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Grand Jury Report: Man accused of trying to injure state trooper with car

By Howard B. Owens

James A. Klotzbach is indicted on charges of attempted assault on a police officer, endangering the welfare of a child and driving while ability impaired by drugs. Following a pursuit by police, with a child in the car, Klotzbach allegedly attempted to drive his car into the patrol car of a state trooper with the intention to cause serious injury to the trooper. Klotzbach was allegedly under the influence of drugs at the time.

Gail P. Rumble, AKA Gail P. Montondo, is indicted on two counts of identity theft in the second degree, three counts of identity theft in the third degree and five counts of criminal impersonation in the second degree. Rumble is accused of using the identity and credit of other people to obtain services from Time Warner, National Fuel and National Grid.

Brent M. Semmler is indicted on a felony charge of DWI. Semmler is accused of driving drunk Dec. 18 in Le Roy.

Rusty E. Vanson is indicted on charges of felony DWI and felony driving with a BAC of .08 or greater. Vanson was arrested Oct. 23 in the Town of Alexander on Bowen Road for allegedly driving drunk.

Law and Order: Woman accused of using landlord's vehicle without permission

By Howard B. Owens

Amanda Marie Putnam, 25, of Selden Road, Le Roy, is charged with unauthorized use of a motor vehicle. Putnam is accused of using her landlord's vehicle without permission and then being involved in a motor vehicle accident while driving the vehicle.

Jonathan Paul Bouter, 28, of Oak Orchard Road, Elba, is charged with aggravated unlicensed operation, 3rd. Bouter was arrested on a warrant for the charge out of Corfu Village Court. He was jailed on $500 cash or $5,000 bond.

Grand Jury indicts woman accused of punching Walmart employee on two felony counts

By Howard B. Owens

A 26-year-old Batavia woman accused of punching a 70-year-old Walmart employee during a busy Christmas Eve shopping day has been indicted on two felony counts by a Genesee County Grand Jury.

Jacquetta B. Simmons, of 106 Ellsworth Ave., Batavia, is indicted on two charges of assault in the second degree.

Simmons will be arraigned April 12 on the charges in county court by Judge Robert C. Noonan.

The two Class D felony charges carry potential prison terms -- for a person with no criminal history, as is the case with Simmons -- of from two to seven years.

Simmons was arrested Dec. 24 after reportedly being followed out to her car by a number of Walmart shoppers, who prevented her car from leaving the parking lot.

According to witness reports, Simmons hit Grace Suozzi hard enough to knock her 10 feet across the floor. Souzzi suffered fractures in her face.

Suozzi reportedly asked Simmons for a receipt for a bag of merchandise prior to being hit.

Buffalo attorney Earl Key has suggested there may be additional circumstances to the case that haven't come out yet.

One of the assault charges against Simmons stems from a law passed in 2008 making it a felony to assault and cause injury to a person 65 or older. Simmons is the first person in Genesee County charged under the relatively new law.

Besides having no criminal history, Simmons is a college graduate with strong ties to the community.

She remains out of jail on $40,000 bond, reportedly posted by her parents.

The story of the alleged assault gained national media attention after first being reported by The Batavian.

Man involved in Batavia business burglaries serving time in state prison

By Howard B. Owens

A man involved in commercial burglaries in Batavia is already serving four-and-two-thirds to 14 years in state prison based on a similar conviction in Wyoming County, and in Genesee County Court today, he was given an identical sentence by Judge Robert C. Noonan.

The four-and-two-thirds to 14 years imposed by Noonan will be served, according to state sentencing guidelines, concurrent to the Wyoming County sentence, which was imposed a month ago.

Noonan was prepared to tack on a couple more years to the sentence of Michael A. Ames, 19, of 508 Dale Road, Dale, but couldn't do it, so he gave him the maximum term available to be served while Ames serves his Wyoming County sentence.

Ames was arrested in September after a video posted on The Batavian helped lead investigators to Ames and Trevor M. Pilc, 18, of 404 Jackson St., Batavia, as suspects.

The duo was accused of breaking into several area businesses.

For Ames, according to his attorney William Harper, the crime spree represented just four months out of his life and was driven mainly by a recent drug addiction.

