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May 29, 2018 - 2:33pm
posted by Howard B. Owens in crime, batavia, pembroke, Oakfield, Le Roy, bergen, notify, news.
Woodrow Horseman

Woodrow C. Horseman, 42, no permanent address, Batavia, is charged with attempted assault, 2nd, obstructing governmental administration, 2nd, resisting arrest, and harassment, 2nd. Horseman was arrested after police responded to a report of a disturbance on Central Avenue at 11:38 p.m. May 23. Horseman was accused of punching another person in the back of the head with a closed fist while that person was assisting in the arrest of another person. Horseman was ordered held without bail.

Shaqueita L. Irvin, 26, of East Main Street, Batavia, is charged with disorderly conduct and resisting arrest. Irvin was charged after police responded to a complaint of a disturbance on Central Avenue at 11:38 p.m. May 23. She was jailed on $2,500 bail.

Ahdeosun R. Aiken, 20, of Ellicott Avenue, Batavia, is charged with disorderly conduct. Aiken was arrested after police responded to a report of a disturbance at 11:40 p.m., May 24, on Central Avenue. Aiken was jailed on $1,000 bail.

Lamont C. Crimes, 42, of North Street, Batavia, is charged with assault, 1st. Crimes is accused of stabbing another person with a knife during a fight at 4:30 p.m. Monday at a location on Church Street, Elba. 

Holly Marie Squires, 32, of West Bank Street, Albion, is charged with robbery, 2nd, and assault, 3rd. Squires allegedly stole money while being aided by another person and caused injury to the victim. Squires was jailed on $5,000 bail or $10,000 bond.

Jessica L. DeRidder, 30, of State Street, Batavia, is charged with grand larceny, 4th. DeRidder is accused of stealing the money of another tenant of a residence on State Street, by keeping rent money for herself instead of paying the landlord.

Jordan S. Thomas, 19, of East Avenue, Batavia, is charged with criminal possession of stolen property, 5th. Thomas was allegedly found in possession of a bicycle that had been reported stolen from outside Genesee County Probation on May 9. (Previously: Batavia man needs his bike back)

Walter B. Hale Jr., 40, of East Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, endangering the welfare of a child, and failure to stop at a stop sign. Hale was stopped at 8:33 p.m. May 15 on Summit Street, by officers Christopher Lindsay and Chad Richards. Hale is accused of having a passenger on his motorcycle less than 16 years old.

Trametrias L. Scott, 40, of Rochester, is charged with felony DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, failure to stop at stop sign, driving without stop lamps, uninspected motor vehicle, and circumventing interlock device. Scott was stopped at 8:45 p.m. Sunday on Route 33, Begen, by State Police. A trooper reported detecting the odor of alcohol after a traffic stop at Route 33 and Apple Tree Road, Bergen. Scott is accused of failing a field sobriety test. Her breath sample was allegedly .24 BAC. She was jailed on $2,500 cash or $5,000 bond.

Alexis R. Chavez, 19, of Pearl Street, Medina, is charged with driving while impaired by drugs, aggravated unlicensed operation, 3rd, unlawful possession of marijuana, driving while using a mobile device, and blocking a highway. Chavez is accused of stopping his vehicle without moving at West Main and Oak streets, Batavia, through four cycles of the traffic light. He was allegedly on his mobile phone. Officers Jason Ivison and Kevin DeFelice responded to the complaint.

Alexander H. Koch, 23, of Buffalo, is charged with DWI, failure to yield at an intersection, and failure to notify DMV of an address change. Koch was stopped by State Police after he allegedly turned from Snipery Road onto Route 33 in the Town of Pembroke and failed to yield to a trooper's patrol car, which had the right of way at 12:38 a.m. Sunday. Troopers say Koch failed a field sobriety test.

Joshua R. Nanni, 24, of Oakfield, is charged with driving while impaired by drugs, unsafe turn, and driving left of pavement markings. State Police responded to the Town of Pembroke at 10:40 p.m. May 22 for a report of a vehicle unable to maintain its lane. A trooper stopped Nanni after observing his vehicle allegedly engage in several traffic violations. The trooper reportedly detected the odor of alcohol and observed the driver's eyes were glassy.  Nanni allegedly failed a field sobriety test. A drug recognition expert also assisted in the investigation and Nanni provided a blood sample.

Nasir C. Nathan, 22, of West Main Street, Le Roy, is charged with harassment, 2nd. Nathan was allegedly involved in an argument on Watson Street, Batavia, at 6:54 p.m. Saturday. Nathan is accused of throwing a styrofoam cup at another person.

Amber L. LaRock, 18, of Lewis Place, Batavia, is charged with harassment, 2nd. LaRock was arrested in connection with an incident on Lewis Place reported at 6:15 p.m. Wednesday.

Travis L. Ettinger, 30, of West Avenue, Albion, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and speeding. Ettinger was stopped on Pearl Street, Batavia, at 11:19 a.m. Saturday by Officer Mitchell Cowen.

Heather D. Wendt, 32, of Holland Avenue, Batavia, is charged with endangering the welfare of a child. Wendt was charged after a child was found unattended at 12:54 p.m. May 17 on Holland Avenue, Batavia.

Donna M. Fidanza, 48, of State Street, Batavia, is charged with criminal possession of stolen property, 5th, and conspiracy, 6th. Fidanza was charged following an investigation into the left of property from a residence on East Main Street at 11:45 a.m. March 26.

Jonathan D. Wilson Jr., 36, of Buell Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Wilson was reportedly involved in a minor motor-vehicle accident at 4:46 a.m. May 20 on East Main Street, Batavia. The accident was investigated by Officer Frank Klimjack.

Korbin R. Ground, 20, of Crittenden Road, Akron, is charged with unlawful possession of marijuana and criminal use of drug paraphernalia, 2nd. Ground was allegedly found in possession of marijuana and drug paraphernalia at 9:46 p.m. May 22 on North Street, Batavia, by officers Jason Davis and Christopher Lindsay.

Joseph A. Kliszak, 19, of Meadow Drive, Alden, is charged with unlawful possession of marijuana. Kliszak was allegedly found in possession of marijuana at 11:27 p.m. May 22 at a location on North Street, Batavia, by Officer Jason Davis.

