crime

A 26-year-old former Batavia resident who was charged with multiple crimes in Genesee County over a 10-month span will spend nearly seven years in jail.

Brett Myers Blair, who has lived in Batavia and Bergen, admitted in January to a charge of burglary, 2nd, and agreed to cooperate with law enforcement in clearing several criminal investigations.

Besides the crimes investigators suspected Blair committed, Blair also admitted to several uncharged crimes.

Judge Robert C. Noonan said Blair coming clean on his criminal activity enabled him to arrive at a plea deal that substantially reduced the charges against him but did not warrant reducing the maximum sentenced available for burglary, 2nd.

Last week, Blair was sentenced on a felony charge in Monroe County to two to four years in state prison. 

Blair will serve his seven year sentence on the Genesee County charge concurrently with the Monroe County conviction.

While in prison, Blair must pay more than $3,000 to four victims.

He will also undergo treatment for substance abuse.

"I realize there have been a lot of victims and I’ve changed a lot of lives as result of my actions and I’ll never be able to take that away, including from my mom and my son," Blair told Noonan.

"I'm truly sorry for the crimes I committed," Blair added. "When I'm using drugs, I'm a totally different person from the person I normally am. I got caught up in something I couldn't get out of. Now I can just make myself better with the time that I'm given."

Within Genesee County, Blair's apparent criminal activity goes back to at least March 2009 when he was accused of possessing hydrocodone following a traffic stop.

In early October, Blair was accused of trying to steal a 50-inch plasma TV from Kmart.

When Blair reached his plea agreement in January, the Genesee County Sheriff's Office released information on five other crimes Blair was accused of committing.

Earl Lockhart, 18, of 437 E. Main St., Batavia, is charged with burglary, 2nd, criminal mischief, 4th, and petit larceny. Lockhart was arrested by Det. Kevin Czora for allegedly breaking into a neighbor's residence in February 2009.

Jonathan A. Brenkus, 22, of 5244 Bridge Road, Elba, is charged with unlawful possession of marijuana. Brenkus was stopped for an alleged equipment violation on his vehicle at 4:53 p.m., Tuesday, by Officer Thad Mart, on Clinton Street. During the traffic stop, Brenkus was found to allegedly possess marijuana.

Jon D. Vega, 45, of 518 E. Main St., Batavia, is charged with aggravated harassment, 2nd. Vega allegedly threatened a person with physical harm during a phone call.

Terry L. Smith, 55, of Corfu, is charged with DWI, failure to use designated lane, crossing road hazard markings and refusal to take breath test. Smith was stopped by State Police at 9:25 p.m., Sunday, on Route 77 and Indian Falls Road, Pembroke. Smith was held in jail on an unspecified bail status.

A police check on a parolee Saturday night led to the arrest of three Batavia residents on drug charges.

Numerous bags of cocaine were reportedly found either on the individuals or in an apartment at 29 Central Ave.

Taken into custody were Derek Leach, 31, of 29 Central Ave., Eric Williams, 45, of 219 Washington Ave., and Randy G. Leach II, 24, of 58 South Main St.

All three were charged with crimes, including criminal sale of a controlled substance, criminal possession of a controlled substance and criminal using drug paraphernalia.

The incident began at 8:30 p.m. when a NYS parole officer went to 29 Central Ave. to do a home check on Derek Leach.

Once there, the officer heard several voices inside the house and called for assistance. Officers Chris Camp, Eric Boles and Marc Lawrence arrived on scene.

Once officers were inside the house, a second parolee, Eric Williams, was identified.

Williams was searched and allegedly found in possession of a large quantity of individually wrapped bags of cocaine. He was charged with criminal possession of a controlled substance, 3rd (with intent to sell).

Randy G. Leach II, was identified as a suspect wanted on a warrant out of drug court.

A small bag of cocaine was allegedly found on Randy Leach. In addition to the warrant charge, Leach was charged with criminal possession of a controlled substance, 7th.

Randy Leach was jailed on $50,000 bail.

Police then searched Derek Leach's residence and allegedly found a large amount of individually wrapped bags of cocaine, scales and packaging material.

Derek Leach was charged with criminal possession of a controlled substance, 3rd (with intent to sale) and criminal using drug paraphernalia.

