crime

Robert J. Probst, 30, of 301 Oak St., Batavia, is charged with coercion, 2nd, and obstructing government administration, 2nd. Probst was reportedly involved in a domestic incident at Days Inn at 4:48 p.m., Wednesday. During the incident, a victim reportedly locked him or herself in a car. Probst allegedly displayed a knife and threatened to damage the car if it was not unlocked. When police responded, Probst allegedly fled on foot and was caught minutes later (perhaps in the area of Bob Evans restaurant). Probst was jailed on $2,500 bail.

Joshua A. Harris, 21, is charged with criminal contempt, 2nd. Harris was allegedly on the property of a protected person. Police located Harris a short distance away and took him into custody. Harris was also wanted on a warrant out of Batavia City Court for a previous alleged incident of criminal contempt. He was jailed on $1,500 bail.

A logger working in Genesee County is accused of accepting payment for a load of firewood but never delivering it to a Bergen-based firewood processor.

David Henry Isabell, 42, of Liverpool, was charged with grand larceny, 3rd, and jailed on $5,000 bail.

Isabell allegedly accepted $6,200 in payment on Aug. 10 for 10 log loads of wood. The victim reportedly never received the loads.

The case was investigated by Deputy Chad Minuto and Deputy John Duyssen.

A 16-year-old from Oakfield is charged with harassment, 2nd, and aggravated harassment, 2nd. The youth is accused of sending threatening text messages to another student and then issuing a threat in-person to the other student.

Richard Dean McKague, 20, of Colorado Avenue, is charged with petit larceny. McKague is accused of attempting to leave Kmart with merchandise he did not purchase.

Janet L. Grossman, 43, of Clipnock Road, Stafford, is charged with unlawful possession of marijuana. The marijuana was allegedly found during a probation search of her home.

Last week the attorney for Justin Amend, who previously admitted to a sex act in Farrall Park, said the former Oakfield resident was too embarrassed by his notoriety to even walk into Tops Market.

Yesterday, he was apparently too embarrassed to even show up in city court.

Today, Amend is a wanted man. (Source: Buffalo News)

Amend reportedly failed to appear in court Wednesday and a warrant was issued for his arrest.

Last week, Judge Robert Balbick informed Amend that because the 29-year-old former Oakfield resident moved to Florida, the option of a no-jail sentence had been eliminated.

As part of a plea bargain, Amend pled guilty to public lewdness, a Class B misdemeanor, in exchange for a promise of no jail time.

But Florida is unlikely to accept supervision of a probation case, attorneys said, for a misdemeanor violation.

Balbick gave Amend's attorney, Tom Williams, a week to explore weekend jail options and make his own inquiries with Florida about probation.

A growing number of people in Genesee County have a message for Chemung County Judge Peter C. Buckley: Do right by Baby Andrew.

They already think Buckley has served justice poorly by not finding Andrew Cianfrini's killer -- his own stepmother, 24-year-old Melissa Engelhardt -- guilty of murder. Instead, Buckley found Engelhardt guilty of only manslaughter in a non-jury trial where Buckley was the sole fact-finder in the case.

More than 1,200 people have joined a Facebook group, Justice for Baby Andrew, and about 100 of them gathered Wednesday evening for a candlelight vigil at St. Joseph's Mausoleum, where Baby Andrew was laid to rest.

The vigil came on the one-year anniversary of Andrew's death and 26 days before Engelhardt is scheduled to be sentenced in Elmira.

"Today is a day to honor Andrew," said Kathy Dempski, a friend of Andrew's biological mother, Kristen. "But it's also a day to let the judge know about the injustice he gave to Andrew."

She later added, "She (Engelhardt) deserves to spend the rest of her life in prison. She doesn't deserve to walk out. She doesn't deserve anything."

Andrew's grandfather, John Cianfrini, pointed out that since Engelhardt was only convicted of manslaughter, the maximum penalty she faces is 25 years. She could receive as little as five years and then be eligible for parole after serving only two-thirds of that time. 

