crime

A pair of paving contractors from New Hampshire were jailed yesterday after being accused of soliciting without a permit.

Taken into custody where Stephen C. Batchelder, 31, of Mammoth Road, Hooksett, N.H., and Robert J. Batchelder, 33, of Thorpe Street, Manchester.

The duo was allegedly observed on North Lyons Street in the city soliciting driveway paving jobs. A short time later, Stephen and Robert reportedly arrived at an address on North Lyons to pave the driveway of a resident. 

Sgt. Thomas Sanfratello interviewed the subjects and learned they worked for Affordable Asphalt but allegedly did not have a permit to solicit in the City of Batavia. Sanfratello reports that he learned the duo had been ordered out of service by the federal government.

A State Police inspector was called to the scene. He inspected the vehicle and trailer being used by Stephen and Robert. As a result, Stephen was issued 15 additional license, registration and equipment violations.

Stephen was jailed on $2,500 bail and Robert was jailed on $750 bail.

According to the Nashua Telegraph, Robert and Stephen are tied to the Stanley Paving Company. As The Batavian reported in 2010, some local residents felt they might have been scammed by Stanley Paving.

As we reported in April, Stanley Paving was again reportedly working in Genesee County this summer.

Photos: Stephen Batchelder, top; Robert Batchelder, bottom.

Raymond S. Woeller, 51, of 66 Lake St., Apt. 2, Le Roy, is charged with possession of a forged instrument, 2nd, and grand larceny, 4th. Woeller is accused of forging a friend's signature and withdrawing money from that person's bank account. Woeller was picked up at 11:26 p.m., Wednesday, on a warrant out of Batavia City Court. He was jailed without bail.

A 16-year-old of Mechanic Street, Byron, is charged with endangering the welfare of a child. The youth allegedly ran away from a foster home with two juvenile females.  The youth was jailed on $250 bail.

A 16-year-old of Spencer Court, Batavia, is charged with petit larceny. The youth is accused of stealing $52.58 worth of merchandise from Kmart.

Russell Ray Miles, 43, of East Main Street, Le Roy, is charged with harassment, 2nd. Miles is accused of pushing another person during an argument in the parking lot of the Le Roy Country Club. The incident was reported at 8:11 p.m., Wednesday.

Kayla L. Rapone, 20, of 24 Holland Ave., Batavia, is charged with person under 21 purchasing alcohol. Rapone is accused of using a fake ID to purchase beer at a local store.

Kurt H. Hawkins, 18, of 3 Tracy Ave., Batavia, is charged with harassment, 2nd. Hawkins is accused of punching another person in the face.

There is a reported fight, both verbal and physical, on Church Street in Le Roy near the footbridge.

One subject may need medical attention.

It is unclear how many subjects were involved, though it appears the fight is over.

Police officer on scene reports, "There's a bunch of people here on the footbridge."

The mother of a child who fell from a second-floor window on Aug. 22 has been charged with three counts of endangering the welfare of a child.

The woman turned herself in to Batavia Police today following an investigation into the incident.

Charged was Jessica R. Lyke, 23, of 18 East Ave., Batavia.

The 17-month-old child who fell from the window was treated at Strong Memorial Hospital in Rochester and has since been released. 

Le Roy Police have arrested a man who reported that he was robbed and that a suspect was chasing him with a gun.

The man later admitted that he fabricated the story.

Charged with falsely reporting an incident, 3rd, was Donald J. Pettit, 27, of Friendship.

Pettit allegedly called 9-1-1 in the early morning hours of Sunday and made the report.

He was arraigned in Town of Le Roy Court and released on an appearance ticket.

A Batavia man admitted in Genesee County Court today that he possessed a forged insurance check as part of a plea deal that could have him serve a six-month intermittent sentence and a period of time on probation.

Sentencing on the charge for Ryan Shrauger, 41, of 6 Hull Park, Batavia, was set for Oct. 26.

Shrauger was initially charged in Batavia City Court on Aug. 18 with two counts of possession of a forged instrument, two counts of forgery and two counts petit larceny. On Aug. 22, Shrauger was charged in city court again with new counts of possession of a forged instrument.

Today, Shrauger told Judge Robert Noonan that he possessed an insurance check on June 27 in the amount of $900 that belonged to another person, and that he knew the signature on the check was forged.

The admission satisfies the other forgery charges.

On July 28, Shrauger was arrested on a arrest warrant out of city court and allegedly found in possession of cocaine and drug paraphernalia. He was charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd.

Those charges are still pending. 

Shrauger remains in jail on $10,000 cash or bond bail.

A person on a bike reportedly ran into a pole on West Main Street near Woodrow Road and sustained an injury.

The description of the bike reportedly matches one stolen earlier from a trailer park on West Main Street.

City fire is on scene with Mercy EMS and police are responding.

