crime

A 24-year-old Corfu resident was charged with drunken driving following an accident on Indian Falls Road, Pembroke, this afternoon that sent both himself and the other driver to the hospital.

Timothy D. Largey, of Phelps Road, Corfu, was reportedly on Cleveland Road when he stopped his 2000 Dodge SUV at the intersection of Cleveland and Indian Falls roads.

Largey then allegedly proceeded into the intersection and his car was struck by a 2002 pickup driven by Jeffrey C. McGiveron, 49, of Phelps Road, Basom.

Both drivers were transported to UMMC by Mercy EMS.

Largey was also cited for alleged failure to yield.

The accident was investigated by Sgt. Greg Walker. Deputy Howard Carlson made the DWI arrest.

(Intial report)

Sheriff's investigators are looking for information on a spate of weekend vandalism in Darien that left several mailboxes damaged, a railroad crossing broken and a burned-out motor home in its wake.

Officials aren't sure if all of the incidents are related, but they suspect some of it is, and some of it may be tied to prior vandalism in the same area, said Chief Deputy Gordon Dibble.

Some time between 11:30 p.m. Saturday and 2:45 a.m. Sunday, a person riding in a car or truck and wielding an aluminum baseball bat struck six mailboxes on on Countyline Road and possibly another four on Fargo Road.

According to Dibble, Erie County law enforcement also reports eight mailboxes struck in the same time frame.

"This (mailbox vandalism) has been a problem as long as I've been in law enforcement," Dibble said. "Lately it's kind of plagued the area there."

Within the past few weeks, similar vandalism has occurred on Mammot Road and Seven Day Road, Dibble said.

Also, during the same time frame somebody smashed warning lights at the railroad crossing at Fargo Road and broke the crossing gates.

"This sort of crime is hard to solve," Dibble said. "It's the sort of thing where you're here today and gone in minutes."

There was also a mysterious motor home fire with no obvious cause on Countyline Road near Route 33, Dibble said.

While it occurred during the same time as the other vandalism, he said a fire doesn't really fit the pattern of quick-hit vandalism.

Dibble said that while this sort of vandalism is common in rural areas, it's frustrating for home owners who must then go to the trouble and expense of repairing or replacing mailboxes.

He said somebody in Darien must know who is responsible for the vandalism and he would encourage anybody with information to call the Sheriff's Office at (585) 343-5000.

Paul Edward Reynolds, 57, of Rose Road, Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, following too close, leaving scene of property damage accident and operating without proof of insurance. Reynolds is accused of following another vehicle too closely and then rear-ending that vehicle at the intersection of Rose Road and Wortendyke Road at 4:20 p.m., Saturday. Reynolds allegedly failed to produce an appropriate exchange of information and then left the scene. Sheriff's deputies allegedly located him and his Toyota pickup a short time later at his residence.

Jordan-Albert Grayson Finnin, 16, of West Main Street Road, Batavia, is charged with attempted assault, 2nd. Finnin is accused of trying to stab a DSS youth worker during a home visit. Finnin was jailed on $10,000 bail.

Joshua Lanair Webster, 25, of York Road, Pavilion, is charged with criminal possession of a controlled substance. Webster is accused of illegally possessing hydrocodone on April 16 while being arrested on a burglary charge. Webster was arrested on the new charge Friday while already being detained in the Genesee County Jail on prior charges.

Michael J. Elmore, 21, of 148 Walnut St., Batavia, is charged with criminal mischief, 4th. Elmore is accused of damaging another person's vehicle.

Christopher James Gorman, 20, of Darien, is charged with possession/consumption of alcohol under 21. Gorman was allegedly found in possession of alcohol after being involved in an off-road motor-vehicle accident at 8:10 p.m., April 30.

Dakota Dean Roberts, 20, of Darien, is charged with possession/consumption of alcohol under 21. Roberts was allegedly found in possession of alcohol after being involved in an off-road motor-vehicle accident at 8:10 p.m., April 30.

Keith E. Robinson-Blue, 19, of Rugby Road, Rochester and Shawn D. R. Phillips Jr., 20, of Bartlett Street, Rochester, are charged with trespass. No details were released.

