crime

Two people apparently stole some salvaged sheet metal from inside a barn on Clipknock Road, Stafford, this morning.

The suspects are described as "average white males."

They were last scene about 40 minutes ago heading east on Sweetland Road in a '90s-era white pickup truck.

It sounds like it should be easy to spot with the sheet metal piled high in the back of the truck bed.

The truck may be heading toward Rochester.

Anybody with information that may assist the investigation can contact the Sheriff's Office at 343-5000.

Gregory Phillips Brian Bordinaro Lance Engel

Gregory Phillips, Brian Bordinaro -- two city firefighters accused of running an illegal bookmaking operation -- are still on the public payroll, according to City Manager Jason Molino.

Under New York's civil service law, employees accused of wrongdoing can't just be fired. There is a legal process for disciplinary action.

The city is working with the Sheriff's Office in obtaining evidence that might be used in a disciplinary process, Molino said, but no formal action has been taken yet.

The law requires that once a government agency suspends an employee without pay, the employee is allowed a disciplinary hearing -- where evidence is presented to support any disciplinary action -- and the employee can mount a defense within 30 days.

"We're still in the process of investigating things," Molino said.

Phillips and Bordinaro were arrested along with another public employee, Lance Engel, in February, and charged with criminal possession of gambling records.  Phillips was also charged with criminal possession of a controlled substance, 7th, for allegedly possessing a small quantity of cocaine.

Yesterday, the three men were arraigned on new charges, accusing them essentially of racketeering under New York's "enterprise corruption" statute, and of promoting gambling. 

Enterprise corruption is a Class B felony with a maximum possible prison term of eight-and-a-third to 25 years.

The three men are accused of running a criminal enterprise that generated at least $1 million in bets and more than $70,000 in profits.

The District Attorney's Office presented the suspects' defense attorneys with a six-inch high stack of paper that is reportedly the evidence gathered against the three men so far.

Sgt. Steve Mullen, lead investigator on the case, said the investigation is ongoing. The Sheriff's Office is still waiting for data from the computers and mobile phones seized when officers with search warrants raided the homes of the three men in February. The lockers at the fire hall of Phillips and Bordinaro were also searched.

The evidence gathered thus far covers only a portion of the time the trio is believed to have been allegedly involved in bookmaking.

Mullen said yesterday that some of the people who allegedly placed bets through the operation were in debt to the three suspects for thousands of dollars.

Investigators have indicated -- though are still trying to determine for certain -- that Phillips and Bordinaro were allegedly receiving betting-related text messages and phone calls while on duty.

Three men accused of illegally accepting bets, including two city firefighters, are being charged under NYS law of racketeering.

The "enterprise corruption" statute is similar to the federal RICO (Racketeer Influenced and Corrupt Organizations Act) law.

The Class B non-violent felony carries a possible minimum sentence of one to three years in prison and a maximum eight-and-a-third to 25 years. Probation without prison is not a sentencing option.

Gregory Phillips, Brian Bordinaro, both city firefighters, and  Lance Engel, a chef at the Western New York Veterans Home, appeared in Batavia City Court today to answer to the new charges, which also included promoting gambling, a Class E felony.

All three men entered not guilty pleas.

"My client entered a plea of not guilty and we certainly stand by that plea," said Engle's attorney, Joseph LaTona, outside the courthouse after the proceedings.

Their cases were bound over until Oct. 23, giving the District Attorney's Office time to consider whether to seek a grand jury indictment or take another course of action -- such as a possible plea deal.

All three men are out of jail on their own recognizance.

In February, they were arrested following an investigation by the Local Drug Enforcement Task Force, and charged with criminal possession of gambling records, a Class E felony. Philips was also charged with criminal possession of a controlled substance, 7th, for allegedly possessing a small amount of cocaine.

Investigators claim the three men were conducting an illegal bookmaking operation that grossed more than $1 million in bets and generated more than $70,000 in profits. 

The trio's defense attorneys today were presented with what is known as "discovery" -- material that the DA believes substantiates the charges. In this case, each attorney walked out of the courtroom with paperwork nearly six inches high.

The material represented, according to Sgt. Steve Mullen of the Genesee County Sheriff's Office, the fruits of his team's investigation, including phone records, text messages and other records collected so far.

There are still computer and mobile photo data to be compiled and analyzed, Mullen said, and any new evidence uncovered could potentially be turned over to District Attorney Lawrence Friedman, who could consider additional charges.

According to article 460 of the NYS penal law, a person is guilty of enterprise corruption when the person has knowledge of a criminal enterprise, participates in and has an interest in (as in ownership) of that criminal enterprise and is guilty of at least two other felonies (not including conspiracy) associated with the criminal enterprise.

