crime

A woman who at one point Wednesday night authorities feared may have wandered into a fast-moving Tonawanda Creek, was found later apparently safe in a mobile home on West Main Street Road in the Town of Batavia.

The woman was taken into custody on a bench warrant for alleged criminal possession of a controlled substance, 7th.

Jailed on $100,000 bail was Lisa Mae Rugh, 38, of Elm Street, Batavia.

The incident started about 6:30 p.m. when a woman was observed by a passerby lying on the shoulder of Route 5 near Pudgie's Lawn and Garden Center.

The woman, later identified as Rugh, denied a need for help, though she appeared intoxicated, according to the witness.

Rugh began walking south behind Pudgie's toward the Tonawanda Creek.

Members of the Sheriff's Office searched the area but could not locate Rugh.

The department's K-9 unit was called to the scene and "Pharoah" reportedly tracked Rugh to the edge of the creek.

At about that time, members of the East Pembroke Water Rescue Team were in route to the scene. Also dispatched were volunteers from the Town of Batavia Fire Department as well as Alden and Corfu.

"Pharoah" continued tracking Rugh and she was located at Lot #8 of Dreamland Trailer Park, 3540 W. Main St. Road, Batavia.

When deputies identified Rugh they discovered she had an active bench warrant for her arrest.

The Genesee County Emergency Services Office also assisted in the search for Rugh.

(Initial report)

Le Roy police are looking for the black or Hispanic male behind the woman in the check-out line. Investigators have identified him as a person of interest in the theft of a stolen purse and credit card that occurred Tuesday.

Marcos A. Torres is indicted on one count of criminal sale of a firearm, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Torres is accused of unlawful possession of a firearm and unlawfully selling that firearm on June 22. The firearm is described as a Remington Wingmaster Model 870 20-gauge shotgun having a barrel less than 18 inches in length. He is also accused of possessing cocaine with the intent to sell it.

Joshua G. Bachorski is indicted on three counts of possession of stolen property, 4th, two counts of forgery, 2nd, and three counts of petit larceny. Bachorski is accused of possessing stolen credit cards to use for himself without authorization of the cards' owners. Bachorski is also accused of signing other people's names to purchase agreements. Bachorski is accused of purchasing gift cards with the stolen credit cards.

Jeffrey A. Mooney is indicted on counts of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Mooney is accused of driving drunk Sept. 15 on Route 98 in Elba.

James F. Webb is indicted on counts of criminal contempt, 1st, and five counts of criminal contempt, 2nd. Webb is accused of making multiple telephone calls to a person he was under court order not to contact, with the intent to harass, annoy, threaten or alarm the person.

Sharon L. Awall is indicted on charges four counts of grand larceny, 4th, and seven counts of petit larceny. Awall is accused of stealing three credit cards and a gift card belonging to another person. She is accused of stealing two gold wedding bands, a gold engagement ring with a 1/4-carat diamond, a gold engagement band with a diamond, a man's gold wedding band, a gold anniversary ring with five diamond chips and a wallet.

No Bill: The Grand Jury returned with no bill (no counts filed) against Carolyn M. Smith, accused of assault, 2nd.

Troy D. Hubler, 41, of 7634 Byron Holley Road, South Byron, is charged with aggravated harassment, 2nd, and criminal contempt, 2nd. Hubler was located in Orleans County by the Sheriff's Office in Orleans County and turned over to Batavia PD on a warrant out of city court. The warrant stemmed from an alleged Oct. 3 incident in which Hubler reportedly made telephone contact with a person protected by a court order. The order of protection was issued by Batavia Family Court.

Andrew Ziemba Perdock, 24, of Holland Avenue, Batavia, is charged with petit larceny. Perdock is accused of shoplifting from Kmart.

A 43-year-old man who apparently set himself on fire in a thwarted suicide attempt will serve 10 years in prison, Judge Robert C. Noonan ruled Tuesday afternoon.

Paul Atkinson admitted Oct. 26 to arson, 2nd, and Noonan was bound by law to impose a prison sentence, even though the defendant's sister and Atkinson himself both asked that he receive mental health treatment.

