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April 19, 2017 - 3:37pm
posted by Billie Owens in alexander, Le Roy, news, crime.

An 18-year-old male who lives on North Walnut Street, Attica, and another 18-year-old male who lives on Broadway Road in Alexander, are both charged with third-degree burglary and third-degree criminal mischief stemming from an incident which occurred in the early morning hours of July 10 on Broadway Road, Alexander. The youths, who were juveniles at the time, allegedly entered an uninhabited residence and caused damage to it using paint and varnish. They are arrested and charged following an investigation and were arraigned in Town of Alexander Court on April 18 and released under supervision of Genesee Justice. Both are due to return to court on May 9. The case was investigated by Joseph Graff of the Genesee County Sheriff's Office, assisted by Deputy Ryan Young.

Shauna Elizabeth Driscoll, 28, of Wadsworth Avenue, Avon, is charged with unlawful possession of marijuana. She was arrested at 8:33 p.m. on April 14 on East Main Street in Le Roy. According to the Sheriff's Office report the defendant "was issued an appearance ticket for unlawful possession of marijuana following her arrest for DWI." She allegedly possessed a quantity of marijuana in her vehicle. She is to appear in Town of Le Roy Court on May 15. The case was handled by Deputy Ryan DeLong.

April 18, 2017 - 1:04pm
posted by Howard B. Owens in crime, batavia, news.
     Dwayne Pearsall

Dwayne A. Pearsall, 26, no permanent address, has been arrested and charged with crimes related to alleged sexual abuse of two children in 2012 and another last year.

Pearsall is charged with attempted rape, 2nd, two counts of criminal sexual act, 2nd, sexual abuse, 2nd, and sex abuse, 1st.

The two alleged victims in 2012 were under age 15 and the 2016 alleged victim was age 11 or younger.

Pearsall was arrested by Batavia PD following an investigation by Det. Kevin Czora and arraigned today in County Court before being jailed without bail.

People with information that may assist in further investigation or other cases of sexual abuse are asked to contact Czora at (585) 345-6311. Batavia PD can be reached at (585) 345-6350. The confidential tip line is (585) 345-6370.

April 17, 2017 - 4:07pm
posted by Howard B. Owens in crime, news, batavia.
      Andrew Kosiorek

The man who broke into a local Mexican restaurant twice in a single night with the intention of stealing from the business in January will serve from two to six years in state prison, Judge Charles Zambito ruled in County Court this afternoon.

The attorney for Andrew Kosiorek, 44, argued that given his client's troubled background with no real chance at reform, a shorter prison term with community-based assistance might be appropriate.

But Zambito said when looking at Kosiorek's lengthy criminal record -- three stints in prison, five in jail, and several violations of either parole or probation, he has had a chance to overcome his background.

Attorney Jamie Welch said Kosiorek was put into foster care at a young age, probably because his parents were drug users, and that Kosiorek has been an addict his entire life.  

Kosiorek, who admitted to a single count of burglary, 3rd, said he started using drugs when he was 12.

Welch said Kosiorek broke into Rancho Viejo on Ellicott Street only because he was drunk and high at the time.

"Since he was a young man, his issues with substance abuse have never really been addressed," Welch said.

Kosiorek said he accepted full responsibility for his actions.

"I would like to get help," Kosiorek said. "I'm too old to keep doing the things I'm doing."

Zambito agreed that Kosiorek got a poor start in life, but as an adult, there's no doubt he's had plenty of opportunities to address his addictions and he hasn't done it. He also said if he really wants to address those issues, there are opportunities in prison.

April 17, 2017 - 3:51pm
posted by Howard B. Owens in crime, Stafford, news.

A Brockport woman has been charged with offering a false instrument for filing in connection with a motor-vehicle accident where she allegedly gave false information about another vehicle hitting a pedestrian on Route 33 in Stafford.

Katelyn Marie Brown, 23, of Falling Leaf Trail, Brockport, is accused of saying a silver SUV struck the pedestrian at 3:21 p.m., March 19.

Brown allegedly told deputies that a silver SUV had been driving in front of her and struck the pedestrian before leaving the scene.

There's no evidence a silver SUV was involved in the accident.

Brown had previously been issued citations for alleged aggravated unlicensed operation, 2nd, failure to use due care and caution for a pedestrian, and moving from lane unsafely. 

