crime

Justin Zane Barker, 22, of North Lyon, Batavia, is charged with burglary, 3rd. Barker is accused of burglarizing the Beaver Brothers Restaurant at Darien Lake Theme Park sometime during the morning hours of Sept. 6, 2009. (Barker was also recently part of a trio that allegedly refused to leave a local hotel, leading to a multi-agency manhunt for Derick Barker.)

Lena M. Evans, 23, of 4037 W. Main St. Road, Batavia, is charged with three counts of petit larceny. Evans is accused of shoplifting from Target on April 11, from Kmart on April 19, and from Bed, Bath & Beyond on an unspecified date. The petit larcenies were investigated by deputies Parker, Richardson and VanValkenburg.

Danny D. Williams, 22, of 21 Wood St., Batavia, is charged with criminal contempt, 2nd, coercion, 2nd, criminal mischief, 4th, criminal trespass, 2nd, and three counts of endangering the welfare of a child. Williams is accused of being at a residence on Thorpe Street at 10:58 p.m., Monday, and being loud and disruptive. When his female acquaintance asked him to leave, according to police, Williams allegedly refused. During the incident, Williams allegedly damaged a glass vase and a mobile phone. Williams allegedly grabbed the phone from the woman's hand and threw it against a wall when she threatened to call police. Three young children were in the residence at the time. According to police, a "no offensive conduct" order was in place at the time of the alleged incident. Williams was taken into custody Tuesday and jailed on $750 bail.

A resident of 3 Orchard Drive, Le Roy, who suffered serious burns in a house fire early Monday morning, has reportedly told Le Roy Police that he started the fire.

Charges are pending against Paul F. Atkinson, 42, according to a statement from Le Roy Police.

Atkinson remains hospitalized at Strong Memorial Hospital where he is being treated for first-, second- and third-degree burns.

According to Le Roy Police, Atkinson said that he started the fire as a result of a disagreement he had with his father Sunday.

The release says that Atkinson made a full statement taking responsibility for the fire.

Several hours before the fire, Atkinson appears to have left a status update on his Facebook page that reads, "everyone can go to hell, tired of this life."

The fire was reported at 3:26 a.m. after the family dog alerted Atkinson's sister to the fire. Her husband, Richard Nelson climbed from a second-floor window to escape the flames and reportedly suffered an ankle injury in the fall. His wife was helped down an outside stairway by a Le Roy Police Officer.

The father, Thomas Atkinson, who owns the house, was not at home when the fire started. He was delivering newspapers.

At least two cars and a shed were broken into overnight on Drake Street, Oakfield.

The steering column of one vehicle was damaged.

The caller reports that it appears somebody tried to hot-wire the car.

The would-be thief reportedly left behind a mobile phone, which the victim has turned over to law enforcement.

UPDATE 7:46 a.m.: There are reportedly several other vehicles on Drake that were broken into overnight.

Shortly after 4:30 p.m., Suzanne Corona, who has been involved in previous criminal cases that made news, walked into the Target store on Veterans Memorial Drive.

Dressed in a gray jacket and blue jeans, she carried a bag over to customer service and pulled out two clothing items for exchange. After showing a receipt for the purchase, she received a handful of cash and put it in her purse.

Corona then walked past a local reporter, a Sheriff's Deputy and his K-9 and the store's asset protection manager, seemingly avoiding eye contact as she proceeded to the jewelry counter.

The asset protection manager, alerted her security staff. She said, "We have her on camera."

The reporter left the store, thinking, "what could possibly happen with a deputy, a K-9, and an asset protection manager right here?"

About five minutes later, Corona reportedly left the store and began to run into the parking lot, calling out, according to witness Brandon Maldonado, "Bruce, Bruce, I'm over here."

Two other people reported seeing Corona duck in between cars and Deputy Brian Thompson with K-9 "Pharoah" exited the store in pursuit of Corona. Thompson later said he glanced over at Maldonado, whose direction of gaze told him where Corona appeared to be hiding.

Thompson said that when he apprehended Corona, he found the allegedly stolen merchandise, perfume, on her.

Corona was returned to the store where she was arrested on a petit larceny charge.

