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Suspect in series of residential burglaries faces at least one charge

By Howard B. Owens

A suspect in a series of burglaries in Le Roy and Batavia who was taken into custody during an alleged break-in a week ago has been charged with one count of burglary.

Russell P. Cessna, 24, of 18 Pleasant St., Le Roy, was arrested after being allegedly caught in the act on Summit Street, Batavia.

Investigators say Cessna made forcible entry into the residence and stole jewelry, cash and coins.

Following a series of similar burglaries in Le Roy, Batavia and other parts of Genesee County, the Le Roy PD, Batavia PD and Sheriff's Office cooperated on an investigation and set up a surveillance detail, which led to Cessna's arrest.

Cessna was taken into custody and held in jail on a warrant for alleged violation of parole.

Additional burglary charges are pending. He will be arraigned in Batavia City Court at 1 p.m., Tuesday.

Law and Order: Batavia man allegedly violated order of protection

By Billie Owens

Brad C. Doward, of 10 Hall St., Batavia, is charged with criminal contempt in the first degree, endangering the welfare of a child, and harassment, 2nd. The 22-year-old was involved in a domestic incident Aug. 3 on Prune Street wherein he allegedly pushed a female acquaintance in the presence of a 10-year-old child. There's an order of protection in place directing the defendant to refrain himself from harassment against this female. He turned himself into the Batavia PD on Aug. 5, was arraigned and put in jail without bail pending his court appearance today at 1:30 p.m. The investigating officers were Frank Klimjack and Jason Ivison.

Oakfield resident looking for help in locating stolen scooter

By Howard B. Owens

If you see anybody with a scooter that looks like this, Oakfield resident Lois Sutton is hoping you will contact the Sheriff's Office.

Sutton said this morning somebody stole her from Motofino scooter from her back yard. She thinks the look of the scooter is unique enough, and there are no local dealers, that it will stand out.

The Sheriff's Office can be contacted at 585-345-3000.

Woman who admitted to welfare fraud must repay $11K

By Howard B. Owens

A Maple Street resident who admitted to welfare fraud will serve five years probation and must repay $11,341.18 after being sentenced in Genesee County Court.

Kerry Ackley, 39, admitted in May to a felony count of attempted grand larceny, 3rd.

She received benefits after failing to report her receipt of worker's compensation. She was originally charged with four counts of offering a false instrument for filing and the grand larceny charge.

Ackley is also barred from receiving food stamps.

Man admits in federal court to robbing Batavia bank in 2007

By Howard B. Owens

A man who robbed a bank in Batavia in November 2007 entered a guilty plea in federal court on Friday, admitting to a total of five bank robberies in Western New York and Pennsylvania.

Michael Makolinski, 31, of Buffalo, faces up to 25 years in jail, a $1 million fine or both after pleading guilty to bank robbery.

“In his greed to steal the money of others, this serial bank robber thought he could prey upon banks located is some of our smaller communities, as well as in Buffalo,” said U.S. Attorney William Hochul. “As today’s convictions prove, the defendant’s belief was wrong.”

Besides the robbery of the Bank of America branch in Batavia, Makolinski, who appeared to display a gun in each robbery, hit banks in Erie, Pa., Irondequoit, Lewiston and Buffalo.

All of the robberies occurred between October 2007 and December 2007.

Sentencing is set for Nov. 13.

Pavilion resident accused of possessing mushrooms and marijuana

By Howard B. Owens

During the execution of a search warrant Tuesday at a residence on Junction Road, Pavilion, investigators allegedly found a quantity of psilocybin mushrooms, a quantity of mushrooms and some drug paraphernalia.

The resident, Richard T. Bairton, 52, was charged with criminal possession of a controlled substance in the 5th degree.

The execution of the search warrant was handled by uniformed members of the Sheriff's Office and assisted by the Local Drug Enforcement Task Force.

Bairton was jailed on $25,000 bail.

Attica duo accused of possessing loaded, sawed-off shotgun in Pembroke

By Howard B. Owens

Deputies investigating suspicious activity last night reportedly found a pair of Attica men in possession of a loaded, sawed-off shotgun at a residence in Pembroke.

Both men reportedly have prior criminal convictions.

Charged with criminal possession of a weapon were Benjamin Lambert, 36, and Kayla Tyoe, 23.

Lambert and Tyoe were jailed pending further proceedings.

Deputies pursuing driver who won't stop

By Billie Owens

A motorist is failing to stop for law enforcement, which has been trying to get him to pull over for several miles on different roadways. The speed is slow. He's northbound on Swamp Road. The car the guy's driving has a stolen plate.

UPDATE 1:12 p.m.: The older-model Ford truck has a red and silver tailgate. The driver is a white male with a baseball cap worn backward. There's no front license plate and one of the front tires "looks like it's gonna blow." Monroe County authorities have been notified.

UPDATE 1:16 p.m.: Now the pursuit is eastbound on Reed Road. State Troopers are also responding.

UPDATE 1:17 p.m.: The truck drove onto a laneway east of Root Road and the subject is now in custody.

Slipknot/Slayer show at Darien Lake draws 21 arrests or citations

By Howard B. Owens

The following people were arrested Wednesday by the Sheriff’s Department during the WEDG Slipknot/Slayer concert at Darien Lake Performing Arts Center.

David A. Staley, 49, of Shumway Street, Buffalo, is charged with disorderly conduct after allegedly engaging in a fight in the parking lot.

Steven J. Pavone, 27, of West Squire Drive, Rochester, is charged with disorderly conduct after allegedly engaging in a fight in the parking lot.

Richard W. Lee, 23, of North Park Drive, Rochester, is charged with trespass after allegedly climbing a light pole inside the concert venue.

Peter Z. Torok, 51, of Salmon Creek Road, Brockport, is charged with DWI and driving with more than .08 BAC after allegedly driving in the parking lot intoxicated.

