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November 13, 2017 - 1:56pm
posted by Howard B. Owens in crime, batavia, news, notify.

Police are continuing to investigate an attempted robbery reported Saturday night on West Main Street, and though some subjects were located a short time after the incident was reported, no arrests have been made.

Det. Todd Crossett also confirmed there was a robbery earlier that evening on Harvester Avenue.

He said it hasn't been determined yet whether the incidents are connected, or if they are connected to an incident in late October where a man was splashed or sprayed with some sort of liquid (he wasn't injured).

The attempted robbery Saturday involved at least four males on bicycles.

An off-duty police officer working at Towne Center of Batavia that night spotted four males on bicycles riding in front of Dick's Sporting Goods shortly after the attempted robbery was dispatched to police.

Sheriff William Sheron was already in the area and deputies responded and the subjects were detained after they had entered Target.

The victim of the attempted robbery was treated at the scene for a possible eye injury.

After The Batavian reported that incident, a person called dispatch to report she had been robbed earlier in the evening on Harvester Avenue. In that case, the perpetrators got away with $20.

The incidents remain under investigation, Crossett said.

November 13, 2017 - 10:01am
posted by Howard B. Owens in crime, news, Oakfield, batavia, notify, Le Roy, elba, pembroke, Alabama, bergen.
mugmichaelshetler2017.jpg
      Michael Shetler

Michael Alan Shetler, 27, of Judge Road, Oakfield, is charged with two counts of second-degree strangulation, five counts of criminal obstruction of breathing, two counts of third-degree assault, unlawful imprisonment, 2nd, and two counts of criminal mischief, 4th. Shetler was arrested following an investigation by Deputy Kevin Forsyth and Deputy Richard Schildwaster into several complaints of domestic violence at a location on Main Street, Oakfield. Shetler was also charged with endangering the welfare of a child. He was jailed on $5,000 bail.

Nicole Leanne Williams, 25, of Kings Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Williams was stopped at 2:45 a.m. Sunday on Quaker Hill Road, Elba, by Deputy Howard Wilson.

Amy R. Sellhorst, 31, of Beaufort Street, Rochester, is charged with harassment, 2nd. Sellhorst is accused of hitting another person at a location on York Road, Le Roy, at 10:37 p.m. on Saturday.

Jason William Wolf, 41, of West Main Street Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, driving a vehicle without an interlock device, and improper left turn. Wolf was stopped at 8:23 p.m. Thursday on West Main Street Road, Batavia, by Deputy Richard Schildwaster.

Jaclyn Kathryn Blackmer, 32, of Cabot Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, open container, driving left of pavement markings, and moved from lane unsafely. Blackmer was stopped at 2:33 a.m. Saturday on Main Road, Pembroke by Deputy Mathew Clor.

Joseph M. Smith, 41, of State Street, Batavia, was arrested on a warrant. Smith posted bail and was released.

Alaysia L. Henderson, 18, of Gardiner Avenue, Rochester, was arrested on a warrant for alleged failure to appear. Henderson was released on $500 bail.

Christina R. Aaron, 21, of Rochester, is charged with unlawful possession of marijuana and speeding. Aaron was stopped by State Police at 11:51 p.m. Friday on Route 33, Bergen.

Heather M. Captain, 31, of Basom, is charged with harassment, 2nd. Captain was arrested by State Police in relation to an incident reported at 8:35 p.m. Aug. 27 in the Town of Alabama. No further details released.

Crystal D. Cardona, 27, of Bergen, is charged with unlawful possession of marijuana. Cardona was stopped by State Police at 1:55 p.m. Nov. 7 on Route 33, Bergen.

November 11, 2017 - 9:32pm
posted by Howard B. Owens in crime, batavia, news.

A caller reports an attempted strong-arm robbery in the area of 352 W. Main St., Batavia.

The victim reportedly suffered an eye injury and Mercy EMS is dispatched.

The suspects, four to five males on bicycles, were last seen heading toward Tops.

Batavia PD responding.

Subjects matching the description have been spotted on Veterans Memorial Drive.

UPDATE 9:36 p.m.: The four subjects were seen entering Target. One is now in custody.