"I fully acknowledge the terrible losses you have had in your life," Noonan said. "The diseases that affilicted you, the personal pain that comes with divorce, the ping-pong life of children going back and forth, the loss of employment, financial hardships and the stress in your family. It's a soap opera. It's a very, very sad story.

"But," Noonan added, "you're very, very lucky you're not standing here before me accused of murdering several people."

Noonan said the record will reflect that Atkinson wants and need mental health treatment and that the state prison system does have programs in place.

"I hope you avail yourself of the help available, because you will be released from prison some day and when you're release you should get on with your life," Noonan said.

Atkinson started a fire July 14 in his father's home at 3 Orchard Drive, where he, his father and his sister and her husband were living at the time.

Atkinson's sister, Wendy Nelson, made a victim's statement and said that she suffered cracked ribs, a collapsed lung, smoke inhalation, anemia and post-traumatic stress syndrome as a result of the fire and hasn't been able to work since.

Yet, she said, she wants to see her brother get help.

"It's hard for him to ask for the help he needs," Nelson said. "I need to speak for somebody whom I feel cannot speak for himself and ask that he receives this help."

When Atkinson was given his turn to make a statement, he turned and thanked his sister and was barely able to be heard as he said, "I want help bad."

Noonan said he couldn't understand him, and Atkinson's next two attempts to speak were not understandable. Then he stood up a little straighter and said, "I know I need help now. I wish to receive help if it's offered to me. I'm very sorry for my crime."

A man accused of taking part in a November stabbing in an apartment at Woodstock Gardens almost blew his plea deal in Genesee County Court on Monday.

Timothy Andrews, 22, became confused when Judge Robert C. Noonan asked him if he thought the evidence against him would likely lead to a conviction at trial.

"I don't know how to answer that ... um, no," Andrews said.

He needed to assure Noonan that he felt he would be convicted under terms of his plea, known as an "Alford" plea.

The legal term refers to a situation where a defendant doesn't admit actually committing the crime, but enters a guilty plea in order to receive a negotiated sentence, fearing if found guilty at trial, he would receive a longer sentence.

Andrews has maintained he is innocent throughout his legal proceedings.

Andrews corrected his answer in court and is now facing from two to seven years in prison. His sentencing is set for March 15.

(Via WBTA)

A woman's nationwide effort to steal people's identities and then their money came to an end in Batavia after she was caught trying to withdraw $3,000 from the local Bank of America branch.

In Genesee County Court on Monday, Cassandra Montrevel, 25, of Sacramento, Calif., told Judge Robert C. Noonan that she entered the local branch March 18 and used another person's identity to withdraw funds from her account.

Montrevel was later caught and admitted to police that she had used the same scheme at Bank of America branches across the United States.

The California woman has already entered a guilty plea in federal court to the crime in other states. 

Montrevel faces a possible New York prison sentence of four years and another five years in federal custody.

(Via WBTA)

Batavia police are responding to Jackson Street where a person is waiting who claims to have been stabbed at about 9 a.m. at the skate park behind the Falleti Ice Arena on Evans Street.

Mercy EMS is responding, too.

UPDATE 10:45 a.m.: The alleged victim had only three small marks on his back and was not cut, according to police. "We don't know what it was, but it definately wasn't a knife," said Officer Eric Hill. The alleged victim reportedly told a friend of a friend that he was stabbed and that is the person who called emergency dispatch. Police searched the area behind the ice arena (that's Officer Dan Coffey in the picture above) but found no corroborating evidence.

Andrea Licata, 29, of Jackson Street, Batavia, is charged with petit larceny and conspiracy, 6th. Licata was allegedly observed with Kelly Marie Howell, 26, of Jackson Street, Batavia, who was allegedly stealing merchandise at Walmart with Licata's knowledge and agreement. Howell was allegedly hiding stolen merchandise in her infant's stroller. Howell was also charged with petit larceny, conspiracy, 6th, and endangering the welfare of a child.

