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March 30, 2018 - 5:23pm
posted by Howard B. Owens in animals, outdoors, crime, news, batavia, DeWitt Recreation Area.

A caller reports a 14-year-old girl is throwing rocks at geese at the DeWitt Recreation Area in Batavia.

Batavia PD dispatched.

March 30, 2018 - 10:01am
posted by Howard B. Owens in Pavilion, news, crime.

The case of Beniluis Ruiz, the former Pavilion resident whose sex abuse conviction was overturned on appeal, was continued until April 27 in Genesee County Court this morning. The continuation will give Ruiz time to decide whether he will hire a private attorney to represent him or ask the Public Defender's Office to handle his case.

Ruiz's 2015 conviction was overturned and a new trial ordered after an appeals court found that some parts of an expert witness's testimony was used in a way that implied guilt rather than simply explained the typical actions and responses of child sex abuse victims and perpetrators. 

Assistant District Attorney Kevin Finnell, who prosecuted Ruiz the first time around, told Judge Charles Zambito that if the case were to go to trial, the people are ready for trial.

When the appeals court overturned Ruiz's conviction, the court also ordered Ruiz be released from prison. He was serving the final few months of a four-year term imposed by then-Judge Robert C. Noonan. 

Prior to sentencing in 2015, Ruiz was out of jail under supervision of Genesee Justice. Today, Zambito returned Ruiz to the supervision of the agency and issued a new order of protection for the alleged victim in the case.

At his 2015 sentencing, Ruiz maintained he did not commit a crime.

March 29, 2018 - 9:56am
posted by Howard B. Owens in crime, news, batavia, Stafford.

Nicole R. Elmore, 29, of Jackson Street, Batavia, was arrested on a warrant for alleged failure to appear. She was jailed on $500 bail.

Dilek Kahraman Mehmet, 42, of Meadowbrook Road, Rochester, was arrested on a warrant for alleged failure to appear on traffic tickets, including aggravated unlicensed operation, 3rd. He was jailed on $250 bail.

Anthony L. Vanelli, 40, of Thorpe Street, Batavia, was arrested on a warrant for alleged failure to appear. He was ordered held on bail.

Javaris A. Owens, 24, of Rochester, is charged with unlawful possession of marijuana and speeding. Owens was stopped at 3:19 p.m. Monday on Route 33 in Stafford by State Police.

March 28, 2018 - 12:25pm
posted by Howard B. Owens in crime, batavia, news.

suspectarbyrob2018.jpgA subject armed with what appeared to be a firearm, according to Batavia PD, entered Arby's on West Main Street, Batavia, at about 11 p.m. Sunday and demanded money from employees.

The perpetrator then fled the area with cash obtained during the robbery. 

Police said no further information is being released at this time due to the ongoing investigation.

Anyone with information in reference to the case may contact Detective Matthew Wojtaszczyk at (585) 345-6357 or the Batavia Police Department at (585) 345-6350.

 

 

March 27, 2018 - 2:36pm
posted by Howard B. Owens in crime, Pavilion, news, notify.

The 2015 conviction of a Pavilion man on sexual abuse charges has been thrown out on an appeal because of what the court deemed the improper use of testimony by an expert witness.

The State Supreme Court, Appellate Division, Fourth Judicial Department, ordered that Beniluis Ruiz receive a new trial on counts of first-degree sexual abuse, two counts of criminal sexual act in the third degree, as well as five other counts in his original indictment.

The court ordered Ruiz released from prison last week, about nine months shy of his scheduled release on his four-year prison term. He's scheduled to appear in Genesee County Court on March 30 for further proceedings in his case.

Ruiz was convicted following a jury trial in 2015. At his sentencing before Judge Robert C. Noonan, now retired, Ruiz maintained he was innocent.

In the trial, Assistant District Attorney Kevin Finnell called on an expert witness to testify about the symptoms commonly exhibited by children who have been sexually abused.

That testimony would explain to a jury some of the seemingly contradictory behavior of a child who has been sexually abused. For example, they won't necessarily tell a mother immediately, or they might recant statements later -- what the court referred to as admissible evidence regarding a "pattern of secrecy, helplessness, entrapment [and] accommodation."

This expert, however, also testified about a perpetrator's conduct, which the court found was used to point to the defendant's guilt rather than as just an explanation of conduct.

"The expert explained 'grooming' and other behaviors associated with perpetrators of child sexual abuse," the court stated in its ruling. "Her detailed description of a typical perpetrator’s modus operandi, moreover, closely tracked the victim’s testimony concerning defendant’s conduct, and the prosecutor on summation urged the jury to conclude that defendant’s interactions with the victim fit the description of a typical perpetrator’s conduct as described by the expert.

