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February 3, 2016 - 8:07am
posted by Howard B. Owens in crime, batavia, Oakfield, Stafford.

Bruce K. Ames, 49, of Bank Street, Batavia, is charged with menacing, 3rd, criminal possession of a weapon, criminal solicitation and coercion, 1st. Ames was arrested as a result of an investigation into an incident reported at 3:05 a.m. Jan. 24 at 122 Bank St., Batavia. Police report, "A New York SAFE Act compliant rifle was found and held as a result of the investigation." Ames was ordered held without bail.

UPDATE AND CLARIFICATION: We've pulled the court documents on this case and spoke with police. While the original press release states Ames was arrested on a weapons charge and has this reference to the SAFE Act, the SAFE Act is entirely irrelevant to the case. The weapons charge comes from allegedly possessing a weapon with the intent to use it to cause death or injury. Ames allegedly threatened to fire his rifle through the floor of an apartment if his neighbor didn't come up, and kill him. That allegation is the basis of the solicitation, menacing and coercion charges. Ames reportedly possessed a Stag Arms 5.56-MM rifle, and though he claimed to have a 12-round magazine, there was no SAFE Act violation found.

Ryan M. Warner, 38, of South Main Street, Batavia, is charged with petit larceny. Warner allegedly stole several boxes of Crest White Strips from the CVS on West Main Street. Warner was jailed on $2,000 bail or $4,000 bond.

Jacqueline Raj Garrett, 36, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to complete community service. Garrett was sentenced for aggravated unlicensed operation, 3rd. Garrett was jailed on $100,000 bail.

Hector L. Gomez, 19, of Batavia Stafford Townline Road, Batavia, is charged with obstructed view, criminal possession of marijuana, 4th, and two counts of criminal use of drug paraphernalia, 2nd. During a traffic stop on Liberty Street, Batavia, officers reported detecting the odor of marijuana coming from the vehicle. The stop was at 4:43 p.m. Thursday by Officer Chad Richards. Gomez allegedly had marijuana in several different containers in the vehicle.

Jerell J. Jones Sr., 27, of Watson Street, Batavia, is charged with criminal possession of a weapon, 3rd. Jones is accused of using a knife during an altercation at 1:15 a.m. Oct. 11 at a location on East Main Street, Batavia. Jones was jailed on $5,000 bail.

Lamar I. Randall, 30, of South Lyon Street, Batavia, is charged with false personation, aggravated unlicensed operation, 2nd, driving without ignition interlock, unlicensed operator, failure to stop at stop sign. Randall was stopped at 1:47 a.m. Saturday on Garfield Avenue, Batavia, by Officer Matthew Wojtaszczyk. Randall was jailed on $1,500 bail.

Eric John Polle, 45, of Meadow Farms South, North Chili, is charged with endangering the welfare of a child and harassment, 2nd. Polle was allegedly involved in an incident where he physically harassed another male at a location on Maple Avenue, Oakfield, at 4:18 p.m. on Jan. 27. Children were allegedly present at the time. He was jailed on $500 bail or $1,000 bond.

Douglas James Hanley, 25, of Batavia Stafford Townline Road, Batavia, was arrested on a warrant for alleged failure to pay fine. Hanley was released under supervision of Genesee Justice.

February 2, 2016 - 5:18pm
posted by Billie Owens in Le Roy, crime.

Press release:

The Le Roy Police Department is again urging residents to lock their vehicles. The Le Roy Police Department received multiple complaints that unlocked cars were again entered overnight and items stolen from within. The thefts occurred in the North Street, South Street, Church Street, Erie Street and St. Marks Street area.

The Le Roy Police is asking any resident who saw anything suspicious or who witnessed these acts to contact the Le Roy Police Department at 345-6350.

February 2, 2016 - 3:58pm
posted by Billie Owens in batavia, crime.

Press release:

The Batavia Police Department has received several complaints of cars being entered and items taken. While the Batavia Police Department remains diligent with our best efforts to prevent these types of incidents, we would like to remind our citizens and visitors to the community, to lock your vehicles when you leave them unattended.

Also, remember not to store valuable items in your vehicle and not to leave items in plain view in your vehicle. If you see something suspicious, please, immediately call the Batavia Police Department at (585) 345-6350 or if it’s an emergency dial 9-1-1.

Any further questions please contact PO Lawrence.

Batavia Police Department:
Dispatch – (585) 345-6350
Confidential Tip Line – (585) 345-6370
Report Suspicious Activity -- http://www.batavianewyork.com/police-department/webforms/report- suspicious-drug-or-criminal-activity

February 2, 2016 - 3:06pm
posted by Billie Owens in crime, batavia, Le Roy.

