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October 16, 2017 - 9:46am
posted by Howard B. Owens in crime, news, Darien, batavia, notify, Stafford, Attica.

Tatiana C. Lugo, 22, no permanent address, Batavia, is charged with: second-degree harassment;third-degree robbery; endangering the welfare of a child; tampering with physical evidence; and criminal mischief, 4th. Lugo was allegedly involved in a fight with a male on Bank Street at 1:02 p.m. Sunday in the presence of two young children. During the course of the investigation by officers Kevin DeFelice and James Prusak, Lugo allegedly stole property from the victim. Lugo was ordered held without bail.

Patrick Ervin Say, 57, of Nesbitt Road, Attica, is charged with DWI, driving left of pavement markings, and failure to keep right. Say was allegedly involved in a single-car accident on Molasses Hill Road, Bethany, at 5:43 p.m. Sunday. The accident was investigated by Deputy Ryan Delong and Sgt. Jason Saile. (Initial Report)

Shane Lee Hoehn, 43, of Seven Springs Road, Batavia, is charged with DWI, driving with a BAC of .08 or higher, failure to notify DMV of address change, and driving over the divide on a divided highway. Hoehn was stopped at 2:16 a.m. Sunday on East Main Street, Batavia, by Deputy Eric Meyer.

Clifford W. Matthews, 43, of Batavia Stafford Townline Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, drinking alcohol in a motor vehicle, and leaving the scene of a property damage accident. Matthews was allegedly involved in an accident on Batavia Stafford Townline Road, Stafford, at 4:43 p.m. Friday. The accident was investigated by Deputy Jenna Ferrando and Sgt. Eric Seppala.

Shawn Micheal Koegl, 30, of Alleghany Road, Attica, is charged with: DWI; driver view obstructed; possession of an open container; failure to keep right; and uninspected motor vehicle. Koegle was arrested following an investigation by deputies Mathew Clor and Eric Meyer into an accident at 2:02 a.m. Saturday on Route 77, Darien.

Passiona C. McConnell, 39, of Bank Street, Batavia, is charged with a curfew violation under the Batavia Municipal Code. McConnell was charged after her underage son was located in public after curfew. The youth was located at 12:59 a.m., Oct. 7, in the area of 20 Main St., Batavia, by Officer Peter Flanagan.

Michael J. Henry, 50, of Ellicott Street, Batavia, is charged with disorderly conduct. Henry allegedly refused a lawful order by police to disperse at 10:45 p.m. Saturday while at Van Detta Stadium. Henry was arrested by officers Frank Klimjack and Stephen Cronmiller.

Joseph R. Paner, 37, of Cheekwood Drive, Cheektowaga, is charged with driving while ability impaired by drugs. Paner's vehicle was located after a complaint at 9:27 p.m. Saturday on Genesee Street, Pembroke, of a vehicle being operated erratically. Deputy Ryan DeLong initiated a traffic stop. Assisting in the investigation was Sgt. Thomas Sanfratello and Deputy Eric Meyer.

John M. Lippold, 42, of Bethany, is charged with DWI. Lippold was stopped by State Police in the City of Batavia at 9 a.m. Friday. No further details released. 

October 15, 2017 - 10:07am
posted by Howard B. Owens in crime, news, batavia, notify.

The Sheriff's Office has made an arrest in the stabbing of a man behind businesses on Veterans Memorial Drive, Batavia, on Friday night.

Jeffrey L. Barr, 18, no permanent address, was located by Batavia Police Officer Christopher Lindsay at State Street and Washington Avenue, Batavia, at 8:30 p.m. on Saturday.

Barr is charged with attempted murder in the second degree, a Class B felony. He was arraigned in Town of Batavia and jailed without bail.

Barr is accused of stabbing a man from Buffalo multiple times, including in the neck and chest, at 9:30 p.m., Friday, behind the mall at 4140 Veterans Memorial Drive, the location of Jagged Edges, Pawn King, Yume Asian Bistro and Peebles.

The victim stumbled to the parking lot of Batavia Downs where he was located by a good Samaritan who called 9-1-1. Deputies arrived on scene and provided first aid until Mercy medics arrived.

Barr was identified as the suspect early on and deputies and members of the Local Drug Task Force, working closely with Batavia PD, spent most of Saturday trying to locate him, based on tips that indicated he was in the Batavia area.

The name of the victim and his current medical condition has not been released.