The following people were charged with unlawful possession of marijuana:

Jacob C. Berg, 21, of West Morris Street, Bath
Leanne P. Maniscallo, 30, of Point Breeze Street, Angola
Timothy M. Schultz, 31, of Angola Place, Angola
Michael D. Pilger, 40, of Caleb Avenue, Syracuse
Douglas W. Teed II, 30, of Cronk Road, Montour Falls
Gregory M. Crites, 31, of Mitchell Place, Lackawana
Richard A. Bieger, 27, of Longnecker Street, Buffalo

The following people were issued citations for alleged consumtion/possession of alcohol under age 21.

David Z. Custard-Jarosz, 19, of Hopkins Street, South Buffalo (two citations)
Jacob M. Parisi, 19, of Westmar Drive, Rochester
Amanda M. Scheiber, 19, of River Road, Niagara Falls
Timothy M. Zambito, 19, of Ward Road, Sanborn
Chelsea E. Printup, 17, of Poodry Road, Alabama
Joseph M. Nappo, 20, of East Center Road, West Seneca
Ryan J. McMahon, 19, of Towers Blvd. Cheektowaga
John M. Tredd, 20, of Pine Ridge Road, Busti
Chanda L. Germain, 19, of Prospect Street, Portage, Pa.
Tara L. Castle, 19, of Chapin Street, Seneca Falls

Regarding the lower number of underage drinking citations, Deputy Chief Gordon Dibble said Slipknot and Slayer draw a slightly older crowd than say, Toby Keith.

"We still went out looking for violations, we just didn't find too many," Dibble said.

Dibble didn't have the exact attendance figures, but the projected attendance (which the Sheriff's Office uses to guage the size of its enforcement and traffic detail) was 6,500.

Sometimes a weed is just a weed, really

By Billie Owens

A landowner contacted the Sheriff's Office and tipped them that there was a pot crop growing on another property. The caller was told this morning that law enforcement had a helicopter fly over the property to search for the marijuana and none was found.

The insistant tipster called back a few minutes ago, apparently to double-check on the status of the matter. An officer contacted the one who spoke with the caller earlier today and asked what to tell this guy.

The officer, sounding slightly annoyed, said "Like I told him this morning, we had a helicopter fly over the property and saw the plants and they weren't marijuana."

In other words, "There's NO POT growing on your neighbor's land."

Maybe they really are just weeds.

Law and Order: Batavia man accused of resisting arrest, threatening officers

By Howard B. Owens

Stephen A. Lewis, 32, of 130 W. Main St., Apt. A, Batavia, is charged with disorderly conduct, resisting arrest and harassment, 2nd. Lewis was arrested following a report at 3:45 p.m., Friday, of two men arguing, with one of them possibly carrying a baseball bat, at East Main and Summit streets. According to Batavia PD, when a patrol officer attempted to interview Lewis, Lewis became irate and yelled obscenities. He continued, according to police, even after being warned to stop yelling and clean up his language. Lewis was placed under arrest and charged with disorderly conduct. Lewis struggled with officers. Once taken into custody by officers Eric Hill and Kevin DeFelice, Lewis was arraigned at city court and jailed on $1,000 bail. On the way to jail, Lewis allegedly threatened to kill Batavia PD officers, leading to the harassment, 2nd, charge. (Initial Report)

George M. Hodges, 22, of 9 Pringle Ave., lower, Batavia, is charged with disorderly conduct. Batavia PD officers responded to 9 Pringle Ave. at 11:46 p.m., Saturday, to investigate the report of a property dispute. While Officer Frank Klimjack was on scene, Hodges was allegedly irate and yelled obscenities. Klimjack reportedly warned Hodges to calm down, but Hodges allegedly continued yelling obscenities.

Brodes J. Gibson, 51, of 13 Thorpe St., Batavia, is charged with two counts of petit larceny. Gibson is accused of entering the Kwik Fill at 99 Jackson St. on two occasions and stealing two 18 packs of beer.

Joel S. Shelhorse, 24, of 23 West Ave., Elba, is charged with DWI, consumption of alcohol in a motor vehicle, operating in violation of a restricted use license, aggravated unlicensed operation and opening a vehicle door interfering with traffic. Shelhorse was taken into custody following a report at 8:46 a.m., Sunday, of a male and female arguing on South Main Street.

David A. Kendall, 40, of 215 Bank St., Batavia, is charged with trespass. Kendall is accused of entering a neighbor's property at 4:45 p.m., July 21, without permission.

David M. Smith, 26, of Pavilion, is charged with criminal possession of a weapon, 4th. Smith was arrested by State Police following an incident reported at 10:20 p.m., Sunday, in Darien. No further details released.

Five people arrested following midnight fight on State Street, Batavia

By Howard B. Owens

It took nearly an hour for Batavia PD to bring order back to State Street last night after a fight was reported at 11:55 p.m. involving 20 to 30 people near Lewis Place.

Five people were taken into custody.

After the initial call at 11:55 p.m., at least two other fights broke out while law enforcement was on scene.

Arrested were:

  • Jerry T. Saddler Jr., 36, of 112 State St., Batavia, charged with disorderly conduct and resisting arrest.
  • Latoya D. Jackson, 26, of 112 State St., Batavia, charged with obstructing governmental administration and resisting arrest.
  • Willie F. Irvin II, 30, of 17 Elm St., Batavia, charged with disorderly conduct.
  • Samantha G. Reed, 25, of 6 Lewis Place, Batavia, charged with disorderly conduct.
  • J.W. Hardy III, 25, of 265 E. State St., Apt. B, Albion, charged with disorderly conduct.

Bail for Saddler was set at $2,500 and Jackson was jailed on $1,000 bail. The other suspects were released on appearance tickets.

Officers responding from Batavia PD were Lt. Greg Steele, Sgt. Dan Coffey and officers Frank Klimjack and Eric Bolles. Deputies and troopers assisted at the scene.

Police ID suspect in burglaries and nab him at the scene of another alleged break-in

By Howard B. Owens

A suspect in a series of burglaries in Le Roy, Batavia and other parts of the county was taken into custody this morning after he allegedly broke into a home on Summit Street while being monitored by detectives.

Chief Deputy Jerome Brewster said the suspect was identified thanks to alert citizens in the City of Batavia and detectives began to monitor the man's activities.