"You would have had to be there to appreciate what a devastating decision this was," Cianfrini said. "He (the judge) basically believed her story that she didn't intend to kill Andrew, only hurt him."

An expert toxicologist testified at trial that the 21-month-old toddler had twice the lethal amount of formic acid in his heart from the methanol in his system.

Methanol lowers the freezing point of water. It is a component of windshield-washer fluid.

Englehardt put the methanol in Andrew's sippy cup. Prior to poisoning Andrew, according to testimony, Englehardt did a computer search on how to poison a toddler.

John Cianfrini encouraged concerned residents to write letters to the probation department in Chemung County, which is in the midst of preparing a pre-sentence report that Buckley will review prior to imposing a sentence.

Englehardt is scheduled to be sentenced Dec. 6.

Two men who reportedly ran from Walmart yesterday afternoon allegedly carrying hundreds of dollars of stolen merchandise were quickly tracked down by law enforcement.

The first suspect was taken into custody in the Kmart parking lot by Batavia Police Officer Chris Camp, who spotted the second suspect running across Lewiston Road and in between the Town of Batavia Fire Hall and Baker's Frontier Kitchens.

Deputies Chad Minuto and Timothy Wescott jumped a fence behind Baker's and pursued the suspect down Colonial Boulevard.

A citizen was able to help locate the suspect after seeing him run into the back yard of a residence on Colonial.

Wescott suffered some minor cuts going over the fence, was checked at UMMC later, and is fine, according to Chief Deputy Gordon Dibble.

Taken into custody were Phillip William Czaja, 27, of Drake Street, Oakfield, and Jarell JT Jones, 22, of Lewis Place, Batavia. Both were charged with petit larceny.

Jones was also wanted on an arrest warrant out of Genesee County Family Court. Following an arraignment in front of Judge Adams, he was committed to Genesee County Jail for six months.

Jones allegedly stole $179.88 in merchandise from Walmart. Czaja was allegedly found in possession of $256.76 in stolen merchandise.

Czaja was jailed on $200 bail.

(initial report)

Douglas Grant Goodwin Jr., 19, of Bank Street, Batavia, is charged with criminal possession of a controlled substance, 7th, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Goodwin was stopped at 1:30 p.m., Monday, on Sheppard Road, Batavia, for allegedly pulling a trailer without registration or lights by Deputy Brian Thompson. During the stop, Goodwin was allegedly found in possession of marijuana, hydrocodone pills and a double-edged dagger. K-9 "Jay" participated in the investigation.

Gregory Louis Lepsch Jr., 18, of Batavia-Elba Townline Road, Batavia, is charged with unlawful possession of marijuana. Lepsch was apparently with Goodwin at the time of the traffic stop at 1:30 p.m., Monday, on Sheppard Road, by Deputy Brian Thompson and K-9 "Jay."

Thomas A. Rebar, 55, of Albion, is charged with unlawful possession of marijuana. Rebar was arrested at 1:10 p.m., Saturday, by State Police, on East Shelby Road, Alabama.

A 16-year-old from Bethany, is charged with menacing, 2nd, using a weapon. The youth was arrested by State Police at 9:15 a.m., Sunday, for an alleged incident in Alexander. No further details were released.

Joshua H. King, 25, of Batavia, is charged with grand larceny, 4th (credit card). King was arrested by State Police at 3:16 p.m., Nov. 5, for an alleged incident two days earlier in the Town of Murray. King was held without bail. No further details were released.

Walter L. Knickerbocker, 53, of Pavilion, is charged with possession of a loaded firearm in a motor vehicle, criminal possession of a controlled substance, 7t, and unlawful possession of marijuana. Knickerbocker was arrested by State Police at 9:36 p.m., Nov. 5, on Route 19, Le Roy. No further details were released.