October 14, 2017 - 8:43am
posted by Howard B. Owens in crime, batavia, news, notify.

The Sheriff's Office is investigating a stabbing that occurred about 9:30 p.m., Friday, behind a shopping mall on Veterans Memorial Drive.

A male victim was stabbed in the throat.

A good Samaritan found the victim in the parking lot of Batavia Downs and called for help. Deputies arrived on scene first and administered first aid until medics arrived.

The stabbing is believed to have occurred behind 4140 Veterans Memorial Drive, the location of Jagged Edges, Pawn King, Yume Asian Bistro and Peebles.

The victim was transported by Mercy EMS to ECMC for treatment of serious injuries.

The investigation is ongoing.

Deputies were assisted at the scene by Batavia PD, State Police, Mercy EMS, and security staff from Batavia Downs.

October 13, 2017 - 10:31am
posted by Howard B. Owens in crime, news, batavia, pembroke.

Lee Uzarowski, 50, of Main Street, Akron, is charged with DWI, no tail lamps, driving left on crest of grade or curve, and driving left of pavement markings. Uzarowski was stopped at 1:28 a.m. today on Hopkins Road, Pembroke, by Deputy Matthew Clor.

Lamar Lee Mobley, 23, of Warren Street, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and speeding. Mobley was stopped at 10:17 a.m. Thursday on Lewiston Road, Batavia, by Deputy Howard Wilson.

October 12, 2017 - 7:48am
posted by Howard B. Owens in crime, news, Darien, batavia, Le Roy, notify.

Joseph Lee Henry, 31, of Chaddock Avenue, Hornell, is charged with felony DWI, aggravated unlicensed operation first, unlicensed operation of a motor vehicle, drinking alcohol in a motor vehicle, and moved from lane unsafely. Henry was stopped at 11:47 p.m., Tuesday, on Tinkham Road, Darien, by Deputy Eric Meyer. Henry was also cited for inadequate exhaust and illegal stickers. He was jailed without bail.

Thomas A. Culver Jr., 38, of Wood Street, Batavia, was arrested on a warrant for alleged failure to appear for his intermittent jail sentence for several weekends. He was jailed on $2,500 bail.

Roseann Cooper, 48, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear on a charge of second-degree aggravated unlicensed operation. Cooper posted $500 bail and was released.

Aisha I. Culver, 19, of Batavia, is charged with unlawful possession of marijuana. Culver was arrested in Le Roy by State Police. No further details released.

October 10, 2017 - 2:22pm
posted by Howard B. Owens in news, crime, Stafford, notify.
nicolesullivanmug2017.jpg
      Nicole Sullivan

A Perry woman accused of recklessly causing serious physical injury to a male victim by means of a motor vehicle on Fargo Road, Stafford, in June 2016, entered a guilty plea in Genesee County Court today one count of attempted assault in the second degree.

Nicole Sullivan, 31, appeared in court today for an evidentiary hearing in advance of a criminal trial, but before the hearing agreed to the plea deal, which has no sentencing cap. Since she has no prior felonies, the Class E felony conviction carries of a possible prison sentence of one-and-a-half to four years, or one to three years with up to five years probation.

Sullivan was arrested 10 months after the June 10, 2016, accident in which she ran her car into a tree on Fargo Road with a disabled person as a passenger. She was also charged with endangering the welfare of an incompetent or physically disabled person.

While out of jail awaiting further legal proceedings Sullivan was arrested again and accused of taking part in a scheme to steal $700 in phone cases from Walmart.

Today's plea satisfies the charges from the 2016 crash and the theft from Walmart.

With her arrest, Sullivan's release status was revoked and she was ordered held on $5,000 bail or $10,000 bond. Judge Charles Zambito agreed to reduce her bond to $5,000, but not without a warning.

"I don't know if I'm going to sentence you to prison," Zambito said. "I have to read the pre-sentence report. If you make it out on bail and don't come back for your sentencing, you're going to get the maximum prison sentence."

Sullivan said she understood.

October 10, 2017 - 8:38am
posted by Howard B. Owens in crime, batavia, news, notify.

Jacob J. Camerera, 26, of Ross Street, Batavia, is charged with unlawful possession of marijuana and unlawfully growing cannabis. Camerera was arrested after police responded to a neighbor illegally burning garbage at 10:03 a.m., Sunday. While Officer Mark Lawrence and Sgt. Daniel Coffey were explaining the violation of the Batavia Municipal Code, they noticed marijuana plants growing on the roof of Camerera's residence. Camerera was issued an appearance ticket and released.