Thomas H. Hofer, 54, of West Main Street, Batavia, and Heidi A. Pahl, 42, of French Road, Bennington, were charged following a traffic stop at 3:23 p.m. on Main Street in the Village of Attica on Jan. 29. Hofer is charged with expired inspection sticker, aggravated unlicensed operation, 2nd, and unlawful possession of marijuana. An investigation revealed Hofer has allegedly had a suspended and revoked license since 1993. Pahl, his passenger at the time and also the registered owner of the vehicle Hofer was driving, is charged with facilitating aggravated unlicensed operation, 2nd, an unclassified misdemeanor. Pahl was charged for allegedly knowlingly allowing Hofer to operate her vehicle with a revoked license. She was released on an appearance ticket to appear in Attica Village Court at a later date. Hofer is being held in Genesee County Jail on a warrant for allegedly violating parole. The incident was investigated by Attica PD officers James Prusak Jr. and Brian Marsceill.

Robert M. Price, 31, of Pearl Street Road, Batavia, was arrested by the Le Roy Police Department on Jan. 26 and charged with DWI, DWI while having a BAC of .08 percent or more, no/Improper turn signal, failure to keep right and criminal possession of a weapon in the third degree. Price was arrested following a traffic stop on George Street for using an improper turn signal and failing to keep right when he was traveling on the wrong side of the street. After a brief investigation Price was allegedly found to be intoxicated and allegedly in possession of a pair of brass knuckles. Price was arraigned in the Town of Le Roy Court by the Justice Daryl Sehm. Price was released under the supervision of Genesee County Justice, and released to the custody of a friend. Price is to return back to court at 1 p.m. on Feb. 18.

Brant Matthews, 21, of Maple Avenue, Le Roy, and Brandon Scheck, 21, of Countess Drive, Henrietta, were arrested on Jan. 30 by the Le Roy Police Department and charged with unlawful possession of marijuana, a violation. The Le Roy Police Department was investigating a suspicious vehicle parked in the parking lot of 110 Munson St. The vehicle was occupied by Matthews and Scheck who were allegedly found in possession of marijuana. Both subjects were issued an appearance ticket and are scheduled to appear in the Le Roy Town Court on Feb. 22 to answer to the charge.

February 1, 2016 - 7:08pm
posted by Howard B. Owens in hell's angels, batavia, crime.

A 57-year-old Batavia man has entered a guilty plea in U.S. District Court to a drug distribution charge stemming from an investigation going back years and involving multiple individuals from Genesee County and Rochester who authorities say are associated with the Hells Angels.

Gordon L. Montgomery entered a guilty plea to conspiracy to distribute, and possess with intent to distribute, 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a fine of $2,000,000, or both.

Authorities contend that Montgomery agreed to fly to California and obtain methamphetamine from a Hell's Angels leader in Monterey at the behest of James H. McAuley and his wife, Donna Boon, both Genesee County residents at the time. He reportedly made two trips in 2007 paid for by McAuley and Boon, returning to WNY with 500 grams and 1.5 kilograms of methamphetamine on the two trips.

The names of McAuley and Boon have come up in several local criminal investigations going back to 2010, when Boon was arrested as part of a multi-agency, months-long investigation into the sale of meth in Genesee County. As a result of that investigation, Donald G. Vanelli II, of Le Roy, was sentenced to 17 years in federal prison.

Boon's name has come up in connection with other investigations since then and McAuley was allegedly involved in events in Rochester that led to racketeering changes against him and several associates. That indictment charges McAuley and reputed Rochester Hell's Angels member Robert W. Moran Jr., along with Gina Tata, both of Rochester, with assault with a dangerous weapon in aid of racketeering activity; and McAuley, Moran and Tata are charged with conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. In addition, Tata is charged with being an accessory after the fact to the assault and conspiracy. 

Another defendant, Timothy M. Stone, of Gates, was convicted of being an accessory after the fact to the assault and conspiracy on July 6. He is scheduled to be sentenced by Judge Siragusa on Friday (Feb. 5).

February 1, 2016 - 11:16am
posted by Howard B. Owens in crime, batavia, Le Roy, corfu, Darien.

Warren R. Skye Jr., 62, of South Swan Street, Batavia, is charged with DWI, refusal of breath test, open container, reckless driving and leaving the scene of a property damage accident. Skye is accused of driving drunk at the time his vehicle struck a parked tow truck on South Swan Street, Batavia at 11:03 p.m. Jan. 20. Skye allegedly fled the scene of the accident and once located and taken into custody, refused to take a breath test. He reportedly urinated in the holding room at Batavia PD. (Prior Report)

Randy G. Leach, 29, of Torrey Road, Stafford, and Isaiah J. Munroe, 25, of Buell Street, Batavia, were charged with unlawful possession of marijuana. Leach and Munroe were arrested following a traffic stop by Le Roy PD on Lake Street at Bacon Street.

