crime

Legal charges against a Monroe County attorney and school board trustee accused of causing a ruckus at a basketball tournament in Batavia were reduced by the District Attorney's Office today.

John Parrinello, an appointed member of  Monroe County Community College Board of Trustees, now faces charges of trespass as a violation and two violations of disorderly conduct.

The charges stem for an Dec. 12 incident at Genesee Community College when Parrinello allegedly hassled a referee during a college women's basketball game and then refused to leave the gym when ordered by security. He was arrested after a State Trooper arrived and Parrinello allegedly failed to follow his instructions about which exit to use as he left the gym.

The original misdemeanor charge of criminal trespass, 3rd, were dropped, but not without Parrinello making a stink about the change.

"I want to know what's happening with the criminal trespass, 3rd, charge?" Parrinello asked while standing before Justice Michael Cleveland. "That's why I was handcuffed, cutting my wrists, put in a patrol car, had my mugshot (taken) and published in all the newspapers."

Assistant District Attorney Melissa Cianfrini kept trying to explain that the charges were being amended and Perrinello repeatedly interrupted her.

Cianfrini asked for a short recess to make a phone call and Perrinello complained that he had been waiting for the case to be called for two hours and didn't want to wait any longer.

Cleveland allowed Cianfrini to make her call and she returned and explained that she would submit the new charges and ask Cleveland to drop criminal trespass charge.

Perrinello's attorney, Batavia-based Lisa Kroemer, asked that the charges be dropped without prejudice and Cianfrini objected.

Kroemer said that in order to prepare for trial and make proper motions, she and her client needed to know that the misdemeanor charge wouldn't be refiled.

Cleveland said he would drop the charge without prejudice, which means the charge can be refiled.

The reason the lesser charges were filed, Cianfrini said, is that after a review of statements, evidence and interviewing witnesses, the reduced charges were more appropriate.

Kroemer refused to answer questions after the hearing, but Parrinello spoke briefly with reporters before getting in his Cadillac and driving away.

"They knew, or should have known, that what they arrested me for was not a proper charge,” Parrinello said, adding, "I'm presumed to be innocent. They have to prove me guilty beyond a reasonable doubt, which they'll never do."

The case of Chris Charvella, accused of placing an unwanted phone call to Legislator Jay Grasso, is moving back to Genesee County Court with a request that Judge Robert C. Noonan reassign the case again.

Previously, the case was moved from Le Roy Town Court to Town of Batavia because both judges in Le Roy had conflicts of interest.

Charvella's attorney, E. Robert Fussell, told Town of Batavia Justice Michael Cleveland that he and the District Attorney's Office agreed the case should be heard by a judge who is an attorney.

Cleveland is not an attorney.

Justice Tom Williams in Town of Batavia Court is an attorney.

Cleveland said that when the case was moved to Batavia, he and Williams discussed the case and decided that Cleveland would hear the case. Cleveland did not explain why they reached that decision.

Fussell will submit an application to Noonan to have the case reassigned to another town court, such as Stafford, where an attorney sits on the bench. Yet Stafford does not have two judges with a legal degree. The case could still wind up before a non-attorney judge.

The case needs to be heard by a judge who is an attorney, Fussell said, because of the Constitutional issues involved in the case.

Charvella is charged with harassment, 2nd, under the provision of the law that prohibits phone calls for no legitimate purpose.

After some back-and-forth between Charvella and Grasso prior to the last election -- in which Charvella reportedly wrote that he would shove some campaign signs up some people's rear ends -- Charvella called Grasso's house and said, "Thanks for reading my blog."

Grasso, who represents Le Roy, contacted State Police and had Charvella arrested on the harassment, 2nd, charge.

For previous coverage, click here.