Guy J. Bontrager, 46, of Werner Road, Attica, is charged with trespass. Bontrager allegedly drove an ATV on leased property on Spring Road, Alexander, without permission at 5:48 p.m. Oct. 1 causing inconvenience to deer hunters in the area.

Woodrow C. Horseman, 41, of Porter Avenue, Batavia, is charged with harassment, 2nd, and criminal mischief, 4th. Horseman allegedly pushed another person against a wall and then threw that person's phone in the road when the person tried to call the police. The incident was reported at 3:17 p.m., Thursday.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, is charged with harassment, 2nd. Freeman was allegedly involved in a domestic incident at 9:50 a.m. Thursday on South Spruce Street, Batavia.

Sy Jesman T. Brown, 32, of Rochester, is charged with criminal impersonation. Brown was arrested by State Police following a traffic stop on the I-490 in Le Roy at 9:15 a.m., Sunday. Also arrested and charged with criminal impersonation, 31-year-old Natassia V. Travis, of Rochester. Karaya D. Cummings, 28, of Rochester, was charged with criminal possession of a controlled substance and aggravated unlicensed operation. All were ordered held on bail. No further details released.

October 9, 2017 - 11:47am
posted by Howard B. Owens in crime, batavia, Darien, bergen.

Steven Ronald Obara, 24, of Litchfield, Depew, is charged with felony DWI, aggravated unlicensed operation, speeding, no seatbelt and expired vehicle inspection. Obara was stopped at 1:26 a.m. Sunday on Genesee Street, Pembroke, by Deputy Jeremy McClellan.

Joseph P. Radley, 44, of Route 33, Bergen, is charged with DWI, driving with a BAC of .18 or greater, speeding, and obstructed license plate. Radley was stopped at 11:59 p.m. Saturday on Route 33, Bergen, by Deputy Jenna Ferrando.

Clovis A. Phillips, 53, of Oak Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, suspended registration, unregistered vehicle, and aggravated unlicensed operation, 2nd. Phillips was stopped at 10:59 p.m. Thursday on West Main Street, Batavia, by Officer Kevin DeFelice.

Samantha Michelle Cook, 24, of Armand Drive, Hilton, is charged with unlawful use of a vehicle, 3rd. Cook is accused of using another person's vehicle without permission.

Phillip P. Heale, 39, of Linwood Avenue, Batavia, is charged with endangering the welfare of a child. Heale was allegedly involved in a domestic dispute where a child under age 17 was present.

David R. Morgan, 48, of Bethany, is charged with unauthorized use of a vehicle. Morgan was arrested by State Police in connection with an incident reported July 5. No further information released.

Leaha R. Wimmer, 24, of Albion, is charged with grand larceny, 4th. The alleged crime was reported at 5:14 p.m. Sept. 19 in Darien. Wimmer was arrested Friday by State Police and ordered held on bail. No further information released.

October 6, 2017 - 6:39pm
posted by Howard B. Owens in crime, batavia, news.

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A 37-year-old Dellinger Avenue resident is accused of smashing out the car window of a vehicle parked at a business, stealing the purse containing credit cards, debit cards, and checks and then using the items to make purchases at local stores.

Brandi M. Smith is accused of using the cards and checks to obtain goods while portraying herself as the victim.

She is charged with four counts identify theft 1st, four counts of forgery, three counts of identify theft 2nd, three counts of criminal possession of stolen property 4th, and one count of grand larceny 4th.

Smith was arraigned in City Court and released under supervision of Genesee Justice.

October 6, 2017 - 6:20pm
posted by Billie Owens in crime, news, batavia, byron, notify, Alabama.

Tyshawn K. King (AKA "Bullet," AKA "Jodeci" or "Jodecee") is indicted for the crime of second-degree attempted murder, a Class B violent felony. It is alleged that on Sept. 20 in the area of Thorpe Street, near Maple Street, in the City of Batavia, that King -- with intent to commit second-degree murder, specifically with intent to cause the death of another person -- engaged in conduct "which tended to effect the commission of such crime" by shooting the intended murder victim with a gun. In count two, the defendant is accused of the crime of first-degree assault, also a Class B violent felony. It is alleged in count two that with intent to cause serious physical injury to another person, King caused such injury by means of a deadly weapon or dangerous instrument, a gun. In count three, King is accused of the crime of criminal use of a firearm in the first degree, another Class B felony, for allegedly commiting a violent felony offense and possessing a deadly weapon, in this case a loaded gun, and/or displaying what appeared to be a pistol, revolver or other firearm.