Sara A. Howard, 21, of Bergen, is charged with grand larceny, 4th, and petit larceny and Alexander E. Fostano, 28, of Batavia, is charged with grand larceny, 4th. Howard allegedly stole a Sony Play Station valued at $300 after gaining entry to a family member's home on Jan. 8. Howard and Fostano allegedly gained entry to another family's home Thursday and stole a .50-caliber CVA muzzleloader and a 12-gauge Mossberg Maverick valued at $700. They were jailed on $10,000 bail each.

Nateeka M. Gibson, 26, is charged with petit larceny. Gibson allegedly removed a Mongoose bicycle from a shelf at Kmart and then attempted to return the item at customer service. When that didn't work, she allegedly left the store with the bicycle, valued at $199.99.

Ward E. Royse, 40, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Royse turned himself in.

Adante L. Davis, 26, of South Main Street, Batavia, is charged with endangering the welfare of a child. Davis was allegedly involved in a fight while in the presence of a child less than 17 years old. He was jailed on $2,500 bail.

Danny D. Williams, 27, of Pearl Street, Batavia, is charged with petit larceny. Williams allegedly stole a bottle of wine from a liquor store in East Main Street, Batavia.

Lori A. Brightenfield, 56, of Maple Street, Batavia, was arrested on a warrant. She was ordered held without bail.

Timothy A. Banks, 24, of Columbia Avenue, Batavia, was arrested on a warrant for alleged failure to appear. Banks allegedly failed to obey conditions of his release under supervision of Genesee Justice. Banks was located and arrested following a panhandling complaint at McDonald's in Eastown Plaza. He was jailed on $500 bail.

Tyanna D. Green, 20, of Pearl Street, Batavia, was arrested on a warrant for failure to comply with sentencing stemming from a conviction for criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. 

Ryan A. Funke, 22, of Vine Street, Batavia, is charged with unlawful possession of marijuana and stop lamp equipment violation. Funke was stopped at 7:44 p.m. Saturday on North Street, Batavia, by Officer Matthew Wojtaszczyk.

David James Staba, 47, of Tinkham Road, Darien, is charged with felony DWI, felony driving with a BAC of .08 or greater and inadequate headlight. Staba was stopped at 7:24 p.m. Sunday on Attica Road, Darien, by Deputy Richard Schildwaster.

Nathan Everett Hinze, 22, of Ellicott Avenue, Batavia, is charged with DWI, aggravated unlicensed operation, unlicensed operator, refusal to take breath test and following too closely. Hinze was stopped at 11:30 p.m. Saturday on Law Street, Batavia, by Deputy Kevin Forsyth, following a citizen complaint of an erratic driver on Route 98, Alexander. He was jailed on $250 bail.

Katrina Marie Douglas, 26, of West Ridge Road, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and driving by an unlicensed driver. Douglas was arrested after Deputy Ryan Young stopped to check on a disabled vehicle at 11:15 a.m. Thursday on Lockport Road, Oakfield.

Lorin Alexandra Volk, 21, of Livingston Street, Warsaw, is charged with petit larceny. Volk allegedly stole from Kmart.

Nathan Samuel Love, 22, of Montclair Avenue, Batavia, is charged with petit larceny. Love allegedly attempted to steal a vacuum cleaner from Kmart. Upon further investigation, he was identified as the suspect in a vacuum cleaner theft Jan. 12.

John Ronald Laude, 23, of Main Road, Akron, is charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. Laude was allegedly found in possession of heroin while being processed for an arrest at the Genesee County Jail. He was arrested at 12:58 p.m. Thursday by Deputy Ryan Young and charged with driving while ability impaired by drugs and criminal possession of a controlled substance, 7th. He was allegedly found in possession of heroin following a report of a disturbance at Walmart. Also arrested following the investigation into the alleged disturbance was Christopher Brian Smith, 24, of Pearl Street Road, Corfu, who was charged with criminal possession of a controlled substance, 7th.

January 29, 2016 - 12:01pm
posted by Howard B. Owens in crime, Le Roy.

Le Roy PD reports a series of thefts from unlocked vehicles during the night and early morning hours in the area of Munson and Gilbert streets. The pattern began about Dec. 15 and has continued. Multiple cars have been entered and items stolen. Le Roy PD reminds people to lock their vehicles and call 9-1-1 immediately if a suspicious person is seen.

Andrea Harrington, 22, of Pleasant Street, Le Roy, is charged with endangering the welfare of a child. Harrington was by a Le Roy police officer allegedly walking with an unsteady gate and apparently intoxicated at 4:44 p.m. Jan. 25 on Bacon Street while carrying a 2-year-old child.

January 28, 2016 - 7:58am
posted by Howard B. Owens in crime, batavia.