UPDATE 9:39 p.m.: Sheriff William Sheron, apparently already in the area, is on scene. All four may be in custody. An off-duty police officer working security at Towne Center at Batavia first spotted the individuals.

UPDATE 10:20 p.m.: A caller to dispatch who saw this post reports being attacked earlier this evening on Harvester Avenue and having $20 stolen.

November 10, 2017 - 6:30pm
posted by Howard B. Owens in crime, news, bergen, Stafford, notify.
wickingsmugshot2017.jpg
      Colin Wickings

Collin Ronald Wickings, 24, of Clinton Street Road, Bergen, is charged with sexual abuse in the first degree. Wickings is accused of sexual contact with a 6-year-old child. The alleged contact was reported Sept. 18 in Stafford.

Wickings was arraigned in Stafford Town Court and released under the supervision of Genesee Justice. Wickings was ordered to stay away from the alleged victim.

Further court proceedings are pending.

The case was investigated by Youth Officer Tim Westcott, assisted by Deputy Richard Schildwaster.

November 9, 2017 - 9:27am
posted by Howard B. Owens in crime, batavia, news, notify.

June E. Ellis, 70, of South Main Street, Batavia, is charged with harassment 2nd. Ellis was allegedly involved in an altercation with another person in the parking lot of Tops at 7:15 p.m., Nov. 2.

Eric J. McGill, 34, of Lewis Place, Batavia, is charged with harassment 2nd. McGill was allegedly involved in a disturbance on Lewis Place at 6:22 p.m., Monday. A 17-year-old was also arrested.

Katty L. Jackson, 21, of Dewey Avenue, Batavia, is charged with criminal contempt 2nd. Jackson allegedly violated an order of protection at 7 p.m., Nov. 2.

Jessica M. Pfenninger, 35, of Creek Road, Batavia, is charged with petit larceny.  Pfenninger is accused of shoplifting from Dollar Tree on West Main Street, Batavia.

Christina A. Cotter, 25, of Ellicott Street, Batavia, is charged with criminal contempt 2nd. Cotter is accused of violating a stay away order of protection by sending text messages to the protected person.

Sean M. Haugh, 20, of Covington Road, Perry, is charged with disorderly conduct. Haugh was arrested following a report to police of a disturbance at UMMC.

November 8, 2017 - 3:17pm
posted by Howard B. Owens in crime, batavia, news.

An 18-year-old man indicted on a charge of attempted murder in a stabbing last month behind a group of businesses on Veterans Memorial Drive entered a not guilty plea in Genseee County Court today.

The attorney for Jeffrey L. Barr, no permanent address, Public Defender Jerry Ader, said he will be filing motions to challenge the Grand Jury indictment.

 A hearing on that motion is set for Jan. 19.

Meanwhile, Barr is held without bail. Ader made no application for a revision in Barr's bail status but told Judge Charles Zambito that his client reserved that right to address his bail status at a later date.

Barr is accused of stabbing a man from Buffalo multiple times, including in the neck and chest, at 9:30 p.m., Friday, behind the mall at 4140 Veterans Memorial Drive, the location of Jagged Edges, Pawn King, Yume Asian Bistro and Peebles. Then the victim stumbled to the parking lot of Batavia Downs where he was located by a person who called 9-1-1 and rendered aid.

November 8, 2017 - 2:59pm
posted by Howard B. Owens in crime, State Police, news.

Press release:

Public warning -- IRS phone scam alert

The New York State Police in the Western NY area, including Niagara County Sheriffs Dispatch are receiving IRS phone scams. Recently some of calls have a return number to a New York State Police Barracks. The New York State Police are looking into these incidents.

The IRS does NOT contact the public over the phone to discuss tax payment issues.

Other phone scams include a fictitious police officer calling you over the phone demanding money to help bail out a loved one that just got arrested.

Law enforcement agencies do NOT call family to take bail money or gift cards from a retail store to pay off a bail.

If you have an elderly member in your family, warn them of these phone scams.

If you are a victim of a phone scam, call the appropriate police agency in the area you reside or the State Police at 585-344-6200.

November 8, 2017 - 1:31pm
posted by Howard B. Owens in crime, batavia, news.

At the request of his attorney, a 26-year-old Batavia man accused in attacking a victim in a multi-person assault that led to serious injuries for the victim on East Main Street in July will be given time to consider a plea offer.