Harper argued for the minimum sentence available citing a troubled childhood for Ames, which included being reported as a neglected child five times, foster homes and a serious learning disability.

Warrant issued for admitted burglar who didn't show up for sentencing

By Howard B. Owens

A warrant has been issued for the arrest of an admitted burglar who failed to appear for his sentencing in county court today.

Benjamin W. Muntz, 22, of 6966 Knowlesville Road, Basom, entered guilty pleas Jan. 4 to burglary, 3rd, and grand larceny, 4th.

Attorney Thomas Burns said Muntz hasn't been seen nor heard from since early March and his family doesn't seem to know his whereabouts.

Progress in rehabilation gives young man a chance to avoid prison

By Howard B. Owens

With supportive friends and family in the courtroom, and a letter of support from an officer of the law he assaulted, 22-year-old Craig A. Tiberio-Shepherd, was given a second chance in county court today.

Tiberio-Shepherd, facing up to four years in prison, was sentenced to five years probation by Judge Robert C. Noonan.

Previously, Tiberio-Shepherd admitted to assault, 3rd, criminal possession of a controlled substance, 4th, and felony DWI.

Twice -- in July and in November -- Tiberio-Shepherd appeared before the judge with Noonan prepared to send the Le Roy resident to state prison. But those sentencing hearings were delayed and Tiberio-Shepherd continued on in substance-abuse programs, enrolled in college and held down a job.

"The significance in not sending you to state prison tells me that you've climbed a very, very high hurdle to be here today and be in a position to get probation," Noonan said.

A member of the Local Drug Enforcement Task Force who suffered minor injuries in a scuffle with Tiberio-Shepherd in April initially told the court the young man should be sent to prison, but after meeting with Tiberio-Shepherd the detective wrote to Noonan and said he supported the recommendation for probation.

Tiberio-Shepherd has been attending Genesee Community College and getting good grades. He plans to enroll at Buffalo State University in the fall.

Noonan also received letters of support from several people in the community and the pre-sentence report by Genesee Justice recommended probation.

In all, Tiberio-Shepherd was sentenced to five years probation each on the drug charge and the DWI conviction, and  three years probation on the assault.

He faces repayment of fines and restitution, plus his driver's license was revoked.

"I've noticed he hasn't gotten all cocky about his treatment progress and he seems to accept the fact that this is something he is going to have to work hard doing for a long period of time, which is not only sobriety, but criminal-free living, which he intends to do," said his attorney, Thomas Burns.

In a brief statement to the court, Tiberio-Shepherd, thanked Noonan for the chance to turn his life around.

Le Roy meth maker faces up to 10 years in prison after guilty plea in federal court

By Howard B. Owens

A Le Roy man accused in March 2010 of manufacturing methamphetamine using a potentially dangerous process is facing up to 10 years in federal prison after pleading guilty Monday.

Nicholas P. Sadwick, 24, of 345 Sandybrook Drive, Le Roy, entered a guilty plea in federal court to unlawful possession of materials which may be used to unlawfully manufacture a controlled substance.

At the time of his arrest, Sadwick admitted to police that he was attempting to manufacture crystal methamphetamine via a “one pot” method.

Investigators, after executing a search warrant on his home and vehicle, found a baggie and mason jar which contained a clear liquid that was found to contain methamphetamine.

Outside the residence, officers seized discarded lithium batteries, old cold medicine boxes and “Icy Hot” packs which had been ripped open.

Federal authorities said these items are common materials used in the production and clandestine manufacture of methamphetamine.

Additionally officers seized a “Mountain Dew” bottle with a hole in the cap with plastic tubing coming out of the hole likely used as a gas generator and is used in an essential step in making meth.

A year ago, Deputy Chief Jerome Brewster characterized the method being used by Sadwick and his alleged partner was "particularly danagerous."

Sentencing is scheduled for 12:30 p.m., July 2, in Buffalo.

No bail set for woman seriously hurt in accident while on probation

By Howard B. Owens

A Batavia woman still suffering from serious injuries following an accident March 8 in Batavia won't get out of jail any time soon to help her recovery, Judge Robert C. Noonan ruled today.

