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.
Jeanine Lynn Calice, 39, of Summit Street Road, Le Roy, is charged with three counts of burglary, 2nd. Calice is accused of entering a home on Creek Road on three separate occasions to steal items while the residents were on vacation. Calice allegedly entered the residence Dec. 24, Dec. 25 and Jan. 2.
Brian T. Cole, 33, of Route 262, Elba, is charged with criminal mischief, 3rd. Cole is accused of damaging a vehicle while it was parked at Batavia Downs.
Daquan Jamar McGrew, 19, of Palnet Street, Rochester, is charged with trespass. McGrew was allegedly at College Village after being banned from the property.
Michael Thomas Martinez, 27, of Orient Street, Medina, is charged with DWI, driving with a BAC of .08 or greater, criminal contempt, 2nd, aggravated unlicensed operation and speeding (51 mph in a 40 mph zone). Martinez was stopped at 1:58 a.m., Feb. 5, on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.
A conspiricy to commit murder charge was dropped today against Derick Barker, 26, of Georgia, as part of a plea deal that had him admit to two felony charges.
Barker, who first made the news for running across the Thruway last June in an attempt to evade police, admitted to criminal possession of a controlled substance and criminal strangulation.
When Barker was first arrested, he was taken into custody along with his brother Justin, 22, and Benjamin Santiago Jr., 22.
In September, the brothers were accused of a plot to murder Santiago. In January, Justin Barker entered a guilty plea to the conspiracy charge.
A short time later, Derick Barker was charged with strangulation for choking a fellow inmate in the Genesee County Jail.
For the drug and strangulation charges, Barker faces up to eight years in prison. He will be sentenced in April.
A 39-year-old resident of Maple Street in Batavia is being accused of welfare fraud that spanned nearly 18 months following an investigation by the Department of Social Services.
Kerry A. Ackley is charged with felony grand larceny, 3rd, and four felony counts of offering a false instrument for filing.
Ackley allegedly failed to report that she was receiving worker's compensation payments and she is accused of receiving $11,341.18 in cash assistance and food stamps from Oct. 2009 to April 2011.
Following arraignment, Ackley was released under supervision of Genesee Justice.
Suspected welfare fraud can be reported confidentially to DSS at (585) 344-2580, ext. 6417 or 6416.
A Batavia couple who admitted to welfare fraud were ordered by Judge Robert Noonan on Thursday to repay the government $14,017.14 they stole by filing false reports.
They are also disqualified from receiving food stamps.
Joshua Carney, 34, will serve four months of intermittent jail time in the Genesee County Jail, and then be on probation for three years. His wife, Holly Carney, 29, will serve three years probation.
In November, both Joshua and Holly entered guilty pleas to offering a false instrument for filing, 2nd.
Joshua had been charged with nine counts of offering a false instrument for filing and one count of grand larceny, 3rd.
Holly had been charged with 11 counts of offering a false instrument for filing and one count of grand larceny, 3rd.
They were accused of submitting forms to DSS that failed to report Joshua's commission income from his employer.
The confidential tip line for suspected welfare fraud is 344-2580, ext. 6417.
Angelo A. Cassidy, 35, of Lewis Place, Batavia, and 59-year-old Charles R. Gay, of Hemlock Ridge Road, Medina, are charged with petit larceny and conspiracy, 6th. Cassidy was reportedly employed by a business on Angling Road, Corfu, and allegedly falsified a weight ticket, allowing Gay to collect money for scrap that was not actually part of his load. Cassidy and Gay are accused of making an arrangement regarding the money. The case was investigated by Deputy Chris Parker.
Carolyn M. Hooten, 29, of 12 Myrtle St., Le Roy, is charged with DWI and several traffic violations. Hooton was stopped late Friday evening on Myrtle Street by Le Roy Police.
Mathew Duncan Brew, 33, of Freeman Road, Byron, is charged with DWI, driving with a BAC of .08 or greater and failure to yield right of way. Brew was arrested by Deputy Brad Mazur following a traffic accident at 9:24 p.m. Saturday at Route 262 and Bank Street Road.
Donovan Michael Zandi, 22, of Campbell Boulevard, Getzville, is charged with DWI and driving with a BAC of .08 or greater. Zandi's vehicle was reportedly found by Deputy Kevin McCarthy at 2:59 a.m., Jan. 26, on Countyline Road, Darien, with four-way flashers on.
