crime

Joshua William Cresswell, 20, of Janes Road, Rochester, was found passed out behind the wheel of his gray sedan around 7:30 this morning with the motor still running. He was in a cornfield, south of Little Falls Road, Pembroke. Cresswell was arrested and will appear in Pembroke Town Court on Jan. 10 on charges of driving while intoxicated and driving with a BAC of .08 or more. (Nothing about his being underage was noted in the report.)

Rozella Ann Smith, 76, of Colonial Boulevard, Batavia, is charged with harassment, 2nd. She was arrested for allegedly striking another person on the wrist and arraigned in Town of Batavia Court. The incident allegedly occurred on Nov. 29 at 10:43 p.m.

Gregory Stephen Hallifax, 46, of Diane Drive, Cheektowaga, is charged with criminal contempt, 2nd, and arraigned in Stafford Town Court. Hallifax was arrested on suspicion of criminal contempt and failure to obey an order of protection on Nov. 29 at 11:32 p.m. at a location on East Main Street Road, Stafford. He was released and will appear in Stafford Town Court next month.

(Note: Temporary difficulties in receiving FAX transmissions delayed the publication of information on Smith and Hallifax.)

 

Tyler F. Longhini, 21, was arrested by the Le Roy Police Department on Tuesday and charged with multiple felonies in connection with crimes reported on Lake, Bacon and Pleasant streets in the Village of Le Roy.

His arrest was the result of an ongoing investigation that started in mid-July. The crimes he is suspected of committing include: entering unlocked vehicles; damaging the interior of a vehicle; attempted forced entry burglary to a shed; and an actual burglary of a residential apartment while the tenant was sleeping.

The charges are: one count of burglary, 2nd, a Class C felony; one count of attempted burglary, 3rd, a Class E felony; one count of grand larceny, 4th, a Class E felony; and two counts of criminal mischief, 3rd, a Class E felony.

Longhini, who lives at 82 Gilbert St. in Le Roy, was arraigned in the Le Roy Town Court and released under the supervision of Genesee Justice.

CLARIFICATION 4:34 p.m.: Longhini was originally arrested on July 15 after being caught in the act of rifling through vehicles. But he was only charged with misdemeanors at that time, pending continuing investigation of the break-ins and forensic lab results. Then on Tuesday, Le Roy police were able to bring mulitple felony charges against Longhini, according to Det. John Condidorio.

The three Batavia men arrested in February for running an illegal gambling operation, including two city firefighters, have entered guilty pleas in city court today to a Class A misdemeanor charge of promoting gambling, 2nd.

The pleas are a dramatically reduced from the Class B felony of enterprise corruption, which the case was elevated to in April.

Gregory Phillips and Brian Bordinaro, both veteran city firefighters, along with Lance Engel, a cook with the state's veterans home in Batavia, were originally arrested on a felony charge of criminal possession of gambling records in the first degree, a Class E felony. Philips was also accused of possessing a small amount of cocaine and charged with criminal possession of a controlled substance, 7th.

The Class B felony carried a maximum penalty of 8 to 25 years in state prison.

City Court Judge Robert Balbick's sentencing options include everything from an unconditional discharge to a year in county jail, including a combination of a shorter jail term and a term of probation.

As part of the plea deal, all three men agreed to resign their government jobs.

Attorney Larry Andolina, representing Phillips, said the charge his clients pled guilty to was exactly what they should have been charged with in the first place.

"I just don’t think gambling is that serious of a crime considering all of the gambling that goes on by the state, various lottery tickets, horsing racing, casinos … times need to be changed," Andolina said.

When the case first became public, investigators said gambling records indicated the trio was running a wide-ranging bookmaking operation that covered a variety sports, had numerous clients and turned over about $1 million in wagers. The trio was alleged by investigators to have taken in $80,000 in profits.

Andolina said none of that was true.

"It's all nonsense," Andolina said. "This was little people, betting, gambling on football games. It was blown so out of proportion, which is why it ended up being a misdemeanor."

