crime

An Elmira stepmother was found guilty of manslaughter today in the death of a 21-month-old toddler from Batavia.

Melissa Engelhardt, 24, was convicted in a non-jury trial. Chemung County Judge Peter C. Buckley found Engelhardt not guilty of second-degree murder.

Andrew Cianfrini, of Batavia, died Nov. 10, while in the care of Engelhardt.

An autopsy found methanol in the child's body. Methanol lowers the temperature of water to prevent it from freezing. It can be fatal if ingested. Methanol was also found in the toddler's sippy cup.

(Read the full story from the D&C).

An arsonist who tried to kill his ex-girlfriend's father will spend 20 years in prison, Judge Robert C. Noonan ruled today.

The sentencing of Andre L. Scott came near the close of a bizarre hearing in which Scott let it be known that he thought a juror in his trial behaved improperly, that his constitutional rights were violated in a previous conviction out of Monroe County, and that his ex-girlfriend perjured herself under pressure from Batavia Police detectives.

He also accused the detectives of tampering with evidence.

"Everybody in this courtroom knows what happened," Scott said. "They took my DNA and put it on there, on the evidence."

Since Scott's conviction on Aug. 31 following a jury trial, the 31-year-old former Rochester resident fired his trial attorney, Thomas Burns, and was assigned local defense attorney Fred Rarick.

Today, Scott let it be known that he plans to appeal his conviction.

A jury found that Scott attempted to kill his ex-girlfriend's father by pouring gasoline on the stairs of the man's Batavia residence at 12 Elm St. and setting it afire in February 2009. 

He was convicted of attempted murder, arson and burglary.

"The defendant started a fire in the stairwell where, if he had been successful, it could have resulted in the death of four people in that residence," District Attorney Lawrence Friedman said. "Only through the prompt response of the fire department did it become a situation where nobody was harmed.

"His continued attitude, and what he said to probation during the presentence investigation, communicates loud and clear that, unless I've missed something, I see no mitigating factors to suggest this defendant should get any less than the maximum, 25 years."

Given a chance to speak in his own defense, Scott immediately launched into a rambling complaint about wanting to file a 330 motion (a motion contesting his conviction), but the jail didn't send it over in a timely manner, the court didn't get it, and something about a juror who is related to somebody who works in corrections.

Noonan tried to get Scott back on track, at which point Scott started to complain about evidence being tampered with and asking that the evidence in his case be taken out of Batavia Police custody.

Noonan cut him off.

"One thing I've noticed about you, Mr. Scott, from the very first time you came before me, is that you focus on entirely different matters than what everybody else is focused on," Noonan said. "You make allegations that have no basis in fact and bring up issues not being discussed, and anyone -- including your own counsel -- who tries to  get you to focus (is ignored).

"When I give you every opportunity to tell me what sentence should be imposed, you go off on where evidence is stored and 'what everybody knows,' whatever that means."

After telling Scott that he "committed one of the most serious crimes in our law," Noonan pronounced sentence and then asked if the district attorney's office had any requests for orders of protection.

Friedman requested orders of protection for Scott's ex-girlfriend, her father and one of the witnesses in the case.

"Any objections?" Noonan asked in what is normally a very routine matter at criminal sentencing.

"No, your honor," said Rarick.

"Yes," said Scott loudly, going on to say that his ex-girlfriend had spoken with his mother after she testified and said that police had threatened her if she didn't lie on the witness stand.

After some consultation with his client, Rarick offered up Scott's objection.

Noonan ruled that, if in the circumstance that Scott winds up representing himself and needs to interview her, the order can be modified, otherwise he was issuing the order of protection.

A 55-year-old Batavia woman is accused of forging her boss's signature on company checks and depositing the funds in her personal bank account.

Deborah Dutton faces a federal charge of making and possessing forged checks. The maximum penalty is 10 years in prison or a $250,000 fine or both.

Dutton is accused of stealing in the neighborhood of $77,000 from her employer, A1 Sheet Metal Company.

The arrest is the result of an investigation by Special Agents of the U.S. Secret Service, under the direction of Special Agent-In-Charge Tracy Gast.

Latifa Aminya Abdullah-Muhammad, 19, of Tibbets Road, Medina, and Merle Franklin Agee, 19, of Ontario Avenue, Niagara Falls, are charged with disorderly conduct. Abdullah-Muhammad and Agee were reportedly at 8204 Park Road, Batavia, at 7:54 p.m., Sunday, where they allegedly used abusive and obscene language while in a public place.

Porfirio Diaz Gomez, 35, of Merriman Road, Byron, has been charged with illegal entry. Gomez was taken into custody at 5:15 a.m., Sunday by Deputy Frank Bordonaro and turned over the the U.S. Border Patrol.

A 44-year-old Le Roy man is accused of video recording a naked developmentally disabled man while the group home resident was in a bathtub.