"In sum, that part of the testimony of the expert describing the conduct of a typical perpetrator was not directed at explaining the victim’s behavior. Rather, it was presented 'for the purpose of proving that the [victim] was sexually abused.' "

March 27, 2018 - 11:08am
posted by Howard B. Owens in crime, elba, batavia byron, news, notify.

Matthew Scott Williams, 30, of Hundredmark Road, Elba, is charged with criminal possession of criminal property, 5th, and falsifying business records, 2nd. Williams is accused of selling another person's property at Pawn King in Batavia. He was arraigned and released under supervision of Genesee Justice.

Latiqua S. Jackson, 24, no permanent address, was arrested on a warrant for alleged failure to comply with a court-ordered program. Jackson was jailed without bail.

A 17-year-old resident of Walnut Street, Batavia, is charged with criminal possession of marijuana and criminal use of drug paraphernalia. The youth was arrested at 11:26 p.m. Sunday on Main Street, Batavia, by Officer Mitchell Cowen.

Jacqueline M. Biglow, 55, of Prune Street, Batavia, is charged with dog running at large. Biglow was charged after police were dispatched to Prune Street at 4:54 p.m., Monday, for a report of an aggressive dog running at large in the area.

Jeremy S. LaCarte, 40, of Kibbe Avenue, Batavia, was arrested on a warrant for alleged failure to comply with court conditions. LaCarte posted bail and was released.

Roseann Cooper, 48, of Pearl Street, Batavia, is charged with petit larceny. Cooper is accused of shoplifting at Tops Friendly Market in Batavia. She is accused of concealing $33.54 worth of merchandise in her purse and leaving the store without paying.

A 16-year-old resident of Gilbert Road, Bergen, is charged with endangering the welfare of a child. The youth is accused of hosting a party at 9:55 p.m. Friday at his residence where he was serving alcohol to people under age 21.

Tyler Lee Walls, 21, of Upper Holley Road, Holley, is charged with aggravated unlicensed operation, 3rd, and criminal possession of marijuana, 4th. Walls was stopped at 8:21 p.m. Friday on Holley Byron Road, Byron, by Deputy Christoper Erion and K-9 "Destro."

James Andrew Douglas, 67, of Alger Street, Rochester, is charged with DWI, refusal to take a breath test, and speeding. Douglas was stopped at 2:13 a.m.,Saturday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Tyler John Henderson, 29, of Maple Avenue, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Henderson was stopped at 1:07 a.m. Saturday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

March 26, 2018 - 11:28am
posted by Howard B. Owens in crime, notify, news, batavia, pembroke, byron.
tornaben_mug2018.jpg
   Joseph Tornabene

Joseph M. Tornabene, 26, of Dellinger Avenue, Batavia, is charged with third-degree assault, aggravated criminal contempt, fourth-degree criminal mischief, and second-degree robbery. Tornabene is accused of physically attacking a woman during a violent domestic dispute, causing injuries. He is also accused of forcibly taking the victim's mobile phone, preventing her from calling 9-1-1. He also allegedly violated an order of protection. He was jailed on $25,000 bail.

Daniel Edward King, 41, of Phelps Road, Pembroke, is charged with failing to register a change of address within 10 days as a sex offender. The charge followed an investigation into an incident in the Town of Pembroke.

Bin Chen, 32, of Wangman Street, Rochester, is charged with possession for the purpose of sale of 30,000 or more untaxed cigarettes, criminal tax fraud, 3rd, and failure to stop at stop sign. Chen was stopped at 1:29 a.m. Friday in the area of 7152 Alleghany Road, Alabama, by Deputy James Stack.

Jacob Russell, 22, of Walkers Corner Road, Byron, is charged with criminal possession of a weapon with a previous conviction and unlawful possession of marijuana. Russell was charged following a search of his residence by probation officers, who allegedly found a switchblade knife and five marijuana smoking devices containing marijuana. Russell was jailed on $20,000 bail or $40,000 bond.

Kevin Watson, 58, of East Main Street, Batavia, is charged with petit larceny. Watson is accused of stealing several items from Dollar General.

Scott D. Larnder, 41, of Tracy Avenue, Batavia, is charged with an unlicensed dog and owning a vicious dog. Larnder's dog allegedly bit another person at his residence at 10:23 p.m. on March 12.

