crime

A 33-year-old Batavia resident with a lengthy criminal record who is accused of selling cocaine to an undercover agent is getting his life turned around, he told Judge Robert C. Noonan in County Court on Wednesday morning.

Juan Roman wants to continue on that path and was hoping Noonan wouldn't send him away for any length of time.

"I’m glad that it happened (getting arrested), because it made me a better person," Roman said. "I thank the court system because it saved my life."

Noonan said the progress Roman has made in drug treatment over the past 90 days counts significantly in his favor. But the judge said he couldn't overlook his prior felony convictions, his multiple stints in state prison and previous probation violations.

"You come here with a horrible criminal record," Noonan said.

One of Noonan's options, besides straight prison time, might have been local probation with intermittent incarceration at the Genesee County Jail.

When Roman entered his guilty plea to attempted possession of a controlled substance, 3rd, he agreed to a possible sentence of up to four years in prison.

Since his guilty plea, Roman has been through Hope Haven and other programs of his own choosing. He's also been working on getting back his asbestos removal license. He has only one more week of classes before he can test again.

"I know my record is not a good record," Roman said. "I just want to get my license back to help me further myself and my family and my future."

Roman said he has four children.

He said he accepted full responsibility for the position he found himself in.

Noonan took all that in, but said Roman needed to go away for 90 days to the Willard Drug Treatment Center.

"There are components of Willard that you are not going through right now," Noonan said. "I hope you benefit from them as much as you have from the drug treatment you have been through.

"If you play it right," Noonan added, "you won't be gone long. You will be able to get out and get back on track. I'm hopeful this sentence will continue your positive course."

If Roman doesn't say on the positive course, he will be required to serve four years in state prison.

If he completes Willard successfully, he will be on parole for the term of his sentence plus another three years of post-release supervision.

Submitted by Lisa Fickel:

Time heals all wounds. You cannot prove that one by me. Life can change in the blink of an eye. This one yes, as I am living proof. In my case it was more like 10 minutes. 

My name is Lisa Fickel. My husband Bill was murdered in front of our home on November 10th, 2005. 

It was a warm night for November. Bill and I were chatting about our work day, while I heated our boring dinner -- meatloaf, green beans and rice. It was “crunch time.” Only 10 minutes to "Survivor"!  

It would later be called a “random act of violence.” What did that even mean? This was no act. It was fact. Life as I knew for the past 25 years had ended at the hand of a stranger! 

As we approach the 6th anniversary of Bill’s death, my emotions are as raw as they were on that horrible night. I see the eerie glow of the mist on something laying on the side of the road. Omg! That is my husband! I hear the sirens in the distance. Why don’t they seem to be getting any closer?  And I smell the familiar scents of fall, wet leaves, wood burning, mixed with an odd tinny, iron smell. I quickly discover it to be the smell of Bill’s blood.  

It’s funny how many deals you try to make with God in an instant like this.  I promised him anything and everything I could think of! After all, this couldn’t be happening. Not to me. Not in Oakfield. Not to normal people who played by the rules. Murder, stabbings, shootings only happened in downtown Buffalo or Rochester, right?

At some point I was surrounded by people, chaos -- where did they all come from? I felt an unbelievable sense of calm wash over me. My mind was as clear as it could be. I’m told that was probably shock setting in.  But I knew it was Bill guiding me through my ordeal, helping me cope. I knew at that moment he was gone. I just could not let myself think or believe it.

Fast forward, 2011…The murder of Bill Fickel has yet to be solved. 

Yes, Chief Deputy Jerome Brewster has named “a person of interest” in our case. However, NO ONE has been formally charged. 

In January 2006, I vowed that I would be involved in the investigation every step of the way. I would not, could not let Bill be forgotten. He was loved by many. He was a victim and deserves justice!

My goal by recounting some of my thoughts and feelings is to provide you with a human connection to a local headline. A murder occurred in your community. This loss affected your family, friends, neighbors, coworkers, etc. If you know or have heard anything regarding our case, please contact the Genesee County Sheriff Office. The $100,000 reward still stands. Closure! It’s more than a word. It’s a new beginning. Perhaps a new life! 

Thank you to all for the endless love, support and prayers.

