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Someone stabbed on Ellicott Street in the city, just south of Hutchins Street

By Billie Owens

Someone has reportedly been stabbed on the street, prompting City of Batavia police to respond to a location on Ellicott, just south of Hutchins Street. The victim, an adult male with a laceration to his right hand and middle finger, has just arrived at UMMC via Mercy EMS.

UPDATE 12:55 a.m: The incident may be a domestic situation and the suspect is in custody, according to a police officer.

Police Beat: Stafford man accused of driving while on drugs

By Howard B. Owens

Mark D. Tooley, 28, of Main Road, Stafford, is charged with a felony count of DWAI-Drugs, felony aggravated unlicensed operation and criminal possession of a controlled substance, 7th. At 2:28 p.m., the Sheriff's Office received a report of a red Dodge Caravan being driven erratically on Westbound Route 33, Bergen. The vehicle was located driving on Route 33 in Stafford and observed crossing a double solid center line and weaving within its own lane. The car was stopped and Tooley was charged with the offenses listed above along with criminal impersonation, 2nd, for allegedly giving a false name and date of birth to a deputy and driving left of pavement markings. Tooley was was jailed on $25,000 bail.

Steven Keith Snyder, 46, of Westside Drive, Chili, is charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed and refusal to submit to breath test. Snyder was arrested during an investigation into a property damage accident reported at 12:02 a.m. Thursday on Walker Road, Darien, by Sgt. Brian Frieday.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with petit larceny. Lockhart is accused of shoplifting from Kmart on June 21, but he could not be apprehended that day. He is accused of stealing $54.23 in merchandise. Lockhart was jailed on $1,000 bail.

Police Beat: Driver charged with DWI in connection with accident in February

By Howard B. Owens

Jody Blaine Gillett, 50, of Pine Hollow Drive, Batavia, is charged with DWI, aggravated DWI and moving from lane unsafely. Following a lengthy investigation into an accident on Clinton Street Road, Batavia, on Feb. 23, Gillett was accused of driving while intoxicated.

Douglas Paul Cornelius, 32, of Pratt Road, Pembroke, is charged with petit larceny. Cornelius is accused of stealing woodworking equipment from a location on Pratt Road, Pembroke. 

Tyler P. Schroeder, 19, of Lewiston Road, Batavia, is charged with petit larceny. Schroeder is accused of stealing $700 from a residence in Elba on June 3. Schroeder was arraigned in Oakfield because no Elba town justice was available and remanded to Genesee Jail on $3,000 bail.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with unlawful possession of marijuana. Lockhart is accused of trying to hand off marijuana he had in his pocket to a girlfriend while in Town of Batavia Court on an unrelated criminal charge.

William Andrew Johnson, 23, of Alexander Street, Rochester, is charged with unlawful possession of marijuana. Johnson was allegedly found in possession of marijuana during a traffic stop at 8:43 p.m., Tuesday, on Route 77, Corfu, by Deputy Patrick Reeves.

John Jeffery McCombs, 23, of Oxford Street, Rochester, is charged with unlawful possession of marijuana. McCombs was a passenger in a vehicle stopped for alleged traffic violations at 8:43 p.m., Tuesday, on Route 77, Corfu, when he was allegedly found in possession of marijuana by Deputy Patrick Reeves.

Nathaniel Michael Dickens, 18, of Broadway Street, Oakfield, is charged with harassment, 2nd. Dickens is accused of striking another person during an incident on July 7.

Deborah A. Schramm, 30, of East Main Street, Batavia, and Michael R. Schramm, 35, of East Main Street, Batavia, are charged with petit larceny. Deborah and Michael are accused of shoplifting at Walmart.

Hanging ticket that once hung at HLOM returned to museum

By Howard B. Owens

It's a ticket to one of the last hangings in Genesee County and it was last seen hanging in the Holland Land Office Museum in the early 1970s.

It was around that time, maybe a couple of years earlier, that it was apparently stolen.

In 1973, an unidentified couple bought it from a guy selling antiques out of the trunk of his car in Pavilion.

