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June 15, 2017 - 4:35pm
posted by Billie Owens in crime, news, Grand Jury, Le Roy.

David S. Hazzard is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 1 in the Town of Le Roy that Hazzard drove a 1999 Toyota on Interstate 90 while in an intoxicated condition. In count two of the indictment, he is accused of the crime of aggravated unlicensed operation in the first degree, another Class E felony, for driving when he knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that at the time he was under the influence of alcohol or a drug in violation of the law. In count three, the defendant is accused of the crime of circumvention of an ignition interlock device, a Class A misdemeanor. It is alleged that when he drove on March 1, he was subject to a court-ordered ignition interlock device when operating a motor vehicle, and the Toyota he drove was not equipped with one.

June 15, 2017 - 4:08pm
posted by Billie Owens in crime, news, batavia, corfu.

Three people have been charged following investigations by the Genesee County Department of Social Services.

Christina Hietala-Johnson, 35, formerly of Batavia, now residing on Alphonse Street in Rochester, has been charged with two counts of offering a false instrument for filing in the first degree and one count of grand larceny in the fourth degree. The charges stem from falsified SNAP(Food Stamp) applications submitted to the Genesee County Department of Social Services by Hietala-Johnson in March and August of 2016. She is accused of receiving $2,245 in SNAP benefits to which she was not entitled. Hietala-Johnson was issued an appearance ticket by Investigator Chad Minuto of the Genesee County Sheriff’s Department and is scheduled to appear in Batavia Town Court on June 22.

Martin Jones, 46, of State Street, Batavia, has been charged with two counts of criminal possession of a forged instrument in the second degree and two counts of offering a false instrument for filing in the first degree. The charges stem from falsified medical statements submitted to the Genesee County Department of Social Services by Jones in February. He was arrested by Deputy Cory Mower of the Genesee County Sheriff’s Department and was arraigned by Batavia Town Justice Michael Cleveland who ordered him held without bail. He is scheduled to reappear in Town Court on June 26.

Edwin Stancliff, 38, of Indian Falls Road, Corfu, has been charged with one count of offering a false instrument for filing in the first degree and one count of grand larceny in the fourth degree. Stancliff’s charges stem from a recertification form he submitted to the Genesee County Department of Social Services in April 2016 on which he failed to report he was receiving income from NYS disability. Stancliff is accused of receiving SNAP and Temporary Assistance benefits totaling $1,933.21 to which he was not entitled. Stancliff was issued an appearance ticket by Deputy Krzemien of the Genesee County Sheriff’s Department and is scheduled to appear in Batavia Town Court on June 19.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Investigation Unit at (585) 344-2580, ext. 6417 or 6416. All calls are confidential.   

June 14, 2017 - 3:04pm
posted by Howard B. Owens in crime, batavia, news.

Press release:

A Family Court petition has been filed against a 15-year-old who was the alleged driver of the gold Ford Taurus which was involved in the motor vehicle / pedestrian accident on Allen Street in Batavia at approximately 3:16 p.m. on May 27. The juvenile will have to appear in Family Court sometime in July. The 32-year-old female victim was treated and released at a local hospital.

Previously: Woman saves son before car strikes her and two dogs

June 14, 2017 - 2:22pm
posted by Howard B. Owens in crime, Stafford, news.

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(file photo)

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     Nicole Sullivan

A 32-year-old woman accused of endangering a disabled person in an accident on Fargo Road, Stafford, a year ago entered not guilty on a three-count Grand Jury indictment in County Court this morning.

Nicole Kimberly Sullivan, currently of Mt. Morris (in the past year, she's also lived in Wyoming and Perry), is charged with: second-degree assault, a Class D violent felony; endangering the welfare of an incompetent or physical disabled person in the first degree, a Class E felony; and leaving the scene of an accident without reporting it, a Class E felony.

Sullivan has hired David Silverberg to represent her and the attorney told Judge Charles Zambito that he will be filing motions in the case, including a motion to suppress at least one witness statement. A hearing on the motions was set for Aug. 16.

At 2:30 a.m., June 10, 2016, Stafford fire and Mercy medics were dispatched to Fargo Road for a car that had struck a tree.

Only one person, an apparent passenger who had suffered serious injuries, was located in the vehicle. After extricating the passenger and getting him aboard an ambulance, firefighters scoured the area looking for the driver, unsure if the driver had been ejected, had tried to leave the scene but was injured and in need of assistance or exactly what happened.

The assault charge stems from Sullivan's alleged recklessness in driving.

Sullivan allegedly called her husband to come and pick her up and ADA Shirley Gorman told Zambito today that, if not for an alert area resident who spotted her before she was picked up, were deputies able to identify her.

That was one reason Gorman said she opposed in Town of Stafford Court the defendant being released on her own recognizance. She renewed her request today for bail in the case or at least a release under supervision.

Zambito ordered supervision of Sullivan by Genesee Justice. Because Sullivan currently lives in Livingston County, has parents in Wyoming County and her attorney is in Erie County, Zambito amended the release order to allow her to travel in those counties, plus Genesee County.