Eric J. Bratcher, 29, of Swan Street, Batavia, is charged with obstructing governmental administration, 2nd. Bratcher allegedly failed to obey an officer's commands during an investigation of a domestic incident on Pringle Avenue at 12:52 a.m. Wednesday.

James Michael Young, 54, of Thomas Avenue, Batavia, is charged with criminal obstruction of breathing and unauthorized use of a vehicle, 3rd. Young allegedly choked the victim after she confronted him about not returning a vehicle.

William Ransom Dieter Jr., 44, of Bennett Avenue, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Dieter was stopped at 2:55 a.m. Saturday on Main Road, Pembroke, by Deputy Mathew Clor.

Christopher M. Dilaura, 38, of Batavia, is charged with DWI, refusal to take breath test, moving from lane unsafely, and drinking alcohol in a motor vehicle. Dilaura was stopped by State Police at 5:25 p.m. Saturday on West Main Street, Batavia.

An 18-year-old from Batavia and Tricia M. Martinez, 25, of Batavia, are charged with petit larceny. The two people are accused of stealing in the Town of Pembroke at 12:16 p.m. Friday. They were arrested by State Police. No further details released.

May 28, 2018 - 7:10pm
posted by Billie Owens in crime, news, Le Roy.

People are "swinging shovels at each other" -- fighting at a mobile home park in Le Roy. Law enforcement is responding. 

We don't have the exact location of the mobile home park. It's in the 8700 block of Lake Street Road.

May 28, 2018 - 4:56pm
posted by Howard B. Owens in Red Osier Landmark Restaurant, Stafford, news, notify, crime.
     Michael Joanette

Tips from readers of The Batavian have led to the arrest of Michael R. Joanette, 52, of Pavilion, on a charge of criminal mischief, 3rd, for allegedly smashing in the window of a white Corvette parked May 21 at the Red Osier Landmark Restaurant in Stafford.

State Police say the photos taken from surveillance video posted on The Batavian resulted in numerous tips.

Following further investigation by troopers, Joanette was identified as the suspect and taken into custody Friday.

Following arraignment in Pavilion Town Court, he was jailed on $20,000 bail or $40,000 bond.



May 25, 2018 - 11:11am
posted by Howard B. Owens in crime, batavia, elba, Le Roy, news, notify.

James Michael Edwards, 23, of Upper Holley Road, Holley, is charged with driving while impaired by drugs, unlawful possession of marijuana, driving left of pavement markings, no seat belt. Edwards was the alleged driver in a personal-injury accident on Lockport Road, Elba, at 2:32 p.m. Wednesday. Edwards was arrested by Deputy Michael Lute.

Kenneth T. Parker, 34, of Phyllis Avenue, Buffalo, is charged with DWI, unlawful possession of marijuana, uninspected vehicle, loud exhaust, and refusal to submit to breath test. Parker was stopped at 11:20 p.m. Thursday on Highland Park, Batavia, by Deputy James Stack.

Jason Patrick Wickson, 36, of Searls Road, Byron, is charged with harassment, 2nd, and trespass. Wickson is accused of being involved in a physical altercation with two people on private property on Rose Road, Batavia, at 9:39 p.m. Sunday.

David Michael Howard, 36, of Wolcott Street, Le Roy, is charged with assault, 3rd. Howard is accused of pushing another patron of the Clover Leaf in Pavilion at 6:30 p.m. Saturday causing the person to fall, leading to head and elbow injuries.

May 24, 2018 - 12:01pm
posted by Howard B. Owens in crime, batavia, news, notify, bergen, pembroke, Oakfield, Le Roy.

Richard T. Fleig, 38, of Porter Avenue, Batavia, is charged with criminal possession of marijuana, 4th. As the result of an investigation by the Local Drug Task Force on Feb. 17, Fleig was allegedly found in possession of more than two ounces of marijuana. Sgt. Matthew Lutey and Officer Chad Richards assisted in the investigation.

Michael J. Smith, 70, of Le Roy, is charged with felony aggravated unlicensed operation, 1st, aggravated unlicensed operation, 3rd, driving while ability impaired by alcohol, failure to surrender suspended driver's license, and failure to keep right. Smith was stopped by Sgt. Colin Reagan, Wyoming County Sheriff's Office, in the Town of Warsaw, for alleged failure to maintain lane. He allegedly failed a field sobriety test. He reportedly has a pending felony DWI charge in Genesee County. He was jailed on $1,000 bail or $2,000 bond.

Edward Dexter McDonald III, 28, of West Main Street, Le Roy, is charged with two counts of harassment, 2nd, and trespass. McDonald was allegedly involved in a fight with two people on private property on Rose Road at 9:39 p.m. Sunday.

Joshua R. Nanni, 24, of Oakfield, is charged with driving while impaired by drugs, 1st, driving left of pavement markings, and unsafe turn. Nanni was stopped by State Police in Pembroke at 10:40 p.m., Tuesday.

Cathi A. Adams, 48, of Bergen, is charged with DWI. Adams was stopped by State Police on Swamp Road at 9:17 p.m. Monday.

May 23, 2018 - 7:49pm
posted by Billie Owens in crime, batavia, notify, news.


milesarrestfirejan82017.jpgUnder a plea agreement with the District Attorney's Office, Eddie Lee "Pops" Miles pled guilty to three felonies this afternoon in Genesee County Court. They were culled from multiple charges in three Grand Jury indictments.

In addition, he accepted a number of conditions and terms and in return, two cases pending in Batavia City Court from last year will be dismissed. He was arrested in August for allegedly putting his arm around the neck of another person and charged with criminal obstruction of breathing and/or blood flow; and he allegedly injected his dog with an unknown purple liquid, garnering a charge of torturing or injuring an animal in violation of Agriculture and Markets law.

As part of the plea agreement, he agreed to relinquish ownership of his dog so it can find a new home.

Also in 2017, he was arrested on a warrant for allegedly selling crack cocaine on two occasions to an agent of the Local Drug Enforcement Task Force. Then on Jan. 7, he used a couch to barricade himself in an apartment at 20 Washington Ave., then set it on fire.