At the first court appearance that Andolina and his fellow attorneys made on behalf of their clients, District Attorney Lawrence Friedman turned over thousands of pages of "discovery" -- the evidence the government has supposedly gathered against the defendants.

Andolina said the discovery failed to substantiate the original charges.

Friedman was not in court today, was out of the office and has not responded to a request for comment.

Sheriff Gary Maha said his investigators felt they had a solid case that could substantiate the felony charges or they wouldn't have made the arrests.

"We have many cases in which we make an arrest and then the case is pled down," Maha said. "It's our job to make the arrest. It's the DA's job to decide what to do with the case."

The Class A misdemeanor of promoting gambling is the lowest level crime under Article 225, New York's gambling penal code.

Joseph LaTona, attorney for Engel, said there was nothing unusual at all about the plea bargain. He characterized it as a "garden variety" plea.

"I’ve practiced criminal defense law for almost 40 years in Western New York and for individuals without a prior criminal history, for a first-time gambling offense, this is par for the course," LaTona said. "I’ve had many dispositions identical to this throughout many counties in Western New York.  It’s not unusual. It’s typical."

Sentencing on all three defendants is set for March 5.

One decision Balbick will be asked to make in the case of Phillips is to declare what Andolina called a "release from liabilities." He said Phillips has an opportunity for another job and a release from liabilities allows a person convicted of a crime to still be licensed in New York for some types of jobs. Andolina said the job prospect for Phillips is in the private sector.

Phillips and Bordinaro had 17 and 18 years on the job and would have been eligible for a New York State pension if they had completed 20 years of employment.

Both, they said in court, have already resigned from their city jobs.

Photos: Top, Bordinaro, center, with Andolina, right and Greg Ireland, president of IAFF Local 896. Inset, Phillips.

Benjamin Authur Tribunella, 18, of Spencerport Road, Rochester, is charged with criminal possession of a controlled substance, 7th, unlawful possession of alcohol by a person under age 21 and promoting prison contraband, 1st. Tribunella's vehicle was stopped at 4:28 p.m. Monday on Route 33, Stafford, for an alleged equipment violation by Deputy Joseph Corona. During the traffic stop, Tribunella was found to allegedly possess a controlled substance and alcohol. While being processed into the Genesee County Jail, Tribunella was reportedly found in possession of an additional controlled substance that he allegedly tried to conceal.

Randy Kevin Wilmet, 35, of Franklin St., Batavia, is charged with falsely reporting an incident. Wilmet is accused of providing false information regarding a vehicle accident at 5:18 a.m., Oct. 21, in the Town of Bergen. Wilmet reportedly was a passenger in the vehicle. Also charged was Matthew James Reed, 28, of State Street, Batavia.

Joshua David Kritz, 24, of Lyndale Court, West Seneca, turned himself in on a bench warrant out of the Village of Corfu Court for allegedly violating a conditional discharge on a DWI arrest. Kritz was jailed on $500 bail.

Gregory Stephen Halifax, 46, of Diane Drive, Cheektowaga, is charged with criminal contempt, 2nd. Halifax is accused of violating an order of protection.

Rochel J. Johnson, 31, of Pembroke, is charged with harassment, 2nd. Johnson was arrested by State Police in connection with an alleged incident reported at 6:20 p.m., Oct. 26. No further details were released.

Tips from readers of The Batavian have helped lead to the arrest a man suspected of driving his truck into the building of a restaurant in Darien Center on the night of Dec. 1.

Johny Bear's, on Broadway Road, reportedly suffered significant damage from a truck that spun out in the parking lot while the asphalt was covered with a dusting of snow.

N. L. Beglinger, 21, of Peaviner Road, Alexander, is being charged with reckless driving and leaving the scene of a property damage accident.

According to Deputy Brian Thompson's report, Beglinger drove into the parking lot at 12:35 a.m., with a 2006 Chevy pickup registered to Harlan L. George, of Peaviner Road. He drove in a northwesterly direction, spun counterclockwise and struck the building. He then allegedly headed southwesterly, and peeled out in the grass in front of a fire hydrant. Tire marks then showed the truck heading northwest and doing a donut in the parking lot.

