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March 29, 2017 - 9:56am
posted by Howard B. Owens in crime, batavia, news, Stafford.

Robert E. Merritt, 62, of East Main Street, Batavia, is charged with: two counts of criminal possession of a controlled substance, 7th; possession of a hypodermic instrument; and controlled substance not in original container. Merritt was arrested following a complaint at 6:23 a.m. of an incident on Hutchins Place. He was jailed on $1,000 bail or $2,000 bond. 

A 17-year-old resident of Holland Avenue, Batavia, is charged with petit larceny and burglary, 3rd. The youth is accused of entering Speedway after being previously barred from the store and stealing merchandise.

Kelli E. Wallace, 54, of Swan Street, Batavia, is charged with petit larceny. Wallace was arrested on a warrant stemming from an alleged theft at Kwik Fill on Ellicott and Jackson streets.

Nikayla C. Jackson, 19, no permanent address, was arrested on a warrant for alleged failure to appear in City Court. She was jailed on $5,000 bail or $10,000 bond.

Eric J. McGill, 33, of Porter Avenue, Batavia, is charged with harassment, 2nd. McGill is accused of threatening a neighbor. 

Gregory A. Burgess, 24, of Bowen Road, Attica, is charged with harassment, 2nd. Burgess is accused of grabbing another person during an argument.

Alex Isaac, 27, of East 83rd Street, Brooklyn, is charged with criminal contempt, 2nd. Isaac allegedly sent text messages to a protected party in violation of a court order.

Amar S.M. Zainelabdin, 29, of Affinity Lane, Buffalo, is charged with unlawful possession of marijuana, no headlights and suspended registration. Zainelabdin was stopped on Ellicott Street at 9:02 p.m. Friday by Officer Arick Perkins.

Sean M. Madigan, 31, of Collegeview Drive, Batavia, was arrested on a warrant for alleged failure to appear. Madigan was arrested following an anonymous tip on his location. He was jailed on $500 bail.

Tammy Marie O'Shea, 45, of Main Road, Stafford, is charged with criminal trespass, 3rd. O'Shea is accused of trespassing at an apartment complex on Main Road, Stafford, at 2 p.m. on Jan. 22.

Shana Lee Sullivan, 25, of Griswold Road, Stafford, is charged with unlawful possession of marijuana. Sullivan was charged following a traffic stop at 9:48 p.m. Tuesday on Griswold Road, Stafford, by Deputy Brian Thompson.

March 28, 2017 - 6:18pm
posted by Howard B. Owens in crime, batavia, news.

If necessary, District Attorney Lawrence Friedman will seek new grand jury indictments against a former Batavia resident who had his Genesee County convictions on sexual molestation charges thrown out by an appeals court.

In July 2014, after a jury trial, Sean A. Vickers, 47, was convicted of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

The appellate division of the Fourth Judicial Department threw out the first four convictions but left the 10th count of the amended indictment stand and ruled that the seven-year sentence imposed on that count was not unduly harsh.

The court ruled that because Vickers was originally indicted on counts of course of sexual conduct against a child and sexual predatory assault, those were the charges he should have been tried on, even though he consented to the amended indictment.

The court ruled a defendant cannot waive his right to be tried on the original indictment, citing prior case law.

The defendant has a "fundamental and nonwaivable right to be tried only on the crimes charged," the court said, citing the prior case, People v. Graves.  

"An indictment may not be amended in any respect which changes the theory or theories of the prosecution as reflected in the evidence before the grand jury which filed it," the court said.

Then County Court Judge Robert Noonan sentenced Victors more than 100 years in state prison, a sentence that was later reduced by statute to 50 years.

The sentence was to be served concurrently with the 20 years Vickers received in Niagara County, so even though these four convictions were thrown out, Vickers remains in state prison.

At his sentencing, Friedman said he couldn't recall a child molestation case that was more disturbing. 

"This case is the worst one I've ever had," Friedman said. "I've been in the criminal justice system for 40 years both as a prosecutor and a judge and I've never had anybody who has been prolific a predator as you have been Mr. Vickers."

Today, Friedman said he will seek permission to appeal this ruling, but if he can't, or the people don't prevail on appeal, he isn't done prosecuting Vickers.

"Ultimately, if needed, we will go before a grand jury with our four victims," Friedman said.

March 27, 2017 - 12:27pm
posted by Howard B. Owens in crime, Oakfield, batavia, news.