After a standoff, because Miles had allegedly threatened to shoot police officers, Miles exited the burning apartment through a back window and refused to come down from a roof, before agreeing to climb down a ladder.

He has been in Genesee County Jail since then without bail.

Today the 47-year-old Batavia native, who has a GED, made a factual admission of guilt on count three of Indictment 6074:

  • Third-degree arson, a Class C felony. Prison is mandatory. The minimum is one to three years; the max is 5-15 years.

He made a factual admission of guilt on count one of Indictment 6036:

  • Third-degree criminal possession of a controlled substance with intent to sell, a Class B felony, but if sentenced to the maximum prison term, becomes a Class C felony. He agreed to pay $160 restitution at the time of sentencing. The minimum is five and a half years, with one to two years of post-release supervision; the maximum is nine years with three years of post-release supervision.

He made a factual admission of guilt on count one of Indictment 6015:

  • Second-degree unauthorized use of a vehicle, a Class E felony, for taking a 2000 Mercury Sable and operating it in the City of Batavia on May 18, 2017, without the owner's permission. This would garner an indeterminant sentence of one and a third to four years. He also had to admit to the Special Information filed by the District Attorney in the case wherein he acknowledged having been convicted of the same crime in the Town of Pembroke within the last 10 years. 

He will remain in custody until his sentencing, which is set for 2 p.m. on June 22, on the first two counts cited above. Those will run concurrently.

Sentencing on the count in Indictment 6015 is delayed until Aug. 13, pending the submission to the court of blood-test results.

As a condition of his plea agreement regarding the count in Indictment 6015, he must be tested for blood-borne pathogens; why was not explained. Failure to do so will result in voiding the plea agreement and subjecting him to maximum sentence guidelines and/or consecutive sentencing.

Miles has a prior felony conviction but it was 20 or more years ago, therefore for sentencing purposes, he will not be considered a second felony offender.

Judge Charles Zambito ordered a pre-sentencing report.

Henceforth, Miles cannot own or possess firearms. An order of protection was issued for a female victim until May 23, 2019.

Two blondes, neither of whom is the subject of the order of protection, sat in sandaled feet in the front row of the gallery this afternoon and they smiled at Miles when he entered the courtroom in shackles, wearing an orange jumpsuit. His hair was combed neatly and tied in a little graying ponytail in back. The older of the two women, who had ankle tattoos, mouthed something nice as he was led away.

May 23, 2018 - 7:40pm
posted by Howard B. Owens in crime, batavia, news, Central Avenue, notify.


     Nathaniel Wilson
  Samuel Blackshear
Jennifer Urvizu-Hanlon

Thursday's incident on Central Avenue that left one man dead of a knife attack and another man wounded by a gunshot may have stemmed from a series of confrontations between two groups of people over prior days, District Attorney Lawrence Friedman indicated during a press conference in the Genesee County Court building this afternoon.

The DA's Office announced the indictments of three individuals allegedly involved.

The confrontations appear to have been personal in nature and not gang or drug related, Friedman said.

"There had been confrontations I believe prior to this, maybe some physical violence between people prior to this or threats," Friedman said. "And, as I say, it just seemed to be a situation that was brewing between these groups."

He described the conflict as personal in nature but had no information to elaborate on regarding what may have led to the deadly encounter on Central between Nathaniel D. Wilson Jr., Samuel Blackshear, and Terry J. Toote.

The 30-year-old Wilson is accused of stabbing Toote, 41, to death and has been indicted by a Genesee County Grand Jury on counts of murder in the second degree, which carries a maximum prison term of 25 years to life, and criminal possession of a weapon in the third degree.

The man who allegedly shot Wilson in the leg, 17-year-old Blackshear, is indicted on counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree.

Blackshear is facing up to 15 years in prison.

The woman who is accused of handing over her handgun, which she was licensed to carry, 48-year-old Jennifer Urvizu-Hanlon, owner of the La Mexicana store in the Valu Plaza, is indicted on two charges of criminal possession of a weapon in the second degree.

The indictment accuses her of being an accessory to Blackshear's possession of the loaded firearm.

She is facing up to 15 years in prison.

Wilson's indictment also includes the district attorney's Special Information, which is a listing of Wilson's prior convictions. They are:

  • Attempted criminal possession of a weapon, 3rd. He possessed a weapon in the Genesee County Jail on May 18, 2016.
  • Attempted to knowingly make or possess dangerous contraband in prison, 1st. He possessed contraband in prison in Washington County on Sept. 10, 2010.
  • Escape, 3rd. He escaped custody in the Town of Le Roy on Dec. 5, 2005.
  • Menacing, 3rd. He menaced an individual Feb. 22, 2006, in the City of Batavia.
  • Burglary, 3rd. He broke into a building Oct. 17, 2005.
  • Attempted assault, 2nd. He attempted to stab another person Oct. 17, 2005. (See previous story)

All three defendants are being held without bail. They will be arraigned in County Court on June 5.

Friedman said he does not anticipate any further arrests related to this specific incident. 

There were numerous people present at the incident, perhaps more than a dozen, Friedman said, but he said he doesn't know what brought them there, though there had been people hanging out in the area for hours before the attack, or how long those involved were at that location prior to the stabbing.

Friedman commended the work of the law enforcement agencies involved, particularly the Batavia PD and Sheriff's Office, whose detectives had numerous people to interview to help prepare for the presentation of the case to the grand jury.

Top photo: District Attorney Lawrence Friedman, First Assistant DA Melissa Cianfrini, Batavia PD Chief Shawn Heubusch.

May 22, 2018 - 9:57pm
posted by Billie Owens in crime, news, notify, child sexual offender, Bethany, Alabama.

A man convicted of two counts of first-degree child sex abuse and one count of second-degree child sex abuse is counting down the days until his release after three years of incarceration.

Storm U. Lang, now 21, was sexually involved with three different victims on multiple separate occasions in 2014 when he was 17 years old.

He subjected a 7-year-old to sexual contact in the Town of Alabama; a 12-year-old to sexual contact in the Town of Alabama; and a 5-year-old to sexual contact in the Town of Bethany.

