crime

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.

LeeAnna M. Kiefer, 18, of Transit Road, East Bethany, is charged with harassment, 2nd. Kiefer is accused of being involved in an incident on Big Tree Road in Pavilion where she allegedly punched another person in the head and face.

Stephanie Marie Macchia, 33, of Munzel Road, Medina, is charged with unlawful possession of marijuana. Macchia was involved in a traffic stop by Deputy Patrick Reeves at 11:57 p.m., Friday, on Route 77 in Pembroke, and found to allegedly be in possession of marijuana.

A 16-year-old resident of Sparks Road, Pavilion, is charged with petit larceny. The youth is accused of shoplifting from Kmart on Tuesday.

A 17-year-old resident of Wyoming Road, Wyoming, is charged with petit larceny. The youth is accused of shoplifting from Kmart on Tuesday.

A 17-year-old resident of Black Street Road, Le Roy, is charged with unlawful possession of marijuana. K-9 "Pharoah," handled by Deputy Brian Thompson, alerted on a car parked in the East Park Street area of Pavilion. After an interview with the driver, Thompson allegedly found a small quantity of suspected marijuana and three pipes with suspected marijuana residue.

A Rochester man was arrested for allegedly possessing brass knuckles Wednesday after getting involved in a one-car, non-injury accident on Park Road.

Charged with criminal possession of a weapon, 4th, was Joseph Samuel Caiazza, 32, of Elmwood Avenue, Rochester.

Caiazza said he was pulling out of the parking lot of the Best Western Hotel at 10:38 a.m. when his phone rang. When he went to answer it, he struck a utility pole.

Caiazza also received citations for alleged failure to maintain lane and alleged equipment violations.

The accident was investigated by Deputy Chris Parker.

A former Batavia resident, already serving up to seven years for second-degree rape and sexual abuse, will spend five more years in prison for raping another young victim, Judge Robert C. Noonan ruled today.

Philip Kroft, 23, admitted to rape, 2nd, in November as part of a plea deal that would cap his possible sentence at five years.

Noonan gave Kroft the five years, but denied a request by defense attorney Fred Rarick that Kroft's sentence be consecutive concurrent with the time he's already serving.

Rarick said that Kroft has completed his GED while in prison and also earned a welding certificate.

"Adding an additional five years I don’t think is necessary, may be considered harsh and excessive punishment," Rarick said. "He regrets what he’s done in the past and he’s looking forward to his future."

Kroft's 14-year-old victim gave birth to a child and Kroft would like to be involved in the child's life, according to his attorney.

At the time of the rape, Kroft was 21.

The crime occurred around the time of his previous arrest in 2008, which resulted in a conviction for rape, 2nd, sexual abuse, 1st, criminal possession of a weapon, 3rd, and conspiracy, 4th.

Kroft was eligible for parole on those convictions in 2015.

When asked for a statement, Kroft said he does know he made mistakes and he is trying to turn his life around. He said he has also enrolled for some college courses.

If the second rape had come to light during proceedings on the original charge, perhaps the crime would have been wrapped into the sentence with the first. That's what Rarick suggested to Noonan, who replied that the opposite could also be true.

"It would be an equally good argument that had both charges come before me, I would have given him four or five more years based on him victimizing yet another young girl," the judge said. 

Kroft is serving his sentence in Elmira Correctional Facility.

Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt. Orbaker is accused of violating an order of protection.

Frank G. Frainier, 47, of Lewiston Road, Royalton, is charged with DWI, driving with a BAC of .08 or greater and improper right turn. Frainier was arrested after the Sheriff's Office received a report at 6:47 p.m., Monday, of a car off the road on Route 77, Alabama.

A 29-year-old Pembroke man was arrested today on a sealed grand jury indictment for allegedly selling cocaine to an undercover agent on two separate occasions.

Arraigned before Judge Robert C. Noonan this afternoon was Brandon R. Brade, of Genesee Street, Pembroke.

Brade was taken into custody at his place of employment, where he has worked for two months, he told Noonan.

"I'd kind of like to keep my job," Brade said, asking for a bail lower than the $50,000 requested by Assistant District Attorney Will Zickl.

