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December 22, 2015 - 11:13am
posted by Howard B. Owens in crime, batavia.

A 62-year-old Batavia woman who served on a grand jury in a murder case has been charged with unlawful grand jury disclosure, a Class E felony.

She is accused of disclosing to an acquaintance the decision of the grand jury to indict a person in a homicide case before the indictment was officially filed and became a matter of public record.

Janice L. Mortellaro, of Buell Street, was on a grand jury that was seated Dec. 8.

The Sheriff's Office, which handled the arrest of Mortellaro, is not disclosing which case she allegedly shared information about.

The District Attorney's Office is currently handling two homicide cases, the Dec. 1 death of Norman D. "Don" Bell in Le Roy and the discovery of a dead infant in a home on Liberty Street in August.

In the death of Bell, a neighbor, Kyle G. Johnson was arraigned on a second-degree murder indictment Dec. 15. In the case of the infant's death, the baby's mother, Christina M. Colantonio, was originally arrested on a murder charge, but she was released from jail after an autopsy could not prove a live birth. A second autopsy was ordered and no indictment has been announced in that case. It's uncertain if that case has even been presented to a grand jury at this point.

Mortellaro was arraigned in City Court and issued an appearance ticket for 9 a.m., Jan. 5, to answer to the charge.

December 21, 2015 - 2:20pm
posted by Howard B. Owens in crime, batavia, elba, pembroke.

A 17-year-old resident of Porter Avenue, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, unlawful possession of alcohol by a person under age 21 and leaving the scene of a property damage accident. The youth is accused of being the driver of a vehicle that struck a building in Elba. The youth allegedly fled the scene of the accident on foot and was located a short time later by a deputy. The incident, reported at 11:04 p.m., Friday, was investigated by Deputy Joseph Corona along with Deputy Howard Carlson and Sgt. Eric Seppala.

Jacklyn M. Ganzhorn, 28, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear. Ganzhorn allegedly failed to appear in City Court on a charge of unlicensed operation, 3rd. After posting $500 bail, Ganzhorn was turned over to Attica PD on a warrant.

Earle D. Webb, 29, of Joseph Avenue, Rochester, is charged with unlawful possession of marijuana and aggravated harassment, 2nd. Webb was arrrested by Batavia police as the result of an alleged incident reported at 11:42 a.m., Friday. 

Jordan J. Hardy, 26, of Sunset Parkway, Oakfield, is charged with two counts of sex offender failure to report change of, or changes to, Internet accounts. Hardy allegedly failed to report to Batavia two changes to his Internet accounts within 10 days of the change. He has a prior conviction and was arrested Oct. 26 on the same charge. He was jailed without bail.

Robert W. Blankenberg Jr., 31, of Union Street, Batavia. Blankenberg was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. He was jailed on $500 bail.

Johnny L. Shannon, 57, of Creek Road, Batavia, is charged with criminal use of drug paraphernalia, criminal possession of a controlled substance, 7th, and driving while ability impaired by drugs. Shannon was arrested following complaint of erratic operation at 7:47 a.m. Dec. 12 on East Main Street, Batavia, and an investigation by officers Kevin DeFelice and Sgt. Dan Coffey.

Justin Gabriel Sepi, 28, of Columbia Avenue, Batavia, is charged with unlawful possession of marijuana. Sepi was charged following a traffic stop at 10:25 p.m. Saturday on West Main Street, Batavia, by Deputy Ryan DeLong.

Dylan James Perry, 24, of Kingsbury Avenue, Batavia, is charged with criminal possession of a weapon, 3rd, and unlawful possession of marijuana. Perry was allegedly found in possession of metal knuckles and marijuana during roadside contact with law enforcement at 2:31 a.m. Friday on Main Road, Pembroke. He was arrested by Deputy Joseph Corona and jailed without bail.

December 17, 2015 - 12:10pm
posted by Howard B. Owens in crime, batavia.

Jade Dewey Repass, 20, of Irving Parkway, Oakfield, is charged with inhalation of certain toxic vapors. Repass was arrested following a complaint of two people unconscious in a vehicle in the parking lot of Walmart. Also charged was Jesse Sumner Repass, 29, of Pine Street, Oakfield. The duo are accused of inhaling fumes from a pressurized can of dust cleaner while sitting in the vehicle, causing a condition of intoxication. Jade Repass was released on his own recognizance. Jesse Repass was jailed on $1,000 bail or $2,000 bond.

Guadalupe Lopez-Perez, 53, of South Main Street, Batavia, is charged with criminal possession, 2nd. In the course of a domestic incident investigation at 12:35 a.m., Dec. 13, at a residence on South Main Street by Officer Jason Davis, Lopez-Perez was allegedly found in possession of a forged Social Security card and a forged resident alien card. These cards enabled him to obtain employment in the United States using a Social Security number. Lopez-Perez was jailed without bail.

Dennis Ray Lloyd Jr., 34, of Porter Avenue, Batavia, is charged with criminal contempt, 1st, assault, 3rd, endangering the welfare of a child, harassment, 2nd, criminal mischief, 4th, and criminal obstruction of breathing. Lloyd was allegedly involved in a verbal and physical domestic incident with the mother of his child and a friend of the mother's at 5:59 a.m., Dec. 14. The child was not physically harmed. Lloyd was jailed without bail.

