crime

Kelly L. Alcorn is indicted on a count of assault, 2nd. Alcorn is accused of slamming a victim against a cinder-block wall at the Darien Lake Performing Arts Center on Aug. 25. (Prior Coverage: Alcorn is a Niagara Falls police officer who was initially charged with a misdemeanor; her alleged victim pressed for upgraded charges).

Nicholas A. Antonucci is indicted on two counts of attempted grand larceny, 3rd, petit larceny and two counts of criminal mischief, 4th. Antonucci is accused of attempting to steal a 2007 Yamaha snowmobile with a value of $5,000 from a location in Alexander, and of attempting to steal a 2006 Yamaha snowmobile with a value of $4,000 from a location in Alexander, on or about Jan. 6, 2010. He is accused of stealing on the same date a backpack containing a Leatherman tool, flashlight and beer. He is accused of damaging the ignitions on the snowmobiles. (Prior Coverage)

John R. Chrisley is indicted on two counts of first-degree sexual abuse and one count of endangering the welfare of a child. Chrisley is accused of sexual contact with a child less than age 11 during the summer of 2011.

Armand P. Cummer is indicted on counts of felony DWi and felony driving with a BAC of .08. Cummer is accused of driving drunk Aug. 26 on Route 5, Town of Pembroke. Cummer is alleged to have a prior DWI conviction in 2008.

Francis S. Smith is indicted on a count of burglary, 2nd, and criminal mischief, 4th. Smith is accused of breaking into a residence on Washington Avenue, Batavia, on Jan. 1.

Franchesca Anais Barrome, 20, of Harvester Avenue, Batavia, is charged with criminal possession of stolen property. Barrome allegedly had possession of a credit card and student ID of another person that she used to make purchases at GCC. Barrome was jailed on $2,000 bail. The investigation is pending and additional charges are possible.

Cory M. Dahl, 20, of Pavilion, is charged with criminal mischief, 4th. Dahl was arrested following a report of a domestic disturbance on Dutton Road, Warsaw, on Feb. 13. Dahl is accused of damaging a rear door and a window. Dahl's 19-year-old girlfriend and infant child were reportedly at the residence at the time.

Tate N. Westermeier, 20, of Darien Center, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and driving without headlights. Westermeier was stopped by State Police Feb. 14 by State Police in the Village of Attica. Genesee County Deputy Howard Carlson, a trained drug recognition expert, assisted in the investigation.

Micahel J. Lathan, 27, of Batavia, was arrested by State Police on a Wyoming County Family Court warrant. Lathan allegedly failed to meet obligations set forth in a prior family court appearance. He was jailed on $1,000 bail.

Cameron John Corner, 18, of Vine Street, Batavia, is charged with petit larceny. Corner was arrested along with a 16-year-old West Main Street resident for allegedly shoplifting from Kmart.

Carlos Enrique Reyes, 38, of Lyell Avenue, Rochester, is charged with criminal contempt, 1st. Reyes is accused of violating a stay away order of protection by placing a phone call to the protected person.

A 17-year-old resident of East Main Street, Batavia, and a 16-year-old resident of Otis Street are charged with petit larceny. The two female youths were allegedly observed stealing wooden pallets from Empire Tractor.

Jason Lee Johnson, 30, of Glide Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater, speeding, aggravated unlicensed operation and failure to dim headlights. Johnson was stopped at 1:06 a.m., Sunday, on Route 5, Pembroke, by Deputy Patrick Reeves.

Michael Robert Moyles, 34, of Hartshorn Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident, following too closely and speed not reasonable or prudent. Moyles was arrested following an investigation by Deputy Jason Saile and Deputy James Diehl into a hit-and-run accident on Ellicott Street, Batavia, at 7:10 p.m., Saturday.

Joseph Paul Elmore, 43, of Walnut Street, Batavia, is charged with unlawful possession of marijuana. Elmore was allegedly found in possession of marijuana during a check by Deputy James Diehl of a vehicle along the roadway at 1:03 a.m. on Route 63.

David James Shultz, 30, of West Main Street, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and inadequate headlights. Shultz was stopped at 9:20 p.m., Sunday, on West Main Street Road, Batavia, by Deputy Kevin McCarthy.

Erika Lynn Conway, 24, of East Oakfield Road, Grand Island, is charged with DWI and driving with a BAC of .08 or greater. Conway was arrested by Deputy James Diehl at 7:23 p.m., Saturday on Hartshorn Road in Batavia following a driving complaint.

