crime

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.

Batavia PD is seeking assistance in identifying the man in this photo. He is a possible suspect in Tuesday's robbery of the Dollar General on East Main Street.

The suspect is described as a light-skinned black male, approximately 6-feet tall, wearing blue jeans and a dark Carhartt-style coat.

Anyone with information can contact the Batavia PD, Det. Todd Crossett at 345-6353, or 345-6350.

Tovia Poles, 24, of 77 W. Main St., Le Roy, is charged with grand larceny, 4th. Poles is accused of finding a wallet and rather than turn it into police, kept the wallet, destroyed the contents and then used the wallet herself. The person who lost the wallet reportedly left it on top of her car and then drove off from a parking spot on West Main Street, in the Village of Le Roy. The wallet fell to the ground at that location. The wallet contained personal identification, a credit car, a driver's license and a checkbook.

Chad Edward Merle, 31, of Broadway Road, Alexander, is charged with violation of a Family Court act. Merle was picked up on a Family Court warrant.

Twenty-year-old James Russell Kosiorek will have to go to prison, Judge Robert C. Noonan ruled Wednesday afternoon.

The former Le Roy resident had his sentencing delayed last week after Noonan decided he wanted more information on Kosiorek's mental health.

Today, Noonan said he was looking for some information that might explain why Kosiorek felt it was OK to flee to South Carolina after he was arrested on a felony assault charge.

"I was looking for some overriding, unreported psychological issue to help explain to me how you could behave so irresponsibly," Noonan said, "especially after a probationary sentence was placed on the table."

While it seems that no mental health professional who came into contact with Kosiorek ever really dealt with issues related to Kosiorek witnessing his brother's death at age 13, Noonan said that still didn't explain while Kosiorek fled.

He also noted that Kosiorek has found a new lease on life with a baby and plans to get married, but that at least one to three years in state prison was still the appropriate sentence.

Kosiorek was arrested in October 2010 for punching and kicking a victim in the head.

After jumping bail and heading to South Carolina, Kosiorek found a job, fathered a child and was engaged to marry.

At the first phase of his sentencing last week he said his new family meant everything to him and he wanted to lead a better life for his daughter.

Noonan did rule that Kosiorek could be considered a youthful offender, which means when he completes his prison term, he won't have a felony on his record.

"You will have that chance to start somewhat fresh when you are released," Noonan said.

A Batavia man accused in September of causing a brain injury to a baby entered a guilty plea today to a single count of reckless assault of a child.

Twenty-four-year-old Randy Johnson faces up to seven years in prison on the conviction. The Class D felony carries no mandatory prison sentence, however, so the full range of sentencing options will be available to Judge Robert C. Noonan on Jan. 25, when Johnson is back in court.

Johnson entered his plea under what known as an Alford basis. The written charge contained a factual allegation that Johnson hit the baby's head on a hard surface. Johnson did not want to admit to that allegation as a fact.

The Alford plea allows Johnson to plead guilty on the assumption he would be convicted by a jury, but without admitting to any specific facts related to the charged crime.

In a written statement, and a spoken one he made today after his guilty plea, Johnson admitted to actions that led to the baby's injuries.

"I should have watched my actions," Johnson added after he said he was guilty on the charge.

In a written statement obtained by police Sept. 20, Johnson said that four weeks prior the baby he injured was crying and woke him up early in the morning. He said he was irritated and snatched the baby from its crib.

"When I snatched him, his head snapped back real fast, like a whiplash, then it went forward," he wrote.

On other occasions, Johnson wrote, he would play with the baby by throwing it in the air. At first, this made the baby laugh, but later it made the baby cry, and in the statement he admits that throwing the baby in the air and causing him to turn in the air, could have caused the baby's injuries.

According to Noonan, the baby's injuries consisted of subdermal and retinal hemorrhaging.

Johnson was arrested Sept. 25 and charged with three counts of reckless assault of a child. The plea satisfies all three counts.

On Aug. 24, Johnson took the stand in the Jacquetta Simmons case as a defense witness. District Attorney Lawrence Friedman attacked Johnson's credibility relentlessly while he was on the stand, indicating that Johnson had changed his story from his earlier interviews and what he testified to in court.

Johnson, as Friedman claim in court, has reportedly had numerous prior contacts with law enforcement. In 2009, he was charged with criminal mischief and unauthorized use of a motor vehicle. He was arrested in December 2010 on a harassment charge. In March 2012, he was charged with reckless endangerment of property.