Tyler J. Henderson, 27, of Franklin Street, Batavia, was arrested on a warrant. Henderson is accused of failure to appear on charges of menacing, 3rd, disorderly conduct and reckless endangerment of property. The reported date of the original incident is Jan. 1 at 9 Jackson St., Batavia.

Donna M. Kroft, 62, of State Street, Batavia, is charged with petit larceny. Kroft is accused of stealing $40.13 worth of merchandise from Dollar General.

Magnum Marie Kibler, 19, of Randall Road, Le Roy, is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 7th, and no seatbelt. Kibler was stopped at 12:33 a.m. Dec. 13 on Clinton Street by Officer Mitchell Cowen.

Jeffrey James Cervone, 47, of Skye Road, Basom, was arrested on a warrant. Cervone allegedly failed to appear for a court date. He was arrested upon his release from the Erie County Jail, where he was held on an unrelated matter. He was jailed locally on $1,000 bail.

A 17-year-old resident of Batavia (name withheld by Batavia PD) is charged with assault, 3rd. The youth and a juvenile companion are accused of attacking another person, causing physical injury.

Ian K. Leblanc-Chatt, 30, of Hart Street, Batavia is charged with petit larceny. Leblanc-Chatt is accused of stealing a 12-pack of AA batteries valued at $12.79 from Tops at 1:10 a.m. Dec. 12.

December 16, 2015 - 11:09pm
posted by Raymond Coniglio in Le Roy, crime, Ryan Young, Kyle Johnson.

121615_ryan_young.jpeg

Le Roy Police Officer Ryan Young, left, is pictured Wednesday with Village Police Chief Christopher Hayward.

Le Roy Police Officer Ryan Young was honored by his department Wednesday, for his actions at the scene of a house fire and armed standoff Dec. 1 on Selden Road.

Village Police Chief Christopher Hayward presented Young with a Distinguished Service Award and accompanying bar during Wednesday’s Village Board meeting.

Kyle G. Johnson, 53, has been charged with murder in the shooting death of John Ball, 69. Johnson is accused of then setting his own house on fire, and firing a shotgun in the direction of responding firefighters and police officers.

None of that was clear when Young and Hayward arrived to back up Genesee County Sheriff’s deputies at the scene of the shooting shortly after 4 a.m. at Ball’s home at 7421 Selden Road.

The fire at Johnson’s house was reported minutes later. Genesee County deputies approved Young’s request to provide backup at the fire.

“I just had a feeling on my way from the homicide scene to the fire that it was too close to be a coincidence,” said Young, 27, a part-time village officer for three years.

“That’s when dispatch sent out the warning and kind of confirmed my suspicions,” he said.

Hayward continued the narrative, in a letter of commendation addressed to Young.

He said Young stopped just east of the fire scene and got out of his vehicle. Three Le Roy Fire Department vehicles passed Young on their way to the fire.

“You observed the silhouette of a person walk from the brush and point a long gun in (firefighters’) direction and fire two to three times,” Hayward said.

Firefighters quickly left the scene. As Young took cover he heard two shots being fired in his direction, and saw something pass over his left shoulder, Hayward said.

After the gunfire became a standoff, Young established a perimeter and directed residents of the neighboring home to take shelter in their basement, Hayward said.

“For the next three and a half hours you used different positions of cover — always in harm’s way — and continually called in the suspect’s location to other units at the scene,” Hayward said.

“Eventually the suspect was taken into custody,” he continued. “But I attribute the successful outcome to you and the exceptional actions you took after being fired upon.”

Johnson was arrested at 7:55 a.m. by members of the Monroe County Sheriff’s Office SWAT team. 

He entered not guilty pleas to murder, burglary, arson and attempted murder during an arraignment Tuesday in County Court. He remains in jail without bail.

Hayward also read a letter from county Sheriff Gary Maha, offering “thanks and appreciation” for Ryan’s help and for the assistance of the village police department.

“This is another fine example of cooperation and collaboration between our two agencies,” Maha wrote.

Hayward said the incident is a reminder of the hazards law enforcement officers face every working day. 

“We don’t walk out the door with a lunch pail,” Hayward said. “We walk out the door with body armor and a gun.

“I bristle when people tell me, ‘It can’t happen here,’ ” he added. “Well, it can happen here, it did happen here, and unfortunately with the society we live in today, it certainly can happen again.”

December 15, 2015 - 4:25pm
posted by Howard B. Owens in Kyle Johnson, crime, Le Roy.

Cindy Ball wants justice for her dead brother-in-law and his family, and that's the goal of the prosecution, said District Attorney Lawrence Friedman outside of County Court this afternoon, where Kyle G. Johson entered not guilty pleas to the murder, burglary, arson and attempted murder charges he faces.

Ball, who is married to the brother of Norman D. "Don" Ball, the man Johnson allegedly shot in the head while he slept in his bed in his Selden Road home, cried after the not-guilty plea and cried outside the courtroom.