The name of the suspect, who is being questioned at Batavia PD headquarters, has not been released, but Brewster said he is on parole and had allegedly been out of contact with his parole officer.

After a couple of burglaries in Le Roy where a person entered homes during the day and stole jewelry and other small items such as coins, there were a couple of similar burglaries elsewhere in the county, and then similar burglaries in the City of Batavia.

"This is a suspect in those crimes and I’m fairly confident that we have him," Brewster said. "I think you’re going to see a sudden end to those (types of) crimes being reported."

Detectives from Le Roy, Batavia and the Sheriff's Office cooperated in the investigation.

"This would not have been possible without the cooperation of all agencies," Brewster said.

The suspect's truck was impounded and will be searched once a search warrant is secured.

His name and the charges against him will be released following his arraignment in the proper court or courts of jurisdiction.

Whether case against Simmons goes forward will depend on judge's ruling

By Howard B. Owens

In a week or two, attorneys in the Jacquetta Simmons case will find out from Judge Robert C. Noonan whether two felony counts against the 26-year-old Batavia woman will stand.

Simmons is accused of punching a 70-year-old Walmart employee on Christmas Eve.

A grand jury indicted Simmons on felony counts of assault in the second degree, for allegedly hitting the victim with intent to cause serious injury, and a second count of assault, 2nd, charging Simmons with hiitting a person more than 10 years older who is also 65 years old or older.

A hearing today was scheduled for Noonan to consider the constitutionality of the so-called "elder abuse" law, but Noonan also asked the defense and prosecution to address whether sufficient evidence was presented to the grand jury to support count one of the indictment, the basic second-degree assault charge.

On the assult charge, attorney Ann Nichols argued that there is no evidence presented to the grand jury that Simmons intended to cause serious or permanent injury to the victim, Grace Suozzi, nor that Suozzi suffered such an injury.

"In the grand jury minutes, Ms. Suozzi does not say she was punched," Nichols said. "She says she was hit. She doesn't say she was punched until after Mr. (District Attorney Lawrence) Friedman uses the word punched in a question. I don’t see intent to cause serious physical injury being reliant on one punch, if it was in fact a punch, and Ms. Suozzi said herself it was just a hit."

There's no doubt, argued Melissa Cianfrini, assistant district attorney, that the "roundhouse" swing by Simmons was a punch.

Cianfrini described a surveillance video which she said depicted Simmons bracing her leg, winding up and taking a full swing at the victim.

"The punch was so powerful that it knocked her off her feet," Cianfrini said.

Simmons's intent was also clear from statements the defendent allegedly made before and after the alleged assault.

According to Cianfrini, Simmons last statement before allegedly hitting Suozzi was, "I'm not showing the fucking white bitch the receipt."

After the confrontation, with her male companion dragging her away, Simmons allegedly told another witness "you going to get it, too."

Cianfrini said, "That’s not a statement of someone who is acting in self defense. It’s not the statement of someone who regrets what she did. It’s the statement of somebody who knows fully what she did."

Outside of court, Nichols said the defense clearly has a different interpretation of events than Cianfrini and that she believes a jury will be able to fairly weigh the facts, even if the case appears racially charged.

"We have the video," Nichols said. "You can see the video for yourself. It’s more an interpretation. Unfortunately there’s no sound, but we can all kind of see on our own and infer what it depicts."

Nichols added, "I don’t’ really it (see race being a factor with the jury). Once anyone sees the video, white, black, Asian, whatever, you’re going to get an interpretation leaving race out of it."

On the issue of whether count two of the indictment, the elder abuse law, is constitutional, Nichols argued that the way the statute is written would require a defendent to know the victim's age at the time of the assault. 

"I argue there's no way Ms. Simmons could have known, based on how the law is drafted, that this is a strict liability crime and the fact the legislature chose to draft it so poorly is a violation of the due process of this defendant and other defendents," Nichols said.

Cianfrini noted that another court -- though the decision is not binding on this court -- has already ruled the law is constitutional on the same grounds, but added that the court should not just look to the letter of the law, but the legislative intent. Cianfrini said legislative notes and history clearly indicates the legislature meant the law to apply any time a person more than 10 years younger hits a victim 65 years or older.

Noonan did not give a specific time when his written decision will be issued.

Simmons will go to trial Aug. 20. She turned down a plea offer that would have given Noonan the option of sentencing her to prison time up to three-and-a-half years in prison. If convicted at trial, Simmons could be sentenced up to eight years in prison.

Officials see connection between 225 underage drinking citations and relatively quite Toby Keith concert

By Howard B. Owens

Toby Keith may like girls who drink beer, but when they come to his concerts at Darien Lake, those drinking beer better be at least 21 years old.

Last night a total of 225 young people found that out when they were issued citations in a joint effort involving the Sheriff's Office, State Police and Darien Lake security to crack down on underage drinking at the concert venue.

A checkpoint was set up earlier in the afternoon at the entrance to the park and at least a half dozen troopers were involved in issuing nearly 80 citations by 6 p.m.

The aggressive early enforcement, officials believe, contributed to quieter night with fewer arrests for rowdy behavior than is typical for a major country star's show at Darien Lake.

"What you’re seeing tonight is just a little more creative effort into ways to better to enforce (underage drinking)," said Bob Montgomery, general manager for the theme park. "We’ve worked hard this year and I think our arrests have almost doubled from what they were last year when they increased from whatever they’ve been in the past."

Throughout the evening, deputies talked about how fewer disruptive incidents they were being reported, almost with a level of amazement.

The show, after all, was Toby Keith, whose concert in 2011 had eight people arrested for alleged disruptive behavior.

On Sunday, only four people were taken into custody for what could be described as disruptive behavior.

Typically, as concertgoers try to exit the facility after a big country concert, police radio traffic is filled with hectic chatter of reports of fights in the parking lot, but last night only one "head-butting" incident was reported.

Sgt. Thomas Sanfratello, who usually heads up the concert law enforcement detail, thinks curbing underage drinking helped the situation.

"I think it's a direct reflection on the ABCs (citations)," Sanfratello said.

During the 2011 season, law enforcement issued 526 citations for alleged underage drinking.