A few weeks ago, the now-elderly couple decided to donate it to the Genesee Country Museum, but the museum director there immediately recognized it as property of HLOM and called up Director Jeffrey Donahue to see about returning it.

A few days ago, Don Read, Bob Turk and Donahue drove to Mumford to recover the framed relic.

The ticket was issued in May 1866 by Sheriff Parley Upton (unknown family connection to Gen. Emery Upton) to Henry Todd, a local newspaper editor. It was donated to the HLOM by Philip Skelton Jr.

The murderer hanged was Levi Mayhew, a veteran of the Civil War who became the lover of another man's wife. The cuckold's wife wanted her husband dead and tried to get Mayhew to poison him, but he wouldn't do it. When she threatened to do it herself, Mayhew decided to kill the husband, Theodore Dunham, himself by beating him to death in Indian Falls.

Mayhew was hanged on May 4, 1866.

The last hanging in Genesee County was apparently 10 years later when Thomas B. Quackenbush was punished for the Dec. 3, 1875 murder of Sarah Norton, also in Indian Falls. He was executed by hanging in August 1876 by Sheriff Ward.

UPDATE: It looks like the last execution was Charles Stockley, hanged on Aug. 19, 1881 at the age of 24. Stockley shot and killed his former boss in a dispute over the man's daughter.

Drugs and fighting top the bill of arrests at Darien Lake's Kid Rock concert

By Howard B. Owens

The following arrests were made in connection with the Kid Rock concert at Darien Lake Performing Arts Center on Wednesday.

Richard W. Wilson, 16, of Lemunyan Hill Road. Wilson is charged with assault, 2nd, resisting arrest, disorderly conduct and sale of imitation drugs. Wilson allegedly sold an imitation drug and then fought with deputies. A deputy was injured during the scuffle, suffering numerous cuts on his forearm, requiring several stitches. Wilson was jailed on $20,000 bail. The injured deputy is Youth Officer Chris Erion.

David T. Costrino, 50, of Brown School House Road, Holley, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Costrino was allegedly found in possession of Ecstasy, hallucinogenic mushrooms and marijuana.

Austin G. Costrino, 25, of Brown School House Road, Holley, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Costrino was allegedly found in possession of Ecstasy, hallucinogenic mushrooms and marijuana.

Travis M. Queary, 28, of 7038 Texas Road, Croghan, is charged with arrested for trespass, disorderly conduct and unlawful possession of marijuana. Queary allegedly refused to leave the concert venue after being ejected. He then allegedly caused a disturbance in the campground area and during the investigation of that incident was allegedly found in possession of marijuana.  

Tara M. Victor, 32, of Juniata Place, Buffalo, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in original container. Victor allegedly possessed a controlled substance in an unmarked bottle with out a prescription.

Joseph G. Marchese, 49, of Ladner Avenue, Buffalo, is charged with harassment, 2nd. Marchese allegedly punched a security guard while being escorted from the venue.

A 17-year-old of Hulberton Road, Holley, is charged with disorderly conduct. The youth allegedly caused a disturbance in the parking lot. The person was jailed on $250 bail.

A 17-year-old of Allen Road, East Concord, was charged with trespass. The youth allegedly returned to the concert venue after being ejected and told not to return.

Kelly L. Prue, 40, of Strathmore Circle, Rochester, is charged with disorderly conduct. Prue allegedly spat on a passing employee.

Burt T. Lyon Jr., 46, of Wehrle Drive, Lancaster, is charged with petit larceny. Lyon allegedly stole a display sign.

The following citations were issued for allegedly possessing alcohol under age 21:

Samuel J. Kroter, 20, of Church Street, Barton
Korey D. Hunsinger, 20, of Cole Hill Road, Nichols
Zachary K. Spaulding, 20, of Grove Street, Angola
Graig G. Leone, 20, of Grove Street, Angola
Cassondra M. Duckman, 20, of University Avenue, Atlanta
Christopher W. Moody, 19, of Cainal Lane, Grand Island
A 16-year-old of Hulberton Road, Claredon
A 16-year-old of Ridge Road, Holley
A 16-year-old of Vanderbilt Avenue, Niagara Falls
Matthew Soto, 20, of 20th Street, Niagara Falls
Joshua J. Clark, 18, of 12 C Street, Niagara Falls
Carleigh M. Preisch, 19, of 20th Street, Niagara Falls
Alexander J. Kaempf, 20, of Willow Ridge Lane, Lancaster
Tyler D. Guarasci, 18, of Williamsburg Lane, Lancaster
Chantal R. Ellis, 20, of Richland Road, Rochester
Kara M. Morris, 18, of Wendhurst Drive, Rochester

