crime

An Attica resident accused of selling drugs to an undercover agent of the Local Drug Task Force turned herself in Tuesday evening.

Charged with two counts of criminal sale of a controlled substance, 3rd, was Virginia R. Jozwiak, 44, of Graff Road, Attica.

Jozwiak was also charged with aggravated unlicensed operation.

Jozwiak allegedly sold pills containing a controlled substance to an agent in February.

Following arraignment in Alexander Town Court, Jozwiak was released on her own recognizance.

The unlicensed operation ticket was issued after it was discovered that she had allegedly driven herself to the Sheriff's Office while on a suspended license.

People are reportedly smoking pot in plain sight in front of the Harvester Center on Harvester Avenue. City police are heading there now.

Gail Patricia Rumble, 47, of North Pearl Street, Oakfield, is charged with identity theft. Rumble is accused of using another person's identity to secure services illegally.

David L. Andrews, 24, of 19 Holland Ave., Batavia, is charged with criminal possession of stolen property, 5th. Andrews is accused of possessing a license plate stolen from a local business.

Jeffrey L. Deats, 25, of 10 Olyn Ave., Batavia, is charged with harassment, 2nd. Deats is accused of threatening another family member.

Todd Steven Logsdon, 21, of Otis Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Logsdon was apprehended at about 8 p.m., Oct. 21, following a report of a suspicious condition on Route 63 in Batavia. Logsdon was found by Deputy Brad Mazur to be allegedly operating a motor vehicle in an intoxicated condition.

Two men suspected of being in the country illegally were arrested Monday afternoon following an accident at Route 98 and West Saile Drive.

Taken into custody were Juan H. Gomez, 25, a resident of Hamlin, and Humberto O. Escalante, 24, a resident of Elba.

Both men were charged with illegal entry and turned over to the U.S. Border Patrol.

Gomez was the driver. Gomez allegedly made a left-hand turn from Route 98 onto West Saile Drive and failed to yield the right of way to oncoming traffic.

Injured in the crash at 5:18 p.m. were the driver and passenger of the other vehicle, Judith M. Drews, 65, of Byron, and Judith M. Drews, 90. Both women were transported to UMMC by Mercy EMS with minor injuries.

The accident was investigated by Deputy Joseph Graff.

This information comes from Geoff Redick at WBTA.

A registered sex offender from Batavia will serve two to four years in state prison after sentencing today in Genesee County Court.

Marlek Holmes, 37, pleaded guilty about a month ago to Dissemination of Indecent Material to a Minor and Endangering the Welfare of a Child. Police said he sent an indecent text message to a 16-year-old girl and attempted to engage the girl in intercourse.

Holmes also pleaded guilty for Failure to Register and Failure to Verify his address, as is required by New York State law for all registered sex offenders.

Holmes will serve concurrent sentences on all four charges.

In court today, some details of a pre-sentence interview with a probation officer were released. In the interview, Holmes allegedly told an officer that he considers his sexual conduct "vanilla," and he said his actions are his "normal sexual conduct."

In a rare turn, Judge Robert Noonan did not address Holmes prior to sentencing.

Holmes had nothing to say to the judge.

Patrick Leslie Gugliuzza, 32, of Meadowbrook Terrace, Corfu, is charged with assault, 3rd. Gugliuzza is accused of punching another person in the face several times breaking his tooth and causing other injuries.

Austin L. Wester, 17, of 3373 Pratt Road, Batavia, is charged with two counts of endangering the welfare of a child, escape, 3rd, and obstructing governmental administration. Wester turned himself in to Batavia PD on the above charges and was jailed on $250 bail.

Julious Murphy, 59, of 319 Ellicott St., Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Murphy is accused of striking a child multiple times with a belt causing bruising.

A 17-year-old, of East Bethany Le Roy Townline Road, is charged with petit larceny. The youth is accused of stealing a half dozen eggs from Tops Market in Le Roy.

Guadalupe Hernandez, 35, of Bank Street Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to signal turn, speeding and unlicensed operation. Hernandez was stopped at 2:39 p.m., Saturday on Bank Street Road, Batavia, by Sgt. Brian Frieday.

Daniel Cody Rosicka, 17, of 9292 Robbins Road, Le Roy, is charged with grand larceny, 3rd, and criminal mischief. Rosicka is accused of stealing several diamond rings from a family member and damaging the property of another. Rosicka was jailed on $5,000 bail.

Christopher Anthony Burek, 19, of Broadway Road, Alden, is charged with harassment, 2nd. Burek was allegedly observed pushing a female guest at a party at 1:52 a.m., Friday.

Nicholas M. Worrells, 24, of East Main Street, Le Roy, is charged with criminal obstruction of breathing or blood circulation. Worrells is accused of choking his girlfriend during an argument, causing obstruction of breathing and blood flow. Worrells was jailed on $1,000 bail.

