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June 28, 2016 - 9:21am
posted by Howard B. Owens in crime, batavia.
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      Randolph Zickl

Story updated with more information at 10 a.m.

One of Genesee County's most widely respected and prominent attorneys has been arrested for allegedly stealing $75,000 from an elderly client over a period of two years.

Randolph Zickl, 81, is charged with one count of grand larceny in the second degree.

Det. Todd Crossett said this morning that the investigation began in September with a complaint from a family member of the alleged victim. Crossett said the family member noticed some bank transactions "that didn't look right."

The alleged transactions, transferring funds from the elderly person's account into Zickl's account, were carried out during a period in which Zickl was not representing the client and should not have had access to the bank accounts, Crossett said.

Until a few weeks ago, Zickl was in charge of the county's Office of Legal Assistance. The office is in charge of handing out assignments to defense attorneys on cases that can't be handled -- usually because of a conflict of interest -- by the Public Defender's Office.

Ray Cianfrini, chairman of the County Legislature, said the Legislature received a letter of resignation from Zickl several weeks ago, but Cianfrini was not made aware until this morning that there was a pending legal case against Zickl.  

The Legislature appointed Mike Rivers to replace Zickl.

Zickl is the father of two attorneys in the District Attorney's Office, Robert Zickl and William Zickl.

The prosecution of Randolph Zickl is being handled by the Erie County District Attorney's Office and he was arraigned on the charge by a judge from Erie County.

June 27, 2016 - 7:09pm
posted by Billie Owens in crime, news, batavia, Oakfield.

Andrew L. Kosiorek, 44, no permanent address, Batavia, was arrested at 1:46 a.m. on June 20 as the result of an investigation into suspicious activity (an individual looking into vehicles) in the area of Ross Street, Manhattan Avenue, and Farwell Drive. He is charged with criminal possession of stolen property, 5th, and jailed on $5,000 cash or $10,000 bond. He was scheduled for City Court on June 23. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels. The defendant subsequently received an additional count of criminal possession of stolen property, 5th, after another victim reported that property was stolen from her vehicle on Ross Street in the city. In this count, Kosiorek allegedly possessed perfume and grooming products belonging to the victim. He was issued an appearance ticket for Batavia City Court on June 28. He is currently incarcerated in Genesee County Jail on similar charges. He was previously arrested after allegedly being found in possession of a large amount of property that had been stolen from several vehicles throughout the city overnight. The latest case was handled by Batavia Police Officer Jason Ivison. In another arrest report, he is charged with fifth-degree criminal possession of stolen property after allegedly being found on Elm Street in possession of multiple stolen items. That case was handled by Officer Wojtaszczyk, assisted by Officer Thad Mart.

Paula G. Pierce, 24, of Wood Street, Batavia, is charged with second-degree harassment and endangering the welfare of a child. She was arrested following an incident at 3:30 p.m. on June 23 in which she allegedly forcefully pulled a 9-year-old child from a vehicle parked on Wood Street. She allegedly did so because of comments the 9-year-old reportedly made toward her child. She is due in City Court on July 12. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

David M. Ross, 47, of Franklin Street, Batavia, is charged with criminal mischief, 4th, and second-degree harassment. Ross was arrested following a dispute over the ownership of a vehicle. At 2:06 p.m. on June 20, Ross allegedly physically removed the victim from the vehicle and damaged a window in the process. He was arraigned in City Court June 21, then released. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Jason Ivison.

Daniel Wayne King, 23, Nickolas Andrew Marotta, 19, Kyle Lee-Maddison Michaels, 18, Madison Alyssa Scheuerlein, 18, all of Batavia, and 18-year-old Salvatore Michael Schwable, of Oakfield, were arrested at 3:30 a.m. on June 25 following the investigation of a trespassing complaint at the Rolling Hills Asylum in East Bethany. They were all allegedly trespassing on the grounds of the asylum. They were issued appearance tickets for Town of Bethany Court on July 19. The case was handled by Sheriff's Deputy Chad P. Cummings and Deputy Eric J. Meyer.

Joshua Herman Worrells, 29, of Dewey Avenue, Rochester, is charged with driving while intoxicated, aggravated driving while intoxicated, failure to stop at a stop sign, and moving from lane unsafely. At 1:54 a.m. on June 26, Worrells was stopped on Sumner Road in Darien for allegedly failing to stop at a stop sign and moving from the lane unsafely. Following an investigation, the defendant was arrested for driving while intoxicated and for allegedly operating a motor vehicle with a BAC of .08 or higher, in addition to the traffic violations. He was released on appearance tickets for Town of Darien Court on July 12. The case was handled by Sheriff's Deputy Ryan Young, assisted by Deputy Jason Saile.

Andrei P. Sliker, 25, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument. He had an active warrant out of the City of Batavia for failing to appear on vehicle and traffic law violations. On June 21, he was observed by Officer James DeFreze on Ellicott Street and taken into custody without incident, at which time he was allegedly found to be in possession of a hypodermic needle. While at BPD Headquarters, he was also allegedly found to be in possession of a controlled substance. Silker was arrested on the new charges at 10:59 a.m. He was jailed on the bench warrant in lieu of $300 bail. He is scheduled to be in City Court on July 21. The case was handled by Officer DeFreze, assisted by Officer Frank Klimjack.