Kelly M. Howell, 30, of Otis Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Howell allegedly sold a quantity of Vyvanse (lisdexamfetamine dimesylate, which is used to treat ADHD and binge-eating disorder) to an agent of the Local Drug Task Force while in the City of Batavia. Howell turned herself in to task force officers Tuesday. She was jailed on $2,500 bail.

Lena M. Evans, 28, of Vine Street, Batavia, is charged with two counts of criminal possession of controlled substance, 7th, and one count of criminal possession of a hypodermic instrument. Evans was located Monday on Jackson Street, Batavia, by officers of the Task Force, and allegedly found in possession of alprazolam, burprenorphine HCL pills and hypodermic needles. Evans was issued an appearance ticket and released.

January 27, 2016 - 1:22pm
posted by Billie Owens in crime, batavia, Darien, Le Roy, alexander.

Philip R. Ayala is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on July 9 in the City of Batavia that Ayala knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, the defendant is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug and these preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more.

Robert B. Hansen III is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between Feb. 15, 2013, and June 16, 2014, in the Town of Darien Hansen stole property with a value exceeding $3,000. He is accused of stealing $38,353.56 in U.S. currency. In count two, he is accused of committing the crime of second-degree forgery, also a Class D felony, on Feb. 6, 2014, in the City of Batavia, with the intent to defraud, deceive or injure another, by falsely making, completing or altering a written instrument which was to become public record or legally authorized.

Justin G. Parsons is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Nov. 19 in the Town of Alexander that Parsons drove a 2011 Chevrolet pickup on Route 20 and/or Brookville Road while in an intoxicated condition. In count two, the defendant is accused of the crime of aggravated driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time.

Jose Sanabria-Lozada is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Oct. 2 in the Village of Le Roy that Sanabria-Lozada drove a 2000 Ford pickup truck while in an intoxicated condition. In count two, the defendant is accused of driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

January 27, 2016 - 9:48am
posted by Billie Owens in crime, batavia.

brookaveincjan272016.jpg

A person allegedly poured gasoline on a vehicle at 22 Brooklyn Ave. and allegedly caused other damage has a gun. City police are responding and Mercy medics are told to stage in the area.

UPDATE 10:29 a.m.: "Right now we're in the real early stages of investigating a call that came in (about) 10 o'clock this morning that someone poured gasoline on a vehicle and had a gun. We came down here and set up a perimeter," said Det. Richard Schauf. "No one we've talked to has seen a gun. ... We immediately called the school and told them not to let anyone leave. We cleared the house and separated the parties involved. We had the fire department and medics on standby." A K-9 officer happened to be in the area at the time of the call and responded, although he was not specifically requested. Schauf said there was evidence that gasoline was poured on a vehicle and the fire department cleaned it up. The detective said a total of four people are being interviewed about this incident. No one was injured. No one is currently under arrest, although he didn't rule out the possibility of someone being charged. He said they cleared the house and went in thinking there might be weapons; there were none. Dogs inside were contained by a resident. As to the purported gun, it seems to be a case of someone heard someone say someone had a gun but nothing more than that. The motivation for pouring gas on the vehicle has not yet been determined.

UPDATE 1:48 p.m.: City police just issued a press release about this morning's incident at 22 Brooklyn Ave. Two people have been charged in the case. Thomas A. Culver, 37, who lives at that address, is charged with two counts of second-degree menacing, and one count of second-degree reckless endangerment. Raquel D. Duval, 27, no address provided, of Rochester, is charged with one count of second-degree criminal trespass. The details: "The police dispatch was notified via 9-1-1 by a female occupant of 22 Brooklyn Ave. that there was a female at the residence who did not belong there and was refusing to leave. The female refusing to leave was later learned to be Raquel Duval. Information continued to be received as police were being dispatched that Thomas Culver, a resident of 22 Brooklyn Ave., was pouring gasoline on what was later learned to be Duval’s vehicle, which was parked in the road in front of the house. Reports were that Culver was threatening to light the car on fire. As Police units arrived more information was relayed from police dispatch that Culver may be in possession of a gun. The Batavia Police with the assistance of the Genesee County Sheriff’s Office and NYS Troopers coordinated a perimeter around 22 Brooklyn Ave.. The Business Agri Child Development Center located near the scene was placed into a lock down condition. City of Batavia Fire Dept. and Mercy Medics were placed on standby and staged in the area. Police contact was made with an occupant of 22 Brooklyn who followed police directions to have persons in the house leave one at a time and be secured to determine the facts of the incident. The house was then checked for any unknown persons or weapons. As a result of the investigation it was determined that, Duval and Culver had an outstanding financial situation which Duval was attempting to resolve when Culver did display what appeared to be a handgun, which later turned out to be a BB gun that replicated an actual gun, he then proceeded to pour what appeared to be a flammable liquid on her car and threatened to burn her and the car when she would not leave the house."

brookaveincjan272016-2.jpg

brookaveincjan272016-3.jpg

January 27, 2016 - 7:57am
posted by Howard B. Owens in crime, batavia.