March 23, 2018 - 2:18pm
posted by Billie Owens in crime, news, Pavilion, Le Roy, notify.

Phillips S. Muzzy Jr. is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 22 at about 12:45 a.m. that he knowingly unlawfully entered  the Pavilion Farms gas station on South Lake Road in Pavilion with the intent to commit a crime. In count two, he is accused of second-degree criminal mischief, also a Class D felony, for allegedly intentionally damaging property belonging to others. Muzzy allegedly damaged a glass door, computerized cash register system and cash drawer, in an amount exceeding $1,500. In count three, the defendant is accused of petit larceny, a Class A misdemeanor, for allegedly stealing property from Pavilion Farms. In count four, Muzzy is accused of another count of third-degree burglary on the same day. He is accused of knowingly and unlawfully entering another gas station, Crosby's on Telephone Road in Pavilion, with the intent to commit a crime. In count five, he is accused of third-degree criminal mischief, a Class E felony, for allegedly intentionally damaging the property belonging to another. He is accused of damaging a glass door in an amount exceeding $250. In count six, Muzzy is accused of fourth-degree grand larceny, another Class E felony, for allegedly stealing property from Crosby's having a value exceeding $1,000.

Karaya D. Cummings is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Oct. 8 in the Town of Le Roy that Cummings knowingly and unlawfully possessed a narcotic drug -- heroin -- with the intent to sell it. In count two, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for operating a 2006 Hyundai on Route 490 while her privilege to drive in New York was revoked by authorities. The indictment states the defendant had 10 or more suspensions in effect, imposed on at least 10 different dates, for failure to answer, appear or pay a fine in Monroe County in the City of Rochester from Feb. 4, 2014 through Oct. 23, 2016, and on Christmas Day (Dec. 25) 2013 in the Town of Ogden.

March 22, 2018 - 11:03am
posted by Howard B. Owens in crime, batavia, news, notify.
ratcliffmugmarch2018.jpg
       Robert Ratcliffe

Robert Edwin Ratcliffe, 38, of South Main Street, Castile, is charged with burglary, 3rd, grand larceny, 4th, and criminal mischief, 3rd. Ratcliffe is accused of smashing at window of Batavia Cycle Center, 4988 E. Main Street Road, Batavia, in order to gain entry to the building and then stealing a dirt bike during the overnight hours sometime between May 23 and May 25. The case was investigated by Investigator Christopher Parker, Deputy Chad Cummings, Investigator Jame Diehl, Chief Deputy Joseph Graff and DEC Officer Richard Rauscher. Ratcliffe was arraigned in Town of Batavia Court upon his arrest and released under supervision of Genesee Justice.

Alex S. Dumbleton, 24, of West Main Street Road, Batavia, is charged with aggravated harassment, 2nd. Dumbleton allegedly threatened another person at 4:44 p.m. Monday at a location on Franklin Street, Batavia.

Leon W. Johnson, 34, of South Main Street, Albion, is charged with stalking, 3rd, stalking, 4th, and endangering the welfare of a child. Johnson allegedly threatened injury to another person and caused harm to another person's mental and emotional health in an incident reported Monday. He was jailed on $5,000 bail.

Arlena G. Cox, 57, of Dellinger Avenue, Batavia, is charged with petit larceny. Cox is accused of stealing $62.53 in makeup and soda from Tops Friendly Market.

Otha E. Rivers III, 37, of Lakeshore Drive, Canandaigua, was arrested on a warrant stemming from an illegal parking ticket. Rivers appeared in City Court, entered a guilty plea, and paid a fine.

Steven P. Lee, 35, of Warsaw, is charged with DWI, criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, and unlawful possession of marijuana. Lee was stopped at 7:55 p.m. Wednesday on Route 33, Stafford, by State Police.

March 20, 2018 - 12:30pm
posted by Howard B. Owens in crime, batavia, news, notify.

Elizabeth Michelle Grattan, 27, of State Street, Batavia, is charged with assault, 2nd, and criminal possession of a weapon, 3rd. Grattan is accused of stabbing another person with a steak knife during a fight reported at 9:50 p.m. Friday at a residence on Lewis Place, Batavia. Grattan was ordered held until her next court appearance.

Jason J. Raffel Jr., 25, of South Main Street, Batavia, is charged with obstructing governmental administration, 2nd. Raffel is accused of refusing to leave an active crime scene at 10:27 p.m. Saturday on State Street, Batavia.

Bryan D. Bates, 38, of East Center Street, Medina, is charged with criminal contempt, 1st. Bates is accused of violating an order of protection at 11:22 p.m. March 11 at a location on Oak Street, Batavia.