Marie L. Gardner and Jason A. Shaffer are indicted by the Grand Jury of Genesee County. In count one, Gardner is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that between Jan. 28 and 29 Gardner entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In so doing, at some point she or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count two, Shaffer is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged in count two, that between Jan. 28 and 29, he entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In count three, Gardner is accused of the crime of second-degree burglary, a Class C violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In count four, Shaffer is accused of first-degree burglary, a Class B violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In so doing, at some point he or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count five, Shaffer is accused of the crime of second-degree strangulation, a Class D felony. It is alleged in count five, that at the same time and place, he acted with intent to impede the normal breathing or circulation of blood of another person by applying pressure on the throat or neck of the victim, thereby causing stupor, loss of consciousness and/or other physical injury or impairment. In count six, Shaffer is accused of the crime of third-degree attempted assault, a Class B misdemeanor, for intentionally attempting to cause injury to a person. In count eight, Gardner is accused of the crime of third-degree menacing, a Class B misdemeanor. It is alleged in count eight that Gardner used physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so. In count nine, Shaffer is likewise accused of third-degree menacing for allegedly using physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so.

Jacob J. Russell is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on March 31 in the Town of Byron that Russell knowingly and unlawfully possessed a controlled substance -- lysergic acid diethylamide -- more commonly known as the hallucinogen LSD, with intent to sell it. In count two, the defendant is accused of the same crime on the same day for allegedly knowingly and unlawfully possessing another controlled substance with intent to sell it, psilocybin mushrooms (sometimes called 'shrooms, or "magic mushrooms"), also a hallucinogen. In count three, he is accused of the same crime as in count two, but on a different day, April 7. In counts four and five, the defendant is indicted for the crime of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing "a firearm, electonic dart gun, electronic stun gun, gravity knife, pilum ballistic knife (which has a detachable blade that can be ejected to a distance of several yards by pressing a trigger or operating a lever or switch), metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chukka stick, sand bag, sand club, wrist-brace type sling or slingshot, shirken or "kung fu star," to wit, respectively: a gravity knife and a switchblade knife. In counts seven, eight and nine, he is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing a controlled substance, psilocybin mushrooms, on March 31, and on two occasions April 7. In count 10, he is accused of another count of criminal possession of a controlled substance in the seventh degree, but this time it's for LSD. In counts 11, 12, 13 the defendant is accused of unlawful possession of marijuana ("contrary to Penal Law Section 221.05") for allegedly knowingly and unlawfully possessing marijuana on March 31 and twice on April 7, respectively, in the Town of Byron. In count 14, Russell is indicted for the crime of growing, by unlicensed persons, the plant known as cannabis (marijuana), which is a Class A misdemeanor. It is alleged in count 14, that on April 7 in the Town of Byron that Russell grew the plant of the genus Cannabis, or knowingly allowed it to grow on his land without destroying it; he allegedly grew it in his residence.

Randy K. Wilmet is accused by the Grand Jury of the offense of third-degree assault, based on Prosecutor's Information (#2017-01), which is a Class A misdemeanor. It is alleged that on July 21 in the City of Batavia that Wilmet intended to cause physical injury to another person and did so. In count two of the indictment, again based on Prosecutor's Information, Wilmet is accused of third-degree menacing, a Class B misdemeanor. It is alleged in count two that Wilmet on the same day, by means of physical menace, intentionally placed another person in fear of death, imminent serious physical injury or physical injury, or attempted to do so. On Sept. 29, Genesee County Court Judge Charles N. Zambito approved an order authorizing the filing of the Prosecutor's Information charging the defendant with the offenses, which were subsequently filed with City of Batavia Court.

Meghan K. Gould is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged on between Oct. 5 and Oct. 19, 2016, that she stole U.S. currency in excess of $1,000.