A short time later, Thompson was called back outside to check on a car with Florida license plates. Inside the car, additional merchandise was found that might have come from other local stores and Thompson said there will be an investigation into whether those items were also stolen.

The car reportedly belongs to Corona's brother.

The man who was with the car was released. It's not believed that he was involved in, or had any knowledge of, any alleged thefts.

Corona was then transported to Genesee County Jail for processing.

In June 2009, Corona was arrested in Farrall Park and accused of public lewdness and adultery. The adultery charge made the case somewhat of an international sensation for a short time. Later, Corona was accused of trashing the buffet at South Beach and of shoplifting from a local floral shop.

The adultery charge was dropped as part of a plea arrangement and in November 2010 she was placed on one-year probation. In March, in relation to the shoplifting case, she was referred to the Mental Health Court. 

(initial report)

For previous coverage of Corona, click here.

UPDATE 10:07 p.m.: The Sheriff's Office has issued its press release on Suzanne Marie Corona's arrest. Corona allegedly tried to exit the store and when she did, the anti-theft alarm sounded. She then allegedly attempted to flee. She allegedly attempted to steal two pair of sunglasses, a hair band and a necklace, not perfume as we originally reported.

Photo of Corona outside target this afternoon submitted by a reader. Copyright 2011 by the reader. All rights reserved.

Batavia resident Suzanne Corona, 43, is in the security office at Target, being held on suspicion of shoplifting.

Within the past half hour or so, Corona is alleged to have ran from the store, allegedly carrying merchandise some perfume, and yelling "Bruce, Bruce, I'm over here!" before ducking down and supposedly trying to hide among the parked vehicles, according to witness Brandon Maldonado.

After causing a commotion and exiting the store, she was apprehended by Sheriff's Deputy Brian Thompson, who was in the store at the time doing a K-9 demonstration with "Pharoah."

Dispatch was notified that "Ms. Corona" was being detained and an officer sent to take a statement.

Corona's past brushes with local law enforcement include allegations of shopping from a local florist, trashing a lunch buffet and engaging in a sexual encounter at a public park.

(The name of the perfume has not been disclosed.)

UPDATE 10:09 p.m.: It was not perfume as we were originally told, but Corona allegedly attempted to steal two pair of sunglasses, a hair band and a necklace.

Daniel William Tuerk, 25, of Genesee Street, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Tuerk was arrested after reportedly trying to proceed through an accident scene on East Main Street, Corfu, at 12:58 a.m., Saturday.

Earl Bryan Benson, 22, of Chestnut Street, Batavia, is charged with felony DWI and refusal to submit to breath test. Benson was reportedly found asleep in a vehicle at 2 a.m., Sunday, parked at 64 S. Main St., Elba. Sgt. Brian Friday made the arrest after an investigation revealed that Benson allegedly drove drunk to that location. Benson was jailed on $1,000 bail.

name redacted, 18, of 36 Dellinger Ave., Batavia and Jordon E. Terkel, 21, of 76 E. Main St., Corfu, are charged with unlawful dealing with a child, 1st, and endangering the welfare of a child. xxx and Terkel are accused of supplying alcohol to two 15-year-olds and a 16-year-old on May 28.

Jason Warren Spencer, 25 of Church Street, Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Spencer is accused of being involved in an unspecified incident alleged to have occurred early Saturday morning.

Eugeno Nunez-Gomez, 22, of Hundredmark Road, Elba, is charged with DWI, drving with a BAC of .08 or greater, failure to keep right, unregistered motor vehicle, improper/switched plates. Nunez-Gomez was stopped at 1:12 a.m., Sunday, in the area of 5800 Transit Road, Elba, by Deputy Frank Bordonaro.

James Daniel Kavanagh, 21, of North Avenue, Le Roy, is charged with assault, 3rd. Kavanagh is accused of being involved in a fight at an address on Main Road, Stafford, in which he injured another person.  

Jason Paul Schaefer, 19, of Martin Road, Clarence Center, is charged with criminal contempt, 2nd. Schaefer is accused at being at the Phish concert June 8 while another person he is barred from being near was also at the concert. Schaefer then allegedly got into a verbal altercation, allegedly violating the order of protection.

Matthew F. Vanbuskirk, 22, of 108 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and having non-transparent side windows. Vanbuskirk was stopped Saturday by a Le Roy Police patrol.