Man arrested for allegedly firing gun into residence in Le Roy

By Howard B. Owens

A Village of Le Roy resident was arrested early this morning after a brief overnight investigation into a report of a gun being fired into a residence at 36 E. Main St., Le Roy, at 12:05 a.m.

Taken into custody and held on $5,000 bail is Travis J. Hubbard, 21, of Clay Street.

It's not clear why Hubbard fired the gun, described as a shotgun, into the apartment. The circumstances that prompted the incident remain under investigation.

Hubbard was charged with reckless endangerment, 2nd, criminal mischief, 4th, and unlawful possession of marijuana.

The suspect allegedly broke the front door window of the victim's apartment and discharged the shotgun into the stairwell.

(Initial report)

Person reportedly thrown from moving limousine suffers minor cuts and abrasions

By Howard B. Owens

Mercy EMS requested to the Pembroke Service Center on the New York State Thruway to evaluate a person reportedly thrown from a moving limousine in the area.

The person reportedly suffered only minor cuts and abrasions.

No word on what law enforcement is on scene, but this would likely be a Troop T (State troopers who patrol the Thruway) call, which we don't pick up on our scanner.

East Pembroke Fire also dispatched as required for an EMS call.

UPDATE 12:49 a.m.: When the East Pembroke chief arrived, he couldn't find the individual. Dispatchers recontacted Thruway authorities and were told that he had gone inside the service center and personnel should ask for a waitress named "Bunny" who could point him out. The chief spoke to personnel at the service center who said the individual walked out. There was also a report of a person walking on the Thruway, but he was spotted two miles east of the service center. "It may be one and the same call," says a dispatcher. There was no law enforcement on scene, but a trooper is dispatched. Now a chief says he has a visual on the subject, "but he wants nothing to do with us."

UPDATE 1:11 a.m.: Troopers on scene. Subject in custody.

UPDATE 1:18 a.m.: Medic with the subject now. Dispatch has received more calls about an apparently intoxicated male walking on the Thruway. Checking on availability of troopers to respond.

UPDATE 1:24 a.m.: Apparently, the two troopers handling the case at the service center are the only two Troop T officers on duty on the stretch of Thruway between Buffalo to Rochester.

UPDATE 1:36 a.m.: Troopers now checking eastbound. East Pembroke chief standing by.

UPDATE 1:57 a.m.: The pedestrian subject has been located. No medical assistance needed. East Pembroke back in service.

Resident on East Main, Le Roy, reports gun shot into apartment

By Howard B. Owens

A resident in the area of East Main Street and South Street in Le Roy has reported he and his family were awoken by the sound of a gun shot.

Upon investigation, the resident says a bullet apparently entered the apartment through a window and lodged in a wall.

There is no suspect description available.

Nobody was injured by the shot.

Le Roy Police are responding.

Two young men accused of dealing cocaine in Batavia

By Howard B. Owens

Members of the Local Drug Enforcement Task Force have reportedly seized about $3,000 in cocaine after executing a search warrant against two individuals suspected of dealing drugs.

Taken into custody and jailed without bail were Edward J. Fuller (aka "Taz"), 21, of Parsells Street, Rochester, and Alex S. Dumbleton, 18, of Washington Avenue, Batavia.

Both are charged with two counts of criminal possession of a controlled substance, 3rd.

Task Force members executed the search warrant late Tuesday night by initiating a traffic stop on a vehicle occupied by Fuller and Dumbleton. The stop was made on Ellicott Street.

A search was conducted of the car and of a residence on Jackson Street.

The pair were allegedly found in possession of more than an ounce of cocaine with a street value in excess of $3,000.