Police are looking for a white male wearing a Pittsburgh Steelers jacket and riding a bicycle in the area of the Dollar General store on East Main Street in Batavia. He reportedly "threw product" at a female customer inside the store after "becoming irate" following some sort of exchange. He was last seen leaving on the bike behind the store, which is located at 412 E. Main St., #3. Batavia PD is on scene.

A robbery just occurred at the Dollar General store on East Main Street in Batavia. The suspect fled on foot, heading east of the store toward Harvester Avenue. The suspect is described as a black male, 6-feet tall, about 240 pounds, wearing a camel-colored jacket. Multiple police units are responding to the store and the area. The suspect "pointed a pocket at (the clerk), indicating he had a gun."

UPDATE 6:53 p.m.: The suspect is further described as having a mustache, a small Afro hairstyle, and also wearing jeans.

UPDATE 7:55 p.m. (by Howard): On the scene, Sgt. John Peck said the suspect is described as a possible Hispanic male, medium skin tone, probably in his 20s, wearing a hooded Carhartt-type jacket.

The suspect handed the clerk a note "threatening harm" and pointed to his hip indicating a gun possibly in his jacket pocket or under his coat.

The clerk complied with the demands of the note and opened the drawer. The man reached in and grabbed all of the cash out of the drawer.

Peck said detectives are reviewing video footage from the store's surveillance cameras.

It's possible the suspect has been in the store before.

The suspect was last seen running toward Pizza Hut.

"As far as we know it was just him," Peck said.

Local law enforcement responded quickly after the robbery was reported, Peck said. Besides three Batavia PD patrols, the State Police and the Sheriff's Office had cars in the area.

"By sheer luck, we were very, very near," Peck said. "We don't think any vehicle was involved. We saturated the area and turned up nothing so far."

Dashawn A. Butler, 33, of 101 Summit St., right, Batavia, is charged with unlawful dealing with a child, 1st, criminal nuisance, 2nd, and unreasonable noise. Batavia PD responded to 101 Summit at 11:43 p.m., Saturday, on a complaint of a loud party. The police department reports having received numerous prior complaints for noise and underage parties. Butler was previously charged on similar allegations Oct. 20. On Saturday, officers report finding several underage people in the residence and the odor of marijuana. Butler was charged with unreasonable noise and maintaining a premise where unlawful conduct occurs for allegedly allowing persons under age 21 to consume alcohol. Following arraignment in city court, Butler was jailed on $10,000 bail.

Kasean L. Shannon, 20, of 119 State St., #4, Batavia, is charged with menacing, 2nd, criminal obstruction of breathing and harassment, 2nd. Shannon is accused of choking and menacing a woman with a knife during an argument at 9:30 a.m., Sunday.

Willie Miles Jr., 48, of 45 Washington Ave., Batavia, is charged with criminal mischief, 4th, disorderly conduct and harassment, 2nd. Miles is accused of damaging two windows at a residence.

Curtis J. Doward, 18, of 26 Ganson Ave., Batavia, is charged with harassment, 2nd, endangering the welfare of a child and unlawful possession of marijuana. Doward is accused of pushing another person and grabbing that person by the neck during a domestic incident. The alleged incident occurred in the presence of a young child. At the time of his arrest, Doward was allegedly found in possession of marijuana.

Joseph M. Dispenza Jr., 18, of 38 Church St., Le Roy, is charged with felony DWI, driving in violation of a conditional use permit, failure to keep right, moving from lane unsafely, inadequate headlights and refusal to take breath test. Dispenza was stopped at 2:40 a.m. Thursday on Pearl Street, Batavia, by Officer Darryle Streeter. Dispenza was jailed on $5,000 bail.

Bradley M. Crandall, 45, of 66 Lake St., Le Roy, is was arrested on a warrant out of drug court related to a DWI charge. Crandall was jailed on $100,000 bail.

Jason E. Carpenter, 34, of 33 S. Pearl St., Oakfield, is charged with harassment, 2nd. Carpenter was located on State Street and arrested on a warrant out of city court.

Kayla L. Rapone, no age or residence provided, was arrested on two bench warrants for alleged failure to appear in court.

Melissa L. Coufal, 42, of Bergen, is charged with possession of a controlled substance, 7th. Coufal was arrested by State Police in connection with an alleged incident from Nov. 19. Coufal was released on an appearance ticket. No further details were provided.

The Sheriff's Office has announced two arrests in connection with an incident Nov. 10 that led deputies and troopers responding to a house on Asbury Road, Le Roy, with lights and sirens after dispatchers were told a shot had been fired.

Steven A. Myers, 46, of Asbury Road, Le Roy, is charged with criminal mischief, 3rd, for allegedly shooting the phone of 17-year-old Brandon N. Benz, of Clinton Street Road, Batavia.