June 14, 2017 - 1:56pm
posted by Howard B. Owens in crime, Le Roy, news.

One of two men involved in a forced-entry burglary in Le Roy last year was sentenced to five years probation today, but the consequences of his crime could be a little more difficult to overcome.

William J. Hixenbaugh, 28, of Lake Street, Le Roy, is on the hook for the entire $1,500 in restitution claimed by the victim.

Typically, co-defendants in the same crime would be ordered to split the restitution, but Hixenbaugh's partner was sentenced before the victim had filed a restitution claim, so the judge couldn't order restitution at the time of sentencing and restitution can't be added to the sentence retroactively.

If Hixenbaugh can't convince Carl M. Vander, 23, also of Le Roy, to split the difference, he will need to file a civil suit against Vander.

Hixenbaugh and Vander were arrested by Le Roy PD at the end of March following a six-month investigation into the burglary. They stole a television and mobile phone.  Those items were reportedly recovered.

They also damaged property during the burglary.

Judge Charles Zambito could have sent Hixenbaugh to jail for six months under terms of the plea deal but gave him probation even while expressing doubts about his character.

"I find the explanation you provided unbelievable," Zambito said. "If that attitude continues, you're going to have a hard time making it through five years of probation."

ADA Kevin Finnell argued for some jail time, suggesting the defendant hadn't accepted full responsibility for his crime, saying Vander was the instigator.

"It seems Mr. Hixenbaugh has an excuse for everything he does in life," Finnell said.

Hixenbaugh will be paying back the $1,500 in $50 installments over the next 30 months.

June 14, 2017 - 8:29am
posted by Howard B. Owens in crime, batavia, news.

Abdullah H. Shareef, 36, of East Avenue, Batavia, is charged with two counts of criminal possession of a controlled substance, 3rd, unlawful possession of marijuana, and promoting prison contraband, 2nd. Shareef was arrested following a traffic stop by members of the Local Drug Task Force on Tuesday night. Shareef was allegedly found in possession crack cocaine and marijuana during the traffic stop. While being processed into the Genesee County Jail, he was allegedly found to possess on his person more cocaine and marijuana. He was ordered held without bail.

June 13, 2017 - 10:23pm
posted by Howard B. Owens in crime, batavia, news.

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Brandon M. Seppe, a resident of Batavia, has been charged with driving while ability impaired by drugs following a single-vehicle accident on Veterans Memorial Drive at 2:08 p.m., today.

Seppe's passenger, Gregory Seppe, 59, of Batavia, was transported to Strong Memorial Hospital by Mercy EMS.

A Sheriff's press release says Brandon was westbound on Veterans Memorial Drive when he allegedly moved from the lane unsafely. He failed to maintain control of his vehicle and struck a large utility pole, causing a widespread power outage.

The vehicle came to rest on the passenger side.

The accident was investigated by Deputy Andrew Hale, Deputy Matthew Butler, and Deputy Chris Erion. Assisting at the scene were Town of Batavia fire, Mercy EMS, Batavia PD, and State Police.

(Initial report)

June 13, 2017 - 6:50pm
posted by Howard B. Owens in crime, news, batavia.

The defense tried to persuade a jury today that Bill Thomas didn't have a knife or he really didn't intend to harm a police officer who showed up at his front door the morning of March 16, 2016, but jurors were unswayed. It took about an hour in deliberations for jurors to find Thomas guilty of third-degree criminal possession of a weapon and menacing a police officer.

Thomas faces up to seven years in jail and is scheduled to be sentenced at 9:30 a.m., July 7, following the one-day trial.

The case against Thomas began around 4 a.m. about 16 months ago when his brother, Rand Thomas, summoned police to their residence at 252 State St. with a 9-1-1 call.

Jurors heard a recording of the call.

During the call, Rand was calm and didn't mention a specific threat against him. He said his relative was giving him trouble, that "he's been doing it a lot of years," and in response to questions from a dispatcher, he said Bill Thomas may have been drinking, and when asked if there were weapons in the house, he said there were a lot of knives in the kitchen.

When Officer Peter Flanagan, Batavia PD, knocked on the door, Rand answered. What happened next occurred in the space of about three seconds, according to Flanagan:

  • Rand told Bill that the police wanted to talk to him;
  • Flanagan started to step into the house, through the partially opened door;
  • The room was dark, except for the light from a TV set;
  • He saw Bill about 12 to 15 feet away across the room;
  • He looked at Bill's hands by his side and saw an eight-inch kitchen knife in his right hand;
  • Instantly, Bill started toward Flanagan, moving quickly;
  • Flanagan said he thought Bill posed a potentially mortal threat and began to draw his service weapon;
  • He yelled, "drop the knife";
  • Rand exclaimed, "Oh, shit!" and stepped between Bill and the officer on his way out the door;
  • Flanagan decided he had no longer had the opportunity for a clear and clean shot at Bill and decided to back out the door;
  • Bill got close enough to Flanagan, he said, that he could have grabbed him or touched him or even cut him, but didn't touch him;
  • When Bill reached the door, he closed it, and Flanagan said he heard the tumbler of the deadbolt lock snap, locking the door.