A caller on East Main Street, Batavia, reports hearing a noise this morning and when he went outside some time later, he found a brick and a broken window on his house and a broken window on a vehicle.

Police are responding to take a report.

January 27, 2016 - 7:23am
posted by Howard B. Owens in crime, batavia.

Rachel C. Marks, 25, of Heritage Street, Albion, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Marks was allegedly observed by Officer Matthew Wojtaszczyk at 1:37 a.m. Jan. 23 on West Main Street, Batavia, backing into another vehicle and striking it.

Derek Ernest Dingman, 28, of Porter Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, drinking alcohol in a motor vehicle on a highway. Porter was stopped at 1:17 p.m. Tuesday on West Main Street, Batavia, by Deputy Joseph Corona.

Shentelle Christine Gagnon, 25, of East Avenue, Brockport, is charged with promoting prison contraband, 1st, criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. Gagnon is accused of bringing drugs and drug paraphernalia into the Genesee County Jail.

Gregory A. Emerson, 33, of Park Road, Batavia, was arrested on a warrant for alleged failure to comply with instructions of Genesee Justice, failure to appear and failure to pay fine. The charges stem from a DWI conviction in 2014. Emerson was released on his own recognizance.

Roseann Cooper, 46, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear and failure to pay a fine. Cooper was originally convicted of petit larceny. She was released on her own recognizance.

Matthew R. Hinze, 25, of Ellicott Avenue, Batavia, is charged with unlawful possession of marijuana and uninspected motor vehicle. Hinze was stopped for an alleged uninspected vehicle violation at 10:40 a.m. Tuesday on Court Street, Batavia, by Officer James DeFreze, who reported seeing drug paraphernalia in the vehicle and subsequently found a quantity of marijuana on the person of Hinze.

January 26, 2016 - 12:36pm
posted by Howard B. Owens in crime, batavia, Le Roy.
mug_wentworth_noel2016.jpg
    Noel Wentworth

A 46-year-old Pringle Avenue resident has been arrested by Le Roy PD, accused of stealing five checks from an acquaintance, forging her name and cashing them at a local bank.

Noel M. Wentworth is charged with five counts of criminal possession of a forged instrument, 2nd, one court of criminal possession of stolen property, 4th, and two counts of petit larceny. 

Wentworth allegedly took the checks in June while staying with the acquaintance.

In July, Wentworth alleged possessed a credit card belonging to the same person and used the card to withdraw money from the bank.

The petit larceny charges stem from the cash Wentworth allegedly received from the bank.

Following arraignment, Wentworth was released under supervision of Genesee Justice.

January 26, 2016 - 6:22am
posted by Howard B. Owens in crime, Alabama.

Ashly Marie Majchrzak, 26, of Pittsford Street, Rochester, is charged with possession or transport for sale of untaxed cigarettes, unlawful possession of marijuana and no seatbelt. Majchrzak was stopped at 11:28 a.m. Monday on Route 77, Alabama, by Deputy Joseph Corona for allegedly not wearing a seatbelt. She was allegedly found in possesion of 1,400 untaxed cigarettes and a quantity of marijuana.

January 25, 2016 - 3:15pm
posted by Howard B. Owens in crime, pembroke, corfu, scott doll.
   File Photo: Scott Doll

The attorney handling the murder conviction appeal of Scott F. Doll is asking for a hearing on why a Monroe County medical examiner testified during Doll's trial that fingernail clippings were taken and retained from the victim, Joseph Benaquist, when they were not.

Timothy Murphy argued his motion today in Superior Court, but presiding judge Michael F. Pieturszka was full of skeptical questions. 

Repeatedly, in various ways, Pieturszka asked Murphy what would be gained by a hearing when it's already known that the evidence doesn't exist. A hearing isn't going to suddenly produce the evidence, the judge noted.

Murphy argued that is presumably in the best interest of the court to find out why the trial judge -- Robert C. Noonan -- was misled about the existence of the fingernail clippings. Murphy also repeatedly stated that he didn't blame the DA's Office for the missing evidence, but he thinks the ME's Office should explain the now clearly false testimony that the evidence was collected.

At the time of trial, neither the DA nor the defense, led by Paul Cambria, requested DNA evidence from the fingernail clippings. The lack of the evidence was only discovered after Judge Robert C. Noonan, now retired, ordered the Monroe County ME's Office produce it.

Scott LaPoint, a deputy ME, testified in Doll's trial that the evidence is routinely collected and that it was collected in this instance.

Pieturszka asked what the pratical result of a hearing might be since a hearing wouldn't make evidence appear that didn't exist.