Kara Ellen Wojkowski, 28, Hall Road, Holley, is charged with grand larceny, 4th. Wojkowski is accused of stealing a motor vehicle on Oct. 25. She turned herself in at the Sheriff's Office on a warrant for her arrest. Following arraignment in Byron, she was jailed on $2,000 bail.
Kathryn L. Johnson, 24, of 20 Hutchins St., lower, Batavia, is charged with two counts of criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, and unlawful possession of marijuana. Johnson was arrested following a visit by County Probation to her home and jailed on $1,000 bail.
A 17-year-old from Batavia who was spotted allegedly speeding by an off-duty deputy Dec. 24 on West Main Street Road has been charged with a felony and two misdemeanors stemming from events that transpired that day.
The deputy attempted to talk about speeding with the youth, Austin L. Wester, while stopped at Read Road, according to a Sheriff's Office press release.
The deputy reportedly attempted to keep Wester at the intersection until an on-duty deputy could arrive.
Wester, who lives on Pratt Road, reportedly refused to remain at the location. In his attempt to detain Wester, the deputy allegedly suffered a hand injury.
Wester was charged with assault, 2nd, resisting arrest, and assault, 3rd. He was jailed on $30,000 bail.
The investigation was conducted by Deputy Patrick Reeves, Investigator Timothy Weis, with assistance from Deputy Brian Thompson and Deputy Ronald Meides.
A 35-year-old Batavia resident is accused of breaking into a home on Porter Avenue on Nov. 18 and stealing video games and a gaming system.
Jailed without bail on a charge of second-degree burglary is Justin C. Smith, of 25 Hutchins St., Batavia.
Melissa C. Verton, 32, of South Main Street, Batavia, is charged with two counts of petit larceny and resisting arrest. Verton is accused of stealing $35 in cash and merchandise while employed at Walmart as a cashier. Verton is accused of verbally and physically resisting arrest.
Brandon Marshall Weig, 33, of Shady Lane, Batavia, is charged with criminal contempt, 2nd. Weig was arrested on a warrant for an alleged violation of an order of protection Nov. 13. Weig is accused of having contact with a protected person. Weig is accused of doing the same thing on Dec. 18.
Kahlil Nathaniel Johnson,19, of Ross Street, Batavia, is charged with criminal trespass. Johnson is accused of being at College Village after being banned from the property.
Dustin Stephen Williams, 24, of Simonds Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and speeding. Williams was stopped at 2:12 a.m. on Route 238, Darien, by Deputy Jason Saile.
Robert J. Eppolito, 29, of 61 Church St., Apt. #2, Le Roy, admitted in Genesee County Court today that he punched and kicked another person during a confrontation in Le Roy last September.
By pleading guilty to assault in the second degree, Eppolito faces a possible prison term of up to five years, with time being served concurrently on his sentence from a guilty plea for violation of probation.
As a second felony offender, Eppolito will serve at least three years in prison.
Sentencing was set for 9 a.m., April 23.
Eppolito admitted in court that he kicked the victim and broke the victim's nose and bruised his left eye.
While awaiting sentencing, Eppolito will be released under supervision of the probation department.
Steven Rebert, the former Oakfield resident convicted of killing a married couple in Pennsylvania and a suspect in the murder of Bill Fickel in 2005, will spend the rest of his life in prison, a Jefferson County jury decided after four hours of deliberation.
The jury could have sentenced Rebert to death -- which in Pennsylvannia currently would be 23 hours a day in solitary confinement for the rest of his life -- but instead said Rebert should receive four consecutive life sentences without the possibility of parole.
Rebert was convicted of two counts each of first- and second-degree murder and aggravated assault, theft, burglary and robbery.
Rebert reportedly told a Jefferson County television news reporter that he plans to appeal his conviction.
Genesee County DA Lawrence Friedman is expected to make a decision soon on whether to prosecute Rebert for Fickel's murder.
Rebert is also a person of interest in the unsolved murder of an Orleans County man, Kevin Smith.
Chief Deputy Jerome Brewster has long sought the identity of a witness who may have been at the scene the night Fickel was murdered, but even with a $100,000 reward, no such witness has yet come forward.