David C. Ewell was arraigned in Nunda Village Court on charges of second-degree unlawful surveillance, dissemination of an unlawful surveillance image, and endangering the welfare of an incompetent or physically disabled person. 

Ewell was jailed on $25,000 bail or $50,000 bond. He's an employee of the New York State Developmental Disabilities Services Office, and works at the Walnut Intermediate Care Facility in Nunda.

Ewell is accused of using his cell phone, recording the man and then disseminating the 30-second recording to another person.

(Source: Democrat & Chronicle)

Terrance D. Bauer, 48, of Church Street, Alabama, is charged with criminal possession of a weapon, 3rd, and criminal possession of marijuana, 5th. Bauer was taken into custody by the Genesee County Local Drug Enforcement Task Force following the execution of a search warrant at his residence on Oct.15. Bauer was allegedly found in possession of marijuana and a billy club, which he cannot legally possess. Bauer was released on his own recognizance following his arraignment in Town of Alabama Court.

Craig A. Tiberio, 21, of Lathrop Avenue, Le Roy, is charged with assault, 3rd. Tiberio is accused of getting into an argument at a residence on St. Mary's Street, Pavilion, and punching another person in the face causing physical injury.

Robert Adam Barnhart, 25, of East Main Street, Batavia, is charged with grand larceny, 3rd. Barnhart was arrested on a warrant out of Wyoming County.

Aaron John Gugel, 18, of Donahue Road, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gugel's car, parked at 260 State Street.

Sharmice Shantell Gibson, 18, Wood Street, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gibson's car, parked at 260 State Street.

A Batavia man previously accused of stealing from local stores is in trouble again -- this time for allegedly burglarizing a business on Harvester Avenue and forging checks from that business.

Michael J. Piasta, 30, of 415 East Main St., was arrested by Batavia Police following an investigation and charged with burglary, 3rd, and criminal possession of a forged instrument.

Piasta is accused of breaking into a business at 56 Harvester Ave. and stealing checks and credit cards.

He allegedly tried to cash two business checks at area banks and is accused of using the credit card at various locations.

Piasta was jailed without bail.

Previously, Piasta allegedly stole some DVDs from Pandora's Boxx and fled on foot. He was the subject of a short manhunt at St. Joseph Cemetery off of Buell Street. Also, he was previously accused of stealing beer from Wilson Farms on East Main Street. In that case, Piasta was apparently caught on camera at the store, and at the time of his arrest he was wanted on a warrant out of Niagara County.

Information on the court status of those cases is not immediately available.

Michelle Richmond, 41, of 207 Washington Ave., Batavia, is charged with DWI, driving with a BAC of .18 or greater and speeding. Richmond was stopped at 2:52 a.m. on West Main Street, Batavia, by Officer Darryle Streeter.

William L. Verney, 29, of Alexander, is charged with conspiracy, 6th. Verney was arrested by State Police on Monday for an alleged incident reported on Oct. 10 on the Tonawanda Indian Reservation. No further details were released.

Jeffery A. Fitzsimmons, 18, of Medina, is charged with unlawful possession of marijuana. Fitzsimmons was arrested by State Police at 1:05 a.m., Saturday, on Route 63 in the Town of Alabama.

Harold Miles, 52, of Batavia, is charged with introduction of prison contraband, 2nd, and criminal possession of a controlled substance, 7th. Miles was arrested by State Police on Saturday for an alleged incident reported on Oct. 19. No further details were released.

Andrei P. Sliker, 19, of 15 Thorpe St., Batavia, is charged with harassment, 2nd, and criminal contempt. Sliker alleged grabbed and pushed a woman who had a court order of protection against Sliker. Sliker was jailed without bail.

Matthew R. Hinze, 19, of Batavia, is charged with driving while impaired by drugs, loud/inadequate muffler, a license plate violation and unlawful possession of marijuana. Hinze was stopped at 11:09 p.m., Friday, on Route 63 in the Town of Batavia, by Deputy Patrick Reeves.

Jennifer Pearl Hepp, 28, of Walker Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or higher, aggravated unlicensed operation and driving left of the pavement markings. Hepp was stopped at 2:42 a.m. on Route 238 in Alexander by Deputy Jason Saile.

A 17-year-old from Walker Road, Pavilion, is charged with unlawful possession of marijuana. Walker was charged after a drug-sniffing K-9 reportedly alerted on his vehicle.

A 17-year-old from Big Tree Road, Pavilion, is charged with unlawful possession of marijuana. Walker was charged after a drug-sniffing K-9 reportedly alerted on his vehicle.

Michele Marie Davis, 27, of Wyoming Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater and speeding. Davis was stopped at 1:48 a.m., Sunday, on Perry Road in Pavilion by Sgt. Brian Frieday.