Ronald A. Smith is indicted on charges of failure to register change of address and three counts of sexual abuse, 1st. Smith is a convicted sex offender and registered at an address on Thorpe Street and on or about Oct. 31 allegedly failed to registered a change of address. Count two of the indictment accuses Smith of holding a victim less than 11 years old in his arms and subjecting the victim to sexual contact at the Thorpe Street address some time between Oct. 28 and Jan. 7. Counts three and four are similar. (Previous Report)

Jacob C. Gerevics is indicted on a charge of criminal possession of marijuana. On Oct. 19, at 446 Broadway Road, #5, Darien, Gerevics was allegedly found in possession of more than 16 ounces of "one or more preparations, compounds, mixtures or substances containing marijuana."

William A. Andrews is indicted on a charge of criminal contempt, 1st. On Dec. 9, in violation of an order of protection, Andrews is accused of stating to a protected party "I'll make you a bloody mess!" and "I'll stab you and burn you all!"

Damion Michael Frye, 35, of 3662 Route 19 South, Warsaw, is charged with resisting arrest, escape and trespass. Fry is accused of refusing to leave The Eagle Hotel after being asked to do so by security. Le Roy Police responded and officers Robert Tygart and Emily Clark reportedly approached Frye and he was reportedly given several opportunities to leave. When he allegedly refused, he was placed under arrest. Frye allegedly refused to cooperate with the officers and struggled when they tried to place him into custody. Deputies from the Sheriff's Office responded to assist. Frye was Tasered by Deputy Frank Bordonaro. There was then a short foot pursuit before Frye was taken into custody. Frye was jailed on $5,000 bail.

Kenyada R. Peterkin, 29, of 323 Saxton St., Rochester, is charged with menacing, 3rd, criminal mischief, 4th, and endangering the welfare of a child. Peterkin is accused of going to the residence of a woman whom he knows at 5:30 p.m., Friday, and damaging her personal property. He also allegedly threatened the woman there with heated cooking oil. A child present at the time.

Robert L. Williams Jr., 20, of 337 Ellicott St., Batavia, is charged with disorderly conduct and resisting arrest. Williams was allegedly involved in a disturbance in the parking lot of Days Inn, 200 Oak St., Batavia. He was reportedly advised to leave and refused, shouting obscenities. When Officers Darryl Streeter and Eric Bolles attempted to arrest Williams, he allegedly struggled with officers.

Cody Lee Niccloy, 19, of Summit Street, Le Roy, is chargd with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and speed not reasonable for conditions. Niccloy was involved in a property damage accident at 2:47 a.m., Friday, at 7982 Byron Road, Stafford. Upon investigation by Deputy Eric Seppala, Niccloy was allegedly found to be intoxicated.

A 17-year-old resident of Route 237, Byron is charged with petit larceny. She is accused of stealing an iPod Touch from the locker room at Le Roy High School.

Chantel M. Garrett, 18, of Batavia-Stafford Townline Road, is charged with harassment, 2nd. Garrett is accused of punching another student in the face while in a dorm room at College Village.

Kevin John Milbrand, 46, of South Lake Road, Pembroke, is charged with harassment, 2nd. Milbrand was allegedly involved in a fight with another Pembroke resident.

Jeannie M. Mobley, 35, of 10 Hall St., Batavia, is charged with DWAI, aggravated unlicensed operation, 2nd, and unsafe backing. Mobley is accused of backing into another at car at 5:48 p.m., Sunday, near the Clinton Street entrance of Eastown Plaza.

A Batavia man is facing 42 counts of criminal possession of a forged instrument after members of the Local Drug Enforcement Task Force searched his residence on Spencer Court and allegedly found forged U.S. currency with a face value of $940.

Taken into custody and jailed with no bail is Lendle R. Tucker, 28.

Also seized on Friday were Tucker's computer and printers.

He was also allegedly found in possession of marijuana, and so charged with one count of unlawful possession of marijuana.

The arrest of Lendle reportedly follows an investigation by the task force into the production and possession of forged U.S currency.

Lendle was allegedly found in possession of forged currency in various denominations.

The investigation is continuing and further arrests are possible.

Assisting in the investigation were Le Roy Police, Batavia Police, the District Attorney's Office and Orleans County Major Crimes Task Force.

A Bergen man has been arrested by the Local Drug Enforcement Task Force and accused of possessing $1,000 in drugs and nearly $1,000 in cash.