Thompson said in his report that the investigation revealed that Beglinger intended to report to an insurance company that the truck struck a tree on Sprague Road.

The initial report in The Batavian suggested the truck involved in the accident also did donuts at the Triple C Shop Mart, Darien, and a video surveillance system captured some images of that truck.

It turned out the two incidents were unrelated -- different trucks -- though similar-looking -- and different drivers.

There were three passengers in Beglinger's truck, Shelby L. Fryer, 17, Douglas J. Knauss, 22, and Christopher King, 21.

Beglinger is scheduled to appear on the matter in Darien Town Court at 5 p.m., Dec. 18.

Deputy Kevin McCarthy assisted in the investigation.

Justin M. Wotherspoon, 26, of Gibson Street, Oakfield, is charged with felony DWAI, aggravated unlicensed operation and criminal possession of a controlled substance, 7th. Witnesses reportedly observed a vehicle allegedly driven by Wotherspoon operating in an erratic manner on Lewiston Road, heading from Batavia to Oakfield. The vehicle reportedly traveled over fog lines before going off the roadway on the opposite side of the road, then traveled a short distance in the ditch before reentering the roadway. Witnesses followed the vehicle to a residence in the Village of Oakfield and waited for police to arrive. Wotherspoon was allegedly found in possession of several prescription medications that were not his.

Stacey N. Cino, 24, of 22 Old Meadow Lane, Batavia, is charged with aggravated harassment, 2nd. Cino is accused of sending harassing and annoying text messages to another person. Batavia PD reportedly previously advised Cino not to have further contact with that person.

Sharon Y. Sharman, 41, of 8487 Seven Springs Road, Batavia, is charged with criminal contempt, 2nd. Sharman is accused of violating an order of protection. Sharman allegedly contacted, repeatedly, the person covered by the order of protection.

Nathan A. Dowty, 23, of Arpin, Wis., is charged with DWI and driving with a BAC of .08 or greater. Dowty was allegedly observed by a Le Roy police officer in the Fire Star Bank parking lot on West Main Street, Le Roy, driving the wrong way in the drive-thru lane and striking the curb. Dowty was jailed on $500 bail.

Thomas C. Zimmer, 36, of 3 1/2 Thomas Ave. Batavia, was arrested for allegedly failing to abide by a release under supervision contract. Zimmer was located at the Wyoming County Sheriff's Office and turned over to Batavia PD on a bench warrant. Zimmer was jailed on $1,000 bail.

Andrei P. Sliker, 21, of 318 W. Main St., Batavia, was arrested on a bench warrant for alleged failure to appear. Sliker was located in Le Roy by Le Roy PD and turned over to Batavia PD. Sliker was jailed on $300 bail.

Thomas M. Moe, 37, and Todd J. Corron Jr., both of Pleasant View Avenue, Syracuse, are charged with unlawful possession of marijuana. Moe is also charged with operating on a suspended registration. During a traffic stop on Route 5, Pembroke, Moe was allegedly found with a bag of marijuana in his pocket and remnants of marijuana cigarettes in his vehicle. Corron allegedly possessed a bag of marijuana in his pocket. The traffic stop was conducted by Deputy Lonnie Nati with assistance from Deputy Brian Thompson and K-9 "Pharoah."

Steven Michael Witkop, 46, of State Street, Medina, is charged with felony driving while impaired by druges with a child less than 16 in the vehicle, driving impaired by drugs and endangering the welfare of a child. Witkop was stopped by Deputy Joseph Corona on Bank Street, Batavia, following a complaint of a vehicle being driven erratically.

Sam Michael Cassidy, 21, of Montclair Avenue, Batavia, is charged with trespass. Cassidy is accused of being on College Village property after previously being barred from the property.

Brandon Nicholas Benz, 17, of Clinton Street Road, Batavia, is charged with criminal contempt, 2nd. Benz allegedly left a threatening message about the victim on his Facebook wall after being served an order of protection. Benz was jailed on $750 bail.