Shawn M. Twardowski, 33, no permanent address, Batavia, is charged with trespass and resisting arrest. The defendant was arrested on June 21 following an incident at 218 State St., Room #3. Twardowski had previously been advised by poluice and the property manager at that location that he was not allowed to be there and if he failed to comply he would be subject to criminal prosecution. He allegedly went there despite the warnings and police responded and allegedly found him on the premises. As officers attempted to take him into custody, a struggle ensued and the defendant allegedly made several attempts to pull away from the officers. He was jailed in lieu of $1,000 bail and was due back in court on June 23. The case was handled by Batavia Police Officer Chad Richards, assisted by Sgt. Christopher Camp.

Cindylou Oppel, 60, of State Street, Batavia, is charged with obstructing governmental administration. On June 21 at 8:23 p.m., Batavia PD responded to 218 State St. for a report of trespass in progress. They arrested Oppel when she allegedly obstructed police from affecting the arrest of Shawn M. Twardowski. Oppel is due in City Court on June 28 to answer the charge. The case was handled by Batavia Police Officer Arick Perkins, aasisted by Officer Chad Richards.

Jennifer L. Stack, 30, of South Main Street, Batavia, is charged with first degree criminal contempt. On June 26, Stack was arrested following an investigation wherein she allegedly violated an order of protection on June 24. She was put in jail and was due in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Nicholas D. Martino, 35, of Main Street, Alexander, is charged with aggravated unlicensed operation. He was arrested at 9:27 p.m. on June 24 following a traffic stop on South Main Street in the city. He was found to be allegedly operating a vehicle while his NYS driver's license was suspended. He was jailed with bail and was due in City Court this afternoon. The case was handled by Batavia Police Officer Mitchell Cowen.

Noah David Herrick, 19, of Fairlea Drive, Rochester, is charged with trespass. Herrick was arrested at 8:40 p.m. on June 23 for allegedly trespassing at Buttermilk Falls. He was issued an appearance ticket for July 18 in Le Roy Town Court. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy James Diehl.

Amanda R. Traynor, 28, of Eagle Street, Mt. Morris, is charged with failure to appear. She was located by the Geneseo Police Department during a traffic stop. She had an active warrant for failure to appear on previous traffic offenses. She was turned over to Batavia PD, jailed and released after posting $300 bail. She was issued an appearance ticket for City Court on July 5. The case was handled by Batavia Police Officer Felicia DeGroot.

June 25, 2016 - 3:16pm
posted by Billie Owens in crime, news, Le Roy, batavia.

Brendan Gregory Klish, 20, of Big Tree Street, Livonia, is charged with trespassing. He was arrested at 8:43 p.m. on June 23 for allegedly being located on posted private property on Lake Street Road in Le Roy. He was issued an appearance ticket returnable to Town of Le Roy Court on July 18. The case was handled by Sheriff's Deputy Ryan DeLong.

Nora Jane Barnhart, 18, of Rochester Road, Lakeville, is charged with trespassing. She was arrested at 8:43 p.m. on June 23 for allegedly being located on posted private property on Lake Street Road in Le Roy. She was issued an appearance ticket returnable to Town of Le Roy Court on July 18. The case was handled by Sheriff's Deputy Ryan DeLong.

A 17-year-old of Rochester Road in Lakeville is charged with trespassing. The youth was arrested at 8:43 p.m. on June 23 for allegedly being located on posted private property on Lake Street Road in Le Roy. The defendant was issued an appearance ticket returnable to Town of Le Roy Court on July 18. The case was handled by Sheriff's Deputy Ryan DeLong.

Zachary David Lloyd Duigan, 21, of Pringle Avenue, Batavia is charged with petit larceny. Following the investigation of a shoplifting complaint on June 20, Duigan was arrested for allegedly stealing a flat-screen TV from a department store on Veterans Memorial Drive. He was released with an appearance ticket for Town of Batavia Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

James Michael Dixon, 25, of North Spruce Street, Batavia, is charged with petit larceny. Following the investigation of a shoplifting complaint at 8:22 p.m. on June 22, Dixon was arrested for allegedly stealing from a department store on Veterans Memorial Drive. He was released with an appearance ticket for Town of Batavia Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

June 24, 2016 - 12:17pm
posted by Billie Owens in crime, news, Alabama, corfu.

Brandon W. Benben, 26, of Basom, was arrested June 21 and charged with: two counts of criminal possession of a controlled substance, seventh, a Class A misdemeanor; operating a motor vehicle while using a mobile telephone; failing to use designated lane; and driving across hazard markings. An investigation revealed Benben lost control of his 2008 Pontiac Grand Am while he was looking down while operating his cellphone southbound on Alleghany Road. Benben exited the west shoulder of the roadway, struck a mailbox at the end of a driveway culvert, causing him to flip over onto the roof, coming to rest in the southbound lane of Alleghany Road. Benben sustained a minor non-life-threatening injury that required no EMS. While looking inside the vehicle, Troopers allegedly observed a hypodermic needle in plain view. Investigation allegedly revealed multiple open/empty heroin packets, hypodermic needles, three diazepam pills, and a bundle of 10 unopened packets of suspected heroin in individual plastic baggies. Benben was issued an appearance ticket returnable to the Town of Alabama Court on June 28. He was also issued uniform tickets returnable on July 12.

Douglas E. Love, 51, of Corfu, was arrested at 10:38 p.m. on June 23, after a distrubance on West Main Street in Corfu. Love is charged with two counts of criminal obstruction of breathing and two counts of second-degree harassment and put in Genesee County Jail. Love is scheduled to return to Corfu Village Court on July 11. Corfu Police Officer Michael Petritz handled the case and was assisted by Officer Richard Retzlaff.

June 24, 2016 - 11:58am
posted by Billie Owens in crime, batavia, news.