The accident was investigated by investigators Chad Minuto and Joseph Graff.

April 17, 2017 - 12:19pm
posted by Howard B. Owens in accident, Stafford, news, crime.

     Nicole Sullivan

A 31-year-old resident of Wyoming has been arrested and accused making up information about a car-tree accident at 2:35 a.m., June 10, on Fargo Road, Stafford, where a disabled passenger was seriously injured.

Nicole Kimberly Sullivan, 31, of North Main Street, Wyoming, is charged with assault, 2nd, endangering the welfare of an incompetent or physically disabled person, falsely reporting an incident, and operator leaving the scene of an accident with injuries. 

Sheriff's Office investigators say that following the accident, Sullivan was the actual driver of the vehicle, even though she initially told responders that the driver had left the scene. Firefighters and deputies then conducted an extensive search of the area for the possible driver, both to locate the driver and out of concern that the driver could be injured.

Later that morning, Sullivan admitted to deputies that she was the driver of the vehicle.

The passenger, Zachery W. Schwarts, 20, was transported by Mercy Flight to Strong Memorial Hospital.

Investigator Joseph Graff and Deputy Eric Meyer, who assisted in the investigation, assert that Sullivan failed to report the accident as soon as she was physically able to do so and that she failed to make timely notification of the need for medical assistance for the injured passenger.

Sullivan was also issued citations for driving left of pavement markings, unlicensed operator, aggravated unlicensed operation, 3rd, failure to notify DMV of address change, no seat belt, and unregistered motor vehicle.

Also assisting in the investigation, Sgt. John Baiocco.

Top Photo: File photo.

April 17, 2017 - 9:46am
posted by Howard B. Owens in crime, byron, pembroke, news.

Kayla Simone Foster, 27, of Brunswick Boulevard, Buffalo, is charged with DWI, driving with a BAC of .18 or greater, reckless driving, speeding, and failure to keep right. Foster was allegedly observed driving in the wrong lane in excess of 55 mph at 11:52 p.m., Friday, on Route 33, Byron. Foster was stopped by Deputy Eric Meyer and also charged with tinted windows, failure to attach registration, and failure to notify DMV of change of address.

Cristina Gabriele Vella, 24, of Pat Street, Rochester, is charged with unlawful possession of marijuana and speeding. Vella was charged following a traffic stop at 6:47 p.m. Saturday on Route 77, Pembroke, by Deputy Micheal Lute. Also charged with unlawful possession of marijuana was Nicholas Joseph Niedbala, 25, of Manitoba Woods Lane, Spencerport.

April 16, 2017 - 5:39am
posted by Howard B. Owens in crime, pembroke, news.

An employee at the Econolodge in Pembroke told dispatchers she had to lock herself in a closet because of the conduct of a person in the lobby.

The activity was described as "unwanted advances" by the female guest. 

The woman has apparently left the front desk area now, but the caller reports she kept repeating the phrase "the angels are with us."

She also reportedly "destroyed" the front desk area.

It's not known what room she is staying in.

Law enforcement is responding.

UPDATE 6:28 a.m.: The female has been located in front of the Flying J.

April 14, 2017 - 2:19pm
posted by Howard B. Owens in crime, batavia, news, corfu, Bethany.

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with two counts of obstructing governmental administration, criminal contempt, 2nd, and two counts of harassment, 2nd. Dhanda allegedly violated an order of protection. He is accused of spitting on and kicking the arresting officer, Officer Pete Flanagan. He was jailed on $5,000 bail or $10,000 cash.

Quentin L. Gibson, 32, of Glendale Drive, Lockport, is charged with DWI, aggravated unlicensed operation, no headlights, and obstructed view. Gibson was stopped at 11:47 p.m., April 7, on West Main Street, Batavia, by Officer Eric Foels.

Tyler D. Price, 24, no permanent address, was arrested for alleged failure to appear on a ticket.

Emily J. Walker, 24, of Sherman Stedman Road, Sherman Town, was arrested on a warrant. Walker allegedly violated terms of Drug Court. She was jailed on $100,000 bail.

Blake Riley Pahuta, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana and improper right turn at an intersection. Pahuta was stopped at 12:28 a.m., Thursday, on South Main Street, Batavia, by Officer Jason Ivison.