Scott D. Stanley is indicted on counts of first-degree rape, second-degree rape, and two counts of rape, 3rd. Stanley is accused of engaging in sexual intercourse with a person less than 13 years of age some time between April 2011 and May 8, 2011, in the Town of Pembroke. He is also accused of engaging in sexual intercourse with a person less than 15 years old some time between December 2010 and January 2011. He is also accused of engaging in sexual intercourse with a person less than 17 years old.

Timothy J. Petrie is indicted on 10 counts of first-degree sexual abuse and one count of endangering the welfare of a child. Petrie is accused of subjecting a child less than 11 years old to sexual contact in the Town of Pavilion in the summer of 2002, and of forcing sexual contact with a child under age 14 in March 2007. UPDATE: In July 2013, a jury acquitted Petrie on all counts.

Dion L. Clyburn Jr., is indicted on two counts of criminal sale of a controlled substance, 3rd, and three counts of criminal possession of a controlled substance, 3rd. Clyburn is accused of selling cocaint on Aug. 21 at 679 E. Main St., Batavia, and possessing cocaine on that date with intent to sell it.

Robert P. Decarolis is indicted on a count of felony driving while impaired by drugs. Decarolis is accused of driving while impaired by drugs July 6 in the Village of Corfu.

Frederick J. Hensel Jr., is indicted on three counts of criminal possession of a weapon, 3rd. Hensel is accused of possessing on Aug. 15, in violation of Penal Law Section 265.02, a Harrington and Richardson Arms Company .22 caliber revolver, a Colt .25 caliber semi-automatic, and a Harrington and Richardson .28 caliber revolver.

LoriAnne Vogel, 48, of 2401 Spencerport Road, Spencerport, is accused of stealing more than $3,000 from a local business where she worked.

The woman was an office worker, according to Batavia PD and in an attempt to cover up cash deficits, she allegedly falsified business records.

Vogel is charged with grand larceny, 3rd, and falsification of business records, 1st.

Following arraignment in Batavia City Court, Vogel was released under supervision of Genesee Justice.

Andrew Zimba Perdock, 25, of Liberty Street, Batavia, is charged with grand larceny, 4th. Perdock allegedly made an unauthorized charge of $32.40 to a woman's debit card.

Brandt Lonnie Arnold, 32, of Clinton Street, Cowlesville, was arrested on a felony DWI warrant. Following arraignment in Genesee County Court, Arnold was held without bail.

Patricia Lynn Capen, 45, of East Shelby Road, Medina, is charged with DWI, driving with a BAC of .18 or greater, DWAI (drugs and alcohol), driving left of pavement marking and aggravated unlicensed operation, 3rd. Capen was arrested following a report at 9:34 p.m., Wednesday, of an erratic driver on Route 63, Oakfield. Capen was stopped by Deputy Frank Bordonaro.

At least four vehicles were broken into overnight in the area of 358 Bloomingdale Road in Alabama, according to scanner traffic. Sheriff's investigators are on scene. The location is between Shanks and Tesnow roads.

An observant resident may have helped the Sheriff's Office yesterday nab a suspect in a series of burglaries in the county.

So far, Jeffery James Leaton, 22, of Caswell Road, Byron, has only been charged with an alleged burglary on Griswold Road, Le Roy.

According to Deputy Chief Jerome Brewster, Leaton was caught in the act at the Griswold Road home after a person reported suspicious activity at the residence.

Brewster said investigators are looking at Leaton as a possible suspect in other burglaries. There have been strings of burglaries reported since early January in Elba, Oakfield, Byron, Bergen and Stafford.

Leaton has been charged with one count of burglary, 2nd, and is accused of making forced entry into the Griswold Road residence. He was allegedly in the process of stealing jewelry.

Following arraignment in Town of Le Roy Court, he was jailed on $20,000 bail.

A thief struck in the area of Vallance Road and North Road in Le Roy overnight, according to reports on Sheriff's dispatch this morning.

Four locations on Vallance Road had items stolen and a computer was stolen from a location on North Road.

A vehicle was stolen from one residence on Vallance Road, but later located down the road.

A suspect footprint was found in the snow and a witness may have seen a suspect vehicle, described as tan in color with a partial plate of FLG.

UPDATE 8:06 a.m.: More information from Chief Deputy Jerome Brewster. It was a van that was stolen on Vallance Road and later abandoned down the road. There were a series of thefts from vehicles along North Road and Brewster said he believes the incidents are related. The thefts this morning are similar to two other vehicle thefts in the past several weeks that have been reported to the Sheriff's Office, Brewster said.

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Two youths, a 16-year-old and a juvenile, are charged with petit larceny and unlawful possession of alcohol under age 21. The duo is accused of stealing merchandise from Walmart and being in possession of alcohol.