Flanagan informed dispatch they had a barricaded subject with a knife. He asked Rand if anybody else was in the house and Rand said his mother was upstairs in her bedroom. He instructed Rand to call her on his mobile phone and ask her to lock her door. During the call, Flanagan testified that he overheard Rand tell the person on the other end of the line, "Bill came at us with a knife."

Rand did not testify. In fact, District Attorney Lawrence Friedman only called two witnesses, Flanagan and Sgt. Eric Bolles, who was the second officer on the scene. Defense attorney Jamie Welch, who was assisted by Public Defender Jerry Ader, did not call on anybody to testify. Bill did not testify.

The jury, all white, mostly middle-aged men and women, with a couple older and a couple of younger people in the box, was attentive throughout the trial. Thomas, dressed in a white shirt and dark pants, his long, gray-tinged hair in a ponytail, was also attentive but showed no reactions to anything that was said during testimony and attorney statements.

Wyoming County's Judge Michael Mohun presided. 

Bill Thomas has been held in the Genesee County Jail since March 16, 2016. His case has gone on an inordinately long time without a trial, in part because his case took a couple of unique turns.

First, he pled guilty. Then he wanted to withdraw his guilty plea, which was a request that was denied. He changed attorneys at this time. Then a discrepancy was discovered in his prior guilty plea, giving him the opportunity to withdraw his plea, which he did. The case subsequently proceeded on the legal path toward going to trial.

At his pre-trial evidentiary hearing, we learned that police did not recover a knife from the crime scene.

That was a focus of today's cross-examination of Flanagan and Bolles. The defense attorney elicited from both officers that neither looked for a knife nor requested a warrant to look for a knife.

Flanagan testified he was certain that Thomas held an eight-inch kitchen knife with the blade pointed out. He said he saw it even in the dim lighting conditions.

"I looked down immediately at his hands because we're taught that is where the dangers are," Flanagan said.

The close distance between Thomas and Flanagan, the officer said, is a key reason he felt he was in mortal danger. Officers are taught that any subject with a sharp object is a potentially mortal threat if they are standing within 21 feet of the officer because the amount of time it takes a typical adult to traverse 21 feet vs. the amount of time it takes an officer to draw his weapon.

Near the end of that hour that Thomas was in the house with police outside, a family member convinced Thomas to come downstairs. 

By that time, officers had found that the sliding glass doors on the outside of a converted garage were unlocked. They were able to open them and draw the blinds wide open and had the room fully illuminated with external lights by the time Thomas came downstairs.

As more police arrived on scene, including deputies and troopers, Bolles said he set up a perimeter.

"I wanted to slow things down," Bolles said. "I didn't want to encounter the subject and make things worse."

Jurors were not told that the Emergency Response Team, armed with long rifles, had been dispatched to the scene. 

City fire was staged on Douglas Avenue in case there was a need to rescue Bill and Rand's mother from the second floor, and a Mercy EMS was staged on standby.

When Thomas came downstairs, Bolles was in the room with his Taser drawn. There were other officers nearby, he said, "providing lethal cover."

Bolles said Thomas was ordered to show his hands, which he did, then he was ordered to put his hands in the air and turn around.

"He ignored our commands," Bolles said. "He appeared to be looking past the officers and out the window."

Bolles deployed his Taser and Thomas dropped to the floor.

In his closing remarks, Welch argued for reasonable doubt because officers did not look for a knife and if a knife had been present, it would have been easy enough for the prosecution to supply it as evidence for the jury, he said.

He also questioned Flanagan's account of the incident based on the fact that Flanagan had only been a police officer for three years at the time of the incident, that he was five hours into his shift without having slept in 12 hours, the low light, and the speed of events.

"It doesn't make sense that that much could have happened in that short of time," Welch said.

He also suggested that when Thomas moved toward the door, it wasn't the police officer he was advancing toward, but his brother.

Friedman refuted this points in his closing statement.

He argued that the television provided enough light for Flanagan to have seen the knife, that Flanagan was certainly experienced enough for the job and the fact he had been up for 12 hours was irrelevant.

"It should tell you what a severe situation this was when Officer Flanagan mentions the degree of danger he felt that he was ready to shoot Bill Thomas to protect himself," Friedman said.

As for the knife, the jurors heard the 9-1-1 tape where Rand Thomas said there were a lot of knives in the kitchen and that Bill Thomas had close to an hour inside of the residence to return the knife to the kitchen or put it elsewhere in the house.

Even if the officers had produced a knife after a search, what would it have proven? Friedman asked.

"Then the defense's response would have been, 'so what, they had a lot of knives in the kitchen,' " Friedman said. "It would have been meaningless if they had searched the house and found the knife."

June 13, 2017 - 5:13pm
posted by Howard B. Owens in crime, batavia, news.
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   Charles Rodriguez

A Batavia man's decision to leave a 1-year-old baby alone in a hot apartment was only discovered, according to police, because officers showed up at his door yesterday evening to arrest him on a warrant.