Anthony Paul Dibble, 23, Bethany Center Road, Bethany, is charged with burglary, 2nd, criminal mischief, 4th, and harassment, 2nd. Dibble allegedly kicked in the door of another person's apartment, entered without permission and while in the apartment destroyed a bathroom door and struck two other people during an altercation. Dibble was arraigned on $2,500 bail.

Jeffrey Michael Johnson, 24, of Farnsworth Avenue, Oakfield, is charged with endangering the welfare of a child, criminal possession of a controlled substance and possession of a hypodermic instrument. Johnson was allegedly found in possession of heroin, hypodermic needles and unidentified pills lacking proper documentation or containers. Johnson was allegedly supervising a child at the time. Also charged was Lauren Marie Peters, 22, of Martin Road, Akron.

Trevon L. Armstrong is indicted on counts of burglary, 2nd, criminal possession of stolen property, 4th, two counts of criminal mischief, 4th, falsely reporting an incident, 3rd, six counts of forgery, 2nd, three counts of offering a false instrument for filing and tampering with a witness, 4th. Armstrong is accused of entering a residence on East Avenue on Oct. 9 with the intent to commit a crime inside the residence. Armstrong is accused of possessing stolen property, a 46-inch Hisense LCD TV, a HP laptop computer and two boxes of jewelry. Armstrong is accused of damaging a window at the East Avenue property, as well as a door. Armstrong is accused of falsely reporting a burglary at a neighboring residence. He is accused of falsely implicating another person in possessing the stolen property. He is accused of signing a fake name on a fingerprint card, a witness statement and a deposition, as well as other government documents. Armstrong also allegedly tried to keep another person from testifying before the grand jury.

Earl F. Sprague III, is indicted on a count of criminal solicitation, 2nd. Sprague is accused of trying to engage another person in a Class A felony, murder in the second degree.

Janet M. Brady is indicted on counts of felony DWI, felony DWI with a child under age 15 in the car. Brady is accused of driving drunk Aug. 9 in the parking lot of Darien Lake Theme Park, Darien.

Martin F. Jones is indicted on counts of felony DWI, two counts of aggravated unlicensed operation and criminal mischief, 4th. Jones is accused of driving drunk Oct. 9 in the City of Batavia in the parking lot of Settler's Restaurant and Hess Mart. He is accused of damaging property at Settler's Restaurant with a value that exceeds $250.

Dennis E. Hopkins is indicted on charges of burglary, 3rd, and grand larceny, 4th. Hopkins is accused of entering a residence in February on Lewiston Road, Batavia, with the intention of committing a crime inside. He is accused of stealing $2,000 in cash.

Guillermo Roman Roque is indicted on three counts of incest, 3rd. Roque is accused of having sexual relations with a person he knew to be a family relative.

Elaina J. Mead is indicted on counts of menacing a police officer, assault, 2nd, criminal possession of a weapon, 3rd, and obstructing governmental administration, 2nd. Mead is accused of placing a knife to the chest of a deputy while attempting to block the arrest of her son, Michael Mead Sr., on June 17. Mead is accused of intentionally injuring a Le Roy police officer with a knife. She is accused of unlawfully using a knife as a weapon. She is accused of attempting to prevent the arrest of another person.

James Smith Jr.,  is indicted on counts of criminal possession of a weapon, two counts of menacing, 2nd, and assault, 2nd. Smith is accused of using a weapon with the intent to injure another person. He allegedly displayed a knife. He allegedly injured another person using a knife on July 22.

Edward Jordan White, 17, is charged with criminal possession of stolen property, 3rd, and burglary, 3rd, after he allegedly stole a Ford pickup truck and then some gas cans from a garage on Monday. He lives on East Main Street in Batavia.

It is alleged that he took the truck from Ellsworth Avenue in the city and then drove to West Main Street Road in the Town of Batavia where he allegedly entered an unattached residential garage and stole three gas containers in order to fuel the truck.

He was apprehended by law enforcement officers after he abandoned the truck and fled on foot. He was arraigned in Town of Batavia Court and then booked into county jail. He is to appear in town court at a later date.