Charlene Anastasia, 40, with no permanent address, Batavia, is charged with criminal trespass, 3rd. Anastasia was allegedly located inside a locked storage facility and was there without permission of the owner. Anastasia was jailed on $500 bail.

Veronica Paula Barajas, 17, of Albion, is charged with petit larceny. Barajas is accused of shoplifting from Kmart.

Victoria Marie Fleck, 18, of Albion, is charged with petit larceny. Fleck is accused of shoplifting from Kmart.

Nicholas J. Pascucci Jr. is indicted on a count of criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 4th, and unlawful possession of marijuana. Pascucci is accused of possessing with the intent to sell 44 oxycodone tables on Nov. 25 in the Town of Le Roy.

Robert L. Ealey is indicted on a count of driving while ability impaired by the combined influence of drugs and alcohol and aggravated unlicensed operation. Ealey is accused of DWAI on Jan. 1, on Church Street, Le Roy. Ealey was previously convicted of DWI on Jan. 29, 2009.

MIchael D. Pacer is indicted on a felony of DWI and felony driving with a BAC of .08 or greater. Pacer is accused of driving drunk on Sweetland Road, Stafford, on Dec. 1. Pacer was convicted of DWI July 7, 2008.

Melvin G. Draper is indicted on a felony count of DWI, felony driving with a BAC of .18 or greater, and aggravated unlicensed operation, 1st. Draper is accused of driving drunk Oct. 29 while in the Town of Batavia. Draper was previously convicted of DWI on March 3, 2009.

The Grand Jury returned a "no bill" on the charge of aggravated criminal contempt against Eric M. Duda.

The Grand Jury returned a "no bill" on the charge of criminal contempt, 1st, against Jerry K. Scroger Jr.

A man wanted on a warrant for alleged petit larceny turned himself in to authorities today, reportedly because he had seen his picture on the home page of The Batavian.

Veshaun D. "Shortie" Thomas was jailed on $1,000 bail after surrendering to the Sheriff's Office.

Warrant Officer Eric Olsen said the Sheriff's Office received numerous tips about the whereabouts of Thomas as a result of the post on The Batavian, but added, "I really think it was your article that put the pressure on him to surrender."

The City of Batavia has begun a disciplinary proceeding against a pair of city firefighters who stand accused of participating in an illegal bookmaking operation and are charged with felonies under New York's racketeering law.

Gregory Phillips and Brian Bordinaro have been suspended without pay, according to City Manager Jason Molino.

Under civil service law, Phillips and Bordinaro are entitled to a disciplinary hearing within 30 days of being suspected without pay.

Bordinaro was suspended without pay on April 27, and Phillips on May 2.

The hearing officer will determine what sort of disciplinary action -- if any -- should be taken against the two men. Options range from fines to termination if the officer finds the firefighters guilty of misconduct.

Bordinaro  was within two years of retirement at the time of his suspension, and Phillips was about three years out. 

City officials declined to release the actual disciplinary documents. City Clerk Heidi Parker, who is the freedom of information officer for the city, cited the "fair trial" provision the Freedom of Information Law because the documents may contain information gathered by law enforcement that has not been released to the public.

When originally arrested in February, following a months-long investigation by detectives with the Local Drug Enforcement Task Force, Phillips and Bordinaro were charged with criminal possession of gambling records. Phillips was also accused of possessing a small amount of cocaine.

In April, the men were also charged with enterprise corruption. The provision is a Class B felony that serves as New York's anti-racketeering law. The charge carries a maximum possible prison term of eight-and-a-third to 25 years.

Arrested and charged with Phllips and Bordonaro was Lance Engel, a cook at the NYS vet's home in Batavia. No information has been obtained on his employment status.

There are no scheduled court appearances for the three men until October and  District Attorney Lawrence Friedman has yet to say whether his office will seek grand jury indictments or proceed in another manner with the case.

At their last court appearance, the attorneys for the three men were all given inches-thick documents containing alleged evidence of their gambling operation.

According to investigators, the operation handled more than $1 million in bets in a single year and generated about $70,000 in profits off the vig.

A 24-year-old Tracy Avenue resident was arrested today and accused of sexual contact with a teenager he knew.

Dennis D. Benson Jr., of 62 Tracy Ave., Batavia, is charged with three counts of criminal sexual act, 3rd.