A 16-year-old resident of State Street is charged with petit larceny. The suspect is accused of stealing a stereo cable from Walmart.

Randy J. Heslor, 18, of 2398 Pratt Road, Corfu, is charged with criminal contempt, 2nd. Heslor allegedly visited a residence in the city where a woman lives that Heslor is barred from contacting by order of the Batavia City Court.

Craig Daniel Martin, 27, of Morton Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, possession of a controlled substance not in its original container, aggravated unlicensed operation, 2nd, and unlicensed operation. Martin was stopped on Jackson Street, Batavia, at 1:09 a.m. Saturday by Deputy Patrick Reeves for alleged traffic violations. Martin was allegedly found in possession of two types of controlled substances and a quantity of marijuana concealed in his vehicle.

Brittany Megan Hart, 24, of Warsaw Road, Le Roy, is charged with criminal possession of a controlled substance and possession of a hypodermic instrument. Hart was charged following a traffic stop for alleged violations at 11 p.m. Sunday on Jackson Street, Batavia, by Deputy Brad Mazur.

Daniel John Hickey, 33, of Sherwood Drive, Brockport, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hickey was stopped at 1:22 a.m., Saturday on Route 262 in Elba by Deputy James Diehl.

Nicholas Keith Thorne, 23, of Osborne Road, Mt. Sterling, is charged with criminal mischief, 2nd. Thorne allegedly smashed a glass door and window at the Econo Lodge on Route 77, Corfu. Thorne was jailed on an unspecified amount of bail.

Dennis P. Schroeder, 54, of Cotton Hill Road, Attica, is charged with DWI, driving with a BAC of .08 or greater and inadequate exhaust. Schroeder was stopped at 7:40 p.m. Dec. 15 on Tinkhem Road, Darien, by Deputy Jason Saile.

Nicholas M. Worrells, 24, of 10253 Roosevelt Highway, Lyndonville, is charged with criminal contempt. Worrells was allegedly found hiding under the rear deck of a residence on East Main Street, Le Roy, after police responded to a report of a disturbance. Worrells was allegedly with a person at the residence in violation of a complete stay-away order. Worrells was jailed on $5,000 bail.

Dayton G. Schultz, 52, Maltby Road, Oakfield, is charged with DWI, driving with a BAC of. 08 or greater and driving left of pavement markings. Schultz was stopped at 10:35 p.m. Friday on Route 262, Elba, by Sgt. Greg Walker.

Eric Matthew Kingsley, 24, of Perry Road, is charged with DWI, driving with a BAC of .08 or greater and illegal parking on a highway. Kingsley was arrested by Deputy Jason Saile following a report of a vehicle fire at 4:48 a.m., Saturday, on Ellicott Street Road, Bethany.

Jeremy John Haynes, 35, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and speeding. Haynes was stopped at 11:27 p.m. Friday on East Main Street, Le Roy, by Deputy Eric Seppala.

Brent Michael Semmier, 36, of Cypress Street, Rochester, is charged with felony DWI, speeding (90 in 55 mph zone), alcohol consumption in a motor vehicle and improper right turn. Semmier was stopped at 4:29 p.m. Sunday on Route 19, Le Roy, by Deputy Brad Mazur.

An East Pembroke resident is charged with criminal trespass in Monroe County after allegedly entering a home in the Town of Sweden without permission.

WHEC reports that Mark Humel, 20, entered the home on West Avenue at 2 a.m., Friday, and made sufficient noise to wake the homeowner. The homeowner told deputies that he found Humel, appearing to be intoxicated, standing in his living room, not wearing shoes, asking for "Dave."

Humel reportedly became belligerent and ran off when police were called.

The suspect was located later leaving a wooded area near the home.

A homeless man who was given permission to sleep on the back porch of a residence on State Street has been arrested and charged with arson in the fourth degree after a fire he started caused some damage to the house.

The fire was reported shortly after 8:30 p.m. Thursday and quickly extinguished by city firefighters, causing minimal damage to the porch and siding of the house at 107 State St., Batavia.