The child molester was back in Genesee County Court on Monday for a Sex Offender Registration Act (SORA) hearing to determine his threat level, which must be made within 30 days prior to his release.

Where he plans to live when he gets out was not discussed yesterday. He will have to register as a sex offender for the rest of his life and will be under post-release supervision for a decade.

The state Board of Examiners of Sex Offenders evaluated this case and provided a risk-level recommendation to the court -- Level 3 -- which means there's a high risk of repeat offense and a threat to public safety exists.

There are also three designations that may be assigned to a Level 3 sex offender: sexual predator, sexually violent offender, or predicate sex offender.

After lengthy discussions in both the morning and afternoon sessions, Judge Charles Zambito determined Lang warranted a Level 3 designation and deemed he met the legal definition of a sexually violent offender.

In making a decision, a point-scoring mechanism known as Total Risk Factor Score is considered; there may also be a request by the defense for a "downward departure" of the overall "presumptive score," which seeks to reduce the designation level as recommended or assigned -- an "override."

The District Attorney's Office agreed with the Board of Examiners' recommendation, which considers such factors as to whether there was use of force, weapons, alcohol or drugs, victim's age, number of victims, assault upon or injury to a victim, and relationship to the victim.

Public defense attorney Lisa Kroemer took issue with the points accrued in scoring her client's risk level -- a "presumptive score of 125"; her aim was to reduce the point score and persuade the judge that Lang is a Level 2 sex offender.

In part, her argument hung on a typo brought to her attention by the people earlier that morning that cited a victim instead of the plural victims for one of the risk factors.

"I'm arguing that the concept of double counting applies; I don't think you can pick and choose," Kroemer said.

First Assistant District Attorney Melissa Cianfrini denied double counting, saying the score remains 125 even without the typo, because one victim -- a 12-year-old -- was asleep, and therefore defenseless, when the sexual conduct occurred.

Calling Kroemer's argument "baseless and unwarranted," Cianfrini further characterized her logic as "a distinction in search of a difference."

Zambito said no matter how you add it up, Lang earned a score of 125 by his counting, the Board of Examiner's counting, and that of the DA's Office.

The duration of Lang's admittedly ongoing behavior, though no physical violence was used, constitutes "a continuing course of sexual conduct," sexual contact -- over clothes in Lang's case, and the age of victims was factored, too. 

Moreover, the prisoner admitted to authorities in three different instances that he also had sexually abused a 4-year-old victim when he was a juvenile, which was not included in the accounting made in his risk assessment, according to the judge.

"He is a sexually violent offender, based on his conviction -- a risk Level 3," Zambito said.

The Board of Examiners report says Lang has pedophilia and an anxiety disorder.

In addition, a state clinician specializing in sex offenders reported: Lang's likelihood of sexual recidivism is (determined to be) moderate to high; he has multiple and enduring high-risk personality traits; emotional disorders; impaired judgment; and impulsivity, and an inability to control himself."

"He's a Level 3 all day long, whether by points, by upward departure or override," Zambito said.

The defense attorney cited case law (People v. Burgos) that states that psychological/organic abnormality and decreased ability to control sexual behavior must be demonstrated before an upward override -- from a Level 2 (sought by the defense) to a Level 3 (sought by the people) -- can be granted.

The judge asked, "Doesn't the evaluation say that?"

No, Kroemer argued, it assessed his sexual recidivism risk as moderate to high, but she said if her client received treatment, the recidivism risk "should go down."

Kroemer also questioned the credentials of the clinician who performed the mental health assessment.

Cianfrini assured the court that Forensic Mental Health Counseling of Western New York and its clinicians were skilled specialists in the area of evaluating sexual offenders.

Whether or not treatment might help Lang was not considered.

The clerk of the court read Lang the law pertaining to his SORA responsibilities. He has to provide a new photo every year, register wherever he lives within 10 days, and provide authorities with his email address(es), online screen names, etc.

Lang has 30 days to appeal Monday's court decision.

Dressed in a white shirt, tan pants, brown lace-up boots, a belt, Lang was shackled, hands and ankles; accompanied by two state guards wearing uniforms with light-blue shirts. He is about 5'11" and 200 pounds, pale skinned, with heavy brows and chin-length brown hair.

He said nothing until he blurted out before leaving court that he gets out in "40 days."

There are currently 46 Level 3 sex offenders living in Genesee County, and a total of 186 convicted sex offenders at all levels reside here.

May 22, 2018 - 9:35pm
posted by Howard B. Owens in crime, batavia, news.

A caller reports three youths approached him and tried a strong-arm robbery.

He may have a knife or he may have a baseball bat.

The youths apparently did not get anything from him.

The caller is unfamiliar with where he is and dispatchers are trying to clarify so they can direct officers to the location. He was eventually located on Summit Street.

He described the youths as black males, two wearing red shirts, one with a dog on a chain.

UPDATE 9:39 p.m.: The description is now two black males and one white male with a dog. They are believed eastbound from Summit Street. An officer who responded reports being with two individuals.


May 22, 2018 - 5:46pm
posted by Howard B. Owens in crime, Stafford, news, Red Osier Landmark Restaurant, notify.


The man in these photos is wanted for questioning in an incident at Red Osier Landmark Restaurant in Stafford yesterday at about 1:50 p.m.

At about the time these photos were taken sombody showed up at the restaurant who may have had a weapon and banged on doors and windows and caused some damage. That person is also believed to have smashed out the windshield in the white Corvette in the photos.

The man in the photos is believed to have been driving the gray car in the background of the bottom two photos.

Anyone with information that may assist in the investigation is asked to call the State Police at (585) 344-6200.




May 21, 2018 - 6:57pm
posted by Billie Owens in batavia, news, crime, notify.

Lionel J. Anderson Jr. got some bad news and some good news in Genesee County Court this morning. Judge Charles Zambito sentenced the 16-year-old to an indeterminate state prison sentence of one to three years. But the judge also vacated his felony conviction on attempted second-degree assault, a non-violent Class E felony, and granted him youthful offender status.

That means his record in this matter will be sealed.