Guadalupe Hernandez (AKA Guadalupe Hernandez II, AKA Guadalupe Hernandez III) is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that Hernandez, having been released from custody or allowed to remain at liberty by order of the Genesee County Court, either upon bail or upon his own recognizance, on the condition that he was subsequently appear in connection with a felony charge against him, did not appear personally on the required date of Feb. 14, 2012, or voluntarily within 30 days thereafter.

Shentelle C. Gagnon is indicted for petit larceny, a Class A misdemeanor. Gagnon is accused of stealing property from Walmart in Batavia on Jan. 23. In count two, she is accused of promoting prison contraband in the first degree, a Class D felony. On Jan. 23, she allegedly knowlingly and unlawfully introduced dangerous contraband into a detention facility -- the Genesee County Jail. In count three, Gagnon is accused of fourth-degree grand larceny, a Class E felony. It is alleged that on April 24, she stole property witha value in excess of $1,000 from Walmart in Batavia. In count four, Gagnon is accused of another count of petit larceny. It is alleged that on April 25, she stole property from Walmart in Batavia. In count five, she is accused of a third count of petit larceny, for allegedly stealing property from Walmart in Batavia on April 30.

Donald R. Rock is indicted for driving while intoxicated, as a Class E felony. On March 5, in the Town of Batavia, is is alleged that Rock drove a 2004 Chevrolet on Kelsey Road while intoxicated. In count two, he is accused of driving while intoxicated per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In Special Informatiopn filed with the indictment by District Attorney Lawrence Friedman, Rock is accused of having been convicted of felony driving while intoxicated on Aug. 23, 2007, in Genesee County Court, which is within 10 years of the crimes alleged in this indictment.

June 23, 2016 - 5:48pm
posted by Billie Owens in news, crime, pembroke, batavia.

Alissa Ashley Fodge, 26, of Clifton Avenue, Batavia, is charged with first-degree introduction of dangerous contraband into prison, a Class D felony. At 3:20 p.m. on June 22, Fodge was arrested for allegedly promoting prison contraband. Correction Officer Jenna Barber allegedly found a crack pipe in Fodge's purse while Fodge was being processed into the jail. She was arraigned in Batavia Town Court and jailed on $2,500 bail. Fodge is due in Batavia City Court on June 29. The case was handled by Sheriff's Deputy Kevin Forsyth.

Laverne Denicco Brown, 43, of Albert Drive, Rochester, is charged with aggravated unlicensed operation in the first degree, a Class E felony, unlicensed operator, driver's view obstructed and obstructed plate. At 11:08 a.m. on June 21, Brown was stopped on Route 77 in the Town of Pembroke for vehicle and traffic violations. Her driver's license was found to be revoked and she had 22 scoffs/suspensions and 19 suspensions on 10 dates. She was arrested and released and is due in Town of Pembroke Court on July 12. The case was handled by Sheriff's Deputy Patrick Reeves.

Jason Fredrick Cecchini, 41, of Fruit Avenue, Medina, is charged with unlawful possession of marijuana, driver's view obstructed, and obstructed/covered plate. He was stopped at 1:17 p.m. on June 21 on Route 77 in the Town of Pembroke for vehicle and traffic violations. Cecchini was subsequently allegedly found to be in possession of marijuana. The defendant was issued a traffic summons and an appearance ticket for July 14 in Town of Pembroke Court. The case was handled by Sheriff's Deputy Patrick Reeves.

Shelly Marie Dutton, 44, of Pringle Avenue, Batavia, is charged with petit larceny. She was arrested at 5:51 p.m. on June 22 following a shoplifting complaint alleging that she stole a tool from a department store on Veterans Memorial Drive in Batavia. She was released with an appearance ticket for Batavia Town Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

Zachary David Lloyd Duigan, 21, of Pringle Avenue, Batavia, is charged with petit larceny. He was arrested at 5:51 p.m. on June 22 following a shoplifting complaint alleging that he stole a tool from a department store on Veterans Memorial Drive in Batavia. He was released with an appearance ticket for Batavia Town Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

June 23, 2016 - 2:45pm
posted by Julia Ferrini in Wyoming County, crime, batavia, Attica.

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Charlene Mess was sentenced today to 25 years in prison for the death of her husband Douglas Mess. The sentence was handed down in Wyoming County Court this morning, 14 months after Doug’s body was found stabbed, shot and buried in a manure pile on the farm the couple owned and worked in Attica.

On April 21, 2015, Charlene was charged with: murder in the second degree, a Class A felony; criminal use of a firearm in the first degree, a Class B felony; assault in the first degree, a Class B felony; assault in the second degree, a Class D felony; tampering with physical evidence, a Class E felony; offering a false instrument for filing in the first degree, a Class E felony; and making a punishable false written statement, a Class A misdemeanor.

On April 28, she pled guilty to manslaughter in the first degree.

Charlene stood, with the help of Assistant Public Defender Greg Kilburn, when asked if she would like to speak before the judge imposed her sentence.

She stood mute.

District Attorney Donald O’Geen reflected on the point, saying that that “reflects the nature of her mind.”

“In a murder case, you don’t ever expect anyone to not at least have remorse, or show some sort of compassion,” O’Geen said. “She refuses to acknowledge what she did. She couldn’t even say she was sorry to the family.”

“You admitted to killing Douglas Mess, the father of your three children,” said Judge Michael Mohun during sentencing. “You caused his death with a gunshot wound to the head. You took him, trussed by rope, to a manure pile and buried him. Law enforcement was told you had no knowledge of his whereabouts...The death of Douglas Mess resonates with the community...with the children that lost their father. The court sentences you to 25 years in prison with five years post-release supervision for the death of Douglas Mess.”

