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March 17, 2015 - 3:42pm
posted by Howard B. Owens in batavia, crime, pembroke, corfu.

Marquis K. Saddler, 24, of State Street, Batavia, is charged with aggravated unlicensed operation, 2nd, driving without an interlock device, criminal possession of a narcotic drug, criminal possession of a narcotic drug with intent to sell and unlawful possession of marijuana. Saddler was arrested in the driveway of a residence on State Street following a complaint of alleged traffic offenses. Saddler was jailed without bail.

Harry R. Silliman, 51, of Batavia, is charged with criminal contempt, 2nd. Silliman allegedly violated an order of protection by contacting a family member he was ordered not to contact. Silliman allegedly made contact at the Corfu PD office. He was jailed on $250 bail or $1,000 bond.

Patti Ann Strange, 44, of Sumner Road, Darien, is charged with disorderly conduct. Strange allegedly became verbally and physically offensive while with Pembroke Intermediate School administrators. Strange was reportedly asked to leave the property and allegedly became verbally offensive and was physically removed from the property by a Corfu PD officer and a Sheriff's deputy. 

John James Hassler Jr., 34, of Ontario Center Road, Ontario, Canada, is charged with possession/transport of more than 400 untaxed cigarettes, aggravated unlicensed operation, speeding, driving without an interlock device, unlicensed operator. Hassler was stopped at 10:50 a.m., Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

Woodrow C. Horseman, 39, no permanent address, was arrested on a warrant for alleged failure to appear. He was jailed on $100,000 bail.

Minerva Garcia, 35, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a parking ticket. Garcia posted cash bail and was released.

March 16, 2015 - 12:05pm
posted by Howard B. Owens in batavia, crime, byron, Le Roy.

Justin L. Sanders, 23, of Byron-Holley Road, Byron, is charged with two counts of burglary, 2nd, and one count of grand larceny, 3rd. Larcenies were reported from a residence on Route 237, Byron, in late November through December and two burglaries occurred at a residence on Townline Road, Byron, on Jan. 13 and Jan. 20. Sanders is accused of stealing numerous items of jewelry from the homeowner where he was living. He allegedly stole more than $3,000 worth of jewelry. He allegedly stole coins, jewelry and electronics from the Townline Road residence. Sanders was previously arrested by State Police on similar charges and is being held in the Genesee County Jail. The case was investigated by Deputy John Duyssen and Deputy Joseph Graff and Investigator Kris Kautz.

Alexander L. Waide, 20, of Batavia, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and speeding. Waide was stopped by State Police on Route 98, Village of Attica. A field sobriety test was conducted. He was transported to the Warsaw barracks and evaluated by a certified Drug Recognition Expert from the Wyoming County Sheriff's Office. A urine sample was collected and sent to the crime lab for further analysis. He was released on an appearance ticket.

Gregory Richard Fitch, 33, of Woodstock Gardens, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 2nd, charge. Fitch turned himself in and posted $100 police bail.

Lewis C. Rhodes, 36, of Summit Street, Batavia, is charged with coercion, 1st, and menacing, 2nd. Rhodes was allegedly involved in a domestic dispute at 3:12 p.m., Sunday. The victim alleges that she was threatened by Rhodes with a handgun. Rhodes was ordered held without bail.

A 17-year-old resident of South Swan Street, Batavia, is charged with harassment, 2nd. The youth, whose name was withheld by police, allegedly threatened another person several times over a period of two months.

Adam Daniel Smart, 32, of Washington Avenue, Batavia, is charged with two counts of criminal contempt, 2nd. Smart allegedly violated a complete stay away order of protection.

Tyquawn D. Bethel, 24, of East Main Street, Batavia, is charged with burglary, 2nd. Bethel was arrested in relation to an alleged incident reported Feb. 11. No further details released.

James A. Hancock, 45, of Dellinger Avenue, Batavia, is charged with harassment, 2nd. Hancock allegedly pushed and shoved another person during an argument. Hancock was jailed on $1,000 bail.

Ralph A. Golding III, 50, of Buell Street, Akron, is charged with petit larceny, public lewdness and escape, 3rd. Golding allegedly stole $5 in quarters from machines at Dollar General. Golding allegedly engaged in a lewd act while in custody at Batavia PD. He also allegedly tried to escape by defeating the lock mechanism on the holding room door. He was jailed on $2,500 bail or $5,000 bond.

Justine D. McWethy, 28, of Fairway Drive, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. McWethy was allegedly found in possession of heroin and glassine baggies.

Thomas E. Hansel, 31, of Oak Street, Batavia, was arrested on a bench warrant for alleged failure to appear on a possession of burglary tools charge. Hansel was located at Days Inn and taken into custody. He was jailed on $500 bail.

Tonya D. Smith, 29, of Oak Street, Batavia, was arrested on a warrant for alleged failure to appear on a charge of operating while registration suspended or revoked. Smith was located at the Days Inn and taken into custody. Smith was jailed on $100 bail.

Joseph Michael Dispenza Jr., 21, of East Main Street, Batavia, was arrested on a warrant stemming from a DWI charge. Dispenza allegedly violated terms and conditions of City Court's DWI Treatment Court. Dispenza allegedly turned up at intermittent incarceration while under the influence of alcohol. He was jailed on $100,000 bail.

Michael J. Robbins, 55, of Lake Street, Le Roy, is charged with criminal possession of a forged instrument, 2nd. Robbins allegedly cashed a forged personal check at the drive-up window of the Five Start Bank on East Main Street, Batavia.

Michael Joseph Myers Jr., 56, of Roosevelt Highway, Hamlin, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and moved from lane unsafely. Myers was stopped at 12:11 a.m., Saturday, on Route 237, Stafford, by Deputy Joseph Corona.