Christopher M. Oliveras, 25, of Lockport Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs, unlawful possession of marijuana, failure to obey traffic control devices, and tinted windows. Oliveras was arrested in the City of Tonawanda by Tonawanda PD, at 1:30 a.m., Sunday. Earlier, he was stopped for allegedly driving the wrong way down a one-way street. At that time he was told to park the vehicle. Later in the evening, officers stopped the vehicle again and Oliveras was found to be the driver. Oliveras reportedly told officers, "I did park for a little while." He also reportedly said, "I was drinking Budweisers and smoking marijuana." A container of marijuana was allegedly found in the center console. He allegedly blew a BAC of .10. Bail was set at $250.

Rebecca Ann Edwards, 23, of Kibbe Avenue, Batavia, is charged with grand larceny, 3rd. Edwards is accused of stealing property with a value in excess of $3,000 from the 48 Deli Express in Batavia.

March 24, 2017 - 6:27pm
posted by Billie Owens in crime, news, batavia, Basom, Oakfield.

David Bruce Piechowicz, 41, of Lackawanna, is charged with two counts of second-degree assault and criminal possession of a weapon, third degree -- with a prior conviction. He was taken into custody March 23 by the U.S. Marshall's warrant task force on a Town of Alabama warrant on the charges, issued Feb. 12 following an unspecified incident on Shanks Road in Basom. The defendant was jailed on $50,000 cash or $100,000 bond. The case was handled by Genesee County Deputy Lonnie Nati.

David William Cook, 50, of Washington Avenue, Batavia, is charged with unsafe turn/failure to signal, aggravated DWI, and DWI. Cook was arrested at 7:04 p.m. on March 23 on Lincoln Avenue in Batavia following a traffic stop. He allegedly had a BAC of more than .18 percent at the time. He was issued appearance tickets for Batavia City Court on April 26. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

John Moon, 25, of Batavia, was arrested at 10 p.m. on March 22 by State Troopers for DWI. They performed a traffic stop on West Main Street Road in the Town of Batavia and Moon allegedly failed field sobriety tests. His breath test allegedly resulted in a BAC of .17 percent. He was given appearance tickets for Town of Batavia Court in April.

Bettina Jacqueline Jacobs, 33, of West Main Street Road, Batavia, is charged with fourth-degree criminal sale of a controlled substance and first-degree promoting prison contraband. She was arrested for allegedly introducing Suboxone into the GC Jail after being taken into custody at court for an alleged violation of her previous release agreement. It is also alleged that during the subsequent transport to another jail, she gave some of that controlled substance to another inmate. Jacobs was arraigned in City of Batavia Court on March 22 and jailed in lieu of $10,000 cash or $20,000 bond. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Dawn M. Morford, 56, of Jackson Street, Batavia, is charged with criminally using drug paraphernalia in the second degree, a Class A misdemeanor. And 41-year-old Gary Bradford, of Maple Street, Rochester, is charged with a violation -- unlawful possession of marijuana. Both were arrested March 21 following a traffic stop in the Town of Bergen by the GC Local Drug Enforcement Task Force. They were issued appearance tickets returnable to Bergen Town Court. Uniformed deputies from the Sheriff's Office along with K-9 "Destro" assisted with the investigation.

A 16-year-old who lives on Lewiston Road in Oakfield is charged with second-degree criminal contempt after allegedly being found in possession of a cell phone on March 10. The subject was ordered earlier this month to refrain from possessing a cell phone by Judge Adams in GC Family Court. The defendant is to appear in Oakfield Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Cory Mower.

March 24, 2017 - 4:53pm
posted by Billie Owens in batavia, crime, news.

A man found to be illegally in the United States was arrested after a bloody domestic incident on Wood Street in Batavia last night.

At 9:15 p.m., Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck. The victim indicated the suspect, Reynauldo Diaz-Ruiz, had cut her with a knife and was still inside the apartment. Officers located the man and attempted to take him into custody, but he allegedly refused to comply and physically resisted arrest.

Officers were eventually able to subdue Diaz-Ruiz and take him into custody after deploying a Taser. Diaz-Ruiz was transported to the Batavia Police Department where he allegedly attempted to take the service weapon of the escorting officer, who was able to subdue Diaz-Ruiz until additional officers arrived. Diaz-Ruiz was then transported to UMMC for a medical evaluation and released a short while later to the custody of Batavia PD.