"The court is entitled to know why an order was not enforced and fully enforced," Murphy said, arguing that it was in the best interest of the court to find out why false testimony was given and why the ME's Office wasn't able to satisfactorily produce evidence Noonan ordered produced.

The fact that there may have been a third person's DNA at the scene of the crime, on Benaquist's left boot, made the inquiry all the more important, Murphy asserted, but Pieturszka asked whether even that fact was relevant without any idea of how the DNA came to be introduced into the crime scene.

It's an incomplete DNA sample, so a third person cannot be identified with it. There's no indication that, if there was a third person present, it was at the time Benaquist was killed, or if it was on Benaquist's boot prior to the attack, or if it accidently came from an investigator after the fact.

ADA Will Zickl argued that even if Murphy's request had merit, it wasn't related to the motion presently before the court. Zickl said Murphy could bring a new motion to uncover the information he seeks, but the fact that the evidence doesn't exist and can't be produced ends the original motion that prompted the discovery of the mistake.

Murphy also wants hair samples from Benaquist subjected to DNA testing to see if any third-party DNA might be found. But Zickl argued that it was such a bloody crime scene and the hair was covered so thoroughly with Benaquist's blood, there is nothing to be gained by another round of tests.

"The pulled hair samples are not worth the trouble it would take the lab to test it in light of the circumstances," Zickl said.

Pieturszka is reserving his decision until a later date. He gave Murphy two weeks to file a memo supporting his position, and Zickl two weeks after that to produce an answering memo.

Previously: DNA sample can't be matched to 2009 murder victim, nor the man convicted of killing him

Forl all previous coverage of the Scott Doll case, click here.

January 25, 2016 - 6:37am
posted by Howard B. Owens in crime, batavia, Le Roy, pembroke, bergen.

Philip Michael Molina Sr., 30, of Slade Road, Medina, is charged with criminal possession of a weapon, 3rd, and aggravated unlicensed operation of motor vehicle, 2nd. Molina was arrested following an investigation into a shoplifting complaint at Walmart involving a female companion. Molina was allegedly found in possession of metal knuckles and driving on a suspended driver's license. He was jailed on $15,000 bail or $30,000 bond.

Thomas C. Williamee, 45, of Clay St, Le Roy, is charged with petit larceny. Williamee is accused of shoplifting from Tops Market in Le Roy. He allegedly stole $8.11 in merchandise.

William A. Andrews III, 36, no permanent address, Batavia, was arrested on a warrant for alleged aggravated criminal contempt. Andrews allegedly violated a complete stay away order of protection. He is accused of punching the protected party in the face at 1:55 a.m. Aug. 23 while on West Main Street, Batavia.  Andrews charged with another count of aggravated criminal contempt for allegedly being with the protected party at the time of his arrest at 11:23 a.m. Friday. He was jailed on $10,000 bail.

Justin T. Pahl, 31, of Perry Road, Le Roy, is charged with endangering the welfare of a child. Pahl allegedly punched out a window during an incident reported at 8:30 a.m. Friday at a location on Thomas Avenue, Batavia, causing shards of glass to scatter in a room where there were two children, ages 2 and 6.

Amanda R. McDonald, 34, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to pay restitution stemming from a December 2013 incident. McDonald was arraigned and released on her own recognizance with the balance due on her restitution by her next court appearance, March 24.

J'Shon K. Naegely, 19, of Montclair Avenue, Batavia, is charged with criminal possession of stolen property, 5th. Naegely is accused of possessing and selling a video game console and video games that did not belong to him.

Allison Josephine Minnick, 22, of Maple Ridge Road, Medina, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, speed not reasonable and prudent. Minnick was arrested following an investigation by Deputy Chad Cummings into a motor-vehicle accident reported at 5:16 a.m. Saturday on Route 262, Byron.

A 17-year-old resident of Judge Road, Alabama, is charged with aggravated harassment, 2nd. The teen allegedly sent threatening text messages to a female victim causing annoyance and alarm. 

Cheryl A. Baker, 32, of Rochester, is charged with forgery, 2nd, falsifying business records, offering for file a false instrument, criminal impersonation, 2nd, and driving on a suspended registration. Baker was arrested by State Police for alleged criminal activity in the Town of Pembroke. She was jailed on $15,000 bail. No further information available at this time.

Matthew D. Chojnacki, 80, of Akron, is charged with DWI. Chojnacki was stopped at 1:23 p.m. Friday on Route 33, Bergen, by State Police.

January 22, 2016 - 7:10am
posted by Howard B. Owens in crime, batavia, pembroke.
mug_roth_terry2016.jpg mug_hamill_michelle2016.jpg
     Terry Roth      Michelle Hamill

Terry M. Roth, 40, and Michelle Hamill, 48, both of Batavia, are charged with third-degree grand larceny. Roth is also charged with second-degree forgery. Hamill is accused of stealing a credit card from the wallet of an elderly victim who was under her care as a healthcare aide in the victim's residence. The victim is presently under 24-hour care. Roth, accompanied by Hamill, allegedly made $23,000 in unauthorized purchases in Genesee, Erie and Monroe counties. These alleged purchases were documented through surveillance video at the stores, according to State Police. Roth was jailed on $25,000 bail. Hamill was released under supervision of Genesee Justice.