Moises Garza Jr., 21, of Washington Avenue, Batavia, is charged with criminal obstruction of breathing and unlawful imprisonment, 2nd. Garza was charged following an investigation into an incident reported at 4:45 p.m. Saturday at a residence on Washington Avenue. Garza was ordered held without bail.

Eric Jon Merritt, 28, of Rose Road, Batavia, is charged with criminal contempt, 1st. Merritt allegedly contacted two protected parties at 8:49 p.m. Saturday in violation of stay away orders of protection.

Eric James Olverd, 45, of Buell Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and no taillamp. Olverd was stopped at 12:51 a.m. Sunday on Central Avenue, Batavia, by Investigator Christopher Parker.

March 19, 2018 - 10:42am
posted by Howard B. Owens in batavia, news, crime, notify, Alabama, Darien, Oakfield, corfu.

David T. Neauaus, 31, of Fisher Park, of Batavia, was arrested on a warrant for alleged obstruction of governmental administration, 2nd, resisting arrest, endangering the welfare of a child, and criminal trespass. He was jailed on $5,000 bail. He was also arrested on charges of assault, 3rd, and unlawful fleeing a police officer in a motor vehicle. The alleged incidents occurred March 10. Bail on these charges was set at $10,000.

Rebecca V. Flanagan, 41, of Sliker Hill Road, Conesus, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Flanagan was stopped at 4:48 p.m. Wednesday on Ellicott Street, Batavia, by Officer Cowen Mitchell.

Elliot Lee Lyons, 27, of State Street, Batavia, is charged with criminal mischief. Lyons was charged after surveillance video revealed he allegedly damaged a wall inside a residential facility on State Street.

Paula G. Pierce, 26, of Lewis Place, Batavia, was arrested on a warrant for alleged failure to comply with a court-ordered program as part of a previous sentence on a criminal conviction. Pierce was released on her own recognizance.

Katty L. Jackson, 22, of Summer Street, Buffalo, is charged with criminal contempt, 2nd. Jackson was arrested after police were dispatched to Central Avenue, Batavia, at 8:21 p.m. Tuesday to investigate an incident and located Jackson, who was allegedly violating an order of protection.

Johnny Dinh, 40, of Clinton Street, Batavia, is charged with forcible touching. Dinh is accused of touching another person inappropriately without consent or invitation at a location on Clinton Street Road, Batavia, on Feb. 28.

Brett Nelson Magoffin, 42, of Genesee Street, Corfu, is charged with felony DWI, felony driving with a BAC of .18 or greater, and moving from lane unsafely. Magoffin was arrested following an investigation at 11:16 p.m. Thursday into a physical altercation at a location on Simonds Road, Darien, by Deputy Andrew Mullen and Deputy Ryan Young.

Jonathan Christopher Elleman, 26, of Exchange Street, Attica, is charged with DWI, driving with a BAC of .08 or greater, and driver's view obstructed. At 2:40 a.m., dispatchers received a report of an erratic driver in the Town of Darien. Deputies Ryan Young and Eric Meyer responded and located a vehicle matching the description of the one reported by a caller parked on the side of Sharrick Road. Upon further investigation, Elleman was charged.

Lou Ann Lindsley, 62, of Medina, is charged with DWI and refusal to take breath test. Lindsley was stopped at 8:50 p.m. Sunday on Route 77, Alabama, by State Police.

Jacob J. Szumigala, 24, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Szumigala was stopped at 2:52 a.m. Sunday on Lockport Road, Alabama, by State Police.

March 15, 2018 - 12:23pm
posted by Howard B. Owens in crime, news, batavia.
hogesmugshotmarch2018.jpg
      Jonathan Hoges

Jonathan C. Hoges, 35, of Jackson Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Hoges is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions.

He was arrested on Jackson Street on Tuesday by members of the Task Force with assistance from Batavia PD.

Following arraignment, he was jailed without bail.

 

 

March 15, 2018 - 12:16pm
posted by Howard B. Owens in crime, news, Stafford, Alabama, Le Roy, notify.
mug2018lisasinclair.jpg
      Lisa Sinclair

Lisa Marie Sinclair, 43, of Myrtle Street, Le Roy, is charged with forgery, 2nd, and grand larceny, 3rd. Sinclair, employed by a company in Stafford, allegedly falsified checks on her employer's bank account, enabling her to steal more than $23,000. She was arraigned in Stafford Town Court and released under supervision of Genesee Justice.