Charles William Wilder, 27, of Crane Raod, Oakfield, is charged with felony DWI, aggravated DWI with a BAC of .18 or greater and improper left turn. Wilder was stopped at 2:29 a.m., Sunday, on South Main Street, Oakfield, by Deputy Jason Saile.

Angela A. Snyder, 32, of 432 E. Main St., Batavia, is charged with petit larceny. Snyder is accused of shoplifting from the Dollar General.

Batavia police are on the lookout for six youths who are reported to be stealing pumpkins in the city. Three other young people reported that the mischief-makers went into a house on Oak Street, but couldn't, or wouldn't, identify it.

Dispatch also mentioned Summit Street in connection with this incident. No word on the total of pumpkins involved.

At least two people, and maybe more, have contacted the Le Roy Police Department to report unauthorized transactions on their debit cards.

The individuals contacted police, according to Sgt. Tim Hayes, after trying to use their cards at area stores and having the transactions denied.

Upon further checking, the card holders discovered numerous debit card purchases for varying amounts on different dates at out-of-state stores, Hayes said.

Hayes said Officer Emily Clark is also handling the case and she may have the names of other victims, but Hayes did not immediately have that information available.

A reader who tipped The Batavian to the investigation said as many as 40 people in Le Roy have had unauthorized transactions on their debit cards and Hayes said that number could be accurate because not all of the victims are calling the police department -- many are only contacting their bank branches.

It's not clear how the debit card numbers of the victims were obtained, Hayes said. The victims still have physical custody of their cards.

Hayes asked that any victims of the scam contact law enforcement. The investigation is continuing.

Two weeks ago, media in Rochester reported that numerous area residents had suffered a similar scam. The victims may have been customers of Aldi's, which reportedly suffered a security breech. A perpetrator reportedly tampered with Aldi's credit card terminals in 11 states.

It's unknown if the Le Roy victims have been caught in the same scam.

In his e-mail to The Batavian, Hayes wrote, "It would be well advised as a matter of routine credit security for people to regularly check their debit card and credit card statements for incorrect/fraudulent charges and to notify the police as well as their financial institutions immediately upon discovery."

Cain Catino, 39, who tried to steal oxycodone from the Oakfield Family Pharmacy last month pled guilty this morning to attempted robbery, 3rd, in Genesee County Court.

The Seven Spring Roads resident had a knife in his pocket at the time of the attempted robbery, District Attorney Lawrence Friedman revealed this morning.

Friedman said Catino's case was scheduled to go before the grand jury next week and Catino was facing a possible charge of robbery, 1st, and criminal possession of a weapon.

Witnesses would testify, according to Friedman, that Catino was attempting to retrieve the knife when the pharmacy owner and his son were wrestling Catino to the floor.

Under terms of the agreement, Catino receives second felony offender status and will serve from one-and-half years to three years in prison.

Without the plea agreement, the attempted robbery charge could carry a maximum sentence of two to four years.

Catino's prior felony convictions are a grand larceny charge in 2008 and attempted robbery in 2009.

Sentencing was scheduled for Nov. 22.

Catino's mother is accused of trying to smuggle drugs to him in Genesee County Jail earlier this month. Charges of criminal possession of a controlled substance and promoting prison contraband are still pending.

A 40-year-old Attica man who was stopped on East Main Street, Batavia, just 12 days ago, admitted in Genesee County Court this morning that he was driving drunk at the time.

Roland J. Reed admitted to a felony count of driving while intoxicated and aggravated unlicensed operation. He was charged under Leandra's Law because he reportedly had a 2-year-old and an 8-month-old in his car when he was stopped by police.

He was also charged at the time with unlawful possession of marijuana, refusal to take a breath test and moving from lane unsafely.

Reed also admitted to DWI convictions, one in Le Roy in 2009 and another in Monroe County in 2008.

He faces from one to four years in state prison.

Originally jailed on $25,000 bail, Reed will be released under supervision of Genesee County Justice as a condition of his plea.

In addition to prison time, Reed will be required to have an ignition interlock device for at least six months upon his release.

While out of jail awaiting sentencing, Reed will be undergoing treatment, according to his attorney, and looking for work. Judge Robert C. Noonan imposed a curfew from 6 p.m. to 6 a.m.

Shane M. Bartlett, 21, of Drake Road, Brockport, is charged with driving while impaired by drugs, unlawful possession of marijuana and operating without a front bumper/plate. Bartlett's vehicle was stopped at 5:03 p.m., Thursday, on North Byron Road, Elba, by Deputy Bradley Mazur.

Cory J. Zeiner, 21, of Lake Road South, Brockport, is charged with criminal possession of marijuana, 5th.