Lena Marie Evans, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Evans was allegedly found in possession of narcotics during a check the welfare complaint at 8:32 p.m., Friday.

Ryan Christopher Riggi, 16, of Transit Road, Elba, is charged with criminal contempt, 1st. Riggi allegedly violated an order of protection after reportedly pushing a caseworker on a home visit. Riggi was jailed on $1,000 bail.

Kevin James Huston, 27, of Brooklyn Avenue, Batavia, is charged with petit larceny. Huston is accused of claiming rewards and discounts from Kmart he was not entitled to obtain.

Evan Charles Burstein, 24, of Sunset Hills Road, Reston, Va., is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Burstein was reportedly found by Darien Lake security wandering around the theme park in an intoxicated condition. Upon investigation by Deputy Chad Minuto, he was allegedly found in possession of Clonazepam tablets outside their original container and a quantity of marijuana. Burstein was jailed on $250 bail.

John Mitchell Irish, 29, of Dartmouth Street, Rochester, is charged with felony DWI. Irish was allegedly involved in a car vs. pedestrian accident on Sumner Road, Darien, at 12:26 a.m., June 9. Irish was jailed on $1,500 bail.

Jessica R. Johns, 28, of 120 Jackson St., Batavia, is charged with unauthorized use of a vehicle, 3rd. Johns is accused of taking the car of an acquaintance without permission on June 9. Johns was located on June 10 and the car was returned reportedly undamaged.

Jason Schafer, 23, of Geneseo, is accused of evading cigarette taxes. Schafer was allegedly found in possession of 2,000 untaxed cigarettes.

A Mt. Morris man with a prior criminal record was allegedly observed selling heroin in a Village of Le Roy parking lot, leading to his arrest on multiple drug dealing and possession charges.

Shaun M. Theriault, 30, of Parker Road, is being held in the Genesee County Jail without bail.

Theriault may also be wanted in Florida, but that hasn't been confirmed. He has prior convictions in New York for grand larceny, 4th, and robbery, 1st.

The Sheriff's Office reports that members of the Local Drug Enforcement Task Force and the Le Roy Police Department observed Theriault allegedly conducting a drug transaction in a municipal parking lot in the village.

Upon approaching Theriault's car, officers allegedly found a quantity of suspected heroin, packaging baggies, a digital scale and $506 in U.S. currency. 

Theriault was arraigned in Town of Le Roy court for alleged attempted criminal sale of a controlled substance, 3rd, attempted criminal possession of a controlled substance, 3rd, attempted criminal possession of a controlled substance, 4th, and criminal using drug paraphernalia, 2nd.

A web site out of Florida lists a Shaun M. Theriault with a birthdate of April 20, 1981 as wanted on a fugitive extradition warrant. Theriault is listed on the site as a Nunda resident. The mug shot on the site shows a blond man, but some facial features are similar. The warrant is from 2004, so may no longer be current.

Theriault was held in the state prision in Wyoming County from 2004 until Jan. 14, 2011, when he was released on parole. The crime was robbery, 1st, committed in Livingston County. He was previously in state prison in 2000 to 2001.

UPDATED 3:26 p.m., with clarification of a quote.

In the interest of justice, the aggravated harassment in the second-degree charges filed against political activist Chris Charvella should be dropped, Charvella's attorney argued in Town of Batavia Court this morning.

The hearing was prompted by the defense's motion to dismiss the case.

"If you allow this case to go forward, what is the public going to think?" Charvella's attorney, E. Robert Fussell, told Justice Mike Cleveland. "Are they going to trust a system where a politician is allowed to call the police and have a political opponent silenced?"

Assistant District Attorney Melissa Cianfrini, representing the people, argued that the case against Charvella is neither political nor does it conflict with the First Amendment.

The case is entirely about Charvella's conduct, Cianfrini argued. The key question is whether that conduct violates the harassment, 2nd, statute against making phone calls with no legitimate purpose.

Charvella is accused of placing a phone call to Legislator Jay Grasso and leaving a message on his answering machine. The message said, "Thank you for reading my blog."

Cianfrini argued that the message had no legitimate purpose and taken within the context of comments made by Charvella on The Batavian and on his own blog, constitutes an attempt to threaten and intimidate Grasso.

