crime

Lance Engel

Three Batavia men, including two city firefighters, who are accused of operating an illegal gambling operation, are being released from jail this afternoon following a bail review hearing in city court.

All three entered not guilty pleas to the charge of criminal possession of gambling records, a Class E felony.

Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, were arrested Thursday following a six-month investigation.

The trio was initially arraigned Thursday and Justice Robert Balbick was required, because of the felony charge, to order them held in Genesee County Jail without bail pending a report by Genesee Justice of their bail status.

The report on all three recommended, because of their strong ties to the community, that they be released on their own recognizance.

Attorney Larry Andolina is representing Phillips. Asked what he made of the charges, he replied to a reporter, "Are you looking for something other than dumb?"

He added, "I think prosecuting somebody for gambling in New York State is at best, dumb. As I was leaving the Sheriff’s department today, there’s a sign with an arrow that says 'Batavia Downs Race Track and Casino' and it points that way. If you drive down that way, there’s lottery tickets on every corner, there’s Power Ball every where, I just don’t understand it."

Phillips is a longtime resident with extended family in the area. He's married with children and owns his home. He's worked for the city 17 years.

Phillips is also accused of possessing a small amount of cocaine and is charged with criminal possession of a controlled substance, 7th.

Bordinaro is married, too, with one child at home and he's a homeowner. He's been employed by the city 18 years.

Engel has a wife and three children, owns his home and has been employed by the state for 17 years.

The alleged bookies had several friends and family members in the courtroom during the hearings.

Anolina explained that under state civil service law, the two city firefighters will stay on the payroll until the department files charges. Once charges are filed -- this is a process outside the judicial system -- the department will have 30 days to hold a disciplinary hearing or reinstate their pay.

The Rochester-based attorney reminded reporters that "suspects are innocent until proven guilty."

"These are good people," he said. "They are good men. We’re not dealing with people who are bad people. They are good family men."

COMING: The Sheriff's Office conducted a press conference this afternoon. We'll post a separate story on that later.

A 49-year-old man who participated in a residential burglary at the alleged prompting of an associate pled guilty this morning after some discussion about whether he clearly understood the charges against him.

Frederick H. Robidoux Jr., 49, was spotted along with his alleged accomplice, Eric P. Doleman, 41, breaking into an apartment at 10 Maple St., Batavia, in the early morning hours of Dec. 29.

The occupant of the apartment, Edward R. Freida, had recently been arrested on drug charges and Doleman allegedly knew Freida was in jail and that he had coins and other property of value.

Robidoux initially claimed this morning that he thought Doleman had permission to enter the apartment and that he didn't know his associate would remove items from the home.

Judge Robert C. Noonan informed Robidoux that if what he was saying were true, then he couldn't be convicted of the crime of attempted burglary.

After Robidoux consulted with his attorney, Fred Rarick, District Attorney Lawrence Friedman read from a statement Robidoux made to Batavia detectives when he was arrested.

In the statement, Robidoux said Doleman had told him about an easy way to get money and that he stood outside the apartment while Doleman climbed through a window.

At that point, Robidoux said he better understood what he was being asked to admit to in order to plead guilty.

As a prior felony offender, Robidoux is facing from three to seven years in prison.

In 1999, he was convicted in Livingston County of sodomy.

Robidoux will be sentenced at 9:30 a.m., April 19.

A 45-year-old Bergen resident accused of being a child sex predator is facing a possible sentence of life in prision after pleading guilty this morning to a single Class A-II felony.

The minimum possible term for Stephen Irvine Stone is 10 years to life in prison, and the maximum mandatory sentence is 25 years to life.

Stone entered his guilty plea unconditionally in exchange for prosecutors not pursuing additional charges -- either those he's already been accused of, or others that might come from further investigation.

Stone was arrested on the first group of charges at the end of December, when he was accused of sodomy, 1st, rape, 1st and criminal sexual act, 1st. The charges stemmed from acts going back to 1997.

New charges were added in January when Stone was accused of predatory sexual assault against children, criminal sexual act, 1st, and criminal sexual act, 2nd.