Matthew H. Delosh is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in the indictment that on May 8 in the City of Batavia that Delosh drove a 2003 Saturn on Evans Street, Ellicott Street and South Swan Street while knowing, or having reason to know, that his driver's license was suspended or revoked by authorities and that at the time he was under the influence of alcohol or a drug. In count two, he is accused of the crime of driving while intoxicated, as a misdemeanor, on the same day and in the same places. In Special Information, the District Attorney accuses the defendant of having been convicted of driving while ability impaired by alcohol on April 19, 2012 in the Town of Salina Court, County of Onondaga, and that conviction forms the basis for the suspension or revocation referred to in count one of the indictment. Furthermore, the DA accuses Delosh of knowing, or having reason to know, that the prior conviction existed and that his driving privilege was therefore suspended or revoked because of that prior conviction.

John P. Daley is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged in the indictment that on May 21 in the Town of Alabama, Daley drove a 1998 Honda on Route 77 while in an intoxicated condition. In Special Information filed with the indictment, District Attorney Lawrence Friedman accused Daley of having been convicted of the crime of aggravated driving while intoxicated, per se, as a Class D felony. The DA accuses Daley of being so convicted on June 19, 2008 in Erie County Court, and the conviction was within 10 years of the crimes alleged in this indictment.

October 6, 2017 - 6:15pm
posted by Howard B. Owens in crime, batavia, news.
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Jeremy Armstrong

A 27-year-old Batavia man who shot and tried to kill another local resident got the prison term he bargained for when Judge Charles Zambito sent him to state prison for 15 years today.

Jeremy R. "Boog" Armstrong entered a guilty plea in August to attempted murder and a drug-dealing charge of criminal possession of a controlled substance. The two charges stemmed from separate crimes.

District Attorney Lawerence Friedman said through the process of arresting Armstrong and obtaining a conviction, it never came out why Armstrong tried to kill another man Dec. 2 while on Jackson Street in the City.

"Motive is not an element of the crime," Friedman said. "It wasn’t something we would have known if we tried the case, nor did we need to know."

If he hadn't accepted the plea deal in August, a conviction at trial could have resulted in a 37-year prison term.

The sentence also includes nine years on the drug-dealing conviction.

The sentence was in line with the terms of the plea deal.

October 6, 2017 - 5:16pm
posted by Howard B. Owens in crime, batavia, news, notify.
mug_seanvickers2.jpg
        Sean Vickers

District Attorney Lawrence Friedman thought for sure he was going to have to retry the local case against convicted child molester Sean Vickers after an appeals court overturned four of his jury trial convictions from 2014.

Vickers was back in Genesee County Court today. He was originally scheduled for a hearing on who his trial attorney would be and to clarify whether Vickers would testify before a grand jury presentment on the evidence against him this coming Tuesday.

Instead, Vickers surprised Friedman by agreeing to a plea deal that would cap his potential prison term on the charges to 40 years.

In 2014, Judge Robert C. Noonan handed down a 107-year sentence after Vickers was convicted at trial on similar charges.

The plea deal Vickers accepted today is the same one he turned down before that trial.

Since then, he's been convicted of one count in Genesee County that carried a seven-year prison sentence and of sexual abuse charges in Niagara County that resulted in a 20-year sentence.

This afternoon, Vickers was arraigned on four counts of course of sexual conduct in the first degree. He entered a guilty to plea to two counts in satisfaction of all four charges.

The four charges covered acts against two different victims, and the two counts admitted to were for sexual acts against a child under age 13 in 2001 through 2002 in the City of Batavia.

If the case had been presented to a grand jury, Friedman would have asked the grand jury to return an indictment that included two counts of predatory sexual assault against a child in the first degree, a Class A2 felony, which would have carried a mandatory sentence of 15 to life or 25 to life.

The plea deal means the victims won't have to testify in a second Genesee County trial and the 48-year-old Vickers won't likely get out of prison before the start of the second half of the century.

October 6, 2017 - 12:01pm
posted by Howard B. Owens in crime, batavia, news.

mug_mar_holmes_nov2015.jpg

       Marlek Holmes

A sexual predator already serving 15 years in prison for his crimes against children is looking at possibly serving another seven years for assaulting fellow inmates in the Genesee County Jail and damaging jail property.

It took a jury three hours of deliberation after a three-day trial to find Marlek Holmes guilty on two counts of assault in the second degree and criminal mischief.

The potential sentence for Holmes:

  • Count 1: a determinate sentence of at least five years and as much as seven years on his conviction for a second-degree assault committed in the jail on June 5, 2016.
  • Count 2: a determinate sentence of at least five years and as much as seven years on his conviction for a second-degree assault committed in the jail on Oct. 30, 2016.
  • Count 3: an indeterminate sentence of at least one-and-a-half to three years and as much as two to four years on his conviction for third degree criminal mischief committed in the jail on Oct. 30, 2016.