"What Mr. Charvella did was serious," Cianfrini said. "It wasn't a light moment. He wasn't trying to be funny. It was serious and if you look at the whole body of conduct, it is serious."

In order for the case to be considered serious, Fussell argued, the conduct of Charvella would have to be seen by a reasonable person as intimidating. Just because the alleged victim, he argued, felt alarmed doesn't mean the conduct is in fact harassing.

"Mr. Grasso is either an exceptionally sensitive person who is easily frightened, or he is acting to shut out Mr. Charvella from the political process," Fussell said. 

A key fact disputed during the hearing was the timing of the phone message in relation to a post Charvella did with a picture of an Ewok with the caption, "Prepare your anus."

Cianfrini said the posting of the picture followed by the phone message was clear evidence that Charvella intended to intimidate Grasso.

Fussell countered that the Ewok picture was posted after the phone call, so Grasso could not have seen the picture before getting the phone message.  

To which Cianfrini replied that if that's the case, Charvella's conduct potentially constituted a threat.

Fussell quickly replied that Charvella hadn't been charged with such a crime.

"If those are the facts that come out at trial, the people reserve the right to file that charge," Cianfrini said. "He's on notice."

A few times during the oral arguments, Cianfrini made the point that Grasso wasn't acting in his capacity as a sitting legislator, so the First Amendment didn't apply to the case.

The events around the case were entirely personal, Cianfrini argued, and not about politics or anything Grasso did as a government official.

"That’s what the First Amendment deals with, the government not politics  the placement of a political sign or personal conflicts," Cianfrini said.*

And even if it is a political issue, Cianfrini said, the case isn't about the content of any postings or messages. It's about Charvella's conduct, which Cianfrini argued, was clearly intended to intimidate and harass Grasso, causing him to feel alarmed.

One key piece of evidence not available in the case, Fussell complained, is the phone message itself. The recording was not preserved.

Fussell said the recording would provide important context to the message -- what was Charvella's tone of voice? Was it threatening? Was it humorous? 

It's hard to believe, Fussell said, given Grasso's background in law enforcement, that he didn't know to preserve the evidence.

Cianfrini said Grasso's law enforcement training is irrelevant to the case and that the recording is not needed since Charvella doesn't dispute the fact that he left the message.

As the oral arguments before Justice Cleveland wore down, the tensions between the attorneys intensified.

A couple of times near the close, Fussell made the point that if the case goes forward, Charvella will incur significant legal expenses (Charvella has already spent $7,000 on the case) while Grasso is getting the services of Cianfrini for free.

"That's not accurate, you're honor," Cianfrini said. "I take exception to that remark, I represent the people of the State of New York and I can't stand here and let that go on the record."

*NOTE: Quote clarified after further discussion with Melissa Cianfrini. 

The mellow fans of Phish didn't cause many problems for the Sheriff's Office during the band's concert at Darien Lake on Wednesday.

Only one arrest was made and only one underage drinking citation issued.

"The fact that only Phish concertgoers were in the amusement park, hotel, camping and the concert yesterday, seemed to make for a pleasant day for all," said Deputy Chief Gordon Dibble.

He said EMS was kept busy with heat and alcohol- and drug-related issues.

Arrested were:

Brandon A. Eisenberg, 27, of  Village Gate Court, Williamsville, is charged with criminal possession of marijuana, 4th. Eisenberg is accused of possessing a large quantity of marijuana. Additional charges may be pending.

Adam M. McNamara, 19, of Dean Street, Schenectady, was cited for allegedly possessing alcohol under 21 years of age.

A Georgia resident who is accused of running from law enforcement on June 2 appeared for the first time with his attorney in city court today.

Derick Barker, 25, remains in jail without bail and he's schedule to appear in city court again on July 5.

He maintained his option to have a pre-trial hearing or have his case submitted to a grand jury, according to attorney Thomas Burns.

Justin Barker, 22, of Oakfield, was also in court today. He was Derick Barker at the Days Inn before Derick Barker allegedly ran from a Batavia police officer, He waived his pre-trial hearing and his case will be sent to a grand jury.