Noonan set bail at $10,000 and gave Brade a week to hire an attorney (Brade said he could afford to hire his own) before his next court appearance.

Brade is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of possession of a controlled substance, 3rd.

According to a Sheriff's Office press release, Brade allegedly sold quantities of cocaine to an agent of the Local Drug Enforcement Task Force.

Zickl asked for the high bail because of Brade's prior record, which includes convictions for DWI (2005), resisting arrest (2002) and stalking (2000).

Noonan said Brade will get another shot at a lower bail after Genesee Justice files a bail evaluation report, which would require Brade's cooperation.

UPDATED 2:34 p.m.

A former Batavia resident is expected to soon plead guilty in a Milwaukee county court to charges that he impersonated a lawyer and committed forgery.

According to investigators in Wisconsin, Thomas J. Lyon, 28, not only represented several "clients" in legal proceedings, but also forged checks, stole money, assumed the identity of a deceased notary public and operated a prostitution ring.

According to court documents, Lyon reportedly bragged to an associate at one time that he was like Frank Abagnale Jr., the former con artist depicted by Leonardo DiCaprio in the hit movie, "Catch Me If You Can."

Besides Batavia, a public records search shows that Lyon has also apparently lived in Warsaw, where he was born, Buffalo and Hamburg.

Wisconsin court documents state that Lyon was on probation in New York and had his probation transferred to Wisconsin. According to the documents, he was previously convicted in New York of grand larceny, stalking and false imprisonment.

Lyon was arrested for allegedly issuing a bad check in Genesee County in July 2008, according to the Sheriff's Office. According to the arrest report, Lyon lived on Saltvale Road in Middlebury at the time.

In Milwaukee, Lyon is accused of assuming the legal identity of Thomas J. Lyons, a Minnesota-based attorney -- also licensed to practice law in Wisconsin -- who told investigators he hadn't appeared in a Milwaukee court in years. 

Lyon allegedly used the bar identity number of attorney Lyons to pass himself off as the attorney.

Police searched the office space reportedly rented by Lyon at 5301 W. Hampton Ave., Milwaukee, which reportedly had a sign on it saying it was the offices of "Thomas J. Lyons & Associates, Inc.," and found documents indicating Lyon had at least nine legal clients.

On at least one occasion, Lyon allegedly kept a settlement check for $3,000 that was intended for one of his clients.

Lyon also apparently set up a Web site to advertise his alleged legal services.

The documents also include quotes from court transcripts where Lyon allegedly referred to himself as an attorney and questioned witnesses as if he were an attorney.

One of Lyon's employees is also quoted in the documents saying that besides being a secretary in his office, she worked as a prostitute for him.

Though not charged with any prostitution-related crimes, the court documents say that Lyon allegedly operated an escort service called "Lacuna Limited," and that it was really a front for prostitution.

According to the documents, Lyon booked rooms at a Comfort Suites Inn in Milwaukee and set rates at $200 to $250 per hour. Lyon also allegedly hired a guard for the prostitutes. 

He allegedly recruited prostitutes by advertising for lingerie models.

Lyon allegedly collected prostitution proceeds in cash and kept computer records of the proceeds.

In all, 11 charges were originally filed against Lyon.

He is charged with two misdemeanor counts of practicing law without a license, a felony count of theft, three felony counts of unauthorized use of personal identifying information or documents, and five felony counts of forgery.

Lyon was jailed on $20,000 bail and apparently remains in custody. His attorney last appeared in court for him Jan. 28 and a court appearance date of March 3 was set for Lyon, when he is expected to plead guilty to at least some of the charges.

The terms of the plea bargain have not been released.

The forgery charges carry a maximum sentence of a $10,000 fine for each charge and six years in jail.

UPDATED 5:52 p.m.

Members of the Local Drug Enforcement Task Force reportedly observed a Batavia man selling drugs on Wednesday, and when they moved in on the suspect, he reportedly threw some crack cocaine on the sidewalk.

Task force members then obtained a search warrant for a residence in Batavia where they allegedly found five more bags of crack cocaine.

Taken into custody was Ronnie "Ace" Allen, 23.

The search warrant was executed at 6 Vine St., upper, Batavia. Allen listed his address as 42 Mountbatten St., Henrietta.