Michelle T. Crawford, 26, of 7963 Batavia Stafford Townline Road, had her jaw wired shut following the accident, but Noonan said that given her legal status at the time of the accident, he couldn't see setting a bail amount for her.

Crawford was on probation stemming from a DWI arrest in Erie County and had already been convicted once of a probation violation.

She appeared before Noonan days before the accident, having completed one substance abuse program and was awaiting an open bed in another treatment program.

"She committed to me that she had seen the light and was all rehabilitated and ready to get on with a clean life," Noonan said. "She expressed on the record that if she was allowed to stay at liberty until we could find a bed or another treatment program she would stay clean."

Noonan continued the case pending sentencing on the probation violation until 9:30 a.m., April 16.

Assistant District Attorney William Zickl said Crawford was operating on a suspended license at the time of the accident and he has been told by investigators that she had alcohol and a small amount of cocaine in her system at the time of the accident.

She may be facing multiple felony charges, though the Sheriff's Office has not yet completed its investigation.

When Noonan said he wouldn't let Crawford out of jail, she turned and looked at her parents and boyfriend in the gallery and started to cry just a bit.

Crawford didn't speak during the hearing.

Her attorney, Lackawana-based Louis Violantin, pleaded with Noonan for a lower bail to help his client be better prepared for what may come next.

"The court may be hesitant to set reasonable bail," Violantin said. "It's imperative that we do get her help because she's ailing right now and certainly jail is not a hospital. Michelle needs to get herself well physically right now in order to be able to go through anything else."

Higher bail set for woman accused of stealing more than $300,000 from elderly victims

By Howard B. Owens

A Batavia woman accused of defrauding elderly Genesee County residents of more than $300,000 was in court today for a bail review hearing and sat in her chair and sobbed through the entire proceeding.

Heidi L. Schollard, 161 Bank St., Batavia, had her bail adjusted by Judge Robert C. Noonan upward to $50,000 cash or bond.

Her original bail set in a lower court was $25,000. She is in the custody of Genesee County Jail, but being held in Livingston County Jail, which has facilities for women inmates.

Schollard was initially arrested in December 2010 for allegedly stealing about $250,000 from a Batavia resident and that case is still pending.

She was out of jail during the proceedings in that case and was arrested again earlier this month and accused of defrauding another elderly person. The alleged victim in this case is a resident of Alabama.

In both cases, Schollard was reportedly a care giver for the victims.

Schollard is accused fraud and filing false tax returns. 

The charges against Schollard include two counts of criminal tax fraud, 3rd, two counts of grand larceny, 3rd, one count of grand larceny, 4th, 13 counts of offering a false instrument for filing, five counts of forgery and 10 counts of falsifying business records.

Law and Order: Pembroke couple accused of growing marijuana in 2010

By Howard B. Owens

Edwin L. Stancliff, 32, of Alleghany Road, Pembroke, and Adrienne F. Yocina, 31, of Alleghany Road, Pembroke, are charged with unlawful growing of cannabis and criminal possession of marijuana, 5th. Both charges are misdemeanors. Stancliff and Yocina were allegedly found growing cannabis on their property and possessing marijuana in excess of 25 grams during an investigation of an incident at 8:20 p.m., Aug. 13, 2010.

Tammy Marie Chojnacki, 40, of Pike Road, Batavia, is charged with felony DWI and felony driving with a BAC of .08 or greater. Chojnacki was arrested by Deputy Matt Fleming at her residence following an investigation at 9:24 p.m., Saturday, into a reported domestic incident in her car.

Jesse Stephen Stocking, 24, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater and speeding. Stocking was stopped on Route 33 in Pembroke at 4:46 p.m., Saturday, by Deputy Matt Fleming.

Robert Jeffery Curry, 22, of Dillon Road, Pavilion, is charged with unlawful dealing with a child. Following a complaint to the Tip Line at 1:02 a.m., Saturday, Curry was arrested for allegedly hosting an underage drinking party at his residence.

Christopher Willard Logsdon, 24, of Big Tree Road, Pavilion, is charged with unlawful dealing with a child. Following a complaint to the Tip Line at 12:23 a.m., Saturday, Curry was arrested for allegedly hosting an underage drinking party at his residence.

