with arson, 5th. During an alleged domestic incident, Smith-Neal allegedly tore pages from a personal journal belonging to his girlfriend and set them on fire while in front of the residence. Smith-Neal was jailed on $1,000 bail.

Convicted burglary Benjamin William Muntz, 24, of Maltby Road, Oakfield, who allegedly failed to appear in County Court for a sentencing a year ago has been charged with bail jumping in the second degree.

When Muntz was sentenced on the burglary charge last week, the District Attorney's Office was undecided at that point on whether to charge Muntz with bail jumping.

Judge Robert C. Noonan was did not want to sentence Muntz on both of his felony convictions with the possibility of a bail jumping charge pending.

If convicted of bail jumping, Noonan will have the option, or not, of giving Muntz three consecutive prison terms -- for burglary, grand larceny and bail jumping.

Muntz was arrested in October in Fayetteville, Ark., where he served a short prison term on burglary-related charges. When he was released last week, he was immediately taken into custody by the Sheriff's Office and returned to Genesee County.

Muntz is scheduled to appear in court again June 4.

Joshua Joseph Gerber, 19, of Milliner Street, Rochester, is charged with driving while impaired by drugs, unlawful possession of marijuana and failure to yield right of way at stop sign. Gerber was charged following a two-car injury accident at 12:32 p.m., Sunday, at the intersection of Randall Road and Keeney Road, Le Roy. (Initial Report)

Nefetiria L. Turner, 30, of 3 Pringle Ave., Batavia, is charged with harassment, 2nd. Laqueasha M. Taylor, 19, of 3 Pringle Ave., Batavia, is charged with harassment, 2nd. Turner and Taylor were allegedly involved in a fight near the intersection of Pringle Avenue and Central Avenue at 6 p.m., Friday.

A 17-year-old Le Roy resident is facing a felony drug-dealing charge after allegedly giving a high school student marijuana.

The student was later hospitalized when found "highly impaired" on the grounds of the high school April 15.

Charged with a Class D felony of Criminal Sale of Marijuana is Austin J. Nicometo of 45 North Street, Le Roy.

Under NYS law, giving another person drugs, even if no money changes hands, is considered a sale.

Nicometo is suspected of supplying the other youth with marijuana at a location in the village after school let out that day, and then the teen returned to the school for after-school activities.

Following arraignment, Nicometo was released under supervision of Genesee Justice.

One thing is certain, Benjamin W. Muntz is going to prison. For how long is an unanswered question after Judge Robert C. Noonan decided he needs to know whether the District Attorney's Office will indict Muntz on any new charges.

The DA is considering whether to charge Muntz with bail jumping.

More than a year ago, Muntz failed to appear for his sentencing on Class D felony convictions of burglary, 3rd, and grand larceny, 3rd.

The 24-year-old Oakfield resident is suspected of fleeing the state to avoid getting sentenced and while he was away he amassed a longer criminal record.

In October, he was arrested in Fayetteville, Ark., and charged with burglary, theft of property, breaking or entering and fraudulent use of a credit/debit card.

Muntz received a prison sentence in Arkansas and was released last week and turned over to the Sheriff's Office.

During his time away, Muntz was suspected of plotting with another man in Fayetteville to rob a farm in Genesee County. He is also reportedly wanted in Georgia for alleged crimes there.

With his failure to appear for sentencing March 27, 2012, Muntz appears to have blown a deal to receive concurrent sentences on the two felony convictions.

Assistant District Attorney Melissa Cianfrini said that even before he left the state, Muntz was suspected of violating the terms of his release under supervision by drinking and using drugs.

Muntz is married with two children.

"When you look at his pre-sentence investigation and read his mother's letter, you see that his offenses are fueled by abuse of drugs and his own greed," Cianfrini said. "He has repeatedly shown that he would rather go down the path of criminal activity rather than being responsible for his own family. He was only given a release under supervision because his wife was pregnant."

Defense Attorney Thomas Burns raised the issue of Muntz facing a possible charge of bail jumping, which could lead to a mandatory concurrent sentence with his other charges.

That possibility prohibited Burns, he said, from him discussing in court the circumstances of Muntz fleeing the state.

Noonan asked Cianfrini if the people intend to file such a charge, and Cianfrini said the matter is still under investigation and hasn't been decided.

The law would allow Noonan to consider "mitigating circumstances" and not impose consecutive sentences.