Charles J. Rodriguez Sr., 40, of 20 N. Spruce St., Apt. 9, was not located at his apartment by police until this morning when he was taken into custody and charged with endangering the welfare of a child.

At his arraignment this morning, he pled guilty and was sentenced to six months in the Genesee County Jail.

He was also wanted for petit larceny at the Dollar General on June 4, which he also admitted to this morning, and was given a sentence to run concurrently with the sentence on endangering the welfare of a child.

The incident began with police arriving at the Rodriguez apartment at 9:30 p.m., yesterday, and even though a television could be heard inside the residence, and the lights were on, nobody came to the door. 

A concerned neighbor told officers there was possibly a toddler, believed to be the son of Rodriguez, alone in the residence.

Officers exhausted available resources trying to locate Rodriguez or the child's mother.

City fire was called to the scene to assist an officer in gaining access to the apartment through an unsecured second-floor window. The officer was able to enter the apartment and unlock the front door.

The toddler was located in a room lying a crib.

Police say the temperature inside the apartment at the time was 85 degrees.

Mercy medics responded to evaluate the child and Social Services was notified and caseworkers responded to care for the child.

As a result of further investigation, the mother was located and she was staying the night in Buffalo and had left Rodriguez in charge of the child.

Rodriguez was also wanted by Cheektowaga PD on alleged failure to comply with a drug court order.

June 13, 2017 - 8:03am
posted by Howard B. Owens in crime, news, batavia, Le Roy, Stafford.

Joshua John Dibble, 35, of Pearl Street, Batavia, is charged with petit larceny. Dibble was allegedly caught going through vehicles and stealing property on Union Street at 2:37 a.m., Monday.

A 16-year-old resident of Linwood Avenue, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. The youth was arrested in connection with an unspecified incident reported at 3:50 p.m., Saturday.

Danny D. Williams Sr., 28, of Pearl Street, Batavia, is charged with disorderly conduct. Williams was charged following a report of multiple people fighting on Holland Avenue at 7:40 p.m., Thursday. Williams is accused of making violent and aggressive actions toward police and was arrested on the disorderly conduct charge without further issues.

Gary D. Burney, 36, of North Spruce Street, Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Burney allegedly violated a stay-away order by entering a residence on North Spruce Street at 4:22 p.m., Thursday. He was also charged with criminal contempt and harassment second stemming for a reported incident July 11, 2016. He was also charged with harassment, 2nd, criminal contempt, 1st, burglary, 2nd, grand larceny, 4th, and endangering the welfare of a child stemming from an incident reported Nov. 12.

Devon D. Rogers, 30, of Langfield Drive, Buffalo, was charged with burglary, 1st, criminal mischief, 3rd, assault, 3rd, and criminal contempt stemming from an incident reported at 3 a.m., Saturday. He was also arrested on a warrant. Rogers was allegedly at a residence on Pearl Street, Batavia, in violation of a stay-away order. He allegedly became involved in a fight and injured another person. He was ordered held without bail.

Qumane J. Santiago, 18, of Main Road, Stafford, is charged with menacing, 2nd. Santiago was arrested after police responded to a report of a disturbance on Central Avenue at 8:45 p.m., Friday. Also arrested, Brandon C. Smart, 39, of Huchins Street, Batavia. He was charged with disorderly conduct. He is accused of trying to start a fight with people walking in the area while in the presence of police officers. Richard G. Hafford, 39, of Liberty Street, Batavia, was also charged with disorderly conduct for also allegedly trying to start a fight.

Tiffany A. Kent, 28, of Wood Street, Batavia, is charged with obstruction of governmental administration, 2nd. Kent allegedly tried to hide her roommate from police when they arrived with a warrant for the roommate's arrest moments after the roommate had been seen entering the residence. Kent allegedly refused to cooperate with police even after several warnings.

Alex J. Ianita, 23, of Bank Street, Batavia, is charged with criminal possession of a weapon, 3rd. Ianita was allegedly found in possession of brass knuckles at 3:38 p.m., Friday. He was jailed without bail.

Joseph J. Mazzarella, 64, of Summit Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Mazzarella was allegedly involved in an incident where he prevented the other person from contacting emergency dispatchers and pushed the person to the ground. He was jailed on $250 bail. He was also arrested on a warrant.

Charles E. Schmidt, 46, of Alexander Road, Batavia, is charged with harassment, 2nd. Schmidt allegedly hit another person while at the Genesee County Fairgrounds at 11 p.m., Saturday.

William Alexander Gruschow II, 37, of Union Street, Spencerport, is charged with harassment, 2nd. Gruschow allegedly passed a note to an employee at Batavia Downs causing the employee to become alarmed.

AR-Rahmaan M. Jones, 36, of East Avenue, Le Roy, is charged with two counts of criminal possession of a controlled substance, 7th, and one count of unlawful possession of marijuana. Jones was arrested by members of the Local Drug Task Force following a stop Friday on Ellicott Street. He also had a warrant for his arrest out of the City of Batavia. He was jailed on $1,000 bail.