Shaqueita Irvin, 21, of Miller Avenue, Batavia, is charged with criminal trespass, 3rd. Irvin was arrested on a warrant out of Town of Batavia Court and released on her own recognizance. Irvin was also arraigned in Village of Corfu Court before Justice O'Connor on an alleged violation of probation charge. She posted bail of $150.

Stephanie A. Hotchkiss, 36, of 335 Bank St., Batavia, is charged with three counts of forgery, 2nd. Hotchkiss is accused of stealing three checks from a person she knew. She allegedly drafted the checks for $3,000 each. She allegedly cashed one and attempted to cash the other two. Hotchkiss was released under supervision of Genesee Justice.

Jeane M. Hoar, 29, of 419 S. Shore Blvd., Lackawanna, is charged with DWI and driving with a BAC of .08 or greater. Hoar was stopped by Le Roy PD for allegedly making a left turn onto Main Street without a turn signal.

Ronald K. Smythe, 46, of 38 Church St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and driving with a suspended license. Smythe was stopped by Le Roy PD after allegedly being observed turning onto Church Street at a high rate of speed and without a turn signal. Smythe was allegedly found to have a BAC of .16.

Nicholas K. Gray, 19, Robert J. Wheeler, 19, and Blair W. Berg, 20, of 2 Olyn Ave., Batavia, are all charged with criminal nuisance for allegedly maintaining a premise where unlawful conduct occurs. Gray is also charged with unlawful possession of marijuana. The three men are accused of hosting an underage drinking party Saturday night. Batavia PD reports that officers have been dispatched to the same address previously for similar complaints. Besides Gray, Wheeler and Berg, 15 other people where charged with possession of alcohol under age 21. The names of the other people charged were not released.

Anita J. Stiles, 38, of 2731 Galloway Road, Batavia, is charged with harassment, 2nd. Stiles is accused of pushing another person.

Nicholas Guy Williams, 36, of Main Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and consumption of alcohol in a motor vehicle. Williams was stopped at 7:21 p.m., Saturday, on Kelsey Road, Batavia, by Deputy Joseph Corona.

Brett Adam Scheuerlein, 18, of Richmond Avenue, Batavia, is charged with unlawful possession of marijuana. Scheuerlein was stopped at 7:20 p.m., Saturday, on West Main Street Road by Deputy Patrick Reeves and allegedly found in possession of marijuana.

Jenna L. Josephite, 24, of West Main Street Road, is charged with two counts of criminal possession of stolen property, 5th. Josephite is accused of returning stolen items to Target and taking in exchange two gift cards. Josephite then allegedly pawned the gift cards at Pawn King. Deputy Christopher Parker is conducting an investigation and additional charges may be pending in connection with similar activity at other stores.

Ameer K. Walker, 19, of Buffalo, and Hugo D. Smith, 22, of Buffalo, are charged with petit larceny and false personation. Walker and Smith allegedly stole from Kmart on Friday. The case is being handled by the State Police. No further details released.

A lone armed robber gave every appearance of knowing what he was doing and of having planned his crime when he robbed Sally Beauty Supply this morning.

Wearing a black ski mask and carrying a knife and duct tape, he entered the Batavia business right after the doors opened when only one female employee was inside.

He ordered her to turn over all the cash in the drawer and then made her go into a back room, where he took all the money from her purse and then bound her hands and feet with duct tape.

The robber told her to wait five minutes before calling police and not to watch him leave. 

"He told her he wasn't going to hurt her," said Sgt. Greg Walker, Genesee County Sheriff's Office.

Footprints in the snow showed he entered and left the store from the west, going around the back of the building and along the western edge of the Target parking lot.

A K-9 tracked his scent to somewhere between the Sally building and the Clarion Hotel, where he may have gotten into a waiting car. 

The path may have taken him out of range of the Target security cameras.

There are no cameras, apparently, in Sally's or any of the neighboring businesses that could help identify the suspect or his vehicle.

The woman was pretty emotional following the robbery, Walker said.

"She was obviously very upset," Walker said. "You can tell she was crying quite a bit. Her make up was running. She’s still upset about the whole incident."

The robber got away with an undetermined about of cash, probably just what was necessary to open the store in the morning, plus whatever was in the woman's purse.

He is described as white, about 5'5" tall, about 130 to 140 pounds, and wearing black. He didn't take any store product or any personal items from the woman.

The woman managed to get out of the duct tape using scissors she had available.

Anybody with information that may assist investigators can contact the Sheriff's Office at (585) 343-5000.

UPDATE: Below are photos of a possible suspect vehicle.