Tanyana Reedidizie Bell, 23, of Ross Street, Batavia, is charged with criminal mischief, 4th. Bell allegedly damaged property belonging to Pandora's Boxxx.

Kevin Lloyd Kenyon, 60, of Golden Pond Estates, Akron, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlights. Kenyon was stopped at 8:27 p.m. Friday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Henry Leon Polanowski, 35, of North Pearl Street, Oakfield, is charged with unauthorized use of a vehicle. Polanowski allegedly drove another person's vehicle without permission. He was jailed on $1,000 bail.

Andrea Nichole Kirch, 26, of Pratt Road, Batavia, is charged with unlawful possession of marijuana and speeding. Kirch was stopped at 2:01 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. A 16-year-old resident of Pratt Road, Batavia, was also charged with unlawful possession of marijuana. 

Joseph Hur Bianchi, 33, of Northgate Manor Avenue, Rochester, is charged with unlawful possession of marijuana and inadequate stop lamps. Bianchi was stopped at 12:05 p.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves.

Jenna L. Brodzinski, 31, of Rochester, is charged with petit larceny and criminal possession of a controlled substance. Brodzinski was arrested by State Police for allegedly shoplifting from Target. No further details released.

Norman M. Bialuski, 45, of Brockport, is charged with DWI and driving with a BAC of .08 or greater. Bialuski was stopped at 2:32 a.m. Sunday at East Main and Clinton streets, Batavia, by State Police.

March 14, 2015 - 3:46pm
posted by Billie Owens in crime, pembroke.

Kyle B. Sovocool is indicted on 13 counts of the crime of possessing a sexual performance by a child, a Class E felony. On Feb. 13, 2014, in the Town of Le Roy, Sovocool allegedly knowingly had in his possession or control, or knowingly accessed with intent to view, performances which included sexual conduct by a child less than 16 years of age. In addition, Sovocool is indicted on 13 counts of promoting a sexual performance by a child, also a Class E felony, by allegedly producing, directing or promoting performances which included sexual conduct by a child less than 17 years of age. In count 27, he is accused of criminal possession of a weapon, 4th, a Class A misdemeanor, for allegedly knowingly possessing an electronic dart gun, contrary to Penal Law Section 265.01.

Timothy M. Ryan is accused of second-degree burglary, a Class C violent felony, for allegedly knowingly entering or remaining unlawfully in a dwelling in the Town of Pembroke on Sept. 12 with the intent to commit a crime.

Shannon A. Caton is indicted for the crime of driving while intoxicated, as a Class E felony. On Nov. 19, she allegedly drove a 2014 Ford Escape on Main Street, Batavia, while intoxicated. In count two, she is accused of the crime of attempted escape in the second degree, a Class A misdemeanor, for allegedly attempting to escape from custody at Batavia PD headquarters following her arrest on the DWI charge. In addition, the District Attorney has filed Special Information on the indictment accusing Caton of having been previously convicted of felony DWI on March 1, 2005 in Monroe County -- thus within 10 years of the crimes now alleged.

Pierre A. McCullen and Christopher A. McCullen are indicted on five counts of fourth-degree grand larceny, a Class E felony, for allegedly stealing credit or debit cards and gifts cards from a person in the Town of Pembroke on Jan. 25.

James T. Saddler III is accused of offering a false instrument for filing in the first degree, a Class E felony. He allegedly knew that a Consent to Search Waiver contained a false statement or false information, and with the intent to defraud the State or public, offered or presented it to officials with the knowledge or belief that it would become public record.

The Genesee County Grand Jury returned No Bill on five counts of fourth-degree grand larceny against Craig A. Elston. The jurors issued the negative finding after considering evidence related to incidents which allegedly occurred on Jan. 25 in the Town of Pembroke.

March 13, 2015 - 5:20pm
posted by Howard B. Owens in batavia, crime, Stafford.
Joseph Wind

After observing what agents believed was a drug deal in a commercial parking lot off Main Street in Batavia, members of the Local Drug Enforcement Task Force and officers with Batavia PD conducted a traffic stop on the vehicle and made an arrest.

Joseph C. Wind, 45, of Horseshoe Lake Road, Stafford, is charged with two counts of criminal sale of a controlled substance, 3rd, two counts of criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd.

Wind was allegedly found in possession of heroin.

Also arrested was Catherine A. Norton, 32, of Ellicott Street, Batavia, who was charged with criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument.

Wind is also facing alleged traffic violations. 

He was jailed without bail.

March 13, 2015 - 5:08pm
posted by Howard B. Owens in crime, pembroke.

Andrew John Schaff, 50, of East Genesee Street, Syracuse, is charged with criminal tax fraud (a Class E felony), possession and transport of more than 10,000 untaxed cigarettes (felony), failure to keep right and moving from lane unsafely. Schaff was stopped at 1:38 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves. Schaff was allegedly found in possession of more than 10,000 untaxed cigarettes. Also charged with possession or transport or offer for sale unstamped cigarettes was Jason Christopher Landers, 36, of Lillian Avenue, Syracuse.

John Anthony Tambe Jr., 36, of Burrows Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding and aggravated unlicensed operation, 3rd. Tambe was stopped at 10:40 a.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves. He was allegedly found in possession of 3,400 untaxed cigarettes.

March 13, 2015 - 4:40pm
posted by Howard B. Owens in batavia, crime, Baby Chandler.
Jeffrey Deats and Chandler Zuchs

Motions filed in the case of a woman who thought she was the grandmother of a baby who died while in the care of her son seek to have a criminal charge against her dismissed, both because of a lack of evidence and "in the interest of justice."

Jacquelyn P. Deats, Olyn Avenue, Batavia, is charged with acting in a manner injurious to a child under 17 years old.

