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January 22, 2015 - 11:22am
posted by Howard B. Owens in batavia, crime.
Robert Propst

A Batavia man with several prior arrests admitted in County Court on Wednesday to stealing another person's wallet at knifepoint in August.

Robert J. Probst, 34, of Maple Street, pled guilty to robbery, 2nd. 

As a prior felony offender, he faces up to 15 years in prison.

Probst was arrested in October, accused of confronting a 22-year-old victim on Pearl Street and taking his wallet.

Over the past few years, Probst has been arrested on various lesser charges in Batavia, but his prior felony offense for sentencing purposes is a 2002 robbery of a business in Batavia.

January 22, 2015 - 10:23am
posted by Howard B. Owens in batavia, crime.

Leslie R. Parris, 32, of Manor Parkway, Rochester, is charged with burglary, 2nd, robbery, 3rd, and criminal mischief, 4th. Parris was picked up on a warrant stemming from an alleged Nov. 26 incident in which Parris is accused of making forced entry into a residence and stealing a mobile phone. Parris was held without bail pending another court appearance.

Andrew Hollis Nickerson Jr., 26, of Livingston Avenue, Jamestown, is charged with unlawful possession of marijuana, uninspected motor vehicle and driver's view obstructed. Nickerson was stopped at 8:20 a.m. Wednesday on East Main Street, Batavia, by Deputy Patrick Reeves.

Joseph C. Jeffords, 23, of Ross Street, Batavia, was arrested on a warrant stemming from a petit larceny charge. Jeffords turned himself in. He allegedly failed to appear on the charge previously. He was jailed on $1,000 bail.

Gregory A. Cole II, 22, of New York Street, Rochester, was arrested on a warrant for alleged failure to appear on a theft of services charge. Cole was located by Rochester PD and turned over to BPD. He was arraigned and jailed on $1,000 bail.

Woodrow C. Horseman, 38, no permanent address, Batavia, was arrested on a warrant stemming from a criminal possession of a weapon, 4th, charge. Horseman allegedly failed to comply with conditions of treatment court, so a warrant was issued for his arrest. Horseman was spotted by Officer James Defreze and Det. Eric Hill walking on Ellicott Street and was taken into custody. He was jailed on $100,000 bail.

Ricky A. Marsceill, 50, of East Main Street, Batavia, was arrest on a warrant for alleged failure to appear on a traffic summons. He was located at his residence and taken into custody. He was jailed on $300 bail.

Kristine Szumigala, 41, of Batavia, and Michael A. Balla, 39, of Machias, are charged with conspiracy, 6th, and unlicensed operation, 2nd. A car was reported off the road on State Route 39 in the Town of Castile at 9:09 p.m., Jan. 16. Deputy Aaron Chase, Wyoming County Sheriff's Office, responded to the scene. Szumigala and Balla are accused of conspiring to lie about who was driving the vehicle at the time of the accident. Balla was charged with third-degree unlicensed operation, second-degree aggravated unlicensed operation, and unsafe lane change.

January 21, 2015 - 12:26pm
posted by Howard B. Owens in batavia, crime, bath salts.

A 39-year-old Rochester man has admitted in federal court that he sold drugs commonly known as bath salts in Batavia and other communities and faces a maximum prison term of 30 years or $2 million fine or both.

Charles Fitzgerald entered a guilty plea to possession of a controlled substance with intent to distribute before U.S. District Court Judge Frank P. Geraci Jr.

As part of the plea, Fitzgerald admitted to ownership of the 420 Emporium, once located on Ellicott Street, where substances known as Amped, Pump It, Da Bomb and Mr. Happy were sold.

Shortly after the store opened in the Spring of 2012, local law enforcement officers were responding to a series of calls dealing with people engaging in bizarre behavior. 

By the summer, a number of local residents joined in pickets in front of the store and a rally against bath salts held at a local business.

Federal officials responded as part of a nationwide crackdown on bath salts July 25, 2012, with a raid of the Batavia location as well as Fitzgerald's other 420 Emporium locations.

Fitzgerald lived with Amber Snover, who had previously listed herself on Facebook as the owner of at least two of the 420 locations. Snover was also arrested and agents seized $771,109 in cash at their residence at 221 West Hills Estates, Greece.

The arrests of Fitzgerald, Snover, Joshua Denise (who was listed on state documents as the owner of the Batavia location) and Michelle Condidorio, an employee in Batavia, was the culmination of an investigation that involved undercover buys and an unnamed informant seemingly within Fitzgerald's inner circle.