A victim was tied up by a robber at Sally Beauty Supply, 4662 Veterans Memorial Drive, Batavia, this morning.

The suspect is described as a white male 5'5" and weighing 140 to 150 pounds, dressed in black.

The victim did not see which direction the suspect went upon leaving the store or if he left on foot or by car.

A deputy who responded reported seeing footprints in the snow exiting the store and followed the footprints to a possible waiting vehicle.

Deputies and State Police are responding. The call came in at 9:25 a.m.

Penny Sue Sprague, 42, of Oakfield, is charged with burglary, 2nd. Sprague is accused of entering a residence without permission on Father's Day weekend and stealing several items, including electronics, jewelry, money and other property.  Following arraignment, Sprague was released under supervision of Genesee Justice.

Scott D. Fairfield, 19, of 131 S. Swan St., Batavia, is charged with resisting arrest. Fairfield is accused of interfering with the arrest of another person at his residence. No further information was released.

Timothy James Walsh, 44, of Redfield Parkway, is charged with criminal mischief, 4th, and leaving the scene of a property damage accident. Walsh is accused of using a motor vehicle to recklessly damaging the property of another person on Hunn Road, Alexander, on Feb. 3.

Sheriff's investigators are actively pursuing leads on a string of burglaries that started in January in Elba, Oakfield, Byron and Bergen.

Chief Deputy Jerome Brewster said investigators believe two different crews are involved in the burglaries.

"The crew in Elba and Oakfield enters with door kick-ins," Brewster said. "The other crew is more sophisticated about getting into a house."

The Elba/Oakfield crew may be associated with a white van. The Byron/Bergen crew (which may be responsible for a burglary in Stafford) may use stolen vehicles.

One vehicle from Bergen is still missing, another has been recovered and a car that was stolen in Henrietta was located in Bergen.

The Elba and Oakfield burglaries have occurred during daylight hours.

There are suspects in the Elba/Oakfield burglaries, Brewster said, and they don't live in the area.

Brewster said residents who see anything suspicious could contact the Sheriff's Office at (585) 343-5000.

"Give us a call," Brewster said. "We love to look into those things."

Residents should be on the lookout for a suspicious vehicle in a neighbor's driveway, a car slowing and apparently trying to check out homes in a neighborhood, and somebody knocking on your door with no apparent need to knock on your door  -- all the sort of things that should be phoned in as suspicious, Brewster said.

A Batavia resident accused of committing crimes while reportedly under the influence of bath salts over the summer avoided a felony conviction Wednesday after a Genesee County jury found him not guilty of the higher charges.

Bradley C. Broadbent was found guilty on five misdemeanor counts, but by avoiding the felony convictions he is no longer looking at up to 15 years in prison as a second felony offender.

The jury found Broadbent guilty of two counts of criminal mischief, 4th, two counts of criminal trespass, 2nd, and petit larceny.

He was acquitted on the charges of criminal trespass, 3rd, and second-degree burglary.

Last month Broadbent turned down a plea deal and elected to take his chances with a jury.

Because the 32-year-old Broadbent has a prior violent felony conviction, the best deal District Attorney Lawrence Friedman could offer Broadbent was a minimum of five years in prison with a guilty plea to attempted burglary, 2nd, a Class D felony.

Broadbent was accused of breaking into bathrooms of a building on Liberty Street one day in July and later that day he reportedly climbed atop a roof on Hutchins Street and needed emergency responder assistance to be talked off it. That night, he reportedly escaped from UMMC's emergency room and was accused of breaking into a home on Tracy Avenue.

Broadbent's family spoke with the media at the time about his arrest because they were concerned that bath salts had derailed his attempt to get his life back in order after getting out of jail on a previous charge.

Brian P. Griffen is indicted on counts of burglary, 3rd, and grand larceny, 4th, and four times since October he's appeared before Judge Robert C. Noonan to answer to those charges.

Four times Griffen's attorney has been missing in action, according to Noonan.

Today, the judge told Griffen it's time for him to find a new attorney.

According to documents, Griffen is represented by David S. Widenor, a Buffalo-based defense attorney.

Griffen told Noonan he's paid Widenor $800 to represent him.

According to court staff, Widenor has never denied representing Griffen and Assistant District Attorney Will Zickl said he's received written correspondence from Widenor about the Griffen case.

Noonan said he's written to Widenor and told him he better make his next court appearance (which was today) or there could be financial consequences.

On at least one occasion, Widenor reportedly told Noonan that he forgot to record Griffen's court appearance on his calendar.

"I can't just leave this case on the calendar until someday he decides to grace me with his presence," Noonan said.