Lucien J. Marks, 31, of South Lake Road, was taken into custody following the execution of a search warrant at his residence.

He was charged with two counts of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and one count of unlawful possession of marijuana

Investigators say they found more than a half ounce of cocaine, a quantity of pills, marijuana and $924 in cash.

The task force is comprised of members of the Sheriff's Office, Batavia Police and Le Roy Police.

The execution of the warrant was the culmination of a month-long investigation.

Marks was jailed on $25,000 bail.

A Batavia man was arrested in Oakfield on Jan. 14 after allegedly being found in possession of a shotgun with its serial numbers removed.

A Sheriff's Office press release accuses Jeffery T. Peyman, 21, of Ellicott Street, of possessing a shotgun with its serial numbers obscured with the intent of concealing the gun's identity.

Peyman was charged with criminal possession of a weapon, 3rd. He was located on Pearl Street Road in Oakfield allegedly in possession of the shotgun.

The arrest was made by the Local Drug Enforcement Task Force.

Peyman was arraigned and jailed on $5,000 bail.

A pre-trial hearing, called a felony hearing, was postponed today for Patrick Donahue, the 21-year-old Batavia man accused of rape in the first degree.

Donahue made bail, removing the legal requirement to have the felony hearing within a few days of his arrest.

The hearing is the first chance his attorney gets at challenging the evidence against him.

Donahue is accused of raping a 30-year-old woman at a residence on Walnut Street on Jan. 10.

Ronald J. Wendt, convicted last year in the drinking-and-driving death of an 18-year-old Dansville girl, appeared in County Court today to have his sentence on two of his charges corrected.

On two charges of assault, 2nd, Wendt was given two-and-a-half to seven years as an "indeterminant" sentence, meaning he could serve any portion of that range and be eligible for parole. 

Since his initial sentence, however, authorities realized that on charges of assault, 2nd, a defendant cannot receive an indeterminate sentence.

Today, Judge Robert C. Noonan sentenced Wendt to a two-and-a-half years determinant sentence on those charges.

The change doesn't effect Wendt's sentence on other charges and since the sentencing on all 11 counts were concurrent, Wendt could still be eligible for parole in little more than a year (he served more than a year in jail while awaiting trial prior to his conviction).

For previous sentencing coverage, click here.

Also in court this morning, Patricia Hardesty, accused of shooting her husband in the knee during a domestic dispute in August, entered not guilty pleas to three felony charges, including assault, 1st, and assault, 2nd. Hardesty is out of jail and under the supervision of Genesee Justice. Her husband requested that no order of protection be placed in the case, so none was issued. The couple continues to reside together in their County Line Road home.

Jody B. Gillett, 50, of Pine Hollow Drive, Batavia, is charged with DWI and driving with a BAC of .18 or greater. Gillett was arrested after allegedly being observed by Le Roy Police Officer John Duyssen driving at an excessive speed and spinning the car around in the Tops Market parking lot.

Police are looking for a hit-and-run driver who struck a pedestrian on Ross Street on Tuesday night.

The 16-year-old girl who was struck was treated for minor injuries at UMMC.

The car is described as a dark colored "old style" sports car. The driver is described as a dark-skinned male.

According to Batavia Police, the pedestrian was walking east on Ross when the car, which was heading east on Washington Avenue, failed to stop at the stop sign. The driver made a right-hand turn to head south on Ross and struck the pedestrian.

Anybody with information that might help with the investigation is asked to call Batavia PD at 345-6350.

A Batavia mother who admitted that she tried to smuggle oxycodone into the Genesee County Jail for her son will spend five years on probation, County Judge Robert C. Noonan ruled today.

Kathleen Catino, 60, of Seven Springs Road, entered a guilty plea in November. She tried to bring the drugs in September to Cain Catino, 39, who had recently been arrested for an attempted robbery of prescription drugs from the Oakfield Pharmacy.

I’m sorry," she told Noonan. "Would I do again? No. It’s very hard to watch your child suffer. It’s been a very long 15 years."