Recent indictments from the Genesee County Grand Jury:

Donald F. Stillwagon II, is charged with assault, 2nd. Stillwagon is accused of assaulting a police officer with the intent of preventing him from performing his lawful duties. The alleged incident occurred on Sept. 29. (Initial Report)

Adam B. Thomas is charged with misdemeanor DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Thomas is accused of driving a 1998 Dodge on Prole Road in Stafford on June 13 while intoxicated.

Sath P. Dhanda is charged with two counts of criminal contempt, 1st. Dhanda is accused of physically attacking a woman for which there was an order of protection in place and putting her in fear for her life. The alleged incident occurred on Sept. 24.

James D. Henry is charged with attempted grand larceny, 3rd, and criminal possession of a forged instrument, 3rd. Henry is accused of attempting to steal something of greater value than  $3,000 on Sept. 28 in the Town of Le Roy. He is also accused of possessing forged prescriptions.

Jason A. Armstrong is charged with assault, 2nd, and criminal contempt, 2nd. Armstrong is accused of causing serious physical injury, with intent to do so, to another person in Stafford on June 27. Armstong is also accused of being in the presence of another person he was ordered by a court not to be around.

At about 3:40 p.m., dispatch received a report of two men in heavy coats supposedly weighted down with stolen merchandise were seen running for Kmart on Lewiston Road.

One man was quickly apprehended by Batavia Police in the Kmart parking lot.

The second man ran across Lewiston, past the Town of Batavia Fire Hall and onto Colonial Boulevard, where a citizen reportedly spotted him hiding in a back yard.

Sheriff's Deputies were then able to apprehend the suspect. 

More details as they become available.

Ronald A. Smith, 18, of 3189 Broadway Road, Alexander, is charged with criminal contempt, 2nd, and unlawful possession of marijuana. Smith is accused of violating a court order protecting a female acquaintance. During the investigation he was allegedly found in possession of marijuana. Smith was jailed on $1,000 bail.

Latoya Y. Stanley, 101 State St., Batavia, is charged with criminal trespass and criminal mischief, 4th. Stanley is accused of going to the apartment of another person and damaging the doorway.

Randy L. Sanfratello, 41, of 4016 W. Main St. Road, Batavia, is charged with harassment, 2nd. Sanfratello is accused of trying to fight another man at East Town Plaza on Oct. 20. He was arrested on a warrant out of Batavia City Court.

Nathan Lorel Smatana, 21, of Lincoln Place, Lockport, is charged with unlawful possession of marijuana. Smatana was arrested following the investigation into a motor-vehicle accident at 5:12 p.m., Friday on Route 77, Pembroke, by Deputy Joseph Graff.

Victoria Lynn Phillips, 49, of Molasses Hill Road, Bethany, is charged with DWI and driving with a BAC of .08 or greater. Phillips was arrested by Deputy Jason Saile following a 9-1-1 call out of the Town of Darien at 11:46 p.m., Friday.

Adam Scott Hamilton, 25, of Curwood Drive, Tonawanda, is charged with disorderly conduct. Hamilton was picked up on a bench warrant out of Town of Darien Court for failure to pay a fine. He paid the fine and was released.

Alejandro Cortes Ruiz, 28, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, inadequate headlights, unlicensed operation and consumption of alcohol in a motor vehicle. Ruiz was stopped at 11:54 p.m., Friday, on South Lyon Street, City of Batavia, by Deputy Jason Saile. Bail was set at $2,500.

A 17-year-old from Batavia is charged with unlawful possession of marijuana. The youth was nabbed when a K-9 allegedly alerted on his vehicle parked in a parking lot.

A 17-year-old from Basom is charged with unlawful possession of marijuana. The youth was nabbed when a K-9 allegedly alerted on his vehicle parked in a parking lot.

Randall William McKeown, 48, of Dellinger Avenue, is charged with a felony count of DWI, driving with a BAC .08 or greater, aggravated unlicense operation, 3rd, and moving from lane unsafely. McKeown was stopped on Route 5, Batavia, at 12:31 a.m., Sunday, by Deputy Joseph Graff.