The incident was investigated by Sheriff's deputies Ferrando and Nati.

A new charge has been filed against a 29-year-old Batavia resident accused of taking a 16-year-old girl out of state for a sexual relationship.

Timothy Michael Logsdon, of Dewey Avenue, Batavia, was arraigned Monday in Town of Batavia Court on a charge of endangering the welfare of a child.

On or about Sept. 29, Logsdon is accused of taking a teen out of state for the purpose of having a relationship with her.

Logsdon is being held by federal authorities. It's unclear what federal charges Logsdon is being held on.

Kentucky State Police took Logsdon into custody at the end of September in Bowling Green and Logsdon was returned to Genesee County.

He was located after FBI agents tracked his mobile phone activity.  The case began with a complaint by the girl's parents to authorities.

A 42-year-old Porter Avenue resident is in custody facing multiple criminal charges following a high-speed chase Monday night on the Thruway that covered 43 miles, both west and east, and reached speeds of 107 mph.

The chase ended at the toll booth road and Route 98, Batavia, when Ronald L. Worthington allegedly rammed a State Police car not once, but twice, and Worthington's sedan became disabled.

It already had two driver-side flat tires from hitting spike strips placed on the westbound Thruway exit by a deputy.

Worthington is charged with DWI, resisting arrest, criminal mischief, reckless endangerment, speeding and numerous other vehicle and traffic law violations, according to the State Police.

He was arraigned in city court and ordered held in the Genesee County Jail.

The chase started in the westbound lane of the Thruway, mile marker 401 in Pembroke, at 10:48 p.m.

Worthington allegedly continued west until reaching the toll booth plaza in Williamsville, at which point, the white sedan made a U-turn and headed back eastbound on the Thruway.

State Police units assigned to Troop A, Batavia, were dispatched to the Thruway. Deputies were sent to the Batavia exit -- knowing the suspect was driving a vehicle registered to a Porter Avenue resident -- and a deputy deployed the spike strips just minutes before the suspect reached Batavia.

After running over the spike strips, through the toll both and ramming the trooper car, the white sedan came to a stop and police officers from the State Police, Sheriff's Office and Batavia PD descended on the vehicle. The window on the driver's side was smashed out and officers grabbed Worthington and pulled him out of the vehicle.

Worthington was treated by Mercy EMS personnel for minor cuts caused by broken glass.

At this time, there is no report of a Taser or similar device being used to subdue the suspect.

(Initial Report)

State Troopers are in pursuit of a vehicle eastbound on the Thruway and a deputy has been requested to the Thruway off-ramp to set up a spike strip.

The chase just passed the Route 77 overpass.

The car is reportedly registered to a Porter Avenue resident.

UPDATE 11:15 a.m.: The vehicle made it past the toll both and is now stopped on Route 98. The subject is in custody.

UPDATE 11:32 p.m.: Ambulance requested the State Police, Batavia Barracks, for minor lacerations on the suspect.

A young black male, possibly Hispanic, was the subject of a police pursuit after a caller told dispatch he was observed stealing gas cans from a residence on West Main Street Road and attempting to fill up a maroon two-tone pickup truck with gasoline.

He's now in custody after he hopped a fence at the Batavia Meadows apartment complex and ran behind Valu Plaza, jumped into the Tonawanda Creek and climbed up the other side.

He dropped something along the way and law enforcement is looking to recover it, possibly a blue duffle bag and some other sort of bag.

He's said to be wearing blue jeans, a black coat with yellow on the sleeves, and a black hat.

He was captured after he went up Meadowcrest Drive and "he is looking at felony charges." Multiple law enforcement units responded to the call.

Nicole M. Bilby, 26, of 3476 W. Main St. Road, Batavia, is charged with trespass and resisting arrest. Bilby was allegedly unruly and disruptive while at the Batavia PD at 9:05 p.m., Friday. Officers directed Bilby to leave several times and she allegedly refused to leave. When taken into custody, Bilby allegedly resisted arrest. Bilby was jailed on $1,000 bail.