Her face bore an expressionless mask, which a curtain of lomg white hair partially obscured. She walked in with shackles secured around her ankles tethered by chains to the handcuffs around her wrists. In the rows of seats behind her, the hushed murmurs of family and friends of Doug rippled throughout the courtroom in tense anticipation. 

Those affected by the death of the 52-year-old farmer were given an opportunity to address the court prior to sentencing. Laura Scott, Douglas’s older sister, took to the podium.

“The day I got the call, my gut instinct was ‘What did she do?’ But I told myself not to jump to conclusions,” Scott said. “Doug was a good man, a good-hearted and easy-going person. He wouldn’t hurt anyone, especially his sons. It’s been a rough year. They lost their father to a murder and the most difficult part was that their mother did it.

“You had an opportunity to save Doug’s life after you hit him with the pitchfork. You didn’t have to shoot him.”

Scott went on to tell the court about Charlene’s “fits of rage” and “viciousness” toward her sons. 

“I have heard more about the abuse you inflicted on my brother after his murder. Doug would never hit you. Your upbringing made you into the hateful monster that you are. You have no guilt to what you have done. It is horrifying what you’ve done. My brother said you were unfaithful and you had the nerve to be mad?

“I miss my brother’s humor...his bear hugs. I wish he told me, his big sister, the pain that was going on in his life. You are a danger to your sons. I wish you were locked away forever. I ask that you (the court) impose the maximum sentence.”

Thomas Stroud, a good friend to Doug, spoke next.

“The question that has haunted me for the past year is why? Why was it necessary to take his life? Why take a father, brother, uncle, coworker, neighbor...a dear and loyal friend? He gave some much of himself to others. You took so much from so many. Only Charlene and God really knows what happened that night in the barn, everyone else is left with the results, and the boys are left with the financial and emotional impact put on (them) by their own mother.

“Doug’s murder affected both the family and the community,” Stroud said. “Someday Charlene will stand before another judge and she will have to ask God for His mercy and grace. She needs to ask for forgiveness.”

Charlene sat at the defense table with her head hung down, silent, blank, seemingly showing no impact of what Stroud and Scott had to say.

“She definitely loved her animals, so much so that she killed her husband,” O’Geen said. “Shortly before his death, Doug was looking into filing for divorce. He was sick of her alcoholism, her abuse, her lack of help on the farm. The divorce would have caused her to lose her animals and she couldn’t take that.”

The DA went on to outline the events of the evening of April 19, 2015:

Charlene Mess struck Doug three times in the chest with a pitchfork. All of his injuries were incurred while he was alive. She wasn’t in any danger. After he was knocked unconscious, she went to the house, got her gun, put bullets in the gun, went back out into the barn, placed the gun to the back of Doug’s head and shot him. 

She then bound his hands and tied his feet together, she dragged him out of the barn with one of their tractors. She then moved the body with a skidster to the manure pile and buried him. She knew that manure would decompose a body quick. She wanted him to decompose quick so no one would find him. After burying him, she continued on with her chores. Next, she created and fostered a missing persons story.

She went to bed, got up the next day and went about her chores. 

Their son Doug called 9-1-1 April 20 to report his father missing after he failed to show up for work. 

At the same moment she was being interviewed by State Troopers, the whole family was worried about Doug. She was telling the troopers....she said Doug had received a call from his employer Baskin’s Livestock (April 19), left the house and got back around 5 p.m.. She said she was doing her chores and thought Doug was in the lower barn. She went into the house to do some work, came back out to continue milking then went to bed. She had said Doug had not gotten home yet. 

She got up the next morning (April 20) and went about her day. She let the ruse play out for hours while everyone was out looking for him. She didn’t think anyone would find him. He was found – dead, buried in a pile of manure.

“Her behavior from the beginning has been a complete acting job,” O’Geen said. “She faked the childlike behavior. She faked the shaking. She faked it when she was interviewed by two different psychologists. In the probation report, it states that the act was calculated and planned and recommended the maximum sentence of 25 years. The defendant had difficulty putting animals down, yet she had no issue with taking a human life. The District Attorney’s Office asked for a 25-year sentence for the cold, calculated killing of Douglas Mess.”

Defense Attorney Public Defender Greg Killburn asked the court to look at the whole of Charlene’s life. 

“She has worked hard all her life. She’s a law-abiding, hard-working woman. But below the surface there was tension building. Months before the incident she told her doctor that she felt like she was going to explode. The evidence doesn’t show that it (the murder) was planned...that day, the pressure just exploded. We ask that you impose a sentence that represents her life as a whole and ask for the court’s mercy.”

When Mohun handed down the sentence he offered no mercy. An audible sound of gratitude emanated from the courtroom. He told Charlene she took away “a father, a brother, friend and a community member.”

“The sentence was what we had hoped for,” O’Geen said. “It was a horrific crime. Charlene went through extensive measures to hide the body intentionally to get rid of it quickly. When he couldn’t defend himself, she got the gun. The coroner’s report states that the gun was in close contact with his head. She claimed it happened because Doug grabbed her. There was no evidence to suggest violence from him.

"Yes, they may have argued about her alcoholism and not doing her job, but there is nothing to suggest that Doug was violent toward Charlene. The evidence shows that he was abused by her. He wanted out of an abusive relationship. Based on the evidence, the one constant was with animals. It’s interesting that animals were more important than a human life.”