Christopher Thomas Guillod, 23, of Olde Tavern Circle, Rochester, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings and inadequate exhaust. Guillod was stopped at 1:12 a.m., Sunday, on Oak Street, Batavia, by Deputy Jason Saile.

A mother who tried to smuggle oxycodone into her son being held in Genesee County Jail accepted a plea offer today that should keep her out of jail.

Kathleen Catino, 60, of Seven Springs Road, Batavia, entered a guilty plea to criminal possession of a controlled substance, 5th, with a promise of probation and no jail time if she stays out of trouble between now and her sentencing in January.

Catino was original charged with criminal sale of a controlled substance, criminal sale of a controlled substance, 3rd, possession of a controlled substance, 3rd, promoting prison contraband, 2nd, and possession of a controlled substance not in the original container.

Her son, 39-year-old Cain Catino, admitted two weeks ago to to attempted robbery, 3rd. Catino tried to steal oxycodone from the Oakfield Pharmacy on Sept. 20.

On Oct. 14, Kathleen Catino tried to give some oxycodone to Cain while visiting him in jail.

In Genesee County Court this morning, Catino said she was trying to help her son with his withdrawal symptoms.

A driver took down several mailboxes overnight along the 9100 block of Alexander Road heading southbound.

The car was apparently off the road for about at least a quarter mile south of Pike Road.

It's unclear how many mailboxes were knocked over or if there was any other property damage.

The car is believed to be a 1999 to 2001 Saturn, color purple. It suffered heavy right front end damage, with possible wheel damage on the right. It will be missing a right mirror.

If anybody knows of a vehicle matching that description, the Sheriff's Office can be contacted at 343-5000.

Deputy Brian Thompson is handling the investigation.

UPDATE: Deputy Thompson sends along this update:

Dark purple in color. It would look black at night. We have recovered right  (passenger side) quarter panel parts, front corner assembly, Saturn emblem,  corner marker light, hubcaps. A large multiple mailbox platform was struck, two newspaper boxes (metal posts) and it sideswiped another mailbox. Part numbers match from a 1999 to 2002. Collision persons believe it was a 1999 to 2001 by rust damage and earlier part numbers.

An East Main Street resident with a record of stealing from local businesses admitted in Genesee County Court this morning that in late October he broke into a shop on Harvester Avenue and stole and then forged two checks.

The three felony counts -- burglary and two counts of possessing a forged instrument -- will send Michael J. Piasta to state prison for at least two years and perhaps as many as seven.

Piasta admitted to breaking into the building and then trying to cash two checks made out to himself, each in the amount of $1,762, at two separate branches of a local bank.

He was unsuccessful in both attempts to cash the checks.

Because the burglary and the two check-cashing attempts constitute three separate crimes, Piasta could have been facing consecutive sentences, but in a plea bargain, District Attorney Lawrence Friedman agreed to a concurrent sentence on all three counts.

His sentence also won't be enhanced by his prior felony convictions for burglary, 3rd, in 2006 and attempted assault, 2nd, in 2002.

Piasta previously admitted to burglary and petit larceny charges in Batavia City Court related to his arrests for stealing from Pandora's Boxx and Wilson Farms.

He will be sentenced in city court on those charges Dec. 2.

Previously: Man with previous thievery charges accused of burglary on Harvester Avenue

A man who lives 143 miles from Genesee County has been nabbed in connection with a series of timber thefts from local property owners.

Donnie Eugene Hendrickson, 49, of County Route 17, Bernhards Bay, is facing two charges of grand larceny and one for petit larceny for the alleged lefts in early 2010.

Bernhards Bay is northeast of Syracuse, on the north side of Oneida Lake.

Hendrickson is accused of stealing more than $21,000 in timber.

The first alleged theft occurred Jan. 9. Hendrickson allegedly removed $1,800 in timber from Stein Farms property. He's been charged with grand larceny, 4th, for that alleged crime.