Det. Charles Dudek conducted an investigation and arrested Benson at 7 a.m. following a traffic stop on Hartshorn Road, Pembroke.

The sexual contact is alleged to have taken place at Benson's residence on three separate occasions in March.

Benson was arraigned in Batavia City Court and released under supervision of the Probation Department.

A Springville man accused of stealing copper from a business in Corfu has a chance of getting out of jail today after his bail was reduced to $10,000 cash or bond.

Scott J. Taylor, 45, was originally jailed without bail after being arrested late Monday night on the property of Ed Arnold Scrap Processors on Angling Road.

Taylor was originally held without bail when he was arraigned in Pembroke Town Court because lower courts are required to hold suspects with prior felony convictions.

His attorney, Keith Perla, of Buffalo, asked for the bail review hearing and argued that Taylor should be released under supervision because Taylor has a history of making his court dates and lives on a farm where he cares for his elderly mother.

Assistant District Attorney Robert Zickl argued that bail for Taylor should be set at $50,000 because of his four prior felonies in four different counties -- all for similar crimes and wrapped into a single one-year prison sentence more than seven years ago -- and because Taylor faces being labled a persistent felony offender (meaning a longer jail term).

Zickl also said Taylor allegedly made statements indicating he has a compulsion to steal.

According to Perla, a report by Genesee Justice on Taylor said Taylor was eligible for release under supervision.

Zickl said the current grading system doesn't give sufficient weight to the multiple prior felonies.

Judge Robert C. Noonan said he helped draft the bail review point system and agreed it didn't put multiple prior felony convictions in proper context, but because for larceny type of crimes, he isn't likely to find a defendant a persistent felony offender, he didn't think a high bail was required.

Taylor is accused of entering the scrap yard five times in April and May. He is charged with four counts of grand larceny, 4th, one count of attempted grand larceny and five counts of criminal trespass, 3rd.

Wyatt J. Becker, 21 and facing five years in prison, told Judge Robert C. Noonan today that he's a changed man.

He said he's gone from only thinking of himself to seeing how he's hurt people and understanding their point of view.

"I can't believe how selfish I used to be," Becker said. "I don't know ho to make up for all of the damage I've done and how to say how much remorse I have for the victim and his family. Forgiveness shouldn't be granted for me for my words, but should be because of my future actions."

Becker promised Noonan he would never see him in court again. He read from a statement that appeared to be typed on a sheet of yellow legal paper.

On March 15, Becker entered a guilty plea to assault, 2nd, and DWI. As part of the plea deal, he as facing a maximum of five years in prison, and that's exactly the sentenced handed down by Noonan.

Becker was the driver in an Aug. 3 accident on Pike Road, Alexander, that seriously injured his passenger.

The accident led to the felony assault charge against Becker.

By November, Becker was a fugitive after missing an arraignment date in Noonan's court. He was arrested in December.

The five sober months Becker has spent in jail has given him a chance to reflect on his life and his bad choices, Becker told Noonan.

Noonan told Becker today that in reading his pre-sentencing report he noted the Becker claimed his actions in August were not out of the ordinary for a person his age.

Noonan disagreed.

"Any recognition or reflection on your conduct should start with the realization that your incarceration is the result of a lot of bad choices that are not reflective on the population as a whole," Noonan said. "The population on the whole is made up of a lot of 21 year olds who have never been in a courtroom and never will be in a courtroom."

The judge said he hoped by the time Becker gets out of jail, he'll realize that his peers, on the whole, are not engaging in conduct that gets them in trouble with the law.

A 45-year-old Springville man is accused of stealing scrap from a Corfu business at least four times in the past month and was caught on his alleged fifth attempt late Monday night.

Taken into custody was Scott J. Taylor, of Sharp Street, Springville.

Management and employees of Ed Arnold Scrap Processors were reportedly monitoring the secured scrap yard late Monday night when Taylor allegedly entered the yard.

The Sheriff's Office was called and uniformed deputies and plain clothes detectives, along with the Village of Corfu PD, responded.

Employees detained Taylor when he allegedly tried to flee.

Taylor was taken into custody by law enforcement without further incident.

He is accused of entering the scrap yard four previous times in April and May and he was charged with four counts of grand larceny, 4th, one count of attempted grand larceny and five counts of criminal trespass, 3rd.