"It's hard to imagine under what set of facts exist that might be mitigating circumstances, but I don't want to prejudge the case," Noonan said. "He's going to state prison. It's just costing us money to house him here. I have an inkling I'll impose a sentence on one felony count today while we make a decision about what to do."

Noonan sentenced Muntz to three and a half to seven years in state prison on the burglary, 3rd, conviction and warned Muntz that he may yet face concurrent sentences on both the grand larceny conviction and the possible bail jumping charge, if convicted.

Muntz will appear in County Court again at 1:30 p.m., June 4, to learn the rest of his fate.

"You certainly don't know what it means to be a father," Noonan said. "The conduct you have engaged in over and over again, and the irresponsible behavior that is so evident not only in your PSI, but in your departure from the state, when you were told what would happen to you if you did, is astonishing. If you loved your children, you wouldn't have engaged in criminal conduct in the first place, but you certainly wouldn't have engaged in the conduct that sent you out of state."

If Maurice G. Leach wants to get out of the Genesee County Jail anytime soon, he'll need to come up with $15,000 cash bail or $150,000 bond, Judge Robert C. Noonan ruled today.

Leach is facing a felony DWI charge, but his criminal background along with prior probation and parole violations had Noonan siding with District Attorney's Office rather than Leach's defense attorney, who asked for $5,000 bail.

Noonan said he would have set the bail higher if the DA's office had requested it.

"The prosecutor is nicer to you than I would be," Noonan said.

Leach was arrested last week for allegedly driving drunk on Route 33 in Stafford.

In January, the 36-year-old Leach, a resident of State Street, was allegedly involved in an altercation with police after officers arrived to investigate a report of a woman being hit.

He's also facing petit larceny charges in Rochester.

Leach's attorney requested the bail hearing before Noonan today because with Leach's prior felony, Town of Batavia Court was unable to set any amount of bail.

A male was in the roadway at Jackson and Main streets after being struck by a vehicle. He's now up and walking. Mercy medics and city fire are on scene. The driver fled eastbound in a dark blue or tan Ford Explorer, and he is said to be white with dark hair and wearing sweatshirt. Police are looking for the vehicle now.

UPDATE 2:07 p.m.: Police are out with a vehicle matching that description at T.F. Brown's.

UPDATE 2:08 p.m.: Police are clear of that vehicle, and still looking for the Explorer. Now the driver is said to have "darker skin" and curly hair.

UPDATE 2:11 p.m.: Fire and medics are back in service.

Jamie R. Bachorski, 18, of Webber Avenue, Oakfield, and Matthew J. Vandorn, 23, of Trumbull Parkway, Batavia, are charged with grand larceny, 4th. Bachorski and Vandorn are accused of stealing two small dirt bikes from a residence on Clipknock Road, Stafford, in early July. So far, only one of the missing bikes has been recovered.

Kenneth S. Lathrop Jr., 26, of 511 Ellicott St., Apt. A, is charged with aggravated unlicensed operation, 2nd, and unlicensed operation. A person notified police that Lathrop was allegedly driving without a license. Officer Chad Richardson observed Lathrop allegedly driving a vehicle on Clinton Street and performed a traffic stop. Lathrop was jailed on $500 bail.

Conan T. A. Kennedy, 30, of 1 Spencer Court, Batavia, is charged with parking on city streets between 2 a.m. and 6 a.m. Kennedy turned himself in at Batavia HD on a warrant issued for improper parking after he allegedly failed to appear. Kennedy posted $50 bail and was released.

Nicholas K. Gray, 19, of 2 Olyn Ave., Batavia, is charged with criminal nuisance. Gray was arrested during an investigation into an alleged underage drinking party after it was discovered there was a warrant for his arrest. He posted $100 bail and was released.

Robert J. Wheeler, 18, of 40 E. Buffalo St, Batavia, is charged with unlawful possession of alcohol under age 21. Wheeler was charged following a report of an alleged underage drinking party at 2 Olyn Ave., Batavia.

Michael Robert Sigi, 20, of Pratt Road, Batavia, is charged with endangering the welfare of a child. Sigi is accused of driving with a 14-month-old infant in his lap.

Daniel Thomas Henning, 32, of Maple Street, Batavia, is charged with criminal contempt, 2nd. Henning is accused of violating an order of protection by having a third party contact the protected person.

Al Davids, 44, of Bird Road, Byron, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Davids was stopped at 10 p.m., Saturday, on Byron Holley Road, Byron, by Deputy Joseph Corona.