Myers reportedly came home and discovered Benz at the Asbury Road residence. He is accused of shooting a phone belonging to Benz.

Benz has been charged with sexual abuse, 2nd, and endangering the welfare of a child, both misdemeanors.

Nobody was injured in the incident.

The case was investigated by Deputy Bradley Mazur, Deputy Brian Thompson, Trooper Paula Caton and Investigator Roger Stone.

Leaha Rae Anne Wimmer, 20, of an undisclosed address in Darien, is charged with criminal possession of a forged instrument, 2nd. Wimmer is accused of using a forged/stolen check. She was jailed on $10,000 bail.

Brandon Nicholas Benz, 17, of Clinton Street Road, Batavia, is charged with harassment, 2nd. Benz is accused of pushing and shoving another person.

Joseph Anthony Mogavero, 19, of State Street Road, Batavia, is charged with unlawful possession of marijuana and possession/consumption of alcohol under age 21. Mogavero was arrested Saturday after Deputy Patrick Reeves was dispatched to Route 238 in Alexander for investigation of a suspicious vehicle off the roadway. Also charged with possession/consumption of alcohol under age 21 were Sean Patrick Francis Bodkin, 20, of Affinity Lane, Cheektowaga, Matthew Robert Blevins, 20, of Vernon Avenue, Batavia, and Nathan Alexander Demare, 19, of Brigham Road, Ferdonia.

Lucas George Yauchzee, 23, of West Bergen Road, Bergen, is charged with criminal possession of a controlled substance, 7th, and criminal possession of marijuana. Yauchzee's arrest comes after an investigation that began Dec. 26 when law enforcement responded to a report of a domestic incident at his apartment. Yauchzee is accused of possessing marijuana and hydrocodone.

Note: When the grand jury indicts individuals who have not been arrested, the indictments are sealed until the suspects are arrested and arraigned in county court. There have been a spate of recent arrests on sealed indictments. At the request of The Batavian, the District Attorney's Office today released all of the recent sealed indictments that have led to arrests. Some of these arrests have already been reported, but the indictments may contain additional relevant information.

Shawn Lardner is indicted on two counts of of criminal sale of a controlled substance, 3rd. Lardner is accused of selling oxycodone on Dec. 14 at the intersection of Peviner Road and Route 98, Alexander. On Dec. 15, Lardner allegedly sold oxycodone at the same location.

Robert Andreasen is indicted on counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Andreasen is accused of possessing and selling cocaine in the parking lot of Pizza Hut/Dollar General in Batavia on Feb. 4.

Randy Wilmet is indicted on a count of criminal sale of a controlled substance, 4th. Wilmet is accused of selling hydrocodone at a location on Ross Street on May 23.

Tracey Cook is indicted on two counts of criminal sale of a controlled substance, 3rd. Cook is accused of selling hydrocodone at 52 Columbia Ave., Batavia, on April 4 and April 18.

Cody Bush is indicted on a count of criminal sale of a controlled substance, 3rd and two counts of criminal sale of a controlled substance, 4th. Bush is accused of selling oxycontin at a location on North Street, Batavia, on April 19. He is accused of selling hydrocodone at 162 Bank St., Batavia, on May 4, and of selling suboxone at 412 E. Main St., Batavia, on May 17.

The sentencing has been delayed for a Le Roy man who fled to South Carolina after being charged with assault in the second degree for punching and kicking another person in the head in October, 2010.

James Russell Kosiorek, 20, formerly of Myrtle Street, was scheduled to be sentenced today, but Noonan postponed his decision until a more current mental health report could be produced.

A fugitive for a year, Kosiorek was returned to Genesee County in August after a potential employer's background check turned up a warrant.

Last month, Kosiorek entered a guilty plea to the assault charge with an agreement that his bail jumping charge was also satisfied by the plea. The sentence cap is one to three years, but Noonan could impose a lesser sentence, including probation or local jail time for less than a year.

After a lengthy statement by Kosiorek, which he tried to read, but Public Defender Gary Horton had to complete after he broke down crying a couple of times, Noonan asked to speak to Horton and ADA Kevin Finnell in a sidebar.

After the private discussions, Noonan said the issue was about the apparent incomplete mental health report in the presentence report. There was no information about mental health treatment -- or not -- after 2008. Noonan said he couldn't determine an appropriate sentence without that information.

Kosiorek's statement, he said, was the product of much reflection and a sincere desire to do the right thing for his fiance and baby daughter.

"I've promised her a better life than I've had for myself," Kosiorek said. "I will make it happen for her no matter what it takes and in the proper manner."