One of the key elements in a case like this that sets an illegal gambling operation apart from legal forms of gambling in New York is that bookmakers often extend credit to their customers, Mullen said.

"If you go to the Downs or buy lottery tickets, you're spending money you have in your pocket," Mullen said. "It can still effect your family in adverse ways by spending money that is dedicated, or could be better dedicated, to other necessities in the home. In (a bookmaking) case, you’re able to gamble and continue to gambling without having the money in your pocket.

"From what the records (in this case) show," Mullen added, "there are people who ended up thousands and thousands of dollars in debt."

Mullen acknowledged that there are people in the community who don't think the bookmaking laws should be enforced, but it's not his job to change the law, just enforce it.

"Certainly, if these guys did profit in excess of $70,000, like it’s alleged, then it means there’s some people who are out of a substantial sum of money," Mullen said.

PHOTOS: Top, Phillips and Engle arriving at the courthouse; inset, Mullen; below, LaTona holding an armload of "discovery" and very bottom, Phillips leaving court with his attorney.

Joshua L. Webster, 25, of 7882 York Road, Pavilion, is charged with burglary, 3rd, grand larceny and criminal mischief, 4th. Webster is accused of burglarizing a residence April 12 on Clinton Street Road, Bergen. Webster allegedly stole more than $1,000 in property. Bail on this case was set at $10,000 cash or $15,000 bond. Webster was previously arrested over the weekend and accused of fleeing from an accident on West Main Street, Batavia, and escaping through Batavia Downs.

Robert Charles Polcyn, 70, of Renouf Drive, Rochester, is charged with possession of untaxed cigarettes and failure to keep right. Polcyn was stopped at 3:57 p.m. on Byron-Elba Road, Byron, for an alleged traffic violation by Deputy Timothy Wescott. Polcyn was allegedly found in possession of 4,400 untaxed cigarettes.

Trisha Rose Santora, 29, of Seneca Avenue, Batavia, is charged with criminal contempt, 2nd. Santora is accused of violating an order of protection.

Thomas L. Hill Jr., is indicted on four counts of criminal possession of a controlled substance, 3rd. Hill is accused of possessing cocaine with the intent to sell it Oct. 8 while at 335 Bank St., Batavia, and again on Jan. 7 at 174 Ross St.,  Batavia.

Albert A. Ackerman is indicted on a charge of felony DWI. Ackerman is accused of driving drunk Nov. 6 on Route 5 in the Town of Le Roy. Ackerman is accused of a prior DWI in 2009 in Florida.

Danielle Hendrickson is indicted on a charge of criminal possession of a forged instrument, 2nd. Hendrickson is accused of possessing, with the intent to defraud, a forged check in the amount of $50 drawn on the account of a local couple.

Shawn J. Scheg is indicted on a felony count of DWI and felony driving with a BAC of .18 or greater. Scheg is accused of driving drunk Jan. 8 while on West Sweden Road, Bergen. Scheg is accused of having a prior DWI conviction in the Town of Batavia in May 2002.

Joshua L. Webster, 25, of 7882 York Road, Pavilion, is charged with aggravated unlicensed operation, 2nd, leaving the scene of a property damage accident and failure to yield right of way; Jessica L. Engelhardt, 21, of 7882 York Road, Pavilion, is charged with falsely reporting an incident and offering a false instrument for filing, 2nd. Webster was allegedly involved in an accident at 4:15 p.m., April 9, on West Main Street near Tops Market. Webster allegedly fled the scene on foot. Webster was reportedly identified by readers of The Batavian after his picture at Batavia Downs was posted on the website. Engelhardt, who is reportedly married to Webster, is accused of falsely reporting the vehicle stolen in an effort to cover up her husband's involvement in the accident.

Eric M. Duda, 50, of 111 Liberty St., Batavia, and Summer Ogden, 36, of 123 Washington Ave., Batavia, are both charged with criminal contempt. Duda and Ogden are both accused of violating orders of protection that prohibit them from being in each other's company. They were allegedly found together during a residence check by the Probation Department. Both were jailed on $5,000 bail.

Evan Ryan Anderson, 30, of Batavia, is charged with criminal possession of a controlled substance, 7th, driving with ability impaired by drugs and No/inadequate headlamps. Anderson was stopped at 11:50 p.m., Friday, on Route 5 in Pembroke by Deputy Patrick Reeves.

Luke Anthony Bacon, 19, of East Avenue, Akron, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, speeding (82 in a 55 mph zone), and failure to keep right. Bacon was stopped at 12:18 a.m., Sunday, on Akron Road, Pembroke, by Deputy Patrick Reeves.