Reginald J. Hawker, 57, of no permanent address, was arrested Friday afternoon following an investigation by Det. Patrick Corona.

He was jailed without bail.

Hawker is accused of intentionally setting the fire. Corona said it's believed that Hawker started the fire on the porch in an attempt to cook and to have heat and light.

Previously: Fire at home on State Street possibly set by homeless person trying to keep warm

The owner of the Batavia Nursing Home was indicted today in federal court on charges of fraud and making false statements.

Five counts were filed against Marc Irwin Korn, 54, of East Amherst.

Korn is accused of engaging in two different schemes to obtain money.

He allegedly took more than $150,000 donated to the American Friends of Assaf Harofeh Medical Center while serving as an officer of the charity. 

He's also accused of causing more than $167,000 from leasing agreements for nursing home equipment to be deposited into a bank account of one of his businesses, Health Care Alliance, Inc.

The funds, according to the U.S. Attorney's office, were used for personal expenses, including salon visits, college tuition, clothing and antiques.

Korn is also accused of making false statements to investigating agents during a June 2010 interview. According to the indictment, Korn told agents the deposits into Health Care Alliance were commissions.  

The case is being prosecuted by Gretchen L. Wylegala, an assistant to U.S. Attorney for Western New York William Hochul.

An alleged drug dealer appeared in Genesee County Court on Thursday morning and told Judge Robert C. Noonan that he would like a new attorney to handle his case.

Carlos A. Torres, who first made the news locally after being involved in a mysterious shooting, was scheduled today to either accept a plea offer or have his case set for trial.

"I don't feel he's doing anything on my behalf," Torres said.

He is represented by Public Defender Gary Horton.  

Horton explained to Noonan what appears to be a communication problem.

"I spent 45 minutes to an hour with Mr. Torres yesterday," Horton said. "I've explained to him what I expect to occur at trial, what my perception of the people's proof is...we've had that discussion multiple times.

"I understand his concern," Horton added. "He's facing serious charges. I understand he's anxious about going to trial, but he's always wanted to go to trial. The problem as I see it is that we keep having the same conversation over and over. It's starting to interfere."

Torres is facing three counts of criminal possession of a controlled substance, 3rd. The possible sentence he faces is 12 years in prison.  

Assistant District Attorney Will Zickl said Torres has been offered an attempted criminal possesion of a controlled substance charge with a sentence cap of six years.

Members of the Local Drug Task Force arrested Torres April 2 and allegedly found him in possession of cocaine, crack and heroin with an estimated street value of more than $7,000.

Noonan said he didn't hear anything from either Torres or Horton that convinced him it was worth the taxpayer expense to change attorneys.

He asked repeatedly if another attorney could work any better with Torres than Horton has, noting that Horton has 40 years experience and has taken hundreds of cases to trial.

"I’m not sure another attorney or another personality would have a problem or not," Horton said.

Torres is scheduled to reappear Dec. 23, giving Horton a chance to see if another attorney in his office can take the case and review new evidence against Torres that the DA's office produced recently.

Heather Lynn Moore, 30, of Sunnyside Street, West Seneca, is charged with possession of a controlled substance not in its original container, failure to dim headlights and unlicensed operation. Moore was stopped at 12:30 a.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves.

Nedal Abdul Mansour, 48, of Jay Street, Rochester, is charged with possession and transport of more than 10,000 untaxed cigarettes, aggravated unlicensed operation, 3rd, unlicensed operator, failure to keep right and moving from lane unsafely. Mansour was stopped for alleged traffic infractions at 10:51 p.m. Tuesday on Route 77 in Pembroke by Deputy Patrick Reeves. Mansour was allegedly found in possession of 15,650 untaxed cigarettes.

Ajayc Kweese George, 18, of St. Marks Avenue, New York City, is charged with trespass. George was reportedly told on Dec. 10 not to return to College Village property and allegedly did return at 10:03 p.m., Tuesday.

