crime

McKayla J. Kosiorek, 18, of 304 S. Jackson St., Batavia, Terrance M. Schramm, 22, of 9 Edwards St., upper, Batavia, Isaiah Johnson, 22, of 110 Walnut St., Batavia, Kassean L. Shannon, 20, of 119 State St., #4, Batavia, Matthew J. Reed, 28, of 141 State St., #3, Batavia, Anthony M. Manners, 21, of 354 W. State St., Albion, and Alicia M. Stankwick, 21, of 319 E. Main St., #2, Batavia, are all charged with criminal trespass, 3rd. The seven individuals are accused of trespassing at 10:53 p.m., Monday, at the New Life House of God Church on Swan Street, Batavia.

Some girls on Ross Street near Batavia Middle School are reportedly throwing rocks at passing motorists. A women whose car windshield was struck by a rock is at the police station filing a complaint and an officer is going to the scene.

The wife of a Batavia couple who were accused of welfare fraud will serve five years on probation, Judge Robert C. Noonan ruled in Genesee County Court today.

Deborah Schramm, 32, of Hutchins Place, Batavia, entered a guilty plea July 16 to attempted grand larceny, 3rd.

Originally, Schramm was charged with five counts of offering a false instrument for filing, 1st, and grand larceny, 3rd.

Her husband, Michael Schramm, was sentenced Sept. 7 to one-and-a-half to three years in prison after pleading guilty earlier to offering a false instrument for filing, 1st.

The Schramms will be required to reimburse the Department of Social Services $17,026.39.

The couple admitted to not disclosing Michael Schramm's full-time job at a farm in Niagara County from February 2011 through August 2011. During that time the Schramms were receiving financial assistance from DSS.

Cases of suspected welfare fraud can be reported to the Genesee County Department of Social Services Fraud Investigation Unit at (585) 344-2580, ext. 6417 or 6416. All calls are confidential.

Tyler J. Pratt, 16, of 41 Vine St, Batavia, is charged with criminal contempt, 2nd, menacing, 1st, and criminal possession of a weapon, 4th. Pratt allegedly called police at 11:35 p.m., Saturday, reporting a subject with a knife at a residence on Roosevelt Avenue. When officers arrived, they allegedly found Pratt in possession of the knife. Pratt reportedly ignored several orders to drop the knife and allegedly brandished it in a threatening manner toward officers. Pratt then reportedly attempted to flee and was taken into custody after a brief foot chase. Pratt is under court order to stay away from the residence of the alleged incident. Pratt was remanded to the Genesee County Jail on no bail. Officers who responded to the call were Frank Klimjack, Daryle Streeter, Eric Bolles and Jamie Givens.

Shari A. Yark, 50, of 4 Roosevelt Ave., Batavia, is charged with criminal contempt, 2nd, and endangering the welfare of a child. Yark is accused of allowing a person at her residence at 11:35 p.m., Saturday, who was barred from the residence and of contacting her daughter while allegedly knowing a stay away order of protection is in place.

Antonio Michael Giglia, 22, of Amherst Street, Buffalo, is charged with grand larceny, 4th, conspiracy, 5th, petit larceny, criminal possession of a controlled substance, 7th, and possession of burglary tools. Giglia was apprehended following a complaint of larceny at Target. The suspects allegedly left stolen merchandise behind and fled the store. Deputies later located the suspects' vehicle. Also arrested was Amanda Rose Renza. Renza is charged with grand larceny, 4th, conspiracy, 5th and petit larceny. The case was investigated by deputies Joseph Graff and Patrick Reeves.

Leon C. Bloom Jr., 30, of 5 Thorpe St., Batavia, is charged with burglary, 2nd, criminal mischief, 4th, and petit larceny. Bloom was taken into custody following a report of a burglary in progress Saturday at a location on Fordham Drive. Bloom was also charged with criminal obstruction of breathing, criminal mischief, 4th, petit larceny and harassment, 2nd. Those charges stem from an unrelated incident earlier in the day.

Kevin Edward Moscicki, 25, of Jakaub Road, Elba, is charged with DWI, driving with a BAC of .18 or greater, refusal to submit to breath test, failure to yield right of way for emergency vehicle and driving left of pavement markings. Moscicki was arrested following a report at 8:16 p.m., Thursday, of a hit-and-run accident on Route 33, Town of Batavia. The suspect vehicle rear-ended a car parked on the shoulder of the roadway and fled the scene. At 9:05 p.m., dispatchers received a report of a Chevy pickup with front-end damage that was stopped at the intersection of Route 77 and Gabby Road, Town of Pembroke. The pickup was located by Deputy Patrick Reeves. Moscicki is also accused of leaving the scene of a property damage accident and moving from lane unsafely.