See related: Charlene Mess admits to killing her husband Douglas Mess

UPDATE 7:20 p.m.: In a statement released by the DA's Office, O'Geen said, "I want to thank the members of the New York State Police, especially the major crime unit, for leading this investigation; along with assistance from members of the Wyoming County Sheriff’s Office, the Attica Fire Department, Wyoming County Emergency Management, the Coroner’s Office and the many others who helped bring the Mess family justice in this case. 

"In cases like this, collaboration of resources and cross-agency cooperation is key to the final result. This sentence will not bring Doug back to his family but at least it will keep his killer away from society for a very long time. The family will now go forward remembering Doug as a hardworking, gentle and kind man who was always there for his family and community. I wish them all strength during this difficult time.” 

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June 22, 2016 - 4:51pm
posted by Billie Owens in crime, news, batavia, Le Roy, Pavilion.

Tera M. Williams, 43, of South Main Street, Batavia, is charged with second-degree harassment. She was arrested at 8:32 p.m. on June 17 following an altercation on South Main Street in which she allegedly struck another female in the face. Williams was issued an appearance ticket and is due in Batavia City Court on June 28. The case was handled by Batavia Police Officer Mitchell Cowen.

Clay Austin Fisher, 18, of Junction Road, Pavilion, is charged with attempted assault in the second degree. At 11:10 a.m. on June 21, the defendant was arrested after allegedly attempting to strike the victim with a dangerous instrument during a domestic dispute. He was arraigned in Pavilion Town Court and released under supervision of Genesee Justice. He is due in Pavilion Town Court on July 5. The case was handled by Sheriff's Deputy Robert Henning, assisted by Deputy Bradley Mazur.

Christina M. Strang, 41, was arrested for aggravated driving while intoxicated and operator leaving the scene of a property damage accident after she allegedly hit a parked car on Garibaldi Avenue in Oakfield, moving it approximately 15 feet from its location. Strang failed the SFSTs administered to her after Troopers detected the odor of alcoholic beverage emitting from her. Strang was transported to SP Batavia where she registered a .19 percent BAC, over twice the legal limit. Strang is scheduled to appear in the Town of Oakfield Court on June 27.

Christopher W. Muhs, 20, was arrested for aggravated driving while intoxicated, speeding and failing to notify of address change after he was stopped on State Route 19 in the Town of Pavilion. Troopers detected the odor of alcohol emitting from his breath. Muhs failed the SFSTs and was placed under arrest. He was transported to SP Batavia where he registered a BAC of .32 percent, four times the legal limit. Muhs was issued an appearance ticket and uniform traffic tickets returnable to the Town of Pavilion Court on June 28.

Jennifer R. Murray, of 2178 W. Henrietta Road, Rochester, was cited for following too closely following a rear-end accident at 7:21 a.m. today at 7988 Route 19 in Le Roy. According to the police accident report, a 2008 Honda pickup truck was stopped on Route 19 in order to make a left turn onto North Road, when another vehicle that was directly behind it, went around the pickup on the west shoulder. Murray, who was southbound in a 2002 Subaru, did not see the stopped vehicle in time and rear-ended it, according to a witness. The accident report was made by Sheriff's Deputy Joseph Loftus.

June 21, 2016 - 7:36pm
posted by Howard B. Owens in crime, batavia.
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      James Pontillo

James D. Pontillo, 48, of Griswold Road, Byron, is charged with offering for file a false instrument, 2nd, grand larceny, 4th, falsifying business records, 1st, and forgery, 2nd.

Pontillo, who is the recorded owner of nine pieces of property in the City of Batavia, is accused of falsely portraying himself as the owner of a multi-dwelling property in the city and of filing documents indicating he was the owner and of collecting benefits from the State of New York.

Following arraignment in City Court yesterday, Pontillo was released without bail.

Previously:

June 21, 2016 - 6:53pm
posted by Howard B. Owens in crime, batavia, news.
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      Bradley J. Broadbent

A 36-year-old Hutchins Street resident with a long history local of drug-related arrests, most notoriously in 2012 when he got caught up in synthetic drug use, leading to bizarre behavior, has been arrested in two counties for allegedly selling heroin.

Bradley J. Broadbent is accused of selling heroin to a fellow inmate in the Genesee County Jail and of selling heroin to an agent of the Wyoming County Local Drug Task Force in Perry.

In Genesee County, Broadbent is facing charges of criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st.

In Wyoming County, he is charged with criminal sale of a controlled substance in the 4th and 5th degrees and criminal possession of a controlled substance in the 4th and 5th degrees.

Also arrested with Broadbent in Batavia, following an investigation by the Local Drug Task Force, was Ryan M. Bobzin, 27, of West Bergen Road, Bergen. Bobzin is charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. 

The transaction allegedly took place April 24 after both Broadbent and Bobzin were incarcerated on unrelated charges. Broadbent is accused of smuggling the heroin into the jail.

Both men were arraigned in City Court and Broadbent was ordered held on no bail and Bobzin was released on his own recognizance.

Broadbent was ordered held on $100,000 in Wyoming County, where he is currently incarcerated. 

In 2012, during the summer of bath salts in Batavia, Broadbent made the news for climbing on the roofs of houses on Hutchins Street after rampaging through a commercial building on Liberty Street.

Prior to his March 6, 2013 sentencing on convictions stemming from those events, Broadbent approached a reporter in the courtroom and talked about how he wanted to turn his life around and he apologized to the community for his behavior.

Later, during sentencing, he told Judge Robert C. Noonan, "I'm never going to be behind this table again, your honor."