Through investigation it was learned Diaz-Ruiz is in the country illegally.

Diaz-Ruiz was arraigned in Batavia City Court with the assistance of a court-appointed interpreter on the following charges:

  • First-degree assault (Class B felony);
  • Third-degree attempted robbery (Class E felony);
  • Second-degree attempted escape (Class E felony);
  • Fourth-degree attempted grand larceny (misdemeanor);
  • Attempted menacing a police officer (Class E felony);
  • Attempted criminal possession of a firearm (misdemeanor);
  • Second-degree menacing (misdemeanor);
  • First-degree reckless endangerment (Class D felony);
  • Second-degree reckless endangerment (misdemeanor);
  • Fourth-degree criminal possession of a weapon (misdemeanor);
  • Criminal mischief;
  • Resisting arrest (misdemeanor);
  • Obstruction of governmental administration (two counts).

Diaz-Ruiz was put in Genesee County Jail without bail. An immigration detainer was also lodged against him.

The Batavia Police Department was assisted by Mercy medics, the Genesee County Sheriff’s Office, and the U.S. Immigration and Customs Enforcement Agency out of Batavia.

Anyone with information in reference to the case may contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or- criminal-activity.

March 24, 2017 - 1:54pm
posted by Howard B. Owens in crime, batavia, news.
mugsm_oliverthomas2017.jpg
      Oliver Thomas

If Oliver Thomas hadn't had a warrant for his arrest for five months, perhaps he could have made bail today, but since he didn't turn himself in and continued to hide from police, Judge Charles Zambito wasn't persuaded that bail was appropriate in his case.

Thomas was wanted for his alleged role in a home-invasion attack on residents in a Central Avenue residence in October. A second warrant was later issued because of his alleged failure to register a change of address as a convicted sex offender.

On the bail evaluation worksheet, which judges use to help determine somebody's flight risk, Thomas scored a negative four, even though he's a lifelong Batavia resident.

Thomas was in court today specifically for a review of his bail status following his arrest in Le Roy and original arraignment earlier this week.

Assistant District Attorney Melissa Cianfrini argued that even with his lifelong residency, Thomas has proven he's really pretty transient with lots of options for where he can go and where he can hide.

"He's a significant flight risk," Cianfrini said.

His assigned counsel, Brian Degnan, argued that because of his roots here, and that he obeyed all of the rules of his prior parole, he deserved reasonable bail, such as $10,000 or $20,000 bond.

Zambito agreed that Thomas is a flight risk and ordered him held without bail.

March 24, 2017 - 1:32pm
posted by Howard B. Owens in crime, news.

The case of a 29-year-old man's sexual affair with a 16-year-old Genesee County girl turned a lot today on speculation about just how hurt the girl was by the affair.

Daniel Brown is from Ontario County and has already been sentenced to two years in state prison on his conviction of crimes stemming from acts between him and the girl in that county and this morning's hearing was to determine if he should get an additional year in prison for crimes committed locally.

He pled guilty in December to criminal sexual act, 3rd.

Assistant District Attorney Kevin Finnell argued that Brown deserved the maximum available sentence available under the plea deal, three years in prison to be served concurrently with his Ontario County sentence, notwithstanding a statement by the victim's mother in a letter to court stating that her daughter suffered nothing more than a broken heart from the affair.

Finnell said that even by his own admission, Brown knows he hurt the girl in ways that will have ramifications for her later in life.

"He acknowledged in his letter to the court that he knows her brain is still developing and that this can affect her later in life," Finnell said. "He knew that."

According to Finnell, Brown struck up a friendship with the girl while she was still 15 and would meet with her, text with her and even showed up at school at least once to watch one of her school activities and when questioned about his presence, he said he was at the school that day to interview for a teaching job, which, Finnell said, was a lie.

Finnell said the physical affair started as shortly after the girl turned 16 and that Brown knew what he was doing wrong all along both legally and morally.  

According to Finnell, Brown would pick up the girl at school and never drive far from the school so they could get her back to the school quickly if her mother showed up, ostensibly to help hide the affair. 

The maximum sentence was appropriate, Finnell said, because the affair started in Genesee County and Brown continued to pursue the girl in Genesee County, even if they also spent time together in Ontario County.

Public Defender Jerry Ader argued that his client shouldn't get any additional prison time because he's already received sufficient punishment in Ontario County, which besides the two-year sentence, includes 10 years on parole and 30 years on the sex offender registry.