June 11, 2017 - 10:03am
posted by Howard B. Owens in crime, Le Roy, news.

A Le Roy resident was arrested after police investigated complaints that he was repeatedly allowing groups of people in his residence for the purpose of smoking marijuana.

Jason Lee Perry, 22, of Myrtle Street, Le Roy, is charged with one count of criminal nuisance in the second degree. He was jailed on $3,000 bail.

Le Roy PD says this was an ongoing issue and such gatherings occurred on a regular basis. Police said they received multiple complaints from neighborhood residents who were concerned and bothered by it.

June 10, 2017 - 12:24am
posted by Howard B. Owens in batavia, news, crime.

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      Jaequele Tomlin

A melee on Holland Avenue on Friday evening involved multiple underage youths and a BB gun, and when police arrived, two adults got involved, and then, there was a kitchen fire.

The result: Two adults and one juvenile arrested, at least one person taken to a hospital, and a ruined dinner.

The adults charged were Jaequele M. Tomlin, 22, of East Main Street, Batavia, and Lionel J. Anderson Sr., 45, of Oak Street, Batavia.

Tomlin is charged with disorderly conduct, attempted assault, 2nd, obstructing governmental administration and resisting arrest.

Anderson was charged with disorderly conduct.

Batavia PD, along with troopers and deputies, responded to a report of multiple individuals involved in a fight with at least one weapon involved at 4:37 p.m.

Once police arrived, another fight broke out.

That fight allegedly involved the adults, and Tomlin allegedly then fought with officers on scene.

A 16-year-old is also charged with criminally using drug paraphernalia.

A witness said the fight started on Holland Avenue, with several youths taking off their shirts and engaging each other in a physical fight.

One youth reportedly shot another youth with a BB gun.

The person shot was a juvenile and his name has not been released.  

Police said there was one injury as a result of the shots, but did not specify who was shot. The victim was treated and released at UMMC.

As police were attempting to sort out the incident, a kitchen fire broke out at 23 Holland Ave. and a woman came out of the house complaining that with all the commotion, she wasn't able to pay attention to cooking dinner.

City fire was already on scene to assist with medical issues and firefighters quickly dealt with the fire and kept it from spreading.

The fire seems to have started with a pot on the stove and spread to the wall behind a microwave.

Tomlin was ordered held without bail.

Police say the investigation is ongoing and they don't anticipate releasing more information until the coming week.

(Initial Report)

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June 9, 2017 - 6:33pm
posted by Billie Owens in crime, news, batavia, elba, corfu.

Nicholas A. Cianciosi, 68, of 400 E. Main St., Apt. #429, Batavia, is charged with second-degree criminal mischief -- property damage greater than $1,500. The defendant is accused of intentionally knocking over a 2003 Harley-Davidson motorcycle that was parked in the 400 Towers apartment complex parking lot, causing $5,014.78 in damage to the motorcycle. The incident allegedly occurred at 6:15 p.m. on May 23. Cianciosi is due in Batavia City Court on June 21 to answer the charge. The case was handled by Batavia Police Officer Frank Klimjack.

Karissa K. Sardina, 34, of Needham Street, Perry, is charged with endangering the welfare of a child and having an unattended motor vehicle. It is alleged that at 11:55 a.m. on June 1 on Main Street in Batavia that Sardina parked her vheicle in the parking lot of a local bank and left the vehicle running and unattended. She is accused of leaving her 3-year-old daughter in the car to go inside the bank and conduct personal banking business. She was due in City Court June 6 to answer the charges. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Kevin DeFelice.

Marshall R. Steffans, 38, of Condon Avenue, Buffalo, is charged with two counts of endangering the welfare of a child -- acting in a manner injurious to a child under age 17, criminal mischief -- intentionally damaging property, and third-degree criminal assault -- acting with intent to cause physical injury. Steffans was arrested on June 2 on an arrest warrant out of City Court on the charges, which followed his arrest on April 18 on Liberty Street in the city following a domestic incident. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Arick Perkins.

Michael T. Coffey, 48, of South Main Street, Albion, is charged with third-degree burglary, criminal mischief -- intentionally damaging property, and petit larceny. Coffey was arrested at 6 p.m. on June 5 on East Main Street in Batavia after police responded to a reported burglary in progress. While officers were en route, the suspect was located in the area and detained. Coffey is accused of breaking a window and stealing property from inside the building. He was due in Batavia City Court on June 6. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Nicole McGinnis.

Brandon James March, 32, of South Main Street, Batavia, is charged with disabling equipment -- preventing communication with emergency services, and fourth-degree grand larceny -- taking property from another person. March was arrested on Cone Street in Batavia at 10:05 p.m. on June 2 following a domestic incident. March is accused of taking a cell phone belonging to another person while that person was attempting to call 9-1-1. He was jailed without bail and was due in City 
Court June 5. The case was handled by Batavia Police Officer Jason Ivison.