Coming into Sunday's show, there had already been 353 citations issued. Add in Sunday's ticket writing and it brings the year's total to 578. 

The 2012 season is only half over.

As underage drinkers were found, if they had alcohol, they had to dump it out or dispose of it, including those stopped at the checkpiont.

One officer said he came across a group of young people in the parking lot minutes after they arrived. The group had to dump out several six-packs of beer and an unopened bottle of gin.

As a result of the enforcement effort, an official said that fewer people than usual were refused entrance to the concert for being overly intoxicated.

"We’re really pleased with what we’ve seen tonight," Montgomery said. "It’s definitely made a difference tonight by being preemptive, and by putting the fence up it will work only that much better."

The chainlink fence will stretch along a large portion of the Darien Lake property on Sumner Road blocking access to the concert venue for anyone who tries to walk in from a private lot.

For years, residents along Sumner Road have let people park in their yards and pastures for a fee.

On Aug. 24, Darien Lake will close pedestrian access to the venue from Sumner Road.

Of course, concertgoers will still be able to park in the private lots, if residents continue to allow it, but they will be required to either drive into the venue or walk around to the main entrance on Alleghany Road.

"We're very interested in creating a safe environment for all guests," said Gerald Rakestraw, VP of development for Darien Lake's owner, Herschend Family Entertainment. "Securing the park's perimeter is key because of the pedestrian issues and access for emergency vehicles."

Rakestraw has been working closely with Montgomery and his staff to come up with a plan to improve concertgoer safety and enjoyment, he said.

While some property owners had signs up Sunday indicating they will shut down their parking operations Aug. 24, others may continue to try and lure concert goers to their lots.

There has been some talk of lots offering shuttles to the front entrance, but Montgomery said Darien Lake won't allow drop-offs from such shuttles.

"A shuttle in also means a shuttle out, and that’s just not feasible," Montgomery said. "So we’re not going to encourage that kind of operation because it really doesn’t work."

Officials plan to do their best to educate the public prior to Aug. 24 about the changes and there will be conspicuous signage for anybody going to private lots that pedestrian access to the park from Sumner Road is not allowed, Montgomery said.

"They'll find when they get here that they can't access the PAC area," Montgomery said. "Certainly they (concertgoers) are welcome to do park there,  but they’ll find they won’t be able to walk down (to the concert)."

Getting traffic moving out of the parking lot swiftly is a key strategy to cutting down on altercations in the parking lot, officials said. When there's gridlock, tempers flare. On Sunday, the parking lot was cleared of nearly all cars by 1 a.m., about an hour ahead of the typical time for a concert attended by more than 16,000 people.

With all the emphasis on underage drinking Sunday, Sanfratello, along with other members of law enforcement, said he could see a big difference in the parking lots both prior and after the show. There were fewer masses of young people gathered around big piles of empty beer cans. There was less unruly behavior and after the show. There was a lot less trash dumped on the ground.

The security trailer where suspects are booked prior to to arraignment in Darien Town Court was a pretty quiet room for most of Sunday night.

One person was brought in and had to be placed in a restraint chair as he appeared to fight with deputies while laughing and bragging of his strength.

Two other young women were booked for allegedly giving false information about themselves while being cited for alleged underage drinking.

Rachel A. Johnson, 19, of Linwood Road, Le Roy, allegedly gave Sanfratello the names of a friend and of her sister before Sanfratello acquired her real name.

She was charged with two counts of criminal impersonation, 2nd.

At one point he asked her, "Was it worth the $1,000 fine instead of a $50 ticket?"

Then there was the case of a 16-year-old from Canada who was cited for alleged underage drinking. He was stopped on Employee Road and as he was being written up he started to freak out just a little bit, sure the citation meant the end of all of his hopes and dreams.

"You don't understand," he said. "I'm from Canada. It's not like the United States. I was going into the army. They won't take me now."

Because of his age, a deputy spoke to his mother and got permission for him to be released to the custody of his older girlfriend.

Only minutes later, the youth returned. He said he didn't know what to do. A deputy told him to go enjoy the concert, but he couldn't because his girlfriend had just broken up with him and went into the show without him.

The youth had to wait in the security area until 10 p.m. when his father arrived from Canada to pick him up and take him home.

While a Buffalo News reporter was at the show Sunday, officials hope more Rochester and Buffalo media pick up the story of increased law enforcement pressure to curb underage and problem drinking at shows. They also hope stories such as this get passed around on Twitter and Facebook.

The message officials hope sinks in for the public isn't that you can come to Darien Lake, have a good time and even drink a little. It's just that if you're under 21, you shouldn't drink at all, and if you're of age, drink responsibly.

"We want people to com and have a great time here," Montgomery said. "Our issue is when that good time starts to go a little overboard and disturb the quiet enjoyment of the other people at the show."

The Sheriff's Office press release of arrests and citations along with more pictures from Sunday are after the jump (click on the headline to read more):

A group of young ladies enjoying an apparent bachorlette party in the parking lot prior to the show.

A popular game in the parking lot prior to a concert is "Kan Jam," which is sort of a Frisbee version of horseshoes.

A suspect struggles with deputies while being placed into a restraint chair.

At about 8 p.m., the stack of paperwork for citations and arrests.

During "the dump," when most concertgoers leave, Employee Road is blocked by pedestrians heading toward the private lots, and cars stream out of the private lots tying up traffic on Sumner Road. Officials hope the new fence is put into operation Aug. 24, it will help keep Employee Road open and Sumner Road safer and with better traffic flow.

A Toby Keith fan who also had a good time in the theme park.

Fans who wanted their picture on The Batavian. It's a little out of focus, but the gentleman recently returned from a deployment in Afghanistan and is home on leave.

More fans who asked to get their picture on The Batavian.

For after-show entertainment, just stand along Employee Road and watch people try to cross the drainage ditch. The mud sucks people right in. Regular observers figure if anybody ever digs out the ditch they will find hundreds of thousands shoes, sandals and flip-flops lost their over the years.

