crime

A 17-year-old Batavia resident has been accused of forcing another person into a sexual act and was charged today with a felony count of criminal sexual act in the first degree.

Kyle H. Morse, of Bank Street, was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

The charge stems from an incident alleged Sept. 21 in the Town of Elba.

Youth Officer John K. Dehm investigated the report.

Stephen P. Pahuta III, is indicted on charges of on two counts of criminal obstruction of breathing or blood circulation, one count of strangulation in the second degree, coercion in the first degree, criminal mischief in the fourth degree and assault in the third degree. Pahuta is accused of choking another person June 23 at a location in the Town of Alabama. It's alleged that the victim lost consciousness or was in a stupor for a period of time. Pahuta is accused of instilling fear in the victim so she wouldn't contact law enforcement. There also an alleged choking incident July 16. Pahuta is accused of damaging a phone to prevent the victim from requesting emergency assistance.

Richard R. Vetter is indicted on on count of grand larceny in the third degree and 16 counts of falsifying business records. Vetter is accused of stealing $8,689.78 from a business in Darien. He is accused of making at least 16 false entries into log books to conceal his theft of cash from the business.

Mark K. Biggins is indicted on counts of felony DWI and driving with a BAC of .08 or greater. It is alleged that Biggins drove drunk on Route 33 in Stafford on Sept. 12. According to the indictment, Biggins was convicted of DWI in July, 2003.

A 41-year-old Oakfield man has been accused of having sexual contact with a child under age 11.

Charged with sexual abuse in the first degree is John W. Eastridge, a resident of Bennett Avenue, Oakfield.

Eastridge was arrested by Youth Officer John Dehm following an investigation into an incident that allegedly occurred in November 2002.

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

Steven Leo Decker, 62, of Francis Road, Bethany, is charged with criminal mischief, 4th. Decker is accused of breaking out the windows of a victim's vehicle with a sledgehammer. The incident was reported at 7:53 p.m., Tuesday.

Chad M. Johnston, 26, of 111 Liberty St., Batavia, is charged with harassment, 2nd. Johnston is accused of punching another person in the head at 5:15 p.m., Tuesday.

Douglas G. Bryant Jr., 41, of 1 Florence Ave., Batavia, is charged with harassment, 2nd. Bryant is accused of threatening another person and spitting on that person and throwing food at that person. Bryant was jailed on $500 bail.

Sean P. Case, 25, 47 of Washington Ave., Batavia, is charged with assault, 2nd, and assault, 3rd. Case is accused of punching a person in the face and breaking his nose during an incident at 6:50 a.m., Jan. 1, at a residence on South Main Street, Batavia. He is accused of injuring another person who attempted to intervene. Case, arrested Tuesday, was jailed without bail pending his next court appearance.

Jason Lee Perry, 18, of Telephone Road, Pavilion, is charged with sexual misconduct. Perry is accused of having sex with a 16-year-old girl.

Michael Steven Bennett, 31, of Columbus Avenue, Mt. Morris, was arrested on a bench warrant for alleged failure to pay fine. Bennett is being held on an unrelated matter in the Livingston County Jail. He was released to the custody of the Sheriff's Office for arraignment in Genesee County Court and then returned to Livingston County.

Thomas Harold Hofer, 51, of South Pearl Street, Oakfield, is charged with coercion, 1st, two counts of criminal mischief, 4th, criminal obstruction of breathing or blood circulation and trespass. The charges against Hofer stem from an alleged domestic dispute with his girlfriend at 9:43 p.m., Sunday, in the Town of Batavia. Hofer was jailed on $5,000 bail.

John Everett Pfalzer, 48, of Sumner Road, Darien, is charged with harassment, 2nd. Pfalzer is accused of striking the hand of another person. The alleged incident was reported at 10:40 a.m., Monday.

Deborah A. Schramm, 32, of Lewis Place, Batavia, was arrested on a bench warrant for alleged failure to appear on an attempted petit larceny charge.