Anthony Spencer is one of two defendants identified in the case so far that led to charges against Spencer and JW Hardy of first-degree assault and gang assault.

The offer to Spencer to is to enter a guilty plea to attempted assault in the first degree.

Spencer has until Dec. 4 to make a decision.

Attorney Faris Rumi also asked Judge Charles Zambito for a reduction in bail for his client, noting that while Spencer was never charged with a crime before, he has bail set on other cases, including felony indictment and a charge in City Court, making it hard for him to gain his release.

District Attorney Lawrence Friedman objected to a reduction in bail, noting that this issue was addressed before and Spencer is facing serious charges now.

Zambito said he's already reduced the bail from $25,000 to $10,000 and wasn't aware of any change in circumstances, which would warrant another reduction in bail.

November 8, 2017 - 1:14pm
posted by Howard B. Owens in crime, batavia, news, notify.

A 28-year-old Pearl Street resident tried to convince Judge Charles Zambito to send him not to jail for a year following his conviction on fourth-degree criminal possession of a weapon, following an incident in June on Central Avenue in which Danny D. Williams pulled a knife on another person.

Williams said he did it to protect a child.

He also admitted that he's had a hard time "doing the right thing" and staying out of trouble.

"I just want to be around for my kids," Williams said. "I know I need to stop hanging out with my friends. I want to be around for my kids."

Zambito admonished Williams that even if anybody else was threatened, there's nothing in the record to indicate Williams was justified in pulling a knife.

"The proper response," Zambito said, "is to call police."

Williams was initially charged with criminal possession of a weapon in the third degree, second-degree menacing, and endangering the welfare of a child. The charges stem from an incident which occurred at 8:01 p.m. on June 9 on Central Avenue, Batavia. It is alleged that Williams pulled a knife on an individual during an altercation and that there was a child in close proximity at the time.

Zambito noted that Williams has had multiple felony arrests over the past three years, and they've all been reduced to misdemeanors. He doesn't have a good record on probation, Zambito said. 

"The probation department report indicates you will struggle with compliance," Zambito said.

He sentenced Williams to a year of lockup.

November 8, 2017 - 12:44pm
posted by Howard B. Owens in crime, batavia, elba, Pavilion, Le Roy, notify.
adamgillmug2017.jpg
      Adam Gill

Adam J. Gill, 29, of East Main Street, Batavia, is charged with DWI, two counts of burglary, and menacing, 2nd. At 1:31 a.m. Tuesday, Gill allegedly entered a residence in the Village of Elba and displayed a knife. After a brief struggle with the occupants, the intruder was disarmed and he left the residence without further incident. Gill was known to the residents. They did not sustain any injuries. Gill was located on Oak Street in Batavia and charged with DWI. He was jailed on $50,000 bail, $10,000 bond.

Lamar Iteef Randall, 32, of Walnut Place, Batavia, is charged with aggravated unlicensed operation, 1st, obstructed license plate, and unlawful possession of marijuana. Randall was stopped at 4:35 p.m. Monday on Veterans Memorial Drive by Sgt. Ron Welker.

Shaun Michael Brennan, 23, of Brookedge Drive, of Hamlin, is charged with DWI, refusal to breath test, and speeding. Brennan was stopped at 7:18 p.m. Monday on North Lake Road, Bergen, by Deputy Ryan DeLong.

Jeremy John Schraufstetter, 40, of Leroy Street, Cheektowaga, is charged with felony DWI and felony driving with a BAC of .08 or greater. Schraufstetter was stopped at 1:43 a.m. Oct. 28 on Route 20, Darien, by Investigator Chris Parker.

David S. Rigoni, 38, of Pavilion, is charged with operator impaired by drugs and moving from lane unsafely. Rigoni was stopped by State Police at 3:41 p.m. Tuesday in Le Roy.

November 7, 2017 - 8:01pm
posted by Billie Owens in crime, batavia, news.

Two vehicles had windows smashed in at a parking lot off School Street in Downtown Batavia. City police are on scene investigating.

UPDATE 9:18 p.m.: Vandals smashed in windows on two vehicles off School Street and another two vehicles off Liberty Street. A total of three purses were stolen in the crime spree.