Cody Allen Eaton, 22, of Main Street, Attica, is charged with DWI, driving with a BAC of .18 or greater and speeding. Eaton was stopped at 1:54 a.m., Saturday, on Pearl Street Road, Batavia, by Deputy Howard Carlson.

John Charles McGrath, 43, of South Main Street, Batavia, is charged with criminal mischief, 4th, resisting arrest and harassment, 2nd.

Lori Ann Brightenfield, 52, of Main Road, Stafford, is charged with aggravated harassment, 2nd. Brightenfield is accused of using a telephone for no legitimate purpose to contact another person she was allegedly told previously not to contact.

Joseph Carl Jeffords, 21, of Swan Street, Batavia, is charged with criminal mischief. Jeffords is accused of driving across the lawn at College Village and while driving across the lawn, intentionally speeding up, leaving ruts. The alleged incident was caught on tape.

Wilson Figueroa, 28, of Conkey Avenue, Rochester, is charged with criminal contempt, 2nd. Figueroa's car was stopped for alleged traffic violations on Route 33, Stafford, and was found to allegedly have as a passenger protected by an active stay away order.

Stephen D. Reamer, 53, of 76 Gilbert St., Le Roy, is charged with felony aggravated DWI. Reamer was stopped Friday morning in Le Roy by Le Roy Police.

Batavia scrap recycler admits to welfare fraud

By Howard B. Owens

A Batavia resident has admitted in Batavia Town Court that he was working as a self-employed scrap recycler while obtaining social services benefits.

Lee Heckman, 35, of 5 Fairmont Ave., Batavia, entered a guilty plea to one count of attempted grand larceny, 4th.

Heckman admitted to obtaining $2,176 in temporary assistance and food stamps from DSS under false pretenses from March 2011 to July 2011.

As part of his plea, Heckman agreed to pay back DSS the $2,176 by the time he is sentenced on June 25. He is disqualified from further public assistance through DSS.

Heckman is out of jail and under the supervision of Genesee Justice.

Benefit in Alabama raises funds for man who was brutally assaulted in Rochester

By Howard B. Owens

Photo: Randy Tonner Jr., Maddos, 6, and Maddox's mother, Michele.

Randy Tonner Jr., hasn't worked since July 2.

That was the night he was brutally attacked on a street in Rochester that put him the acute brain injury unit at Strong Memorial Hospital for more than a month.

At the time, Tonner was a single parent raising his 6-year-old son, Maddox, living and working in Rochester. He was an independent contractor, installing flooring for Sherwin Williams.

With no employer-provided insurance, he's had no means to care for himself or his son and had to give up custody of Maddos and move back to Oakfield.

Today, the community rallied around Tonner with a fundraiser at the American Legion Hall in Alabama, which featured a chance auction and a beef on weck lunch.

"People have been great," Tonner said. "The show of support, not just for me, but for my family, has just been fantastic."

Tonner was living on Park Avenue the night he walked by 25 Park Ave. with friends at about 2 a.m.

There was a group of people having a party on the porch and some sort of scuffle ensured.

Tonner's father, Randy Tonner, said the detective described it as something relatively minor, like you might find on any college campus on a Friday or Saturday night.

Seconds after it broke up, a man sucker punched Randy Jr. from behind.

"The dectective said it was the sucker punch of all sucker punches," Randy Sr. said. "From the tape (there was a surveillance system installed at the house), you could see he was out before he hit the ground. His head hit the cement and then another man came up and kicked him in the head."

A woman rushed to Randy Jr.'s aid. When police arrived, they found him lying beside the road in a pool of his own blood.

Two men were arrested, Justin Cropo and Nicholas Vitale, and a grand jury indicted them on a count each of assault in the second degree. The men are awaiting trial on the charges. (In an interesting footnote on the case, another man at the scene who looks like Vitale, and actually came to Randy's aid, was arrested initially, but the charges were dropped).

Randy Jr. said as far as he can remember, he's never met either of the men before.

After being released from the hospital, Randy Jr., has been on anti-seizure medication and his father said his main issue is the lack of mental endurance to work a full day.

He should be able to work again some day, but doctors are unsure when. After his next doctor's visit, they hope he will be cleared for part-time work.

"If you ask me, from the second I got out of the coma I wanted to go back to work, but I don’t know, whatever the doctor says," Randy Jr. said.