A female who claims she was jumped by three other females on State Street is seeking treatment in the emergency room at UMMC. Police are responding to the ER.

Maurice G. Leach, 36, of 212 State St., Batavia, is charged with menacing, 3rd, resisting arrest, obstructing governmental administration and criminal tampering, 3rd. Police officers Eric Hill, Thad Mart and Chris Camp responded to a report of a male subject hitting a woman outside 212 State St. at 8:39 a.m., Sunday. During the investigation, Leach allegedly became combative and when officers attempted to place him into custody, he allegedly resisted arrest. While at police headquarters, Leach allegedly urinated and defecated on the floor of the holding cell. Leach was jailed on $50,000 bail.

Edward R. Freida, 41, of 47 Tracy Ave., Batavia, is charged with criminal possession of a weapon, 3rd. Freida was allegedly found in possession of a switchblade knife during a routine search of his residence by a probation officer. Because Frieda has a prior conviction for criminal possession of a weapon, 4th, the charge is elevated to third degree. Freida was jailed without bail.

Jessica L. Polk, 36, of 202 Bank St., Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Polk is accused of pushing and grabbing a child during a domestic incident.

Ann M. Schlegel, 35, Lawrence A. Atkins, 35, and Leon D. Atkins, 16, all from Medina, are charged with petit larceny. The trio is accused of attempting to steal $337.31 in merchandise from Kmart at 5:54 p.m., Sunday.

Scott Dwayne Kingdon, 46, of Sparks Road, Pavilion, is charged with criminal contempt, 2nd. Kingdon is accused of sending e-mails to a person in violation of an order of protection.

Nathaniel L. Beglinger, 21, of Peaviner Road, Alexander, is charged with criminal mischief, 4th. Beglinger is accused of recklessly causing damage to a building in Darien, causing more than $250 damage, at 12:35 a.m., Dec. 1.

Dennis J. Saporito, 25, of Culver Road, Albion, turned himself in on a bench warrant out of Batavia City Court for alleged driving while ability impaired. Saporito was arraigned and sentenced to 10 days in jail.

Robert Lee Ealey, 26, of Phelps Road, Rochester, Ealey was taken into custody by Rochester PD on a bench warrant issued by Genesee County Court and turned over to the Sheriff's Office. Ealey was held pending arraignment today.

Adam M. Miller, 20, of Oakfield, is charged with criminal mischief, 4th. Miller is accused of damaging property with a value greater than $250 at 4 a.m., Jan. 1, in the Town of Shelby. Miller was arrested by State Police. No further details released.

One of the people who reportedly got involved with bath salts over the summer and wound up getting in trouble with the law has decided to entrust his fate to a local jury rather than accept a plea deal.

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

Broadbent was indicted by a grand jury on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree and petit larceny.

On July 6, Broadbent was talked down off the roof of a house on Hutchins Street. He was reportedly hallucinating and suffering from a high body temperature.

He was suspected of damaging bathrooms at a business complex on Liberty Street earlier that day, and after leaving the UMMC emergency room, he allegedly entered a house on Tracy Avenue without permission.

At the time, Broadbent was suspected of using bath salts and family members were upset, suspecting his use of bath salts started after the 420 Emporium opened at 400 Ellicott St.

According to Broadbent's sister, Melissa, Bradley was on a good, positive path prior to starting bath salt use.

In court today, Judge Robert Noonan granted a brief recess so attorneys could research Broadbent's criminal record and confirm that a guilty plea would indeed make him a second felony offender.

Broadbent was released from prison 10 years and six months before his arrest in July on his 1986 conviction for burglary, 2nd. Documents available in court prior to the recess didn't include the two years he spent in prison on an unrelated conviction in Batavia City Court a few years ago. If Broadbent had not been in jail or prison during the 10 years and six months after his original prison term, he would not be considered a second violent felony offender for the purpose of sentencing on the new charges.