Both Finnell and Ader referred to a claim by Brown, who has held steady jobs since his military service and has no criminal record, that he succumbed to temptation after being dumped by his fiancée. Ader said that isn't an excuse, but just like any hardship faced by defendants, it is a circumstance worthy of the court's consideration.

Ader took issue with Finnell's characterization of the girl's eventual mental state, that she will suffer down the road. Ader said without a statement from the girl, and no way of predicting the future, there is no way to judge how the affair will affect the girl in the future.

Judge Charles Zambito said he felt sorry for Brown's personal difficulty, but it wasn't a mitigating circumstance in his mind, before handing down a three-year sentence.

"This was all about you getting what you wanted and what you thought you needed," Zambito said. "You never said you cared for her or even expressed that you cared for her. This looks like you used her for your own purposes."

March 23, 2017 - 2:52pm
posted by Howard B. Owens in crime, batavia, news.

cotterkoltonmug2017.jpg

andrewmorrismug2017.jpg

NOTE: Story updated to correct the names of the officers involved.

The two men who allegedly broke into a home at 49 Swan St. at 2:22 a.m. Thursday told occupants of the house that they were police officers.

They then attacked the occupants and caused physical injury, according to police.

Kolton Cotter, 22, of Eagle Harbor Road, Albion (top photo), was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; criminal mischief; assault; possession of burglary tools; unlawful imprisonment; criminal obstruction of breathing; obstruction of governmental administrationl; resisting arrest; and unlawful possession of marijuana.

Andrew Morris, 19, of Main Street, Attica, was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; assault; possession of burglar tools; and unlawful possession of marijuana.

Officer Felicia DeGroot and Sgt. Eric Bolles were first to respond to the report of a break-in in progress and found Morris inside the residence and took him into custody. Cotter fled and was chased by Bolles and Officer Eric Foels. Also assisting in the apprehension of the suspects were Officer Jason Ivison and Officer Darryl Streeter.

Genesee County Sheriff's deputies also assisted at the scene.

Bolles and Foels caught up with him on Graham Street and one of them deployed a Taser to help subdue the suspect. Cotter was transported by Mercy EMS to UMMC for evaluation.

Batavia PD said Morris and Cotter identified themselves as undercover police officers in an attempt to steal property.

At one point, a suspect reportedly told the victims that at least one of them was armed. No firearm was recovered. The type of weapon recovered was not identified by police.

The suspects were arraigned in City Court and jailed without bail.

March 23, 2017 - 2:43am
posted by Billie Owens in crime, batavia, news.

Batavia Police responded a few minutes ago to an apparent "home invasion" at a house on Swan Street after a resident called to report someone was breaking into the house. Upon arrival, an officer said a person was exiting the building.

A backup unit arrived immediately, and a person was said to be running eastbound on adjacent Graham Street, then south.

A police officer chased a suspect on Graham. A Taser was deployed and Mercy medics were then called to 4 Graham St. to evaluate that subject, who was in custody. 

The residence on Swan Street was checked and a second subject was arrested.

"Unknown property" was reportedly removed from the residence during the incident.

"The subject told the victim he had a gun. ... Nothing displayed," said an officer.

UPDATE 2:48 a.m.: The person who was tased is being transported to UMMC.

UPDATE 3:03 a.m.: The person arrested at the residence was apprehended on the second floor. Police say the pair possessed burglary tools and at least one weapon -- not a gun -- was recovered.

March 22, 2017 - 3:49pm
posted by Howard B. Owens in crime, batavia, news.
armstrongjeremymug2017.jpg
   Jeremy Armstrong

The suspect in a Dec. 2 shooting on Jackson Street has been indicted on a count of attempted murder by a Genesee County Grand Jury.

Jeremy R. "Boog" Armstrong, 26, of Batavia, faces six felony counts stemming from the incident which seriously injured a victim who has not been identified by authorities.

The counts also include assault in the first degree, criminal use of a firearm in the first degree, criminal use of a firearm in the third degree and two counts of criminal possession of a weapon in the second degree.

Armstrong was picked up earlier this month in East Hartford, Conn., on a warrant.

Police say Armstrong fired several shots at close range.

He allegedly shot a person while on Jackson Street and the two men reportedly knew each other.

According to sources, the victim suffered shoulder and chest wounds. He was treated first at UMMC and then transferred to ECMC.

Armstrong was located in East Hartford outside the residence of a family member, according to police. He was taken into custody without incident.