In Genesee County Court today, Stone admitted to a sexual act with a child 13 years or younger.

As part of the plea deal, Stone agreed to provide the mother of his children with a power of attorney to sell his property for the benefit of the household.

Sentencing is set for 1:30 p.m., April 19. He remains jailed without bail pending sentencing.

UPDATED 10:07 a.m.

UPDATED 9:12 a.m.

Authorities report they have broken up an illegal gambling operation in the city that was being run by three men, including two city firefighters.

The trio was allegedly involved in running sports books, according to Sheriff Gary Maha.

Maha said investigators seized gambling records, computers and mobile phones.

"We won't know the extent of the operation until these are analyzed," Maha said, but he said investigators believe the client list was extensive.

The firefighters allegedly involved were possibly accepting bookmaking calls on their mobile phones while on duty at the city fire hall, Maha said.

The three men, who all live in Batavia, were charged with criminal possession of gambling records, a Class E felony. They were arraigned in city court and jailed without bail.

Firefighter Gregory Phillips, 39, of Belvedere Lane, was also charged with criminal possession of a controlled substance, 7th, after investigators allegedly found a small amount of cocaine during a search of his residence.

The other city firefighter charged was Brian Bordinaro, 43, of Prospect Avenue.

Also arrested was Lance Engel, 41, of Wade Avenue.

Investigators executed a total of four search warrents -- one on each suspect's home, and one on the lockers at the fire hall of the two city firefighters.

Phillips and Bordinaro were suspended from their jobs. Under NYS civil service law, they will continue to receive their salaries until the investigation is concluded.

The arrests were the culmination of a six-month investigation by the Local Drug Enforcement Task Force along with the Batavia PD, the Sheriff's Office and the District Attorney's Office. Maha said City Fire Chief Jim Maxwell and city administration cooperated in the investigation.

City Manager Jason Molino's office released a statement saying when city officials became aware of the alleged gambling operation, law enforcement was informed, which led to the investigation.

UPDATE 1:55 p.m.: Lance Engel is also a public employee, according to state records. He works as a cook at the Western New York Veterans Home in Batavia.

(The Batavian's news partner, WBTA, assisted in coverage of this story.)

Three Genesee County residents -- including one who was previously accused by the feds of distributing methamphetamine but had the charges dropped -- were indicted today and accused of being part of a Hells Angels meth distribution ring that stretched from California to New York.

Donna L. McAuley (aka Donna Boon), 46, of Batavia Oakfield Townline Road, Batavia, was originally accused in July 2010 of being part of a meth distribution ring led by 47-year-old Donald G. Vanelli, of Le Roy.

Vanelli is serving a 17-and-a-half year federal prison term after pleading guilty to procuring from suppliers and distributing between 5 and 15 kilograms of methamphetamine from 2004 through July 2010.

But McAuley's charges were eventually dropped and in July 2011 she proclaimed her innocence.

Today, McAuley was charged with possession with intent to distribute, and distribution of, 50 grams or more of methamphetamine between April 2010 and July 9, 2010. The charge carries a mandatory minimum sentence of five years in prison, a maximum sentence of 40 years in prison, and a $2,000,000 fine.

Also charged today was her husband, James H. "Mitch" McAuley Jr., 62, listed as a resident of Oakfield but who's currently confined to Elkton Federal Corrections Facility in Ohio.

The indictment, according to the office of William Hochul, U.S. Attorney for Western New York, is a "superseding indictment," meaning it overrides a previous indictment that accused Mitch McAuley and others of being part of a criminal enterprise involved in drug trafficking and conspiracy to commit murder.

The third Genesee County resident indicted was Gordon L. Montgomery, 53, of Batavia. He is accused of being part of the same meth ring as Donna McAuley and being involved in trafficking 500 grams or more of methamphetamine between 2002 and July 9, 2010.