The top charge against Broadbent is a Class C felony and carries a mandatory minimum sentence, if he's convicted, of seven years and a maximum of 15 years in state prison.

A former Le Roy resident who was involved in a scuffle with police June 17 when a deputy tried to arrest her son entered a guilty plea today to one charge against her but would not admit to using a knife against the deputy.

Elaina J. Mead, 43, formerly of 21 Maple Ave., Le Roy, now a resident of Varysburg, entered a guilty plea to attempted menacing a police officer under what's known as an "Alford Plea." It means Mead believes a jury would convict her at trial, but she's not admitting to the actual events alleged against her.

Mead did admit that she tried to interfere with Deputy Matthew Butler's attempt to arrest her son, 25-year-old Michael Mead Sr., on a warrant (see correction below), but when Judge Robert C. Noonan asked her if it was true that she placed a knife to Butler's chest and placed Butler in fear of his life or serious injury, she said she did not.

The plea satisfies all counts against Mead, which included assault, 2nd, criminal possession of a weapon, 3rd, and obstructing governmental administration, 2nd. The maximum sentence under the terms of the agreement are up to 15 days in jail and four months intermittent jail time and a $5,000 fine.

Assistant District Attorney Kevin Finnell said that if the case went to trial, Officer Emily Clark, Le Roy PD, would testify that Michael Mead was resisting arrest and she and Butler were wrestling with him when people from inside 21 Maple Ave. started throwing small household objects at the officers.

Clark would say, Finnell said, that she saw Elaina Mead exit the house with a knife in her hand and approach Butler and place the knife against Butler's chest.  According to Clark's version of events, Clark yelled, "knife, knife," and then let go of Michael Mead's legs and knocked the knife from Elaina Mead's hand, sustaining a small cut in the process.

Last month Sheriff Gary Maha presented Clark with a Certificate of Appreciation and Butler a Commendation for their conduct during the confrontation.

UPDATE and CORRECTION: We should have included that Mead could also get five years probation. Also, the information that Butler was at the residence to execute a warrant is a mistake from the initial report that I forgot (while writing this) was later corrected. Butler and Clark went to the residence to question Michael Mead on an alleged violation of a court order investigation. When Butler attempted to arrest Mead, that's when he allegedly resisted arrest.

Jamie S. Schlonski, 40, an inmate in the correctional facility in Collins, is charged with burglary, 2nd, and criminal possession of a forged instrument, 2nd, and petit larceny. Schlonski was charged following an investigation by Le Roy PD into burglaries in August in the village. The victim reported numerous checks stolen and cashed in the village. Schlonski was living in Le Roy at the time and was later identified as a suspect.

Rebeca Lynn Rose, 26, of North Street, Le Roy, is charged with petit larceny. Rose is accused of shoplifting clothing from Target on Thursday. Also charged with petit larceny was Megan Lynn Furr, 26, of North Street, Le Roy.

Alicia M. Stankwick, 21, of 2955 Angling Road, Corfu, is charged with harassment, 2nd.  Stankwick is accused of sending unwanted text messages to a male whom she was advised by a Batavia PD officer the day before not to contact.

Ryan C. Cook, 34, of 7 Mill St., Batavia, is charged with harassment, 2nd. Cook is accused of having unwanted physical contact with a woman.

Kristen L. Brightenfield, 19, of Stafford, is charged with criminal mischief 4th/prevention of emergency call. Brightenfield was arrested by State Police for an alleged incident reported at 2:17 p.m. on Wednesday. No further details were released.

Richard Stevens is indicted on two counts of failure to register change of address, a class E felony, and two counts of criminal obstruction of breathing or blood circulation, a class A misdemeanor. Stevens, a convicted sex offender, is accused of moving in April to 22 Tracy Ave., Batavia, without registering a change of address within 10 days. He's also accused of moving back to 22 Tracy Ave. from the Genesee County Jail in October and failing to register a change of address within 10 days. Stevens is also accused of trying to choke another person on two occasions, once in October and again in November.