He also told Noonan, "I've been in jail almost my whole life. I know with my record, saying I'm sincerely sorry is hard to take seriously, but I am sorry. This is the last time I'm ever going to be at this table, your honor, regardless of what you sentence me to."

Broadbent was convicted in a jury trial of misdemeanors and Noonan sentenced him to two one-year sentences to be served consecutively.

Noonan told Broadbent at the sentencing that he hoped he could turn his life around.

"You're a poster child for why bath salts had to be banned," Noonan said. "The evidence of your behavior in this trial was nothing short of bizarre, and not only in terms of what you did, but what you were able to do with almost superhuman feats while under the influence of those substances."

June 21, 2016 - 2:32pm
posted by Billie Owens in crime, news, batavia.

A 17-year-old female and a 17-year-old male were arrested at 5:26 p.m. on Wednesday, June 15, at Kibbe Park in Batavia and charged with public lewdness. They were allegedly engaged in a sexual act with each other while in a vehicle in a public park. They were each issued appearance tickets and are due in City Court at 1 p.m. on Tuesday, June 28. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Mitchell Cowen.

Michael J. Difalco, 28, of South Main Street, Batavia, is charged with second-degree harassment and criminal obstruction of breathing. It is alleged that at 12:10 a.m. on June 18, Difalco was involved in a domestic incident with a female in the City of Batavia and that he harassed the victim physically and obstructed her breathing by applying pressure to her neck. He is scheduled to be in City Court this afternoon. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Eric Foels.

James D. Liotta, 33, of 551 Brooktondale Road, Brooktondale, is charged with felony unlicensed operation, misdemeanor driving while intoxicated, and driving with a BAC of .08 percent or more, also a misdemeanor. He was arrested at 8:18 a.m. on June 18 on Route 77 in the Village of Corfu. He was stopped for driving a motor vehicle while using a cell phone without free hands. He was allegedly found to be intoxicated with a BAC of .16 percent and it was found that his operating privileges were revoked for two prior DWI arrests. Liotta was also found to be wanted out of Orleans County. He was jailed without bail and a detainer from Orleans County was forwarded to the GC Jail for the suspect. The case has handled by Village of Corfu Police Officer Gene Nati, assisted by GC Sheriff's Deputy Lonnie Nati.

David T. Latterell, 27, of Norris Drive, Rochester, is charged with passing a red light, aggravated unlicensed operation, 2nd, and operating a motor vehicle without an interlock device. At 8:21 p.m. on June 14, Latterell was arrested on these charges on West Main Street after he allegedly ran a red light while traveling eastbound on Main Street at Ellicott Street. He allegedly knew his NY driver's license was revoked and that he was supposed to have an interlock ignition device on any vehicle he operated, which he did not have. He is due in court on June 29. The case was handled by Batavia Police Officer Jamie Givens.

Bryan H. Fetterly, 30, of Route 350, Macedon, was taken into custody by Batavia BD on June 14 after he was picked up by Ontario County Sheriff's deputies on a bench warrant issued by Batavia City Court for failure to comply. He was jailed on $2,000 cash bail or $4,000 bond and is due in City Court on Wednesday. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Timothy M. Ridgway, 34, of Elm Street, North Valley, is charged with violation of probation. He was arrested by GC Probation and turned over to Batavia PD. He was jailed on $5,000 bail and was due in court June 14. The case was handled by Batavia Police Officer Stephen Cronmiller.

Malachi M. Chenault, 19, of State Street, Batavia, is charged with unlawful possession of alcohol, with intent to consume, by a person under age 21. Chenault was arrested at 1:49 a.m. on June 11 and is to be in City Court this afternoon. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Peter Flanagan.

Brandon P. Armstrong Sr., 27, of Harvester Avenue, Batavia, is charged with failure to appear. Armstrong turned himself in on a bench warrant on June 9, which was issued after he failed to appear in City Court on traffic violations. He was released and is due in court on July 13. The case was handled by Batavia Police Officer Jason Davis.

June 20, 2016 - 3:53pm
posted by Howard B. Owens in crime, batavia.
      Kyle Ratulowski

A 20-year-old Batavia resident will get a second chance as the result of a plea deal stemming for a pair of alleged burglaries of a family member's home if he can successfully complete substance abuse treatment.

Kyle Robert Ratulowski entered guilty pleas today to burglary, 2nd, and grand larceny, 4th, with the understanding that if he successfully completes the program, he will be given a chance to withdraw his guilty plea on the burglary charge and receive a probationary sentence on the grand larceny charge.

Ratulowski is currently in county custody, held without bail, while awaiting a "bed-to-bed" transfer to a drug treatment facility.

A bed at the facility should open within a week.

Interim Judge Michael Pietruszka told Ratulowski that if he washed out of the program, he would be looking of a possible maximum prison sentence of 15 years.

Ratulowski was arrested in April and accused of breaking into a home on Clinton Street, Batavia. He allegedly took a wallet containing a debit card. He told the court that he did not use the debit card. If there is a claim for restitution, Ratulowski will be required to pay it.

Sentencing is set for 1:30 p.m. on Aug. 16.

June 20, 2016 - 2:54pm
posted by Billie Owens in batavia, crime, news.

Press release:

The Batavia Police Department is currently investigating larcenies from vehicles in the northeast section of the city, including but not limited to: Vine Street, Farwell Drive, Ross Street and Manhatten Avenue.

An arrest has been made with regard to this incident and property has been recovered.

If you discover that a larceny has occurred from your vehicle or other location, please contact Officer Matt Wojtaszczyk at Batavia PD. Phone 345-6350.