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

Allen was jailed on $25,000 bail.

Assisting in the investigation were the Sheriff's deputies and the District Attorney's Office.

Scott C. Brown, 22, of 11 Wood St., Batavia, John C. Schurr Jr., 26, of 382 Garden Drive, Batavia, and Ashley M. Younke, 31, of 212 Trumbull Parkway, Batavia, are all charged with petit larceny and theft of services. The trio allegedly left Sport of Kings restaurant at 3:30 a.m., Sunday, without paying for food they ordered. They also allegedly left with several pieces of flatware. Officer Frank Klimjack reportedly observed the suspects' vehicle shortly after they left the restaurant. The flatware was recovered.

Ronald J. Scroger, 30, 52 Columbia Ave., Batavia, is charged with petit larceny. He is accused of stealing clothing from Olympia Sports on Wednesday.

Eugene C. Rose, 36, of 230 Keystone St., Buffalo, is charged with criminal contempt, 2nd. Rose was taken into custody by Buffalo PD on a warrant issued by Batavia City Court for allegedly violating an order of protection. Buffalo PD turned Rose over to Batavia PD and Rose was jailed without bail. Rose reportedly has prior felony convictions.

Loralyn L. Bateman, 34, 5 Edwards St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation, 3rd. Bateman was stopped on Union Street at 1:50 a.m., Friday, by Officer Kevin DeFelice.

Marsha Jones, 56, of Wade Avenue, Buffalo, is charged with disorderly conduct. Jones was allegedly involved in an altercation at 7 p.m., Thursday, in the Genesee Community College cafeteria with the assistant manager an employee there. Jones is accused of swearing at the assistant manager employee and then pushing a cart, causing items to fall off the cart and break.

Anthony C. Timberlake, 22, of North Street, Batavia, is charged with disorderly conduct. Timberlake is accused of being involved in an argument with a customer at the college cafe at 7 p.m., Thursday. Timberlake allegedly was swearing at the customer in front of witnesses.

Calvin Pangrazio, an employee of Sloat Tires, changes a tire on a Rent-A-Center truck in the Valu Plaza.

At least two vehicles had their tires slashed in the parking lot overnight, and there are also reports of tires slashed in the parking lots of City Centre, Walmart and  Batavia Downs as well as one report on a residential street. In all, as many as 10 cars appear to have been vandalized overnight.

Officer Jay Andrews said the two Rent-a-Center trucks each had two tires slashed, making the value of the damage more than $250 on each truck. That makes the alleged crimes Class E felonies, criminal mischief, 3rd.

Anybody with information about these incidents should call either Deputy Kevin McCarthy at 345-3000, ext. 3237 or the Batavia PD at 345-6359.

UPDATE 12:38 p.m.: A Sheriff's deputy dispatched to the Target parking lot for the report of another tire slashing.

UPDATE 3:38 p.m.: An officer is sent to Bank Street Road to interview another person whose tires were slashed.

City police were dispatched about five minutes ago to the rear parking area of Blockbuster on Lewiston Road for a report of an employee's tire slashed.

Now a Sheriff's deputy is being sent to the same area (city limit is at Park Road) for more reports of slashed tires. It isn't clear from what we picked up off the scanner which parking lot this additional vandalism took place in.

UPDATE 1:49 a.m.: Apparently, the Sheriff's Office has jurisdiction on the customer parking lot on Lewiston. That is where all of the tires were slashed, including the one initially reported behind the building in employee parking.

UPDATE 1:59 a.m.: If I heard this right, now there's a report of a Jeep outside Sunny's (in the City Centre) with its tires slashed.

UPDATE 7:52 a.m.: The Sheriff's Office put out a news release confirming that the tires were slashed on three cars in the Batavia Downs parking lot on Park Road some time between 9 p.m. and 1:30 a.m. Anybody with information is asked to contact Deputy Kevin McCarthy at 345-3000, ext. 3237.

UPDATE 8:04 a.m.: An officer handling another similar incident inquired with dispatch about other reports overnight. There was another car vandalized in the city that was reported early this morning and a car break-in on Park Road.

UPDATE 9:25 a.m.: Batavia PD dispatched to Batavia Commons and Valu Plaza for more tires slashed.