James R. Straub, 37, of Stoneham, Mass., is charged with DWI and refusal to take a breath test. Straub is accused of driving a golf cart on a public road while under the influence of alcohol. Witnesses contacted dispatch at 8:40 p.m. Sunday to report that a man in a "clown suit" (as the photo shows, more like a wild golf outfit) had taken off in a cart owned by Terry Hills and was heading toward the City of Batavia on Clinton Street Road. Straub was eventually located at a residence in the city where he was taken into custody by Deputy Bradley Mazur. Straub was arraigned in Town of Batavia Court and committed to the Genesee County Jail without bail. Straub is reportedly out on $500. Batavia PD assisted in the investigation.

Douglas Brian Uberty, 39, of South Street Road, Le Roy, is charged with two counts of disorderly conduct. Uberty was taken into custody by Deputy James Diehl following an investigation into reports of a man in the Target store at 7:30 p.m., Aug. 17, attempting to look up the shorts and skirts of women in the store. Uberty is also accused of peeping over the wall of a fitting room in the women's department.

Shawn Dowain Phillips, 18, of Bartlett Street, Rochester, is charged harassment as a violation. Phillips is accused of dragging a person outside and punching the person in the face. The incident was reported at 1:44 a.m., Sunday.

Rexine Evelyn Johnson, 45, of Seldon Road, Le Roy, is charged with harassment, 2nd. Johnson is accused of pushing a female friend twice.

Vincente Antonio Torres, 20, of Willowen Drive, Rochester, is charged with DWAI, speeding (63 mph in a 40 mph zone) and driving out of class. Torres was stopped at 2:48 a.m., Saturday, on Main Street Road, Batavia, by Deputy Howard Carlson.

Ryan Andrew Grady, 20, of Pearl Street, Lancaster, is charged with unlawful possession of marijuana. Grady was found to allegedly possess marijuana while in the parking lot at Darien Lake at 11 p.m., Aug. 7, by Deputy Brian Thompson. 

A 17-year-old of Black Street, Sloan, is charged with unlawful possession of marijuana. The youth was charged after allegedly being found with marijuana while in a car parked at Darien Lake Theme Park by Deputy Brian Thompson.

Paul Anthony Swartz, 36, of Route 20 A, Orchard Park, is charged with unlawful imprisonment, 2nd. Swartz was arrested in Darien on a warrant out of Tonawanda. Swartz was turned over to Town of Tonawanda Police.

Charnika Darshae Givens, 19, of Northumberland Avenue, Buffalo, is charged with petit larceny. Givens is accused of shoplifting from the gift shop at Darien Lake Theme Park at 5:30 p.m., Aug. 6.

A possibly sick or intoxicated man is reportedly staggering in the middle of the roadway, thereby creating a traffic hazard, near 110 Munson St. in Le Roy. He's walking toward Gilbert Street. Le Roy Police Department is responding.

UPDATE 9:02 p.m.: The subject is now on Gilbert Street and an officer is at the scene.

A person dressed in a clown suit is believed to have stolen a golf cart at Terry Hills Golf Course just a few moments ago. Staff tried following the person down Clinton Street Road and it is believed he or she may have fled into a nearby field.

Law enforcement is responding.

UPDATE 8:49 p.m.: The brother-in-law of the suspect along with the suspect himself are speaking with law enforcement now at a residence on Clinton Street.

An argument in a back yard on Central Avenue over clothes led to two people being charged with harassment, 2nd, including one woman accused of striking a man with a baseball bat.

Arrested and released on appearance tickets were Paul C. Wapniewski, 55, of 410 Ellicott St., Batavia, and Cheryl M. Lyons, 45, of 14 Vine St. Batavia.

Lyons is accused of hitting Wapniewski with the bat after Wapniewski allegedly shoved Lyons' mother.

The arguement broke out around 7 p.m., Saturday.

Officer Marc Lawrence investigated the incident.

The driver says it was Saturday morning's fog that caused him to miss a stop sign on Freeman Road, South Byron, but that didn't stop a deputy from charging him with DWI.

Charged was Brian R. Dilcher, 25, of Clinton Street Road, Batavia, who was also cited for alleged failure to stop for a stop sign.

Dilcher was eastbound on Freeman Road at 5 a.m. in a 1994 GMC pickup when he allegedly went through the sign at Coward Road, Byron.

His truck struck a Verizon utility box and then a tree.

Dilcher suffered minor injuries, but did not require ambulance transport.

The accident was investigated by Deputy Eric Seppala.

A driver was charged with unlawful possession of marijuana after being involved in a motor vehicle accident on Albion Road, Oakfield, at 2:58 p.m., Saturday.

The driver made a left turn into a drive and told Deputy Timothy Wescott that she had time to beat the southbound car that struck her 2006 Toyota.

The driver of the other car, a 1999 Chevy SUV, Lawrence E. Rebert, of East Shelby Road, Oakfield, was transported by ground ambulance to UMMC with minor injuries.

Charged with UPM and failure to yield the right of way was Andrea C. Rosone, 30, of Albion Road, Oakfield.

The accident occurred in the area of 6478 Albion Road, Oakfield.

(Initial Report)

Two Rochester residents were charged with various offenses Thursday after the Local Drug Enforcement Task Force initiated a traffic stop on the car they were in.