Assisting in the arrest were the District Attorney's Office, Batavia police officers and Sheriff's deputies.

Photos: Top, Fuller; bottom, Dumbleton.

Three arrests and 45 underage drinking citations at Vans Warp Tour at Darien Lake

By Howard B. Owens

The following arrests were reported in connection with the Vans Warped Tour at Darien Lake Performing Arts Center on Tuesday.

Eric C. Page, 20, of DeGroff Road, Nunda, is charged with trespass for allegedly allegedly jumping a fence to enter the venue without a ticket.

Matthew F. Abbruzzi,  20, of Christopher Way, Hawley, Pa., is charged with false personation and possession of alcohol under age 21. Abbruzzi allegedly gave a false name to police while in possession of alcohol. Abbruzzi was released on $200 bail. 

Elena M. V. Johnson, 17, of Parkside Avenue, Buffalo, is charged with false personation and possession of alcohol under age 21. Johnson allegedly gave a false name to police  while in possession of alcohol. Johnson was released on $100 bail.

After the jump, the names of individuals cited for allegedly possessing alcohol under age 21.

Brett J. Krebuszewski, 20, of Baynes Street, Buffalo
A 17-year-old of Victoria Heights, East Aurora
A 16-year-old of Fillmore Avenue, East Aurora
Tara A. Hunter, 20, of Madison Avenue, Brewerton
Courtney L. Simmons, 20, of Route 49, Central Square,
Ashley E. Wiatrowski, 19, of Holly Drive, Buffalo (two counts)
Paul S. Carroll,  20, of Church Street, Lancaster
Jaime E. Buirtrago, 20, of Trentwood Trail, Lancaster
Kara M. Macholz, 20, of Gridle Road, Lancaster
Nathan J. Cox, 19, of Chestnut Street, Belfast
Daniel P. Lee Jr., 19, of Haldane Street, Pittsburgh
A 17-year-old of Little John Road, Belfast
Dana M. Schuld, 18, of Route 305, Belfast
Jace L. Slocum, 20, of Fernwood Park, Rochester
Dillon C. Biskup, 18, of West Danby Road, Spencer
Anthony R.A. Hurst, 19, of Perry City Road, Trumansburg
Amanda M. Shaw, 20, of Sovocool Road, Groton
Bobbie L. Steeprock, 19, of Route 11A, Nedrow
Brittany N. Shields, 19, of Longmeadow Drive, Syracuse
Dylin E. Abbatoy, 19, of Glen Road, Berkshire
Anthony J. D’Angelo, 19, of North Main Street, Derry, NH
Maeve E. Beecher, 20, of Skyline Drive, Penn Yan
Erik E. Morehouse, 20, of Hillcrest Drive, Penn Yan
A 16-year-old of Aldridge Street, Gowanda
Christian M. Hilken, 20, of Pike Road, Batavia
Brandi E. Schmiedicker, 18, of Genesee Street, Corfu
Jeremy E. Sasiadek, 18, of Cayuga Creek Road, Cheektowaga
A 17-year-old of Ellington Street, Depew
A 16-year-old of Erie Street, Lancaster
Derek L. Pew, 20, of Genesee Street, Lancaster
Jeffrey N. Jones, 20, of Olean Street, East Aurora
Kelly M. Flynn, 18, of Crestview Drive, Brockport
A 17-year-old of Kams Road, Albion
Maria A. D’Addeo, 18, of East High Street, Lockport
Brennon L. Cain, 19, of Alanview Drive, Lockport
John J. Bannan, 19, of Ohio Street, Lockport
Chelsea L. Strickland, 19, of Hyland Road, Depew
Zachary T. Panchella, 18, of Vermont Street, Bath
Jordan J. Decker, 20, of Supervisor Avenue, Colden
Kylie J. Eaton, 19, of Ladner Avenue, Buffalo
Samuel R. Hall, 19, of Campbell Street, Bath
Michelle L. Carroll, 18, of Weiss Street, Buffalo
A 16-year-old of Weiss Street, Buffalo
Scott J. Burden Jr., 20, of 14th Street, Buffalo

Man reportedly spits in face of woman in Austin Park

By Howard B. Owens

Police requested to the scene of Austin Park where a male who is described as 6' 4" and 220 pound is accused of spitting in the face of a woman.