Individuals with information that may assist in the investigation are asked to call Det. Eric Hill (585) 345-6373, Det. Thad Mart at (585) 345- 6372, or the confidential tip line at (585) 345-6370.

March 22, 2017 - 11:49am
posted by Howard B. Owens in crime, batavia, news, byron, Oakfield.

Victor Michael Delatorre, 34, of West Main Street, Batavia, is charged with criminal mischief, 3rd. Delatorre allegedly damaged property of the Genesee County Jail.

Eric McWethy, 20, of Columbia Avenue, Batavia, is charged with loud muffler and unlawful possession of marijuana. McWethy was allegedly found in possession of marijuana during at traffic stop at 9:11 p.m. March 16 on Ellicott Street, Batavia, by Officer Chad Richards.

Keaira Sharee Jones, 25, of Jay Street, Rochester, is charged with unlawful possession of marijuana. Jones was a passenger in a vehicle stopped at 12:34 p.m. March 17 on Washington Avenue by Officer Frank Klimjack.

Cassi A. Schutt, 29, of West Crest Drive, Rochester, is charged with driving on a suspended registration, aggravated unlicensed operation, driving without insurance and failure to stop at sign. Schutt was arrested on a warrant for the listed charges. 

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with criminal obstruction of breaking and menacing, 2nd. Beardsley was arrested following a complaint of a domestic incident at 4:45 p.m. March 17 on Walnut Street, Batavia. He allegedly threatened a female with a knife and then choked her. He was jailed on $5,000 bail or $10,000 bond.

Shane K. Borton, 44, Chase Park, Batavia, is charged criminal contempt, 1st, and harassment, 2nd. Borton was allegedly involved in a physical altercation at 6:02 p.m. Saturday, which also violated an order of protection.

Donald Egan Jr., 26, of State Street, Seneca Falls, was arrested on a warrant. He was jailed on $1,000 bail.

Gangi Steven Perez, 21, of Bridge Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding, possession of alcohol in a vehicle, and unlawful possession of marijuana. Perez was stopped at 12:27 a.m. Saturday on West Main Street, Batavia, by Officer Arick Perkins.

Jamie L. Soto, 42, of Bank Street, Batavia, is charged with offering a false instrument for filing, 1st. Soto allegedly filed a sex offender change of address form with a false address. This is an additional charge added to previous charges.

Ifrah Mohammed Jajimusse, 38, of Main Street, Batavia, is charged with unlawful possession of marijuana. Jajimusse was allegedly found in possession of marijuana during at traffic stop at 8:25 p.m. Monday on West Main Street, Batavia, by Deputy Richard Schildwaster.

Jacob J. Russell, 21, of Walkers Corners Road, Byron, and Salvatore M. Schwable, of Weber Avenue, Oakfield, are charged with unlawful possession of marijuana. Russell and Schwable were in a vehicle stopped by members of the Local Drug Task Force and were allegedly found in possession of marijuana. Schwable was also found to have an arrest warrant of out Batavia Town Court for alleged petit larceny and criminal mischief.

March 21, 2017 - 6:07pm
posted by Billie Owens in crime, batavia, news, Le Roy.

A joint effort between the Le Roy Police Department, Genesee County Sheriff’s Office and City of Batavia Police Department led to the arrest today of a wanted fugitive who has been hiding from the law for months.

Oliver Thomas, 25, was wanted in connection to an alleged violent burglary and assault on residents on Central Avenue in the City of Batavia in October and also for allegedly failing to change his address in relation to the NYS Sex Offender Act. Thomas was located at 16 Pleasant St. in Le Roy.

The arrest came after a tip was received that Thomas was currently located at that address and upon investigating, the officers found Thomas and took him into custody without incident.

Thomas was transported to Batavia to face the charges.

He is charged with first-degree burglary and second-degree assault for the crimes alleged in the Central Avenue incident. Thomas served time in prison after he was convicted of rape in 2009 and is required to register as a Level 2 sex offender. 

March 21, 2017 - 4:17pm
posted by Billie Owens in crime, news, alexander, batavia.

On Feb. 27, an officer from the Attica Police Department responded to the Attican Motel, located at 11180 Route 98, Attica, for a report of a suspicious male outside room #101 yelling “Someone’s going to get murdered tonight” and “Everyone is going to die.”