Sheriff's Office press release:

Sean A. Kota, 19, of Byron-Holley Road, Byron, is charged with disorderly conduct and possession of alcohol under 21 after allegedly causing a disturbance on Employee Road and being found in possession of alcohol being under age 21. Kota was arraigned and jailed on $250 bail.

Curtis P. A. Kelly, 21, of Hennepin Circle, Niagara Falls, Ontario, Canada, is charged with trespass and resisting arrest after allegedly reentering the concert venue after being ejected and told not to return and then physically resisting arrest. Kelly was arraigned and jailed on $1,000 bail.

Megan E. Heywood, 19, of Genesee Street, Le Roy, is charged with false personation, disorderly conduct and possession of alcohol under 21 after allegedly giving a false age and blocking vehicular traffic on Employee Road. Heywood was also allegedly found in possession of alcohol under age 21. Heywood was arraigned and jailed on $200 bail.

Rachel A. Johnson, 19, of Linwood Road, Le Roy, is charged with two counts of criminal impersonation, 2nd, and possession of alcohol under age 21 after allegedly giving two different names when asked to correctly identify herself. Johnson was also allegedly found in possession of alcohol under age 21.

Adam J. Cole, 24, of Alpine Knoll, Fairport, is charged with unlawful possession of marijuana by State Police.

James J.  Drzewiecki Jr., 19, of Roycroft Parkway, Elma, is charged with unlawful possession of marijuana and possession of alcohol under age 21.