June 20, 2016 - 1:18pm
posted by Billie Owens in crime, corfu, alexander, pembroke, Darien, batavia, byron, bergen, news.

Joshua Michael Pierce, 21, of Meadowbrook Terrace, Corfu, is charged with reckless endangerment and criminal obstruction of breathing/blood circulation. Pierce was arrested on June 18 following the investigation into a domestic incident at 3 a.m. on June 14 on Route 5 in the Town of Pembroke. He was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash bail and is due in Pembroke Town Court on June 30. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Kyle Krzemien.

Joshua Michael Pierce, 21, of Meadowbrook Terrace, Corfu, is charged with criminal obstruction of breathing and criminal mischief in the fourth degree. He was arrested on June 18 following the investigation into a domestic incident that happened on Route 20 in the Village of Alexander at 1:05 p.m. on June 11. He was arraigned in Alexander Town Court and jailed in lieu of $10,000 bail and is due in Alexander Court on July 12. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Jason Saile.

Rodney John Prichard, 28, of North Main Street, Delevan, is charged with unlawful possession of marijuana, operating a motor vehicle while registration suspended, and having an open container of alcohol. At 3:08 p.m. on June 19, Prichard was stopped on Alleghany Road in the Town of Darien for allegedly driving with a suspended registration. He was also allegedly found to possess an open container of alcohol inside the vehicle. He was released on appearance tickets and is due in Darien Town Court on July 12. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Lonnie Nati.

Brittney Lynn Caldwell, 26, of North Main Street, Delevan, is charged with unlawful possession of marijuana and having an open container of alcohol in a vehicle. At 3:28 p.m. on June 19, following a traffic stop on Alleghany Road in the Town of Darien, Caldwell was allegedly found to possess marijuana and have an open container of alcohol inside a vehicle. She was released on appearance tickets for Town of Darien Court on July 12. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Lonnie Nati.

Rondell Jermaine Watson Sr., 34, of Raeburn Avenue, Rochester, is charged with petit larceny, conspiracy and disorderly conduct. On June 18, Watson was turned over to Genesee County Sheriff's deputies by the Rochester PD on a bench warrant out of the Town of Batavia Court. He was put in jail and is due in Town of Batavia Court on June 27. The case was handled by Sheriff's Deputy Rachel Diehl.

A 16-year-old who lives on Clinton Street Road, Batavia, is charged with unlawful possession of marijuana. At 2:45 p.m. on June 15, the youth was allegedly found to be in possession of a quantity of marijuana on the school grounds of Byron-Bergen Jr./Sr. high school. The youth was issued an appearance ticket for Bergen Town Court. The case was handled by Sheriff's Deputy Matthew Butler.

June 20, 2016 - 12:44pm
posted by Billie Owens in crime, batavia, news.

Press release from the City of Batavia Police Department:

On June 15, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department, and City of Batavia Police Department), New York State Parole and uniformed members of the Genesee County Sheriff's Office conducted a Neighborhood Enforcement Team detail in the City of Batavia.

The detail focused on quality of life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods. The following arrests were made:

Eddie L. Miles Jr., 44, of Central Avenue, Batavia, was charged with one count of unlawful possession of marijuana (a violation) and several traffic offenses following a traffic stop.

Michael Lazik, 62, of Creek Road, Batavia, was arrested on an indictment warrant charging him with one count of criminal sale of a controlled substance, 5th, a Class D felony, and one count of criminal possession of a controlled substance, 5th, also a Class D felony.

Officers conducted 12 parole checks, 16 traffic stops and issued 10 traffic tickets for various violations.

June 20, 2016 - 12:05pm
posted by Howard B. Owens in crime, batavia, news.

A young man already serving a three-year prison sentence on a gang assault conviction admitted in Genesee County Court this morning that he attempted to sell cocaine to an undercover agent Oct. 14 in the Town of Batavia.

Leonard A. Johnson III was dressed in a green prison jumpsuit and accompanied by two state corrections officers and had family members in the courtroom as he appeared before Interim Judge MIchael Pietruszka to plead guilty to the Class C felony of attempted criminal possession of a controlled substance, 3rd.

The plea satisfies five pending charges, none of which had yet been referred to the grand jury, stemming from an investigation by the Local Drug Task Force into the sale of narcotics in the city and Town of Batavia.

The plea deal includes the stipulation that any sentence imposed by the County Court in September be served concurrently with Johnson's current prison term. The conviction carries a maximum possible sentence of five years.

Johnson entered the guilty plea to the gang assault charge, along with two accomplices, in January. The three young men were accused of beating and kicking a victim on Holland Avenue.

Because of the timing of that conviction and these additional charges, this new conviction will not count on Johnson's record as a second felony offense, which is an issue only if Johnson is ever charged with another felony. (Two prior felony convictions for sentencing purposes could lead to a longer prison term.)

Under questioning from Pietruszka, Johnson said he is currently undergoing substance use counseling while incarcerated.

June 14, 2016 - 1:56pm
posted by Billie Owens in crime, batavia, news.

Press release:

The following arrests are reported following a neighborhood complaint of drug activity on Union Street:

Clifford A. Keene, age 38, of Pratt Road in Batavia, was arrested on June 9 by Sgt. Dan Coffey and Officer Frank Klimjack following a traffic stop of a vehicle in which he was a passenger. He was found to be in possession of a number of prescription narcotics and drug paraphernalia. He was charged with: one count of criminal possession of a controlled substance in the 4th degree (Class C felony); one count of criminal use of drug paraphernalia (Class A misdemeanor); and one count of possession of a controlled substance not in original container (violation). Keene was processed and arraigned before Judge Balbick then committed to the Genesee County Jail on bail. At the time of his arrest, Keene was under the supervision of Genesee Justice on unrelated charges.