The judge could have sentenced Lionel up to four years under the terms of a plea agreement in this case.

He has served 160 days so far; with good behavior, he could get out in a little over six months -- before the end of the year.

In making the decision, Zambito said it serves the interests of justice, protects the community, and gets Lionel some help.

The Oklahoma native will serve time for his role in an altercation on Highland Park, Batavia, on the evening of Nov. 28. His 13-year-old victim was slammed to the ground, face first, then struck in the face, twice; the injuries stemmed from contact with a "metal belt buckle and/or curb."

He has remained in custody since the incident; his bail was $25,000.

Since his last court appearance, in April, a pre-sentencing report was completed, and attorneys on both side as well as the judge had read it in preparation for today.

Before sentencing, Assistant District Attorney Kevin Finnell told the court even though Lionel is young, he has amassed "a pile of history" in the last few months.

"He is in desparate need of services; he continues to use drugs; he behaves inappropriately at school," Finnell said. "He is a threat to society. He is a violent aggressor."

Thus, Finnell said the defendant should not be considered eligible for youthful offender status.

"It is fortunate that the victim in this case was not more harmed" as a result of Lionel's actions, Finnell said.

Public defender Michael Locicero said Lionel is utterly lacking in family support. No mention was made of his mother or her whereabouts. His father is incarcerated and his grandfather moved out of the area. He has been moved around a lot throughout his young life.

"He has had a tough go of it," Locicero said.

As for the altercation, Locicero noted that there were several individuals involved and Lionel "has taken responsibility for his part."

Locicero then asked the judge to consider granting his client youthful offender status and to sentence him to local jail or intermittant incarceration (weekends).

He cautioned Zambito that it would be "a mistake not to consider other factors" in Lionel's life that have shaped and influenced him.

When asked if he had anything to say on his own behalf, Lionel said clearly "No, sir." He was quiet and composed throughout the proceeding.

Judge Zambito said the report by the probation department deemed the defendant to be at the greatest risk; he has nowhere to go, no home to go home to. He was on probation at the time of his criminal act and was not doing well -- well beforehand. He noted the youth's prior history involves violence.

But despite his run-in with authorities, including at school, law enforcement and Family Court, Zambito noted this was his first criminal conviction and that it stemmed from a verbal argument involving several people that escalated. 

"He was not the primary aggressor," Zambito said about the incident, as documented in the probation department report. "He came to the aid of a friend. Whether this was a 'youthful indescretion' (as argued by the defense counsel) is debatable."

Wielding a belt, not inherently a weapon, was unusual, the judge said.

"You need to get some counseling," in order to figure out why you behave as you do, Zambito told the teen.

The defendant is not to possess guns. He has to pay $325 in fees/fines but does not have to submit to the DNA database because of his newly minted youthful offender status.

An order of protection is place for the victim until May 21, 2026.

May 21, 2018 - 11:13am
posted by Howard B. Owens in crime, batavia, corfu, bergen, notify, byron, alexander, Bethany.

Brooke L. Brumber, 18, of Washington Avenue, Batavia, is charged with criminal trespass, 2nd. Brumber was arrested on a warrant. She allegedly entered a residence on Washington Avenue at 8:01 p.m. May 3 without permission after being told she was no longer welcome there.

Matthew James Cratsley, 42, of Buell Street, Batavia, is charged with failure to report a change of address and failure to complete verification form. Cratsley allegedly moved and failed to notify the NYS Sex Offender Registry. He is also accused of failing to complete the annual registration form. 

Jonathan Peter Smith, 40, of Little Canada Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to signal. Smith was stopped at 1:28 a.m. May 13 on Main Street, Batavia, by Sgt. Thomas Sanfratello.

Sammy Lee Domthongmivanh Jr., 29, of Halstead Road, Alexander, is charged with: DWI; driving with a BAC of .18 or greater; failure to keep right; moving from lane unsafely; failure to attach registration sticker to vehicle. Domthongmivanh was stopped at 11:49 p.m. Saturday on Main Road, Pembroke, following a complaint of traffic offenses, by Deputy Eric Meyer.

Riecha B. Morris, 34, of Hawks Nest Circle, Greece, is charged with operating a motor vehicle while impaired by drugs. Morris was stopped at 9:33 a.m. Friday on West Main Street, Batavia, by Officer Kevin DeFelice following a complaint of erratic operation.

David L. Castaneda Trejo, 19, of Byron, is charged with criminal trespass, 2nd, and making a false written statement. Castaneda was arrested on an incident reported at 11:22 a.m. Sunday in the Town of Byron by State Police. No further details released.

Matthew J. Lamkin, 36, of Batavia, is charged with criminal mischief, 4th. Lamkin was arrested in connection with an incident reported at 11 p.m. Sunday in the Town of Batavia by State Police. No further details released.

Alexandria C. Pisarek, 25, of Corfu, is charged with acting in a manner injurious to a child. Pisarek was arrested in connection with an incident reported at 11:50 a.m. May 9 in the Town of Bergen by State Police. No further details released.

May 20, 2018 - 9:42pm
posted by Howard B. Owens in crime, batavia, news.

A caller reports that two individuals drove up on motorcycles to his residence on Rose Road and assaulted his son.

No word on any injuries. 

They left the area approximately five minutes ago.

Law enforcement is responding.

May 20, 2018 - 11:34am
posted by Howard B. Owens in crime, batavia, news, notify.
      Nathaniel Wilson

If Nathaniel D. Wilson Jr. did use a knife Thursday night to kill Terry J. Toote, as police believe he did, it wasn't the first time Wilson used a knife to attack another Batavia resident, according to the man he nearly stabbed in the back 12 years ago after a scuffle behind Biggie's Sandwich Shop on East Main Street. 

Louis Kingsbury said he barely escaped serious injury because Wilson mistakenly thought he had stabbed Kingsbury so he then fled the scene.

"I don't know how I didn't get stabbed because with the (surveillance) camera, actually, it looks like he's stabbed me," Kingsbury said. "In the investigation, he told the police that he thought he had stabbed me, that's why he stopped and took off running the opposite away."

The only thing cut was Kingsbury's shirt.