Also indicted today were alleged Hells Angels President Richard W. Mar, 60, of Monterey, Calif., along with alleged Rochester Hells Angels members Richard E. Riedman, 38, of Webster, Jeffrey A. Tyler, 47, of Rochester, and Paul S. Griffin, 58, of Blasdell.

All are charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. The charge carries a mandatory minimum sentence of 10 years in prison, and a maximum sentence of life in prison, and a $4,000,000 fine.

Previously charged as part of the indictment was alleged Rochester Hells Angels Member Robert W. "Bugsy" Moran Jr., 59, of Rochester. Timothy M. Stone, 31, of Gates, and Gina Tata, 47, of Rochester.

The indictment is the culmination of an investigation by FBI agent Christopher M. Piehota, New York State Police under the direction of Major Mark Koss and the Rochester Police Department under the direction of Chief James Sheppard. Prosecution is being led by Brett Harvey of the U.S. Attorney's Office.

Federal authorities raided four smoke shops on the Tonawanda Indian Reservation this morning, seizing alleged untaxed cigarettes, synthetic marijuana and bath salts, according to U.S. Attorney for Western New York William Hochul.

Authorities are investigating whether the so-called synthetic drugs were being sold for human consumption, Hochul said.

Sale of products such as K2, Spice and bath salts for human consumption is illegal as an analogue to controlled substances.

"There's been reporting throughout the country on how dangerous these substances are," Hochul said. "Obviously, we want to reduce that danger where we can."

"It's 100 percent a public safety issue," Hochul added. "Whether it comes to bath salts or even untaxed cigarettes, you don't know what's in these substances."

At least one of the smoke shops is also under investigation for alleged sale of counterfeit merchandise, Hochul said.

No charges have been filed, Hochul said. This is an ongoing investigation.

The shops raided were The Rez, Arrow Hawk, Sacajawea and Smoke Rings.

Unrelated, there was also apparently a raid (or raids) this morning in the City of Batavia by members of the Local Drug Enforcement Task Force. There is no more information available at this time on this activity.

A man who took part in a home-invasion attack on a Batavia resident will serve seven years in state prison, Judge Robert C. Noonan ruled today.

It is the longest possible sentence available to Noonan under the terms of a plea arrangement agreed to by Kevin Andrews, 19, of 144 Bank St., Batavia.

Andrews admitted Dec. 19 to taking part in the break-in, which led to a resident of Woodstock Gardens losing his eye.

"If I could go back in time and take back everything that happened, I would," Andrews said. "I was wrong going into that building and into the premises. Whatever is given, I'm going to accept it and do my best to move on in life and make the best of what happens."

Noonan told Andrews that "there are no do-overs in life" saying the crime led to "horrible, horrible consequences."

After Noonan pronounced sentence, a handful of women in the gallery burst into tears. 

District Attorney Lawrence Friedman opened the hearing asking Noonan to impose the stiffest available sentence, saying that in reducing the charge from a felony with a maximum 25-year sentence to one with only a seven-year max, Andrews already received a substantial break.

"I don’t think anyone could argue the claim that it is a horrible crime," Friedman said.

Christopher Preedom, 18, of 21 Holland Ave., Batavia, was accused of actually hitting the victim and causing him to lose his eye. He admitted to attempted assault.

Also allegedly involved in the attack was Timothy Andrews, 21, of 144 Bank St., Batavia.

Joseph S. Rosen, 28, of 4727 Half Center Road, Walworth, is charged with felony DWI, aggravated DWI and criminal mischief, 4th. At 11:07 p.m. Monday, Batavia PD was dispatched to Chapin Industries on Ellicott Street for a report of a car driving on the front lawn of the complex. The driver was allegedly yelling toward the building, trying to get the attention of a worker inside. Officer Darryl Streeter responded and arrested Rosen. Rosen's breath sample allegedly registered .18 BAC. He was held without bail pending arraignment in city court.

Cynthia M. Ritter, 50, of Cohocton Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Ritter was arrested by Deputy Matthew Fleming following an investigation into an accident at 7:05 p.m., Monday, on Marble Road, Pembroke. (Initial report)

Samoni Tai Hazle, 36, of Laredo Drive, Chili, is charged with unlawful possession of marijuana. Hazle was taken into custody while staying at a hotel in Batavia after deputies were called in response to other guests complaining of the odor of marijuana coming from his room.