November 6, 2017 - 9:55am
posted by Howard B. Owens in crime, Stafford, batavia, news, notify, Alabama.
hoffmanmug2017.jpg
      Paul Hoffman

Paul Robert Hoffman, 43, of South Knowlesville Road, Alabama, is charged with assault, 2nd, strangulation, 2nd, and unlawful imprisonment. Hoffman allegedly struck another person with a hammer during a fight at a location on Knowlesville Road, Alabama, at 8:30 p.m. Friday. He then reportedly choked the person to the point of unconsciousness and prevented the person from leaving. Following the incident, Hoffman allegedly called 9-1-1 requesting assistance for medical attention due to an unknown medical condition. An investigation led to the charges against Hoffman. He was jailed on $75,000 bail. The victim was treated at an area hospital for injuries sustained during the incident and released.

Frank H. McEwan, 18, of Batavia, is charged with driving while ability impaired by drugs, failure to obey a police officer, unsafe turn, unlicensed operation, drinking alcohol in a motor vehicle, depositing refuse on a public highway, obstructing governmental administration, and criminal nuisance. Cramer J. D'Andre, 18, of Batavia, is charged with unlawful possession of marijuana and open container. McEwan was stopped at 1 a.m. Oct. 21 on Keeney Road, Warsaw, by State Police for an alleged traffic violation. Troopers alleged that McEwan did not have a driver's license and was violating conditions of his parole. D'Andre was a passenger in the vehicle.

Sarah Ann Malone, 35, of Ellicott Street Road, Batavia, is charged with DWI and leaving the scene of a property damage accident. Malone is accused of driving on Verona Avenue, Batavia, at 6:04 a.m. Sunday while intoxicated. She was arrested by Arick Perkins.

Dwayne L. Sheffield, 24, of Thorpe Street, Batavia, is charged with criminal mischief, 3rd. Sheffield allegedly did more than $250 damage to property during a fight at 11:10 p.m. Tuesday. He was jailed without bail.

Randy G. Leach, 31, of Torrey Road, Stafford, is charged with aggravated unlicensed operation, 2nd, and unlicensed operation. Leach was stopped for an alleged traffic violation at 9:13 p.m. Oct. 31 on East Avenue, Batavia, by Officer Mitchell Cowen.

Jeffrey D. Anderson, 22, of Pearl Street, Batavia, is charged with endangering the welfare of a child. Anderson is accused of failing to provide adequate supervision of a child.

John J. Caez-Gonzalez, 30, of Cunningham Street, Rochester, is charged with criminal trespass. Caez-Gonzalez allegedly entered a dwelling on State Street without permission and after being advised to stay away. He was jailed on $2,500 bail.

Minnie Marie Henry, 29, no permanent address, is charged with criminal possession of a controlled substance, 7th. At 4:51 p.m., Oct. 29, police were flagged down to investigate a disturbance on State Street involving multiple individuals. During the course of the investigation, Henry was allegedly found in possession of narcotics. She was issued an appearance ticket and turned over to State Police on unrelated charges.

Jared M. Adamski, 21, of Krieger Road, Webster, is charged with criminal mischief. Adamski allegedly damaged the property of another person at a location on Bank Street, Batavia, at 6 p.m. Oct. 28. He was jailed on $1,000 bail.

Julia A. Calzaretta, of Eustis, is charged with DWI, driving with a BAC of .08 or greater, and illegal signal. Calzaretta was stopped by State Police at 7:57 p.m. Friday on West Main Street Road, Batavia.

Stephen J. Tomidy, 58, of Le Roy, is charged with unlawful possession of marijuana and inadequate plate lamp. Tomidy was stopped at 11:49 p.m. Tuesday by State Police on Route 33, Stafford.

November 3, 2017 - 3:51pm
posted by Billie Owens in Grand Jury, crime, notify, Le Roy, alexander, batavia, news.

Jeffrey L. Barr is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Oct. 13 while at 4140 Veterans Memorial Drive in the Town of Batavia that Barr intended to commit the crime of second-degree murder. Specifically, he allegedly intended to cause the death of another person by stabbing the intended murder victim multiple times with a knife. In count two, Barr is accused of first-degree assault, another Class B violent felony. It is alleged in count two that Barr intended to cause serious physical injury to another person and caused such injury by means of a deadly weapon or dangerous instrument -- a knife.