The two people reportedly had an argument, non-domestic, in the area of the spray park.

RN accused of creating inflated call claims to steal more than $14,000

By Howard B. Owens

A former Bergen resident who was recently accused of stealing a mailbox from a neighbor is facing a grand larceny charge for allegedly stealing $14,650 from her former employer.

Michele Ann Case, 46, of 1037 Chili Center-Coldwater Road, Rochester, a registered nurse, is accused of submitting inflated mileage claims and fraudulent "call-in" claims that, in effect, diverted $14,650 from her employer.

Case worked for the company, which is not named in the press release, from late 2008 through January 2011. She is accused of filing the inflated claims from January 2009 through January 2011.

Following arraignment in Batavia City Court, Case was released under supervision of Genesee Justice.

The alleged larceny was investigated by Det. Charles F. Dudek, Batavia PD.

In June, Case, who was listed as a resident of North Bergen Road, Bergen, in previous arrest reports, was accused of stealing a mailbox. In comments on The Batavian, Case said she thought the mailbox was unused and was merely recycling it.

Previous stories about Case:

Truck drivers get special enforcement attention from Batavia Police

By Howard B. Owens

A total of 36 tickets were issued to 11 drivers of commercial vehicles during a check point set up on Route 98 near the Thruway entrance on June 23, Batavia Police announced.

Besides the citations, two trucks were taken out of service until necessary repairs could be made.

The city's enforcement effort was funded through a Selective Enforcement Program grant through the Governor's Traffic Safety Committee.

The police department said such enforcement details will continue throughout the summer and fall.

Police Beat: Choking law used in alleged domestic incident case

By Howard B. Owens

Patrick John Tomai, 30, of Clinton Street Road, Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Tomai is accused of being involved in a domestic dispute with his wife at 8:38 p.m. Saturday while his children were present.

April Lynn Burke, 30, of Golfshire Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to signal. Burke was stopped at 12:33 a.m. Saturday on Route 33, Town of Batavia, by Deputy Jason Saile.

Stephen Wade Thompson, 34, of West Main Street, Attica, is charged with petit larceny. Thompson is accused of trying to conceal $64.78 in stolen merchandise at Kmart in the box of an air conditioner he had purchased and picked up from layaway.

Ricky Oliver Cooper, 34, of Warsaw Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and no seat belt. Cooper was stopped at 10:33 p.m. Sunday on Sweetland Road, Stafford, by Deputy Matthew Butler.

Andrew Charles Maier, 25, Sumner Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings. Maier was stopped at 2:41 a.m. Monday on Broadway Road, Alexander, by Deputy Howard Carlson.

Two arrests, 31 underage drinking citations at Sugarland concert

By Howard B. Owens

The following arrests were made by the Sheriff's Office on July 8 during the Sugarland concert at Darien Lake Performatin Arts Center.

Tina M. Smith, 42, of  Coburn Street, Elmira is charged with harassment, 2nd. Smith is accused of striking a security guard will being ejected.

Margaret B. DeMarco, 18, of Hughes Street, Buffalo is charged with false personation and possession of alcohol under age 21. DeMarco is accused of providing a false name and being under 21 in possession of alcohol.

After the jump, a list of citations issued for alleged underage drinking. 

 

 