Upon arrival at about 9:30 p.m., the officer met with the individual, Channing Ballinger. During the initial interview, Ballinger police say was irate and refused to comply with police directions. The officer attempted to conduct a mental health arrest of the subject when he began to physically attack the officer, pinning the officer to the ground, according to the police report.

During the struggle the officer was able get free from Ballinger and deploy a Taser. Ballinger was taken into custody with the assistance of deputies from the Wyoming County Sheriff Office, the Genesee County Sheriff Office and the New York State Police. Ballinger and the officers did not sustain any injuries. Ballinger was transported to the Wyoming County Community Hospital Emergency Department for mental health evaluation.

The 32-year-old is charged with: second-degree attempted assault on a police officer; resisting arrest; second-degree obstruction of governmental administration; fourth-degree criminal mischief; and disorderly conduct.

Ballinger has an extensive history of mental health disease and has open criminal charges in the Town of Batavia and Village of Warsaw. Upon Ballinger's release from the mental health unit on March 13, he was placed under arrest and arraigned in Attica Village Court on the charges cited above. Ballinger was then put in Genesee County Jail on $25,000, or $50,000 bond.

Ballinger was to reappear in the Town of Alexander Court on March 14. Channing Ballinger has a history of violence against law enforcement and hospital staff.

March 20, 2017 - 2:59pm
posted by Billie Owens in crime, news, Le Roy, batavia, Pavilion, byron.

Kristopher Martin Driffill, 37, of Norwich Drive, Rochester, is charged with fourth-degree grand larceny. Driffill was arrested at 2:46 a.m. on March 11 on Park Road in Batavia following an investigation into an incident in the Town of Batavia. The defendant allegegedly stole an amount of money exceeding $1,000 from another person at a local establishment. He was jailed in lieu of $5K cash or $10K bond and is due in Town of Batavia Court on April 11. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

Todd F. Smith, 51, of Bank Street, Batavia, is charged with second-degree harassment. Smith was arrested at 10:05 p.m. on March 13 at 122 Bank St., upper rear apartment, Batavia, following an investigation into an incident wherein he allegedly threatened a neighbor. He was issued an appearance ticket for March 21 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Cory Robert Lapp, 24, of Main Street, Attica, is charged with: DWI; DWI with a BAC of .08 percent or higher -- first offense; failure to yield the right of way when entering a roadway; and failure to use turn signal. At 2:18 a.m. on Union Street in Batavia, Lapp was arrested for DWI and the others charges. He was issued an appearance ticket for April 5 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Howard Wilson.

Samual D. Saxman, 19, of Sackett Road, Batavia, is charged with harassment and stalking in the fourth degree. At noon on March 19, Saxman was arrested for allegedly harassing and stalking another person on East Main Street Road, Batavia. He was arraigned in Town of Pembroke Court and released on his onw recognizance. He is due in Town of Batavia Court on April 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Kevin Forsyth.

Mark James Salven, 55, of Keeney Road, Le Roy, is charged with: DWI; DWI with a BAC of .08 percent or higher; operating a motor vehicle without inspection certificate; and driving left of pavement markings in a no-passing zone. At 4:57 p.m. on March 18, following a traffic stop on Keeney Road in the Town of Le Roy, Slaven was arrested for DWI. He was issued an appearance ticket for April 20 in Town of Le Roy Court. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Le Roy Police Officer Cameron Leight.

Zachary James Walsh, 23, of Route 237, Byron, is charged with operating a motor vehicle with a BAC of .08 percent or more, DWI, and failure to keep right. Walsh was arrested at 2:07 a.m. on March 18 on Walnut Street in Batavia following a traffic stop. He was allegedly found to have a BAC of .10 percent and subsequently was issued several appearance tickets for Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Andrew Hale.

George John Budzinack Jr., 37, of Augustine Street, Rochester, is charged with: first-degree aggravated operation; DWI; refusal to take breath test; consumption of alcohol in a motor vehicle; moving from lane unsafely; and unlawful possession of marijuana. At 9:19 p.m. on March 14, following the investigation of a single-car accident on Route 33 in the Town of Stafford, Budzinack was arrested for DWI and charged with offenses cited. He was issued an appearance ticket for March 21 in Stafford Town Court. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Cassidy Longhini.