Wilson eventually entered a guilty plea to attempted assault and criminal possession of a weapon. The plea deal would have kept Wilson out of prison but Wilson, Kingsbury believes, committed other crimes while awaiting sentencing and so ended up being sent to prison for several years.

He may have been released a couple of years ago but available records are incomplete. He may have been adjudicated a youthful offender, as an 18-year-old, at sentencing in 2005, which could explain the lack of records.

Wilson was arrested in the City of Batavia two years ago on a charge of criminal possession of a weapon, 3rd. He was transferred from the Genesee County Jail to state prison on a sentence of one and a half to three years in May 2016.

The incident behind Biggie's began when a tenant of motel apartments to the east of the sandwich shop ran across the street to the pet food store, where Kingsbury worked. The tenant told Kingsbury that somebody, while fighting with his girlfriend, had punched and broken the illuminated sign in front of the motel.

The pet food store and the apartments were owned at the time by Ken Mistler and Kingsbury was and still is an employee of Mistler.

Kingsbury ran over and found Wilson hiding behind Biggie's.

When he confronted him, according to Kingsbury, Wilson said, "What are you going to do about it, cracker?" He then lunged at Kingsbury.

There was a scuffle and at one point, Kingsbury had him in a headlock and then Wilson managed to break free. Kingsbury said he saw him pull out a knife.

"Thank God, it was like one of those butterfly knives, so he was kind of fidgeting with it and trying to open it," Kingsbury said. "I realized it so I was able to react when he came at me and tried to stab me. When he missed, that time I said 'I'm out of here.' "

Kingsbury ran toward the motel and he said he could feel Wilson right behind him lunging at him. After he felt the knife catch his shirt, Wilson stopped his attack and ran toward the woods to the north and through the woods toward the house where Kingsbury believes Wilson's grandmother lives to the east.

Others in the area had already called 9-1-1 and police were on the scene quickly but couldn't find Wilson. It was some days or weeks before Wilson turned himself in.

When he was sentenced, Wilson was ordered to pay $864 in restitution to Mistler for the broken sign, according to a probation letter Mistler received. Kingsbury doesn't believe full restitution was ever made.

According to police, Wilson, who has been charged with murder, stabbed Toote in the middle of Toote's chest and Toote died that night. In the fight, Wilson was shot in the leg by another person, allegedly by 17-year-old Samuel R. Blackshear. Jennifer K. Urvizu-Hanlon, 41, is accused of supplying the gun to Blackshear.

May 18, 2018 - 11:57pm
posted by Billie Owens in crime, batavia, news.


Multiple units of the Batavia Police Department and the Genesee County Sheriff's Office converged on the Southside of the city at Central and Pringle avenues around 11:30 p.m. after reports by residents of gunshots fired.

Officers then began searching nearby streets such as Cherry and Wood in their investigation.

At this point, law enforcement has not been able to locate anything suspicious.

UPDATE 12:17 a.m.: The sound of more suspected shots were heard a few minutes ago in the same vicinity. Law enforcement is on scene.

UPDATE 12:30 a.m.: At this point, nothing located.


May 18, 2018 - 10:09pm
posted by Howard B. Owens in crime, batavia, news, notify.


Jennifer Urvizu-Hanlon
  Samuel Blackshear

The Central Avenue murder and attempted murder investigation stemming from last night's melee on Central Avenue in the city took an unexpected turn today.

A 48-year-old local businesswoman and a 17-year-old boy, who was found this afternoon at her residence on West Main Street Road in the Town of Batavia, were arrested in connection with the shooting of Nathaniel D. Wilson Jr.

Jennifer K. Urvizu-Hanlon, owner of La Mexicana store in Valu Home Plaza, is accused of providing a gun to Samuel R. Blackshear during the confrontation on Central Avenue last night; and Blackshear allegedly shot Wilson in the leg with that gun.

Urvizu-Hanlon is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd.

Blackshear is charged with attempted murder, 2nd, attempted assault, 1st, assault, 2nd, and two counts of criminal possession of a weapon, 2nd.

Additional charges are possible.

According to Batavia Police Chief Shawn Heubusch, police were able to charge Urvizu-Hanlon based on video evidence. A video camera installed on Central Avenue earlier this week captured the entire incident. Urvizu-Hanlon, Heubusch  said, was on Central Avenue at the time of the incident.

"Her activities at the scene were she provided the weapon that was used in the shooting," Heubusch said.

Asked if the video showed her physically transferring the weapon from her possession to Blackshear's, Heubusch said, "I can't disclose that information as that's probably going to be part of the legal process." 

Urvizu-Hanlon was the registered owner of the gun and permitted bearer of the weapon, Heubusch said. He did not say whether the weapon was recovered during searches today but did say evidence was recovered from the searched locations.

Heubusch said investigators have yet to discern the nature of the relationship between Urvizu-Hanlon and Blackshear.  

Blackshear and another unidentified male were located at Urvizu-Hanlon's residence this afternoon.

That residence is a small yellow house on property owned by Upstate Toyota and next door to the dealership. Urvizu-Hanlon is a rental tenant.

Heubusch said, however, that investigators have not established that Blackshear was living there. He is officially listed as "no permanent address" and Heubusch said he tended to stay with other members of the community, as well.

Wilson, the man injured by the gunshot, was arrested after being released from the hospital and charged with murder in the stabbing death of Terry J. Toote, a 41-year-old Batavia resident whose last known residence was on West Main Street.

Urvizu-Hanlon, Blackshear, and Wilson are all being held without bail.

Batavia PD was able to bring all three into custody in less than 17 hours after the stabbing and shooting.

"Our guys did phenomenal police work," Heubusch said. "We had a lot of a lot of evidence to go through. They had a lot of witnesses to talk to. And it's still not done. But I'll tell you that they did a tremendous job overnight, and taking care of all of the issues that were at hand, and handling the other calls for service."

Heubusch also credited the assistance of the Sheriff's Office, State Police, the Orleans County SWAT (which assisted the Genesee County ERT), the Department of Environmental Conservation, and city fire for assisting at the scene last night and throughout the investigation.

"I can't speak highly enough about the cooperation in this county," Heubusch said. "Any time you need something, you give the sheriff or somebody else a call and they're going to send some people your way."