Ashley Brant-Hunter, 17, of Chapman Parkway, Hamburg
Rachel D. Anderson, 17, of Drayton Parkway, Hamburg
Alexandria A. Schultz, 18, of Sundance Trail, Lakeview
Houston D. Draper, 19, of Woodside Court, Holley
Chelsea L. Solina, 19, of Eastwood Street, Buffalo
Mason A. Pritchard, 18, of Huff Road, Hemlock
Emily R. Schwegzler, 17, of Federal Road, Livonia
Bianca R. Lowrey, 19, of Collamer Road, Hilton
Patrick Palyer, 19, of Cayuga
Jessica A. Wilkes, 17, of Parker Street, Auburn
Laura M. Tuffo, 19, of Cooper Drive, Hilton
Taylor M. Balbierz, 17, of Amsdell Road, Hamburg
Emilia Vibloum, 19, of South Abbott Road, Orchard Park
Joshua E. Escobar, 19, of Woodside Court, Holley
Adrianna R Ricci, 18, of Holleybrook Road, Brockport
William E. Szelazkewicz, 19, of Stahley Road, East Amherst
Megan L. Haberer, 19, of Webster Road, Orchard Park
Michelle A. Hahn, 19, of Lapp Road, Alden
Megan M. Tomasello, 19, of Ransom Road, Lancaster
Ellen M. Meyersage, 20, of Andover Lane, Williamsville
Jenessa N. Lucey, 20, of Sandhurst Lane, Williamsville
Danielle M. Giamcarlo, 19, of North Autumn, Williamsville
Jacquelyn M. Murrer, 20, of Kingsview Court, Williamsville
Patrick M. Wannamaker, 19, of Frankin Street, Williamsville
Maxwell G. Kahn, 19, of Chicory Lane, East Amherst
Mitchell S. Kyser, 20, of East Main Street, Westfield
Gregory F. Dimock, 20, of Hunter Lane, Williamsville
Bradley J. Moancelli, 19, of Bowers Road, Casadaga
William P. Barber, 20, of Elm Street, Westfield
Michael J. Mercurid, 17, of Creekview Drive, Hamberg
Travis T. Scida, 20, of Powers Avenue, Johansonburg, Pa.
Alexander N. Kotrider, 19, of West Master Drive, East Amherst
Angelo J. Caruso, 18, of Ashford Court, East Amherst
Ashley M. James, 19, of Armison Road, Filmore
Matthew M. Lates, 19, of County Road #27, Portageville
Jessica E. Smith, 19, of Bernard Street, Filmore
Cody J. VanBuskirk, 20, of Wiskey Mills, Filmore
Anna K. Rauber, 18, of County Road #46, Dansville
Hailey M. Sick, 18, of Franklin Street, Dansville
Alexander C. Cerbini, 20, of Whittier Road, Brockport
David F. Lyons, 17, of Barker-Schoolhouse Road, Hamlin
Alexa A. Banaszak, 17, of Newberry Lane, Lancaster
Kyle G. McCarthy, 20, of Gordon Avenue, Lancaster
Peter G. Wallace, 19, of County Road #36, Wayland
Mandy L. Oakes, 17, of West Lake Road, Geneseo
Jessica Mancini, 20, of Rutgers Road, Andover, Md.
Lauren E. Piluso, 19, of Helendeler Road, Rochester
Erinn S. Hopkins, 19, of Cohocton
Tyler A. Barber, 18, of Weinhart Street, Wayland
Joseph L. Meyer III, 18, of Ward Road, Wayland
Cody J. Lang, 18, of Depot Road, Springwater
Samuel A. Moyer, 18, of Hollywood Drive, Lockport
Anthony J. King, 18, of Hollywood Drive, Lockport
Brian K. Rotsoth, 20, of Main Street, Canton, Ohio
Kathleen A. Cougen, 20, of Washington Street, Bradford, Pa.
David S. Dugburn, 20, of West Seneca
Taylor J. Maryniewski, 18, of Depew
Allison M. Weiss, 19, of Clarion Place, Whitesboro
Careena M. Gratan, 20, of Beachwood Drive, Caledonia
Arian L. Vasquez, 17, of Abbott Road, South Buffalo
Edward J. Krier Jr., 20, of Wellworth Place, Cheektowaga
Robert K. Capo, 18, of West Center Street, Medina
Samantha M. Staino, 18, of Hollybrook Road, Brockport
Samantha N. Havlom, 20, of Eagle Harbor Road, Albion
Tyler Harper, 18, of Ladue Road, Holley
Tyler J. Thielges, 19, of Granger Road, Wayland
Michael J. Murphy, 18, of County Road #36, Wayland
Cody J. Oas, 18, of Michigan Street, Perkinsville
Kevin J. Grimaldi, 18, of Walden Drive, Lakeview
Cody L. Winton, 20, of State Route 12, Sherburne
Cameron T. Yerton, 19, of North Road, Sherburne
Cynthia D. Bush, 18, of Classic Street, Sherburne
Joshua J. Mase, 20, of East Avenue, Batavia
Sara R. Hart-Predmore, 20, of Yarkerdale Drive, Rochester
Cedrick N. Simmons, 20, of Garden Apartment, Ithaca
Edward J. Buell, 18, of Ridgedale Circle, Greece
Kaitlyn A. Boehm, 19, of Ridgecrest Road, Rochester
Megan H. Kelly, 20, of Dohrcrest Drive, Rochester
Bryan M. Stehm, 19, of Sagewood Drive, Spencerport
Jason R. Hensel, 18, of Celtic Lane Rochester
Kyle J. Stubbe, 19, of Edgemere Drive, Rochester
Courtney L. O’Hara, 19, of Andrews Drive, Rochester
Stephanie L. Matteson, 19, of Woodsong Lane, Rochester
Andrew M. Frosini, 19, of Pebbleview Drive, Rochester
Nicholas H. Nadrowski, 19, of Lakeview Drive, Lakeview
Louis M. Wagner, 19, of Versailles Drive, Lakeview
Andrew M. Vincent, 19, of Clifton Parkway, Hamburg
Matthew J. Byrne, 19, of Wyndfield Court, Hamburg
Chelsy G. Karcher, 18, of Reserve Road, West Seneca
Correen L. Longbine, 20, of Milestrip Road, Orchard Park
Emily A. Whiteside, 20, of Hawthorne Drive, Orchard Park
Ashley E. Avino, 19, of Woodsfield Drive, Lakeview
Joanna M. T. Dunn, 19, of Twilight Lane, Hamburg
Emilia V. Bloom, 20, of South Abbott Road, Orchard Park
Aaron M. Ellison, 20, of Karrow Street, Orchard Park
Alexandria E. Schultz, 19, of Caitlin Terrace, Hamburg
Demi N. Flynn, 20, of North Collins, ?
Alicia M. Barratt, 20, of Seneca Street, Lawtons
Stevie R. Foit, 20, of Maple Street, Lawtons
Michael A. Spain, 17, of Otisco Valley Road, Preble
Joshuah T. Lewis, 17, of Stevens Road, Tully
Stuart D. Grass, 19, of Schuler Street, Syracuse
Jacquelyn A. Rapple, 19, of Kinyon Road, Marietta
Deanna M. Clappsaddle, 18, of Bear Ridge Road, North Tonawanda
Megan E. Clarke, 18, of Deerfield Drive, North Tonawanda
Justin P. Reinhardt, 19, of Deerfield Drive, North Tonawanda
Daniel R. Snyder, 20, of Mull Street, North Tonawanda
Raymond J. Wasieszko, 20, of Ruie Road, North Tonawanda
Matthew J. Rua, 20, of Sherwood Ave, North Tonawanda
Olivia L. Cabana, 19, of Ashford Avenue, Tonawanda
Rebecca R. Rush, 20, of Sundridge Drive, Amherst