The damage to Randy's brain has forced him to learn to read again and he also lost sight in one eye.

His father said today's fundraiser was really an emotional event for him and he was especially grateful to Ron Sessaman, who has a history of organizing fundraisers in the community and arranged this one.

"For him to take the time for these people to come out here, I get choked up," Randy Sr., said. "It just touches the heart more than you can know. It’s just so, so special.  I think this also great for Randy. This keeps his strength, because this is hard. This keeps his attitude up."

Individuals who wish to make a donation to Randy Tonner, which are aimed at just helping him meet basic living expenses until he can return to work, can call Sessaman at (585) 734-7998.

Law and Order: Rochester resident accused of violation stay away order

By Howard B. Owens

Wilson Figueroa, 38, of Conkey Avenue, Rochester, is charged with criminal contempt, 2nd. Figueroa reportedly was under court order out of Rochester City Court from being with a certain person. During a traffic stop on Route 33, Stafford, at 4:01 p.m., Wednesday, the protected person was allegedly in Figueroa's vehicle.

Aicha Keita, 20, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny. Keita is accused of stealing $206.65 in merchandise from Walmart.

Man involved in standoff with deputies and troopers given at least two years in prison

By Howard B. Owens

A Batavia man who swung a knife at a sergeant from the Sheriff's Office during a two-hour standoff in July will spend two- to six-years in State Prison.

Jody B. Gillette, 50, of 8 Pine Hollow Drive, who has been arrested several times over the years, including two recent allegations of DWI, admitted to Judge Robert C. Noonan that his biggest problem is alcohol.

"I'm a person who drinks and can't shut it down," said Gillette. "It's obvious. And I have anger issues. I should have gone to anger-management classes a long time ago."

Neighbors and friends of Gillette's sent letters to Noonan prior to Tuesday's sentencing urging a non-prison sentence, telling Noonan that Gillette is a very nice person when he's not drinking.

Sgt. Thomas Sanfratello made a victim statement and said Gillette was alternately calm and dangerously angry during the two-hour standoff in the trailer park July 26. He said eventually officers were able to deploy a Taser, which slowed Gillette down, but Gillette almost got back on his feet before he was apprehended.

"He's been on a downward spiral and somebody who is a danger to himself or others when he is drinking," Sanfratello said. "He is a threat to society and deserves incarceration for the maxium period of time."

Gillette said he first got into trouble in 1975 when he was consuming marijuana and alcohol. He was arrested for buglary and put on probation, which he soon violated.

"I was young and rebellious," Gillette said.

Eventually, Gillette went to college, completed parole, and after his second DWI arrest realized he couldn't even have one drink of booze. He said he was clean and sober for more than a decade.

Then he was laid off, lost his house, lost his long-time girlfriend and became angry and depressed, he said.

Assistant District Attorney Melissa Cianfrini said to this day his mobile home roommates don't know why Gillette became angry that day, but Gillette accused both of them of not paying rent and one of them of eating his dinner that evening.

At one point turning the standoff, Gillette waved a sword and assumed a samurai stance, threatening Deputy Chad Minuto.

Public Defender Gary Horton said that Gillette has shown that he can stay sober for a lengthy period of time and should be given a chance at rehab.

Noonan said if Gillette was accused of purely an alcohol-related offense, such as DWI, he might take into consideration his periods of sobriety, but given the seriousness of the events in July, a term in prison was appropriate.

"This very easily could have ended up in a terrible tragedy," Noonan said.

Gillette still has two pending DWI charges, including one stemming from a rollover accident in February 2011.

Man who plunged victims into 'dark place' given 14 years in prison for sexual abuse

By Howard B. Owens

The mother of two girls who were sexually abused told Judge Robert C. Noonan today how the man who victimized them had potentially ruined their lives.

"His abuse has cast a shadow that is the length of a lifetime," the woman said.

Both the woman and her two daughters asked Noonan to give the abuser the maximum 14-year sentence available under the law, and that's just what Noonan did.

Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, will serve two consecutive seven-year terms in prison after completing his current term on a prior sexual abuse conviction.

On Jan. 26, Dioguardi was convicted by a jury of using force to have sex with a child age under age 11.