Derick Barker is charged with one count of criminal trespass, two counts of criminal possession of a controlled substance, 3rd, and one count of criminally using drug paraphernalia.

Justin Barker was charged with one count of criminal trespass, two counts of criminal possession of a controlled substance, 3rd, and one count of criminally using drug paraphernalia.

The case started with Officer Dan Coffey responding to the Days Inn on a complaint of guests allegedly staying in a room they hadn't paid for. While Coffey did a wants and warrants check, Derick Barker allegedly ran from the scene.

Multiple law enforcement agencies responded to the scene to search for Barker, who was reportedly found trying to hide in a farm field on the north side of the Thruway.

A third person allegedly involved in the situation, Benjamin Santiago, appeared in court earlier in the week but we don't have information on his case.

Santiago was charged with one count of criminal trespass, two counts of criminal possession of a controlled substance, 3rd, one count of criminally using drug paraphernalia and one count of unlawful possession of marijuana.

Shannon Mowbray Graham, 34, of Colonnade Drive, Rochester, is charged with DWI, aggravated unlicensed operation, 1st, refusal to take breath test, failure to stop for stop sign and inadequate exhaust. Graham was stopped at 12:06 a.m. on Route 98 in Alexander by Deputy Joseph Graff.

A 17-year-old resident of Wood Road, Holley, is charged with unlawful possession of alcohol under age 21. The youth was arrested following a report of an underage person allegedly buying alcohol in Bergen.

Andrew James Skalsky, 26, of Nelson Drive, Silver Bay, Minn., is charged with soliciting without a permit. Also charged is Samuel Joseph Helland, 20, of 18th SW St., Owatonna, Minn. Both men are accused of soliciting without a permit within the boundaries of the Town of Oakfield on May 26.

Kristen Lynn Brightenfield, 18, of Main Road, Stafford, is charged with providing a false written statement. Brightenfield is accused of providing a false written statement May 24 during an investigation into an alleged assault.

From May 23 through June 4, Batavia Police participated in a statewide Buckle-Up New York campaign and issued 105 citations during that period.

Citations were issued for seat belt violations as well as talking on mobile phones and equipment violations.

In all, officers logged 140 hours working the buckle-up detail.

Police officials said the goal of the campaign was to address the dangers of seat belt and mobile phone violations through aggressive enforcement.

Anthony P. Dioguardi is indicted on four counts of sexual abuse, 1st. Dioguardi is accused of using compulsion for sexual contact with a child less than 11 years old.

Myron W. Hartford is indicted on a charge of grand larceny, 2nd. Myron W. Hartford and Marline A. Hartford are indicted on charges of grand larceny, 4th, and three counts of offering a false instrument for filing, 1st. Myron Hartford is accused of stealing more than $50,000 from an individual. Both Myron Hartford and Marline Hartford are accused of stealing more than $1,000 from the Department of Social Services. Both are accused of filing false instruments with DSS.

Rebecca A. Chatley is indicted on charges of grand larceny, 4th, and criminal possession of stolen property, 4th. Chatley is accused of stealing a gift card for WalMart belonging to another person. 

Andrew J. Rock is indicted on two charges of burglary, 1st, and one count of menacing, 2nd. Rock is accused of entering a residence on Washington Avenue, Batavia, on May 15, and brandishing a long gun.

Carlos A. Torres Jr., is indicted on three counts of criminal possession of a controlled substance, 3rd. Torres is accused of possession on April 2 of more than a half-ounce of cocaine with the intent to sell it.

Thomas M. Pillo is indicted on charges of felony DWI and felony driving with a BAC of .18 or greater. Pillo was allegedly driving drunk March 11 in the City of Batavia.

A Batavia woman accused of issuing unauthorized checks to herself from her employer's business account, will serve five months in a halfway house and five months in home confinement, a federal judge in Buffalo ruled today.

Deborah Dutton, 55, must also pay $85,000 in restitution to her former employer. 

Dutton previously admitted to forgery for falsely issuing checks to herself from 2007 to May 2010.

During sentencing, prosecutors noted that Dutton had a prior theft conviction in 1984.

Her defense attorney said Dutton has started the restitution process by selling a collection of dolls. She will also put her home up for sale.