Mark Russell O'Gee, 58, of South Street Road, Le Roy, is charged with criminal contempt, 2nd. O'Gee is accused of violating an order of protection by entering a residence he was barred from entering.

Christopher Michael Ames, 40, of Maple Avenue, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater and unlawful possession of marijuana. Ames was reportedly observed at 8:56 p.m., Friday, in a vehicle park behind an unoccupied building on Lewiston Road, Alabama, that is for sale. Upon further investigation by Deputy Chad Minuto, Ames was allegedly found to be in an intoxicated condition.

Kimberly A. Showler, 46, of 4 North Spruce St., Batavia, is charged with petit larceny. Showler is accused of shoplifting from a store on East Main Street, Batavia.

Lesley Marie Brice, 33, of Miller Avenue, Buffalo, is charged with harassment, 2nd. Brice is accused of pushing and shoving another person during a verbal argument that allegedly turned physical at 6:24 p.m., Friday, at a location on Main Street, Pembroke. Also arrested in connection with the incident was Angel Victoria Ramos, 19, of Main Road, Pembroke, who is charged with harassment, 2nd. Ramos is accused of hitting another person during an argument.

Accused bank robber Jonathan A. Mills has officially been named a suspect in the April 6 Pavilion Five Star Bank robbery.

The Genesee County Sheriff's Office requested and has been granted an arrest warrant by Town of Pavilion Justice Philip Werner for Mills, who is currently being held in the Columbia County Jail in Hudson.

Mills, with a listed address of 115 Maryland Ave., Rochester, is a possible suspect, along with possible accomplices, in other bank robberies around the state.

The Genesee County warrant accuses Mills of robbery, 3rd, a Class D felony, and grand larceny, 4th.

Authorities believe Mills is the man who stepped into the Pavilion bank about 3:30 p.m., April 6, and presented the teller a note, claiming he had a gun, and demanding money.

Investigators have not said how much money the robber received from the teller.

The suspect then ran from the bank and jumped into a car, according to witnesses, driven by another African-American male.

The second suspect has not been identified.

The operation matches a robbery in Greene County on Monday, which eventually led to the arrest of Mills.

A 24-year-old Batavia resident is accused of intentionally ramming a police car and then running from officers during an incident in the city overnight.

David L. Andrews, of 19 Holland Ave., Batavia, is charged with criminal mischief, 2nd, reckless endangerment, 2nd, resisting arrest, unlawfully fleeing a police officer in a motor vehicle, 3rd, and 19 vehicle and traffic violations.

Andrews was reportedly wanted on an arrest warrant out of city court.

He is being held in the Genesee County Jail without bail.

The incident started at 12:28 a.m. when Officer Chris Camp attempted to initiate a traffic stop on Court Street.

Allegedly, Andrews did not stop his vehicle and Camp initiated a short pursuit down West Main Street.

At some point, Andrews allegedly hit a police vehicle and then fled on foot. The pursuit area included Holland Avenue, Montclair Avenue, Lacrosse Avenue, North Lyon Street and Allen Street.

Assisting Batavia PD were Sheriff's deputies and state troopers.

Assisting from Batavia PD were officers James DeFreze, Jason Ivison and Lt. G.Q. Steele.

Robert Anthony Holley, 41, of Overlook Drive, Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Holley is accused of grabbing his son, throwing him to the ground and kicking him during an argument. Holley is also accused of throwing his wife to the ground when she reportedly tried to stop him. Holley was jailed on $500 bail.

Uriah Ian Charles Smoke, 27, of Bloomingdale Road, Basom, is charged with reckless endangerment, 2nd, and criminal mischief, 4th. Smoke is accused of failing to appear in the Town of Alabama Court following his release from the Erie County Correctional Facility and was arrested on a warrant.

David Christopher Dodd, 23, of County Road 132, Ovid, is charged with two counts of aggravated DWI (child passengers under 16), operating a motor vehicle while impaired by drugs and failure to stop at a stop sign. Dodd was arrested following a report at 9:05 p.m., Wednesday, that a vehicle was operating erratically on Park Road. Dodd was stopped by Deputy James Diehl.

The judicial process in the case of the People v. Jacquetta Simmons took another step forward today with Simmons appearing in Genesee County Court to answer to charges stemming from an alleged assault on Christmas Eve against a 70-year-old Walmart employee.

A grand jury indicted Simmons on two counts of assault in the second degree.

As is routine for a criminal defendant at this stage of the proceedings, Simmons entered a not guilty plea.