Kyle Robert Ratulowski, 19, of Elenore Place, Batavia, is charged with petit larceny. Ratulowski is accused of shoplifting from Walmart.

Nicole Marie Capretto, 32, of Lewiston Road, Batavia, is charged with petit larceny. Capretto is accused of stealing $100 from the cash register of the Pembroke Arrow Mart along with a 12-pack of Bud Light beer.

Alissa Marie Eastridge, 18, of Summit Street, Batavia, is charged with petit larceny. Eastridge is accused of shoplifting from Walmart.

Ryan James Sundown, 35, of Meadville Road, Alabama, is charged with criminal mischief, 4th, criminal obstruction of breathing, endangering the welfare of a child, and resisting arrest. Sundown allegedly choked the victim, threw her phone to prevent her from calling for emergency assistance and attempted to leave the scene in his truck, striking another vehicle with his son in the backseat. Sundown was allegedly intoxicated.

January 21, 2016 - 10:22am
posted by Howard B. Owens in crime, batavia, Oakfield, Le Roy.

Josiah C. Yantz, 16, of North Main Street, Oakfield, is charged with third-degree rape. Yantz is accused of non-consensual sexual intercourse with a 14-year-old girl on two separate occasions. Yantz was arraigned and released under supervision of Genesee Justice.

Gregory P. Hamm-Johnson, 25, of Brookville Road, Alexander, is charged with felony driving while impaired by drugs, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, aggravated unlicensed operation, 3rd, uninspected motor vehicle, broken windshield and no driver headlamp. Hamm-Johnson was stopped at 4:12 p.m. Jan. 15 on Water Street, Village of Attica, by Officers James Prusak Jr. and Brian Marsceill. Hamm-Johnson was jailed on $2,500 bail or $5,000 bond.

Tonya Houseknecht, 33, of East Yates Center Road, Lyndonville, is charged with two counts of criminal sale of a controlled substance, 5th, and one count of criminal possession of a controlled substance, 5th. Houseknecht allegedly sold a quantity of lisedexamfetamine dimesylate to an agent of the Local Drug Task Force on two separate occasions. 

Christina M. Sakran, 32, of Kenilworth Terrace, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, ticket. Sakran was turned over to Batavia PD by the Orleans County Sheriff's Office. She was released on $300 police bail.

Gregory S. Yark, 51, no permanent address, Rochester, was arrested on a warrant for alleged failure to appear on a criminal possession of stolen property, 5th, charge. Yark was released on his own recognizance. He also faces charges of criminal possession of a hypodermic instrument and criminal use of drug paraphernalia.

Michael P. Murphy, 31, of State Street, Batavia, was arrested on a warrant for alleged failure to pay a fine on an overnight parking ticket. Murphy posted cash bail and was released.

Jeffrey M. Anauo, 28, of Main Street, Alexander, is charged with DWI, driving with a BAC of .08 or greater, three counts of driving drunk with a child in the car, aggravated unlicensed operation and following too closely. Anauo was reportedly involved in a motor-vehicle accident at 8:05 p.m. Sunday on Walnut Street, Batavia. Anauo was jailed without bail. The accident was investigated by officers Christopher Lindsay and Stephen Cronmiller.

Darryl Robinson, 52, of East Main Street, Batavia, is charged with harassment, 2nd. Robinson allegedly punched another person.

Eric M. Smith, 30, of Ross Street, Batavia, is charged with unauthorized use of a vehicle and petit larceny. Smith was arrested on a pair of warrants. Smith was jailed on an unspecified bail.

Jessica Lauren Ford, 24, of Perry Road, Le Roy, is charged with criminal contempt, 1st, a felony. During a traffic stop, Ford was allegedly found with a person in the car she was barred from contact with by court order. She was jailed on $5,000 bail.

January 21, 2016 - 9:32am
posted by Howard B. Owens in crime, batavia.

The owner of a former vapor shop in Batavia was sentenced in Federal Court yesterday to two years probation and six months home detention for selling counterfeit goods at his store.

Scott Scaccia, 34, of Rochester, owned A Plus Vapes & Deals on Ellicott Street until it was raided by federal authorities in April.

Investigators found that Scaccia was selling counterfeit tobacco vaporizers that were manufactured and distributed from China. Authorities said Scaccia obtained the merchandise from his brother in California and through a Chinese Web site.

Authorities seized 90 counterfeit vaporizers.

Photo: File photo.