Two men from Batavia who are accused of stealing 10 windows with casings and a screen door from a residence on Clinton Street Road, Bergen, on July 26 entered not guilty pleas in county court on Monday morning.

Jamie Scott Scholonski, 39, of Vine Street, and Joseph Allen Hogan, 42, of Bank Street, appeared separately before Judge Robert C. Noonan.

Both men were indicted by the Grand Jury last week on counts of grand larceny in the fourth degree and criminal mischief in the third degree.

Following motions, both are scheduled to reappear in court in mid-January.

Previously: Police Beat: Two Batavia men accused of overnight burglary in Bergen

A lifelong Batavia resident, who was at a house on Central Avenue in March when a search by law enforcement allegedly found a quantity of cocaine and drug paraphernalia, entered a guilty plea to a drug charge Monday morning.

Eric P. Williams was among three people arrested at 29 Central Ave., Batavia, on March 12.

The 45-year-old Williams, who was born in Batavia, admitted to attempted possession of a controlled substance, 3rd, telling Noonan that he knew he illegally possessed cocaine with an aggregate weight of 1.5 ounces or more.

He faces a sentence of two to eight years in state prison.

Sentencing is scheduled for 9:30 a.m., Jan. 3.

Williams is currently in custody at the Genesee County Jail.

Arrested with Williams were Derek Leach, 31, of 29 Central Ave. and Randy G. Leach II, 24, of 58 S. Main St. The status of their cases is not immediately available.

A Corfu resident who admitted last month to possessing cocaine will spend five years on probation, even though Judge Robert C. Noonan said he was reluctant to give that sentence to 29-year-old Brandon R. Brade.

Noonan told Brade that reading pre-sentence reports is often like reading a novel, and before he gets to the end he can anticipate the outcome.

In this case, Noonan said, Brade's story said, "he's going off to prison," but the twist in this story was that the probation department was recommending probation for Brade. The recommendation was based on Brade's recent success, and "only his recent success," said Noonan, in substance abuse treatment.

But Noonan counseled Brade that if Brade continues in some of his behavior, and especially some of his attitudes, the story wouldn't turn out well for the Corfu resident.

"If you display your defiance of authority and the world's rules as you have seemed to do in the past, that’s not going to work for you," Noonan said.

Brade admitted to possession of cocaine Aug. 18. He originally faced several drug-related charges, including the sale of cocaine.

While Brade had some minor scrapes with the law prior to 2005, his attorney said, this is Brade's first felony conviction.

An Oakfield resident accused of multiple burglaries and other crimes in several Genesee County jurisdictions was ordered held in jail without bail by Judge Robert C. Noonan on Monday morning.

Benjamin W. Muntz appeared in county court to be arraigned on charges of burglary, 3rd, possession of stolen property and petit larceny.

Assistant District Attorney Melissa Cianfrini asked that Muntz, who was already in jail, continue to be held without bail because he faces possible felony and misdemeanor charges out of Oakfield, Elba, Alabama and Bergen.

Thomas Burns, the attorney assigned Muntz, asked for a bail review once all of the other cases are brought before Noonan.

Muntz pled not guilty this morning.

In the current indictment, Muntz is accused of breaking into a garage on Judge Road, Alabama on Aug. 26 and stealing a Honda dirt bike.

Wyatt J. Becker, 21, of Sumner Road, in Darian, is a wanted man.

Judge Robert C. Noonan issued a warrant for his arrest Monday morning after Becker failed to appear for an arraignment on DWI and a felony charge of vehicular assault, 2nd.

Assistant District Attorney Kevin Finnell hasn't seen Becker since an appearance in Alexander Town Court where Becker, during his arraignment there, asked to use the restroom and never came back.

Becker was reportedly involved in an accident Aug. 3 in which his passenger was seriously injured.

State Police arrested an Albion man in Elba on Thursday following a chase along back roads in two counties that reached speeds of 90 mph.

The chase started with what should have been a routine traffic stop, according to Sgt. Ron Lober, NYS State Police.

Instead of stopping, the driver took off heading south.

"The chase lasted 12 minutes, covering a distance of 17 miles. None of it went through any villages," Lobur told WBTA.