Clenton J. Reese is indicted on a count of criminal contempt,1st, a class E felony. Reese is accused of violating a court issued stay-away order.

Jakob Kosiorek, 20, of 24 Tracey Ave., Batavia, is charged with assault, 2nd. Kosiorek was arrested by Le Roy PD and accused of punching another person several times, causing a broken nose, cheek bones and several lacerations. Kosiorek was jailed on $10,000 bail.

Danielle M. Sundown, 30, of 4846 Livingston Street, Warsaw, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, uninspected motor vehicle and aggravated unlicensed operation. Sundown is accused of being involved in a motor-vehicle accident on East Main Street at 10:33 p.m., Friday. Sundown allegedly fled the scene and was located a short time later at a local business. Additional charges are pending.

Thomas Edward McFadden, 19, of North Main Street, Warsaw, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. McFadden was allegedly observed possessing and smoking marijuana by Deputy Patrick Reeves at 4:36 p.m., Monday, in the area of 127 North St., Batavia. Also charged with unlawful possession of marijuana were Brandon Michael Aquino, 17, of Linwood Road, Warsaw, and Chelsea Lynn Laley, 23, of North Main Street, Warsaw.

Charlee Nicole Tanner, 21, of West Avenue, Lyndonville, is charged with petit larceny. Tanner is accused of shoplifting $168.29 in merchandise from Kmart. Also charged with Tamera Antonia Dowdall, 26, of Beach Drive, Medina.

Robert Michael Freeman, 21, of East Avenue, Batavia, is charged with two counts of petit larceny. Freeman is accused of stealing from Target on Dec. 16 and Dec. 19.

A pair of Le Roy residents were reportedly arrested in Erie County on Sunday for allegedly selling counterfeit NFL merchandise at Ralph Wilson Stadium.

Charged with trademark counterfeiting were Kenneth Smith, 49, and Joshua Wyskiel, 31. Both men were taken into custody as part of a sweep of arrests of suspected fake NFL merchandise sellers.

From the Buffalo News:

Once the garments were identified as fake, Payne said he and fellow officers began making arrests throughout the Bills’ football season, with a “final sweep” of arrests Sunday.

“We started to see a lot of these unlicensed vendors walking around the stadium parking lots selling trademark counterfeit T-shirts and jerseys out of their backpacks,” Payne said. “The T-shirts were selling for $5 and the jerseys for $30. When somebody is purchasing a jersey, which normally sells for $100, that should be a clue it’s counterfeit.”

An alert neighbor spotted a potential burglary in progress on Washington Avenue on Tuesday leading to the arrest of a man police suspect may have been involved in other break-ins in the city.

Francis S. Smith, 19, of 20 S. Main St., Batavia, has been charged with burglary in the second degree and investigators are working to determine whether he may have been involved in other larcenies.

Smith is being held on bail in the Genesee County Jail.

His arrest followed a report of a burglary in progress about noon on Tuesday. Police responded, surrounded the residence and officers entered the residence and found Smith allegedly involved in a larceny of property from the residence.

A reader who was in the area at the time of the incident told The Batavian this is what he saw:

"The cops were yelling to someone inside to come out with their hands up. The man inside the house came out a second-story window on top of the porch roof. At that time the police drew their guns and ordered him to freeze and put his hands up. They brought the man back into the house and out the front door before putting him into the police car."

Brandon M. Maldonado, 24, of 24 Tracy Ave., Batavia, is charged with criminal possession of a forged instrument, 2nd, criminal possession of stolen property, 5th, and two bench warrants for alleged failure to appear as directed. Maldonado was taken into custody by Batavia PD at his residence on a felony arrest warrant as well as the bench warrants on unrelated charges. Maldonado was jailed without bail.