Melissa A. Williams, of Lake Street, Le Roy, is charged with petit larceny. Williams is accused of stealing two cans of Four Loko from a convience store in the village. Williams allegedly still possessed one can when she was located by Le Roy PD.

John W. Williams III, of 8170 Batavia Stafford Townline Road, Batavia, is charged with DWI. Williams was arrested by Batavia PD on a warrant. Williams was jailed on $1,000 bail.

Danny D. Williams, 24, of 18 East Ave., upper, Batavia, is charged with harassment, 2nd. Williams is accused of punching another person in the face and grabbing that person by the hair during a domestic incident at 10:40 p.m., Saturday. Williams was jailed on $250 bail.

Steven J. Mancuso-Haitz Jr., 28, of 110 Bank St., Batavia, is charged with criminal contempt, 2nd. Mancuso-Haitz turned himself in on a warrant for allegedly sending a letter to a protected party.

Dashawn Butler, 33, of 101 Summit St., right side, Batavia, is charged with unnecessary noise. Butler is accused of hosting an excessively loud party at his residence.

Scott C. Brown II, 24, of 3490 S. Main St. Road, Batavia, is charged with unlawful possession of marijuana. Brown was reportedly asked to leave a local business for allegedly being unruly. When police arrived they found him allegedly in possession of marijuana.

Charges were dismissed in Federal Court in August against the one person arrested on the Tonawanda Indian Reservation as the result of a raid related to alleged synthetic drug sales at smoke shops.

Tiffany E. Greiner, 22, of Akron, was arrested in July on a single count of conspiracy and possession with intent to distribute a controlled substance analog intended for human consumption.

Joseph LaTona, her attorney, said this morning that the charges were dismissed because a witness was out of town and not available for a scheduled court appearance. The prosecution didn't want to adjourn the case, so LaTona moved to dismiss the charges and the judge granted the request.

Federal prosecutors still have the option to take the case to a grand jury and seek an indictment.

Barbara Burns, spokeswoman for the U.S. Attorney's Office in Western New York, declined comment on the dismissal, but said authorities continue to investigate the case related to the Tonawanda raids. She said authorities continue to seek witnesses or other people with information and encouraged members of the public to come forward with any information they might have related to the alleged sale of synthetic drugs at the reservation.

Damon Bradford, 18, of Scottsvile Mumford Road, Scottsville, is charged with criminal impersonation, 2nd. Bradford is accused of impersonating a parent and defrauding Elba High School.

Jeremy D. Lyons, 27, of Oakfield, is charged with criminal contempt, 2nd. Lyons is accused of violating an order of protection. Lyons was arrested by State Police and jailed on cash bail. No further details released.

Josue Garcia-Basilio, 28, of no permanent address, was arrested by State Police on an unspecified federal felony. Garcia-Basilio was jailed on a bail bond. No further details released.

Suzanne Dizak is indicted on counts of criminal possession of stolen property, 4th, and criminal possession of a controlled substance, 7th. Dizak is accused of possessing jewelry stolen from Target on April 1 when she allegedly knew the property was stolen. The total value of the jewelry was reportedly $1,171.58. On that same date, Dizak is accused of possessing heroin.

Brian P. Griffen is indicted on counts of burglary, 3rd, and grand larceny, 4th. Griffen is 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.

Luis Ramos Perez is indicted on felony counts of aggravated DWI and aggravated driving with a BAC of .08 or greater. Perez is accused of driving drunk May 6 on Route 262, Byron, with a child under age 15 in the car.

Sheri Lee Flint, 30, of Selden Road, Le Roy, is charged with identity theft, 3rd. Flint is accused of applying for a credit line in the name of another person and after receiving the credit card, making a purchase on credit.

Emily J. Walker, 19, of Sherman-Stedman Road, Sherman, is charged with criminal contempt, 2nd. Walker is accused of sending text messages to a person in violation of a court order.

Benjamin Santiago, 23, who made news June 1, 2011, when he was part of a group of men arrested at a local hotel for drug possession in a case that unraveled into an attempt by a suspect to flee, jail house violence and a conspiracy to commit murder, is back in custody.

Santiago was located in a parked car by Rochester PD and arrested on warrants for bail jumping, 2nd, and criminal possession of a controlled substance.

The former Batavia resident admitted in May to drug possession but was offered a chance by Judge Robert C. Noonan at a reduced plea and no jail time if he completed a substance abuse program.