"The vehicle operator lost control on (Barrville) road (in Elba) and slid off into a grassy area," Lobur said.

The driver, 34-year-old Jason Klotzbach, of Albion, was arrested and taken into State Police custody.

Troopers out of Albion conducted the chase and made the arrest.

Local law enforcement is looking for information regarding a daytime burglary Wednesday in Pavilion.

Two shotguns and a television were stolen sometime between 6:20 a.m. and 6 p.m.

Similar burglaries have been reported within the past two weeks in Livingston County.

In the Pavilion case, the homeowner reported that somebody broke through his front door to gain entry to the house.

Anyone with information related to the case is asked to call Major Matt Burgess, State Police, at (585) 243-7100.

Annette Joy Waleski, 45, of South Pearl Street Road, Oakfield, is charged with petit larceny, possession of burglar tools and criminal mischief, 4th. Waleski is accused of trying to stealing $399.77 worth of merchandise from Kmart. Waleski allegedly used a cutting tool in the process of the attempted thefts.

Lindsay Ann Skivington, 24, of Cook Road, Byron, is charged with endangering the welfare of a child. Skivington is accused of allowing her infant child into contact with the infant's father, Michael Jamil, in violation of an order of protection. Skivington allegedly brought the child to Jamil's residence.

Philip R. Ayala, 25, of Melville Street, Rochester, is charged with unlawful possession of marijuana. Ayala was allegedly observed by members of the Local Drug Task Force smoking marijuana while in a vehicle on Clinton Street Road, Bergen. Following a traffic stop, Ayala was allegedly found in possession of marijuana. Uniformed deputies assisted in the arrest.

A strong-armed robbery of a purse is reported in Oakfield. No address provided. A Sheriff's deputy is responding.

UPDATE 8:32 p.m.: A woman was assaulted after leaving Wilson Farms Market and heading for home on foot. Her assailant is described as a thin, white male, wearing glasses and a tan-colored jacket.

Steven A. Mullen, 24, of 123 Liberty St., Batavia is charged with failure to report change of address within 10 days. Mullen is a Level 2 sex offender and required to report a change of residence. Mullen is accused of reporting in June 2011 that he was living on Law Street. An investigation revealed that Mullen was allegedly living on Liberty Street. The charge is a Class E felony.

Katelyn Christen Kubala, 22, of Meadow Lane, Attica, is charged with petit larceny. Kubala was arrested on a bench warrant out of City of Batavia Court. Kubala was jailed on $1,000 bail. Kubala was also arrested on a warrant related to a petit larceny charge out of Town of Batavia Court.

Brittany Megan Kuhn, 22, of Clipnock Road, Bethany, is charged with unlawful dealing with a child, 1st. Kuhn is accused of hosting an underage drinking party at 11:20 p.m., Monday.

Rosemary Renee Waters, 26, of Bank Street, Batavia, is charged with petit larceny. Waters is accused of shoplifting from the Wilson Farms store in Oakfield.

Joseph Stanley Shaffer, 47, of West Main Street, Batavia, is charged with DWAI - Drugs, unlicensed operator and moving from lane unsafely. Shaffer was charged following a property damage accident at 3:04 p.m., Tuesday, on Batavia-Oakfield Townline Road, Batavia. Shaffer's car reportedly sideswiped another vehicle.

Bradley Robert Jordan, 18, of Silver Road, Bethany, is charged with harassment, 2nd. Jordan is accused of pushing another person to the ground during a dispute.

Rafael Louis Munoz Ramos, 36, of South Pearl Street, Oakfield, is charged with harassment, 2nd. Munoz Ramos is accused of striking a coworker in the face.

Kelsey Lee Eksten, 20, Alexander Street, Rochester, is charged with unlawful possession of marijuana. Eksten was charged following a traffic stop on Monday by Deputy Brian Thompson.

Matthew John Mistretta, 22, of Alexander Street, Rochester, is charged with criminal possession of a weapon, 4th. Mistretta was allegedly found in possession of a cane sword during a traffic stop by Deputy Brian Thompson on Monday.

With the recent reports of burglaries in Oakfield, some residents have questioned why the village isn't patrolled by a deputy.