Andrew Charles Maier, 30, of Main Road, Corfu, is charged with aggravated DWI with a BAC of .18 percent or more with one prior conviction, DWI with a previous conviction within the last 10 years, and speeding over 55 mph. He was arrested at 8:29 p.m. on June 3 on Colby Road in Pembroke following a traffic stop. He was issued an appearance ticket for Town of Pembroke Court on July 18. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Eric Seppala.

Patrick D. Moore, 39, of Strouts Road, Elba, is charged with third-degree criminal mischief -- intentionally damaging another person's property in an amount greater than $250. Moore was arrested June 4 on an arrest warrant out of City Court. Batavia police were dispatched on March 1 to 13 Holland Ave., Batavia, for a disturbance. After an investigation, charges were levied and an arrest warrant was issued for Moore. He was due back in City Court on June 5. The case was handled by Batavia Nicole McGinnis, assisted by Officer Chad Richards.

Bennie Wright, 32, of Jay Street, Rochester, is charged with fourth-degree grand larceny and unlawful possession of marijuana. At 5 p.m. on June 3, Wright allegedly stole money from another person on Central Avenue in Batavia by taking the money out of the person's hand. Wright was allegedly found to possess marijuana during his arrest. The case has handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Davis.

Nichol L. Schutt, 29, of West Crest Drive, Gates, is charged with second-degree harassment. On June 3, Batavia police arrested Schutt on an arrest warrant -- stemming from an unspecified incident at 1:50 a.m. on June 1 on West Main Street in Batavia -- after Gates police detained her for a traffic stop. She posted $500 bail and was released. She is due in City Court on June 14. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

Morgan L. Cox Jr., 25, of Xavier Street, Clarence, is charged with DWI, unlicensed operation of a motor vehicle, and refusal to take a breath test. Cox was arrested after an investigation into a fight that occurred on Trumbull Parkway, Batavia, at 11:05 p.m. on June 3. Witnesses allegedly identified Cox as being involved in the fight and claimed he drove away from the scene. He was located in the area and subsequently arrested. He was jailed on $1,000 bail. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Felicia DeGroot.

Travis Martin Klotzbach, 26, of Elm Street, Batavia, is charged with: moving from lane unsafely; drinking alcohol in a motor vehicle on a highway; DWI -- common law; and aggravated DWI -- per se -- with a BAC of .18 percent or more. Klotzbach was arrested following a traffic stop at 10:02 p.m. on June 3 on Pearl Street. Police pulled over his 1997 blue Ford Expedition after a complaint of erratic driving. He was allegedly found to be operating the vehicle while intoxicated with a BAC of .23 percent. He was issued traffic tickets and released. He is due in City Court on June 14. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Bolles.

Aisha I. Culver, 18, of Willow Street, Batavia, is charged with second-degree harassment -- physical contact, and endangering the welfare of a child -- acting in a manner injurious to a child under age 17. She was arresred on May 26 on Willow Street. The charges are linked to a disturbance that police responded to at 8:05 p.m. on May 20 on Maple Street. She was released with an appearance ticket and was due in City Court on May 30. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Arick Perkins.

David P. Grossman Sr., 34, of West Main Street Road, Batavia, is charged with obstructing governmental administration and unlawful possession of marijuana. The charges stem from an incident at 5:44 p.m. on March 1 on State Street, Batavia. Officers responded to a distrubance and it is alleged that Grossman Sr. was resistant with officers and tried to prevent the officers from taking him into custody. After his arrest, he was allegedly found to possess marijuana. He was due in City Court June 6. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Frank Klimjack.

Dora L. Poodry, 23, of East Main Street, Batavia, is charged with petit larceny. She was arrested on May 28 on East Main Street in Batavia after allegedly stealing multiple items from a convenience store. She was issused an appearance ticket and was due in City Court on June 6. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Lindsay Christopher.

Thomas A. Carson, 41, of Wood Street, Batavia, was arrested on June 5 on a Batavia City Court bench warrant issued May 5. He was jailed on $2,500 bail and was due back in court the same day as his arrest, June 5. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Matthew Wojtaszczyk.

Patrick J. Dickinson, 48, of East Henrietta Road, Henrietta, is charged with second-degree harassment and unlawful possession of marijuana. He was arrested following the investigation into a road rage incident which occurred at 10:05 a.m. on June 3 on Main Street in Batavia. Dickinson is accused of chasing down the occupants of another vehicle and shoving one of them. At the time of his arrest, marijuana was allegedly located inside his vehicle. He was released on an appearance ticket was due in City Court on June 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Sgt. Dan Coffey.

Christopher M. Grant, 28, of Schaefer Drive, West Seneca, was arrested June 3 on a bench warrant out of City Court. The warrant was issued after Grant failed to appear on a misdemeanor traffic ticket. He posted $250 bail and was released. He is due back in City Court on June 20. The case was handled by Batavia Police Officer Christopher Lindsay.

June 9, 2017 - 4:40pm
posted by Billie Owens in crime, batavia.

Several city police units are responding to Holland Avenue for a reported fight outside involving several people. The call was then switched to a secure communications channel.