Williams and Derek Leach were jailed without bail.

The Sheriff's Office K-9 unit assisted in the search. Det. Todd Crossett also participated in the investigation.

Photos: Top, Derek Leach, Eric Williams, Randy Leach.

David Allan Showler, 43, Trumbull Parkway, Batavia, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, and unlicensed operation. Showler was stopped on Trumbull Parkway at 5:09 p.m. Monday, by Sgt. Greg Walker. Showler was jailed on $2,000 bail.

Robert Howard Harris, 29, of Stephanie Court, Hilton, is charged with aggravated harassment, 2nd.  Harris is accused of making a phone call that was harassing in nature.

Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt, 2nd. Orbaker was allegedly at a residence at 9:50 a.m. Monday that he was barred from being at by a Town of Batavia Court order.

David T. Neuhaus, 24, 335 Bank St., Batavia, is charged with unauthorized use of a vehicle. Neuhaus is accused of taking a car belonging to an acquaintance without permission.

Lorrie B. Fischer, 32, of 128 W. State St., Albion, is charged with driving while ability impaired by drugs, three counts of aggravated DWI (children in the vehicle), criminal possession of a controlled substance, 7th, moving from lane unsafely, and improper or unsafe turn. At 5:19 p.m., Sunday, Fischer was reportedly observed driving in an erratic manner by an off-duty Batavia police officer. Fischer was stopped by Officer Chris Davis. There were children ages 11, 12 and 14 in the car.

Robert L. Williams Jr., 20, and Shante R. Williams, 27, and Sarah L. Marcello, 18, all of Batavia, are all charged with harassment, 2nd. Officers Marc Lawrence and Chris Camp investigated an alleged incident at 4:45 p.m., Saturday, in the area of 112 State St., Batavia. Robert Williams accused Marcello of hitting him. Marcello accused Shante Williams and Robert Williams of hitting her. All three were issued appearance tickets for Batavia City Court on March 15.

Tyler Alan Cole, 18, of Alley Road, Darien, is charged with unlawful dealing with a child. Cole is accused of hosting a party where people under 21 were allowed to consume alcohol. The party was investigated at 5:06 a.m., Sunday.

Michael Roberrt Turturro, 32, of Jeffery Drive, Depew, was arrested on a family court warrant and charged with aggravated unlicensed operation and no seat belt. Turturro was stopped by Deputy Chris Parker on Alleghany Road in Alabama.

Billy Joe Budziszewski, 19, of Alleghany Road, Corfu, is charged with aggravated harassment, 2nd. Budziszewski allegedly threated another person during a phone call.

Shane I. Crosby, 34, of 62989 W. Main St., Byron, is charged with a felony count of DWI, aggravated DWI, speeding and unlicensed operation. Crosby was stopped at 3:45 a.m., Sunday, on West Main Street, Batavia, by officer Kevin DeFelice.

Thomas M. Pillo, of 8991 Alexander Road, Batavia, is charged with DWI, aggravated DWI, no tail lamps. Pillo was stopped at 11:57 p.m., Friday, by Det. Richard Schauf on School Street, Batavia.

Tiffany J. Howard, 20, of 210 S. Swan St., Batavia, is charged with criminal trespass, 2nd, and harassment, 2nd. Howard is accused of unlawfully entering an apartment on West Main Street at 8:42 p.m., Saturday, and punching a person in the face.

Timothy K. Schiffmaker, 20, of 19 Hyde Park, Batavia, is charged with criminal trespass, 2nd, and criminal mischief, 3rd. Schiffmaker is accused of breaking into a house in the city at 6:15 a.m., Saturday, damaging a door in the process. Schiffamker was confronted and held by the resident until police arrived.

Lauren E. Charache, 31, of 3 East Ave., Batavia, is charged with aggravated unlicensed operation, 2nd. Charache was issued a citation for unlicensed operation following a traffic accident in the city on Sept. 3. Charache was taken into custody by Trooper Bentley outside of the city and turned over to city police. She was jailed on $500 bail.

Gary R. Sitarski, 48, of Pembroke, is charged with DWI and aggravated DWI. Sitarski was stopped by State Police at 10:07 p.m., Saturday, on Veterans Memorial Drive, Batavia.