Oakfield resident Jeremy Yasses posted on Facebook a request for people to attend a meeting at the village hall at 5:30 p.m., Nov. 14.

"I actually did quite a bit of research a few months ago before we had all the break-ins," Yasses wrote. "The Village of Bergen has a deputy a few days a week on different shifts in four-hour intervals and it costs $12,000 annually. I have already spoken with Sheriff Gary Maha and the Village of Bergen mayor, who praised the work done by the deputies."

Yasses said he doesn't anticipate a proposal to raise taxes and he's not suggesting a deputy be dedicated to the village full-time at a cost of $50,000 a year.

"We need a presence here in Oakfield to question those walking around aimlessly," Yasses wrote. "There have been problems all summer long on the south side of the village and now it is widespread."

Yasses is asking people to attend the village meeting and support the proposal.

Aaron J. Wood, 20, of Iroquois Road, Caledonia, is charged with petit larceny. Wood is accused of unwrapping and eating a $3 pizza while in the Tops Market in Le Roy. Wood allegedly tried to leave the store without paying for the pizza.

Joseph Dennis Vendetta, 30, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, tinted windows and driver's view obstructed. Vendetta was stopped at 2:21 a.m., Saturday, on Richmond Avenue by Deputy Patrick Reeves.

Billy Joe Budziszewski, 20, of Alleghany Road, Corfu, is charged with criminal possession of a weapon, 3rd, and criminal mischief, 4th. Budziszewski is accused of getting into a dispute with his father Friday morning. During the dispute, Budziszewski allegedly became verbally abusive and punched the kitchen wall and front door, causing some damage during the argument. Budziszewski also allegedly had a pair of metal knuckles in his bedroom dresser.

Luis Geraldo Pacheco, 49, of Webster Avenue, Rochester, is charged with three counts of criminal contempt, 2nd. Pacheco is accused of violating a stay away order on three separate occasions.

Melvin Gaylord Draper, 30, of Webber Avenue, Oakfield, is charged with felony DWI, aggravated DWI (BAC of .18 or greater), aggravated unlicensed operation, 1st, and improper signal. Draper was stopped at 12:47 a.m., Saturday, on Bank Street Road, Batavia, by Sgt. Brian Frieday.

Gene Robert Schmidt, 44, of Dodgeson Road, Alexander, is charged with DWI, driving with a BAC of .08 and failure to keep right. Schmidt was stopped at 1:33 a.m., Saturday, on Bowen Road, Alexander, by Deputy Jason Saile.

Trent H. Burgess, 39, of West Avenue Brockport, is charged with DWI, driving with a BAC of .08 and speeding (89 mph in a 55 mph zone). Burgess was stopped at 12:26 a.m., Sunday, on Clinton Street Road, Stafford, by Deputy Howard Carlson.

Brian James Nelson, 24, of Grove Street, Painted Post, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and driving left of pavement markings in a no-passing zone. Nelson was arrested following the investigation by Deputy Jason Saile into a one-car accident at 6:04 a.m., Sunday, on Route 77 in Darien. 

Daniel L. Cone, 51, of 6380 Clinton St. Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and prudent, following too closely and moving unsafely from lane. Cone was stopped at 5:55 p.m., Saturday, on East Main Street, Batavia, by Officer Dan Coffey.

Lawrence D. Williams, 51, of 148 Hutchins St., Batavia, is charged with criminal possession of a controlled substance, 7th. Williams was allegedly found in possession of a small quantity of cocaine following a traffic stop.

Scott G. Tooley, 26, of 199 S. Main St., Batavia, is charged with endangering the welfare of a child. Tooley is accused of leaving a young child at home without adequate supervision.

Following an investigation into an alleged assault of a 14-year-old at a party on Cleveland Road in Pembroke on Aug. 23, a Portageville man is facing two felony charges.

Arrested on Oct. 21 was Joshua J. Ebersole, 25, of State Route 19A, Portageville. Ebersole is charged with strangulation, 2nd, and assault, 2nd.

He was jailed on $10,000 bail.

Also charged was David M. Snyder, 25, of Genesee Street, Warsaw. Snyder is charged with assault, 3rd, a misdemeanor.