UPDATE 4:45 p.m.: There was Taser deployment.

UPDATE 4:47 pm.: Mercy medics are en route to 1 Holland Ave.

UPDATE 4:48 p.m.; A male subject suffered a BB shot to the chest.

UPDATE 4:53 p.m.: An ambulance from Alexander is called to respond to the city's incident involving "several victims of assault."

UPDATE 5:16 p.m.: City fire is responding to a reported cooking fire on the stove at 23 Holland Ave., which is also one of the places involving people in the police incident.

UPDATE 5:22 p.m.: The fire appears to be out, according to a dispatcher.

UPDATE 5:30 p.m.: Medics are transporting to UMMC a 45-year-old male who was pepper sprayed in the face and a 16 50-year-old male who was shot in the chest with a BB gun. 

UPDATE 6:44 p.m.: Batavia Police Chief Shawn Heubusch at the scene said the call that came in was for a fight involving about 30 people, including the possible use of weapons. Police responded and the incident involved a number of mostly juveniles. Some adults, possibly parents, were also at the scene. At least one adult male was Tazed and another adult male -- or possibly even the same one -- was pepper sprayed by police. A witness said initially, before officers arrived, there was shouting, some individuals took their shirts off, then fighting ensued. Police arrived shortly thereafter, along with medics, and the city fire department responded to a cooking incident -- stove fire that spread to a wall -- that occurred during the ruckus. Heubusch said a press release is being prepared and will be released later.

June 9, 2017 - 3:53pm
posted by Billie Owens in Grand Jury, crime, batavia, animal cruelty.

Joseph B. James is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on May 7 in the City of Batavia that James, with intent to prevent a police officer from performing a lawful duty, caused physical injury to a police officer. In count two, James is accused of the crime of third-degree criminal mischeif, a Class E felony. It is alleged in count two that James damaged another person's property in an amount exceeding $250 -- a surveillance camera and housing in the holding room at the BPD on West Main Street in the City of Batavia.

Shawn M. Twardowski is indicted for the crime of third-degree robbery, a Class D felony. It is alleged that on Jan. 26 in the City of Batavia that the defendant forcibly stole property -- a cell phone. In count, Twardowski is accused of the crime of cruelty to animals, a Class A misdemeanor, according to the state Agriculture and Markets Law Section 353, and it is alleged that he cruelly beat and strangled a dog belonging to a female.

Darrell Smith is indicted for the crime of first-degree coercion, a Class D felony, for allegedly threatening to kill three people on May 6 in the City of Batavia. Smith is accused of compelling or inducing a male to abstain from engaging in conduct in which he had a legal right to engage. Smith allegedly held a knife in his hand and a glass bottle in another as a means of instilling fear in the victim that, if his demand was not complied with, the defendant would cause him physical injury. Smith allegedly threatened the victim with physical injury if the victim were to try and leave the residence before "he produced property demanded by the defendant." In counts two and three, Smith is accused of the same crime on the same day involving another male victim and a female victim, respectively. In count four, Smith is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by applying pressure on the throat or neck of a male victim. In count five, Smith is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging another person's property -- a shelving/stereo unit and items displayed or stored on the unit. In count six, Smith is accused of second-degree menacing, another Class A misdemeanor, for allegedly intentionally placing or attempting to place a male victim in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon -- a knife.

June 8, 2017 - 6:58pm
posted by Billie Owens in crime, corfu, Stafford, Darien, pembroke, news.

Christina V. Dadey, 43, of Corfu, is facing numerous charges after an investigation following a 9-1-1 call about an erratic driver around 4 p.m. on June 7. Dadey was stopped on Gulf Road in the Village of Wyoming by Wyoming County Sheriff's Deputy Aaron Chase and Sgt. Colin Reagan. They had responded to a call that originated in Genesee County about a vehicle that was all over the road. The vehicle had failed to keep right and the driver was pulled over and a roadside investigation was completed along with field sobriety testing. Dadey was subsequently arrested on suspicion of DWI and transported to the Wyoming County Sheriff's Office where she allegedly supplied a positive BAC or .18 percent or higher. She was charged with DWI, aggravated DWI, failure to use an ignition interlock device and consumption of alcohol in a motor vehicle. Dadley was convicted earlier this year of DWI, making this a felony arrest. She was put in Wyoming County Jail on $500 cash bail or $2,000 bond. She is due in Town of Middlebury Court on June 19.

Marissa Marie Yott, 21, of Livingston Street, Warsaw, is charged with second-degree assault. Yott was arrested at 7 p.m. on June 3 on Alleghany Road in Darien after allegedly striking another person in the head with a glass bottle, which caused injury to the victim. Yott was arraigned in Pembroke Town Court and subsequently released under supervision of Genesee Justice pending futher court appearances to be scheduled in Darien Town Court. The case was handled by Genesee County Sheriff's Deputy Joseph Graff, assisted by Deputy Ryan Young.