David Eugene Stupp, 41, of Bennett Heights, Batavia, is charged with harassment, 2nd. Stupp is accused of hitting an estranged girlfriend.

Margaret B. Duffy, 53, of 3233 Pratt Road, Batavia, is charged with DWI, aggravated unlicensed operation, 2nd, operating in violation of a conditional license and consuming alcohol in a motor vehicle. Duffy was arrested by Officer Matthew Lutey following a report at 10:50 p.m., Friday, of a woman passed out behind the wheel of a vehicle with the motor running in a parking lot of a business on Main Street.

A Batavia man was seriously injured in Rochester on Thursday night when his SUV was struck head-on by an alleged drunken driver.

Jason Juliano, 28, who is a local businessman and active in community theater, is reportedly out of intensive care and is now listed in satisfactory condition at Strong Memorial Hospital, according to the Democrat & Chronicle.

Juliano was driving east on the Inner Loop at 9:35 p.m. when a reportedly wrong-way driver hit his SUV and then a third SUV plowed into the collision.

According to the D&C, Juliano suffered a broken femur and head and facial injuries.

The alleged wrong-way driver, Evangaline Roscoe, 38, of Rochester, is being charged with DWI.

Stephen I. Stone is indicted on a charge of predatory sexual assault against a child, a Class A-II felony. Stone is accused of committing a sexual act against a child of less than 13 during the summer of 2011.

Brett A. Simcick is indicted on a count of felony DWI. Simcick is accused of driving drunk Sept. 4 on Munson Street, Le Roy.

Matthew C. Higgins is indicted on a count of felony DWI. Higgins is accused of driving drunk Oct. 21 in the Town of Le Roy.

Matthew R. Klump is indicted on counts of felony DWI and driving with a BAC of .18 or greater. Klump is accused of driving drunk Oct. 8 on Clay Street and Myrtle Street, Le Roy.

Joshua Tyrise Lyons, 18, of Fellows Avenue, Syracuse, is charged with petit larceny. Lyons is accused of stealing a Valentine's present from a location in a common area at Genesee Community College.

Andrew DeMara Hewitt, 27, of Skyline Circle, Brockport, is charged with petit larceny and trespass. Hewitt was arrested on a warrant out of the Town of Byron Court. Hewitt is accused of stealing scrap metal from a location in Byron. Hewitt was jailed on $250 bail.

Christopher Patrick Ball, 29, of Ellicott Street Road, Batavia, is charged with criminal contempt, 1st. Ball is accused of contacting a person he was ordered not to contact.

Two men are in custody after an alert neighbor on Weatherwax Road in Oakfield spotted a possible burglary in progress this morning and called in a description of the vehicle as it left the scene.

A Town of Oakfield worker heard the description of the red Dodge Dakota on his radio and spotted the vehicle as it turned from Route 262, heading south on Route 63, and contacted dispatchers. He or another witness reported the vehicle turned onto Galloway Road.

Within minutes, troopers Holly Hansell and Stephen Kosowski were on scene and stopped the vehicle on South Pearl and Batavia Oakfield Townline roads.

Taken into custody on suspicion of burglary in the third degree were Steven Mullen, 25, of 3035 Maple Ave., Oakfield, and Robert Propst, 31, of 9 Raymond St., Batavia.

Mullen was jailed on $10,000 bail and Propst is being held pending arraignment in Genesee County Court.

Patricia M. Anderson is indicted on two counts each of criminal sale of a controlled substance, 3rd, possession of a controlled substance, 3rd. Anderson is accused of selling cocaine March 4 at 355 W. Main St., Batavia, and again on March 16 at 312 Ellicott St., Batavia.

Shuvon J. Williams is indicted on counts of criminal contempt, 1st, criminal contempt, 2nd, and endangering the welfare of a child. Williams is accused of violating an order of protection on Sept. 22 and acting in a manner likely to be injurious to the physical, mental or moral welfare of a child.