Taylor was arraigned and jailed without bail.

Patrick M. Holler, 58, of 14713 Holley Road, Albion, is charged with DWI, aggravated unlicensed operation, 3rd, and open container. At 7:40 a.m., Tuesday, deputies responded to a report of a 1994 Chevy Astro van being driven on Lewiston Road by a driver who was consuming alcohol. Holler allegedly refused to submit to a breath test after being stopped.

Joel David Prouty, 25, of West Main Street, Batavia, is charged with criminal contempt. Prouty is accused of sending a letter to a protected person.

Shawn Richard McGiveron, 23, of Marble Road, Akron, is charged with criminal contempt, 1st, criminal mischief, 4th, and harassment, 2nd. McGiveron is accused of engaging in a fight with a protected person and damaging that person's property.

Michael J. Hilton is lucky to be alive, one of his crime victims told him in Genesee County Court this morning.

Hilton admitted to second-degree burglary on March 14 and was in court today for sentencing. He received the maximum available under his plea deal: 10 years in state prison.

The 20-year-old Batavia and Le Roy resident broke into a home on Swan Street with accomplice Kurt Hawkins in September and the owner awoke to find Hilton in his room standing next to his gun cabinet.

"He didn't realize how close he came to dying that night," the local resident told Judge Robert C. Noonan. "I had a shotgun shell in my hand. I realized I couldn't get to my gun. I thought I would choke him, but I couldn't catch him. I'm glad I didn't because I would have had to live with that."

The resident said his daughter still has trouble sleeping at night because of the trauma of the break-in.

When Hilton was asked if he had anything to say, he turned and faced the victim and said, "I'm sorry."

As Hilton spoke, he began to tear up, and was sobbing as he addressed the victim's family.

"I sincerely apologize for what I put you and your family through," Hilton said. "I'm honestly sorry. I should have known better than to make the choice I made. I'm sorry.

"I'd also like to say to my family, I'm sorry," Hilton added. "I'm sorry for all the things I put you through. I know you don't need to be here now wasting your time for me because I'm nothing. I thank you for supporting me, for being here even though I don't deserve it."

Typically, defendants who apologize in court become indignant after receiving a harsh sentence from Noonan, but not Hilton. He continued to hang his head and wipe away tears.

After the hearing, the victim said he believed Hilton was sincere.

"I felt he was very remorseful," the resident said. "I almost felt bad for him just for a split second. That went away fast.

"I wish my wife had been here to see how he felt," the resident added. "She's just getting to where she can sleep at night. She didn't want to see him because when he ran out of the bedroom, he was this close to her, like you and I are right now. I wish she could have been here to see for herself."

Noonan agreed with the victim that HIlton is lucky to be alive.

"(The victim) said you came close to being killed and you know what, the law would protect (him) for doing that," Noonan said. "There's been lots of publicity about this case in Florida, but that is not your case. This is not a stand-your-ground case, because New York has allowed people to protect themselves in their own home forever. It has always been the right of a victim to kill an intruder."

Both Jerry Ader, Hilton's attorney, and Noonan noted that Hilton had a rough childhood.

"I don't know if you know this or not, but before I sentence anyone for any crime, including serious crimes like the one you're convicted of, I receive lots and lots of information about the person's background and history," Noonan said.

"It starts at birth and includes school records and medical records. Your story is a very sad story. You've had some horrible things happen in your life and I don't want you to think it's gone unnoticed."

But, Noonan said, considering the crimes Hilton committed, if not for that background, Noonan never would have allowed the plea deal Hitlon received. He would have required Hilton to face a jury and if convicted of the three possible burglary charges he could have been tried on, faced a much longer prison term than 10 years.

Before he left the courtroom, Hilton looked at his family members one more time and then hung his head and walked toward the door and out of the courtroom.

Detectives are looking for a 5' 9",  young white male with a teardrop tattoo by his right eye who is suspected of slashing the cheek of another young man Saturday evening in a parking lot off of Center Street.

There is no known motive for the attack, Det. Todd Crossett said.

Crossett says it appears that the victim pulled into the parking lot behind the Masonic Temple building, got out of the car and started talking with another person. While they were talking, the suspect approached and attacked the victim.

Crossett said the victim told investigators that he didn't know his attacker.