Terry Lee Lamere, 52, of Buffalo Road, Bergen, was arrested on a warrant for alleged failure to appear. 

Donald C. Hale, 58, of Townline Road, Byron, criminal contempt, 2nd, turned himself in to police in connection with an investigation into his alleged attempt to contact a protected person.

Brandon J. March, 32, of South Main Street, Batavia, is charged with unlawful possession of marijuana. March was allegedly found in possession of marijuana at 7:46 a.m., March 31, at a location on Cone Street, Batavia, by Officer Frank Klimjack.

Joseph M. Marranco Jr., 46, of Pringle Avenue, Batavia, is charged with petit larceny. Marranco allegedly stole prescription pills from another person. He was jailed on $5,000 bail, $10,000 bond.

A 17-year-old resident of Holland Avenue was arrested on a warrant and jailed on $2,500 bail.

Aaron M. Talbot, 35, of Pearl Street, Batavia, is charged with menacing, 2nd, harassment, 2nd, and criminal possession of a weapon, 4th. Talbot was allegedly involved in a fight at 5:50 a.m., April 4, in which he struck another person and displayed a knife.

April 11, 2017 - 3:27pm
posted by Howard B. Owens in crime, batavia, news.
       Dawn Piasta

Because she's an older woman in frail health, 61-year-old Dawn Piasta isn't going to jail, Judge Charles Zambito told the admitted drug dealer before sentencing her today to five years probation.

One tiny slip-up while on probation, Zambito told Piasta, and she's going to state prison.

"I want to impress on you that there is going to be no leeway for you," Zambito said.

Piasta said she understood, but she's already violated the terms, by her own admission, of her pre-sentencing release from jail once.  She told a probation officer preparing her pre-sentence report that she smoked marijuana in mid-March.

Normally, Zambito said, that alone, as a violation of her plea bargain, would at a minimum have meant a jail term. But since the Genesee County Jail isn't set up to house female inmates and it would be hard to place her in a neighboring county jail given her health conditions and age, his options were limited.

Piasta has admitted to criminal possession of a controlled substance, in the fifth degree, and criminal possession of a controlled substance, in the seventh degree.

She was arrested in November, accused of selling crack cocaine to an agent of the Local Drug Task Force.

Her defense attorney, Michael Locicero, lobbied for a probation-only sentence because of Piasta's age, health and the circumstances of the charges, which he attributed, at least in part, to intimidation by other people.

"She realizes the gravity and nature of what she got herself into and she's not asking to be absolved of her responsibility," Locicero said. "I ask the court to take these factors into consideration and give her a probation-only sentence."

That wasn't Zambito's plan, he said, before conferring with jail officials on the limitations of housing her for a few months. Given the issues in the community with drug abuse, he said, he thought some jail time would be more appropriate.

"I agree with the D.A.," Zambito said. "You violated the terms of your plea offer and the sentence for your felony conviction could be two-and-a-half years in state prison. I'm not going to do that. My inclination was shock probation (a term in jail followed by probation) even before the violation. I understand the possibility of intimidation, but you are the one who chose to open your home to drug users and drug dealers and start using drugs yourself."

April 11, 2017 - 1:25pm
posted by Howard B. Owens in crime, batavia, news.

Whether Sean Vickers, the convicted child molester, will get a new trial on charges related to several allegations he already faced in Genesee County, is still up in the air while the District Attorney's Office seeks to appeal a court ruling that threw out Vickers' conviction on some of the counts he faced locally.

Vickers is serving 20 years in state prison on his sex crime convictions in Niagara County, but some of the felony counts he was convicted on in Genesee County were dismissed after an appeals court ruled that his rights were violated because the prosecution amended the original grand jury indictments and tried him on counts other than those listed in the original indictments.

An attorney for Vickers, Benjamin Nelson, appeared in County Court this morning arguing that access to papers in the possession of the DA or local law enforcement should be preserved and discoverable by his client, should the case proceed. Nelson is also supportive of the prospect of all records related to Vickers' trial and conviction being sealed because the conviction was overturned.

Assistant District Attorney Shirley Gorman argued that because one local conviction was upheld, and the appeals court ruled that the DA's Office can seek a new indictment, and since the DA's office is seeking a chance to reargue its case before the Court of Appeals, therefore Vickers' case records should not be sealed.