Yesterday, in our story on the scuffle at the DSS office, we identified the suspect as Steven Joseph. His correct name is Steven Joseph Mancuso-Haitz.

We also said he was a resident of a complex called Mancuso Heights in Stafford.

It is unlikely there is a development in Stafford called Mancuso Heights, or even in the Town of Batavia, as one of our readers suggested this morning.

Mancuso-Haitz is apparently homeless and had only recently arrived in Batavia on a bus from Florida.

I'd feel a lot worse about this, but the Batavia Daily News reporter misunderstood the information in the same way I did.

I ran into one of the deputies from the scene at the courthouse this afternoon and as we discussed the confusion, it was clear how it came about. We all, I'm sure, regret the error.

Adam R. Kopp is indicted on charges of burglary, 2nd, criminal possession of a controlled substance, 5th, and petit larceny. Kopp is accused of entering a residence on Bloomingdale Road, Alabama, on Jan. 12, with the intent of committing crimes once inside. On that date, he is accused of possessing hydrocodone and acetaminophen. He is accused of stealing on that date hydrocodone and acetaminophen tablets.

Shawn R. Hugar is indicted on charges of DWI as a misdemeanor, driving with a BAC of .08 or greater and aggravated DWI ("Leandra's Law"). Hugar is accused of driving drunk on Aug. 23 in the Town of Darien while a child less than 15 years old was in the vehicle.

Lynn A. Hertweck is indicted on charges of DWI as a felony and driving with a BAC of .18 or greater as a felony. Hertweck is accused of driving drunk on Oct. 3 on Route 19, Town of Bergen.

Dustin M. Locicero, 26, formerly of 16 Gibson St., Bergen, is charged with criminal possession of stolen property, 4th, and four counts of identity theft. Locicero, currently an inmate at the Elmira Correctional Facility, is accused of possessing a stolen credit card at the Wilson Farms store, 8132 Buffalo Road, Bergen, on March 18, and allegedly using it to make three separate ATM withdrawls and one merchandise purchase. The investigation was conducted by Deputy Dana Richardson and Investigator Timothy Weis.

Stephen John Farrell, 44, of the Bare Hill Correctional Facility, Malone, is charged with burglary, 3rd, and criminal mischief, 4th. Farrell is accused of using force to enter a Bergen business during the early morning hours of Feb. 11. The entry door was damaged. Farrell was arraigned in Genesee County Court and bail was set at $10,000.

Cody James Sundown, 20, of Sailles Plank Road, Irving, is charged with criminal mischief, 4th. Sundown was arrested on a bench warrant out of Town of Pembroke Court. Sundown is accused of damaging another person's vehicle on Nov. 27.

Matthew Scott Williams, 23, of 21 Maple St., upper, Batavia, is charged with a violation of probation. Williams was taken into custody at 7:47 p.m., Thursday. Williams was wanted on a bench warrant out of Town of Elba Court. He was jailed on $5,000 bail. (For previous arrest reports on Williams, click here.)

A 26-year-old Stafford man apparently had a bad day at the Department of Social Services office and when a security guard told him it was time to leave, he didn't immediately comply.

"The situation became verbal and then it became physical," said Trooper Mark Catanzaro.

The initial 9-1-1 call for assistance came into the Emergency Dispatch Center at 11:14 a.m.

Taken into custody and facing a possible harassment, 2nd, charge is Steven Joseph, who listed an address in Mancuso Heights, off Seven Springs Road, Stafford.

The security guard was checked by Mercy EMS as a precaution, but was not injured, though his jacket was torn.

Joseph did not appear injured either. 

Catanzaro said Joseph was at DSS seeking services, but "it wasn't going well." He became agitated and the security guard suggested he leave and come back another day.

During the confrontation, the guard wrestled Joseph to the ground and held him there until law enforcement arrived.

Catanzaro was first on scene. A city police officer and Sheriff's deputy arrived on scene seconds later.

UPDATE: A reader sent an e-mail saying that Mancuso Heights is actually in the Town of Batavia.

At least eight buildings in Downtown Batavia were tagged with graffiti some time since later yesterday evening, according to police.