The charging document asserts, "On December 14, 2014, at about 7:00 a.m., while at 10 Olyn Avenue in the City of Batavia, New York, the Defendant did fail to provide and/or seek medical assistance for Chandler Zuchs dob May 20, 2014, while knowing that Zuck was suffering from serious medical symptoms. All contrary to the provisions of the statements made and provided herein."

There's simply no evidence to support the assertion, argues Attorney Thomas Burns, who is representing Deats.

There's no direct knowledge or witness statements to support the assertion that Deats knew Baby Chandler was suffering from serious medical symptoms at that time and that she had any knowledge that Baby Chandler had been mistreated.

Baby Chandler was in the care of Jeffery Deats, a 28-year-old Batavia man, who believed, based on representations by the baby's mother, Michelle Zuchs, of Tonawanda, that he was the baby's father.

Subsequently, Jeffrey had many visits with Chandler. He posted several pictures of Chandler, and of himself with Chandler to social media sites in the months prior to Chandler's death. The Dec. 13-14 visit was reportedly the first overnight visit.  

After Chandler's death from apparent brain injuries, Jeffrey Deats was arrested. A day after news came out that Jeffrey Deats wasn't the baby's father, Jeffrey Deats attempted to take his own life by hanging himself with a bedsheet in his jail cell.

Jeffrey Deats died as a result of his injuries four days later.

In a statement to police about the events of Dec. 14, Jacquelyn Deats, said she heard Chandler crying off and on throughout the night and that she woke up around 5:30 a.m. Sunday morning because she was thinking about going to church.

A half hour later, she said, she heard Chandler crying loudly, like he was screaming.

"I heard Jeff stomping down the stairs and he was calling, 'mom, mom' several times," Jacquelyn Deats said. "He sounded very upset. I said that I was in the bathroom. When I came out, Jeff was holding Chandler so that Chandler's head was on Jeff's shoulder. Jeff said, 'He's been up all night and I need to sleep.' Jeff was really upset. He laid Chandler on the couch and said, 'Now, you go to sleep you goddamn bastard,' and he turned around and went upstairs."

It would be another two-and-half hours before Jacquelyn Deats called for an ambulance, according to statements to police, which were made public when Jeffrey Deats was arrested.

Even if Judge Robert Balbick, the City Court judge who will be asked to rule on the motions, doesn't dismiss the charge for lack of evidence, he should do so "in the interest of justice," Burns argues.

"In the interest of justice" is a well-established motion in the legal system and has a series of criteria that should be met before a judge agrees to dismiss the case.

In order to establish the criteria, Burns argues:

  • That Jacquelyn Deats has no prior criminal history, has no history of drug or alcohol abuse, no mental health issues and is gainfully employed;
  • While the death of a baby is a serious criminal matter, there's no evidence Jacquelyn Deats was involved in Baby Chandler's death; "However, the charge as filed seeks to hold the Defendant accountable for her conduct after the injury already occurred to the child." Deats, Burns writes, "neither witnessed nor had knowledge" that the injuries occurred;
  • The evidence doesn't support an assertion that Jacquelyn Deats caused harm to the child, and even if she had knowledge of a serious injury and did not act, there's no evidence that any action should could have taken would have changed the outcome;
  • Jacquelyn Deats has suffered significant trauma as a result of these events, from the death of a child at the time she believed to be her grandchild, the death of her own child, and learning that Baby Chandler was not her son's son; "She has endured a substantial amount of stress and hurt and expressed deep regret for the death of the child and the tragic loss of her son Jeffrey";
  • Because Jacquelyn Deats has no drug or alcohol issues, a conviction is not necessary to effect rehabilitation;
  • The charge against her is only a misdemeanor, which for a person with no criminal record is not likely to result in any length of jail term;
  • Jacquelyn Deats is no threat to the community and dismissal would ensure she remains a contributing member of the community;
  • A conviction would serve no useful purpose; "This case also represents a series of poor choices and lack of judgement on the part of the deceased son of the Defendant, the mother of the deceased child and the Defendant now standing before the court," Burns writes. "There are simply no winners and losers in this case. No conviction will change these horrible facts. However, it is submitted that continued prosecution of Jacquelyn Deats will serve only to add to the layers of tragedy already existing with no legitimate purpose."

The prosecution has not yet filed its answer. Balbick will consider the motions at a later date.

March 13, 2015 - 12:42pm
posted by Billie Owens in crime, law enforcement, dwi, St. Patrick's Day.

Press release:

Genesee County STOP-DWI Coordinator Matt Landers has announced that Genesee County law enforcement agencies will participate in a special enforcement effort to crackdown on impaired driving from March 13-18 in conjunction with St. Patrick's Day celebrations.

The Sheriff’s Department, City of Batavia Police Department and the Village of Le Roy Police Department are all taking part in the crackdown.

St. Patrick’s Day Weekend is historically a deadly period for impaired driving. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force in this across the board effort to reduce the number of alcohol related injuries and deaths.

Genesee County Undersheriff William Sheron said: “We know the history of impaired driving on and around St. Patrick’s Day. With this in mind, we will have extra patrols on duty to help ensure the safety of our highways during this time.”

The STOP-DWI St. Patrick’s Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association and funded by local STOP-DWI programs as well as the STOP-DWI Foundation and the Governor’s Traffic Safety Committee. This partnership has allowed local programs to significantly increase their enforcement and public awareness efforts.

The Statewide STOP-DWI Crackdown Campaign also targets Memorial Day, 4th of July, Labor Day Weekend, Halloween and the national Holiday Season in December.