"He (Don Ball) had four beautiful grandchildren and this man came in his house in the middle of the night and shot him," Cindy Ball said. "It's just wrong. It's so wrong. My brother-in-law had an open door policy. He helped everybody. I've known him since I was 15. I'm just totally broken and he pleads not guilty. There's proof."

There's also due process and defense attorneys are charged with ensuring the prosecution has a solid case, either through a plea bargain process or by taking the case to trial. It's every defendant's right.

"Basically, everyone pleads not guilty at arraignment," Friedman said. "That's they way it goes. Whether there would be a guilty plea, in any case, it normally doesn't happen at the time of arraignment on an indictment."

Johnson was indicted last week by a Grand Jury of Genesee County on the eight counts that include murder in the second degree. The charges stem from events on Selden Road, Le Roy, on the morning of Dec. 1, when Johnson allegedly entered the home of Don Ball through an unlocked back door, entered his bedroom and shot him. He then allegedly went back to his own house on Selden Road and set it on fire. When a Le Roy fire chief and police officer arrived on scene, Johnson allegedly fired his shotgun at them.

Friedman said his goal for the family is to "seek justice."

At this point, Johnson will continue his stay in jail without bail while his defense attorney, Public Defender Jerry Ader, prepares pre-trial motions, which Friedman will then answer, and then both attorneys and Johnson will appear in court at 9:30 a.m. Feb. 23 to argue those motions.

There may be an appearance in court by Johnson Dec. 21 on a request by Friedman to get a DNA sample from Johnson, but Ader may not contest that request, in which case there will be no appearance Dec. 21.

Johnson shuffled into court in the jail's orange jumpsuit, shackled by chains, his head down and disheveled, and said little during the short arraignment, except to acknowledge his name, agree to continue with Ader as his attorney and enter his not guilty plea.

December 15, 2015 - 12:33pm
posted by Billie Owens in crime, batavia.

Alysan Courtney Gaebler, 38, of Soccio Street, Batavia, is charged with petit larceny. Following the investigation of a shoplifting complaint on Veteran's Memorial Drive in the Town of Batavia, Gaebler was arrested for allegedly stealing $98 worth of merchandise from a department store. She was issued an appearance ticket for Town of Batavia Court and is to appear there on Jan. 21. The case was handled by Sheriff's Deputy Eric Meyer, assisted by Deputy Jason Saile.

December 15, 2015 - 12:20pm
posted by Billie Owens in crime, Le Roy.

Press release:

The Le Roy Police Department is attempting to determine who stole a full-size Frontier Phone Company bucket truck from the Myrtle Street area of Le Roy.  The theft was reported at 4:40 p.m. Monday evening after a lineman parked the truck in the area of 34 Myrtle St. and was conducting work on a nearby pole.

While the lineman was on a ladder at the telephone pole, an unknown suspect entered the truck and stole it.  The truck was last seen Eastbound on Myrtle Street. The truck was located at 7:03 p.m. in the City of Rochester near the Glendale and Maryland Street intersection.

The Le Roy Police are interested in locating and speaking with a person of interest described as a mid-20s, white male seen in the area of both locations wearing a blue hooded sweatshirt, white shirt and jeans and carrying a high chair.

If you have any information pertaining to this theft or this person of interest, please contact the Le Roy Police Department at 345-6350.

December 14, 2015 - 2:33pm
posted by Billie Owens in crime, Le Roy, alexander, batavia, Attica, pembroke, corfu, byron, Pavilion, Stafford.

Joshua M. Gaudioso, of Galloway Road, Batavia, is charged with second-degree harassment and second-degree strangulation. He was arrested following a domestic incident at 7:46 p.m. on Dec. 6 wherein he allegedly strangled the victim and threatened to kill the victim along with several members of the victim's family. He was jailed without bail. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Christopher Lindsay.

James E. Wroten Jr., 49, of Central Avenue, Batavia, was arrested at 10 p.m. on Dec. 7 on Olyn Avenue following a verbal and physical argument between himself and a person who had a stay away order of protection from Wroten. It is alleged that the defendant called the protected party names and pushed a plate into her face during an argument. He was jailed without bail. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Ivison.

Kenneth C. Roma, 28, of South Main Street, Batavia, is charged with DWI, operating with a BAC of .08 percent or more, uninspected motor vehicle, cracked/broken windshield, and driving to the left of pavement markings (a no-passing zone). The Sheriff's Office received two calls from other motorists about the poor driving habits of the driver of a pickup truck eastbound on Route 5 in the Town of Batavia at around 10:20 p.m. on Dec. 11. The callers continued to follow the pickup and provide dispatchers with the current locations and details of when the pickup allegedly interfered with other vehicles on the roadway. Sheriff's Sgt. Ron Meides located the pickup on West Avenue in the Village of Attica with a caller's assistance. The driver indicated he was lost and did not know where he was. Meides was assisted by other members of the Sheriff's Office and two officers from the Attica Police Department. Roma was released on an appearance ticket and is to be in Alexander Town Court on Jan. 12. Sgt. Meides was assisted in the investigation and report by Sheriff's Deputy Richard Schildwaster.