State sentencing guidelines require the combined sentence for the assault charged be served consecutively to his current 15-year sentence unless the court finds it would be "in the interest of justice" to make the sentence concurrent to the 15-year sentence. The criminal mischief sentence can be either concurrent or consecutive.

Holmes will be sentenced Jan. 2 at 9:30 a.m.

He's scheduled for a third trial on two pending Class D felony charges for allegedly violating the terms of his status as a registered sexual offender. For those charges he would not be considered a second felony offender because they are crimes under Corrections Law, not Penal Law.

Therefore, if convicted in the third trial, he would face an indeterminate sentence of at least one-and-a-third to four years, and as much as two-and-a-third to seven years on each count. Under NYS law, the sentences may run consecutively or concurrently to his other sentences.

October 5, 2017 - 10:44am
posted by Howard B. Owens in crime, batavia, news, notify.
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    Akeem Simmons

The conviction and 20-year prison term for Akeem Simmons, the then 23-year-old man who, with a partner, burglarized a home on Park Avenue, Batavia, in January 2014 will stand an appeals court has ruled.

An attorney for Simmons appealed both the conviction on a claim of an undisclosed deal with a witness and the sentence as too harsh.

The Appellate Division, Fourth Judicial Department, ruled against both motions.

Simmons and Nathaniel Davis burglarized the occupied home and Simmons was accused of carrying a gun during the commission of the crime. Davis testified against Simmons and after his testimony, Davis was sentenced to five years in prison after pleading guilty to burglary.

At trial, Attorney Thomas Burns, representing Simmons, argued that it seemed clear to him that there was an undisclosed deal between Davis and the District Attorney's Office.

At trial Davis, under oath, denied there was any deal in exchange for his testimony. District Attorney Lawrence Friedman said no deal was made in order to get Davis to testify.

A request by Burns for a separate hearing was denied by Judge Robert C. Noonan.

The appellate judges found there was no evidence to support the claim of an undisclosed deal.

The judges also ruled that because of the prior criminal record of Simmons, which included two prior burglary convictions, the 20-year prison sentence was neither harsh nor severe.

October 5, 2017 - 9:48am
posted by Howard B. Owens in crime, batavia, notify, news.

A Batavia man is facing Federal charges for allegedly viewing child pornography while using a computer in the Richmond Memorial Library in Batavia.

Robert Roy Richmond is being charged under a Federal statute that prohibits viewing child pornography that has been transmitted across state lines.

According to an affidavit filed in U.S. District Court, FBI agent Jennifer Amo opened the investigation after the bureau was notified by Batavia PD in January of an investigation into a computer being used to view child pornography at the library.

The case started when a library employee who was working in the DVD section saw a man at a computer looking at a pornographic picture of a child in fishnet stockings.

As soon as the man left, the employee shut down the computer and put an out-of-order sign on it in order to preserve any potential evidence until police arrived.

Library employees told Amo that Richmond came to the library every morning and used a computer.

Richmond was identified as the suspected computer user because he had to input his library card number to access the system. He was also identified as a suspect by the employee through a photo lineup.

Another library employee told Amo that Richmond may have been coming into the library since 2014 to view adult pornography and had been confronted four or five times by the employee about it.

Upon questioning, Richmond allegedly admitted he's been viewing child pornography since 2009.

The FBI conducted a forensic examination of the computer and the affidavit contains a description of two the images allegedly found on the hard drive. Both are sexually explicit, of girls who are about 6 or 7 years old.

No information has been released yet on the status of the pending legal case.

October 5, 2017 - 8:37am
posted by Howard B. Owens in crime, news, notify, batavia, Alabama, pembroke.

Anthony J. Nobile, 28, of New York Place, Batavia, is charged with trespass. Batavia PD was dispatched to 18 Evans St., Batavia, which is the City of Batavia Fire Hall, to investigate a complaint of a male subject who would not leave. Nobile was arrested and released on an appearance ticket.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear. McNear was located by Officer Frank Klimjack and taken into custody. He was arraigned and jailed on $1,000 bail.

Tyrone N. Thigpen Sr., 40, of Jackson Street, Batavia, is charged with criminal contempt, 2nd. Thigpen allegedly violated a stay away order of protection at 7:50 a.m., Monday.