Dioguardi tried to convince Noonan that he wasn't a monster and that a minimum sentence would give him a chance to get out into society and prove he could live a normal life.

Sexual abusers and rapists, Noonan explained, aren't the people who look homeless and creep out of bushes. They are often people the victims know.

"The fact is, you are intelligent, you are well-spoken, you are charismatic, you are loved by your people, but the fact that you are that kind of person and would commit the kind of crime that brought you here today does make you the kind of monster they (the prosecution and the victims) say you are."

One of the sisters who was victimized by Dioguardi said she is slowly learning to put her life back together, but the crime hasn't been easy on her sister.

"He's put her in a very dark place and I can't get her back," the girl said. "It makes me very, very mad."

The girl explained how even on tests when she comes across the name Tony or Anthony, she scribbles it out. She can't even stand to see the name, no matter what it might cost her in test scores or anything else.

"I call him a scumbag now because that's how I view him," she said. "He ruined my sister's life. He deserves to hear what he's done. I hope everything I say is getting into his brain because he deserves to hear it."

The girl said she hopes someday to have a job that will help victims of sexual abuse. Her mother later said the girl has said she hopes to go into law enforcement some day.

Dioguardi, shackled and in state prison garb, sat stone-faced and didn't move as his victims spoke.

"There is no amount of remorse I can express to tell you how sorry I am," Dioguardi said when it was his turn to speak. "I know it's my fault. I want them to know it's not their fault. It's mine."

Noonan said Dioguardi sounded only sorry to the point that he wanted to get a shorter prison term.

The mother of the victims said she wanted a sentence suitable to the crime.

"If I could have it my way, this useless pathetic excuse for a man would be put away forever and in darkness like my daughters have been in," she said.

Batavia woman accused of stealing from elderly women and tax fraud

By Howard B. Owens

A 40-year-old Batavia resident is facing multiple tax fraud, grand larceny and forgery charges following a joint investigation by the State Police and the Department of Taxation and Finance.

Heidi L. Schollard, of 161 Bank St., is being held on $25,000 bail.

Schollard is accused of stealing money from two elderly women whom she cared for and filing false tax returns.  Schollard also allegedly received NYS benefits while employed.

The charges include two counts of criminal tax fraud, 3rd, two counts of grand larceny, 3rd, one count of grand larceny, 4th, 13 counts of offering a false instrument for filing, five counts of forgery and 10 counts of falsifying business records.

Law and Order: Pulling in and out of driveways in Corfu precedes DWI charge

By Howard B. Owens

Jason William Wolf, 36, of Hutchins Street, Batavia, is charged with felony DWI, driving with a BAC of .18 or greater, unlicensed operator and aggravated unlicensed operation, 1st. Deputy Kevin McCarthy was reportedly on routine patrol in the Village of Corfu at 3:51 a.m. Sunday when he observed a vehicle pulling randomly into driveways. Wolf was arrested following further investigation.

Jessica M. Miller, 18, of South Pearl Street, Oakfield, is charged with harassment, 2nd. Miller is accused of hitting another person during a dispute.

Evan Ryan Anderson, 30, of 2832 Pearl St. Road, Batavia, is charged with operating while ability impaired by drugs. Officer Darryle Streeter responded to a report at 3:43 a.m. Saturday of a person passed out behind the wheel of a car with its engine running at 419 W. Main St. Anderson was allegedly found at the wheel of the car.

Daniel Jeffrey McGiveron, 26, Phelps Road, Basom, is charged with criminal possession of a controlled substance, 7th. During an unrelated investigation at 9:50 p.m. Saturday in Oakfield, McGiveron was allegedly found in possession of suboxone. Deputy Brian Thompson was assisted by K-9 "Pharoah."

Jessie Lee Jackson, 27, of Byron Holley Road, Byron, is charged with criminal mischief, 4th, and harassment, 2nd. Jackson was reportedly involved in a domestic incident in which he allegedly struck a vehicle with a skateboard and hit a person in the side of the head with his hand. Jackson was jailed on $800 bail.

Alexandra R. Wood, 21, of 8193 McCall Road, Le Roy, is charged with DWI, unsafe start and failing to yield the right of way. Wood was stopped at 2:14 a.m. Friday on Myrtle Street by Sgt. Michael Hare. Wood allegedly refused to submit to a breath test.