Michelle L. Cramer, 26, of Canton, Ohio, is charged with harassment, 2nd. Cramer is accused of having physical contact with another person. The alleged incident took place in Byron on March 4. Cramer was arrested by State Police. No further details released.

Michael A. Cintron, 47, of Lackawanna, is charged with DWI and driving with a BAC of .08 or greater. Cintron was stopped at 11:50 a.m., Friday, by State Police on Route 77, Pembroke.

A former Batavia resident who was caught in Wisconsin posing as an attorney and stealing money from his supposed clients admitted his crimes in a Milwaukee Court on March 3.

Thomas J. Lyon faces a two-year prison term and then will still need to answer to alleged probation violations out of Monroe County.

Lyon was previously convicted in Monroe County for grand larceny.

Facing 11 criminal counts, Lyon entered a guilty plea to charges of practicing law without a license, theft, identity theft and forgery. The remaining charges where dismissed as part of a plea agreement.

The case made headlines in Wisconsin because Lyon reportedly bragged to an associate that he was like Frank Abagnale Jr., the former con artist depicted by Leonardo DiCaprio in the hit movie, "Catch Me If You Can."

In addition to posing as an attorney -- even making court appearances -- Lyon also assumed the identity of a deceased notary public. Police also accused him of running a prostitution ring, but Lyon was never charged with any crimes related to those allegations.

Previously, Lyon was arrested in Genesee County on an alleged bad check charge.

Sentencing is scheduled for April 7.

Previously: Milwaukee's accused "Catch Me If You Can" fake attorney has Batavia roots

Stephen Wade Thompson, 33, of West Main Street, Attica, is charged with criminal mischief. Thompson is accused of slashing tires on two vehicles in the Town of Alexander.

A 17-year-old resident of South Swan Street, Batavia, is charged with harassment, 2nd. The teen is accused of getting into a fight with another person at 9:25 p.m., Thursday, in the area of 4133 Veterans Memorial Drive, Batavia.

Amy Lou Platten, 41, of Main Street, Corfu, is charged with criminal contempt, 2nd. Platten is accused of violating an order of protection.

A man stopped to drop something off at a residence on Liberty Street, left the motor running in his car, and when he came out of the house, he told police, the car was gone.

The car is described as a black Oldsmobile Alero.

It's unknown what direction of travel the thief took the car.

A police officer is responding to the scene now.

UPDATE 5:45 p.m.: If I heard correctly, the car was located unoccupied.

A Conesus man who thought he was coming to Batavia meet a 15-year-old boy for sex will spend 10 years in prison and 25 years on supervised release.

Dalton E. Wilke, 46, who previously entered a guilty plea to online enticement of a minor, receipt of child pornography and possession of child pornography, was sentenced Tuesday in a Rochester federal court.

Wilke was arrested in Batavia in August 2008 by federal agents and officers of the Batavia Police Department. Det. Todd Crossett helped lead the investigation by posing as a 15-year-old boy in online chats.

In addition to the prison term, Wilke was fined $2,500 and ordered to forfeit his GMC Sierra pickup truck that he drove to Batavia.

Following his arrest, agents seized Wilke's home computers and the computers were analyzed by the Regional Computer Forensic Lab linked them to the online enticement. A 48-minute video depicting two young boys engaged in sexually explicit conduct was also recovered.

Donna Jean Buckenmeyer, 45, of Hunn Road, Alexander, is charged with harassment, 2nd. Buckenmeyer is accused of punching another person and hitting that person with a cell phone during a fight at 6:46 p.m., Tuesday.

Nicholas Michael Lyons, 30, of Allegheny Road, Pembroke, is charged with harassment, 2nd. Lyons is accused with fighting with another person at 7:11 p.m., Monday, and hitting that person.

The following indictments were issued by the Genesee County Grand Jury:

Deanna Leach is indicted on 25 counts. Of those, 19 are for forgery, 2nd, a class D felony. Five are for petit larceny, a misdemeanor. And one is for falsifying business records, 1st, a class E felony.

She is accused of illegally using gift/debit cards valued at $50 each at a store in the Village of Le Roy on or about Jan. 6, 15, 21, 26 and on about Feb. 7 and 21, all in 2010.

As for the petit larcenies, she is accused of stealing gift/debit cards from the same store on multiple occasions.