The substances Fitzgerald sold were synthetic drugs, compounds devised by clandestine laboratories to mimic the highs produced by illicit drugs such as meth, cocaine and marijuana.  

Bath salts were blamed on a rash of unusual behavior across the country, including reports of naked men eating the faces of victims.

Prior to the raids, the federal government listed the known synthetics of the time as analogues to controlled substances, making sales and possession illegal.

While bath salts are known to cause issues locally, including emergency room visits and even possibly one death, bath salt incidents locally dropped off dramatically after the raid and closure of the 420 Emporium.

Three 420 Emporium employees have pled guilty to federal charges and are awaiting sentencing.

“This case demonstrates how by working together, the community and law enforcement can improve the quality of life for all,” said U.S. Attorney William Hochul. “In this case, a rash of emergency room visits due to overdoses of synthetic drugs was brought to our attention by concerned members of the community, including the media. Law enforcement immediately engaged, and within several months, was able to execute search warrants throughout Western New York and make arrests of those selling such illegal and highly dangerous substances. With this conviction, we are able to report that the entire investigation was a success.”

Fitzgerald will be sentenced at 3 p.m. on April 15 by Judge Geraci.

The Batavian provided the most comprehensive, and fastest-breaking news coverage of the bath salt issue in Western New York in 2012. For an archive of those stories, click here.

PHOTO: File photo of cash and drugs seized by federal agents in the raids on July 25, 2012, of the 420 Emporium stores and the owner's residence.

January 21, 2015 - 10:57am
posted by Howard B. Owens in batavia, crime, alexander.

A 16-year-old resident of Sandpit Road, Alexander, is charged with criminal contempt, 2nd. The youth is accused of confronting a protected person while at Alexander Central School at 7:38 a.m., Tuesday.

Shelley A. Fox, 33, of West Main Street, Batavia, is charged with DWI, driving with a BAC .08 or greater and operating in violation of a conditional license. Fox was stopped at midnight Tuesday on East Main Street, Batavia, by Officer Darryle Streeter.

January 20, 2015 - 9:43am
posted by Howard B. Owens in crime, pembroke, corfu.

Zachary Jordan Franclemont, 20, of Indian Falls Road, Corfu, is charged with criminal possession of a hallucinogenic substance, one gram or more, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and criminally using drug paraphernalia, 2nd. Deputy Kevin McCarthy responded to a suspicious activity report at 12:30 a.m., Monday, at the East Pembroke Arrowmart of a person in a car using drugs. Upon investigation, Franclemont was found in a vehicle allegedly found in possession of cocaine, ecstasy and marijuana. Franclemont was arrested, arraigned and jailed on $20,000 bail. Assisting were Deputy Jason Saile, Sgt. Eric Seppala and Sgt. Greg Walker.

January 19, 2015 - 10:15am
posted by Howard B. Owens in batavia, Basom, crime, alexander, Le Roy.

Randall Steven Spring, 29, of Spring Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, speed not reasonable and prudent and moving from lane unsafely. Spring was reportedly involved in an accident on Sandpit Road, Alexander, at 12:36 a.m. on Saturday, which was investigated by Deputy Jason Saile.

Heather Daffney Stone, 19, of Ellwood Drive, Rochester, is charged with burglary, 3rd, and petit larceny. Stone was arrested on a warrant by RPD and turned over to the Sheriff's Office. She is being held until her next court appearance. No further details released.

Daniel D. Stalica, 70, of Crittenden Road, Alden, is charged with petit larceny and conspiracy, 6th. Stalica was arrested on a warrant out of City Court after being located by State Police in Erie County when troopers made contact on an unrelated matter. He was turned over to BPD and jailed on $750 bail.

Alton G. Williams, 38, of East Avenue, Batavia, is charged with endangering the welfare of a child. Williams was allegedly involved in a physical domestic incident at about 4:15 p.m. Thursday in the presence of a 15-year-old child. Also arrested on the same charge, Tera M. Williams, 41, of East Avenue, Batavia.

Kayla D. Joiner, 22, of West Main Street, Le Roy, was arrested on a warrant for alleged failure to appear. Joiner was stopped by BPD for an alleged traffic violation, arrested, processed and released.

Crystal A. Mounts, 37, of Summit Street, Batavia, is charged with petit larceny. Mounts is accused of shoplifting at Dollar General.