She also argued that Vickers, because of the case he's already been through, already knows of, and has access to, all of the prosecution and law enforcement documents he could possibly get.

Nelson said he was merely seeking the court's acknowledgment that counsel representing Vickers in the future has a right to request documents that he may not presently have seen or know about. He has no current request for specific documents, he told Judge Charles Zambito.

Nelson also raised the possibility that Vickers could seek to bar the people from further prosecution on charges related to the prior indictment because of his rights to a speedy trial and his Constitutional protection against double jeopardy. 

But Gorman said the speedy trial issue wouldn't apply because any delay is the result of Vickers' appeal and not anything the prosecution did, and that by granting the people's right to re-prosecute and dismissing the prior counts without prejudice, there is no issue of double jeopardy.

Zambito said he will review the case and arguments and provide a ruling at a later date.

April 11, 2017 - 10:39am
posted by Howard B. Owens in Le Roy, crime, news.

Thomas J. Coleman, 55, of Alfred Drive, Rochester, is charged with DWI, driving with a BAC of .18 or greater, and speeding. Coleman was stopped by Le Roy PD after allegedly passing a patrol car at 47 mph in a 30-mph zone on West Main Street in the village at 9:44 p.m., Friday. Coleman allegedly failed to yield to the patrol vehicle's emergency lights and struck a curb prior to pulling over. Coleman was found to allegedly have a BAC of .18 or greater.

Nicholas T. Bowden, 21, of Le Roy, is charged with four counts of criminal possession of stolen property, 4th, and grand larceny, 4th. Bowden was arrested Monday by Le Roy PD. He allegedly possessed credit cards belonging to a relative and used the cards to make unauthorized withdrawals from an ATM machine of more than $1,000.

April 11, 2017 - 9:28am
posted by Howard B. Owens in crime, news, Darien.


Every Tuesday, Troop A, State Police, put out a press release on an unsolved crime, a cold case. Today's release is about a Cheektowaga woman whose body was found in Darien:

Cold Case Tuesday: The New York State Police in Batavia continue to investigate the 39-year-old murder of Jessica Rose Lane.
On Nov. 25, 1977, the partially decomposed body of Jessica Rose Lane, age 66, was found by two deer hunters in a wooded area off of Alley Road in the Town of Darien, Genesee County. The victim was found fully clothed with three fractured ribs, a fractured left elbow and a fractured skull, likely caused by stabbing.
Lane was last seen on Nov. 11, 1977, at Williamstown Apartments in Cheektowaga.
The exact location of the crime has yet to be determined. However, residents below the victim’s apartment claimed to have heard two “thumps” between the hours of 4 and 4:30 a.m. on Nov. 12, 1977.
Lane, who resided alone, was known to keep to herself and rarely had visitors. Suspects have been developed but no arrests have been made.
Anyone with information regarding this investigation is asked to contact Investigator Ron Wilson of the New York State Police Bureau of Criminal Investigation in Batavia by calling 716-361-1585. Please refer to SJS # 3029541.

April 10, 2017 - 2:11pm
posted by Howard B. Owens in crime, batavia, news.
 Ann Marie Capuano

A Batavia woman is accused of threatening employees of a business on State Street Road with a knife after they found her in the building allegedly burglarizing the establishment.

Arrested was Ann Marie Capuano, 32, of Montclair Avenue, Batavia. 

She is charged with burglary, 3rd, menacing, 3rd, criminal trespass, 3rd, possession of burglary tools and criminal mischief, 4th.

The break-in was reported at 8 a.m., Saturday.  

When deputies responded, Capuano was located leaving the area on a bicycle on State Street Road. She was stopped for questioning.

Capuano was identified as the suspect.

According to the Sheriff's Office, she threatened staff of the business with a knife when they located her in the business and requested she remain at the business until the arrival of law enforcement.

She was jailed on $5,000 bail.

The incident was investigated by Investigator James Diehl, Deputy Chris Erion, Deputy Chad Cummings, Deputy Jenna Ferrando, with assistance from Batavia PD.

K-9 Destro helped locate evidence at the scene.

April 10, 2017 - 11:41am
posted by Howard B. Owens in east pembroke, pembroke, news, crime.