Heather R. Frizol, 35, of Maple Street, Batavia, is charged with aggravated driving while intoxicated, DWI, speeding, failure to maintain lane, and passing through a red light. She was arrested following a traffic stop at 1:28 a.m. on Dec. 6 on Main Street, Batavia. Frizol was also charged as an unlicensed driver and for allegedly having an open container of alcohol in the vehicle. She is to appear in City Court on  Dec. 16. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Felicia DeGroot.

Richard Dean McKague Jr., 25, of West Main Street Road, Batavia, is charged with unlawful possession of marijuana, second-degree aggravated unlicensed operation, failure to yield right-of-way to an emergency vehicle, failure to stop at a stop sign, and being an unlicensed operator. His arrest at 6:06 a.m. on Dec. 10 came after a vehicular pursuit that started in the Town of Stafford and ended in the Town of Byron. It is alleged that McKague was observed violating sections of state vehicle and traffic law and then when a traffic stop was initiated, be failed to comply. The pursuit through two townships concluded on Beaver Meadows Road and he was taken into custody without incident. A search of his person allegedly produced a small quantity of marijuana. He was jailed in lieu of $2,500 cash bail or $5,000 bond and will respond to both Stafford and Byron courts to answer the charges. The investigation was handled by Sheriff's Deputy Joseph Corona, with the assistance of Deputy Christopher Erion, Sgt. Eric Seppala, and State Police.

Jeffrey Lynn Shultz II, 21, of Walkers Corners Road, Byron, is charged with operating a motor vehicle while impaired by drugs -- first offense, driving left of pavement markings, and operating a motor vehicle without an inspection certificate. He was arrested at 1:51 p.m. on Dec. 12 on Byron Road in Byron. He is to appear in Byron Town Court on Dec. 15. The case was handled by Sheriff's Deputy Joseph Corona, assisted by Deputy Patrick Reeves.

Roger James Farney, 33, of Clayton Street, Buffalo, is charged with second-degree criminal contempt. He was arrested at 1 p.m. on Dec. 9 on West Main Street in Batavia after allegedly making derogatory statements toward a person who has an order or protection. He turned himself into Batavia PD headquarters and is to appear in City Court on Dec. 29. The case was handled by Batavia Police Officer Peter Flanagan.

Jeannine Nicole Armbrewster, 38, of Ridge Road, Medina, is charged with driving while ability impaired by drugs. She was arrested at 7:42 p.m. on Dec. 12 on Alexander Road, Alexander. The case was handled by Sheriff's Deputy Dana Richardson, assisted by Deputy Christopher Parker.

Ryan Joseph Bellinger, 25, of Route 209, Varysburg, is charged with criminal possession of a weapon in the fourth degree -- brass knuckles, unlawful possession of marijuana, and operating a motor vehicle with obstructed vision. Bellinger was arrested following a traffic stop at 10:21 p.m. on Dec. 13 on Alleghany Road, Pembroke. He was issued an appearance ticket for Pembroke Court on Jan. 21. The case was handled by Sheriff's Deputy Lonnie Nati.

Daniel C. Brinkman Sr., 55, of Mill Street, Batavia, is charged with third-degree criminal trespass. It is alleged that at 8:30 a.m. on Dec. 9, Brinkman trespassed onto CSX Railroad property (located at 100 Evans St., Batavia) after having been warned to stay off the property. He is due in City Court on Dec. 16. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Kevin DeFelice.

Jason L. McKenzie, 37, and Pamela L. McKenzie, 39, husband and wife from Pavilion, were arrested by state Troopers on Dec. 6 and charged with petit larceny for allegedly stealing items from Kohl's earlier in the week.

Kelli E. Wallace, 53, of Swan Street, Batavia, is charged with petit larceny. She was arrested at 7:20 p.m. on Dec. 7 after allegedly stealing property from Dollar General. She was issued an appearance ticket and is to appear in City Court on Dec. 15. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Jamie Givens.

Michael F. Geer, 24, of Trumbull Parkway, Batavia, was arrested at 3:56 a.m. on Dec. 11 as the result of an investigation into an incident that occurred on East Main Street on Nov. 13. Geer, who is currently in county jail, was issued an appearance ticket charging him with petit larceny. He is to be in City Court on Dec. 15. The case was handled by Batavia Police Officer Eric Foels.

Robert Ernest Saari, 33, of Alleghany Road, Attica, was arrested on a bench warrant out of Batavia City Court for failing to appear at a scheduled court date. He posted bail and was released on an appearance ticket. He is to be in City Court on Dec. 22. The case was handled by Batavia Police Officer Chad Richards. 

Robert Ernest Saari, 33, of Alleghany Road, Attica, was arrested at 6:04 p.m. on Dec. 11 and charged with having insufficient tail lamps and first-degree aggravated unlicensed operation. After being pulled over for allegedly having insufficient tail lamps, it was found that the defendant's license was suspended more than 10 times on 10 dates. The case was handled by Sheriff's Deputy Eric Meyer, assisted by Deputy Kevin McCarthy.