John C. Koenig, 20, of Cary Avenue, Oakfield
Molly M. Erickson, 18, of Jackman Road, Elma
A 16-year-old of Townline Road, Elma
McKenzie E. Harris, 18, of Fisher Road, Oakfield
Matthias J. Schuster, 20, of Liberty Pole Road, Dansville
(name removed upon request), 19, of Bernhardt Drive, Snyder
(name removed upon request), 19, of Mill Street, Williamsville
(name redacted upon request), 19, of Richmond Avenue, Lancaster
Jessica M. Lorusso, 18, of Bridgewater Court, Lancaster
(name redacted upon request), 18, of Ransom Road, Lancaster
(name redacted upon request), 18, of Anthony Street, Lancaster
A 16-year-old of Lake Avenue, Orchard Park
Maureen L. Donohoe, 18, of Bentley Circle, Lancaster
Samantha L. Carson, 19, of Elm Place Lancaster
Jacqueline R. Andrusz, 19, of N. Maple Drive, Williamsville
Mallorie R. Stone, 19, of N. Burdick Street, E. Syracuse
Kelsey L. Temple, 19, of Kenner Road, Minoa
Paige K. Kelly, 19, of Lighthouse Road, Hilton
Trisha N. Duchyns, 19, of Squareview Lane, Rochester
Amanda K. Payment, 20, of Peck Road, Hilton
Brianna L. Venditti, 20, of Curtis Parkway, Tonawanda
Trea H. Watts, 19, of Sweethome Road, Amhurst
Erin K. Philipson, 18, of Highland Road, Ithaca
Stacy L. Squire, 19, of Cherry Street, Batavia
Lindsey E. Penders, 20, of Shepherd Road, Batavia
Melissa A. Smith, 20, of Allenview Drive, Batavia
Brittany L. Morelli, 20, of Lovers Lane Road, Batavia
Jared M. Mutka, 20, of Williamsburg Lane, Lancaster
Nicole E. Jones, 20, of Monroe Avenue, Brockport
Christine E. Dorson, 19, of South 17th Street, Olean
Kathryn E. Horrigan, 20, of Eagle Street, Cooperstown

Police Beat: Elba man accused of hitting neighbor during dispute

By Howard B. Owens

William R. Green, 52, of Batavia-Elba Townline Road, Elba, is charged with harassment, 2nd. Green was reportedly involved with a dispute at 10:15 p.m., Thursday and during the dispute, Green allegedly grabbed his neighbor by the neck and punched him. Green was jailed on $200 bail.

James R. Tydelski, 55, of 7800 Hewes Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at a stop sign. Tydelski was stopped at 1:06 a.m. at the intersection of Mill and Lake streets in the Village of Le Roy by a Le Roy Police officer.

Joshua Todd Fullmer, 18, of West Main Street, Batavia, is charged with petit larceny. Fullmer is accused of shoplifting $34.98 worth of merchandise from Kmart.

Warren Walter McClure, 40, of Hamilton Road, Buffalo, is charged with burglary, 3rd. McClure is accused of entering a business in the Town of Batavia while it was closed on Feb. 6 and stealing money, checks and surveillance cameras.

Todd F. James, 48, of School Road, Byron, is charged with disorderly conduct. James allegedly refused to turn down his radio creating "unnecessary noise" in his neighborhood for more than three hours.

Kelsey Marie Davis, 19, of unreleased street address, Batavia, is charged with harassment, 2nd. Davis was arrested following an investigation into a fight during the Tim McGraw concert at Darien Lake Theme Park on June 25.

Samuel Robert Thompson, 55, of Shady Lane, Batavia, is charged with petit larceny. Thompson is accused of stealing a bicycle from a parking lot.

Level 3 sex offender offered reduced sentence, has until Aug. 8 to decide

By Howard B. Owens

Ronald A. Smith, a Level 3 sex offender facing three new felony charges, has been given a plea offer that would reduce his time in prison to five years.

Or he could take his case to trial, risk conviction, and a maximum sentence of 21 years in jail.

He has until Aug. 8 to decide.

Last month, Smith was convicted in a jury trial of failing to register his proper address as a sex offender.

He will be sentenced on Aug. 8 on that charge, with a possible sentence of up to three and a half years in prison.

If he pleads guilty to one count of sexual abuse in the first degree, he would receive a concurrent sentence of five years max.

The three sexual abuse counts carry a maximum possible sentence of seven years each, and the sentences could be imposed consecutively.

District Attorney Lawrence Friedman explained the plea offer in Genesee County Court this morning when Smith appeared so a trial date could be set on the sexual abuse charges.

Jury selection will begin Oct. 24 if Smith doesn't accept a plea deal on or before Aug. 8.