The case was investigated by Deputy Jason Saile and Investigator Roger Stone.

Catherine R. Bater, 20, of 112 Lake St., Le Roy is charged with grand larceny and endangering the welfare of a child 1st. Bater was arrested by Le Roy Police on two separate cases. In the first case, Bater is accused of stealing a laptop computer, digital camera and multiple DVDs from a residence on Lathrop Avenue on or about Sept. 25. The camera and computer were recovered. In the second incident, Bater is accused of switching out a prescription of generic Ritalin belonging to a juvenile with high blood pressure medication (Clonidine). The switched medication was subsequently administered to the juvenile causing the youth to lose consciousness. Batar was arraigned and jailed on an unspecified amount of bail.

Eric Bratcher, 22, of 7 1/2 North St., Le Roy, was arrested on a bench warrant. Batcher is accused of violating the terms of his release under supervision contract. Bratcher was originally charged Oct. 16 with burglary, accused of breaking into a Gilbert Street residence and stealing a video game system and games. Bratcher was jailed on an unspecified amount of bail.

Uriah Ian Charles Smoke, 26, of Bloomingdale Road, Basom, is charged with reckless endangerment, 2nd, and criminal mischief. Smoke is accused of throwing a glass coffee mug at a minivan while his girlfriend and their child were in the van. The impact caused the glass of the sliding door window to shatter, spraying the infant with glass. The infant was not injured.

Andrew Joseph Lennox, 23, of Webber Avenue, Oakfield, is charged with trespass. Lennox is accused of being on College Village property after being banned from the property.

An Oakfield man already accused of other thefts is facing new burglary and larceny charges following an investigation by Sheriff's investigators into a recent series of crimes in the Oakfield and Elba area.

Benjamin W. Muntz, 22, of 6966 Knowlesville Road, Basom, is being charged with burglary, 3rd, grand larceny, 3rd, and petit larceny.

Muntz is already being held in the Genesee County Jail on a third-degree burglary charge.

Investigators suspect Muntz of stealing an ATV, a dune buggy and a dirt bike from a residence in the Town of Oakfield between June 20 and June 26. The value of the three vehicles is reportedly more than $2,500.

He's also suspected of stealing a large quantity of tractor weights from a location in Elba between Aug. 1 and Sept. 7 with a total value of more than $8,000.

Muntz is also suspected of stealing tractor weights from outside a building in Alabama around Sept. 1 with a value of about $500.

The ATV, dune buggy and dirt bike have been recovered, officials report, but they believe the tractor weights were sold for scrap metal.

In early September, Muntz was arrested and accused of entering a barn in Alabama and stealing a small child's dirt bike. He's also been accused of trespassing and attempting to steal items from a property in Byron.

On the two new felony charges, Muntz was ordered held without bail.

A young woman worked an agreement with Jeremy Almeter, owner of Glass Roots on Center Street, to avoid criminal charges after she was caught on video making an art heist from the shop. The woman walked out the front door with two paintings on the very first day Almeter was using a video surveilance system installed by Rich Clark of Computer and Phone Repair (CPR). Almeter and the woman made an agreement not to release her name. She walked in front of the store for two hours today carrying the sign reading "I stole art from Glass Roots."

Jeremiah T. Jones, 38, of 535 McGinnis Road, Scottsville, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Jones was allegedly involved in a domestic dispute at a residence on Central Avenue at 8:10 a.m., Tuesday.

Kara Jo Oliveri, 27, of Moller Street, Binghampton, was arrested on a bench warrant related to a petit larceny charge. Oliveri was arrested in Binghampton and arraigned in Darien Town Court. Oliveri posted $305 bail.

Jason Michael Norton, 39, of Pekin Road, Oakfield, is charged with grand larceny and petit larceny. Norton is accused of stealing money and giving discounts on store merchandise under retail value while employed at Lowe's. The total value of the alleged thefts exceeds $1,800.

Joseph Charles Wind, 41, of Horseshoe Lake Road, Batavia, was arrested on a bench warrant. Wind was arrested by Rochester Police on a warrant out of Batavia City Court and turned over to the Genesee County Sheriff's Office. Wind was jailed on $100,000 bail. The nature of the underlying alleged crime was not released.