Martin James Rodgers, 31, of West Main Street Road, Batavia, is charged with parole violation. As the result of a search of his residence at 10:45 p.m. on Dec. 10, is alleged that he violated parole. A court date for him has not yet been scheduled. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Howard Carlson.

Daniel Colin Healy, 24, of North Street, Le Roy, is charged with failure to appear on a traffic summons. He turned himself into Batavia PD headquarters after being notified by mail that he had a warrant out for his arrest. He is to be in City Court on Dec. 15. The case was handled by Batavia Police Officer Jason Davis.

Zachary B. Reeves, 19, of Maine, is charged with unlawful possession of marijuana. On Dec. 12 at Route 33 and Prospect Street, Corfu, Reeves was pulled over for allegedly driving 54 in a 35-mph zone and for having a loud muffler. The patrol officer allegedly smelled marijuana in the vehicle and allegedly found marijuana residue on the passenger seat. Subsequently, the officer allegedly found a jar containing about 1 gram of marijuana as well as two glass smoking pipes and "1 false cigarette containing marijuana residue." The case was handled by Corfu PD Officer Michael Petritz, assisted by Sheriff's Deputy Lonnie Nati and Deputy Chris Erion and K-9 "Destro."

December 11, 2015 - 11:57am
posted by Howard B. Owens in crime, Le Roy.
mug_charles_scintadec2015.jpg mug_wetsell_james.jpg
   Charles Scinta    James Wetall

A pair of separate investigations into the sale of prescription drugs in Le Roy has led to the arrest of two men who are accused of making sales of oxycodone and diazepam to agents of the Local Drug Task Force.

One of the suspects is 74 years old.

Arrested were James J. Wetall, 43, of Genesee Street, Le Roy, and Charles G. Scinta, 74, of Genesee Street, Le Roy.

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

He is accused of selling oxycodone on two separate occasions.

Scinta is charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th.

He is accused of selling diazepam on two separate occasions. 

The men were arrested by members the Local Drug Task Force and Le Roy police officers on sealed indictments.

Following arraignment in County Court, they were both released to supervision by Genesee Justice.

December 10, 2015 - 11:37am
posted by Howard B. Owens in crime, Bethany, Alabama.

A teenage child sex abuser will spend three years in prison following his sentencing in County Court on Tuesday.

Storm U. Lang, 18, entered guilty pleas in July to two counts of sexual abuse, 1st, and a count of sexual abuse, 2nd.

Lang was sexually involved with three different victims on separate occasions when he was 17 years old. He was arrested for subjecting a 7-year-old to sexual contact in the Town of Alabama in October. In November, he also subjected a 12-year-old child to sexual contact in the Town of Alabama and a 5-year-old child to sexual contact in the Town of Bethany.

Lang will be on post-release supervision for 10 years once he's served his three years in state prison.

December 10, 2015 - 11:26am
posted by Howard B. Owens in crime, Le Roy, Grand Jury, Kyle Johnson.
120mug_kylejohnson.jpg
    Kyle Johnson

In addition to the murder, burglary and arson charges Kyle G. Johnson is facing following his arrest Dec. 1 in the shooting death on Selden Road, Le Roy, of Norman D. "Don" Ball, the defendant has been indicted by the Grand Jury on two counts of attempted murder.

Johnson is accused of attmepting to kill Le Roy Police Officer Ryan Young and Le Roy Fire Chief Tim Hogle when they arrived at his residence on Selden Road for the report of a house fire at 4:15 a.m.

Johnson, who is being held in the Genesee County Jail without bail, was originally arrested on a charge of reckless endangerment for allegedly firing his shotgun at the two men.

The eight-count indictment against Johnson begins with the murder in the second degree counts for the shooting death of Ball. Johnson allegedly entered Ball's home through an unlocked back door at 3:350 a.m., Dec. 1, went into his bedroom and shot Ball in the head while he slept. 

Johnson then allegedly returned to his residence and set his house on fire.

The counts against Johnson are:

  • Murder in the second degree, a Class A-1 violent felony, for the alleged murder of Ball;
  • Murder in the second degree, a Class A-1 violent felony, for allegedly entering Ball's house (burglary) and shooting him; 
  • Arson in the third degree, a Class C felony, for allegedly starting a fire at 7324 Seldon Road;
  • Burglary in the first degree, a Class B felony, for allegedly entering 7421 Selden Road, the home of Ball, with the intent to cause physical injury to another person;
  • Burglary in the first degree, a Class B felony, for allegedly entering the residence of Ball with the intent to use a dangerous instrument;
  • Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, officer Ryan Young, while knowing or should have reasonably known, Young was a police officer;
  • Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, Timothy Hogle, while knowing or should have reasonably known Hogle was a first responder responding to an emergency call.

For previous coverage, click here.

Also indicted by this Grand Jury:

Marcus C. Kazmierczak, is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kazmierczak is accused of driving drunk July 11, in the Town of Darien, while having a prior DWI conviction within the previous 10 years.

December 10, 2015 - 10:33am
posted by Howard B. Owens in crime, elba, batavia.