Earl Key, and his assistant Ann Nichols, the attorneys for Simmons, will now have 45 days to file motions.

Simmons is scheduled to reappear in court June 21 for a hearing on any motions filed on her behalf.

The 26-year-old Batavia woman is accused of hitting Grace Suozzi, who was working at Walmart on Christmas Eve, causing Suozzi to suffer facial fractures.

One of the assault charges is based on a fairly new statute that makes it a felony for a younger person to hit a person over 65 years old.

A second man involved in a "particularly dangerous" type of methamphetamine production has entered a guilty plea in federal court.

Christopher L. Williams, 33, of 8 Erie St., Le Roy, faces up to a year in prison or a fine of $100,000 or both after his guilty plea to unlawful possession of methamphetamine.

His apparent partner, Nicholas P. Sadwick, 24, of Le Roy, entered a guilty plea on charges stemming from the same case last month.

Both men were arrested a year ago after a residence they were using was raided by members of the Local Drug Enforcement Task Force.

The manufacturing method used involved batteries -- a method unique among all of the other meth lab busts in 2010 -- which Deputy Chief Jerome Brewster described at the time as "particularly dangerous."

In a press release today, the U.S. Attorney's Office said investigators found a baggie and a Mason jar, both containing clear liquid that was found to contain methamphetamine.

Outside the residence, investigators found an Icy Hot pack that had been ripped open.

"These items are common materials used in the production and clandestine manufacture of methamphetamine," the release said.

Williams admitted to possessing methamphetamine for personal use.

Sentencing is set for 11 a.m., July 11, in federal court in Buffalo.

A Rochester man arrested in Greene County and accused of robbing a bank in Greenport may be linked to a bank robbery in Pavilion on Friday.

Deputy Chief Jerome Brewster said Sheriff's Office investigators are looking closely at Jonathan Mills, 24, of 115 Maryland St., Rochester, who has been charged in Greene County with robbery, 3rd, and grand larceny, 3rd, both Class D felonies.

"We believe this is the guy who robbed the Pavilion bank," Brewster said.

Investigators have some fingerprints they would like to match with prints taken by the Greene County Sheriff's Office. If there's a match, Brewster said the evidence will be presented to the District Attorney by Friday for possible arrest or indictment.

The suspect's appearance, M.O. and other physical evidence seem to match, Brewster said.

According to Brewster, Mills may have been involved with as many as four other people in a series of bank robberies around the state.

According to the Daily Mail in Greene County, Mills allegedly presented a bank teller with a note around 4 p.m. Monday. It read “I have a gun, give me all the money, no dye packs and you won’t get hurt.”

Patrols searched and canvassed the immediate area. Sheriff’s investigators conducted witness interviews while evidence technicians processed the crime scene.

“The investigators did a great job,” Capt. David Barlett of the Columbia County Sheriff’s Office said. “It was some good, old-fashioned police work.”

Carrile L. Mahon, 37, of Townline Road, Bergen, is charged with felony DWI, failure to keep right, leaving the scene of a property damage accident and refusal to take breath test. Mahon's vehicle reportedly left the roadway and went into a field on Route 98 in Elba at 9:48 p.m., Monday. The accident was investigated by Deputy James Diehl and Sgt. Greg Walker.

Kimberly E. Stack, 34, of 3 Morton Ave., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Stack was stopped on Ellicott Street at 10:32 p.m., Monday, by Officer Chris Camp after police received a report of an erratic driver.

Batavia PD is looking for the public's assistance in identifying the subject of this photo. It's related to an unspecified incident at Batavia Downs.

Anybody with information to share can contact Officer Marc Lawrence, mlawrence@batavianewyork.com.

Some time between Thursday and Monday burglars broke into the former Jell-O building in Le Roy and stole electrical items, according to the Le Roy Police Department.

Investigators are seeking the public's assistance in uncovering leads to help solve the crime.

The building is located at 57 North St.

According to investigators, a person or persons forced entry into the building some time over the long holiday weekend.

Anyone with information related to the crime or who may have seen people lingering in the area of Myrtle Street are asked to contact the Le Roy PD at 768-2527.

Stephen Christopher Ward, 22, of Broadway Road, Darien, is charged with driving while ability impaired by drugs, speeding and inadequate headlights. Ward was stopped at 9:45 p.m., Monday, on Angling Road in Pembroke by Deputy Matthew Fleming.

Alexandria Claire Pisarek, 19, of Fisher Road, Oakfield, is charged with petit larceny. Pisarek is accused of stealing fentanyl patches (pain medication) belonging to another person.

Investigators believe they have identified a possible suspect in Friday's robbery of a Five Star Bank in Pavilion, according to Deputy Chief Jerome Brewster.