You can help to make a difference by Having a Plan! Download our new mobile app – “Have a Plan” and you will always be able to find a safe ride home www.stopdwi.org/mobileapp

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

March 13, 2015 - 12:25pm
posted by Howard B. Owens in batavia, crime, pembroke.
William Kelly Robert Kelly Michael Correia

One of three men who has already admitted his role in a series of construction site burglaries in Genesee County will serve one to three years in prison, Judge Robert C. Noonan ruled this morning.

Michael Correia, 58, of Syracuse, admitted to third-degree burglary on Dec. 16, and while his sentencing in County Court concludes his case, his alleged accomplices continue to maintain their innocence.

Noonan will hear motions in the cases against Syracuse residents William Kelly, 44, and Robert Kelly, 43, on April 30.

All three were charged with burglary after an alert deputy in Wayne County spotted what he thought might be stolen property in a vehicle during a traffic stop.

The three men are accused of breaking into a Kutter's Cheese building, and stealing items from a residential construction site on East Main Street, Batavia, sometime during the early morning of Aug. 27.

They were allegedly found with more than $3,000 in material, including brass plumbing components and copper wire.

March 12, 2015 - 1:53pm
posted by Howard B. Owens in batavia, crime.

Gerald Jacob Farrell, 21, of Southeast 170th Street, Weirsdale, Fla., was arrested on a warrant stemming from a third-degree criminal mischief charge. Farrell turned himself in, was arraigned in City Court and jailed without bail.

Erica M. Raphael, 30, of Oak Orchard Road, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Raphael turned herself in and was released on her own recognizance.

Alex Patrick Brasky, 24, of Clifton Avenue, Batavia, is charged with unlawful possession of marijuana and speeding. Brasky was stopped at 5:01 p.m. Wednesday on Route 33, Stafford, by Deputy Chad Minuto and allegedly found in possession of marijuana and a glass smoking pipe with marijuana residue.

March 11, 2015 - 5:05pm
posted by Howard B. Owens in batavia, crime, pembroke.

Amy E. D'Amico, 25, of Osterhout Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident and following too closely. D'Amico was arrested by Officer Matthew Wojtaszczyk following a report of an accident on East Main Street, Batavia, at 11:05 p.m. on March 5.

Emily J. Smart, 32, of Akron, is charged with petit larceny. Smart is accused of stealing merchandise valued at $93 from Walmart.

Norman S. Malkimos-Gonzalez, 28, of Liberty Street, Batavia, is charged with harassment, 2nd. Malkimos-Gonzalez is accused of shoving a person during an argument. He was jailed on $750 bail.

Tiffany A. Reed, 20, of South Main Street, Batavia, is charged with unlawful possession of marijuana. Reed was arrested by Batavia PD after she was allegedly found in possession of marijuana during a home visit by probation officers.

Ronald J. Murray Jr., 20, of Wood Street, Batavia, was arrested on a warrant. Murray was arrested by State Police and turned over to Batavia PD. He was jailed on $1,000 bail.

Ronald Allan Roberson, 61, of Norwood Lane, Orchard Park, is charged with possession of more than 400 untaxed cigarettes and speeding. Roberson was stopped at 10:40 a.m. Monday on Route 77 by Deputy Patrick Reeves.

March 9, 2015 - 12:46pm
posted by Howard B. Owens in batavia, crime, pembroke, Darien, Le Roy, Stafford.

Eric Raymond Westermeier, 27, of Alleghany Road, Darien, is charged with felony driving while ability impaired by combined drugs and alcohol, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and unlawful possession of marijuana. Westermeier was arrested following an investigation by Deputy Chad Cummings into a vehicle off the road at 10:11 p.m. Sunday on Erie Street, Darien Center.

Timothy O. Lee, 34, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, 7th, and speeding. Lee was arrested following a traffic stop in the Village of Le Roy. He was allegedly found in possession of cocaine.

Terry L. Travis Jr., 32, of Pringle Avenue, Batavia, is charged with resisting arrest, criminal obstruction of breathing, endangering the welfare of a child and unlawful imprisonment. Travis was allegedly involved in a domestic incident at 11:30 p.m. Saturday. He was jailed on $3,000 bail.

Jessica L. Ford, 24, of Oak Street, Batavia, is charged with criminal contempt, 2nd. Ford allegedly violated an order of protection by contacting the protected party. Ford was jailed on $1,000 bail.

Dale E. Banfield, 53, of Chestnut Street, Batavia, is charged with criminal tampering and resisting arrest. During a supervised property exchange, Banfield allegedly became verbally abusive toward the other party and grabbed the drawer from a nightstand and threw the contents across the room. As officers attempted to arrest Banfield, he allegedly pushed the officers and attempted to tackle one of them. After a brief struggle, Banfield was subdued and taken into custody. He was jailed on $5,000 cash bail or $1,000 bond.

Donna Marie Kroft, 61, of State Street, Batavia, is charged with petit larceny. Kroft allegedly stole groceries and other items from Tops Market by concealing the items in her purse and inside her coat.

Michael L. Williams, 35, no permanent address, is charged with criminal contempt, assault, 3rd, and aggravated criminal contempt. Williams was arrested on a warrant for the listed charges. He was reportedly found by Batavia PD officers hiding in a stairwell at a residence on Jackson Street, Batavia. He was jailed without bail.

Linda B. Gratton, 66, of Downer Street, Baldwinsville, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Gratton turned herself in. She posted $500 police bail.

Kristen S. Buchholz, 32, of South Main Street, Batavia, is charged with harassment, 2nd, and disorderly conduct. Buchholz was allegedly involved in a verbal dispute with administrators at Batavia Middle School. She was jailed on $100 bail.

Marcos A. Torres, 32, of Cherry Street, Batavia, is charged with unlawful imprisonment, 2nd, and harassment, 2nd. Torres was allegedly involved in a domestic incident. He was jailed on $2,500 bail or $5,000 bond.