Jose Maria Agustin, 41, of Oak Orchard Road, Elba, is charged with criminal possession of a forged instrument, 2nd, and sex offender failure to notify change of address to another state within 10 days. Agustin was arrested following a raid at 6274 Oak Orchard Road, Elba, by members of the Sheriff's Office and Homeland Security. Agustin was found in possession of two allegedly forged instruments and he allegedly failed to notify the Department of Criminal Justice Services of his change of address from another state. He was jailed without bail.

James Cameron Lonergan, 38, of Pries Avenue, Buffalo, is charged with moving from lane unsafely, leaving the scene of a property damage accident, DWI, and driving with a BAC of .08 or greater. Lonergan was allegedly driving drunk when involved in a property damage accident at 12:38 a.m. Tuesday on West Main Street Road, Batavia. The accident was investigated by Deputy Andrew Hale.

December 8, 2015 - 9:02am
posted by Howard B. Owens in crime, Le Roy.
mug_liles_lawrencedec2015.jpg
    Lawrence Liles

A 58-year-old Warsaw resident is accused of leaving a cross in the lawn of a house in Le Roy with the message "RIP" written on it as part of an ongoing pattern of unwanted contact with the person who lives there.

Lawrence D. Liles, of 4400 Sage Road, Warsaw, is accused of "intentionally and for no legitimate purpose engaging in a course of conduct directed at the victim(s) while knowing or reasonably should have known that such conduct would cause material harm to the mental or emotional health of the victims and where the conduct constituted following, telephoning or initiating communication or contact with the victim(s), their family or third party."

He is charged with stalking, 4th.

The alleged conduct began around April 18 and continued until the cross incident at 6:30 a.m., Dec. 1.

He was arrested by Le Roy PD, arraigned in Le Roy Town Court and jailed on $500 bail.

December 7, 2015 - 9:31am
posted by Howard B. Owens in crime, batavia, bergen, Le Roy.

Emily J. Walker, 22, of North Lyon Street, Batavia, is charged with criminal possession of a forged instrument, 3rd. Walker allegedly presented a forged doctor's note to a former employer on Nov. 20.

Thomas O. Hart, 64, of Grafton Street, Rochester, is charged with DWI and failure to stop at stop sign. Hart was involved in a single-car accident at 6:39 p.m., Saturday, on West Sweden Road, Bergen. The accident was investigated by Deputy Chad Minuto.

Joseph R. Dux, 27, of Linwood Road, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Dux was stopped by Le Roy PD on Wolcott Road at 1:40 a.m., Friday.

Nathen Edward Donald Brege, 23, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge.

Heather M. Ace, 24, of State Street Road, Batavia, was arrested for alleged failure to appear and aggravated unlicensed operation.

Timothy J. Corke II, 28, of Liberty Street, Batavia, is charged with petit larceny. Corke is accused of shoplifting at Tops market.

Dustin V. Gothard, 27, of Wolcottsville Road, Akron, was arrested on a warrant. Gothard was located by State Police in Lockport and arrested on a warrant out of City Court stemming from an alleged incident in December 2014. Gothard posted $100 cash bail and was released.

Richard Levins, 58, of Walnut Street, Batavia, is charged with deteriorated roof covering. Levins turned himself on a warrant, posted bail and was released.

Ian C. Lawlis, 35, of Central Avenue, was arrested on a warrant stemming from an overnight parking charge. Lawlis posted $100 bail and was released.

James A. Hancock, 46, of Dellinger Avenue, Batavia, is charged with robbery, 2nd, grand larceny, 4th, strangulation, 2nd, aggravated criminal contempt and assault, 3rd. The charged stem from an alleged domestic incident Dec. 1. Hancock was arrested on a warrant at an address on Lewiston Road by officers from Batavia PD and deputies from the Sheriff's Office. He was jailed without bail.

Bethani M. Dibble, 23, of Prospect Avenue, Batavia, is charged with attempted petit larceny. Dibble was arrested after an investigation into a shoplifting complaint at Tops market.

Marlek E. Holmes, 41, no permenant address, is charged with harassment, 2nd, endangering the welfare of a child, and failure to report address change. Holmes was arrested on Dec. 2 on charges stemming from an alleged incident Nov. 8 on Central Avenue. Holmes was spotted on Wood Street by a resident who contacted police. Holmes was located inside a residence with the assistance of Deputy Chris Erion and K-9 Destro and was taken into custody without incident. He was jailed without bail.

Rylie A. Day, 25, of Wyndham Road, Rochester, was arrested on a warrant for alleged failure to appear. Day was charged with aggravated unlicensed operation on May 29.

John C. Orlowski, 18, of Lake Street, Le Roy, is charged with unlawful possession of marijuana. Batavia PD responded to a residence on Spruce Street at 6:26 p.m., Wednesday, on an unrelated investigation. Orlowski was allegedly found in possession of marijuana.

Ronald L. Worthington, 45, of Buell Street, Batavia, was arrested on a warrant. He turned himself in and was released on $100 bail.

Elizabeth A. Hicks, 32, of Read Road, Batavia, is charged with possession of a hypodermic instrument. Hicks was allegedly found in possession of a hypodermic instrument during an arrest on an unrelated charge.