Daniel L. Green is indicted for the crime of unlawful surveillance in the second degree, a Class E felony. It is alleged that on April 25 in the Town of Le Roy that Green -- for his own sexual arousal or gratification -- did intentionally use or install an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of a person at a time when she had a reasonable expectation of privacy. He allegedly did so without the person's knowlege or consent.

Kevin L. White is accused of the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 31 in the City of Batavia that White unlawfully possessed a narcotic drug with intent to sell it. In count two, he is accused of the crime of escape in the third degree, a Class A misdemeanor, for allegedly escaping from custody on May 31 in the city.

Marcos Cacho-Velaz is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Sept. 23 in the Town of Alexander that Cacho-Velaz drove a 2006 Chrysler north on Route 98 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 23, the defendant knew or had reason to know that his driving privilege was suspended, revoked or otherwise withdrawn by authorities and he was allegedly driving under the influence for alcohol or a drug at the time. In count three, he is accused of refusing to submit to a breath test requested by Sheriff's Sgt. Jason Saile. In count four, he is accused of failure to dim headlights. He allegedly failed to dim his headlights when a vehicle with headlamps was approaching ahead from within 500 feet, so that dazzling light interfered with the driver of the approaching vehicle when no exception to dim the lights was applicable. In count five, Cacho-Velaz is accused of consuming or possessing alcohol in a motor vehicle.

November 3, 2017 - 3:17pm
posted by Billie Owens in crime, batavia, news, Grand Jury, notify.

Phillip R. Chin is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Oct. 5 in the City of Batavia that Chin knowingly and unlawfully possessed a narcotic drug with intent to sell it.

In count two, he is accused of the same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug and these had an aggregate weight of a half ounce or more.

In count three, the defendant is accused of criminally possessing drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count three that Chin knowingly possessed or sold gelatin capsules, glassine envelopes, vials, capsules or other material suitable for packaging individual quantities of narcotic drugs or stimulants. Furthermore, it was allegedly known that these were intended to be used for unlawfully manufacturing, packaging or dispensing a narcotic drug or stimulant.

In count four, the defendant is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count four that Chin knowingly possessed scales or balances used or designed for the purpose of weighing or measuring controlled substances and these were intended to be used for unlawfully manufacturing, packaging or dispensing a narcotic drug or stimulant.

In count five, Chin is accused of second-degree forgery, a Class D felony. It is alleged in count five, that on Oct. 5 in the Town of Batavia, that Chin -- with the intent to defraud, deceive or injure another -- falsely made, completed or altered a written instrument. This instrument was purported to be a public record required or authorized by law: a two-page written statement given to an investigator with the New York State Police in the name of another person.

In count six, Chin is accused of second-degree forgery, also a Class D felony. It is alleged in count six that on Oct. 5 in the City of Batavia that Chin -- with the intent to defraud, deceive or injure another -- falsely made, completed or altered a written instrument. This instrument was purported to be a public record required or authorized by law: a Genesee County Jail booking card.

In counts seven through 17, Chin is accused of second-degree forgery, all Class D felonies, for his allegedly fraudulent completion of various Genesee County Jail paperwork.

In count 18, he is accused of offering a false instrument for filing in the first degree, a Class E felony, for providing a two-page written statement to an investigator with the New York State Police which contained false information.

In counts 19 through 30, this man is accused of offering false instruments for filing in the first degree, more Class E felonies, for putting false information in all of the allegedly forged paperwork.

(If you're counting, that's two misdemeanors and 28 felonies.)

November 3, 2017 - 2:05pm
posted by Howard B. Owens in crime, batavia, news.

Police have finally been able to interview the man who had some sort of liquid sprayed or splashed on him the night of Oct. 24 in a parking lot off East Main Street by three youngsters on bicycles, said Det. Eric Hill.

The man was not injured.

Hill said police still don't know what the liquid was. The initial dispatch said the victim had gasoline sprayed on him, but Hill said the officers who responded reported no odor of gas or any other substance.

Police would still like to talk with the youths, Hill said, and are trying to locate them.