Crime isn't out of control in East Pembroke, but the idea of a neighborhood watch program in the hamlet is to make sure things don't get worse, said Amber Winters, one of the group's organizers.

There is crime in every neighborhood, she said, and East Pembroke isn't unique.

"It’s a pretty normal rate of crime here but that doesn’t mean we have to be OK with it," she said.

More than 150 people have joined a Facebook neighborhood watch group. The group has joined National Neighborhood Watch, a division of the National Sheriffs' Association, and is planning a meeting from 7 to 9 p.m. at the elementary school April 19.

The Sheriff's Office is fully supportive and will participate in the meeting, said Chief Deputy Gordon Dibble.

"Years ago we used to have several neighborhood watch groups in the county and they kind of died off," Dibble said. "We're very interested in neighborhoods that want to start these up.

"We’re excited to see what we can do to give this group what it needs," Dibble said.

The main purpose of neighborhood watch group is just to help neighbors get to know each other better, which helps residents identify things that are out of the ordinary.

"There are more rental properties now and people are coming in and we're looking at a lot of new faces all of the time," Winters said. "We just don't know anybody anymore and we want to connect all of the new families and the faces and the houses who don't know each other so we get to know each other."

One impetus for the group was the assault at the Arrow Mart a couple of months ago. Some community members thought, Winters said, that maybe they should do something before crime does become a serious problem in the hamlet.

"With all the car break-ins, people attacked in their homes, the assault at the Arrow Mart, we were feeling more frustrated," she said.

At the meeting on the 19th, people will be able to meet each other, but the Sheriff's Office will also be on hand to let the community know what it has available to help the group.

"We just don’t know our neighbors like we did back in the day," Dibble said. "It’s the truth. We know that."

East Pembroke residents are looking for a chance to change that.

April 9, 2017 - 11:06am
posted by Howard B. Owens in crime, batavia, byron, news.
     Jacob Russell

Jacob J. Russell, 21, of Walkers Corners Road, Byron, is charged with two counts of criminal possession of a controlled substance, 5th, two counts of criminal possession of a controlled substance, 7th, criminal possession of a weapon, 4th, unlicensed growing of cannabis, unlawful possession of marijuana. Russell was arrested Friday on a warrant by the Local Drug Task Force. He was allegedly found in possession of LSD and psilocybin mushrooms, and a quantity of processed marijuana and marijuana plants. Task force members also allegedly found two illegal knives and cash. Russell was arraigned and jailed on $7,500 bail. Additional charges are possible.

     Charles Williams

Charles "Gusto" Thigpen Williams, 38, of South Spruce Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Williams was arrested on a grand jury indictment for the listed charges following an investigation by the Local Drug Task Force. Williams allegedly sold crack cocaine at a location in the City of Batavia. Williams was jailed pending arraignment in City Court.




April 7, 2017 - 1:46am
posted by Howard B. Owens in crime, batavia, news.

Police are looking for a black male wearing a red hoodie who is wanted in connection with a disturbance reported about 10 minutes ago on Liberty Street.

He is believed to be heading toward Pringle Avenue. 

Police are tracking his footprints in the snow.

Police were originally dispatched for a disturbance with a report of a man holding a brick. He may have been threatening to damage a vehicle.

April 6, 2017 - 5:17pm
posted by Howard B. Owens in crime, batavia, Oakfield, news.
Adriann Smith

Adriann T. Smith, 36, of South Pearl Street, Oakfield, is charged with two counts of criminal sale of a controlled substance 3rd and one count of criminal nuisance 1st. 

Smith was arrested on a grand jury indictment that was the result of an investigation by the Local Drug Task Force into the sale of prescription drugs in the Village of Oakfield and City of Batavia.

She is accused of selling the drugs to a Drug Task Force agent. 

She was jailed pending arraignment.



April 6, 2017 - 9:52am
posted by Howard B. Owens in crime, Pavilion, batavia, Le Roy, news.

Stephen Everett Pike, 20, of Big Tree Road, Pavilion, is charged with fourth-degree criminal mischief. Pike is accused of driving recklessly in the parking lot of Pavilion High School at 11:30 p.m., March 11, causing his vehicle to strike the building, damaging it (previous report).