Jason P. Wickson, 34, of Walnut Street, Batavia, is charged with criminal possession of a weapon, 3rd, criminal contempt, 2nd, aggravated family offense and criminal mischief, 4th. Wickson was allegedly involved in a domestic incident at 7:59 p.m., Wednesday, on Cedar Street, Batavia. Wickson was jailed without bail.

December 5, 2015 - 4:14pm
posted by Howard B. Owens in Kyle Johnson, crime, Le Roy.

ballfuneraldec52015.jpg

Norman D. "Don" Ball, a Vietnam Veteran who was shot and killed early Tuesday morning while he slept in his bed, was buried in the cemetery in Stafford today following a service at the Falcone Funeral Home in Le Roy.

Ball's neighbor on Selden Road, Le Roy, Kyle Johnson, is being held on a charge of second-degree murder.

Johnson is also charged with arson for allegedly setting his own house on fire shortly after the shooting, at 3:50 a.m., and with reckless endangerment for allegedly firing at firefighters and a police officer when they arrived at the blaze.

For previous coverage, click here.

ballfuneraldec52015-2.jpg

December 5, 2015 - 3:08pm
posted by Howard B. Owens in batavia, crime.

Press release:

The Batavia Police Department is investigating a telemarketing scam where an “Officer” claiming to be a member of a Police Department in the Dominican Republic has your relative (actual relative name used) in custody. The “Officer” explains your relative is in trouble and needs court costs, legal fees, fines and hospital bills paid, before they are released from a Dominican Republic Jail or allowed to leave the country. The “Officer” then has your inconsolable “relative” placed on the phone to beg for your assistance. The “Officer” advises the only way they accept payment for the debt is with iTunes Gift Cards over the phone.

The Batavia Police Department would like to remind the community during this holiday season to be mindful of this or similar telemarketing scams. Anyone who suspects they have been contacted by this or similar “Officers” are encouraged to file a report at www.IC3.gov or contact the NYS Attorney General’s Office to make a report.

December 5, 2015 - 2:17pm
posted by Billie Owens in Grand Jury, crime, Darien, batavia, pembroke.

Amy M. Carpenter is accused of the crime of driving while intoxicated, as a Class E felony. On Oct. 18, it is alleged Carpenter drove a 2002 Dodge on Willow Street and State Street in the City of Batavia while intoxicated. In count two of the indictment, she is accused of aggravated unlicensed operation in the first degree for operating a motor vehicle while she allegedly knew, or had reason to know, that her driver's license was suspended, revoked or otherwise withdrawn by authorities and did so while allegedly intoxicated. Also, Genesee County District Attorney Lawrence Friedman has filed Special Information, accusing Carpenter of having been convicted of felony DWI previously, on Jan. 27, 2008, and therefore alleging she had knew or had reason to know her driving privilege was suspended or revoked as a result of this conviction.

Daniel J. Vanderjagt is accused of the crime of driving while intoxicated, as a Class E felony. On Aug. 8 in the Town of Darien, it is alleged that Vanderjagt drove a 2014 Ford on Main Park Road while intoxicated. In count two of the indictment, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Frank L. Schiavi is accused of the crime of criminal possession of a controlled substance in the second degree, a Class A-II felony. It is alleged that on May 7 in the City of Batavia, Schiavi knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic drug, in this case, cocaine, and that these had an aggregate weight of four ounces or more.

Morgan R. Todd is accused of the crime of driving while intoxicated, as a Class E felony. On June 6, it is alleged that Todd drove a 2011 Volkswagen on Interstate 90 in the Town of Pembroke while intoxicated.

John W. Walsh is accused of the crime of criminal mischief in the third degree, a Class E felony. It is alleged that on Sept. 6, having no right to do so nor any reasonable grounds to believe he had such right, he intentionally damaged property of another person in an amount exceeding $250 on Oak Street in the City of Batavia.

December 4, 2015 - 12:34pm
posted by Howard B. Owens in Kyle Johnson, crime, Le Roy.
120mug_kylejohnson.jpg
    Kyle Johnson

A court appearance for Kyle Johnson, charged with murder in the death of Le Roy resident Norman D. "Don" Ball, has been postponed until January, at the request of his defense attorney.

Johnson was scheduled to appear in Town of Le Roy Court at 2 p.m.

Johnson is accused of entering the residence of Ball at 3:50 a.m., Tuesday, and shooting Ball in the head with a 12-gauge shotgun while Ball slept. Johnson then allegedly walked back to his own house on Selden Road and set it on fire. He allegedly shot at firefighters and a police officer when they arrived on scene at the fire at 4:15 a.m.

There was then a four-hour standoff with local law enforcement before Johnson surrendered.

He is charged with murder in the second degree, arson and reckless endangerment.

For prior coverage, click here.

December 3, 2015 - 3:14pm
posted by Raymond Coniglio in Norman 'Don' Ball, Le Roy, crime, Kyle Johnson.
normanball2015.jpg
Norman Don Ball
Photo provided by a family member

Words come easily to those who knew the late Norman D. “Don” Ball.

He was a great and generous friend, they say.

A true family man.