Cheryl A. Kowalik, 54, of Alexander Road, Batavia, was arrested on a warrant for alleged failure to appear on an issuing a bad check charge. Kowalik turned herself in to Batavia PD and posted $500 bail.

Bradley W. Howard, 24, of Honeysette Road, Mayville, was arrested on a warrant for alleged failure to appear on a DWI charge. Howard turned himself in to Batavia PD and was jailed on $1,000 bail.

Stephen Gary Hall, 69, of Murray Street, Mt. Morris, is charged with possession of more than 400 untaxed cigarettes. Hall was stopped for an alleged traffic violation at 11:16 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. Also charged were Bernard Leonard Brock, 65, of Hopkins Street, Mt. Morris, and Edith May Donohue, 74, of Columbus Avenue, Mt. Morris.

Victoria Joanne Supple, 42, of Stroh Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and failure to keep right. Supple was stopped at 2:03 a.m. Saturday on Buffalo Street, Alexander, by Deputy Andrew Hale.

Darien Lamont Anderson, 20, of Egret Drive, Henrietta, is charged with unlawful possession of marijuana. Anderson was charged following an investigation by Deputy Chad Commings at 7:11 p.m. Saturday into a vehicle pulled off the road on Route 33, Bergen.

Lauren E. Scalzo, 19, of Bergen, and two 17-year-olds, were charged with unlawful possession of marijuana. The arrests were made by State Police at 1:30 p.m. Sunday on Sumner Road, Darien.

Marco A. Hernandez, 21, of Stafford, is charged with DWI, driving with a BAC of .08 or greater and unlawful possession of marijuana. Hernandez was stopped at 6:28 p.m. Sunday on Route 98, Batavia, by State Police.

March 6, 2015 - 3:42pm
posted by Howard B. Owens in batavia, crime, pembroke, Darien, Stafford.

Janet Marie Knauss, 49, of Alpine Lane, Caledonia, is charged with grand larceny, 4th, falsifying business records, 1st, and conspiracy, 5th. Knauss, along with Carol Ann Knauss, 26, of Main Road, Stafford, and Arthur Roy Knauss, 52, of Alpine Lane, Caledonia, are accused of working together to steal from Target. At different dates and times, Janet Knauss allegedly entered false discounts, voided transactions and bagged items that were not scanned so they could be stolen while working as a cashier at the store. The total value of items allegedly stolen exceeds $1,400. Carol Knauss, who was also a cashier at Target, is charged with falsifying business records, petit larceny and conspiracy, 6th. Arthur Knauss is charged with conspiracy, 6th, and petit larceny. The case was first reported in January and investigated by Deputy James Diehl.

Frank Ludwig, 65, of Oakfield, is charged with forcible touching. State Police arrested Ludwig for allegedly having unwanted physical contact with a family member.

Jordon N. Odom, 18, of Stafford, is charged with harassment, 2nd, and criminal mischief, 4th. Odom is accused of striking a family member during an argument and then taking the family member's mobile phone in order to prevent the person from calling law enforcement. He later reportedly gave the phone back. Odom was jailed on $250 bail.

Nicholas T. Stock, 25, of Batavia, Dylan J. Perry, 23, Batavia, and Grayson C. Stock, 23, of Oakfield, are each charged with petit larceny. All three are accused of shoplifting from Walmart. Nicholas Stock and Perry are accused of trying to steal four boxes of Crest White Strips worth $234.96. Grayson Stock is accused of stealing Allegra allergy medicine worth $71.98.

A 16-year-old resident of Byron Holley Road, Byron, is charged with endangering the welfare of a child. The youth is accused of giving an electronic cigarette to a juvenile, which caused "substantial medical distress" for the juvenile.

Dennis Ray Lloyd, 33, of Summit Street, Batavia, is charged with endangering the welfare of a child, assault, 3rd, and criminal obstruction of breathing. Lloyd was arrested following the report of a domestic dispute at a location on Porter Avenue at 10:30 a.m., Feb. 26.

Rachell O. Soggs, 27, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Soggs turned herself in after allegedly failing to appear for a presentencing interview ith Probation. She posted $500 police bail and was released.

Robert D. Cook, 35, of Attica Road, Darien Center, was arrested on a warrant for alleged failure to appear on a suspended/revoked registration charge. Cook turned himself in and was released on $200 bail.

Charles H. Wroten, 54, of Buell Street, Batavia, was arrested on a warrant for alleged failure to appear at the Genesee County Jail for his intermittent incarceration stemming from a third-degree assault conviction. Wroten was located by Probation, assisted by Batavia PD, and released on his own recognizance after being issued an appearance ticket.

Kerrilynn A. McDermott, 34, of Denio Street, Batavia, is charged with harassment, 2nd. McDermott is accused of throwing an iPad at another person and striking that person in the face.

Jennifer A. Way, 35, of Linwood Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving without lights on. Way was stopped at 2:12 a.m. Saturday on West Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Heidi Ann Marie Pahl, 41, of Kibbe Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Pahl was arrested following a report of a vehicle in a ditch on Genesee Street, Pembroke, at 9:27 p.m. on Sunday, which was investigated by Deputy Kevin McCarthy.

Beth Ann Collins, 47, of Lakeport Road, Chittenango, is charged with possession of more than 400 untaxed cigarettes and speeding in zone. Collins was stopped at 11:27 a.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

March 4, 2015 - 5:36pm
posted by Billie Owens in batavia, crime.

A former truck driver was found guilty by a federal jury in Buffalo today on all counts in an indictment charging him with transportation of minors with the intent to have sex, announced U.S. Attorney William J. Hochul Jr., of the Western District of New York.