Jordan B. Abrams, 25, of Alabama, is charged with harassment, 2nd. Abrams was arrested by State Police in connection with an incident reported at 10:24 p.m. Sept. 24 in the Town of Alabama. No further details released.

Felicia A. Dumar, 27, of Byron, is charged with endangering the welfare of a child. Dumar was arrested by State Police in connection with an incident reported at 10:07 a.m. Tuesday on Swamp Road, Byron. No further details released.

Russell S. Almeter, 63, of East Aurora, is charged with DWI and driving with a BAC of .08 or greater. Almeter was stopped by State Police at 12:14 a.m. Wednesday on the Thruway exit ramp in Pembroke. He was also charged with unlawful possession of marijuana.

October 4, 2017 - 11:42am
posted by Howard B. Owens in crime, news, batavia, Darien.

Jessica Marie Forsyth, 32, of Thomas Avenue, Batavia, is charged with petit larceny and criminal possession of a controlled substance, 7th. Forsyth is accused of stealing medication from a residence on Old Meadow Lane in Batavia.

Jeremy Aaron McCormick, 23, of East Avenue, Attica, is charged with unlawful possession of marijuana and speeding. McCormick was stopped at 6:56 a.m. Tuesday on Route 20, Darien, by Sheriff's Deputy Eric Meyer. McCormick was allegedly found in possession of marijuana and drug paraphernalia.

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October 3, 2017 - 1:58pm
posted by Howard B. Owens in crime, Darien, news, notify.

A contractor from Darien will pay a portion of a $3 million settlement with the Federal government for his alleged part in a scheme to obtain construction contracts under the false pretense that an affiliate company was owned by a disabled veteran.

John Zoladz, owner of Zoladz Construction, along with David Lyons, of Grand Island, in conjunction with Zoladz Construction and Alliance Contracting, were accused in a lawsuit of setting up a company called Arsenal Contracting with a figurehead disabled veteran in order to obtain service-disabled veteran-owned (SDVO) status.

This was a civil suit filed under the False Claims Act.

“Contracts are set aside for service-disabled-veteran-owned small businesses so to afford veterans with service-connected disabilities the opportunity to participate in federal contracting and gain valuable experience to help them compete for future economic opportunities,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Every time an ineligible contractor knowingly pursues and obtains such set-aside contracts, they are cheating American taxpayers at the expense of service-disabled veterans.”

To qualify as a SDVO small business, a service-disabled veteran must own and control the company. Arsenal purported to be a legitimate SDVO small business but it was, in fact, managed and controlled by Zoladz and Lyons, neither of whom is a service-disabled veteran. 

“Detecting and discontinuing fraud, waste, and abuse committed by those who do business with the government remains a core function performed by this Office,” said Acting U.S. Attorney Kennedy. “That function, however, takes on additional significance when the target of the fraud is a program designed for the benefit of the heroes among us—our disabled veterans.

"Although this investigation did not uncover sufficient evidence to establish criminal liability by these entities and individuals, the multimillion-dollar civil judgment ensures that those involved pay a heavy price for their decision to divert to themselves resources intended for the benefit of those who have made supreme sacrifices on behalf of all.”

The U.S. Attorney's office said the alleged sham company had few employees of its own. Instead, it relied on Alliance and ZCCI employees to function. 

After receiving numerous SDVO small business contracts, government attorneys say Arsenal subcontracted nearly all of the work under the contracts to Alliance, which was owned by Zoladz and Lyons, and ZCCI, which was owned by Zoladz. Neither Alliance nor ZCCI was eligible to participate in SDVO small business contracting programs. 

Zoladz and Lyons were accused of carrying out their scheme by, among other things, making or causing false statements to be made to the U.S. Department of Veterans Affairs (VA) regarding Arsenal’s eligibility to participate in the SDVO small business contracting program and the company’s compliance with SDVO small business requirements.  

“This settlement demonstrates the commitment of the Department of Veterans Affairs, Office of Inspector General, the Department of Justice, and other law enforcement agencies to aggressively pursue individuals and companies that misrepresent themselves as service-disabled-veteran-owned small businesses and deny legitimately disabled veterans the opportunity to obtain VA set-aside contracts,” said Inspector General, Michael J. Missal of U.S. Department of Veterans Affairs, Office of Inspector General (OIG).

“The VA OIG will continue to work diligently to protect the integrity of this important program, which is designed to aid disabled veterans. I also want to thank the U.S. Attorney’s Office and our law enforcement partners in this effort.”