Tremaine J. Halftown is indicted on a charge of criminal contempt, 1st. Halftown is accused of violating an order of protection on Dec. 24.

Christopher M. Lambert is indicted on a charge of burglary, 2nd. Lambert is accused of illegally entering a property in Elba on Aug. 14 with the intent of commiting a crime.

John W. Hackett is indicted on counts of felony DWI and driving with a BAC of .08 or greater and aggravated unlicensed operation. Hackett is accused of driving drunk Oct. 8 in the City of Batavia.

It's apparently getting easier for drunken drivers to avoid DWI checkpoints so the governor's office is funding an experimental program for "enhanced" checkpoints.

Genesee County has been selected, along with Erie and Westchester, as one of three counties statewide to test the program, according to Assistant County Manager Frank Ciaccia.

The Ways and Means Committee voted Wednesday to approve acceptance of a state grant of $21,755 to fund the operation of six enhanced roadblocks.

Unlike most grants, where the state sets the amount of money it will make available, local officials were able to determine a budget for the program and tell the state how much it needed.

The enhanced checkpoints will be multi-agency efforts, involving the Sheriff's Office, State Police, Batavia Police Department and the Le Roy Police Department.

At each of the six checkpoints, the lead agency will set up and run the roadblock while patrols from other participating agencies will prowl the streets around the checkpoint looking for drivers who are seemingly trying to avoid getting stopped.

Ciaccia said drivers have learned to look ahead for checkpoints, see the lights, and make a turn to avoid them, but there are also apps available now that people can download to their smartphones that will give them advance warning of checkpoints.

For Android phones, there are at least a half-dozen such apps available and Google has reportedly refused to block their distribution.

In June, Apple announced it would ban such apps for the iPhone, but an app called DUI Dodger is currently available for $2.99 in Apple's App Store.

Legislator Ray Cianfrini, an attorney, expressed concern that the enhanced checkpoint program may run into legal issues because, for example, not everybody making a left-hand turn is doing so to avoid a checkpoint.

"Anybody who doesn't go through a roadblock is now suspicious?" Cianfrini said. "Innocent people who have nothing to hide are going to get dragged into the whole thing and I'm not comfortable with the concept."

No dates were announced for the checkpoints.

The Sheriff's Office will act as lead agency on four checkpoints, and Batavia and Le Roy will each conduct one.

Lee Uzarowski, 44, of South Lake Road, Pembroke, is charged with criminal mischief, 4th, and harassment, 2nd. Uzarowski is accused of punching a woman in the face and taking her mobile phone when she attempted to call 9-1-1. He was jailed on $1,000 bail.

Sean Allen Kota, 18, of Byron Holley Road, Byron, and a 17-year-old of Warboys Road, Bryon, are charged with petit larceny. Kota and his companion are accused of stealing beer from the Bergen Sugar Creek Store. From a separate incident, Kota is also charged with criminal mischief, 4th. At 2:47 a.m., Jan. 28, Kota allegedly drove his vehicle through a yard on West Bergen Road causing damage.

A third suspect accused of stealing the wallet in September of a United Memorial Medical Center employee is in custody, the Batavia Police Department announced today.

Held without bail is Keith S. Carter, 29, of 5 Stuntz St., Rochester.

Previously arrested were Brianne K. Alston, 18, and Kiara K. Asante, 21, both of 478 Tremont St., Rochester.

The trio is accused of coming to Batavia Sept. 11, entering UMMC and taking a wallet from the purse of a UMMC employee and then trying to use a credit card they found inside at local stories.

Carter was already being held in the Monroe County Jail.

The three Rochester residents are suspected of perpetrating similar heists in other hospitals.

All three are charged with forgery, 2nd, criminal possesion of stolen property, 4th and 5th, and attempted petit larceny.