This week the Genesee County Grand Jury issued the following indictments.

Mitchell J. Irish is accused of assault, 2nd, a class D felony, for allegedly recklessly causing serious physical injury to another person on June 9 by means of a deadly weapon and dangerous instrument, a motor vehicle.

In count two, he is accused of vehicular assault, 2nd, a class E felony, for allegedly operating a 1998 Chevrolet in an intoxicated condition on June 9 in the Town of Darien, thereby causing serious physical injury to another person.

In count three, he is accused of driving while intoxicated, a class E felony.

Christian J. Johnson is accused of driving a 2002 Cadillac while intoxicated, a class E felony, on July 23 on Pearl Street in the City of Batavia.

In count two, Johnson is accused of aggravated driving while intoxicated, a class E felony, for allegedly having a .18 BAC.

In count three, he is accused of allegedly operating the same vehicle without an interlock, a misdemeanor, although he was court-ordered to have an ignition interlock device on it.

A Darien man wanted on a felony assault charge was taken into custody in Darien on Thursday morning and jailed without bail.

Wyatt Becker was arraigned in front of Judge Robert Noonan following his arrest and charged with violation of probation, vehicular assault, 2nd, and felony DWI.

The charges stem from a serious injury accident in Alexander in August.

Becker was in Alexander court a few weeks later where he was arraigned and told he would be going to jail on $5,000. Becker reportedly asked to go to the bathroom and then allegedly walked out of court.

He then missed a court appearance in November and Noonan issued a second warrant for his arrest.

A Corfu resident, William Smith, is among 10 people arrested statewide following an investigation into allegedly illegal gun sales at gun shows throughout the state.

Among the shows investigators visited during the investigation was one in Alexander on June 19.

Attorney General Eric T. Schneiderman initiated the sting operation to look for people willing to sell guns without the required background check.

According to officials, investigators explicity stated they needed a gun but could not pass a background check.

From the press release:

"The illegal sale of guns at gun shows endangers the public by giving felons, terrorists and the dangerously mentally ill an open and anonymous marketplace to buy guns without a background check. Our investigators found a blatant disregard for the law where sellers made the conscious decision to sell deadly weapons to individuals who admitted they would not pass a background check," said Attorney General Schneiderman.

"Operation Background Bust not only exposed major flaws in the gun show laws but also proved how ‘off the books’ operations jeopardize public safety by making it easy for guns to fall into the wrong hands. In addition to filing criminal charges against the sellers, and demanding that the gun show operators cease and desist from engaging in illegal practices, my office plans to work with the legislature to hold gun show operators liable when guns are sold at their gun shows without the required background check."

Click here for the full press release from the AG's office.

Joshua Jones, 20, of Sanders Road, Stafford, is charged with leaving the scene of a property damage accident. Jones is accused of his truck hitting a vacuum pump at a car wash on Pearl Street and then driving off. Jones turned himself in to Batavia PD after seeing a picture of his truck on The Batavian. Officer James DeFreze said Jones contacted him a very short time after the picture was posted and said he didn't know he had struck anything. "He was very cooperative," DeFreze said.

Michael David Pacer, 24, of Lake Street, Le Roy, is charged with felony DWI and driving with a BAC of .08 or greater. Pacer was arrested at 2:31 a.m., Thursday, by Deputy John Weis following an investigation into a report of a car parked on Sweetland Road, Stafford.

Cody Alan Bush, 26, of Oak Orchard Road, Batavia, is charged with petit larceny. Bush is accused of shoplifting $56.50 worth of merchandise from Walmart.

Batavia PD is looking for the operator of this red pickup truck. The truck was allegedly involved in a hit-and-run property damage accident on Pearl Street. No further details were provided. Anyone with information should contact Officer Officer James DeFreze (email address removed as no longer relevant).

UPDATE 9:44 p.m.: Within an hour of this post going up, Officer DeFreze received information that helped him get in contact with the alleged operator. No further information available at this time. Officer DeFreze thanks the readers of The Batavian who responded for their assistance.

James E. Murray, 23, of 1 Cone St., Batavia, is charged with two counts of criminal contempt, 2nd, unlawful imprisonment, 1st, strangulation, 2nd, and endangering the welfare of a child. Murray was arrested following the investigation into a domestic incident reported at 4:45 a.m., Monday. Murray was not on scene when police arrived at the alleged incident location. He turned himself in at Batavia PD headquarters at 2 p.m., Monday. He was jailed on $5,000 bail.

Lawrence D. Williams, 51, of 148 Hutchins St., Batavia, is charged with falsely reporting an incident. Williams is accused of calling the dispatch center at 10:46 p.m., Monday, and reporting a "gunfight" at a city address. Williams allegedly knew the information was false. Williams was jailed on $1,500 bail.