Following his arrest in Rochester, Santiago was turned over to the Genesee County Sheriff's Office, arraigned and jailed without bail.

Kenyon Hanks Barnes, 27, of North Street, Le Roy, is charged with trespass. Barnes is accused of being on College Village property after being banned.

Joseph Henry Schenik, 21, of Mill Street, Le Roy, was arrested on a warrant for alleged failure to appear on a charge of criminal possession of property, 5th. Schenik was jailed on $500 bail or $1,000 bond.

Former Batavia resident Richard Lee Matson admitted in Genesee County Court today that he possessed and cashed a forged check.

The plea satisfies up to 15 such charges for which Matson will be required to make $4,500 in restitution.

Matson was arrested in July and accused of cashing forged checks in both the town and City of Batavia.

The Class D felony conviction carries a possible sentence of two-and-a-third to seven years in prison and as part of the plea, there is no sentence cap.

In court today, when asked, Matson told the court clerk he now lives at an address on Tracey Avenue in Northshire.

Sentencing is set for Jan. 9 and Matson is out of jail under supervision of Genesee Justice in the meantime.

A Pembroke woman who allegedly supplied child pornography to a man later convicted of molesting toddlers entered a guilty plea in Genesee County Court today to one count of possession of sexual performance of a child.

As a term of the plea deal, Beverly Hensel, 53, of 8921 Alleghany Road, Pembroke, could receive up to 10 years probation and an intermittent jail term.

She also will not face federal prosecution.

Hansel admitted to possessing child pornography between January 2008 and December 2009.

According to court documents, Hansel met James L. Little Jr., 41, formerly of Batavia, at a bar in Corfu. During the meeting, Little said Hansel offered to acquire child pornography for him.

"Bev knew I was having certain feelings," Little wrote in his deposition as part of the court documents filed with Hansel's arrest. "Bev gave me my first child porn DVD around January of 2008."

Little is currently serving a 15-year sentence for molesting a toddler in Batavia last year and has been charged with molesting a second child.

Hansel will be sentenced Jan. 9.

Jessica L. Connolly, 34, of Batavia, is charged with DWI, driving while impaired by drugs and unlawful possession of marijuana. Connolly was stopped by State Police at 4:15 p.m., Saturday, on Route 98 in Alexander.

Timothy Billingsley, 21, is charged with criminal mischief, 4th, and harassment, 2nd. Billingsley was arrested by State Police for an alleged incident reported at 12:27 p.m., Friday.

Justin Marc Wotherspoon, 26, of Gibson Street, Oakfield, was arrested on a warrant out of Town of Batavia Court. He was jailed on $200 bail.

Ajia R. Hasenauer, 19, of 73 S. Main St., Batavia, is charged with grand larceny, 4th, and 16 counts of criminal possession of a forged instrument, 2nd. Hasenauer is accused of cashing 16 checks from a closed bank account. Hasenauer was jailed without bail.

Cynthia H. Owens, 37, of 28 Buell St., Batavia, is charged with criminal contempt, 2nd. Owens was taken into custody on a warrant and jailed on $1,000 bail.

Derek G. Thomas, 36, no permanent address, is charged with criminal contempt, 1st. Thomas is charged with a felony for allegedly violating an order of protection by being at the residence of a protected party. He is also accused of a parole violation. Thomas was jailed without bail.

Dajuandrick C. Gardner, 35, of 212 State St., Batavia, is charged with assault, 3rd, obstructing governmental administration, 2nd, and unlawful possession of marijuana. Gardner was charged in connection to an alleged incident at his residence at 5:35 a.m., Tuesday. Gardner was jailed on $10,000 bail.

Five people were charged with possession or consumption of alcohol under age 21 at 11:51 p.m., Saturday, at College Village. Charged were Kiera Monet Smoot, 19, Trevlyn Caljic Hentry, 19, Brendaliz DeJesus, 19, Ilkia Solana, 19, Drema Ramona Bautista, 19.

Kara Brooke Sass, 18, is charged with criminal trespass. Sass is accused of being at Residence Hall at College Village at 11:21 p.m., Oct. 6, after being barred from the property.

Jeffrey Michael Johnson, 24, of Forest Avenue, Oakfield, is charged with appearing in public under the influence of a narcotic or drug other than alcohol. Johnson was jailed on $300 bail.

Summer Ogden, 36, no permanent address, is charged with criminal trespass, 2nd. Ogden is accused of trespassing on Batavia Housing Authority property.