Previously:

• Woman accused of stealing employee's purse at UMMC in September
• Three people accused of stealing wallet, using credit card

Michael A. Nicometo, 27, of 37 Lake St., Le Roy, is charged with four counts of criminally possessing a hypodermic instrument and one count of criminally using drug paraphernalia, 2nd. Nicometo was allegedly found in possession of the instruments after police and EMS responded to his residence for a report of an unresponsive male.

Cheri Monea Patterson, 19, of Cottage Street, Lockport, is charged with petit larceny. Patterson is accused of stealing $45.46 in merchandise from Kmart.

Ryan N. Bartholomew, 18, of Adams Street, Batavia, is charged with two counts of petit larceny. Bartholomew is accused of shoplifting from Kmart.

Rebecca Jean Viedeffer, 43, of Franklin Street, Batavia, is charged with petit larceny and criminally possession of stolen property. Viedeffer is accused of stealing two official 2012 NYS trailer inspection stickers and possessing them in the Town of Pavilion.

Barry R. Robinson, 29, of 16 Park Ave., Brockport, is charged with promoting prison contraband, 1st, unlawful possession of marijuana, DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to stop at a stop sign, failure to keep right, unsafe tires and unlawful possession of marijuana. Robinson was arrested at 1:54 a.m. Sunday on Clinton Street by Officers Darryl Streeter and Marc Lawrence following an accident in which Robinson apparently lost control of his vehicle and drove off the roadway. Robinson's driver's license allegedly had 19 prior suspensions. He was jailed on $2,000 bail. At 8:29 p.m., Sunday, while in the Genesee County Jail, Robinson was allegedly found in possession of six bags of marijuana in his sock and underwear. Investigators said the marijuana appeared to be packaged for sale. Robinson is scheduled to reappear in Batavia City Court at 1:30 p.m., Tuesday.

Paul Hipolito Colon, 29, of Marne Street, Rochester, is charged with possession of untaxed cigarettes and failure to stop at stop sign. Colon was stopped at 9:31 a.m. Friday on Akron Road, Pembroke, by Sgt. Brian Frieday for an alleged traffic violation. Colon was allegedly found in possession of 400 untaxed cigarettes.

Delmus M. Holton, 35, of Clinton Street, Rochester; Preston L. Lawrence, 38, of Afton Street Rochester; and, Ray M. Little, 49, of Langham Street, Rochester, are charged with trespass. At 10:56 a.m. Friday, a resident in Bergen reported seeing a suspicious vehicle in the area of 7427 Clinton St. Road, Bergen. The vehicle was located, parked off the road, across the street from Demo's Truck Parts. The three men allegedly entered the Demo's property without permission. (Initial report)

Jason M. Norton, 39, and Michelle T. Norton, 51, of 7198 Pekin Road, Oakfield, are charged with trespass (both), disorderly conduct (Jason only) and resisting arrest (Jason only). The husband and wife duo were arrested following an alleged incident at a West Main Street business.

A 17-year-old resident of Le Roy is charged with petit larceny, criminal possesion of stolen property, 5th, and burglary, 3rd. The youth was arrested Saturday morning after Le Roy PD received a report of a person going through several vehicles in the parking lot at 18 Genesee St., Le Roy. The youth was apprehended following a brief foot chase. Property was found at the scene and Le Roy PD is asking anybody who may have missing property to contact the police department. Le Roy PD did not release the name of the suspect.

Timothy James Ziminski, 19, of Walden Street, Batavia, is charged with criminal possession of stolen property, 5th, and displaying forged inspection certificate. Ziminski was allegedly found to have a forged and stolen inspection sticker on his vehicle.

A caller reported seeing people trying to break into a house and an RV at or near 23 Central Ave. in the City of Batavia. There are three suspects being sought, one of whom was seen wearing a red hoodie. They were last spotted walking eastward on Ellicott Street.

Local law enforcement is looking for trespassing suspects in the area of Maple Avenue in Bergen.

The suspects were last seen heading into a wooded area walking toward Route 33.

The suspects allegedly entered a building there they weren't authorized to enter.

One of the suspects is described as a teen wearing a blue jacket and a hoodie.