In mid-February, $19,000 in timber was reported missing from Hy Hope Farms in Stafford. Hendrickson is being charged with grand larceny, 3rd.

The petit larceny charge stems from an alleged $450 theft of timber in February from Englereth Farms, Stafford.

The cases were investigated by Deputy John Duyssen.

Walter C. Blatt, 52, of 3768 W. Main St. Road, Batavia, is charged with harassment, 2nd. Police officers responded to a report of a disturbance at 9:53 p.m., Wednesday, at 319 E. Main St., Batavia. Blatt allegedly verbally and physically threatened officers.

Darren D. Jones, 45, of 168 Parkside, Syracuse, is charged with DWI. Jones was picked up in Syracuse on a warrant out of Batavia City Court for alleged failure to appear on a previous DWI charge. Jones was jailed on $5,000 bail.

Tiffany Monea Gaulden, 19, of Taft Avenue, Rochester, is charged with trespass and harassment, 2nd. Gaulden is accused of refusing to leave College Village after being told to do so. She allegedly struck a village security officer. The alleged incident occurred at 11:23 p.m., Thursday.

Lotoya Tamika Vialva, 19, of East 19th Street, Brooklyn, is charged with disorderly conduct, resisting arrest and unlawful possession of marijuana. Vialva was originally being taken into custody for allegedly yelling profanities in a public parking lot at College Village.  She then allegedly resisted arrest. The incident occurred at 11:40 p.m., Thursday.

The man who owns a silver Mustang involved in a one-car accident on the edge of the Oak Street roundabout last week says he wasn't driving the car at the time of the accident.

The driver fled the scene.

There were two witnesses of the driver running from the car, according to Officer Ed Mileham, but neither witness could positively identify the driver after looking at photo line ups.

"Right now, it's just an unauthorized use," Mileham said.

The owner of the car reported it stolen the morning after the accident.

The name of vehicle owner has not been released.

Justin Amend, the 29-year-old Farrall Park paramour of Suzanne Corona, will wait another week at least to find out if he's going to jail.

When Amend entered a guilty plea to public lewdness, it was on the condition that he wouldn't receive jail time, but City Court Judge Robert Balbick said there's now a problem with that plea arrangement.

The former Oakfield resident is now a Florida resident.

"By moving out of state, you've prevented me from placing you on probation," Balbick said.

The Probation Department recommended Amend be given a conditional discharge -- meaning if he stays out of trouble for six months, the public lewdness conviction would be dismissed.

Balbick said considering the offense to the community, that Amend engaged in sexual conduct in a place where parents and children could see the act, he just can't go along with a conditional discharge.

That leaves Amend two obvious options -- withdraw his plea and go to trial, or let Balbick sentence him with the probability he will be given jail time.

Defense Attorney Tom Williams asked for more time to either research a way to get Florida to accept Amend's probation, or see if there is space available with the Genesee County Jail for a weekend work detail sentence.

Assistant District Attorney Robert Zickl predicted that Florida is unlikely to accept a probation case on a misdemeanor charge.

"States feel that their probation departments are overworked as it is and they do not want to accept misdemeanor cases," Zickl said.

Amend moved to Florida, according to Williams, because he's embarrassed by his crime.

"He's humiliated to be seen walking around Genesee County," Williams said. "For him to walk into Tops and be seen is torture for him. It would be like for me to walk into Tops naked. That may seem over the top, but that's how he feels."

When given his turn to speak, Amend said, "I can guarantee you that you will never see me in court again because this has been a total embarrassment."

Williams described Amend as an upstanding citizen who has never been in trouble except for this case.

In fact, Williams said, Amend has been a key witness in criminal cases, including one where he turned in a sexual predator who was victimizing a younger person. That criminal is now in state prison. The man never would have been caught if Amend hadn't contacted the police, Williams said.