January 19, 2016 - 11:30am
posted by Howard B. Owens in crime, Alabama, batavia, Stafford, Le Roy.
mug_crosson_ingrid_2016_0.jpg
Ingrid Crosson

Ingrid E. Crosson, 43, of South Wales, is charged with burglary, 2nd. Crosson is accused of entering a residence in Stafford and stealing a laptop, German air pistol, small pocketknife, three jars of coins, and a pillow case valued at more than $600. Crosson was identified through a note she left at the scene. Following arraignment in Town of Batavia Court, Crosson was released on her own recognizance.

Michele Anne Stamp, 51, of North Street, Batavia, is charged with DWI, driving with a BAC of .18 or more, speed not reasonable and prudent, and moving from lane unsafely. Stamp was involved in a motor-vehicle accident at 7:03 p.m. Sunday on Lewiston Road, Alabama. She was transported to the Genesee County Jail where she submitted to a chemical test. She allegedly tested for a BAC of .21. She was arrested by Deputy Andrew Hale.

Nicholas S. Gillett, 25, of Italy Valley Road, Middlesex, is charged with criminal possession of a weapon, 4th. Gillett was arrested as the result of an investigation in the Town of Bergen. He was allegedly found in possession of a rifle in violation of probation as a result of a felony conviction.

Andrew K. Wright, 25, of Main Street, Batavia, is charged with harassment, 2nd. Wright allegedly pushed a woman and struck her several times with a broom during an argument. He was jailed on $500 bail.

Timothy C. Pabone, 42, of Oak Street, Batavia, is charged with criminal possession of a weapon, 3rd, menacing, 2nd and DWI. Pabone was reportedly involved in an argument at 12:38 p.m. Saturday at 220 W. Main St., Batavia, over where a vehicle was parked. Pabone allegedly brandished a knife and threatened another person. He then allegedly tried to flee the scene in a vehicle, driving through a back yard and over the parkway. He was also charged with unlicensed operator, aggravated unlicensed operation, 2nd, failure to stop at stop sign, failure to keep right, unregistered motor vehicle, driving without insurance, switched plates, and improper registration sticker. Pabone was jailed without bail.

Nicholas Allen Clark, 26, of Hutchins Street, Batavia, is charged with possession of hypodermic instrument. Clark was arrested following a complaint at 2:04 p.m. Saturday of a person injecting himself while driving a vehicle on Liberty Street.

Shawna M. Pursel, 38, of Oak Street, Batavia, is charged with criminally using drug paraphernalia, 2nd. Pursel was allegedly found in possession of a glass pipe commonly used for smoking crack cocaine.

Joseph W. Gottstine, 26, of Beaver Meadow Road, of Java Center, was arrested on a warrant for alleged failure to appear on a traffic violation.

Raymond L. Morgan, 44, of State Route 31, Lyons, is charged with criminal possession of a controlled substance. Morgan was arrested on a warrant. He is currently incarcerated in Wayne County on an unrelated charge.

Victor D. Guy, 29, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic violation.

Cheryl M. Lyons, 50, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. She was released under supervision of Genesee Justice.

Cheryl A. Kowalik, 55, of Alexander Road, Batavia, was arrested on a warrant stemming from a charge of issuing a bad check.

Samuel Anthony Nigro, 64, of Ellicott Street, Batavia, is charged with criminal possession of a weapon, 3rd. Nigro was allegedly found in possession of a billy club during a home visit by a probation officer. Nigro has a prior felony conviction. He was jailed without bail pending review by Superior Court. Upon review, he was released under supervision of the Probation Department.

Melissa M. Lesage, 36, of Lake Street, Le Roy, was arrested on a warrant for alleged failure to appear on a traffic citation. She was released on $500 bail.

Terry E. Smith, 38, of West Main Street, Batavia, is charged with side window tint, no plate lamp, unlawful possession of marijuana, criminal possession of a controlled substance, and aggravated unlicensed operation, 3rd. Smith was stopped at 2:04 a.m. Jan. 10 on McKinley Avenue by Officer Matthew Wojtaszczyk.

Samantha L. Tate, 23, of East Main Street, Batavia, is charged with petit larceny and conspiracy, 6th. Tate was arrested on a warrant stemming from an alleged shoplifting incident at 415 E. Main St., Batavia.

Joey A. Evans, 25, of Maple Street, Batavia, was arrested on a warrant for allegedly violating released under supervision conditions. Evans allegedly failed to appear for required meetings. He was jailed on $1,000 bail.

Loretta L. Baer, 44, of School Street, Batavia, is charged with resisting arrest and obstructing governmental administration, 2nd. Baer was jailed on $1,000 bail.

Frank J. Yanik, 39, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at stop sign. Yanik was stopped at 1:21 a.m. Saturday on Liberty Street by Officer Peter Flanagan.

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