Frank T. Nemeth, 19, of Kelly Drive, Niagara Falls, Ontario, Canada
Blake R. J. Roubos, 19, of Cataract Road, Thorold, Ontario, Canada
Daniel S. Holmes, 18, of Con. 4 Road, Street, Anns, Ontario, Canada
Rachel P. Meyer, 20, of Word Road, Wayland
Hayley S. Ormond, 19, of North Lackawana Street, Wayland
Katelyn M. Clawson, 20, of County Road #36, Atlanta
Taylor A. Morse, 17, of Granger Road, Wayland
Kevin R. Shaughnessy, 20, of Helfer Lane, Minoa
Nicholas A. Raesky, 17, of James Street, East Syracuse
Camri J. Hanlon, 18, of McNutt Road, Campbell
Brook D. Knowles, 20, of Reed Hill Road, Campbell
Corinne R. Wright, 20, of Main Street, Campbell
Jenna A. Clarke, 19, of 4th Section Road, Brockport
Jessica E. Daley, 20, of Bramblewood Lane, West Rochester
Hallie P. Fenti, 19, of Church Street, Hornell
Alexandria A. Gibson, 20, of Roncroff Drive, North Tonawanda
Kaitlyn H. Saunders, 18, of Euclid Avenue, Perry
Emily G. Gallagher, 20, of Wayland Road, Penfield
Alison M. Deacon, 20, of Creekview Drive, Hamburg
Derek R. Schmidt, 18, of Dean Road, Spencerport
Gregory M. Smith, 19, of Martin Road, Hamlin
Garrett D. Hartler, 19, of Dean Road, Spencerport
Lindsay A. Adams, 18, of Wedgedon Landing, Hilton
Alaina R. Bechtold, 20, of Hilton-Parma Corners Road, Spencerport
Mikayla L. Zanghi, 17, of Macintosh Drive, Rochester
Michael B. Coyne, 17, of West Gate Road, Kenmore
Sean J. Dungan, 19, of Zimmerman Blvd., Tonawanda
Chelsea L. Mooreage 19, of Desmond Drive, Tonawanda
William G. Moore, 18, of Woodward Avenue, Kenmore
Tyler J. Crawford, 18, of Johns Avenue, Buffalo
Timothy W. Balkin, 18, of Wellingwood Drive, East Amherst
Matthew R. Goss, 17, of Dodge Road, Getzville
Joseph C. Schrader, 20, of Harbor Street, Wilson
Molly J. Curry, 19, of Burch Road, Ransonville
Kimberly L. Daunce, 20, of Wilson Cambria Road, Wilson
Tyler W. Reimers, 19, of Wilson Cambria Road, Wilson
Camille L. Arth, 19, of Evergreen Drive, Lakeview
Mary E. Mcmahon, 16, of White Water Court, Hamburg
Thomas D. Scott, 17, of Second Avenue, Lancaster
Anessa L. Gervase Bage, 17, of Robinwood Court, Lancaster
Michael J. Enders, 17, of Pleasant View Drive, Lancaster
Francis J. Sterlace, 20, of Jackle Avenue, Silver Creek
Franklin G. Brown, 18, of Post Street, Irving
Hayley L. Trippy, 18, of Versailles Plank Road, North Collins
Levi M. Bower, 19, of East Avenue, Rochester
Jordyn A. Govenettio, 17, of Chapman Pkwy, Hamburg
Kali C. Compise, 16, of Overlook Point, Hamburg
Michael P. Edwards, 19, of Morgan Pkwy, Hamburg
Tiffany M. Agro, 18, of Linwood Avenue, Blasdell
James A. Militello, 20, of Champion Drive, Daytona Beach, Fla.
Nicholas J. Patronik, 19, of Juno Drive, Lakeview
Joshua L. Baker, 20, of Hewson Road, Lakeview
Garrett R. Cortright, 20, of Clifton Parkway, Hamburg
Jordan J. M. Harwood, 19, of Yankee Lane, Hornell
Kassandrea D. Heller, 18, of Maple Court, Hornell
Zachary M. Hynes, 17, of Split Rail Run, Penfield
Cody T. Murphy, 18, of Bowerman Road, Farmington
Aaron J. Ford, 17, of Green Road, Farmington
Sarah D. Kessler, 20, of Muriel Drive, Rochester
Michelle M. Snodgrass, 18, of Delta Road, Amherst
Rebecca A. Piduch, 20, of Gardenwood Lane, Buffalo
Nathan D. Rigby, 20, of Sodus Street, Clyde
Shannon D. Shakespeare-Brogan, 16, of Hogan Road, Fairport
Mikaela R. Cook, 18, of Wipple Tree Drive, Fairport
Ryan G. Weir, 20, of Cheryl Road, West Seneca
Nicholas S. Jennings, 19, of Logan Road, Attica
Patricia A. Glass, 20, of Chase Street, Medina
Clint A. Wright, 17, of Bethany Center Road, Wyoming
Nelson M. Burke, 16, of Main Street, Alexander
Lucas S. Terry, 17, of Holmes Hill Road, Conesus
Nicholas A. Braun, 19, of Pries Avenue, Buffalo
Sean P. Griffin, 20, of Rutland Street, Buffalo
Christopher P. Kane, 20, of Columbia Pkwy., West Seneca
Jacqueline P. Kane, 18, of McKinley Pkwy., Buffalo
Daniel M. Major, 19, of Hemlock Drive, Grand Island
Jermey R. Stark, 16, of Highway 3, East Port Colbourne, Ontario, Canada
Jacqueline H. Franck, 17, of Poplar Avenue, Ridgeway, Ontario, Canada
Andrew J. Kurtzhaltz, 19, of Prospect Avenue, East Aurora
Hanna J. Cimperman, 18, of Mill Road, East Aurora
Jaycen A. Watts, 20, of Pine Street, East Aurora
Joshua L. Cesario, 19, of John Peet Road, Canastota
Ryan P. Yeates, 18, of Norwood Avenue, Hamburg
Alexandra M. Curre, 18, of Corral Drive, Penfield
Matthew A. Majchrzak, 19, of Pennicott Circle, Penfield
Nicholas S. Fields, 18, of Seton Court, Penfield
William F. Asquith, 20, of Chaffee Road, Arcade
Jacqulyn M. Graber, 18, of Clarence Center Road, Clarence Center
Kristie Nasr, 18, of Glenhaven Drive, Amherst
Jonathan G. Vara, 18, of Manor Oak Drive, Amherst
Yanni S. Zulia, 17, of Bowen Drive, West North Tonawanda
Taylor N. Friedl, 19, of Cushing Road, Albion
Joel J. Prince, 20, of Claremont Park Palmyra
Timothy J. Depetris, 19, of Crestview Drive, Niagara Falls
Ian M. Marrett, 16, of East Bethany-Le Roy Road, Le Roy
Kristin N. Wach, 19, of Harmony Circle, Orchard Park
Adam R. Wattles, 19, of Old Lower East Hill Road, Colden
Kaitlyn M. Federico, 20, of Covered Bridge Circle, Greece
Max J. Roehmoldt, 19, of Village Point Lane, Williamsville
Brian J. Graham Jr., 20, of Lower Mountain Road, Lockport
Peter A. Roehmoldt, 20, of Village Point Lane, Williamsville
Ryan T. Burkard, 20, of West Minister Drive, East Amherst
Sean M. McGrath, 19, of Paul Place, Buffalo
Jordon Z. Richard, 18, of Lapp Road, Alden
Miguel-Christian Aragon-Prieto, 18, of Century Road, Orchard Park
Carly R. Hill, 19, of Doran Road, Lima
Joseph O. Pinter, 18, of Roat Drive, Angola
Elizabeth A. Gawronski, 20, of Cottage Street, Fredonia
Jason W. Myrick, 19, of Lovers Lane Road, Corfu
Chelsee M. Baun, 20, of Carlyle Avenue, Buffalo