Madelyn R. Muntz, age 30, of Central Avenue in Batavia,  city was arrested June 9, by Officer Frank Klimjack following a traffic stop. She was found to be in possession of a narcotic substance. Muntz was charged with one count of criminal possession of a controlled substance 7th degree (Class A misdemeanor). Muntz was processed and released with an appearance ticket to appear on June 21st in City Court.

The Batavia Police Department is committed to working with the community to respond to illegal drug concerns and request that anyone with information on drug or criminal activity in their neighborhood contact our dispatch at 345-6350. Information can also be left confidentially by calling the Confidential Tip Line at 345-6370 or by email at http://www.batavianewyork.com/police-department/webforms/report-suspicio....

June 13, 2016 - 3:47pm
posted by Billie Owens in crime, news, pembroke, Alabama, Darien.

Leroy Hannah Jr., 43, of Bradfield Street, Rochester, is charged with improper left turn, unlicensed operator and aggravated unlicensed operator for allegedly having 36 active suspensions on an ID card (not a driver's license). The subject was stopped at 1 p.m. on June 11 on Alleghany Road in Darien for making an illegal left turn. He was jailed in lieu of $5,000 bail and is due in Darien Town Court on Tuesday. The case was handled by Sheriff's Deputy Lonnie Nati.

Eli Matthew Aaron Smoke, 27, of Meadville Road, Alabama, is charged with endangering the welfare of a child. He was arrested at 6:13 p.m. on June 11 on Meadville Road following a domestic incident wherein he allegedly struck a child several times leaving bruising and welts on the child's body. He was arraigned, then released and a stay away order of protection put in place. The case was handled by Sheriff's Deputy Michael Lute.

Amy R. Doxtater was arrested on June 11 following a traffic stop on Route 20 in Darien. She is charged with: driving while intoxicated; aggravated DWI with a BAC of .18 percent or higher; aggravated unlicensed operation, 3rd; moving from lane unsafely; driving left of pavement markings in a no-passing zone; and refusal of breath-screening test. She was issued tickets and is to appear in Darien Town Court on July 12. The case was handled by Sgt. Jason Saile, assisted by Deputy Howard Carlson and Deputy Robert Henning.

Megan Ann Burns, 23, of 5668 Leete Road, Lockport, is charged with criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. During a traffic stop on Feeder Road in Alabama at 1:40 p.m. on June 8, Burns was allegedly found to possess several hypodermic needles loaded with suspected narcotics. She was issued appearance tickets and released. She is to be in Town of Alabama Court on July 12. The case was handled by Sheriff's Deputy Lonnie Nati.

Jeremy Charles Kaufman, 24, of 2868 Maple Road, Wilson, is charged with criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. During a traffic stop on Feeder Road in Alabama at 1:40 p.m. on June 8, Kaufman was allegedly found to possess several hypodermic needles loaded with suspected narcotics. He was issued appearance tickets and released. He is to be in Town of Alabama Court on July 12. The case was handled by Sheriff's Deputy Lonnie Nati.

Tyler Michael Confer, 23, of Walk Road, North Tonawanda, is charged with driving while intoxicated with a BAC of .08 percent or higher, first offense, and driving while intoxicated, first offense. The defendant was arrested at 4:57 a.m. on June 12 after he was allegedly found doing donuts on Lewiston Road. He was released on appearance tickets for Pembroke Town Court on July 17. The case was handled by Sheriff's Deputy Ryan Young.

Alizet Krysthalia Espinosa, 18, of Glendale Park, Rochester, is charged with criminal mischief, 4th. She was arrested at midnight on June 12 following the investigation into a property damage complaint at Darien Lake Theme Park. She was arrested for allegedly damaging an entry door and a touch screen monitor. She was jailed in lieu of $250 bail and is due in Darien Town Court on July 21. The case was handled by Sheriff's Deputy Eric Meyer.

June 12, 2016 - 4:23pm
posted by Billie Owens in crime, news, Oakfield.

An argument between the clerk at the Yellow Goose in Oakfield and some customers is reported. The customers are said to be throwing things inside the store at the clerk. Law enforcement is responding. The store is located at 33 S. Main St.

June 11, 2016 - 11:18am
posted by Billie Owens in crime, news, Le Roy.

Press release:

U.S. Border Patrol agents assigned to the Rochester Border Patrol Station arrested a previously deported alien with a criminal record on June 6.

Le Roy Police Department turned over Juan Rivas-Silva, age 42, to Border Patrol after stopping his vehicle for a traffic violation. The Le Roy Police department had requested Border Patrol assistance during the traffic stop.

An agent from the Rochester Border Patrol Station interviewed Rivas-Silva, a citizen of Mexico. Rivas-Silva was in possession of an expired driver’s license and a Mexican passport. Rivas-Silva was determined by Border Patrol to be illegally present in the United States, placed under arrest, and transported to the Rochester Border Patrol Station for processing.

Rivas-Silva told agents that he entered the United States illegally in 1998 in California. While in the United States, Rivas-Silva has committed felony crimes including burglary, assault and battery, domestic violence, and driving under the influence. Rivas-Silva is held without bond pending his removal from the United States.

Rochester Station Patrol Agent In Charge Michael Werthman said, “The arrest of this individual highlights the cooperation between law enforcement agencies in bringing criminals to justice. I commend our agents and the Le Roy Police Department for their hard work and commitment to service.”

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