Edward W. Simcoe, 58, of Buffalo, is charged with petit larceny. Simcoe was arrested by State Police at 381 Bloomingdale Road, Basom, and held on an unspecified bail. No further details released.

January 16, 2015 - 8:20pm
posted by Billie Owens in batavia, crime.

Batavia PD announced that Jacquelyn Deats, 63, was arrested today in connection with the death of infant Chandler Zuchs. The 6-month-old boy was found unresponsive when Mercy medics and Batavia city firefighters responded to a call for help at her address, 10 Olyn Ave., on Dec. 14. She is charged with endangering the welfare of a child.

Her son, Jeffery Deats, was arrested for manslaughter in the baby's death. Subsequently, it was revealed that he was not Chandler's biological father.

Jeffery Deats attempted suicide while in custody and later died at Erie County Medical Center.

Both Jacquelyn and Jeffery Deats were present in the Olyn Avenue home at the time Chandler was found unresponsive.

According to police, investigators learned with Jacquelyn did not contact emergency personnel for "a protracted amount of time after realizing there was something medically wrong with the infant."

The District Attorney's Office assisted with the case.

She is scheduled to appear in Batavia City Court at 1 p.m. on Tuesday, Jan. 27.

January 16, 2015 - 7:50am
posted by Howard B. Owens in batavia, Attica, crime.

Darrell Smith, 47, of Hutchins Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Smith was allegedly involved in an argument with his girlfriend and during the incident ripped the shower current and punched, pushed and grabbed her. Smith was jailed on $1,000 bail.

Kyle J. Snyder, 26, of Colony Run, Attica, was arrested on a warrant for alleged failure to appear on an appearance ticket. Snyder turned himself in at Batavia PD. The original charge was aggravated unlicensed operation, 3rd. Snyder posted $200 of his $500 fine, released and scheduled to appear again at a later date.

Robert E. Saari, 33, of Alleghany Road, Attica, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge, 2nd. Saari turned himself in. He posted $500 bail and was released.

Dustin Guy Nicometo, 27, of Jackson Street, Batavia, is charged with criminal possession of stolen property, 4th, and violation of probation. Nicometo was arrested on a warrant.

Steven James Snyder, 25, of West Avenue, Attica, is charged with petit larceny. Snyder is accused of shoplifting from Kmart.

January 15, 2015 - 12:34pm
posted by Howard B. Owens in batavia, crime.
Jacquetta Simmons

Batavia police officers have been looking for Jacquetta Simmons since October after she was allegedly involved in an altercation at a church meeting, Chief Shawn Heubusch said today.

Simmons, convicted of punching a Walmart employee on Christmas Eve, 2011, is wanted on a charge of harassment in the second degree.

The charge means she is accused of physical contact with the victim.

Heubusch said he didn't know what that contact involved. The alleged victim is described as a 54-year-old woman.

The warrant was issued Oct. 20 and signed by Judge Robert Balbick, City Court.

Heubusch didn't know the name of the church, but said he believed the alleged altercation occurred during a business meeting. The address he provided is 301 North St., which is the YWCA.

Police do not currently have any information on where Simmons might be.

Simmons last appeared in court in September when her restitution order was modified and she was ordered to make payments of $100 per month on her $2,000 debt.

Originally sentenced to five years in prison for hitting a 70-year-old Walmart cashier, an appeals court vacated that sentenced and ordered she be resentenced to a year in jail.  

Noonan resentenced her a year ago and she was taken to jail at that time, but was expected to be out in eight months or less.

For The Batavian's previous comprehensive coverage of the Simmons case, click here.

January 14, 2015 - 3:45pm
posted by Howard B. Owens in batavia, crime, Oakfield, Le Roy, Stafford.

Joel David Prouty, 28, of Fisher Road, Oakfield, is charged with grand larceny, 4th, and criminal possession of a weapon, 4th. Prouty was arrested following an investigation by Deputy Chad Minuto into a report of a stolen rifle from a residence in Oakfield sometime between July and August. Prouty is accused of stealing a rifle and selling it to another person. Prouty has a prior felony conviction, leading the weapons charge. The rifle was recovered. Prouty is currently confined in the Genesee County Jail on unrelated charges.

Lauren E. Charache, 35, Myrtle Street, Le Roy, is charged with aggravated unlicensed operation, 2nd, and criminal possession of stolen property, 3rd. Charache was allegedly caught operating a vehicle that had been stolen from a person in Le Roy. Charache was held on $15,000 bail or $30,000 bond.