The kind of person who’d give the shirt off his back to a stranger in need.

“Not just his shirt,” said Ron Townsend, 67, a cousin and lifelong friend. “He’d give you his shoes and walk around barefoot.

“The man had a heart as big as the world,” Townsend said. “He’d help anybody.”

The words are easy to find.

What is impossible, Townsend said, is finding any sense in the tragedy that unfolded on Tuesday. Ball, 69, was shot and killed early that morning while he slept at his home on Selden Road in Le Roy.

A neighbor, Kyle Johnson, was charged with murder after an hours-long armed standoff with police.

The suspect, Townsend said, is among the countless number of people indebted to Ball.

It was at least a decade ago, Townsend said, that he was renting a room at Ball’s home, while also working at his construction business.

Johnson, who was married at the time, had trees that needed cutting but no money to pay for the work.

Townsend said Ball called him one winter day, and asked him to help Johnson out.

“Donnie called and asked me to take a chainsaw and cut the trees down,” Townsend said. “We didn’t know what to do with all the wood, so we brought it back and cut it into firewood.

“Shortly after that we had a snowstorm, and Donnie sent me down to plow (Johnson’s) driveway,” Townsend continued. “He didn’t have any money at the time, so his wife made Christmas cookies and we brought them over to Don’s house.”

Townsend said he felt sickened on Tuesday, as he watched television coverage of events on Selden Road.

“I just couldn’t believe it was happening,” Townsend said. “I just don’t get it.”

Tuesday was also difficult for Richard Gross, who got to know Ball when he rented his Selden Road apartment about eight years ago.

“We became real good buddies, doing all kinds of things together,” Gross said. 

Gross, 52, rented from Ball for a couple of years and now lives in Wyoming. He said he’d visit Ball whenever he had a chance, most recently about a month ago.

“He was always making jokes, always smiling,” Gross said. “It took a whole lot to upset him.”

Ball was a businessman and an Air Force veteran who served two tours of duty in Vietnam. He also owned a mobile home park in the Town of Bergen.

“He was a true family man,” Gross said. “He really loved his family, I can tell you that.” 

And his friends.

Gross remembered wanting to buy a Ford diesel truck. He couldn’t afford one at the time.

“Donnie knew I didn’t have the cash right at the moment, but he knew I wanted the truck,” Gross said. “The next thing I know, he goes and buys it for me.

“Is that a friend or what?”

Gross eventually paid Ball for the truck. He’ll never forgot the gesture of kindness.

Which left him feeling at a loss this week.

“I can’t believe somebody would do something like that to Donnie,” Gross said. “The guy did nothing but good for people.

“He didn’t deserve this,” he said. “That’s for damn sure.”

December 3, 2015 - 11:03am
posted by Howard B. Owens in crime, batavia, Le Roy, Basom.

Wendy S. Pritchard, 39, of MacArthur Drive, Batavia, is charged with false reporting an incident and providing a false written statement. Pritchard is accused of falsely reporting that a check written to her landlord was stolen and cashed without her permission.

Ajia R. Hasenauer, 22, of Myrtle Street, Le Roy, is charged with criminal possession of a controlled substance, 7th. Hasenauer was arrested by Le Roy police after a check by a probation officer of her residence allegedly uncovered a quantity of pregabalin, a controlled substance.

Brenda L. Babcock, 31, of West Ave, Brockport, was arrested on a warrant by Le Roy PD. Babcock was wanted in connection with a 2008 charge of issuing a bad check. 

Michael J. Elmore, 24, of Liberty Street, Batavia, is charged with criminal contempt, 2nd. Elmore was arrested following an investigation into a trespassing complaint at 6:06 a.m. Monday at an address on Summit Street, Batavia.

Ela Arana, 37, of Chapin Street, Rochester, is charged with petit larceny. Arana was allegedly observed by Batavia Downs video surveillance staff stealing a phone. Also charged with petit larceny, Luz E. Ramos, 54, of Chapin Street, Rochester.

Jae-Quele M. Tomlin, 21, of East Delavan Avenue, Buffalo, is charged with trespass and harassment, 2nd. Tomlin was arrested following a complaint of a disturbance at Billy Goats, 345 W. Main St., Batavia, at 11 p.m. Friday. Also arrested, Amber D. Blackshear, 21, of East Delavan Avenue, Buffalo, who was charged with assault, 3rd. Blackshear allegedly hit and injured a bouncer. Also arrested, Winston Ashton Lockhart, 20, no permanent address, who was charged with second-degree harassment and trespass.

Barbara Lynn Burns, 51, of Westwind Drive, Rochester, is charged with DWI and refusal to take breath test. Burns was arrested by Deputy James Diehl following a report of a property damage accident at 9:39 p.m. Tuesday at 8315 Park Road, Batavia.

Larson Zane Sundown, 18, of Meadville Road, Basom, is charged with driving while impaired by drugs, moving from lane unsafely, unlawful possession of marijuana, failure to stop for a red light on a right turn and driving left of pavement markings. Sundown as stopped by Sgt. Thomas Sanfratello on Lewiston Road, Batavia, at 11:53 p.m. Nov. 25.

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