David Allen Vickers, 50, was found guilty of transporting two minors in interstate commerce with the intent to engage in criminal sexual activity. According to evidence introduced at trial, the defendant, an over the road truck driver, transported two victims to Canada, New Jersey and Pennsylvania, and repeatedly abused and molested them while he was making deliveries, according to Assistant U.S. Attorneys Aaron J. Mango and Elizabeth R. Moellering.

This abuse occurred in the time frame of 1999 to 2007.

“That this defendant continuously abused numerous children over almost a quarter of a century makes him one of the area’s most prolific and dangerous abusers we have convicted,” said U.S. Attorney Hochul. “Thanks to the courage of four of the victims who testified, today’s verdicts mean that this defendant will never again harm another child.”

He is the brother of convicted child molester and former Batavia resident Sean M. Vickers. Media coverage of Sean's arrest in 2013 prompted other victims to come forward and led to the investigation of David.

Both brothers were investigated for sexual abuse of minors in multiple jurisdictions going back as long as 30 years ago.

Last September, Judge Robert C. Noonan sentenced Sean, who is in his mid-40s, to 107 years in state prison after a jury found him guilty of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

David's trial evidence also disclosed that the defendant abused other children, with the first abuse beginning in 1983. This pattern of abuse included extensive psychological manipulation of the victims (sometimes referred to as “grooming”), and was facilitated through the defendant’s projection of benevolence to the victims’ families. The defendant also established and operated a bed and breakfast on Seneca Lake, “Paradise on the Lake,” to which he took the eventual victims in an effort to manipulate and gain their trust. The defendant also gave the victims alcohol, cigarettes, toys, and access to ATVs.

The defendant’s cover was so successful, in fact, that both of the victims named in the Indictment had at one time been assigned to the custody of the defendant by a Family Court Judge.

The sentencing is scheduled for June 24, 2015. The charges carry a mandatory minimum penalty of 10 years imprisonment, a maximum penalty of life imprisonment, a fine of $250,000, or both.

The trial was the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation under the direction of Brian P. Boetig, Special Agent in Charge, and the Batavia City Police Department under the direction of Chief Shawn Heubusch. The evidence was presented to the jury by Assistant U.S. Attorneys Mango and Moellering. The case was heard by United States District Court Judge Richard J. Arcara.

March 4, 2015 - 10:30am
posted by Howard B. Owens in batavia, crime.
Mark Maltese

At one time, Mark Maltese was a model citizen, his attorney David Pilato told Judge Robert C. Noonan this morning before Maltese was sentenced to 15 years in prison.

The 44-year-old Batavia resident had a couple of driving under the influence arrests, but otherwise never had any contact with the law until he decided to start robbing and burglarizing local businesses in order to feed a recently acquired cocaine addiction.

He was educated, employed, a father and a son who grew up loving football and caring about his family, Pilato said.

"His addiction is not an excuse for his behavior," Pilato said. "It explains his behavior."

Noonan said, even so, the crimes committed by Maltese, which he was convicted of at a jury trial in January, were "among the most violent crimes in our criminal justice system" and deserved a significant prison term.

The 15-year sentences were handed down on Maltese's conviction of robbery in the 2nd degree.

The armed robberies were committed over a few days period in November 2013 at the Best Western on Park Road, the 7-Eleven in Oakfield, and the Days Inn on Noonan Drive, Batavia.

Maltese was captured after burglarizing Rent-A-Center days after the Days Inn robbery.

The two 15-year sentences were imposed concurrently, as were the series of two-and-one-third to seven-year sentences for his convictions on burglary, 3rd, criminal mischief, 2nd, and grand larceny, 3rd.

Also in court today: Robert W. Plantiko Jr., 29, of Thorpe Street, Batavia, who entered a plea in January to criminal possession of a weapon, 2nd, was sentenced to two to four years in prison. The conviction stems from a Sept. 5 incident on Thorpe Street that led to charges of burglary, 1st, robbery, 1st, menacing, 2nd, assault, 3rd, and criminal mischief.

March 2, 2015 - 12:50pm
posted by Howard B. Owens in batavia, crime, Le Roy.

Luis A. Castro Maldonado, 21, of 27 E. Main St., Le Roy, is charged with assault, 2nd. During the early morning hours, Sunday, Le Roy PD was dispatched on two separate occasions to an excessive noise complaint at 27 E. Main St., Le Roy. Later, police were dispatched to investigate an alleged assault. Castro Maldonado is accused of hitting a person in the face with a snow shovel. The alleged victim suffered cuts and was treated at the scene by Le Roy Ambulance. Castro Maldonado was arraigned and released under supervision of Genesee Justice.

Allysa L. Castro, 22, of 91 S. Main St., Perry, is charged with harassment, 2nd. During the incident reported above, Castro allegedly struck another person in the hand and then punched that person in the face.

Gerald L. Barber, 40, of 143 Jackson St., Batavia, is charged with DWI, consumption of alcohol in a motor vehicle, refusal to take breath test, driver's view obstructed and side window/rear window not transparent. Barber was stopped by Le Roy PD on an alleged tinted window violation. He was jailed on $250 bail.

A 16-year-old resident of Ellicott Street, Batavia, is charged with criminal possession of marijuana, 5th, unlawful possession of marijuana, endangering the welfare of a child, obstructing governmental administration and aggravated DWI/drugs with a child in the vehicle. Police responded to a report of a suspicious vehicle on Washington Avenue at 6 p.m., Thursday. When approached, all occupants attempted to flee. The driver was apprehended and found allegedly impaired by marijuana and in possession of marijuana. There was a 14-year-old youth allegedly in the vehicle. All of the other occupants have been identified. (Name of the youth withheld by Batavia PD).

A 16-year-old resident of Dellinger Avenue is charged with criminal possession of marijuana, 5th, and endangering the welfare of a child. The youth was allegedly involved in the incident above (name withheld by Batavia PD).