Steven Anthony Caldarelli, 52, of Portland Avenue, Rochester, was arrested on a warrant for criminal possession of stolen property. Caldarelli is accused of selling stolen property to a business in the Town of Batavia. He was jailed on $2,000 bail. He is also charged with petit larceny. He is accused of stealing power equipment from a vehicle that was parked in a parking lot in the Town of Batavia.

Michael Paul Dickens, 33, of Underwood Avenue, Hilton, is charged with harassment, 2nd. Dickens allegedly struck another person in the head while riding in the vehicle with that person on Route 19, Le Roy.

Jennifer Lynn Stack, 28, of South Main, Batavia, is charged with aggravated unlicensed operation, 3rd, and plate display violation (no front plate). She was also arrested on a warrant out of the Town of Gates. Stack was turned over to Gates PD following her arrest.

Chercal A. Smith, 19, of Bank Street, Batavia, is charged with assault, 3rd. Smith is accused of punching another person in the face with intent to cause injury.

Kristine S. Baker, 27, of Clinton Street, Batavia, is charged with dog running at large. Baker turned herself in on a warrant.

Jerry Tyrone Saddler Jr., 28, of Steel Street, Auburn, is charged with harassment, 2nd, and two counts of criminal contempt, 1st. Saddler was allegedly involved in a fight at 8:13 p.m., Tuesday, at a location on West Main Street in alleged violation of a court order barring offensive conduct around the other person. He reportedly has a prior criminal contempt conviction within the past five years.

An unidentified 18-year-old was arrested on a warrant for criminal obstruction of breathing, endangering the welfare of a child and criminal mischief, 4th. The suspect was located by Niagara Falls PD. The person allegedly did not abide by terms of a release under supervision order. The suspect was jailed on $1,000 bail or bond.

Eileen M. Wilcox, 46, of Brooklyn Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a driving while impaired by alcohol charge. Wilcox turned herself in to BPD and is ordered to court at a later date to pay off her fines.

Grand Jury Report:

Jared E. Fleming is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Fleming is accused of driving drunk July 31 on Transit Road, Stafford. He allegedly has a prior DWI conviction from January 2011.

January 13, 2015 - 9:44am
posted by Howard B. Owens in crime, Le Roy.

Press release:

The Le Roy Police Department is advising all residents of a sudden increase in vehicle thefts in the Village of Le Roy. Three vehicles have been stolen since Jan. 7th from different locations in the Village, and even though all have been recovered, two have sustained significant damage. It is suspected that all three stolen vehicles may be related to drug use. The method being used is the suspect will wait in an area for a person to drive up and park their vehicle but leaving it unlocked and running due to the cold weather. The suspect will wait until the driver enters a store out of eyesight and then enter the unlocked vehicle and drive away.

The Le Roy Police Department is advising all citizens to please not leave their vehicles running while unoccupied and if they must leave it running, lock it and if there vehicle is stolen to please call 9-1-1 immediately.

One person has been arrested so far in relation to these thefts and a future press release will be issued pertaining to such.

January 12, 2015 - 10:45pm
posted by Howard B. Owens in batavia, crime, accident.

A driver involved in an accident Sunday night on Ellicott Street near Jackson Avenue that sent two people to the hospital has been charged with DWI.

Reid E. Scott, 23, of Bear Road, Cowlesville, is also charged with driving with a BAC of .08 or greater, leaving the scene of an injury accident, reckless driving, speeding and consuming alcohol in a motor vehicle. 

Scott's vehicle was northbound on Ellicott Street, allegedly at a high rate of speed, according to investigators. A second vehicle was in the left-turn lane, intending to turn into Kwik Fill, and Scott allegedly attempted to pass the vehicle on the left by driving in the wrong lane toward oncoming traffic.

Scott's vehicle struck the turning vehicle. His vehicle then continued north striking a railroad crossing sign and utility pole.

Scott allegedly fled the scene of the accident on foot and was later located in Jackson Square. He suffered a hand injury.

Batavia PD did not release the names of the occupants of the other vehicle or provide information on their injuries.

UPDATE Tuesday, 4:50 p.m.: The driver of the second vehicle was Frances Riggs, of Brockport, and the passenger was Mattie Cole, of Albion. Both were transported to UMMC, but neither suffered a significant  injury, according to Sgt. Chris Camp. 