The settlement resolves a lawsuit filed under the whistleblower provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The civil lawsuit was filed in the Western District of New York and is captioned United States ex rel. Western New York Foundation for Fair Contracting, Inc. v. Arsenal Contracting, LLC, et al., Case No. 11-CV-0821(S) (W.D.N.Y.). As part of today’s resolution, the whistleblower will receive $450,000.

“Providing false statements to gain access to federal contracts set aside for service-disabled veterans denies the government opportunities to meet its abiding commitment to our nation’s veterans,” said Acting SBA Inspector General Hannibal “Mike” Ware. “The SBA’s Office of the Inspector General is committed to bringing those that lie to gain access to SBA’s preferential contracting programs to justice. I want to thank the Department of Justice for its leadership and dedication to serving justice.”

This matter was investigated by the Civil Division’s Commercial Litigation Branch, Assistant U.S. Attorney Kathleen A. Lynch of the U.S. Attorney’s Office for the Western District of New York, the FBI, the VA’s Office of Inspector General, the SBA’s Office of Inspector General, and Army CID.

Press Release from Zoladz Construction:

“The very complicated and frequently changing rules and regulations governing the Service Disabled Veteran Owned Small Business Program (SDVOSB) create inherent difficulties in maintaining constant compliance. These regulatory efforts lead to frequent challenges for participating SDVOSB businesses across the nation.

Even though we had legal advice that the formation of the SDVOSB involved was in compliance, the ever changing rules made it difficult to clearly stay within a difficult landscape of compliance. All contracts procured by the SDVSOB were performed to the satisfaction of the owners and all parties involved including subcontractors and material suppliers were fully compensated.

We are proud of our history and our service to the community. We are glad to have this matter fully resolved and look forward to continuing to serve the needs of our customers and community with award-winning construction work.”

In a note, the company added:

Please also note the official press release from The Department of Justice stated: “The claims resolved by the settlement are allegations only, and there has been no determination of liability." 

NOTE: Wording was changed in the story after receiving this note to reflect that these are "allegations only."

October 3, 2017 - 11:28am
posted by Howard B. Owens in crime, Alabama, news, notify.

A resident in Alabama near the Iroquois Wildlife Refuge reportedly spotted two men with a pickup bed full of worn tires dumping them in the wetlands at about 10:42 a.m. Thursday and reported it to State Police.

Arrested were James H. Calus, 45, of Medina, and Jerry E. Nichols, 64, of Albion.

Both were issued appearance tickets for an alleged violation of the State's Environmental Conservation Law, section 9-0303, for illegal dumping on state land.

The incident occurred in the area of 1101 Casey Road, Alabama.

October 3, 2017 - 10:01am
posted by Howard B. Owens in crime, notify, news, Alabama, batavia.

Shane Kyle Logan, 45, of Judge Road, Tonawanda Indian Reservation, is charged with assault, 3rd. Logan allegedly struck another person in the face with his fist with intent to cause physical injury.

Renae Ginine Porter, 37, of East Main Street, Batavia, is charged with petit larceny. Deputy Ryan DeLong responded to a complaint of shoplifting in progress at Kohl's Department Store at 4:19 p.m. Monday. Porter was identified as the suspect, located and taken into custody. DeLong was assisted by Trooper Bill Franz and Batavia PD Officer Chris Lindsay.

Jeremy L. Lonnen, 26, of Garland Avenue, Rochester, is charged with aggravated unlicensed operation, 2nd, and failure to use headlights. Lonnen was stopped at 9:51 p.m. Saturday on Holland Avenue, Batavia, by Officer Christopher Linsday. Lonnen was jailed on $1,000 bail.

Nicholas M. Canty, 20, of Law Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Canty was arrested by Officer Stephen Cronmiller following an investigation into an incident where Canty may have been under the influence of drugs at 10:15 a.m. Saturday on Law Street, Batavia.

Barbara E. Ferrando, 46, of Summit Street, Batavia, was arrested on a warrant. Ferrando was located by a probation officer and taken into custody by Batavia PD.

Jaylyn Shayquawn Strong, 22, of Mazda Terrace, Rochester, is charged with aggravated unlicensed operation, 3rd, driving without a license, no stop lights, unlawful possession of marijuana, and aggravated unlicensed operation, 2nd. Strong was arrested on a warrant by the Sheriff's Office and turned over to Batavia PD.

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