Zickl told Noonan, "(Griffen) has been here every time he's been directed to be here. We certainly support his realization that perhaps he needs another attorney."

Griffen was indicted in October and accused of breaking into a building on Fisher Road, Oakfield, sometime between June 12 and June 26 and stealing a dune buggy, Yamaha Kodiak 4-wheeler and a Honda dirt bike.

Under questioning from Noonan, Griffen said he has a job. He didn't ask for a court-appointed attorney. He said he has missed work to make his court appearances, which brought a sad shake from Noonan.

Noonan said that if Griffen files a grievance with the bar association that might be the best way for Griffen to get his $800 back. Noonan said he couldn't wait, however, for Griffen to get reimbursed before he retains another attorney.

Noonan ordered Griffen back in court March 6.

Whether Griffen files a grievance (about his attorney's absenteeism), Noonan said, is entirely up to him.

Five Star Bank has reimbursed $6,600 to Austin's Army -- a fundraising effort to assist a Pembroke teen struck with a rare form of cancer -- after a local woman allegedly made unauthorized withdrawals from the charitable account.

The alleged theft was discovered by Jason Heineman on Nov. 27.

Jodi M. Coe, 37, of Batavia Oakfield Townline Road, Oakfield, was arrested in connection with the alleged theft and charged with 41 counts of possessing a forged instrument.

According to court documents, Coe allegedly acquired blank checks, drafted the checks in her name and forged Jason Heineman's signature on the checks.

Heineman wrote in an affidavit that he never wrote checks to Coe out of the Austin Army's account and that she was never authorized to write checks to herself.

The checks were all allegedly cashed between Oct. 7 and Nov. 5, while Heineman was in New York City with his son, Austin, who was in NYC for surgery and treatment.

The bank balance discrepancy was discovered by Heineman when he visited a Five Star branch in Dansville and needed to transfer funds to another account.

Upon requesting an account summary, Heineman noticed checks being cashed out of sequence. 

When confronted with an accusation by Heineman, Coe allegedly said she had a problem and was in over her head.

Later she allegedly told Heineman that she had a gambling problem.

According to documents, Heineman gave Coe an opportunity to reimburse the account and when that allegedly did not happen by Dec. 5 he contacted the Sheriff's Office.

Coe faces 36 counts in Batavia City Court of possession of a forged instrument and another five counts in the Town of Le Roy.

She is jailed without bail.

If convicted, Coe would likely be required to pay restitution and that restitution would be paid to Five Star Bank.

Austin Heineman still has ongoing medical expenses and anybody wishing to make a donation can contact Five Star Bank.

While the case will remain open, State Police investigators have been unable to obtain sufficient evidence so far to make an arrest in the case of a shot fired in the Walmart parking lot Jan. 21.

Investigator Kenneth Dubrinski said that even though there is a video of the incident, the one person possibly involved whom investigators could identify is uncooperative.

The video is not of good enough quality to release pictures in the hopes of identifying other individuals, Dubrinski said.

"You can barely make out the make and model of the car," he said.

Last week, police learned that a car that was parked in the area at the time was struck by a bullet.

The bullet could not be recovered.

Dubrinski said even though there isn't much new to report on the case, the case will remain open for some time in case somebody comes forward with new information.

"This is a little more serious than a run-of-the-mill case and we don't want to close it until we know we have everything covered," Dubrinski said.

As for the possibility of one or more people involved having ties to a criminal gang, Dubrinski said, "that would be speculation."

Jodi M. Coe, 37, of Batavia Oakfield Townline Road, is charged with 36 counts of criminal possession of a forged instrument, 2nd, in the City of Batavia and five counts of criminal possession of a forged instrument, 2nd, in the Town of Le Roy. Coe was allegedly in possession of numerous checks containing forged signatures. Coe allegedly possessed the checks while at various locations within the City of Batavia and Town of Le Roy. Following arraignment in city court, Coe was ordered jailed without bail. Town of Batavia Court set her bail at $5,000 cash or $10,000 bond.

Cassi Ann Schutt, 25, of West Crest Drive, Rochester, is charged with petit larceny. Schutt is accused of stealing $328.23 in merchandise from Kmart. When confronted by Kmart security, Schutt allegedly fled on foot. She was apprehended in the Tops parking lot after a brief foot chase. State Police assisted in the arrest. Investigation by Deputy Tim Wescott.

Rodney Lowee McKenzie, 48, of Buffalo, is charged with inhalation of hazardous inhalants. McKenzie was allegedly observed snorting inhalants while seated in a car in the Flying J parking lot. McKenzie was arrested by Deputy Patrick Reeves.