January 12, 2015 - 9:37am
posted by Howard B. Owens in batavia, crime, Le Roy, bergen.

Jason Gerard Heineman, 42, of Batavia Oakfield Townline Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right, driving left of pavement markings and refusal to take breath test. Heineman was stopped at 12:59 a.m. Saturday on Phelps Road, Pembroke, by Deputy Andrew Hale.

Edward William Zastrow, 33, of Town Line Road, Bergen, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely. Zastrow was arrested by Sgt. Eric Seppala after his vehicle reportedly went off the roadway on Buffalo Street, Bergen, at 1:14 a.m. Sunday.

Devon James Schulman, 19, of Walnut Street, Batavia, is charged with petit larceny. Schulman is accused of stealing merchandise from Walmart.

Curtis L. Williams, 34, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Williams turned himself in on the warrant.

Gregory Marcus Munroe II, 26, of Harvester Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a disorderly conduct charge. Munroe turned himself in on the warrant.

Kim M. Sobczak, 52, of Batavia, is charged with petit larceny, controlled substance not in original container and criminal possession of a controlled substance. Sobczak was arrested at Kmart at 12:30 p.m. Friday by State Police. No further details released. UPDATE: NYSP has released additional information on this case. According to police, Sobczak was caught leaving Kmart with a shopping cart full of assorted items with a value of more than $300. She was allegedly found during her arrest with a pill bottle containing acetaminophen/oxycodone and acetaminophen/hydrocodone pill tablets.

Ethan T. Ellis, 30, of Brockport, Mark J. Friga, 29, David A. Morre, 26, Victor F. Martinez, 26, all of  Rochester, were charged with trespass. The four men were allegedly found by State Police riding ATVs on private property off Circular Hill Road, Le Roy, last week. The property is owned by Hanson Aggregates.

January 11, 2015 - 3:25am
posted by Howard B. Owens in crime, pembroke, corfu.
Matthew Jurek

Matthew A. Jurek, 26, of Pembroke, has been charged with leaving the scene of a fatal pedestrian accident, according to the Buffalo News.

Jurek was allegedly involved in an accident Saturday that claimed the life of Francis A. Meldrum Jr., 38, of Corfu, who was walking on Indian Falls Road in Newstead when he was struck by a vehicle.

A passerby found Meldrum's body in the roadway.

From the Buffalo News:

An unidentified passenger in the suspect’s pickup at the time of the hit-and-run is cooperating with investigators, the Sheriff’s Office said.

“After Jurek struck Mr. Meldrum with the vehicle he was operating, he fled from the scene and left Mr. Meldrum lying on the side of the road,” Erie County Undersheriff Mark Wipperman said in an afternoon news conference.

Jurek was reportedly with a group of people that night.

January 10, 2015 - 10:45am
posted by Howard B. Owens in batavia, crime.

The driver of a pickup truck that plowed into the western entryway of Batavia's police headquarters did so intentionally, investigators say.

Charges are pending against Steven J. Mancuso-Haitz Jr., according to a statement released by BPD.

Mancuso-Haitz is identified by police as the man who drove a 1998 Chevrolet S10 pickup into the building at 2:57 p.m., Friday, causing damage to the doorway, but apparently not causing any structural damage.

The driver was transported to Strong Memorial Hospital for evaluation.

The investigation is ongoing, police said.

No motive was given for Mancuso-Haitz to allegedly drive his truck into the building. Mancuso-Haitz has had prior local law enforcement contact, including an incident that led to this correction by The Batavian in 2011.

January 7, 2015 - 10:28am
posted by Howard B. Owens in batavia, crime.

Yekaterina Reznichenko, 28, of Tracy Street, Rochester, is charged with robbery 3rd and two counts of grand larceny 4th. Reznichenko is suspected of robbing the Five Star Bank in Batavia in February. Reznichenko was located by Rochester PD and turned over to Batavia PD. She is being held by the Genesee County Jail.

Lakeisha A. Gibson, 28, of East Avenue, Lockport, was arrested on a bench warrant for alleged failure to appear on a disorderly conduct charge. Gibson was located by the Niagara County Sheriff's Office and turned over to Batavia PD.  Gibson posted $130 police bail and was released.