There is no clear indication on what may have precipitated the attack, Crossett said.

Also, Crossett said, there was no connection between the attack and the location, which was originally called in to emergency dispatch as 15 Center St. -- the location of the City Church conference center. Neither the victim nor the attacker had been involved in anything going on at that location.

Photo: By Dan Fischer, WBTA

A 39-year-old Maple Street resident will need to make $11,341.18 in restitution following a plea deal on welfare fraud charges filed against her.

Kerry Ackley entered a guilty plea to day to a single felony count of attempted grand larceny, 3rd.

The plea also satisfied four counts of offering a false instrument for filing, 1st.

Ackley was arrested following an investigation that found she had failed to report worker's compensation benefits.

As part of the plea deal, Ackley will be disqualified from receiving food stamps and temporary assistance benefits.

She will be sentenced at 9:15 a.m., Aug. 2.

Lonnie A. Fairbanks, 45, of 6227 Skyview Lane, Mt. Morris, is charged with felony DWI and refusal to take a breath test. Fairbanks was arrested after Le Roy PD responded to a report of a rolling domestic Saturday on Lake Street. Fairbanks was jailed on $5,000 bail.

Robert G. Whitehead, 21, of 28 Clay Street, Le Roy, is charged unlawful dealing with a child, 1st. Whitehead is accused of hosting an underage drinking party.

Roger K. Williams, 55, of 19 Exchange St., in Le Roy, is charged with DWI, driving with a BAC of .08 or greater and unlawful possession of marijuana. Williams was arrested after Le Roy PD responded to a report of a domestic disturbance on Church Street in the early morning hours Sunday. Williams was jailed on $500 bail.

Raymond J. Radley, 46, of 10661 Cook Road, Pavilion, is charged with criminal contempt, 1st. Radley is accused of violating an order of protection by calling the protected person several times and driving past the person's place of work. Radley was jailed on $1,000 bail.

Zayis Rooper King, 19, of Oatka Trail Road, Le Roy, is charged with unlawful dealing with a child, 1st. King is accused of hosting an underage drinking party.

Shawn David Bowman, 40, of Oakta Circle Road, Le Roy, is charged with trespass. Bowman is accused of driving his vehicle on a nature trail behind Pembroke Town Park that is marked "pedestrian use only."

Tyanna Desiree Green, 17, of Lewis Place, Batavia, was arrested on a bench warrant related to a petit larceny charge. The petit larceny allegedly occurred in December. Green was jailed on $200 bail.

Joseph George Sumeriski, 20, of Blackhouse Road, Warsaw, is charged with unlawful possession of marijuana. Sumeriski was arrested at 6:15 a.m., Saturday, on Park Road, Batavia, by Deputy Dana Richardson.

Travis A. Weatherbee, 25, of 25 Swan St., Batavia, is charged with crminal use of drgu paraphernalia, 2nd. Weatherbee is accused of possessing a needle and a spoon. The spoon was allegedly used to liquify a prescribed medication.

The Sheriff's Office is looking for help in locating Veshaun D. "Shortie" Thompson.

Thompson is wanted on a warrant related to a pair of petit larceny charges.

Anybody with information on the whereabouts of Thompson is asked to call the Sheriff's Office at 343-0911.

There is reportedly a fight among three or four people at 15 Center St., the City Church Youth Center. Law enforcement is responding as are medics. One person was stabbed.

UPDATE 8:16 p.m.: A male, age 22 or 23, is being taken to UMMC with a cut on his left cheek that is "longer than it is deep." Also, police call for firefighters to respond to wash away blood on the sidewalk. City Engine 12 is responding.

UPDATE 8:25 p.m.: Engine 12 has accomplished its mission and is back in service.

UPDATE 10:20 p.m. (by Howard): Officer Dan Coffey, tonight's shift commander, said at about 9:30 p.m. that officers were still conducting interviews and "sorting things out." No arrests, and there's no description of a suspect available.

A chance meeting with five local farmers in a Le Roy diner helped convince Donnie Henderickson to take a logging job with David Henry Isabell, the 43-year-old, now-convicted timber con man, Henderickson said today.

Henderickson spoke after his appearance in Genesee County Court where he was given a conditional discharge on a single petit larceny conviction.