John Christian Finkney, 22, of Galloway Road, Batavia, is charged with criminal impersonation, driving out of class, unregistered motor vehicle, switched plates, uninsured motor vehicle. Finkney was allegedly involved in a road rage incident on Oct. 15. As part of the investigation, a deputy asked Finkney for his name and date of birth. It was later discovered that he allegedly provided the name and birth date of his brother. He was arrested Wednesday by Deputy Eric Seppela.

This morning, Suzanne Corona met South Beach owner Ken Mistler at a downtown bank and signed a contract agreeing to carry a sign in front of his restaurant for four hours that reads, "I Stole from South Beach."

The contract, Mistler said, is an admission of guilt. In it, Mistler agrees to drop criminal charges against Corona and she holds harmless Mistler, South Beach and all employees from any possible damages.

On Sept. 30, Corona was reportedly caught stuffing food from South Beach's buffet into baggies. When confronted, Corona, according to Mistler, dumped the food back onto the buffet. All of the items on the buffet had to be trashed right at the height of lunch hour.

According to Mistler, the resulting damage was more than $1,000, so Corona was facing a possible felony charge.

The 41-year-old Corona was in City Court briefly this afternoon on her other notorious legal case -- the public lewdness charge she admitted to in August.

Corona, who was initially charged with adultery for having sexual contact with a man not her husband in Farrall Park in June, was scheduled to be sentenced today.

The sentencing was continued until Nov. 24.

Judge Michael Del Plato only said that the proposed sentence "is something not available to me." He also instructed the attorneys on both sides that "what is confidential remains confidential."

James R. Sweet, 49, of 5 Shady Lane, Batavia, is charged with criminal contempt, 1st, reckless endangerment, 2nd, and endangering the welfare of a child. Sweet is accused of intentionally driving his car into the lane of traffic occupied by another vehicle. The other car was reportedly driven by a person Sweet was ordered to stay away from. There was reportedly a child in that car.

No charges have been filed yet against Suzanne Corona for allegedly trashing the buffet at South Beach on Sept. 30, and owner Ken Mistler remains ready to drop the charges if she agrees to carry these signs for four hours on East Main Street, Batavia.

Mistler had the signs made up more than a week ago in anticipation of Corona signing a contract admitting she stole from South Beach, but then Corona reportedly became hospitalized and has been unavailable since.

Corona is suspected of walking into South Beach with a purse full of baggies and then trying to fill them up with buffet items before wait staff interfered. When a manager intervened, Corona allegedly began dumping the baggies back on the buffet.

The value of the trashed buffet, plus the lost afternoon business, cost the restaurant more than a $1,000, according to Mistler, which means if Corona doesn't agree to carry the signs she faces at least one felony charge.

Batavia's notorious woman is expected in court Wednesday for sentencing on her public lewdness conviction. As part of a plea deal, an adultery count was dropped. Corona admitted to a sexual act with a man not her husband on a picnic table in Farrall Park in June.

James R. Kosiorek, 18, of Myrtle Street, Le Roy, is charged with assault, 2nd. Kosiorek is accused of punching and kicking another person in the head, causing physical injury to that person by means of a dangerous instrument. The alleged incident occurred on Friday. Kosiorek was jailed on $5,000 bail.

Kenneth Michael Burns, 53, of South Lake Avenue, Bergen, is charged with criminal contempt, 2nd. While incarcerated at Genesee County Jail, Burns allegedly violated an order of protection by contacting the protected person by phone.

Justin J. Pryzybyl, 21, of 8411 Peachy Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, making an unsafe start and not wearing a seat belt. Pryzybyl was stopped at 2:10 a.m., Saturday, on Clay Street by Le Roy Police Sgt. Michael Hare.

Benjamin Louis Monna, 21, of Florendin Drive, Henrietta, is charged with operating a motor vehicle impaired by drugs, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and speeding. Monna was allegedly spotted speeding on the Thruway (83 in a 65 mph zone) and was located a short time later on the side of the road at the Pembroke off ramp. He was allegedly found in possession of Ritalin without a prescription, a small amount of marijuana and was allegedly driving under the influence of drugs. He reportedly refused a blood test. Monna was taken into custody at 8:45 a.m., Friday, by Deputy Brian Thompson.

Mark Jacob Mutka, 29, of Ganson Avenue, Corfu, is charged with DWI, driving with a BAC of .08 or greater and speeding (84 in a 55 mph zone). Mutka was stopped at 4:08 a.m., Sunday, on Genesee Street, Darien, by Deputy Howard Carlson.

Justin E. Cratsley, 22, of 8348 Lewiston Road, Batavia, is charged with harassment, 2nd. Cratsley is accused of pushing a woman during an argument at 5:35 p.m., Oct. 7.

Kenneth M. Burns, 53, of Bergen, is charged with harassment, 2nd. Burns was arrested by State Police for an alleged incident that was reported at 8:45 p.m., Monday. No further details were released.