Rene N. Brochu, 31, of Lewiston Road, Oakfield, is charged with failure to appear. Brochu allegedly failed to appear on a traffic ticket issued Jan. 14. He was jailed on $1,000 bail.

Joshua E. Blue, 28, of McKinley Avenue, Batavia, is charged with resisting arrest and obstructing governmental administration. Batavia PD responded at 1:55 a.m. Sunday to a report of a large fight at 345 W. Main St., Batavia, and Blue allegedly tried to physically interfere with an officer making an arrest of another person. Blue was jailed on $1,500 bail.

Tabatha Holly Clark, 29, of Telephone Road, Le Roy, is charged with driving while ability impaired by alcohol and drugs. Clark was arrested based on the return of a toxicology report just completed that stemmed from a police response at 12:30 a.m. Dec. 12 to a report of a woman sleeping in a running vehicle on Willow Street for two hours.

Alexandra R. Lasky, 24, of Seven Springs Road, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Lasky turned himself in to Batavia PD and posted $200 police bail.

Kirk D. Baker, 27, of Center Street, Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, reckless driving, no headlights and failure to keep right. Police received two complaints of a possible DWI at 7:59 p.m. Thursday. Baker's vehicle was stopped on Ellicott Street by officer Devon Pahuta. He was jailed on $5,000 bail.

Marquis D. Flowers, 22, of Frost Avenue, Rochester, was arrested on a warrant for alleged failure to appear on an unauthorized use of a motor vehicle charge. He was held in jail pending his next court appearance.

Sarah M. Wilson, 30, of Washington Avenue, Batavia, is charged with criminal contempt, 2nd. Wilson was arrested on a report received by police at 1:27 a.m. Feb. 5. No further details released.

Destiny N. Green, 18, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a trespass charge. Green was arrested at her residence. She posted $100 bail.

Richard Allen Townley, 38, of Francis Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign and no/inadequate directional signals. Townley was stopped at 1:23 a.m. Sunday on Francis Road, Bethany, by Deputy Joseph Corona.

Chandler James Wingling, 18, of Ellicott Street, Pavilion, is charged with unlawful possession of marijuana. Wingling was allegedly found in possession of marijuana during a traffic stop at 4:01 p.m. Feb. 20 on Route 77, Darien, by Deputy Kevin McCarthy.

Jessica Lynn Hoff, 35, of Knapp Road, Akron, is charged with DWI, driving with a BAC of .08 or greater, no front license plate, broken windshield and insufficient tail lamps. Hoff was stopped at 1:34 a.m. Thursday on Route 77, Darien, by Deputy Joseph Corona.

Thomas Michael Kunes, 45, of Lewiston Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving under the influence of alcohol and drugs, unlawful possession of marijuana and no/inadequate headlights. Kunes was stopped at 7:27 p.m. Saturday on Lewiston Road, Batavia, by Deputy Joseph Corona.

Jacob Wendell Cole, 30, of Wiscoy Road, Portageville, is charged with possession of more than 400 untaxed cigarettes and driver's view obstructed. Cole was stopped at 1:27 p.m. Feb. 25 on Route 77, Pembroke, for alleged traffic violations by Deputy Patrick Reeves. Cole was allegedly found in possession of 1,400 untaxed cigarettes.

Jovenia Ann Corcoran, 52, of River Street, Hornell, is charged with possession of more than 400 untaxed cigarettes and speeding (59 mph in 40 mph zone). Corcoran was stopped at 11:53 a.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Corcoran was allegedly found in possession of 3,400 untaxed cigarettes.

Thomas James Rose, 19, of Ford Road, Elba, is charged with grand larceny, 4th, and petit larceny. Rose is accused of stealing checks and a debit card.

Pamela B. Crespo, 19, of Newark, N.J., is charged with criminal trespass, 3rd. Crespo was arrested by State Police at College Village.

Michael J. Maniscalco, 27, of Greece, is charged with unlawful possession of marijuana. Maniscalco was arrested by State Police in the Town of Le Roy.

February 27, 2015 - 2:36pm
posted by Billie Owens in batavia, crime.

Batavia Police are looking for a male, possibly Hispanic, described as about 5'2" and wearing blue jeans, who attempted to rob the Family Dollar on East Main Street this morning.

An employee told police that the man entered the store at 9:36 a.m. with a black scarf around his face, approached the cashier and asked for money while displaying a silver handgun. He then left the store without further incident and walked eastbound on the sidewalk.

The store stayed open for business. Police checked the area for the suspect, including nearby businesses. He was not located. Any person having information is asked to please call the Genesee County Emergency Dispatch Center at 345-6350.

February 25, 2015 - 2:56pm
posted by Howard B. Owens in batavia, crime, pembroke.

Anthony W. Janda, 37, of Gasport, is charged with DWI, speed unreasonable, failure to use designated lane and driving across hazardous markings. Janda's vehicle left the south shoulder of Route 5 in Pembroke and struck a snow embankment. Upon a trooper's arrival, Janda was in a Mercy EMS ambulance. The trooper said he detected "an overwhelming odor of an alcoholic beverage." The trooper administered two field sobriety tests and a breath test, which indicated alcohol consumption. Janda was transported to ECMC as a precaution and reportedly refused a blood test for the trooper, though the hospital had already drawn blood.

Vanessa Lynn Silvernail, 29, of Meadow Farm North, North Chili, is charged with DWI, aggravated DWI, aggravated unlicensed operation, moving from lane unsafely and drinking alcohol in a motor vehicle. Silvernail was arrested following an investigation into a one-vehicle accident in which the vehicle left the roadway on North Road, Town of Le Roy, and went into a ditch at 12:30 a.m. The accident was investigated by Deputy Joseph Loftus.