"We remain very optimistic that we'll be able to solve this," Brewster said.

According to Brewster, there are some "common denominators" with prior bank robbers in Rochester and Geneva, and the Sheriff's Office has been working with those agencies to piece together evidence.

There may be DNA evidence and fingerprints to link the crimes with a suspect, Brewster said, but investigators are waiting on lab results.

As for the quality of the surveillance pictures released to the media, Brewster said the actual video from the bank is excellent quality. The problem with the still pictures released has to do with conversion of digital video to digital images.

Brewster said investigators have equipment to improve image quality and that Genesee Community College has state-of-the-art equipment if needed. But in this case "it isn't needed," Brewster said, because investigators already believe there is an identifiable suspect.

If there wasn't a good chance at solving the case, Brewster said, he might consider releasing the video or obtaining better quality still pictures from the video.

Chad Allen Irowin Wilbert

As the result of an investigation by the Local Drug Enforcement Task Force, two suspected drug dealers from Batavia were arrested Sunday night.

Taken into custody following a traffic stop at 8:50 p.m. were Chad A. Allen, 33, of West Main Street, and Irowin Wilbert, 53, of West Main Street.

Both men are charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, and criminal use of drug paraphernalia, 2nd.

The men were stopped on Ross Street at the intersection with Miller Avenue, Batavia.

A search of the vehicle allegedly uncovered a quantity of crack cocaine with an estimated street value of $1,000 along with alleged crack pipes and more than $550 in currency.

Allen and Wilbert were jailed without bail.

Assisting in the investigation were uniformed deputies, State Police and the District Attorney's Office.

Milton H. Simmons III, 29, of 75 Franklin St., Batavia, is charged with criminal possession of a controlled substance, 3rd, and attempted escape, 1st. Simmons was arrested after police responded at 11:53 p.m., Friday, to a report of a fight involving a knife in the parking lot of a business on West Main Street, Batavia. Police conducted a search of a vehicle reportedly belonging to Simmons and allegedly found 44 glassine bags of crack cocaine. Simmons was arraigned in Batavia City Court and ordered held on no bail. As police transported Simmons from the courthouse to the jail, Simmons allegedly tried to escape and had to be restrained with the assistance of deputies at the court facility.

Zachary Jordan Ayres, 18, of Oak Street, Batavia, is charged with grand larceny, 4th. Ayres is accused of stealing approximately $1,300 in jewelry from a woman in Byron and selling the items to a business in Batavia.

Anthony C. Privitera, 19, of Mill Street, Le Roy, is charged with DWI, driving BAC of .08 or greater, unsafe start, failure to keep right, open container in a motor vehicle and unlawful possession of alcohol by a person under age 21. Privitera was stopped Sunday in the Village of Le Roy by Le Roy PD.

Kimberlin D. Lester-Benjamin, 49, of Carl Street, Buffalo, is charged with petit larceny. Lester-Benjamin is accused of stealing $89.95 in merchandise from Target.

Kenneth Merville Nobles, 66, of Genesee Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and speeding (72 mph in a 55 mph zone). Nobles was stopped at 6:13 p.m. Saturday on Route 19, Le Roy, by Deputy Brad Mazur.

Jamie Scott Scholonski, 39, of Vine Street, Batavia, is charged with petit larceny. Scholonski is accused of stealing $632 in quarters from a residence in Pavilion.

Nicholas M. Lyons, 31, of 112 State St., Batavia, is charged with criminal contempt, 2nd. Police responded to a report of a domestic disturbance on State Street at 11:40 p.m., Friday, and found Lyons allegedly in violation of a "stay away" order involving another person. Lyons was jailed on $2,500 bail.

Daniel F. Orlando, 29, of 555 E. Main St., Batavia, is charged with harassment, 2nd, and obstructing governmental administration. Orlando is accused of physically obstructing police while officers were investigating an incident at Orlando's residence. Orlando was jailed on $3,000 bail.

Timothy L. Taylor, 37, of 655 Ellicott St., Batavia, is charged with assault, 3rd. Taylor is accused of assaulting another person following an argument. Taylor was jailed on $5,000 bail.

Daniel Lee Ward, 25, of Oak Orchard Road, Albion, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Ward was arrested following investigation into a motor-vehicle accident on Fisher Road, Oakfield, at 1:48 a.m. March 3.

Adam C. Hegge, 31, of 14 Overlook Drive, Batavia, is charged with felony DWI and driving with a BAC of .08 or greater. Hegge was arrested Friday by Officer Dan Coffey following a report of a suspicious vehicle in the Batavia Cemetery.