Lastly, she is accused of falsifying business records at the same store by not making "a true entry in the business record" that a gift/debit card had been activated.

David W. Wells is indicted on two counts, both class E felonies. He is accused of driving his Chevy Silverado while intoxicated on or about Sept. 17 on Byron Holley Road in the Town of Byron. He is also accused of aggrevated driving while intoxicated, with a BAC of .18. He was convicted of DWI in August in the Town Court of Bergen.

John T. Reagan is indicted on one count of driving while intoxicated, a class E felony. He is accused of driving his Audi while intoxicated on or about Aug. 27 on Sumner Road in the Town of Darien.

James Kosiorek is indicted for assault, 2nd, a class D felony, stemming from an incident on or about Oct. 13 in the Village of Le Roy. He is accused of intending to cause serious physical injury to another person and then causing serious injury to that person by means of a dangerous instrument (which in this case was his sneakers).

Peter S. Brigzna is indicted for driving while intoxicated, a class E felony. He is accused of driving his Ford Tempo on Bank Street Road in the Town of Byron while intoxicated on or about Nov. 12.

Wade D. Godlove, 47, of 5733 Horseshoe Lake Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident and moving from lane unsafely. Godlove was allegedly observed by Deputy Howard Carlson at 1:44 a.m., Friday, driving through the front yards of houses on Seven Springs Road, knocking down mailboxes, a street sign and a fire hydrant. Godlove's car eventually returned to the roadway, according to Carlson's report, and continued on Seven Springs to Route 5. Godlove was stopped by Carlson on Route 5 near Fargo Road.

Bernard Lee  Evans, 40, of 12 Myrtle St., Le Roy, is charged with grand larceny. Evans is accused of stealing a car from a person he knew. The vehicle was recovered. Evans was jailed on $1,000 bail.

Jodi Mae Coe, 35, of Batavia-Oakfield Townline Road, Batavia, is charged with criminal possession of stolen property, 5th. Coe is accused of pawning stolen property at the Pawn King on Veterans Memorial Drive.

Javier Eduardo Ocana-Reyes, 30, no address listed, is charged with illegal entry. Ocana-Reyes was turned over to the U.S. Border Patrol.

Estaban Mata Martinez, 30, no address lsited, is charged with illegal entry. Martinez was turned over to the U.S. Border Patrol.

Theodore P. Boylan, 18, of 32 Elm St. Le Roy, is charged with criminal nuisance, 2nd. Boylan is accused of hosting an underage drinking party Saturday at his residence.

Raymond Gandolfo, 38, of Massachusetts Street, Buffalo, is charged with three counts of identity theft, three counts of forgery, criminal possession of stolen property, 4th, and grand larceny, 4th. Gandolfo is accused of using a stolen credit card between 10:13 a.m. and 10:35 a.m., Sept. 25, to purchase merchandise at three separate stores on Veterans Memorial Drive, Batavia. The total value exceeded $1,000.Gandolfo was arraigned in Town of Batavia Court and returned to the Erie County Holding Center without bail.

Francis N. Shiltz, 69, of Alleghany Road, Strykerville, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Shiltz was allegedly involved in a two-car property damage accident at 6:49 p.m., Thursday, at the Rez Smokeshop.

Arturo Vasquez-Armas, 41, of 2336 Judge Road, Oakfield, is charged with offering a false instrument for filing,1st, and criminal possession of a forged instrument, 3rd. Vasquez-Armas allegedly possessed a forged Social Security card while attempting to obtain a NYS non-driver ID at the Genesee County DMV office. Vasquez-Armas was jailed without bail.

Timothy Alan Duboy, 19, of Wethersfield Road, Warsaw, is charged with forcible touching. Duboy is accused of forcibly touching the intimate parts of another person. The alleged incident occurred at College Village on Jan. 25.

Law enforcement units are in the area of the Tonawanda Indian Reservation searching for a black Sonoma pickup that may be driven by an alleged cigarette thief.

The driver is suspected of grabbing several cartons of cigarettes from a shop on the reservation and fleeing.

UPDATE 12:12 p.m.: A possible suspect stopped on Galloway Road.

A pair of brothers from Pavilion are being accused of dealing cocaine and were arraigned in Pavilion Town Court on Tuesday following their arrest by Deputy Brian Thompson.