Another subject who was found at the West Main Street Road residence was released after questioning and is not a suspect, Heubusch said, though he may be a witness.

There is still investigative work to be done and Heubusch is asking witnesses to come forward and residents in the area who have video of the incident to supply it to investigators.

That said, it is likely that the primary suspects from Thursday night have all been arrested.

"The video evidence that we received and that we viewed was pretty clear," Heubusch said. "We do not believe that there are any outstanding suspects in this case."

Whether the incident last night is related to prior incidents on Central Avenue over the past few weeks is still unclear. There may be some connection, Heubusch said, but it's not clear which prior incident threads to a connection with this incident.

"We're still investigating as to what was the motive leading up to it," Heubusch said. "There was a large disturbance that took place down there. There was a fight between several individuals -- the deceased, the suspect that was arrested for that crime, as well as a suspect that was arrested for the shooting. There were other individuals involved in punching and kicking and that sort of thing. But it looks like there was a large fight."

Heubusch agreed it's striking that of all four individuals police have connected to this incident -- Toote, Wilson, Blackshear, and Urvizu-Hanlon -- none are residents of the Central Avenue/Pringle Avenue area of Batavia, though all four have long-standing ties to the community.

Why Central Avenue has become a flashpoint in the past several weeks is hard to pinpoint, but Heubusch said police are doing what the can to address the issues.

"I certainly can't deny that there are problem areas," Heubusch said. "That is something that we have been anxiously working on to try to solve the issues in that particular neighborhood. When it came to our attention that there were several instances of disturbances down there we took measures to increase the lighting in that area. We took measures to put up a street camera down there, which was essential in capturing the evidence that led us to the conclusions here. So you know we did as much as we possibly could."

Ultimately, brighter lights, cameras, and more patrols won't solve neighborhood problems without the cooperation of the residents who live on problem streets, Heubusch acknowledged.

"We would like to see is more community interaction," Heubusch said. "If you see something you need to give us a call. Don't be afraid to take back your neighborhood, so to speak. That's what we need. We need people to be proactive. We need neighbors to take care of neighbors and not hide from things like this. We will do whatever we can to protect you but come forward; otherwise, we can't charge these folks and get them out of your neighborhood."

Top photo and second photo, from a vigil on Central Avenue, by Howard Owens. The next photos of the vigil courtesy our news partner 13 WHAM.






May 18, 2018 - 4:22pm
posted by Billie Owens in batavia, crime, news, notify.


A person of interest from last night's crime scene at Pringle and Central avenues has been detained.

He was located in a little yellow house next to the Batavia Toyota dealership on West Main Street Road earlier this afternoon.

Law enforcement closed the road and surrounded the house.

Traffic on Route 5 in the Town of Batavia near the Batavia Toyota dealership was blocked in both directions for at least a half hour due to the law enforcement action.

UPDATE (By Howard) 5:04 p.m.: Photos added. Top photo: the house where we believe the person of interest was found and detained. Below, La Mexicana store, located at 4152 W. Main Street Road in Valu Home Plaza. We have few confirmed details, but the store is part of the investigation. This afternoon, the Emergency Response Team entered the store to search it. Batavia Police Chief Shawn Heubusch said use of ERT was merely a precaution since there was at least one weapon used in last night's incident.


May 18, 2018 - 2:26pm
posted by Howard B. Owens in crime, murder, batavia, news, notify.


Nathanial D. Wilson Jr., 30, with a last known address on Chestnut Street, Batavia, has been charged with murder in the second degree in the stabbing death last night of Terry J. Toote, 41, of West Main Street, Batavia.

Toote suffered a knife wound to the center of his chest. Wilson suffered a gunshot wound to his leg.

Police are looking for the suspected shooter. There is a person of interest police would like to interview.

Det. Eric Hill said he couldn't comment on whether any weapons were recovered.

After Toote was stabbed, other people in the area came to his aid. People were yelling "call 9-1-1, call 9-1-1" and a citizen started performing CPR and continued CPR until Mercy EMS arrived on scene.

Police have not said what precipitated the confrontation last night but don't believe it is connected to an incident a couple of nights earlier where a group of people were jumped by a number of other people, at least two with baseball bats and one person with a gun.

Toote has a criminal record. He was recently released from state prison on a conviction for attempted sale of a controlled substance. He was charged in Orleans County. That was a second felony offense for Toote, according to Orleans Hub. He was arrested in Batavia in 2014 on a harassment charge.

We haven't been able to confirm yet whether Wilson had any prior arrests.

The incident started some time before 11:30 p.m., Thursday. A witness who lives on Pringle Avenue said she heard people walking down Pringle talking loudly. One said, "I apologized. I apologized." When the group reached Pringle and Central, she said it sounded like the argument escalated, then she heard three gunshots. She said when she looked down the street she saw an SUV leaving the scene quickly.

Another witness said there was a car parked on Highland and the driver yelled, "They shot my boy. They shot my boy." And then that vehicle left.

Toote was pronounced dead at UMMC by County Coroner Donald Coleman.

While Wilson was being treated at UMMC, investigators developed information that indicated Wilson was allegedly responsible for stabbing Toote. Once he was released from medical care, he was taken into custody and then arraigned this morning in City Court on the murder charge.

Shortly after midnight, there was a disturbance at the hospital. Family and friends of Wilson and Toote were involved, according to police. The hospital went on lockdown as a precaution. There were no weapons displayed or threatened. The parties were separated. No charges have been filed.

Central Avenue has been a hotspot of disturbances recently so just about 24 hours before the stabbing and shooting, police activated a recently installed camera, which became critical in gathering evidence for this case.

"Due to these issues, the Department installed a video surveillance camera in the area and had the street lighting enhanced," Batavia PD said in a statement. "The street surveillance camera was instrumental in this investigation. The Department has also received several other videos showing the incident from witnesses who will remain anonymous. These, too, were instrumental in aiding in this investigation."

The case is under active investigation and Hill said police have been busy following up on leads.