Adam D. Smart, 32, of Dellinger Avenue, Batavia, is charged with harassment 2nd, endangering the welfare of a child and criminal obstruction of breathing. The charges stem from an alleged domestic incident reported at 1:30 p.m., Saturday. He was jailed on $10,000 bail.

January 6, 2015 - 2:48pm
posted by Billie Owens in batavia, crime, elba.

Darwin Zuniga-Rocha, Eliseo Mateo-Perez and Uriel Ramirez-Perez are accused of first-degree rape, a Class B felony. It is alleged that on Nov. 16, 2014, in the Town of Elba, they engaged in sexual intercourse with another person by forcible compulsion.

Nathan L. Royse is accused of first-degree burglary, a Class B violent felony. It is alleged that on July 9, 2014, he knowlingly entered or unlawfully remained in a dwelling on Wood Street in the City of Batavia with intent to committ a crime. In the course of the alleged crime, he or another participant is accused of causing physical injury to a person who was not a participant. In count two, Royse is accused of second-degree assault, a Class D violent felony, for allegedly causing physical injury to a person not participating in the commission of a felony or attempted felony.

The four men named in these Grand Jury indictments are to be arraigned in Genesee County Court on Thursday.

January 5, 2015 - 4:27pm
posted by Howard B. Owens in crime.

Sometime between 11 a.m. and 4 p.m., New Year's Day, even as Laura Ford and her son where home, somebody snuck onto the porch of the Ford residence and stole this chainsaw carving of a bear.

Bill Ford bought the bear as a one-year anniversary present for Laura about four years ago.

The Fords are asking if anybody has information that may help in its recovery, to please call the Sheriff's Office at (585) 343-5000. The case is being investigated by Deputy Corey Mower.

January 5, 2015 - 1:34pm
posted by Howard B. Owens in batavia, crime.
Dashawn Butler

An appeal denied this morning will keep Dashawn Butler locked up, at least pending further appeals.

A jury found Butler guilty Nov. 21 of guilty of criminal use of a firearm, 2nd, criminal possession of a weapon, 2nd, and attempted assault, 1st.

Judge Robert C. Noonan sentenced Butler to eight years in prison Dec. 22.

Attorney Thomas Burns filed a motion for a stay of his client's sentence pending and the appeal was heard in a telephone conference call this morning with Justice Eugene Fahey, NYS Appellate Division, Fourth Department. 

District Attorney Lawrence Friedman and Burns argued their positions with Fahey, and Fahey issued his ruling at the hearing's completion.

Butler was transferred from the Genesee County Jail to the Department of Corrections on Friday, and Fahey ruled Butler will stay in the prison system while his other appeals move forward.

A new attorney will be appointed to Butler for the appeal process.

January 5, 2015 - 12:43pm
posted by Howard B. Owens in crime, Bethany.

A Bethany resident accused of causing a brain injury to a toddler appeared in County Court today, but his case was continued to another date because his newly hired attorney was unable to make an appearance this morning.

Anthony P. Dibble, 25, was arraigned last week on a sealed indictment charging reckless assault of a child and assault in the second degree. 

In an interview following Dibble's appearance, Assistant District Attorney Will Zickl said the toddler, a 2-year-old female, suffered a very serious brain injury and underwent surgery to relieve swelling in her brain.

"Fortunately, she is recovering at this point," Zickl said.

Asked for a prognosis, Zickle said, "I don't know the prognosis and I don't even know if the medical professionals would predict that because neurological injuries are very tricky, especially predicting the future."

Dibble is the child's biological father, Zickl said; however, the child lives with her mother, who is not a Genesee County resident.

The parents are not married, Zickl said.

By mutual agreement, the toddler was staying with Dibble on an overnight visit in August.

The injured child was driven to UMMC by Dibble and from there was taken by Mercy Flight to Women & Children's Hospital in Buffalo, where the surgery was performed.

Zickl declined to discuss the circumstances the prosecution believes led to the girl's injuries.

The indictment accuses Dibble of causing a serious physical injury to the brain of a child less than 5 years old by shaking the child or slamming or throwing the child so as to impact the child's head on a hard surface or object.

He is also accused of intending to cause physical injury to a person under 7 years of age and caused such an injury by biting the person. 

Buffalo attorney Dominic Saraceno has apparently been retained to represent Dibble. Because of a prior commitment, he couldn't be in court today on relatively short notice, but did contact the office of Judge Robert C. Noonan and ask that the case be continued to a later date.

Dibble is due in court again at 10:45 a.m., Jan. 22.

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