UPDATE: To clarify the sentencing options on the failure to register conviction. Smith can receive one of two possible indeterminate sentences, either one and a half to three years in state prison, or two to four years. So, on that charge he could likely serve from one and a half to two years, with credit for time already served. If he accepts the plea offer on just one count of sexual abuse, he would receive a determinate sentence of five years.  

Previously:

Le Roy woman who stole from daycare center gets five years probation, 60 days in jail

By Howard B. Owens

A 48-year-old Le Roy resident who stole $6,172 from her employer will spend five years on probation and serve 60 days in jail on an intermittent basis.

Doris M. Castle, of 8325 Vallance Road, was employed by the YWCA in a daycare program. She expressed remorse for her theft in a letter she wrote to her former boss and read in Genesee County Court this morning.

"Words canot begin to convey how truly sorry I am," Castle said. "I loved my job. I loved the kids. You're the best boss I've ever had and you were my friend. I never planned to steal anything, but I was so desperate for money and every time I thought I could put the money back, something else would happen and I would end up  needing more.

"...I know I made restitution, but I know I can't repair what you think of me or what you might think of other employees in the future and whether you can really trust them. As for the children, I know I let them down. Everything I tried to teach them about being a good citizen, I ruined by my actions."

Her supervisor, Patricia McAllister, read a statement emphasizing the trust Castle broke by stealing money and the strain it put on the YWCA to meet its financial obligations.

"She was trusted to provide the children with security, guidance and a role model they can look up to," McAllister said. "I question that role model at this time. I think it was one of the 7-year-old boys who came to me one day and said, 'I don't get it. I don't get it. What was Dory thinking. It wasn't her money.' I had no response whatsoever."

Judge Robert C. Noonan said he believed Castle was sincerely contrite, but added that maintaining public trust in the judicial system was important in embezzlement cases.

"When the public sees somebody who stole a candy bar, or more commonly a DVD or CD, from Walmart going to jail on a petit larceny charge for something that is less than $25 in value, and then they see somebody facing a much more serious charge in a case involving a lot more money getting a community-based sentence, the public has trouble figuring that out," Noonan said.

Noonan went on to explain that the main difference in the cases are the individuals involved. With the typical shoplifting case, the defendant is somebody in-and-out of the legal system, while most embezzlement cases, such as this one, involve somebody who has never been in trouble before.

"I don't fear somebody like you, especially with five years probation, will return to the criminal justice system," Noonan said, "but I do feel there is an importance to protect the credibility of the criminal justice system."

For that reason, Noonan said, he was imposing the maximum sentence available under what he characterized as a favorable plea agreement negotiated by Castle's attorney, William Harper.

Already in federal prison, Le Roy man pleads guilty in fraud case in absentia, case discharged

By Howard B. Owens

A former Le Roy resident who was first involved with a meth lab and later found in possession of forged currency had his forgery case resolved in Genesee County Court today in an unusual manner.

Because Christopher J. Elmore is already in Georgia serving a 10-year federal sentence on the meth lab charges, Elmore was allowed to plead guilty by affidavit to criminal possession of a forged instrument, 3rd, a Class A misdemeanor.

Without Elmore in the court -- and because of the expense of bringing Elmore back to Genesee County for both a plea and sentencing -- Judge Robert C. Noonan, in accordance with the plea agreement, granted an unconditional discharge of the case.

Teen accused of giving pills to minors at Farrall Park

By Howard B. Owens

UPDATED 11:20 p.m.

A Batavia High School student has been arrested, accused of giving an unknown type of pill to minors at Farrall Park on May 28, reportedly making the minors ill.

Charged with two counts of endangering the welfare of a child is Ryan F. DiMartino, 16, of 8821 Rollin Circle, Batavia.

DiMartino was arrested by Batavia PD Officer James DeFreze, who said in a news release that DiMartino was arrested following a  "lengthy investigation."

While police can't release the age of the alleged victims, DeFreze said in an interview that the minors were younger than DiMartino.

Though the alleged victims became ill, they did not require medical treatment, DeFreze said.

Following arraignment in Batavia City Court, DiMartino was released and scheduled to reappear on July 12.

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