Three people arrested after suspected marijuana field discovered unexpectedly

By Howard B. Owens

UPDATED Saturday at 12:48 p.m. with the names of the suspects and clarified/corrected information from the Sheriff's Office.

A federal helicopter passing over Genesee County this evening just happened to spot what looked like marijuana plants growing in a field off Angling Road in Corfu, and following an alleged frenzied attempt to hide or destroy the crop three people were taken into custody.

The three suspects are being charged with felony counts of criminal possession of marijuana 3rd and tampering with physical evidence as well as a misdemeanor charge of unlawful growing of cannabis.

Taken into custody were James P. Cox, 49, of 2109 Angling Road, Corfu, Jessica D. Cox, 22, of Benedict Street, Perry, and Beau T. Bressler, 25, of Benedict Street, Perry.

Sheriff's dispatchers received a call from a Homeland Security helicopter piloted by U.S. Border Patrol Agents just before 8:30 p.m. saying that the agents had spotted a suspected marijuana field at 2109 Angling Road, Corfu.

"The border patrol was not actively working with us or actively looking for marijuana," said Sgt. Steve Mullen, of the Sheriff's Office. "They just happened to be flying over the area on their way back to their base."

Immediately after the initial call, the agents informed dispatchers that an individual had run from the field into a residence at that address. At least four people immediately left the residence.

Two people reportedly jumped into a white sedan.

The other three people were allegedly spotted pulling up marijuana plants from the ground and carrying them into the house, into a barn, into a cornfield and into a red SUV parked at the house.

The red SUV was reported to leave the scene and was subsequently stopped by a trooper on Angling Road.

"We had communication with the helicopter through the inter-county system and the helicopter was able to tell us what was going on play-by-play and give us a description of the vehicles as they were leaving," Mullen said.

"(They were able to) observe it (the suspected marijuana) being placed in vehicles and observe it being destroyed or tampered with by throwing it into the cornfield in the hope that we wouldn’t subsequently see it or find it."

Several suspected marijuana plants, with their roots still attached and dusted with dirt, were found inside the vehicle (top photo with Sgt. Greg Walker and Deputy James Diehl, who is also the driver in the photo below).

Mullen said all suspected marijuana plants had been pulled from the ground by the three people allegedly involved in the incident. A total of 32 marijuana plants were recorved, according to the Sheriff's Office.

Two individuals who reportedly left in a white sedan told law enforcement that they left the scene when the suspects started to pull up the plants because they weren't involved and didn't want to be involved in what was going on. Neither of those people were arrested.

The residence at 2109 Angling Road is owned, according to the county's online database, by James P. Cox.

Mullen said one of the inviduals arrested was a resident of the property and the other two people were visiting at the time the suspected pot plants were discovered.

"After noticing the helicopter they decided to help (the suspected grower), or so they thought, remove or destroy the evidence."

Border Patrol helicopter reportedly spots marijuana growers in East Pembroke

By Howard B. Owens

Deputies are responding to East Pembroke where a U.S. Border Patrol helicopter has reportedly spotted people cultivating marijuana.

One person reportedly saw the helicopter and ducked into a house.

Two other people are reportedly pulling plants into a barn and there is some concern they are trying to destroy the evidence.

A white sedan with a sunroof was reported leaving the property and a deputy has located the car.

Other deputies are responding to the scene.

One suspect is carrying plants to the residence.

An older model red SUV has reportedly left the property.

UPDATE 8:32 p.m.: The subject in the white car reported that he left because they were pulling the plants. Another subject is in custody. The red SUV has not been stopped yet.

UPDATE 10:41 p.m.: I inadvertently failed to publish to the home page when it was breaking. I just returned from the scene. Three people taken into custody. More info and pictures coming.

Pair of jail inmates arraigned in city court on felony escape charges

By Howard B. Owens

A church burglary suspect who allegedly tried to escape from the Genesee County Jail had an alleged accomplice, the Sheriff's Office revealed today.

Along with 22-year-old John Anthony Cabrera, Paul Joseph Doctor, 34, of West Main Street, Batavia, is facing an escape in the first degree charge. The charge is a Class D felony.

Both were arraigned in Batavia City Court today.

According to Investigator William Ferrando, Doctor aided Cabrera by giving him a boost into the ceiling area of the jail dormitory.

Cabrera then allegedly used the jail air duct system to access the correction officer locker room and stole a CO's uniform and boots. 

Somehow, Cabrera allegedly then made his way into the basement area under Genesee Justice (the old Sheriff's Office), which effectively meant he was out of the jail and an alleged escapee.

According to Ferrando, Cabrera was unable to proceed further because by that time corrections officers discovered he was missing. Jail-escape protocols were initiated, which included law enforcement setting up a perimeter around the building at 15 W. Main St., Batavia.

The Cabrera case, which includes multiple felonies, including two felonies charged in the Town of Batavia prior to his arrest July 22 for an alleged church burglary, will be presented to the Grand Jury on Tuesday, District Attorney Lawrence Friedman said. 

In the Town of Batavia, Cabrera was charged with possession of stolen property, 4th, and forgery, 2nd, for allegedly possessing a stolen credit card and using it.

At the end of June, Cabrera was arrested on misdemeanor charges of criminal mischief, petit larceny and conspiracy. Cabrera, with an alleged accomplice, was accused of using a rock to smash a window of a parked car and steal a purse from the front passenger seat.

In city court today, besides the escape charge, Cabrera was arraigned on charges of burglary, 3rd, stemming from his alleged attempt to escape from the jail, and criminal mischief, 3rd, for allegedly damaging county property in the process.

Judge Robert Balbick ordered Cabrera held without bail.

"The court has discretion on bail in this matter, but it's clear to the court that no bail in this case would be appropriate," Balbick said.

Suspect accused of spitting blood on deputy's face

By Howard B. Owens

A 29-year-old Batavia man was jailed on a $10,000 cash bail after allegedly spitting blood on a deputy's face when the deputy attempted to arrest him at an address on Bennett Avenue, Oakfield, at 7 p.m., Thursday.

Shawn Michael Twardowski, of Montclair Avenue, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd.

Twardowski was arrested by Deputy Matthew Fleming after Fleming responded to a report that Twardowski was at the address in Oakfield in violation of an order of protection.

The criminal contempt charge was elevated to the first degree because Twardowski has a second-degree criminal contempt conviction within the past five years.

As Fleming placed Twardowski under arrest, Twardowski allegedly spit blood on the deputy's face, leading to the harassment, 2nd, charge.

Bail was set at $10,000 or $25,000 bond.

Subject taken into custody on Main Street following complaint of a fight

By Howard B. Owens

A few minutes ago, Batavia PD took a subject into custody in the 200 block of East Main Street.

The subject was seen struggling with police after he was handcuffed.

The initial indication is he will be charged with resisting arrest and disorderly conduct.

We don't have details yet on the situation, but minutes prior to his arrest there was a complaint of two male subjects fighting, with one possibly having a baseball bat, at an other location. Sgt. John Peck said he was only aware of a verbal argument proceeding the arrest.

Mercy EMS was dispatched to Batavia Police HQ for a subject who had been sprayed with pepper spray.

UPDATE 4:23 p.m.: The subject at the police station refused medical treatment.

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