Tonya Marie Ficarella, 30, of Lovers Lane Road, Batavia, is charged with petit larceny. Ficarella is accused of stealing merchandise from Kohl's Department Store.

Robert John Leach, 56, of Lake Street, Le Roy, is charged with driving while ability impaired by drugs and inadequate plate lamp. Leach was stopped at 11:23 p.m. Saturday on Main Road, Stafford, by Deputy Ryan Delong.

April 5, 2017 - 3:07pm
posted by Billie Owens in crime, news, batavia, Le Roy.

Leonard E. "L.B." Aguayo is indicted for the crime of criminal possession of a controlled substance in the third degree. It is alleged that on Feb. 11 in the City of Batavia that Aguayo knowingly and unlawfully possessed a narcotic drug -- crack cocaine -- with the intent to sell it, a Class B felony. In count two, the defendant is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony, for allegedly knowingly and unlawfully selling crack cocaine in the City of Batavia on Feb. 11.

Brian F. Kent is indicted for the crime of unauthorized use of a motor vehicle in the first degree, a Class D felony. It is alleged that on Sept. 5 in the Town of Le Roy that Kent, knowing he did not have the owner's consent, nonetheless took, operated and exercised control over a 2014 Toyota Highlander, with the intent to use the vehicle in the course of or commission of a felony or in the immediate flight from such action. In count two, Kent is accused of the crime of second-degree criminal mischief, a Class D felony, on North Street in the Town of Le Roy. In count two, he is accused of damaging another person's property in an amount exceeding $500 -- the front windshield wiper, passenger side rear and front doors, passenger side front quarter panel, hood, and the driver's door window of a 2007 Dodge Charger police four-door sedan, in the amount of about $3,183.68. In count three, the defendant is accused of another count of second-degree criminal mischief for allegedly damaging a 2014 Toyota Highlander, also on Sept. 5, in an amount exceeding $500. In count four, Kent is accused of the crime of third-degree criminal trespass, a Class B misdemeanor, for allegedly knowlingly entering or remaining unlawfully on real property, which consisted of a right-of-way or yard of a railroad or rapid transit railroad that is designated, and was conspicuously posted as a no-trespass railroad zone. In count four, the defendant is accused of entering onto and driving a vehicle at a high rate of speed on a posted railroad right-of-way in the Town of Le Roy. In count five, Kent is indicted for the crime of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count five that Kent damaged a gate of a chain-link fence located at Hanson Aggregates in the Town of Le Roy on Sept. 5.

Stacey D. Mancuso is indicted for five Class E felonies, all stemming from driving a 2010 Dodge on Pratt Road in the Town of Batavia on Dec. 4. In count one, she is accused of aggravated unlicensed operation in the first degree for driving while knowing, or having reason to know, that her driver's license was suspended, revoked or otherwise withdrawn by authorities, and doing so while under the influence of alcohol or a drug. In count two, Mancuso is accused of the crime of DWI for allegedly driving while in an intoxicated condition. In count three, she is accused of the crime of aggravated DWI, per se, for allegedly having a BAC of .18 percent or more at the time. In count four, she is accused of aggravated DWI for allegedly driving while intoxicated with a child age 15 or less as a passenger in the vehicle. In count five, Mancuso is accused of the crime of aggravated DWI, per se, for allegedly having a BAC of .08 percent or more at the time with a child age 15 or less as a passenger in the vehicle.

Gayno S. Standsblack is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Feb. 27, the defendant -- having been charged with or convicted of a crime and while confined in a correctional facility, in this case the Genesee County Jail, caused injury to a person and intended to do so.

April 4, 2017 - 9:25pm
posted by Howard B. Owens in crime, elba, news.

A Mexican national who entered the country illegally after deportation and should have registered as a sex offender was sentenced in Federal Court today to 24 months in prison.

Jose Maria Agustin, 43, had previously entered a guilty plea to reentry after deportation subsequent to an aggravated felony conviction.

He was arrested in December after he was located working in Elba.

In 2009, the Agustin was convicted in California of rape and assault with a deadly weapon and sentenced to five years in prison. After serving his prison sentence, Agustin was returned to Mexico and permanently barred from entering the United States.

Besides being in the United States illegally, he was also legally obligated, as a registered sex offender in California, to register in New York once he established a residence in Elba.


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