Prior to the assault, Kosiorek had never been in trouble with the law. He said the assault was a mistake that he regrets.

According to Kosiorek, his older brother died in his arms when he was 13 and as a result he developed a negative viewpoint.

Running away after he was arrested, he said, was an immature reaction, which he regrets.

While in South Carolina, Kosiorek became a father, got a job, rented an apartment and stayed out of trouble.

"I love them both so much," he said.

He also started attending church regularly, he said, and became very devout.

While it was his ambition once to enter the military and make it a career, if a felony conviction means that's no longer possible, he said he intends to go to college and become a better person.

"I want to be somebody who does something that matters," Kosiorek said. "I know I was wrong."

A 26-year-old Batavia man with prior arrests and already serving time in state prison was arraigned today on a sealed grand jury indictment charging him with drug dealing.

Cody Alan Bush Jr., formerly of 7614 Oak Orchard Road, Batavia, is accused of selling quantities of hydrocodone, oxycodone and suboxone to an agent of the Local Drug Enforcement Task Force.

A press release from the Sheriff's Office doesn't state the time period in which Bush allegedly made the sale to an undercover agent.

Bush is charged with criminal sale of a controlled substance, 3rd, and criminal sale of a controlled substance, 4th.

Following arraignment in county court, bail on this arrest was set at $20,00 and Bush was returned to Lakeview Correctional Facility.

He is serving from one-and-a-third to four years for driving while impaired by drugs with a prior offense, arriving in prison Sept. 13, 2012. The conviction may stem from a May 2011 arrest of Bush for felony driving while ability impaired by drugs, felony aggravated DWI with a child in the car (Leandra's Law), felony aggravated unlicensed operation, four counts criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

In the past couple of years, Bush has also been charged with petit larceny, criminal contempt and harassment.

The owners of Rolling Hills Asylum in East Bethany called dispatch to report that an unauthorized person or persons are inside the building and a flashlight can be seen probing the darkness. Sheriff's deputies are responding. The location is 11001 E. Bethany Road in East Bethany.

A young man once granted a second chance following his arrest in Batavia on drug charges was sentenced to state prison today.

Rochester native Benjamin Santiago, 23, will spend the next two and a half years in prison for drug possession and parole violation.

Santiago was originally arrested at a Batavia motel back in June of 2011.
At the time, he was one of three men arrested in possession of 74 bags of heroin and cocaine.

Shortly after his arrest, Genesee County Court agreed to allow Santiago to plead guilty to a reduced charge that would carry no jail time if he completed a substance-abuse program.

Santiago never completed the program and never appeared back in court.

He was re-arrested in October for bail jumping. His sentence on that charge will be handed down next month will run consecutively with the term he was given today.

Nicholas A. Antonucci, 25, of Broadway Road, Alexander, is charged with burglary, 2nd, and criminal contempt, 2nd. Antonucci allegedly entered a residence at 9:30 a.m., Saturday, of a person with an active stay-away order against Antonucci. Deputies allegedly located Antonucci inside the residence. Antonucci was jailed without bail. (Prior reports on Antonucci)

Cody A. Patrizi, 22, of 16 Walnut St., upper, Batavia, is charged with unlawful dealing with a child. Patrizi is accused of hosting an underage drinking party, which was reported at 1:15 a.m., Sunday.

Jake P. O'Leary, 19, Sam M. Cassidy, 21, and Declan L. Brennan, 21, all of 8 Montclair Ave., Batavia, are charged with unlawful dealing with a child. The three men are accused of hosting an underage drinking party, which was reported at 12:04 a.m., Sunday. Numerous underage people were allegedly at the party drinking.

Richard L. Maston, 30, of 40 S. Main St., upper, Batavia, was arrested on a warrant for allegedly failure to appear on a disorderly conduct charge. Matson was jailed on $500 bail.

Jennifer L. Stack, 26, of 48 S. Main St., Batavia, and Woodrow C. Horseman, 36, of 5049 E. Main St. Road, Batavia, are charged with petit larceny. Stack and Horseman are accused of stealing a shopping cart full of groceries from Tops Market at 3:17 p.m., Saturday.

Charles A. Larsen, 37, of Fisher Road, Oakfield, is charged with criminal trespass, 2nd. Larsen is accused of entering a residence on Swamp Road, Byron, and removing items that he owned. Larsen was jailed on $300 bail.

Alec Michael Frick, 23, of Ellicott Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speeding and consuming alcohol in a motor vehicle. Frick was stopped at 10:44 p.m., Saturday, on West Main Street Road, Batavia, by Deputy Matthew Fleming.