Daniel L. Zelazny, 50, of 6469 Swamp Road, Byron, is charged with driving while ability impaired by alcohol. Zelazny was taken into custody by the Sheriff's Office and turned over to Batavia PD following an investigation by Officer Matt Lutey of a motor-vehicle accident on East Main Street on Aug. 12.

Dominique L. Clyburn, 22, of 142 Saxton St., Rochester, is charged with criminal obstruction of breathing, criminal mischief, 4th, and harassment, 2nd. Clyburn was taken into custody by Rochester PD on an arrest warrant out of Batavia City Court and turned over to Batavia PD. Clyburn was jailed on $1,500 bail.

Elizabeth Ann Bucci, 58, of Prestige Crossing, Batavia, is charged with criminal contempt, 2nd. Bucci is accused of placing a phone call to a person she was ordered not to contact.

Casey Thomas Sutherland, 22, of Westside Drive, Churchville, is charged with unlawful possession of marijuana. Sutherland was allegedly found in possession of a small amount of marijuana during a traffic stop by Deputy Jason Saile at 9:20 p.m. Friday on Route 262, Byron.

Jonathan Christopher Pestillo, 18, of Seven Springs Road, Batavia, is charged with two counts of petit larceny. Pestillo is accused of shoplifting from Target on Dec. 16 and Dec. 19.

Jessie Marie Miles, 49, of Walnut Street, Batavia, is charged with petit larceny. Miles is accused of shoplifting at Kmart.

Jason L. Perry, 18, of Pavilion, is charged with unauthorized use of a motor vehicle and driving without a license. Perry was arrested by State Police on an alleged incident reported at 2:32 p.m. Thursday in Pavilion.

Two patrons of Tenney Coin Laundry at 198 Ellicott St. reportedly got into a fight over a washing machine and one of them slammed the machine's lid on the other's fingers. Police are responding.

A male patron of Sunny's Restaurant in the city mall reportedly got out of control and police have been called to respond. He is said to have started "swinging at people" once outside the eatery and was trying to regain entry through a side door.

Press release:

The Batavia Police Department is investigating several residential burglaries in the southwest area of the city. Entries to all residences were made in similar fashion via unsecured doors. Taken from the residences were items such as laptop computers, small electronics, gift cards and jewelry.

All incidents are similar in nature and are occurring during daylight hours.

Police will be increasing patrol activities in this area. The police department is also asking residents to be observant for, and to report, any strange activity or unknown persons in their neighborhood. Police ask that residents not attempt to intervene, but rather obtain a description of the person or persons involved, any vehicles involved as well as any direction of travel. Residents are encouraged to call 9-1-1 immediately and report the incident.

All residents are reminded of the importance of locking the doors to their homes even during the daytime hours. Residents are also reminded of the importance of documenting serial numbers or other identifying numbers of valuable items in the event they become lost or stolen. This documentation will assist the police in tracking the items if necessary.

Anyone with information regarding these burglaries, or any unsolved crime, is encouraged to contact the Batavia Police Department at 345-6350. Residents may also contact the Batavia Police Department’s Confidential Tip Line at 345-6370.

Darryl P. James, 30, of Darien, is charged with felony DWI, driving with a BAC of .08 or greater, aggravated driving with a BAC of .18 or greater, moving from lane unsafely, open container, failure to submit to breath test, resisting arrest and obstructing governmental administration. The Wyoming County Sheriff's Office received a complaint at 4:42 a.m., Christmas Day, of a vehicle operating on a resident's driveway on Church Road, Bennington, and James was arrested following further investigation. James allegedly has two prior DWI convictions. James was jailed on $25,000 bail.

Bryan Michael Wharton, 25, of Clover Crossing, Manchester, is charged with unlawful possession of untaxed cigarettes. Wharton was stopped at 4:16 p.m., Dec. 23, for alleged equipment violations on Gabbey Road, Pembroke, by Deputy Kevin McCarthy. He was allegedly found in possession of untaxed cigarettes.