Sheriff's Office pleased with results of DWI checkpoints that netted two arrests

By Howard B. Owens

In one of the first-of-its-kind "enhanced" DWI check points in the state Saturday night, only two people were arrested for driving under the influence of drugs or alcohol.

Local law enforcement is considering that a success, according to Chief Deputy Gordon Dibble.

"The fact that people know we're out there helps," Dibble said. "A lot of people say, 'why put out a press release and let people know what you're doing,' but the whole idea is to cut down on drinking and driving."

The program was funded by a grant from the governor's office and was designed to make it harder for people to avoid the checkpoints.

The checkpoints were set up in three different locations -- all in the City of Batavia -- during the course of Saturday night, and extra patrols were in the area looking for people who might be trying to avoid the checkpoint.

When the checkpoints were moved, the patrols involved would engage in a period of saturation patrols looking for drunken drivers before the next checkpoint was set up.

Le Roy PD participated Saturday with extra DWI patrols in the village.

"Only 1 percent of DWI arrests come at checkpoints," Dibble said. "But what they do is raise public awareness as much as anything else."

The vast majority of people, Dibble said (as well as officers on scene Saturday night) were cooperative and even thanked officers for the extra effort to get drunken drivers off the road.

One misconception about the enhanced checkpoints that Dibble clarified is what conduct will lead an officer to stop a car.

Merely turning down a street prior to a checkpoint is not necessarily enough reason to stop somebody.

Dibble said there is case law dealing with the these kinds of stops. In one case, a car turned into a parking lot of a closed business prior to a checkpoint. That stop was upheld by the courts. In another case, a car turned down a street prior to a checkpoint and that case was thrown out.

"It makes a lot of sense to me," Dibble said. "What we tell our patrols is we want probable cause to pull somebody over anyways. Turning may warrant a closer look to see how they're driving, but we're going to look for how you are driving, how you're making a turn and do you appear like you should be on a highway."

During the course of Saturday night, the Sheriff's Office and Batavia PD set up roadblocks on Clinton and Oak streets, and Ellicott Street just west of Cedar Street.

Arrested on Saturday were Dale R. Maxwell, 51, of Hamilton Street, Albion, and Aaron R. Rodger, 23, of Ellicott Road, Caledonia.

Maxwell was charged with DWI, driving with a BAC of .08 or more and consumption of alcohol in a motor vehicle.

Rodger was charged with driving under the influence.

Additionally, 26 citations were issued, including citations for operating while registration suspended, unlicensed operation, expired inspection, consuming alcohol in a motor vehicle, unregistered motor vehicle, uninsured operation, uninspected motor vehicle, inadequate headlights, tinted windows, aggravated unlicensed operation, 3rd, and failure to yield right of way.

The governor's grant covers three more enhanced checkpoints this summer.

Dibble said the Sheriff's Office considers them a good idea and will continue to run them on high profile weekends when they can do the most good.

"It's all about keeping our highways safe for the people," Dibble said. "We want people to have a good time and to get home safely. That can easily be done with a little forethought and a little planning ahead."

Two youths shooting geese in the Oatka Creek, Le Roy

By Billie Owens

Two youths are reportedly shooting geese in Oatka Creek with a pellet gun from the creek bank off Munson Street in Le Roy. Some birds have been killed or injured and are floating downstream. Le Roy police are responding.

Batavia man accused of getting food stamps while earning money selling scrap metal

By Howard B. Owens

A 35-year-old Batavia resident has been charged with grand larceny for allegedly making false claims with the Department of Social Services.

Lee Heckman, of 5 Fairmont Ave., is accused of submitting various forms with DSS that concealed income from a scrap recycling business.

Heckman allegedly received food stamp benefits totaling $600 from March 2011 through July 201, as well as temporary assistance totaling $1,576.13.

Following arraignment in Town of Batavia Court, Heckman was jailed without bail.

Besides the grand larceny, 4th, charge, Heckman is also charged with two counts of offering a false instrument for filing.

Cases of suspected welfare fraud can be reported by calling 344-2580, ext. 6417 or 6416. All calls are confidential.

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