Antonio Javier Santiago, 20, of Transit Road, Pavilion, is charged with second-degree harassment. The defendant was arrested at 11:33 a.m. on March 18 after a domestic dispute on Ellicott Street Road in Pavilion in which he allegedly grabbed a former girlfriend during an argument. He was issued an appearance ticket for April 11 in Pavilion Town Court. The case was handled by Genesee County Sheriff's Deputy Christopher Erion, assisted by Deputy Kevin McCarthy.

Richard L. Mosher, 50, of Zingarra Road, Conyers, Ga., is charged with driving while ability impaired by alcohol. He was arrested at 9:58 p.m. on March 14 on Alleghany Road, Pembroke, following a domestic incident on Route 77. He was arraigned in Town of Pembroke Court, then released on his own recognizance. He is due in Town of Pembroke Court on April 11. The case has handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Richard Schildwaster.

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with petit larceny. He was arrested at 1:54 a.m. on March 10 on West Main Street, Batavia, following a shoplifting complaint at Tops Friendly Market where several alcoholic beverages were stolen. He was arrested on scene, then released on an appearance ticket for March 21 in Batavia City Court. The case was handled by Batavia Felicia DeGroot, assisted by Officer Eric Bolles.

A 17-year-old resident of Holland Avenue, Batavia, is charged with petit larceny. The youth was arrested following a complaint at Speedway, located at 204 W. Main St., Batavia, about an incident at 11:40 p.m. on Feb. 7. The youth was released on an appearance ticket for April 14 in Batavia City Court. The case was handled by Batavia Police Officer Jason Ivison.

Rajea S. Thomas, 28, of Sutorius Drive, Rochester, turned himself in at Rochester Police Dpeartment on a Batavia City Court bench warrant for failing to appear on a charge of third-degree aggravated unlicensed operator. The defendant was released on an appearance ticket for March 22 in City Court. The case was handled by Batavia Police Officer Felicia DeGroot.

Ahdeosun R. Aiken, 18, of Ellicott Avenue, Batavia, had an active bench warrant out of City of Batavia Court for failure to pay a fine. The fine stemmed from an incident on Feb. 9, 2016 wherein it is alleged that Aiken damaged glass at the Batavia Centre City shopping mall. The defendant was arrested without incident on March 13. After arraignment, Aiken was released after paying part of his restitution at Genesee County Probation Department. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Jamie Givens.

Ghislaine Pena, 25, of Highland Park, Batavia, was arrested at 3:18 a.m. on March 11 on a bench warrant for failure to appear on an unspecified incident that occured on July 16. Pena posted $300 cash bail and was released on an appearance ticket for March 22 in Batavia City Court. The case was handled by Batavia Police Officer Eric Foels.

March 17, 2017 - 10:12am
posted by Howard B. Owens in crime, batavia, Alabama, news.

A 40-year-old Batavia resident is facing multiple tax fraud, grand larceny and forgery charges following a joint investigation by the State Police and the Department of Taxation and Finance.

A former caregiver who bilked two elderly patients out of more than $308,000 from 2006 to 2011 and eventually pled guilty to four felonies, was sentenced to prison and is now free, but she's finding it difficult to pay restitution.

Heidi L. Schollard was ordered to pay $500 a month when she was sentenced to the maximum possible term in August 2012, which was concurrent sentences of two-and-a-third to seven years on three of the felony convictions and one-and-a-third to four years on the fourth.

She pled guilty to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony.

She was released from prison Feb. 13 and was ordered to make her first $500 payment within 30 days of her release. She has so far failed to make any payment.

Public Defender Jerry Ader, representing Schollard in County Court yesterday, said Schollard only recently secured employment but will still find it difficult to make $500-a-month payments.

Apparently, while still in prison, Schollard petitioned the court for a modified restitution order, but that request was never acted on.

Whether the court can take action against Schollard was the point being argued in court yesterday and the reason for the hearing.

Ader's position was that based on statute since Schollard received the maximum possible prison sentence for her conviction, the County Court cannot impose new sanctions on her if she fails to meet the restitution requirements.  

Without the ability to impose new penalties, the court's only option, Ader said, is to make restitution a civil matter. The victims would need to seek restitution through civil, not criminal, courts. 

District Attorney Lawrence Friedman argued that since Schollard's sentence was concurrent and not consecutive, she didn't receive the maximum possible sentence under the law so therefore Judge Charles Zambito can take punitive action against Schollard if she fails to meet restitution demands.

Zambito said he wasn't going to rule on the issue from the bench and ordered both attorneys to file briefs in support of their positions laying out the legal arguments and case law to support their assertions.