Joshua L. Baltz, 36, no residence provided, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Baltz is accused of offensive conduct in violation of an order of protection. Baltz allegedly called the protected person derogatory names and postured in a threatening manner. A child was reportedly present at the time. Baltz was jailed on $5,000 bail.

Rae C. Cook, 23, of 218 Ellicott St., upper, Batavia, is charged with harassment, 2nd. Cook is accused of threatening and pushing another person while at UMMC at 3 p.m., Saturday.

Tasshire T. Brown Sanders, 18, of 7 Caffery Place, Rochester, is charged with disorderly conduct. Brown Sanders is accused of standing in front of a residence on Oak Street and shouting obscenities and refusing to leave the area.

Eric D. Mancuso, 18, of 20 Woodrow Road, Batavia, is charged with unlawful possession of marijuana. Mancuso was allegedly found in possession of marijuana during at traffic stop at 10:33 p.m., Saturday, by Sgt. Dan Coffey.

Dan'l R. Fischer, 35, of 139 Jackson St., Batavia, was arrested on a bench warrant after allegedly failing to appear for a court date. Fischer was incarcerated in the Livingston County Jail at the time of his arrest.

Jeffrey Lynn Hayes, 48, of Meadow Circle, Avon, is charged with criminal possession of a controlled substance, 7th. Hayes was turned over to the Sheriff's Office on an arrest warrant out of Town of Byron Court.

A Sheriff's deputy investigating the case of a pickup truck doing donuts in the snow at two locations in Darien, one where a building was damaged, obtained a close-circuit videotape that showed a black Chevy pickup truck with a female passenger.

Any damage on the vehicle would be on the driver's side rear.

The time frame has been narrowed to 1 a.m. to 2 a.m., Saturday.

The photo above is NOT of the truck, but the truck is believed to look a lot like it.

The Sheriff's Office is investigating some property damage at two different locations in Darien apparently caused by a driver doing donuts, rubber burns and spinouts in the parking lots of two establishments.

One building, Johnny Bears Family Restaurant, 1415 Broadway, was struck during the overnight incident and sustained damage.

The vehicle is believed to be a pickup truck and it struck the building with it's rear driver's side.

After damaging Johnny Bears, the pickup traveled to Triple C Shop Mart on Route 20 and did extensive burn outs and spins, damaging the parking lot and gas tank covers.

All of the damage was caused between 9 p.m. and 4 a.m.

Anyone with information about the incident can contact the Sheriff's Office at (585) 343-5000.

A State Street resident involved in a brief standoff with police after he allegedly fired a shot from a .357 magnum in his rooming house is facing three criminal charges.

Dennis G. Wolfe, 51, of 218 State St., Batavia, is being held without bail on charges of criminal possession of a weapon, 3rd, reckless endangerment, 1st, and menacing a police officer.

Officers responded to 218 State St. at 3:52 p.m. after receiving two 9-1-1 calls from neighboring tenants who said they heard a single gunshot from inside the building.

Within minutes, Wolfe was located in room #10 and the responding officer radioed for backup, reporting that Wolfe was holding a gun.

According to police officials, Wolfe allegedly pointed the gun alternately at himself and a police officer.

After about 15 minutes of negotiations, Wolfe was convinced to drop the weapon.

According to police, Wolfe was involved in an ongoing dispute with a neighbor and was being evicted from the rooming house as a result.

Nobody was injured in the incident.

The investigating was conducted by Sgt. John Peck, Det. Paul Caffo, Det. Todd Crossett, Det. Kevin Czora, officers Thad Mart, Kevin DeFelice, Matt Lutey and Jamie Givens.

Also responding to the scene were deputies and troopers.

UPDATED, 3:56 p.m.

A NYS Supreme Court Justice has stayed the five-year prison term of Jacquetta Simmons pending an appeal of her sentence. The 27-year-old Batavia woman was convicted of punching a 70-year-old Walmart cashier a year ago Christmas Eve.

Simmons can be released from prison on either $50,000 cash bail or $50,000 bond or other security.