From the press release:

The Department would like to thank the New York State Police, Genesee County Sheriff’s Office, the Genesee County Local Drug Task Force, New York State Department of Environmental Conservation (ENCON), City of Batavia Fire Department, Mercy Medics and Genesee County District’s Attorney’s Office.

Anyone with information in reference to the case may contact Detective Thad Mart at 585-345-6372 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicio....

More information will be released at the conclusion of the investigation.

CORRECTION: We initially pubished the suspect's name incorrectly. The correct last name is Wilson. The story has been corrected.

May 17, 2018 - 11:34pm
posted by Billie Owens in crime, batavia, news, notify.

A victim of a gunshot wound is reported at Central and Pringle avenues in the city. CPR is in progress. City police and fire responding.

UPDATE 11:37 p.m.: The gunshot is unconfirmed. A victim of a stabbing is transported to UMMC. City and state police have Pringle Avenue and Central Avenue cordoned off.

UPDATE 12:05 a.m.: Several witnesses at the scene say they heard at least three gunshots. A witness on Pringle Avenue says she heard people arguing; one person said she heard "I apologized; I apologized." When the subjects got to Pringle and Central Avenue, a witness reports hearing the argument escalate. Then she heard three gunshots. Then she saw an SUV peel off. Another witness said she heard a group of people on Pringle Avenue and they were screaming "Call 9-1-1; call 9-1-1." Another witness says there was a car parked in a driveway on Highland and the driver yelled: "They've shot my boy, they've shot my boy!" before peeling off in a vehicle. Yet another witness says he saw a shirtless white male running from the area. We've only confirmed with law enforcement that there is a stabbing victim; it is not confirmed there is a shooting victim."

UPDATE 12:10 a.m.: The state Department of Environmental Conservation is on scene with personnel and a canine capable of detecting gunpowder residue. A press conference is imminent.

UPDATE(S) (By Howard) 12:49 a.m.: We'll have a little more information in a bit, but two things: There are two victims. The gunshot victim was transported to UMMC by private vehicle. At about 12:30 a.m.; UMMC was placed on lockdown.

UPDATE 1 a.m.: Assistant Chief Todd Crossett briefed reporters at the scene on what police know at this time. Police were dispatched to Central and Pringle for a report of a man down in the street. They located a man who was the apparent victim of a stabbing. A second victim was transported to UMMC by private vehicle.

"Anyone with information is asked to call 9-1-1 and then we will get an officer out to talk with you as soon as we can," Crossett said.

Crossett said there is no information at this time to indicate this incident is associated with the one at Jackson and Central a couple of nights ago where four people were assaulted with baseball bats and a pistol.

"But obviously, it's still really early (in the investigation)," Crossett said.

In recent weeks, Batavia PD has given Central Avenue more attention, Crossett said, with increased patrols during the day and patrols stationed on the street when available at night.

"We've done some different things with increasing the street lights, making them brighter," Crossett said. "We've just recently moved our street camera down here. So we've done some things to try to get a handle on this to see what's going on down here."

There's no information yet available on the victims as far as description, age, race, gender. They are both in serious condition. 

Given the early nature of the investigation, Crossett was not able yet to provide descriptions of other people who may have been involved or how many people were involved.

UPDATED 5 a.m.: One victim has died, according to Crossett. He didn't say which victim.




May 17, 2018 - 3:05pm
posted by Billie Owens in crime, Grand Jury, news, batavia, Darien, notify.

Darcia M. Golda is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 26 in the Town of Batavia that Golda stole property with a value of more than $3,000 -- in this case, U.S. currency. In count two, she is accused of the crime of falsifying business records in the first degree, a Class E felony. It is alleged in count two that on Sept. 6 in the Town of Batavia that Golda, with intent to defraud, made a false entry in the business records of an enterprise. She allegedly did so by making a fraudulent return slip for $20 for the purposes of stealing from a store. In count three, the defendant is accused of the same crime as in count two, but it allegedly occurred on Sept. 19 for $99.87. In count four, the defendant is accused of the same crime as in count two, but it allegedly occurred on Sept. 11 for $150.37. In count five, the defendant is accused of the same crime as in count two, but it allegedly the fraudulent return slip was undated; the amount was for $125.03. In count six, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 22, 2016 for $79.45. In count seven, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 26 for $60.20. In count eight, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 27 for $81.25. In count nine, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 29, 2016, for $74.65. In count 10, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 15, 2016, for $140.30. In count 11, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 15, 2016, for $85.74. In counts 12, 13, 14 Golda is accused of third-degree forgery, a Class D felony. It is alleged that on Sept. 6, Sept. 19, Sept. 11, respectively, she falsely made, completed or altered a written instrument -- store return slips. In count 15, she is also accused of third-degree forgery for allegedly falsely completing an undated store return slip, sometime between Oct. 26, 2016 and Sept. 27, 2017. In counts 16, 17, 18 and 19, Golda is again accused of third-degree forgery for allegedly falsifying a return slip, respectively on: June 22, 2016; June 26; June 27; and, lastly, on June 15, 2016.

Melissa R. Rosenberg is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on Nov. 27 in the Town of Batavia that Rosenberg drove a 2001 Acura on Route 5 while intoxicated and while a child under age 15 was a passenger in the vehicle. In count two, she is accused of aggravated DWI, also a Class E felony, for DWI while a second child age 15 or under was a passenger in the vehicle. In count three, the defendant is accused of DWI as a misdemeanor. In count four, she is accused for DWI, per se, for having a BAC of .18 or more at the time. In counts five, six and seven, she is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In counts eight, nine, 10 and 11, Rosenberg is accused of vehicle and traffic law violations. Respectively, these are: driving left of pavement markings; moving from lane unsafely; failure to use designated lane; and moving across hazard lines.

Gioacchino F. Aquino is indicted for the crime of third-degree burglary, a Class E felony, for allegedly knowingly entering a building unlawfully with the intent to commit crime -- in a convenience store on Broadway Road in the Town of Darien on Jan. 10. He is accused of criminal mischief in the third degree, a Class E felony, for allegedly intentionally damaging the property of another person -- a glass door -- in an amount exceeding $250.


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Contact: Howard Owens, publisher (howard (at) the batavian dot com); (585) 250-4118

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