The issue was scheduled for a further hearing at 1:30 p.m., April 10.

March 15, 2017 - 5:39pm
posted by Billie Owens in crime, news, Le Roy, batavia.

Rachel Ann Baehr, 30, of Linwood Road, Le Roy, is charged with third-degree assault. On March 15, at 1:25 a.m., Baehr was arrested following an investigation of a domestic incident that occurred at 9101 Linwood Road in the Town of Le Roy. She allegedly bit another person's face, causing them to bleed. Baehr was arraigned, then released under supervision of Genesee Justice. She is due back in Le Roy Town Court on April 20. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Ryan Young.

Richard Dean McKague Jr., 26, of West Main Street Road, Batavia, is charged with criminal possession of a weapon in the fourth degree. On March 14, at about 11:16 a.m., McKague was arrested for allegedly possessing a Kung Fu Star during a probation home check. He was issued an appearance ticker for April 11 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Cummings.

March 15, 2017 - 12:24pm
posted by Howard B. Owens in crime, batavia, news.

cvs_larceny_photo.jpg

The person in the photo is wanted by Batavia PD for questioning in the theft of merchandise from the CVS store on West Main Street, Batavia.

Several items were stolen at approximately 10:15 a.m., Monday.

The person of interest is described as 5' 10" and wearing a baseball cap, dark boots, dark blue jeans, and a black Carhartt-style jacket.

Tips: Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

March 14, 2017 - 2:14pm
posted by Howard B. Owens in crime, batavia, Stafford, news.

James Pontillo, who operates a residential rental company in the city, agreed to a plea deal today over an allegation that he falsified business records related to a residence he was operating as a rental after his sister died.

The 49-year-old Stafford resident entered a guilty plea to second-degree falsifying business records, a misdemeanor, and faces up to a year in jail when sentenced.

He also agreed to pay $2,550 in restitution.

The plea satisfies several initial charges, including forgery and grand larceny.

Fred Rarick, attorney for Pontillo, previously explained to The Batavian that the charges stemmed from a dispute over how Pontillo handled the estate of his late sister, who died in 2012. Pontillo was accused of providing false information to Pathstone on paperwork related to Section 8 housing.

March 14, 2017 - 11:24am
posted by Howard B. Owens in crime, batavia, pembroke, news.

John Eric Jaszko Jr., 31, of Kelsey Road, Batavia, is charged with DWI, leaving the scene of a property damage accident, refusal to take breath test, driving left of pavement markings, inadequate headlamps. At 12:50 a.m., Deputy Ryan Young discovered at property damage accident at 3599 Galloway Road where a fire hydrant was sheared off and laying by the side of the road. There was no vehicle around. Young followed tire tracks in the freshly fallen snow and the tracks led him to Jaszko's home. After a brief investigation, Young determined that Jaszko had been the driver of the vehicle and that he had allegedly been driving drunk. Deputy Eric Meyer and Sgt. John Baiocco assisted in the investigation.

Sean Aldwyn Jr., 24, of Starling Street, Rochester, is charged with unlawful possession of marijuana. Deputy Richard Schildwaster reported detecting the odor of marijuana following a traffic stop at 5:48 p.m. Saturday on Park Road. Following a vehicle search, a quantity of marijuana was allegedly found in the vehicle.

Salvatore Michael Schwable, 19, of Webber Street, Oakfield, is charged with unlawful possession of marijuana, unlicensed operator, and inadequate headlamp. Schwable was stopped at 10 p.m. Sunday on Route 77, Pembroke, by Deputy Cassidy Longhini.

March 14, 2017 - 11:08am
posted by Howard B. Owens in crime, batavia, news.
mug2017aguayo.jpg
      Leonard Aguayo

A Rochester resident has been arrested a second time on a drug-dealing charge, this time while sitting in jail on the first arrest.

Leonard E. Aguayo, 30, of Affinity Lane, Rochester, allegedly sold a quantity of crack cocaine to an agent of the Local Drug Task Force at a location in the city last month.

He was arrested at the end of February following a traffic stop by members of the Local Drug Task Force when he was allegedly found in possession of more than a half ounce of crack cocaine with an estimated street value of $4,000, a quantity of marijuana and cash. 

In November, Aguayo was arrested in Genesee County following a traffic stop on Route 33 in Byron and charged with unlawful possession of marijuana.

The new arrest is on charges of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

He is being held in the Genesee County Jail without bail.

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