The police report doesn't specify which buildings, but the building owners were notified that police officers spotted the graffiti sometime around 2 a.m.

There has been a little tagging of downtown buildings in the past, but this new tagging does not match the previous words/symbols left.

Chief Randy Baker said the police officer wasn't even sure what the message of the tags were.

Baker suggested that anybody who is downtown after dark call police and report any suspicious activity around buildings.

UPDATE: Downtown property owner Ken Mistler is offering a $500 reward for information leading to the arrest and conviction of the tagger.

Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, is charged with four counts of sexual abuse, 1st. Dioguardi is accused of having forcible sexual contact with a child under 11 on two separate occasions in 2006. Dioguardi is currently serving a sentence on a conviction for similar acts, also in 2006. The case was investigated by Det. Kevin Czora, Batavia PD.

Amanda Ann Barclay, 23, of Angling Road, Corfu, is charged with criminal contempt, 2nd. Barclay is accused of remaining in the presence of two people whom she is barred by court order from contacting.

Kenyada R. Peterkin, 29, of Saxton Street, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, unlicensed operation and unlawful possession of marijuana. Peterkin was arrested following a traffic stop by members of the Local Drug Enforcement Task Force. He was allegedly found in possession of crack cocaine and marijuana. Peterkin was jailed on $1,500 bail.

A 17-year-old from Asbury Road, Pavilion, is charged with criminal contempt, 2nd, and harassment, 2nd. The youth allegedly violated a court order by hitting another person during an argument.

Matthew Joseph Dahl, 19, Tinkham Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no-passing zone and inadequate headlights. Dahl was stopped at 2:06 a.m., Saturday, on Tinkham Road, Darien, by Deputy Jason Saile.

Stephen Daniel Golembiewski, 32, of Main Road, East Pembroke, is charged with DWI, driving with a BAC of .08 or greater, driving left of center pavement markings and obstructed rear plate. Golembiewski was stopped at 1:13 a.m., Sunday, on Indian Falls Road, Pembroke, by Deputy Patrick Reeves.

Jenna Alexandra Kavanagh, 18, of Guaymar Circle, Rochester, is charged with unlawful possession of marijuana. Kavanagh was allegedly found in possession of marijuana during a traffic stop on Thursday by Deputy James Diehl.

Brandy Rose Douglas, 31, of South Main Street, Elba, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and driving left of pavement markings in a no-passing zone. Douglas was stopped at 12:17 a.m., Friday, on Chapel Road, Byron, by Deputy Jason Saile.

Tomubari Godswill Gbaraba, 18, of 262 14th St., Buffalo, is charged with rape in the first degree. Gbaraba is accused of having forced sexual intercourse with an 18-year-old victim at College Village. Gbaraba was jailed on $50,000 bail.

Christine A. Woika, 37, of 82 Gilbert St., Le Roy, is charged with reckless endangerment of property and endangering the welfare of a child. Woika is accused of placing a jacket and other clothing in an oven in an apartment and leaving the oven on. The clothes started to burn and if they had caught fire, the fire could have spread causing at least more than $250 in damage. Woika is also accused of allowing herself to become incoherent to the point that she had to be transported to a hospital while she was caring for a 2-year-old child.

John Weston Boddy, 19, of Junction Road, Pavilion, is charged with unlawful possession of marijuana. Boddy is accused of possessing marijuana while on Pavilion Central School property. He was issued an appearance ticket by Deputy Brian Thompson.

A 17-year-old, of Roanoke Road, Pavilion, is charged with unlawful possession of marijuana. The youth is accused of possessing marijuana while on Pavilion Central School property. He was issued an appearance ticket by Deputy Brian Thompson.

Gary Frank Caccamise, 64, of Attica, is charged with unlawful possession of marijuana and drinking alcohol in a motor vehicle. Caccamise was reportedly spotted by Deputy Brian Thompson allegedly drinking alcohol in a motor vehicle. Upon further investigation, Thompson allegedly found Caccamise in possession of marijuana.

Gerald George Ryder, 50, of Bloomingdale Road, Alabama, is charged with criminal mischief, 4th, and harassment, 2nd. Ryder is accused of punching a woman in the head and then smashing her wooden bookcase during an incident at 2:30 a.m., Saturday.