Dressed all in black, Catino also complained to the judge that  officials at Oneida State Prison are not providing her son -- serving one-and-a-third to three years for attempted robbery -- with the substance abuse treatment Noonan ordered.

He responded that in some areas the legislature has not granted him the power to require corrections officials to do everything he might require of a convict.

"Short of that authority, they're on their own and know more about the business they conduct than I do," Noonan said.

As for Catino's actions, the judge told her "You have to understand, and everybody needs to understand, that just because you see somebody suffering you can’t take the law into your own hands to correct the difficulty."

Noonan did allow Catino, who has no prior criminal history, to retain her driver's license, finding that taking it from her would have posed a significant hardship.

As part of the plea agreement, Catino agreed to be searched or have her home searched by probation at any time.

A Batavia man accused of forcible rape can get out of jail while he awaits further legal proceedings if he can raise $10,000 in either cash or bond.

Patrick J. Donahue, 21, of 44 Williams St., appeared in City Court today with his attorney, Kevin Earl, who argued that Donahue should be released under the supervision of Genesee Justice.

Earl also asked for a felony hearing to challenge the validity of the rape in the first degree charge. The hearing was set for 10 a.m., Friday.

Donahue is accused of raping a 30-year-old woman at a residence on Walnut Street on Jan. 10.

Assistant District Will Zickl argued that some amount of bail should be required because of the seriousness of the crime. He also noted that Donahue is currently serving a five-year probation term for a previous, unspecified, conviction.

Earl noted that Donahue has only three months left on the probationary term and has met all of his obligations while on probation.

Earl argued that the release under supervision evaluation should have given more weight to Donahue's employment. Donahue has held down a seasonal job with the same employer for three years and even though he is currently drawing unemployment, he is scheduled to go back to work Jan. 31.

Judge Robert Balbick said that while Donahue may have fallen a point short on the RUS evaluation, it's not all about points. The evaluation does not take into consideration the seriousness of the crime.

Donahue, who appeared in court in a jail jumpsuit and shackled, with a paragraph-long tattoo on his upper left arm, is a lifelong Batavia resident and graduate of Batavia High School.

Eight or nine family members, along with Donahue's girlfriend, were in the courtroom for the hearing.

"I think that shows the support my client has and what they believe about the viability of this charge," Earl said. "They don't think my client would do these things."

A 48-year-old woman is facing two felony charges, accused of stealing $6,172 from her employer, a child-care facility.

Doris M. Castle, of 8325 Vallance Road, Le Roy, is charged with grand larceny, 3rd, and falsifying business records, 1st.

Castle is accused of pocketing funds from clients who paid in cash for child-care services.

Det. John Condidorio said Castle also allegedly altered a cash receipt journal in order to try and cover up her alleged thefts.

Castle was releasedon her own recognizance.

A 21-year-old Batavia man has been accused of forcibly raping a 30-year-old woman.

Charged with rape in the first degree is Patrick J. Donahue, of 44 Williams St.

He was jailed without bail following arraignment today in City Court.

He is accused of raping a woman at a residence on Walnut Street the evening of Jan. 10.

UPDATED 1:31 p.m.

Suzanne Corona, 42, was back in police custody today after allegedly trying to steal a flower arrangement from Batavia Stage Coach Florist & Gifts in the Genesee Country Mall.

Corona is charged with petit larceny.

During her arraignment in Batavia City Court this afternoon, Judge Robert Balbick said Corona is accused of stealing a table-top floral arrangement with a light in it valued at $20.

Corona has been given time to meet with a public defender before entering a plea. She is scheduled to reappear in city court on Wednesday afternoon.

Meanwhile, Corona was released under supervision of Genesee Justice.

Outside of the courthouse, Corona said, "What can I say? My life is a mess and I overreact in the wrong direction."

The Batavia resident made international news last summer when she was charged with public lewdness and and adultery for engaging in sexual activity with 29-year-old former Oakfield resident Justin Amend in Farrall Park. 

Corona eventually entered a guilty plea to public lewdness and was placed on probation.