Press release:

Four persons were arrested on Oct. 7 by the Le Roy Police Department after allegedly being found in possession of more than $1,000 worth of stolen property, which was taken that night from the outside of a furniture store in the Village of Caledonia.

The investigation started about 10:30 p.m. that evening when a BOLO was sent out by the Livingston County Sheriff’s Office asking officers to be on the lookout for a vehicle occupied by people who witnesses say just stole furniture from the store.

The vehicle was located by the Le Roy Police as it was passing through Le Roy, headed west on Route 5 toward Batavia. The four occupants were allegedly found with multiple stolen items inside the vehicle worth more than $1,000 and taken into custody.

The four suspects, their vehicle and the property were then turned over to the Livingston County Sheriff’s Department and the four were charged in Livingston County for the theft. The four are also being charged in the Village of Le Roy with criminal possession of stolen property in the fourth degree, a Class E felony.

The four people arrested are:

Amy Lynn Showler, 37, of 19 Manhattan Ave., Batavia

Richard Donald Hammer, 45, of 5 Wood St., upper apt., Batavia

Jennifer Ann Zimblis, 40, of 34 Main St., apt. 2, Le Roy

Daniel John Wolfe, 38, of 5 Wood St., Batavia

Mike Lullo kept the key tacked to a bulletin board in his office for years.

"I told my wife, 'I'm going to ride that motorcycle again.' "

Her response, "yeah, yeah, yeah."

Soon, Lullo will ride that motorcycle again.

The motorcycle in question arrived in Batavia last night and was uncrated outside his insurance office on Center Street this morning.

It's a 1969 BSA Rocket III, a highly desirable bike in its day that Lullo acquired in 1975 while attending college in Albany.

It was his primary transportation for awhile. He took it on some road trips, and on one of those trips it broke down.

Lullo took the bike into the basement of a building he owned and started repair work.

"It was at the time what’s known as a basket case," Lullo said. "It had broken down, had some engine problems and was being repaired. It was somewhat disassembled, so to the untrained eye it was just a bunch of parts, a frame with some wheels on it."

One of Lullo's tenants took it upon himself to sell the bike to somebody locally. It was some time before Lullo discovered the bike was missing and about 11 years ago, he reported it stolen.

The former tenant still lives in Batavia and recently told police, Lullo said, that he sold the bike because Lullo told him to clean out the basement and get rid of everything.

"Yeah, right," Lullo said.

Even if the former tenant admitted to stealing the bike, it wouldn't matter much now.

"The statute of limitations is only five years," Lullo said. "That was 14 years ago. There's no touching him at this point. I'm just happy to get the bike back."

The tenant got $150 for the BSA and it changed hands a couple of times before it was sold to a man in Syracuse for $200.

That buyer sold the motorcycle on Ebay last November for $3,350.

In March, one of Lullo's insurance customers came into his office and they started talking motorcycles.

Lullo mentioned he once owned a BSA, and the customer said, he once did, too.  Lullo asked him to describe the bike.

"It was your bike, wasn't it, Mike?" the customer said.

With that clue, Lullo was able to find the guy in Syracuse who wound up with the motorcycle and sold it on Ebay.

At that point, Lullo recontacted Batavia PD. Det. Pat Corona got involved in the case and between the two of them -- Corona contacted Ebay for help -- they were able to track down the online transaction and the buyer in England.

The buyer in England is a retired fellow, Lullo said, who is quite into motorcycles and buys and sells parts on Ebay.

"He was a bit taken aback when he discovered he had purchased a stolen motorcycle and really didn’t want to give it back because he had invested a lot into the restoration," Lullo said.

The man shared receipts with Lullo showing $7,500 in work on the motorcycle.

The restoration project was never completed because once the man found out he would be sending the motorcycle back to the U.S. he stopped working on the project.

He returned the bike and all the original and restored parts, professionally packed in a well-constructed crate.

Lullo paid for the shipping and reimbursed the man in England for some of the restoration, otherwise, the man in England is out his purchase price and some of the restoration expense.

While Lullo expressed some sympathy for the man, he did buy a motorcycle without absolutely no documentation and once Lullo established rightful ownership the man in England, legally, had to turn it.

According to Lullo, because the buyer is in England, Ebay's buyer protection program doesn't apply to the transaction.

Proving Lullo owned the BSA wasn't necessarily easy. 

Back in the 1970s, New York didn't issue title on motorcycles, so all he had was sales receipt and a registration. Those documents disappeared with the bike.

One of the things Lullo learned about the bike the man in England had was that it was missing a side panel.