Michael John Korczak, 24, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding and failure to keep right. Korczak was stopped at 3:02 a.m., Sunday, on Sumner Road, Darien, by Deputy Joseph Corona. Korczak was allegedly driving 70 in a 55 mph zone.

Sondra Lynn Olcott, 38, of Webber Avenue, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, following too close and unlawful possession of marijuana. Olcott was charged following a two-car motor vehicle accident at 1:37 a.m., Sunday, at Park Road and Lewiston Road, Town of Batavia.

Julie Anne Wallace, 39, of Ellicott Place, Batavia, is charged with petit larceny. Wallace, a former employee of Kmart, is accused of stealing $39.96 in merchandise while working at the store. She is accused of stealing makeup and costume jewelry between March 27 and April 22.

Ramel Joshua Askew, 19, of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. Askew was allegedly found in possession of marijuana while in his room by College Village security.

Michele L. Difalco, 22, of West Main Street, Batavia, and Melissa M. Morton, 27, of West Middlebury Road, Bethany, are charged with petit larceny. Morton is also charged with criminal possession of a controlled substance, 7th. Both women are accused of shoplifting from Target. Morton was also allegedly in possession of pills containing a controlled substance.

Peter C. Ayala III, 29, and Jamie L. Ayala, 33, both of Wood Street, Batavia, are charged with petit larceny. They are accused of stealing $72 in merchandise from Kmart.

Clinton John Sundown, 18, of Skye Road, Basom, is charged with unlawful possession of marijuana. Sundown was charged following an investigation into a property damage accident at 4:07 a.m., Saturday, on Bloomingdale Road, Tonawanda Indian Reservation. Sundown allegedly possessed individually packaged bags of marijuana. Additional charges are possible.

Ted Eugene Kingsley, 40, of Warsaw Road, Le Roy, is charged with petit larceny. Kingsley is accused of entering an unlocked vehicle on Pratt Road, Batavia, on March 28 and stealing $600 cash from a purse.

A landlord-tenant dispute is reported on East Main Street and city police are now on scene. The argument between the two parties got quite loud. The tenant called dispatchers and accused the landlord of entering the residence without permission and removing drug paraphernalia.

A registered Level 3 sex offender and former Batavia resident has been charged with a course of sexual conduct with children.

The charges follow an investigation involving Batavia PD, the Sheriff's Office, Niagara County Sheriff's Office, Middleport PD and the FBI, and additional charges may be coming in other jurisdictions.

Sean M. Vickers, 44, of 117 Andes St., Geneva, was arraigned in City Court on counts of a course of sexual conduct against a child, 1st, and sodomy, 1st, both Class B felonies. A warrant was issued in Niagara County on two counts of a course sexual conduct against a child, 1st.

He was jailed in Genesee County jail on $500,000 bail.

The acts in Batavia are alleged to have occurred between 1999 and 2002 at a location on Maple Street. 

Chief Shawn Heubusch said Batavia PD received a complaint about Vickers in 2004 and detectives conducted an investigation, but there was insufficient evidence to sustain a charge.

Vickers is registered as a Level 3 sex offender based on a non-NYS conviction.

The investigation leading up to yesterday's arrest of Vickers started after the Niagara County Sheriff's Office contacted Batavia PD with information related to alleged offenses that may have occurred in Batavia, Heubusch said.

The investigation into Vickers is ongoing and anybody with information that might assist investigators are asked to call (585) 343-5000.

A smash-and-grab thief struck three convenience stores overnight -- two in Genesee County and one in Erie -- taking cash and cigarettes.

The first break-in was reported at West Main Mini-Mart, 3845 W. Main Street Road, Batavia, at 10:54 p.m., according to Chief Deputy Jerome Brewster. The perpetrator smashed in the front doors and stole the cash register and an unknown quantity of cigarettes.

At 11:35 p.m., dispatchers received a burglary alarm for the Raceway Mini-Mart, 629 E. Main St., Batavia.

When officers arrived they found the front door smashed in and reported seeing evidence that the cash register and some quantity of cigarettes were stolen.

Chief of Police Shawn Heubusch said Batavia PD will release information on this break-in later today.

The Erie County Sheriff's reported a similar break-in at a store in Clarence at 12:33 a.m with the thief getting away with loose change, according to Brewster.

UPDATE: Batavia PD reports that about 20 cartons of cigarettes were taken from the Raceway location.