Today, Corona entered the florist shop, according to owner Loretta Delpriore, and had a couple of items in her hand when Delpriore went into a back room for a phone call. When she came out, Corona was gone and so were the flower arrangements, the owner said.

Delpriore called police, identifying Corona by name as the suspect.

"I know who she is," Delpriore said. "I think everybody knows who she is."

Meanwhile, Amend, who admitted to public lewdness, is currently wanted on a bench warrant after reportedly moving to Florida before his sentencing.

Three people who may be suspects in some recent church burglaries here were chased into a swamp by Monroe County deputies yesterday.

The three suspects were allegedly in a stolen Jeep being chased by a deputy on Route 441 when it crashed near Dublin Road in Penfield. The suspects then tried to escape through a swamp.

Chief Deputy Jerome Brewster confirmed this morning that the suspects may be connected to some church burglaries in Genesee County.

The investigation is ongoing and Brewster said more information would be released as the case develops.

Arrested in Monroe County were Juan Morales, 21, Abner Santiago, 28, and Jose Morales, 16, all of Monroe County.

The trio was arraigned on burglary, 3rd, charges for allegedly breaking into the Church of the Resurrection on Mason Road in Perinton earlier Monday morning. The allegedly stolen Jeep was reportedly seen fleeing from the scene after deputies responded to a burglary alarm.

More from the Democrat and Chronicle.

Rebecca A. Chatley, 19, of 61 Mill St., Le Roy, is charged with grand larceny, 4th. Chatley is accused of going through the purses of fellow employees at a business in the Village of Le Roy. When confronted, Chatley was allegedly found in possession of another employee's debit card. Chatley was released on an unspecified amount of bail.

Melissa Ann Peterson, 25, of Jackson Street, Batavia, is charged with petit larceny. A complainant reported on Dec. 22 that Peterson failed to return a set of keys. Peterson reportedly denied repeatedly having the keys, stating adamantly, according to a Sheriff's Office release, that she returned the keys.  Peterson then later turned the keys over to the Sheriff's Office.

Summer Ogden, 34, of Ellicott Street, Batavia, who has a previous conviction for criminal possession of a weapon, 3rd, is charged with resisting arrest, attempted criminal mischief, 4th, and criminal tampering, 3rd. Ogden was reportedly being held in Wyoming County Jail for an unrelated incident. A warrant was issued for her out of Town of Batavia Court on the listed charges. (Previous Reports)

Assante Darrell Huggins, 18, of Brunswick Boulevard, Buffalo, is charged with petit larceny. Huggins was arrested on a Darien Town Court warrant following his release from the Erie County Holding Center on an unrelated charge. Huggins was jailed on $500 bail.

Kipa Luii Limonti, 39, of Roebling Avenue, Buffalo, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and no vehicle inspection. Limonti's vehicle was stopped by a State Trooper for alleged traffic violations at 12:40 p.m., Jan. 3, on Park Road, Batavia. The vehicle allegedly had a 2009 inspection sticker and a bald front right tire. Deputy Brian Thompson provided backup for the trooper and his K-9 "Pharaoh" allegedly alerted on the vehicle and Limonti was allegedly found in possession a small amount of marijuana.

Phylicia L. M. Carey, 18, of North Street, Le Roy, is charged with DWI, and driving with a BAC of .18 or greater. Carey was reportedly involved in a two-car accident on Church Street. Carey's car reportedly hit a parked car and then a utility pole. Carey was arrested by Le Roy Police.

Dennis Kaijage Stambuli, 18, of Sutton Park Road, Poughkeepsie, is charged with unlawful possession of marijuana. Stambuli was allegedly found in possession of marijuana by Deputy Kevin McCarthy, who responded to a complaint of a loud party in the Village of Oakfield at 9 p.m., Jan. 14. A 17-year-old was arrested and charged with unlawful possession of marijuana at the same time.

Angela Maria Draper, 34, of Transit Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Draper was allegedly involved in a one-car accident at 2:47 a.m., Saturday, on Route 63. Her car reportedly went into a ditch and struck a mailbox. The accident was investigated by Deputy Howard Carlson.