Sean P. Case, 34, of 50 S. Main St., Batavia, is charged with disorderly conduct. Case was arrested following a report at 11:38 p.m., Monday, of a person on South Main Street near the Oak Street Extension yelling obscenities. Case was identified by witnesses.

Roger Lee Ballard, 18, of Liberty Street, Castile, and a 16-year-old of Route 362, Bliss, are charged with petit larceny. Ballard and the youth are accused of going into Kmart and taking several pieces of an Xbox gaming system out of their packages and concealing them in their pants and walking out of the store without paying for the items.

Aaron M. Zastrocky, 27, of 6870 Byron Holley Road, Byron, is charged with falsely reporting an incident, 3rd, and making a punishable false written statement. Zastrocky is accused of falsely reporting a vehicle stolen. Zastrocky allegedly signed a written statement reporting the vehicle stolen. Allegedly, the statement was false.

Daniel L. Russell, 36, of 152 S. Main St., Batavia, is charged with DWI and driving with a BAC of .18 or greater. Russell was stopped at 2:09 a.m., Sunday, on West Main Street, Batavia, by Officer Marc Lawrence.

Rachel A. Fromwiller, 27, of 164 Main St., upper, Akron, is charged with throwing refuse on a public highway (littering), DWI and refusal to take a breath test. Fromwiller was arrested after Officer Kevin DeFelice received a complaint of a woman in a car at Wilson Farms on Pearl Street who may need assistance. Following an investigation, Officer DeFelice made the arrest.

A Central Avenue resident who admitted last month to attempted criminal possession of a controlled substance, 3rd -- a drug-dealing charge -- will spend four years in state prison, Judge Robert C. Noonan ruled today.

Derek Leach, 31, of 29 Central Ave., Batavia, was arrested in March following a parole check of his residence.

When law enforcement searched the apartment, investigators reportedly found numerous bags of cocaine.

Leach was on parole at the time of his arrest and he entered a guilty plea Nov. 7.

Also arrested with Leach were Eric Williams, 45, of 219 Washington Ave., and Randy G. Leach II, 24, of 58 South Main St. The status of their cases is not available at this time.

Patrick Raymond Krieger, 21, of East Main Street, Corfu, is charged with menacing, 3rd, reckless endangerment, 2nd, and harassment, 2nd. Krieger was arrested following an investigation by Deputy Jason Saile and Deputy James Diehl into a 9-1-1 hang up call in the Village of Corfu at 3:50 a.m., Saturday. Krieger is accused of grabbing the steering wheel of a vehicle he was riding in and jerking it in an alleged attempt to scare or cause harm to the female driver. The vehicle nearly struck a tree and a mailbox when the driver lost control of the car. Krieger then allegedly took the ignition key and shoved it into the neck of the woman and made threats of physical harm. When the woman wouldn't exit the vehicle, Krieger allegedly grabbed her by her throat and hair and threw her out of the car and onto the ground. Krieger was jailed on $5,000 bail.

Nicholas J. Pascucci Jr., 21, of Main Road, Stafford, is charged with criminal possession of a controlled substance, 5th, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and inadequate stop lamps. Pascucci's vehicle was stopped by Le Roy Police on Friday afternoon for an alleged traffic violation. The officer suspected there may be narcotics in the car and requested the assistance of the Sheriff's K-9 unit. The K-9 reportedly alerted on the vehicle and Pascucci was found allegedly to be in possession of a controlled substance with intent to sell. Pascucci was jailed on $10,000 bail.

Willie C. Armstrong, 40, of Tolland Avenue, East Hartford, Conn., is charged with unlawful possession of marijuana. Armstrong was charged following a traffic stop at 4:30 p.m., Nov. 20 on State Street, by Deputy Brian Thompson.

Christopher Nathaniel Johnson, 24, of Salina Street, Rochester, is charged with unlawful possession of marijuana. Johnson was charged following at traffic stop at 8:41 p.m., Saturday, on Route 33, Bergen, by Deputy Brad Mazur.

Five people were jailed Friday, charged with grand larceny and accused of shoplifting from Kmart during a busy Black Friday morning.

The five suspects are all from Buffalo and were reportedly in a rented car when they went to the store at 8363 Lewiston Road.

The suspects were allegedly removing two HD TVs, two mobile phones, video games and numerous cosmetics when confronted by Kmart security.

The suspects fled, leaving behind much of their allegedly ill-gotten booty and headed toward Walmart.

One suspect was found in the Office Max parking lot.

The suspects reportedly tried discarding some of the allegedly stolen merchandise as they fled.