Trevor M. Rich, 29, of 8943 Creek Road, is charged with harassment, 2nd. Rich is accused of verbally threatening a woman at 1:38 p.m., Tuesday. He was jailed on $750 bail.

Markeda Daphne Starks, 19, South Lyon, Batavia, was arrested on a warrant out of Batavia Town Court related to a charge of trespass, 3rd.

Maxwell Raymond Pfendler, 18, of Lake Street Road, Pavilion, is charged with unlawful possession of marijuana. Pfendler was stopped on an alleged traffic violation at 10 p.m., Tuesday, by Deputy Joseph Graff.

We only recently received the October indictments from the Genesee County Grand Jury:

Charles J. Porreca is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 5th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th. On May 6, Porreca is accused of possessing marijuana while in a vehicle at 8123 Prole Road Extension. On the same date, he is accused of possessing psilocin and psilocybin contained in mushrooms with the intent to sell in a room at College Village. At the same address, he is accused of possessing more than two ounces of marijuana along with hydrocodone.

Robert Thigpen III, is charged with burglary, 1st, menacing, 2nd, and criminal mischief, 4th. Thigpen is accused of entering and remaining unlawfully in a dwelling at 111 State St., Apt. 3, Batavia, on Aug. 30, with intent to commit a crime. Allegedly, Thigpen used a knife to threaten another person. He is also accused of damaging a lock.

Amy L. Brown is charged with grand larceny, 3rd, and eight counts of offering a false instrument for filing, 1st. Brown is accused of stealing from the Department of Labor from Sept. 21 through Nov. 16, 2008. She is accused of filing false records with the Department of Labor.

Robert J. Van Pelt is charged with vehicular assault, 1st, DWI and aggravated DWI. Van Pelt is accused of driving a motor vehicle on May 2, Sandhill Road, Town of Alabama, and causing another person to be injured. His BAC was allegedly above .18.

Christopher J. Matusak is charged with DWI as a felony, aggravated DWI, three counts of criminal mischief, 3rd, and three counts of reckless endangerment, 2nd. Matusak is accused of driving drunk on May 31 with a BAC of .18 or greater, and in Town of Le Roy damaging the property of another person. The property is described as a 2007 Hyundai, a 1998 Lincoln and a 1996 Cadillac. He is accused of intentionally striking the Cadillac, which allegedly had three passengers at the time.

Shannon V. Albano is charged with a felony count of DWI and driving with a BAC of .08 or greater. Albano is accused of driving drunk on April 19 in the Town of Darien.

Autumn M. Connolly is charged with grand larceny third. Connolly is accused of stealing about $4,200 from a family member between March 27 and April 13.

Five Genesee County residents have been arrested on various drug charges over the past several weeks, the Local Drug Enforcement Task Force announced.

One person is suspected of dealing drugs, a husband and wife as well as another man are accused of growing marijuana. Another woman is accused of possessing marijuana.

The following arrests were announced:

Anthony Nigro (pictured), 59, of Alexander Road, Alexander. Nigro is charged with criminal possession of a narcotic drug with intent to sell, 3rd, and criminal sale of a controlled substance, 3rd. Nigro was arrested in September and released on his own recognizance.

Michael D. Myers, 49, of Telephone Road, Pavilion, is charged with criminal possession of marijuana, 2nd, and unlawfully growing marijuana. Myers is accused of possessing more than 16 ounces of marijuana at the time a search warrant was executed on Sept. 13. Myers was released on his own recognizance.

Robie A. Dersham, 41, of Creek Road, Pavilion and Kimberly A. Dersham, 41, of Creek Road, Pavilion, are charged with criminal possesion of marijuana, 4th, and unlawfully growing marijuana. The Dershams were allegedly found in possesion of two ounces of marijuana in September.

Laura L. Pacer, 25, of Jackson Street, Batavia, is charged with criminal possession of marijuana. Pacer was allegedly found in possession of two ounces of marijuana following the execution of a search warrant on Oct. 12.