Jordan David Edenholm, 28, of Gabbey Road, Corfu, is charged with: operating a motor vehicle with a BAC of .08 percent or more, first offense; DWI -- first offense; DWAI (driving while ability impaired) -- combined influence of drugs or alcohol and drugs; criminal possession of a controlled substance, 7th; and unlawful possession of marijuana. At 7:57 a.m. on June 8, Edenholm was arrested on Griswold Road in Stafford. Following a traffic stop, Genesee County Sheriff's deputies conducted an inventory search of the vehicle and allegedly found a controlled substance and marijuana. The defendant was released on appearance tickets and is due in Stafford Town Court on July 27. The case was handled by Deputy Chad Cummings, assisted by Deputy Andrew Hale.

June 7, 2017 - 6:32pm
posted by Howard B. Owens in crime, Pavilion, Bethany, alexander, news.

Rachel Ann Baehr, 30, of Linwood Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, moving from lane unsafely, and speed not reasonable and prudent. Baehr's vehicle reportedly struck a utility pole on Main Street, Alexander, at 5:42 a.m. Tuesday. When deputies arrived on the scene, there was smoke coming from the vehicle and the pole was broken. Baehr was located walking around the vehicle. She was arrested following a field sobriety test. (Initial Report).

Tara Lynn Thurley, 38, of Bethany Center Road, Bethany, is charged with grand larceny, 3rd, and falsifying business records, 1st. Thurley is accused of stealing money from her employer in Pavilion and making false entries into business records of the company in an effort to conceal the theft. She was arraigned and released under supervision of Genesee Justice.

June 7, 2017 - 8:34am
posted by Maria Pericozzi in news, batavia, Grandview Cemetery, crime.

img_0120.jpg

Carol Grasso, a Batavia resident, purchased two large hanging baskets with petunia flowers for her mother’s grave in Grandview Cemetery. She bought two large heavy duty shepherd hooks to hold the heavy baskets and secured the baskets on the hooks with duct tape.

When she returned to the cemetery shortly after, the baskets and the hooks were gone.

“Everyone gets flowers and we make the cemetery look nice,” Grasso said. “I don’t know how someone could steal from the dead.”

This year, she spent around $100 for the hanging baskets and hooks.

“It’s a shame,” Grasso said. “You work so hard for your money and then it’s just gone.”

Russell Joy can sympathize.

He buys flowers every year for his wife’s grave, but they always disappear. Last year, the hanging baskets disappeared two times. This summer, the baskets have disappeared once. Joy replaced the flowers, spending around $40 each time. 

Joy said he has been putting plants at the grave for a long time but has never had trouble before last summer. This year, the plants disappeared closer to Memorial Day, whereas in 2016, they disappeared a month before Memorial Day. 

Last summer, hoping to find out who was stealing the plants, Joy put a hunting camera in a nearby tree, but was unable to determine the perpetrator.

Grasso said the only rule the cemetery has on flowers, is that the hanging baskets need to be high enough off the ground so they can mow the grass. 

Joy and Grasso reported the thefts to the police, who said they would increase the frequency of patrols through the cemetery.

“This type of crime is difficult to investigate,” Chief Deputy Gordon Dibble said. “There’s no DNA, no fingerprints, there’s a shortage of witnesses. It’s not a crime that is easily solved."

Dibble said it is an aggravating crime.

“The frustration is that it’s a thoughtless crime,” Dibble said. “What kind of person would steal flowers from a grave?”

img_0125.jpg

At her mother's tombstone, Grasso replaces the hanging baskets and hooks with smaller, less expensive ones. 

June 7, 2017 - 12:09am
posted by Billie Owens in crime, batavia, Harvester Avenue, news.

A person is reportedly riding a lawn mower southbound on Harvester Avenue in the city while drinking a beer. Batavia police are responding.

June 6, 2017 - 6:33pm
posted by Howard B. Owens in crime, batavia, Darien, pembroke, corfu, bergen, news.

Nicholas Michael Lotemplo, 18, of Chicory Lane, East Amherst, is charged with assault, 2nd. Lotemplo is accused of punching another person causing severe injury at Darien Lake the night of the Chance the Rapper concert. He was released under supervision of Genesee Justice.

Frederick Beniamino Ellis, 50, of West Main Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, speeding, failure to dim headlights and driver's view obstructed. Ellis was stopped at 2:22 this morning on Route 77, Pembroke, by Deputy Eric Meyer.

Jeremy Clifford John Newton, 28, of Greenfield Road, Rochester, is charged with criminal possession of marijuana, more than 25 grams, and failure to stop at stop sign. Newton was stopped at 8:53 p.m. Sunday on South Lake Avenue, Bergen, by Deputy Michael Lute.

Andrew Charles Maier, 30, of Main Road, Corfu, is charged with felony DWI and felony driving with a BAC of .18 or greater and speeding. Maier was stopped at 8:12 p.m. Saturday on Colby Road, Pembroke, by Deputy Jeremy McClellan.

Christina June Morabito, 35, of Chili Center Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and failure to dim headlights. Morabito was stopped at 2:54 a.m. Sunday on Route 33, Bergen, by Deputy Mathew Clor.

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