Ronald L. MacGregor, 42, of 66 Lake St., Le Roy, is charged with criminal possession of a forged instrument, 2nd. MacGregor was arrested following an investigation by Le Roy Police into an allegation that MacGregor entered a local pharmacy possessing a forged or altered prescription script and passed it to pharmacy staff. MacGregor was jailed on $3,000 bail.

Martin Fitzgerald Jones, 40, of West Main Street Road, Batavia, is charged with petit larceny. Jones was arrested on a warrant out of city court.

Dwayne William Brown, 25, of North Main Street, Holley, is charged with DWI, driving with a BAC of .08 or greater, speeding (90 mph in a 55 mph zone), passing in a no passing zone, operating out of class. Brown was stopped at 2:53 a.m. Saturday on Route 33, Stafford, by Deputy Frank Bordonaro. Bordonaro allegedly observed Brown riding a motorcycle on Route 33 while going 90 mph.

Joseph Thomas Bortle, 39, of Knowlesville Road, Oakfield, is charged with petit larceny and criminal possession of a controlled substance, 7th. Bortle is accused of trying to shoplift $26.97 in batteries from Kmart. During the investigation, Bortle was allegedly found in possession of a narcotic analgesic pill for which he didn't have a prescription.

Jordan Gerard Merica, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana. Merica was stopped on Route 77, Darien, for alleged traffic violations at 4:40 p.m. Friday by Deputy Patrick Reeves. 

Brian Patrick O'Grady, 46, of Lyman Road, Bergen, is charged with driving while impaired by drugs and alcohol. O'Grady was allegedly involved in a property damage accident on Dublin Road, Bergen, at 11:45 p.m. Sunday. O'Grady allegedly left the scene of the accident and was located at his residence a short time later.

Elizabeth Ann Lindner, 24, of West Main Street Road, Batavia, is charged with forgery, 2nd. Lindner is accused of passing a forged check.

A 22-year-old Batavia resident was hospitalized early this morning after being struck by a hit-and-run driver on Central Avenue in the city.

Police are asking people with information about the car and driver to call 345-6350.

Luis A. Mercado was listed this morning in stable condition at Strong Memorial Hospital.

At about 1:36 a.m., Mercardo was walking on Central when he was struck by a white sedan.

The car reportedly has a loud exhaust and is possibly a Dodge Stratus. It sustained front end damage and most likely a broken windshield.

Batavia Police are looking for a subject last seen heading east on Highland Park following an unknown incident *on Jackson Street.

The subject is described as wearing a white tank top T-shirt, white flat-brimmed hat with a scruffy beard, riding a mountain bike and "still carrying the baseball bat."

*We didn't catch the original dispatch.

UPDATE 9:32 p.m.: Two acquaintances apparently had an ongoing dispute and one person allegedly hit the other with a baseball bat. The victim was transported by ground ambulance to the Genesee County Airport and taken by Mercy Flight to Strong. Lt. James Henning said there is a "person of interest" police would like to locate. Officers are also interested in talking to any additional witnesses, who can call the tip line at 585-345-6370.

Burglars went to some effort overnight to remove a safe from Neptune's Gardens, 33 Liberty St., Batavia, getting away with more than $2,000 cash.

According to owners Nick and Kathy LaFarnara, the safe was apparently too heavy for the thieves to carry, so they used her office chair to wheel it to a back window.

Nick said it probably took two people to get it out a window and drop it into a pickup truck.

It's the first time during their 25 years in business that it's been burglarized, Nick said.

He's eager to see the perpetrators caught and prosecuted, so LaFarnaras are offering a $250 reward for information leading to the arrest and conviction of the criminals.

Batavia Police Det. Pat Corona said tips can be phoned in confidentially to 345-6370.

Kathy LaFarnara said she was baffled to come into work this morning to find her chair missing from the office and a desk drawer opened with stamps on the floor.

"I'm thinking, 'that's just not right,'" Kathy said.

As she and Nick started to look around, they found a few other things out of place and then spotted her chair near a back window, which was open.

The first thing they checked for were missing pets, but all of the animals were accounted for.  

When Nick went back into is office and sat down, that's when he noticed the safe was missing.

Photo courtesy The Batavian's news partner, WBTA. WBTA also has a story available here.