Marion G. DeFelice, 55, of Bernd Road, Pavilion, is charged with DWI, refusal to take breath test, unlicensed operation and failure to keep right. DeFelice was stopped at 7 p.m. Tuesday on Route 33, Town of Batavia, by Deputy Tim Wescott.

Earl Shateek-Anthony Lockhart, 19, of East Main Street, Batavia, is charged with petit larceny and harassment, 2nd. Lockhart is accused of shoplifting $85.86 from Walmart. Lockhart allegedly pushed a loss prevention officer who attempted to apprehend him and then ran out of the store. Lockhart was located a short time later by a Sheriff's deputy.

Jessica Lynn Barber, 26, of 647 Lapp Road, Alden, is charged with DWI, driving left of pavement markings in a no-passing zone and unlawful possession of marijuana. Barber was stopped at 12:36 a.m. Tuesday on County Line Road, Darien, by Deputy Patrick Reeve.

Jonathan Robert Hyman, 39, of Rose Road, Batavia, is charged with trespass. Hyman was allegedly found on a property on Rose Road without permission at 11:04 p.m., Dec. 9, looking in a window to a residence.

Brandon Cody McCoy, 20, of Angling Road, Corfu, is charged with harassment, 2nd. McCoy is accused of pushing another male during a domestic incident at 8:28 p.m., Monday.

A Corfu resident is among four correctional officers from Attica who are accused of assaulting an inmate and then conspiring to cover up the alleged crime.

Keith Swack, 27, of Corfu, was indicted by a Wyoming County Grand Jury on charges of gang asault, 1st, conspiracy, 4th, tampering with physical evidence and official miscounduct.

The inmate allegedly assaulted suffered serious, but non-life-threatening injuries, including broken bones.

Also charged with Sean Warner, 27, of Belfast, Matthew Rademacher, 29, of Wyoming and Erik Hibsch, 28, of Gainsville.

All four men were arraigned in a Wyoming County Court and jailed on $25,000 bail each.

The four officers are accused of concocting a plan to assault an inmate and carrying out the assault on Aug. 9. The men are accused of then preparing false physical evidence to help conceal the crime. 

Warner is also accused of submitting false statements concerning the events to his superiors. Warner is also charged with offering a false instrument for filing.

The indictments followed a four-month investigation by State Police, the Inspector General's Office, and Department of Corrections.

Patrick Shawn O'Neill, 46, of Holland Avenue, Batavia, is charged with coercion, 2nd. O'Neill was arrested following an investigation into a complaint that allegedly occurred Sunday morning in Bethany.

Brandy L. Hare, 30, of 38 Rochester St., Bergen, is charged with DWI, driving with a BAC of .18 or greater and passed stop sign. Hare was stopped at 2:24 a.m. Tuesday on Clinton Street by Officer Darryl Streeter.

A caller to the emergency dispatch center reported seeing a Payloader being driven by a person who looked 12 years old with a passenger who looked 8 years old. They were last seen heading eastbound on Route 20. An officer is going looking for them. Not sure what community they were passing through when the call came in.

George Franklin Culp, 24, of Fargo Road, Corfu, is charged with DWI, unlicensed operation, moving from lane unsafely and consumption of alcohol in a motor vehicle. Culp was reportedly involved in a motor-vehicle accident at 12:03 a.m. Sunday on Fargo Road, Corfu. The investigation was conducted by Deputy Eric Seppala.

Jessie Marie Cramer, 26, of West Main Street Road, Batavia, is charged with petit larceny. Cramer is accused of shoplifting $54.06 worth of merchandise from Target.

Brian Robert Beach, 40, of West Part Street, Albion, is charged with assault, 3rd, and criminal obstruction of breathing or blood circulation. Beach is accused of striking another person in the face causing physical injury and obstructing the alleged victim's breathing. The incident was reported at 12:53 a.m. Friday, at 8204 Park Road, Batavia.

Joseph Beszczynski, 26, of Darien-Alexander Townline Road, Darien, is charged with criminal mischief. Beszczynski is accused of punching a light switch box causing damage. Beszczynski was jailed on $500 bail.