Arrested, charged with grand larceny, 4th, and jailed on $2,500 bail each were:

• Amanda P. Stephens, 25, of Schreck Avenue
• Brittanie S. Wofford, 24, of Hiddell Street
• Crystal M. Snow, 45, of Wohlers Street
• Jazzmen S. Welch, 21, of Goemble Avenue

Also charged, but released under supervision of Genesee Justice, was Emma M. Mills, 36, of Clay Street, Buffalo.

The case was investigated by Deputy Christopher A. Parker, with assistance from Deputy Daniel VanValkenburg, Investigator William Ferrando and State troopers J. Bryman and J. Jackson.

Oscar Donaldo Ramirez-Castanon, 33, of Lewiston Road, Batavia, is charged with forcible touching. Ramirez-Castanon is accused of grabbing the breasts of a woman and trying to kiss her against her will. Ramirez-Castanon is currently jailed on a rape, 1st, charge.

Lori E. Connolly, 54, of 8819 Batavia Stafford Townline Road, Batavia, is charged with DWI and unsafe lane change. Connolly was stopped at 7:42 p.m., Monday, on East Main Street, Batavia, by Officer Kevin DeFelice.

Rachel Emma Pitz, 19, of Market Street, Attica, is charged with petit larceny. Pitz is accused of stealing $67.49 worth of merchandise from Kmart. 

Ashley Marie Budziszewski, 25, of Broadway Street, Oakfield, is charged with petit larceny. Budziszewski is accused of stealing $40.45 worth of merchandise from Kmart. 

Stephen Theron Ferry, 20, of Knowlesville Road, Oakfield, is charged with trespass. Ferry is accused of trespassing on Allen Foods property.

Jason Lee Cramer, 27, of Central Avenue, Batavia, is charged with petit larceny. Cramer is accused of shoplifting from Kmart.

Lamar Ateef Randall, 26, East Park Street, Albion, is charged with unlawful possession of marijuana. Randall was taken into custody on a warrant issued by Batavia City Court. Upon a search during his arrest, Randall was allegedly found in possession of marijuana.

A 22-year-old Medina man accused of shoplifting Tuesday at Kmart allegedly resisted arrest and fled from a deputy, leading to a 17-minute manhunt that ended with his arrest on Batavia Downs property.

Jailed on $2,500 bail was Shawn Richard Wisniewski, of West Avenue Street, Medina.

Wisniewski was accused of trying to steal doe and buck urine.

Deputy Patrick Reeves responded to the store at 3:25 p.m. after the alleged attempted theft was reported and Reeves interviewed Wisniewski. When Reeves tried to arrest Wisiewski, Wisiewski allegedly resisted arrest and fled the store.

Assisting in the manhunt were Batavia PD and State Police.

Wisniewski was charged with petit larceny, escape, 3rd, resisting arrest and criminal possession of a controlled substance, 7th.

No information available on what the alleged controlled substance may have been.

Kurt Hamilton Hawkins Jr., 18, of State Street, Batavia, is charged with assault, 2nd. Hawkins, an inmate at the Genesee County Jail, is accused of assaulting another inmate at 4:26 p.m., Thursday. The alleged victim was treated at ECMC where he was held overnight for observation.

Sandra Louis Chilano, 51, of Dodgeson Road, Alexander, is charged with petit larceny. Chilano is accused of stealing $100 while employed at Alexander Deli as a clerk.

Ryan Christopher Riggi, 16, of Ridge Road, Lyndonville, was arrested on a warrant issued by Batavia City Drug Court. Riggi was jailed on $100,000 bail.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with harassment, 2nd. Dilcher was arrested following a complaint of harassment at 2:10 a.m., Sunday on Park Road in Batavia.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with criminal mischief 4th. Dilcher is accused of smashing the driver-side window out of a pickup truck during an argument at a location on Park Road, Batavia. He is is also charged with trespass. Dilcher was allegedly involved in an incident Nov. 20 in the Batavia Downs parking lot. Upon further investigation Deputy Joseph Graff came to believe that Dilcher had been previously banned from Batavia Downs property.

Christopher Jordan Rhodes, 41, of Transit Road, Wyoming, is charged with DWI, aggravated DWI and failure to keep right. Rhodes was stopped at 2:01 a.m., Sunday, on Lewiston Road, Batavia, by Sgt. Brian Frieday.

Zachary Michael Rebert, 20, of South Pearl Street, Oakfield, is charged with unauthorized use of a motor vehicle, 2nd, and harassment, 2nd. Rebert is accused of getting into a domestic dispute with a woman, pushing her several times and then taking her car without her consent. Rebert was jailed on $5,000 bail.

John Edward Bird, 70, of Barrville Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at a stop sign, moving from lane unsafely and driving left of pavement markings. Bird was stopped at 9:43 P.M., Saturday, on Chapel Road, Byron, by Deputy Jason Saile.