Brewster said last week, however, that there is sufficient evidence, even without the witness, for the DA's office to consider a murder charge against Rebert.
One of the Barker Brothers -- the two men charged over the summer with drug crimes and conspiracy to commit murder -- has been arrested again, this time for allegedly assaulting a fellow jail inmate.
Derick W. Barker, pictured left, of Jonesboro, Ga., was charged with strangulation, 2nd, and assault, 2nd.
At 11:54 a.m., Thursday, the 26-year-old Barker was reportedly playing cards with two other inmates of the Genesee County Jail when, for an unknown reason, he got up from the table in the common area, went behind an inmate sitting nearby and allegedly placed a choke hold on him.
The inmate lost consciousness for a short period and jail staff were able to intervene and lock Barker inside his cell.
The inmate was treated at the jail by medical personnel and remains in custody.
Barker was arraigned in Batavia City Court on the new charges and sent back to jail without bail.
On Jan. 19, Derick's brother Justin entered a guilty plea to burglary, 3rd, for a break-in at a restaurant in Darien and an "Alford Plea" on the conspiracy charge. He is in jail awaiting sentencing.
Steven R. Cox, 29, of Franklin Street, Machias; Jessica A. Cox, 26, of North Union Street, Olean; and, Bonnie J. Bremiller, 33, of 4th Street, Olean, are charged with grand larceny, 4th, and conspiracy, 5th. The trio was arrested at 2:26 a.m., Thursday, following a routine property check by Deputy Kevin McCarthy of Deluxe Machine & Tool Co. at 8825 Route 98, Batavia, which revealed heavy equipment parts were missing. The suspects appeared to have left traveling south on Route 98, and with the assistance of Deputy Howard Carlson and Officer Brian Marceill of the Attica PD, a truck overloaded with metal was located on Route 98 in the Village of Attica. The suspects are accused of stealing $1,500 worth of used heavy equipment parts from Deluxe Machine & Tool. Steven Cox was jailed on $20,000 bail. Jessica Cox and Bremiller were given also jailed and bail was set at $10,000 each. Sgt. Brian Frieday and Deputy John Weis also assisted in the investigation.
Christopher J. Fiorentio, 21, of 622 Four Rod Road, Alden, is charged with petit larceny. Fiorentio is accused of shoplifting from Dollar General. Fiorentio allegedly fled from the store when confronted and was located by Batavia PD a short distance from the store.
Raymond Paul Boskat, 38, of Dorwood Park, Ransomville, is charged with criminal possession of a forged instrument, 2nd. Boskat is accused of presenting a legitimate NYS prescription form containing forged information to obtain Oxycodone from the Kmart pharmacy.
Joel Brent Zajaczkowski, 18, of Main Street, Alexander, is charged with criminal mischief, 4th. Zajaczkowski is accused of damaging flowers and a flower urn at Alexander Central School.
A convicted sex offender who was charged with new crimes a year ago was found guilty by a jury Wednesday of four counts of sexual abuse in the first degree.
The jury found that in two separate incidents, Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, used force to have sex with a child age under age 11.
Following jury selection Monday, the trial took place Tuesday. The jury deliberated for 90 minutes Wednesday before finding Dioguardi guilty on all four counts.
Statement from District Attorney Lawrence Friedman:
Needless to say, these terrible crimes involving the sexual abuse of children are usually committed outside the presence of any other witnesses and, more often than not, there isn't any medical, physical or scientific evidence. Therefore, it is reassuring to see that convictions can be obtained when a brave child, like the victim in this case, comes forward and credibly testifies before a jury and sees that justice can be achieved.
UPDATE: Dioguardi is facing up to 14 years in prison, though his sentence could be concurrent with the time he is currently serving. Sentencing is scheduled for 1:30 p.m., March 21.
Tesla R. Greck, 20, of 134 Liberty St., Batavia, is charged with falsely reporting an incident, 3rd, and offering a false instrument, 2nd. Greck is accused of falsely reporting that her ex-boyfriend violated an order of protection.
Gregory Seppe, 53, of North Spruce Street, Batavia, is charged with criminal possession of stolen property, 5th. Seppe was arrested at 8:44 p.m., Tuesday, for allegedly possessing several prescription medications that were reported stolen by the owner of the prescriptions.