Scott E. Clark, 49, of 172 1/2 South Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and speed not reasonable. Clark was reportedly involved in an accident at 10:30 p.m., Friday, on Ellicott Avenue near Washington Avenue, Batavia. Clark's car reportedly slid into a curb and rode up the guide wire of a utility pole, coming to rest on its side. Clark was not injured in the accident. (Initial Report)

A man is reportedly rolling around on a snow bank -- without any pants on -- across from 8 S. Main St. in the City of Batavia.

Police are en route.

A Le Roy man accused of making at least one sexually explicit video involving a minor isn't being held in jail because of the case's individual circumstances, said the Le Roy Police Department detective who made the arrest.

Det. John Condidorio said it was his recommendation that Stephen M. Smith be released to the supervision of Genesee Justice following his arraignment in Le Roy Town Court on charges of possessing a sexual performance by a child, promoting sexual performance of a child and use of a child in a sexual performance.

The detective said such decisions are rendered on a singular basis and the law.

"Each case needs to be looked at individually and it's totally (up to) the police department, the district attorney's office and the courts," Condidorio said.

It is the "looking at the totality of the case" that explains, Condidorio said, why Smith's case wasn't referred to federal authorities, and why supervision by Genesee Justice while the charges are pending fits the circumstances.

Smith, however, may yet face statutory rape charges once State Police detectives complete their own investigation.

The video, or videos, allegedly involving a minor from Le Roy, were not made in the Village of Le Roy. Condidorio jurisdiction is confined to the village.

Meanwhile, a person who has identified herself as Smith's girlfriend, who is also the minor child who may have been involved in the videos, has left comments on Facebook and sent an e-mail to The Batavian defending Smith.

The girl said Smith is embarrassed by the charges and upset by reading accounts of the case in the media.

She said she's known Smith since 2006 and they've been involved in a relationship since Aug. 24, 2008. She said he is the father of her 8-month-old child.

"I'm writing because I am concerned with what was stated in the posts about Stephen's charges," the girl wrote. "I fully understand that what I have to say most likely won't matter to anyone because people will judge him because of this no matter what is said or isn't said. That is fine, because anyone that KNOWS him on a personal level, knows that he is not some sick predator."

The girl writes that Smith used a camera that had been given to her as a present and indicates that making the video or videos was her idea.

She said she left the camera at Smith's residence unintentionally and it was seized when detectives searched the place.

"I had Stephen call the day after they confiscated our things and informed them that there was going to be inappropriate content on my camera," she wrote.

Condidorio said he couldn't discuss the content of the girl's Facebook post or even confirm that the victim was female.

He said he was prohibited from discussing the case in detail and could only talk in general terms about how similar cases are handled.

"It is our policy in the police department to try and protect victims of any crime as much as possible," Condidorio said. "But it is still a free country and it is not our policy to try and control the actions of victims."

Even though the girl sees herself as somebody who is in a relationship with the accused, at 16 or 17, under New York state law, she is not old enough to consent to sexual relations.

Besides the alleged video involving the girl, Smith is also accused of using a video file sharing service to pass along and download videos involving other minor children engaged in sexual activity.

The type of service Smith is accused of using is called peer-to-peer, which means users install software that allows them to share the contents of specific folders on their own hard drives.

The case was brought to the attention of Le Roy Police when New York State Police Computers Crime Unit notified the Le Roy Police Department that a person at 41 Elm St. in Le Roy allegedly possessed, and was sharing sexual videos of, underage children via the Internet.

Condidorio stressed that there is no evidence that Smith shared video involving the alleged local victim in this case.

The girl said she and Smith were upset when the case was first reportedly publicly.

"It sincerely made me nauseous and shaky when I first read this article on Wednesday night -- to know that the reputation of someone you love has been destroyed for something blown so far out of proportion," the girl wrote.

"And to know that he would be viewed in a disgusting way by the public. The look on Stephen's face when he read this article was unexplainable. I have never felt how I have these past few days."