Previously: Police investigating report of man sprayed with fluid in Downtown parking lot a week ago

November 1, 2017 - 12:32pm
posted by Howard B. Owens in corfu, crime, news, notify.

corfuk9oct2017.jpg

Given the expense of buying and training police K9s, you wouldn't expect a small village like Corfu to have a K9 officer, let alone a handler with two dogs. In fact, just a couple of years ago, Corfu residents wondered if they would even keep their police force.

But a loss for one village is a gain for another.

Officer Anthony Bartucca, with 27 years experience in law enforcement and K9s "Rocco" and "King" by his side, became available to Corfu after the Village of Lyons dissolved and shut down its police department.

"We're very blessed that this situation came up," said Mayor Biggs Johnson. "It’s not a situation where we had to go out and purchase a K-9 or pay for the training. He’s already got certifications. We just have to maintain the training."

Rocco is an advanced drug-detection dog who can also perform tracking and trailing duties. King sniffs out explosives and weapons.

"Rocco will sniff out all drugs known to man, including pharmaceutical drugs, which you know is now more prevalent than street drugs," Bartucca said.

The K9 team joined the 14-officer police force five weeks ago; all are part time.

Rocco, 6 1/2 years old, is a Belgian Malinois and German shepard mix, and 2-year-old King is purebred German shepard.

Johnson thinks the team will have a region-wide impact, given Corfu's nexus at major traffic arteries -- Route 77 and Route 33. Johnson said he's concerned both about drugs and human trafficking passing through the area.

"I know we’re a small village, but because of where we are, where we’re located in close proximity to the Thruway, I think we can do quite a bit to help curb a lot of that activity," Johnson said.

Rocco was a big hit at Corfu's Halloween party last night. He was super friendly, eager to meet every person that came his way.

"He’s a big lovey until I tell him not to be," Bartucca said.

corfuk9oct2017-2.jpg

corfuk9oct2017-3.jpg

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corfuk9oct2017-5.jpg

The Village of Corfu PD has a new motto: "Serving with Honor, Integrity & Pride; Protecting with Courage." Officer Cameron Leight on the left.

October 31, 2017 - 9:54pm
posted by Howard B. Owens in crime, batavia, news, notify.

A week ago, a man walking to his car in a parking lot off of East Main Street, was either splashed or sprayed with some sort of fluid by three youths riding BMX-style bicycles.

Police are investigating but have little information to share at this time.

Police were dispatched to the parking lot the night of Oct. 24 to investigate a report that a man had been sprayed with gasoline.

At Monday night's City Council meeting, during public comments, Bill Blackshear, while talking about the city's need to address some youthful misbehavior and find ways to bring the community together, referenced the incident and said the victim suffered second-degree burns.

Det. Eric Hill, Batavia PD, couldn't confirm whether the man was injured or what sort of fluid might have been involved.

"We are having difficulties getting in touch with the victim," Hill said. "That is the information we are trying to find out also."

There is another video obtained by The Batavian related to the incident that shows the youths involved more clearly so its possible the police could have identified them, but Hill said he wouldn't discuss that aspect of the case since it is an ongoing investigation (the youths appear to be under 16 years of age, so since this case is likely to be referred to Family Court if there are charges, and since there have been no charges, The Batavian has chosen not to publish that video clip at this time).

Anybody with information that may assist in the investigation may call Batavia PD at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370.

October 31, 2017 - 6:16pm
posted by Billie Owens in crime, news, batavia, Alabama, pembroke, notify.

A 39-year-old former Alabama resident pled guilty to one felony and one misdemeanor this afternoon in Genesee County Court in connection with complaints about construction work paid for but not completed.

Dana Ryan, who used to live on Galloway Road but now lives on Pratt Road in Batavia, was originally charged with one count of fourth degree grand larceny in the Town of Batavia, and one in the Town of Pembroke; a misdemeanor charge of misappropriation of property is pending in Town of Batavia Court.

Under the terms agreed to today, he waived the specter of a grand jury indictment and pled guilty to a single count of grand larceny, 4th, and the pending misdemeanor property misappropriation charge.