Isabell called Henderickson out to Le Roy to talk about a job on property owned by Lynn Belluscio, Henderickson said. It was the first time Henderickson had done anything with Isabell in 10 years, he said.

After the meeting at Belluscio's property, they went to a local diner and ran into the farmers, who greeted Isabell like an old friend, he said.

"After I got home, I said (to my wife), ‘I can’t believe it. He really changed his ways,’ " Henderickson said. "He was pretty shifty 10 years ago, and he hasn’t changed his ways. The only thing he’s done is he’s learned to finesse the BS a little more."

Henderickson described Isabell as charming -- a master of BS -- and said the 43-year-old Liverpool resident deserved a harsher sentence than he got.

He said he was sorry for what happened to the property owners Isabell conned.

He's also sorry for himself and what he's been through.

He said -- backed by his wife of 30 years -- that he's always been a legitimate logger, but this ordeal has ruined logging for him.

"It's a shame," he said. "When I drive out here, I see lots of good timber. I could have made a lot of money out here (in Genesee County) legitimately. I didn't need this.

"You know it's tough to make money (in logging) anyway. After this, all anybody has to do is get on the computer and pull a DEC report and see Mr. Henderickson’s name right there and they’re not going to deal with me."

To make a living now, Henderickson drives a log truck for another company.

The 49-year-old resident of Bernhards Bay was originally charged with grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st.

Those charges were reduced to petit larceny with a promise of no jail time on the condition that Henderickson testify truthfully against Isabell.

Rather than go to trial, Isabell entered a guilty plea to timber trespass and scheme to defraud, 1st. He was sentenced April 26 to six months in jail and five years probation.

Assistant Distirct Attorney Kevin Finnell said in court today that he is convinced that Henderickson was a partner in Isabell's timber scheme.

"I think Mr. Henderickson was well aware of what was going on with the home owners," Finnell said. "He was clearly part of this scheme, albeit to a lesser degree of culpability, but he certainly knew what was going on."

Even so, Finnell said, he didn't oppose the recommendation of the probation department that Henderickson receive a conditional discharge.

A conditional discharge means that if Henderickson isn't re-arrested for anything in the next year, the petit larceny conviction will be dropped from record.

"For the victims, I’m very glad they got the restitution they got, but as far as Mr. Isabell and (his sentence), what he did was wrong," Henderickson said.

A 20-year-old Le Roy resident is being accused of burglary for allegedly breaking into the old Jell-O plant on North Street, Le Roy, and stealing tools, wire and other items from a business there.

The burglary was discovered after Easter weekend when employees returned to work.

The suspect, John H. O'Shea, of 84 Wolcott St., Le Roy, is accused of making forced entry into the building.

As part of the month-long investigation, police executed a search warrant at a residence in Riga, where some of the allegedly stolen property was located.

O'Shea is charged with burglary, 3rd, and grand larceny, 4th.

After arraignment, O'Shea was released under the supervision of Genesee Justice.

Le Roy PD says the investigation is ongoing.

Michael Timothy Van Houter, 21, of East Main Road, Le Roy, is DWI, driving with a BAC of .08 or greater, failure to reduce speed, driving left of pavement markings in a no-passing zone and failure to stop at stop sign. Van Houter was charged following the investigation into a motor-vehicle accident at 11:24 p.m., Tuesday, on Perry Road, Le Roy. The investigation was conducted by Deputy Jason Saile.

Rea Anne Leaha Wimmer, 19, of Broadway Road, Darien, is charged with driving while ability impaired by drugs and moving from lane unsafely. Wimmer was stopped at 12:40 p.m., Tuesday, on Clinton Street Road, Batavia, by Sgt. Thomas Sanfratello.

Austin L. Wester, 17, of 3373 Pratt Road, Batavia, is charged with criminal contempt, 2nd, and criminal possession of stolen property, 4th. Wester is accused of violating an order of protection. During the investigation, Wester allegedly admitted to possessing property he knew was stolen. Wester was jailed without bail pending an appearance in Batavia City Court today.

Latoya D. Jackson, 26, of Batavia, is charged with disorderly conduct and resisting arrest. Jackson is accused of screaming profanities in Batavia City Court and then struggling with deputies in the lobby of the Genesee County Courthouse. Jackson was jailed on $2,000 bail.