When the bike was originally stolen, the thief and/or buyer left behind a side panel.

The paint job was a custom color and that color matched the color of the bike at the time the buyer in England received the motorcycle pieces.

That helped prove Lullo was the proper owner of the motorcycle.

Getting the motorcycle back to the United States proved problematic. It was shipped to England as motorcycle parts along with other freight, so there was no export record for a motorcycle, so to customs it looked like a new import. Lullo had to produce police records and other documentation to prove the bike was being repatriated to the U.S.

After not hearing from customs, Lullo called Newark and this time he apparently got the right guy on the phone who said simply, "Your bike is ready. Come and pick it up."

Immediately, Lullo jumped in his pickup truck and drove down to Newark to retrieve a very important connection to his youth.

After unpacking it today, he stood back, held his arms out wide and with a broad grin said, "It's back home."

At about 6:12 p.m., Thursday, a gold-colored Chevrolet S-10 pickup truck reportedly struck another vehicle on East Main Street at Elm Street and fled the scene.

Batavia PD is looking for assistance in locating the vehicle and driver.

The other car reportedly suffered extensive damage.

While the license plate number is unknown, it's believed the truck had New York Empire gold and blue license plates.

The truck should have extensive hood and front passenger-side damage.

The vehicle was last seen heading north on Elm Street.

The driver is described as a white male, from 30 to 40 years, average height and blond hair.

Anyone with information is asked to contact Batavia PD at 345-6350. The confidential tip line is 345-6370.

A Rochester man accused of robbing the Five Star Bank branch in Pavilion on April 16 has been formally charged with the crime.

Jonathan Alexander Mills, 25, was arraigned in Genesee County Court on Wednesday. He is charged with robbery, 3rd, and grand larceny, 4th.

While bail was set at $10,000 cash or $20,000 bond, Mills is currently being held in the Columbia County Jail on similar charges. He is scheduled to reappear in Genesee County for further court proceedings Dec. 11.

James G. Cox II, 27, of 46 Holland Ave., Lancaster, is charged with petit larceny, consumption of alcohol in a motor vehicle and permitting unlicensed operation of a motor vehicle. Cox was identified as a suspect of a heist of a 12-pack of beer from Tops Market at 11:29 p.m., Wednesday. His vehicle was located on School Street and Officer Frank Klimjack initiated a traffic stop.

Jamie A. Showler, 16, of 19 Manhattan Ave, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unlicensed operation. Showler was allegedly driving the vehicle (see Cox, above) seen leaving the scene of an alleged beer theft from Tops Market.

(Name redacted upon request), 22, of River Road, Pavilion, is charged with petit larceny and criminal tampering, 3rd. xxx was located in Target on Wednesday and identified as a suspect in the theft of the beverage Red Bull on Oct. 6. Besides allegedly stealing the Red Bull, Losh is accused of tampering with the security device on a Dyson vacuum.

Rena P. Argento, 53, of Chili, is charged with DWI and driving with a BAC of .08 or greater. Argento was stopped by State Police on Caswell Road, Stafford, at 2:36 a.m., Tuesday.

The 28-year-old business sign for Settler's Restaurant was destroyed early this morning by an alleged drunken driver.

Martin F. Jones, 41, of 120 Jackson St., Batavia, allegedly hit the sign at 1:56 a.m.

After Jones reportedly hit the sign, witness reportedly found Jones apparently passed out over the wheel of his car. They pounded on the window of the vehicle and Jones reportedly woke up, put his car in reverse, and pulled out onto West Main Street.

He then allegedly drove to the Hess station at West Main and Oak streets where he allegedly ran into a parked vehicle.

Police say Jones then abandoned the vehicle and left on foot.

He was located a short time later by Deputy Frank Bordonaro and taken into custody.

Jones was charged with felony DWI, refusal to take breath test, two counts of leaving the scene of a property damage accident, unsafe backing, aggravated unlicensed operation, 1st, avoiding an intersection, speed not reasonable and prudent and driving on the sidewalk.

He also had two active arrest warrants for allegedly falsely reporting an incident and disorderly conduct.

Batavia PD reports that Jones had "several" previous DWI convictions and was driving on a revoked license as a result.

Following arraignment in city court, Jones was jailed without bail.

The case was investigated by Lt. Greg Steele, Sgt. Dan Coffey, Officer Eric Bolles and Officer Marc Lawrence.

Settler's co-owner John Spyropoulos said the sign, which has already been removed from the property, is damaged beyond repair and will need to be replaced.