Michelle Ann Bruner, 19, of Townsend Street, Akron, is charged with criminal contempt, 2nd. Bruner is accused of harassing a victim in Basom in violation of a Family Court order during a property retrieval.

Joseph Lee Piedmont, 47, of Ross Street, Batavia, is charged with harassment, 2nd. Piedmont is accused of pushing another person.

Leon C. Bloom Jr., 30, of Batavia, is charged with felony criminal contempt, 1st. While incarcerated at the Genesee County Jail, Bloom is accused of sending a letter to a person protected by court order from contact by Bloom.

Melissa Marie Morton, 27, of Maple Road, Basom, is charged with petit larceny and criminal contempt, 2nd. Morton is accused of stealing four PlayStation3 games from Kmart. When confronted by store security, Morton was reportedly cooperative and returned the items. At the time of the incident, Morton was allegedly with another woman she is barred by court order from contacting.

Patrick O'Neal Spikes, 31, of Hutchins Street, Batavia, is charged with bail jumping, 2nd. Spikes was located by Batavia PD at an address on West Main Street Road while officers were assisting NYS Parole on a matter involving another individual. There was reportedly an outstanding warrant for Spikes out of city court for alleged bail jumping. The person parole officers were attempting to locate was not in the residence.

Press release from Attica PD:

Two youths, ages 17 and 18, have been arrested and charged with criminal mischief in the 2nd degree for the damage to 28 vehicles at Upstate Chevrolet in Attica. The names are being withheld pending a determination of possible "youthful offender" status. Upon the request of police, the two youths turned themselves in at approximately 6:30 p.m. Both youths were remanded to the Wyoming County Sheriff's Jail on $10,000 cash or $20,000 bond.

Police are in the area of the Northside Deli after a caller told dispatch that a white male and a black male made threats to another person and either showed a gun or said they had one. The complainant is somewhere on Bank Street and the pair police are looking for were last seen sitting outside the deli, located at 162 Bank St.

Attica's normally outside of our coverage area, but since there's a good chance a Genesee County resident could help solve this crime, here's a press release from the Attica PD:

Sometime between 6:00pm, November 16th and 9:00am today unknown individuals caused damage with rocks to 28 vehicles at the Upstate Cheverlet Dealership on Main Street in Attica.  Damage is estimated over $50,000.  The Attica Police Department is reviewing video tape from the dealership and other area businesses and are in the process of enhancing these videos to identify the perpetrators.

There is no motive at this time however Chief Palillo would like the individuals to know that if this was a prank that got out of control now would be the time to come forward before the investigation gets to far.

As before if anyone has any information about this incident they are asked to contact the Attica Police Department at 585-721-5276, or the Wyoming County Sheriff's Department at 585-786-2255.  This information can be kept confidential.

NOTE: This is an updated press release from the Attica PD replacing the original one.

UPDATE: In response to a comment by a reader wondering about cameras at the dealership, Thomas Cockman, parts and service director for Upstate, left this comment on Facebook: "We have several cameras and are reviewing tape right now, we will catch the people responsible, they would do themselves a huge favor by just turning themselves in. If the police have to hunt them down, it will make it that much worse."

The Grand Jury of Genesee County has issued the following indictments:

Kevin C. Johnson is indicted on a count of failure to register change of Internet access. Johnson, a convicted sex offender, is accused of not notifying authorities within 10 calendar days of a change in Internet access accounts.

James D. Ferguson is indicated on counts of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Ferguson is accused of driving drunk May 28 in Pembroke while having a revoked license due to a prior conviction in Buffalo in 2011 of driving while ability impaired.

Xzavier A. Davis is indicted on felony counts of DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. Davis is accused of driving drunk May 13 in the Town of Darien. Davis has a prior DWI conviction in the Town of Cambria in 2012.

Shawn A. Johnson Jr., is indicted on four counts of criminal possession of a forged instrument, 1st. Johnson is accused of possessing forged $20 bills in the Town of Darien.

Robert L. Hizer is indicted on counts of felony DWI, aggravated felony DWI and robbery, 3rd. Hizer is accused of driving drunk June 23 in the Town of Le Roy while children under age 15 were in the vehicle. He is accused of, on that same date, stealing $138 and a pack of cigarettes from the Wilson Farms store at 13 Lake St., Le Roy.

Laszlo Szabo is indicted on counts of felony DWI and driving with a BAC of .18 or greater. Szabo is accused of driving drunk Sept. 23 in the Town of Le Roy. Szabo has a prior DWI conviction from 2005 in the Town of Greece.