Two Pennsylvania papers, including the Bradford Era, are reporting that Steven Rebert has been found guilty of murder.
The 48-year-old Rebert is originally from Oakfield and has been a person of interest in the November 2005 homicide of Bill Fickel.
While investigators have been unable to gather sufficient evidence to substantiate a charge in the local homicide, Bill's widow, Lisa Fickel, has offered a $100,000 reward to anybody providing evidence that leads to a conviction of Bill's killer.
Rebert, according to reports, was found guilty of murdering Wayne and Victoria Shugar in April 2010 in Jefferson County.
UPDATE: Brittany Boyer with WJAC reports, "Rebert was found guilty of the following: first-degree murder, second-degree murder, aggravated assault, theft, robbery and burglary." The jury deliberated for one hour and 50 minutes. On Thursday, the jury will begin the penalty phase. Rebert could get the "death penalty," which in Pennsylvania means spending the rest of his life in solitary confinement for 23 hours a day.
Jonathan Donnie Laverne, 47, of Council House Road, Alabama, is charged with assault, 3rd, unlawful imprisonment, 2nd, and criminal mischief, 4th. Laverne is accused of biting the face of another person during a domestic incident Jan. 17. Laverne allegedly took the mobile phone of the person and prevented the person from leaving or calling for help. Laverne was jailed on $5,000 bail.
Gregory Seppe, 53, of North Spruce Street, Batavia, is charged with five counts of criminal possession of a controlled substance, 7th. Seppe was arrested following a report at 10:22 p.m., Monday, of a man causing a disturbance at the Arrow Mart store on Clinton Street Road, Batavia.
Andrea Linda Kempisty, 23, of Lovers Lane Road, Pembroke, is charged with DWI, driving with a BAC of .18 or greater, failure to stop at stop sign, failure to yield right of way at stop sign and moving from lane unsafely. Kempisty was stopped at 2:17 a.m. Monday on Route 5, Batavia, by Deputy James Diehl.
A suspected crack dealer from Rochester was taken into custody Monday on Buell Street by members of the Local Drug Enforcement Task Force.
Nekia "Nick" Newton, 35, of Duran Street, Rochester, was allegedly found in possession of a quantity of crack cocaine.
He was charged with two counts of criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 3rd, and aggravated unlicensed operation, 3rd.
Following arraignment in Batavia City Court, Newton was jailed without bail.
Task force members located Newton's car on Buell and as they approached, he reportedly got out of the vehicle and started walking toward a residence.
Newton was reportedly wanted on a pending charge of selling crack cocaine.
Assisting in the arrest were the Batavia PD and Sheriff's deputies.
Whatever drama there was at the Town of Batavia Court today, it was all outside the Town Hall building, both before and after Jacquetta Simmons made her appearance there.
This was the first appearance for the 26-year-old Simmons following her initial arraignment Dec. 23 on two felony counts of assault, 2nd.
Simmons is accused of punching a 70-year-old Walmart employee in the face on Christmas Eve, knocking her several feet across the floor and causing facial fractures.
Television crews from Rochester and Buffalo were on hand for her appearance. After the crews milled about for nearly an hour waiting for her after her scheduled 2 p.m. appearance, several supporters of Simmons pulled up in a sedan and came out of their car and shouted, "Jesus saves!" -- with one member of the group reading aloud from a Bible while waiting for Simmons' arrival.
When Simmons did drive up, the supporters met her at her car, covered her with a jacket and formed a human shield to escort her into the Town Hall building.
Television cameramen tried to position themselves to get a shot of Simmons who had her face covered (listen to audio courtesy WBTA of the jostle).
In court, Simmons' case was called quickly after an attorney, Jerry Ader, from the Public Defender's Office, conferred with her.
Ader was filling in for Public Defender Gary Horton. Ader told Justice Michael Cleveland that Horton had not yet had conferred with Simmons. The case was continued until 2 p.m., Feb. 27, so Horton and Simmons can talk before she enters a plea.
Simmons left by a side door, and in the parking lot, a couple of Simmons' supporters decided to address the media. One gentlemen invited reporters to a new church he said is opening at 47 Swan St., Batavia.
He asked reporters repeatedly, "Are you saved?"
Then a young man came up demanding to know where the media was when his family was slandered. It was unclear what incident or situation he was talking about.
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