Annie E. Johnson, 86, of Milbank Street, Rochester, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the city. Johnson turned herself in and was released on $100 bail.

Christina M. Sanchez-Anderson, 26, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a possession of stolen property, 5th, charge. Sanchez-Anderson turned herself in, was arraigned in City Court and released on her own recognizance.

Lee Edward Richeson, 53, of 8th Street, Canisteo, is charged with possession of more than 400 untaxed cigarettes. Richeson was stopped at 11:50 a.m. Tuesday on Route 77, Pembroke, for an alleged traffic violation by Deputy Patrick Reeves.

February 24, 2015 - 3:59pm
posted by Howard B. Owens in crime, elba, pembroke, Le Roy.

Zaid Amhad Alhariri, 47, of Dodge Street, Buffalo, is charged with possession of more than 4,600 untaxed cigarettes. Alhariri was stopped for alleged traffic violations at 12:23 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves. He was allegedly found in possession of 4,600 untaxed cigarettes with a value of $1,055.

Cindy Lou Bush, 63, of Oak Orchard Road, Elba, is charged with five counts of criminal contempt, 2nd. Bush was allegedly involved in an incident at 7:30 p.m. Monday at a residence on Oak Orchard Road, Elba, with five other people, all who are the subject of a complete stay away order issued to Bush.

Annette Monique McMillian, 30, of Elmdorf Street, Rochester, is charged with scheme to defraud, 1st, petit larceny and issuing a bad check. McMillian was arrested on a warrant after turning herself in to Monroe County Probation. She was arraigned in Le Roy Town Court and jailed on $1,000 bail.

February 24, 2015 - 3:03pm
posted by Howard B. Owens in batavia, crime.

Nina Kelso isn't sure she should have entered a guilty plea in October to one count of animal cruelty, the Batavia woman indicated in City Court today as she wiped away tears.

She told Judge Robert Balbick that she wanted a new attorney before being sentenced on the conviction.

"I need somebody more suitable for somebody who attends mental health and needs more help with the case to be able to show their innocence and not be pretty scared into taking a plea," Kelso said.

Under no circumstances, Balbick told her, would she be allowed to withdraw her guilty plea, nor would he assign a new county-paid attorney to her, but he did give her two weeks to hire her own attorney.

In October, Kelso entered a guilty plea on an Alford basis, meaning she admits she would likely be found guilty by a jury, but did not admit to the facts of the case.

It's been a year since Kelso was first accused of mistreating her former dog, Fox'r. Fox'r was found by an animal control officer extremely malnourished at Kelso's residence.

Kelso maintained that Fox'r had eaten something that made him sick.

Today, Kelso said she felt pressured to enter a guilty plea because she said her attorney -- her second attorney on the case -- had told her if she didn't plead guilty, she would likely be found guilty by a jury and sent to jail once convicted.

Balbick reminded Kelso that when he accepted her plea, she questioned her about her understanding of the plea and her confidence in her attorney.

"If you had given any indication you were not making the plea voluntarily, I would not have taken the plea," Balbick said. "We went through the entire plea process very, very clearly."

The plea deal required Kelso to surrender ownership of Fox'r, who had been languishing in the animal shelter for eight months, so he could be adopted by a new family. It also came with a stipulation that Kelso would not be sent to jail.

Kelso is scheduled to reappear in City Court for sentencing in two weeks.

February 23, 2015 - 1:48pm
posted by Howard B. Owens in crime, pembroke, scott doll.

One of the main issues in a motion by an attorney for Scott F. Doll to dismiss his 2010 murder conviction isn't supported by the court record, Assistant District Attorney Will Zickl is arguing in an answering affidavit released Friday.

Doll's attorney, Timothy Murphy, argued in his motion that investigators didn't have probable cause to detain Doll after he was found in blood-soaked overalls on North Lake Road, Pembroke, the night of Feb. 19, 2009.

Doll was convicted by a jury of murder for beating to death Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business, at the victim's home in Pembroke.

He is serving a 15-years-to-life sentence in State Prison.

The failure of Doll's defense team -- Paul Cambria and Daniel Killilea -- to raise the issue of the detention constitutes insufficient legal representation, Murphy argues.

Zickl counters that Murphy fails to establish a factual basis for his motion. He argues that at the trial court level, the defendant challenged the legality of his detention, including his transport to the Genesee County Sheriff's Office, in his motion to suppress statements Doll made to investigators.

Doll has already lost an appeal on the legality of his being questioned without being read his rights.

An appeals court found that questioning Doll was legal under what's known as the "emergency doctrine." Since investigators had reason to believe a person may be injured and in immediate need of assistance if located, they need not advise Doll of his right to remain silent.

Zickl argues that Doll received a vigorous and well-crafted defense during all phases of the case.

"A cohesive and closely tailored theory of the Defendant's innocence was cogently presented to the jury by the defense team," Zickl writes.

Zickl asks that since the record is so clear, Doll's motion be denied without a hearing.

As for Doll's motion for further DNA testing, Zickl argues that further testing won't produce different results.

"A central premise of the Defendant's motion is that the victim and the perpetrator were involved in a 'struggle' and as a result it is likely that genetic material would be found underneath the victim's fingernails or on his clothes," Zickl writes.

"This theory is not supported in the record. In fact, the record is more consistent with a theory of an ambush and rapid incapacitation of the victim by the Defendant.

"Even assuming, arguendo (for the sake of argument), that the requested genetic testing had produced a profile other than the Defendant's, it would not explain or diminish the overwhelming evidence of the Defendant's guilt, such as the volume, distribution and appearance of the victim's blood on his person, his clothes and his vehicle."

Noonan will rule on the motions at a later date.

For previous Scott Doll coverage, click here.

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