District Attorney Lawrence Friedman and ADA Melissa Cianfrini appeared in the chambers of Associate Justice Rose Sconiers, Appellent Division, 4th Department, this afternoon to argue against defense motions in the case.

Friedman said Sconiers isn't required to offer a reason for issuing the stay, but the argument that seem persuasive to her was the defense contention that Simmons' sentence was overly harsh.

Three attorneys represented Simmons, Friedman said, and argued that no other first-time felony offender convicted of second-degree assault in Genesee County since 2006 has received a prison term.

Two of the attorneys for Simmons said this afternoon that there were several reasons they believe the sentence was overly harsh, including all of the arguments raised by Attorney Ann Nichols in her statement to Judge Robert C. Noonan at the sentencing.

Among the factors -- she said she believes Noonan should have given more weight to Simmons' lack of documented encounters with the law, her college education, her steady employment, her volunteer work in the community and the broad range of support from "people who actually know her."

Attorney Earl Key added, "There are lots of things in our report that were raised at sentencing, but we put the law behind them and really detailed the law on what harsh and excessive is."

The defense team is also pursuing an appeal on the conviction of Simmons, and still believe they can get the conviction overturned, but Key said they led off today with the issue of the sentence.

Friedman said he and Cianfrini could have argued the case over the phone, but went to Buffalo to represent the people of Genesee County and the victim, Grace Suozzi, in person, rather than let only the defense appear in chambers.

The defense has until May 31 to finalize its motion and present its legal briefs.  Assuming Simmons makes bail, she could be out of prison until a ruling on the motion is issued.

Key said the actual order by Sconiers hasn't been signed yet, and until he has it in hand, he declined to discuss the process by which Simmons might be released from prison.

A Batavia resident was stopped by members of the Local Drug Enforcement Task Force while driving in Alabama on Thursday evening and allegedly found in possession of heroin and cocaine.

Joe C. Wind, 42, of Horseshoe Lake Road, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument.

Investigators allegedly found a needle with suspected heroin residue, a bag containing suspected heroin, a bag containing suspected cocaine and a glass pipe containing suspected cocaine residue.

Wind was issued an appearance ticket and released.

Uniformed deputies assisted in the traffic stop.

A gunshot into a residence on Broadway Road, Darien, passed within a foot of the head of an occupant at about 4:30 p.m., Thursday, according to the Sheriff's Office.

Nobody was injured in the incident, but investigators are looking for information that might help them determine who fired the shot.

The projectile is identified as a .45 caliber sabot slug. The type is commonly used in a rifle-barreled shotgun, according to the Sheriff's Office.

The slug passed through a sliding glass door at the rear of the home from a southerly direction. It stopped when it struck a panel door.

Damage at the residence is estimated at $1,000.

The location of the residence is between Tinkham Road and Route 77.

Anybody with information that may assist in the investigation is asked to call (585) 343-5000.

Raymond Lee Leach Jr., 55, of Montclaire Avenue, Batavia, is charged with aggravated sexual abuse 3rd. Leach is accused of jamming a toothbrush into the rectum of another Genesee County inmate while that person was sleeping. Bail on the new charge was set at $10,000.

John Thomas Jaccoud, 40, of Hutchins Street, Batavia, is charged with petit larceny. Jaccoud is accused of stealing from Darien Lake Theme Park while employed at the park.

Brad C. Doward, 23, of 10 Hall St., Batavia, is charged with criminal contempt, 2nd. Doward is accused of violating a stay-away order of protection. Doward allegedly went to the residence of the protected party and called that person on the telephone.

Melissa G. Betances, 31, of 189 1/2 Pearl St., Batavia, is charged with criminal contempt, 2nd. Betances is accused of violation an order of protection by contacting the protected party via text message.

Nicole E. Reilly, 19, of 10483 Bethany Center Road, Bethany, and Jennifer L. Judkins, 18, of Albion, are charged with petit larceny. Reilly and Judkins allegedly stole merchandise from Dollar General on East Main Street, Batavia.