Arrested where Abdullah H. Shareef, 30, of Locust Street, and Michael D. Brewer, 41, of Grand Avenue.

Shareef was charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, plus unregistered, uninsured and uninspected motor vehicle.

Brewer was charged with unlawful possession of marijuana.

Both suspects were issued appearance tickets.

Sara K.L. McCabe, 26, of Lincoln Avenue, Le Roy, is charged with felony DWI, aggravated DWI (children under age 15 in the car), driving without an interlock device and consumption of alcohol in a motor vehicle. McCabe was stopped by Le Roy Police on Thursday after a witness complained of seeing a person in a car consuming alcohol. McCabe was jailed on $10,000 bail.

Geoffrey Charles Saxton, 28, of North Byron Road, Elba, is charged with DWI, driving with a BAC of .08, failure to reduce speed and moving from lane unsafely. Saxton was charged following a one-car accident at Mullen and Morganville roads, Stafford, at 11:59 p.m., Monday.

Shuvon J. Williams, 36, of 5 Lewis Place, Batavia, and Rochelle V. Tomlin, 35, of 2 Lewis Place, Batavia, are charged with petit larceny. Both are accused of shoplifting from Tops Market on Wednesday.

Barbara Jean Alessi, 52, of Rand Street, Rochester, was arrested on a warrant stemming from a petit larceny charge. Alessi is accused of stealing from a business on Lewiston Road. She was taken into custody by the Rochester Police Department and turned over to the Genesee County Sheriff's Office.

Batavia police are looking for two males allegedly involved in a fight behind the board of education building on Washington Avenue.

One is described as wearing a white shirt and red shorts and the other male is reportedly wearing a blue shirt and blue jeans.

The initial call had 30 people involved in the fight. When the first police car arrived on scene, everybody took off running.

A Level 3 sex offender who is accused of committing new criminal sex acts against a child was denied his request for lower bail today.

Anthony L. Nicosia Jr., 54, of Albion Road, Oakfield, is being held in the Genesee County Jail on $15,000 bail or $30,000 bond.

The bail was set in the Oakfield Town Court.

Judge Robert Noonan gave both the prosecutor and defense an opportunity to speak to the bail issue, but then seemingly cut off the discussion saying that as a matter of law, the only thing he could do at this stage of the proceedings against Nicosia is decide whether the bail set by the lower court was excessive.

It's not, Noonan ruled, and he can't lower it at this stage.

Assistant District Attorney Will Zickl argued that bail certainly shouldn't be reduced, if anything it ought to be raised.

Zickl said the alleged victim has been interviewed further since Nicosia's arrest and detailed more alleged assaults. There is the possibility, Zickl said, of further criminal charges.

It's also possible, Zickl indicated, that there may be additional victims.

Nicosia, who was arrested earlier this week and charged with criminal sex act, 3rd, forcible touching and endangering the welfare of a child, was convicted of sexual abuse in the first degree in April, 1995.

Le Roy police suspect somebody has been making "bottle bombs" and letting them explode in an area on the west side of the village.

An investigation began after complaints of gunshots or fireworks heard on the west side of the village.

"Bottle bombs," also known as "works bombs," can be exceptionally dangerous and the Le Roy Police Department is looking for information to help determine who is making them.

Officials also warn residents not to approach any sports drink or 2-liter pop bottles found laying on the ground.

Touching a fully charged bomb can cause it to detonate.

Bottle bombs are made of Drano and tinfoil mixed together in a plastic bottle that is then sealed. Pressure builds up inside the bottle until it explodes. The chemicals inside become a boiling liquid that can cause severe burns and other serious physical injuries.

The bombs are not hard to make and numerous videos of homemade bombs are posted on YouTube.

If a suspected bottle bomb is found, you should move away from it and call 9-1-1 immediately.

The Le Roy Police Department advises that anyone found making these explosives may face criminal charges.

To report information about the possible manufacture of bottle bombs, call 343-5000.

Apparently, Le Roy police just received a call about nude swimming in the Oatka Creek off Mill Street.

It's a complaint heard before, most recently about a month ago, according to one officer who spoke to another one about the matter over the scanner.

"I've heard it before but haven't personally seen it," the officer tells his coworker.

"Did the previous complaint involve 12- to 14-year-olds and a 16-year-old?"

At that point, the officers opted to discuss the details over the phone.

A 33-year-old Bergen woman is charged with second-degree assault following an investigation by the Genesee County Sheriff's Office into an altercation after the Aug. 12 Rascal Flatts concert at Darien Lake.

The arrest report released today alleges that Carolyn Marie Smith, who lives on McCabe Court, was in the parking lot and struck another person in the face while holding her iPhone. This allegedly caused the victim to suffer a severe laceration.

She was arrested Wednesday and arraigned in Darien Town Court before Justice Gary Graber, then released on her own recognizance until a later court date.

The incident was investigated by Sgt. Thomas Sanfratello with the assistance of Deputy Patrick Reeves.