The charges against Ryan, who completed the 11th grade, were brought in July after an investigation by the Genesee County Sheriff's Office following a complaint in Batavia and another in Pembroke. The victims told Investigator J.M. Graff, who was assisted by Deputy K.M. McCarthy, that they made payments to Ryan pursuant to construction contracts for work agreed upon but not completed.

They claimed payments made to Ryan for home-improvement contracts were not allocated into a proper account and the funds were used by the defendant for purposes other than the agreed upon work.

The Batavia native with close-cropped blond hair and a thin build, wore a black hoodie advertising a tree service company and gray jeans to court. Judge Charles Zambito asked Ryan if between Sept. 18, 2016 and May 15 he stole property in excess of $1,000 and Ryan said "Yes."

He faces maximum jail time of one-and-a-third to four years and agreed to pay total restitution of just under an estimated $9,000 to two victims -- one male and one female, who are under temporary orders of protection from Ryan until Oct. 31, 2018.

Zambito told Ryan that if he does not follow the rules, or make court appearances, or is uncooperative with the Probation Department, then he will be in trouble. Ryan can't get arrested or violate any conditions he is required to abide by, otherwise the terms of sentencing under the plea agreement are null and void; although the guilty plea would remain, the judge could impose a harsher sentence.

Genesee Justice has already notified the judge of some violations, one on Oct. 17 and another one before that, plus three assessment appointments were missed at Horizon Health Services.

Public Defender Jerry Ader told Zambito that the issue with Horizon was they had the incorrect client phone number, but that has been corrected and Ryan has an appointment with them on Monday.

"If I get one more notice I will revoke your supervision (under Genesee Justice pending sentencing) and you will go to jail (now)."

Ryan said he understood.

Sentencing is set for 2:30 p.m. on Wednesday, Jan. 3.

October 31, 2017 - 4:53pm
posted by Billie Owens in crime, news, batavia.

Batavia resident Laurie J. Lerkins (inset photo), jailed on drug charges, was in Genesee County Court for a bail hearing this afternoon.

The 40-year-old, who lives on Harvester Avenue, is accused of selling cocaine to an agent of the Local Drug Task Force within the past eight months. She is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Both are Class B felonies.

The District Attorney's Office sought bail of $25,000 to $50,000. Assistant DA Kevin Finnell told Judge Charles Zambito that Lerkins was "a significant flight risk."

The prosecution reminded the court that she was accused of the same charge of selling drugs 14 years ago. Finnell noted that the defendant scored only one point on her evaluation by the supervisory agency Genesee Justice, which the judge considers in making bail decisions.

Public defender Lisa M. Kroemer said her client would not be able to post bail and has only two relatives here, a brother Lerkin chooses not to communicate with, and a son.

Finnell argued that her ability to post bail was not relevant, nor was the fact that she has a small family.

The defendant's attorney relayed her client's vehement claim that she has always complied with court requirements and has always made mandatory court appearances and plans to continue doing so.

After a brief private discussion with attorneys for both sides, Zambito set Lerkins bail at $5,000 cash amd $10,000 bond.

The judge noted that Lerkins was not in a treatment program for substance abuse, which was a reason she did not score higher in the Genesee Justice report. Lerkin's attorney said her client has expressed a willingness to undergo treatment.

October 31, 2017 - 1:18pm
posted by Howard B. Owens in crime, byron, news, notify.

A 33-year-old man from Hilton accused of illegally possessing a semiautomatic .223-caliber rifle and large capacity magazine in violation of New York State law while in Byron in March entered a guilty plea this morning to a single felony count of criminal possession of a weapon, 3rd.

Under terms of the plea deal, if Charles S. Ganoung IV, avoids criminal legal trouble for the next year while on probation, his plea can be reduced to a misdemeanor, criminal possession of a weapon, 4th.

He would then serve two more years on probation.

Deputies arrested Ganoung March 25 while in the course of an unrelated investigation when Ganoung was found with rifle, which deputies said was unregistered and equipped with a telescoping stock, pistol grip, detachable high-capacity magazine, loaded with 28 live rounds, flash suppressor/muzzle break and a bayonet mount. 

The Army veteran admitted to the second count of the indictment, the one dealing with the large capacity magazine, in Genesee County Court this morning but made no other statements.

Sentencing is scheduled for Jan. 24.

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