Cocaine, marijuana and fireworks were allegedly found in their Ellicott Road home.

The brothers are David James (name redacted upon request) (top, right), 21, and (name redacted upon request) (bottom, left), 20.

Both were charged with criminal possession of a narcotic with intent to sell and criminal possession of marijuana, 4th, as well as unlawful dealing with fireworks.

Following their arraignment, they were released under supervision of Genesee Justice.

In separate investigations, the Local Drug Enforcement Task Force announced the arrest of three Batavia residents allegedly involved in drugs.

Accused of dealing cocaine is Juan A. Roman, 33, of Walnut Street.

Roman allegedly sold a quantity of cocaine to an undercover agent.

An arrest was made Tuesday by task force members and Batavia police officers after Roman was seen walking on Main Street.

He is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Following his arraignment before Judge Robert C. Noonan, Roman was jailed without bail.

Arrested on Monday were Nicholas A. Pleace, 24, of Pratt Road and Suzan M. Fincher, 51, of Pratt Road.

Pleace and Fincher are accused of growing 19 marijuana plants at their residence on Pratt Road. They were also allegedly found in possession of cocaine and oxycodone.

The were both charged with criminal possession of marijuana, 2nd, and criminal possession of a controlled substance, 7th.

The pair were released under the supervision of Genesee Justice following an arraignment in front of Justice Mike Cleveland, Town of Batavia Court.

Stephanie Lynn Corke, 29, of Root Road, Albion, is charged with petit larceny. Corke is accused of taking possession of a dog owned by another person and making no effort to find the owner or return the dog.

Nicholas Aaron Doxey, 25, of Niagara Street, Lockport, is charged with petit larceny and endangering the welfare of a child. Doxey is accused of shoplifting from Target while in the presence of his child and family members under 17 years of age.

Joseph Thomas Bortel, 39, of Knowlesville Road, Oakfield, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and failure to keep right. Bortel was stopped at 4:49 p.m., Tuesday, in the area of 130 Bank St., Batavia, by Deputy Timothy Wescott.

Chris Charvella can start attending Genesee County Legislature meetings again.

Town of Batavia Justice Mike Cleveland today adjusted the order of protection barring him from showing up at the place of business of Legislator Jay Grasso.

Grasso has accused Charvella of harassing him for leaving a message on his home phone that said, "Thanks for reading my blog."

Charvella is charged with harassment, 2nd. Under the statute, he is accused of making a phone call with no legitimate purpose.

Along with attorney E. Robert Fussell, Charvella, a Democratic committee member, appeared in Town of Batavia Court today for a status hearing.

Fussell indicated he is preparing motions to challenge the constitutionality of the charge, but the only request today was to change the order of protection issued in Town of Le Roy Court when Charvella was first arrested. The order prohibits Charvella from having any contact with Grasso.

"It's certainly has been my practice to attend meetings of the legislature," said Charvella, who ran for a seat on the county board in 2009. "That's a practice I would like to continue."

Assistant District Attorney Melissa Cianfrini object to the change in the order, saying that Charvella was offered a plea deal that would have altered the court order and given Charvella a conditional discharge of the case.* Since Charvella turned down that offer and the case may go to trial, Cianfrini said, Charvella should be kept away in all circumstances from Grasso, since Grasso is both the alleged vicitm and a potential witness in any trial.

(UPDATE: Cianfrini called to clarify: Charvella was offered an adjournament in contemplation of dismissal, meaning the case would be dismissed with no record (all court records would be sealed) if Charvella stayed out of trouble for six months).

Grasso, a Republican, is Le Roy's elected representative on the legislature.

Outside of court, Fussell wouldn't confirm that he and his client intend to take the case to trial. He would only say, "I'm preparing motions." He said the motions would be based on constitutional issues.

During the hearing today, Fussell gave some indication of what those arguments will be, telling Cleveland, "If a politician doesn't like what a constituent has to say, it would be very, very chilling (to block meeting attendance). He (Charvella) should be allowed to attend these things."

Those motions must be filed by April 15 and Charvella's next court appearance was set for 4:30 p.m., May 23.

For previous coverage of the Chris Charvella and Jay Grasso case, click here.