Philip David Amedio, 18, of Hartland Road, Gasport, is charged with unlawful possession of marijuana. Amedio was charged following an investigation by Deputy Matthew Bailey of an accident on Bloomingdale Road, Alabama, at 3:18 a.m. Wednesday.

 

March 15, 2018 - 11:55am
posted by Howard B. Owens in crime, news, batavia, Le Roy, notify.
lancemercadomug2018.jpg
      Lance Mercado
freemanmug2018.jpg
     Mitchell Freeman

Among the 11 people arrested on drug sales charges over the past few weeks in Wyoming County were two Genesee County residents, according to arrest reports released today by the Wyoming County Drug Task Force.

Mitchell Freeman, 29, of Quinlan Road, Le Roy, was arrested Feb. 17, and charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 5th. Freeman is accused of selling buprenorphine in the Village of Attica in the fall. He was ordered held in the Wyoming County Jail.

Lance Mercado, 27, of Dellinger Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 4th, and two counts of criminal possession of a controlled substance, 5th. Mercado is accused of selling buprenorphine on two occasions in the fall in the Village of Attica. He was arrested Feb. 1 and jailed on $25,000 bail.

Wyoming County Sheriff Gregory J. Rudolph said the task for continues to seek several other suspects on drug indictment warrants and that his office will continue to do its part to help fight the current drug epidemic.

“The Wyoming County Drug Task Force continues to diligently investigate in the enforcement piece of this drug epidemic," Rudolph said in a press release. "Enforcement will not combat addictions and intense treatment is needed to tackle that difficulty, however, we as a law enforcement community are all committed to investigating and arresting drug dealers who prey and profit from those addictions.

"It is also our hope that taking drug dealers off the street contributes to the prevention piece of this epidemic, particularly with our youth. Stemming the opioid crisis is a multi-prong approach and the Wyoming County Drug Task Force is resolved in doing our part.”

March 12, 2018 - 11:54am
posted by Howard B. Owens in crime, Le Roy, bergen, news, notify.

Joseph J. Cavico is indicted on counts of assault in the second degree, criminal possession of a weapon in the third degree, and menacing in the second degree. Cavico is accused of causing serious physical injury to another person by means of the use of a deadly weapon in the Town of Le Roy on Dec. 15. Cavico is accused of possessing a .357 magnum handgun with the serial number obliterated. He is accused of placing another person in reasonable fear of death or serious physical injury by displaying a deadly weapon in a menacing manner.

Joshua J. Bush is indicted on a count of rape in the first degree and two counts of rape in the third degree. Bush is accused of compelling a person to have sex Oct. 4 at a location in the Town of Bergen. He is accused of sex and oral sex with a person without that person's consent. 

Cindy M. Auberger is indicted on a count of felony DWI. Auberger is accused of driving drunk Oct. 29 in the Town of Bergen. Auberger has a prior DWI conviction in 2009.

March 12, 2018 - 11:35am
posted by Howard B. Owens in crime, news, notify, batavia, Stafford.

Keith E. Legge, 46, of South Main Street, Warsaw, aggravated harassment, 2nd. Legge is accused of sending numerous threats to multiple individuals via Facebook Messenger. He was arrested by deputies in Wyoming County on an arrest warrant and turned over to Batavia PD following an investigation. He was arraigned in City Court and jailed on bail.

Cynthia Lynne Wiseley, 55, of South Main Street, Batavia, is charged with harassment, 2nd. Wiseley was charged after allegedly pushing a coworker at their place of employment on Barrville Road, Elba.

Scott David Beswick, 44, of Pratt Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at stop sign. Beswick was stopped at 4:33 a.m. Sunday on Ellicott Street Road, Bethany, by Deputy James Stack.

Maurice Darnell Powell Jr., 22, of Roslyn Street, Buffalo, is charged with burglary, 2nd. Powell allegedly entered a residence at College Village and stole property.

Mary Susan Bryant, 54, of Letchworth Avenue, Greece, is charged with DWI, driving with a BAC of .08 or greater, speeding, and failure to notify DMV of address change. Bryant was stopped at 1:25 a.m. Sunday on Route 33, Stafford, by Deputy Mathew Clor.

Richard Dean McKague Jr., 27, of Main Street, Batavia, is charged with criminal contempt, 2nd. McKague is accused of violating a court order by being the presence of the protected party.

Katty L. Jackson, 21, of Summer Street, Buffalo, is charged with harassment, 2nd, and obstructing governmental administration. Jackson is accused of striking a person during a disturbance on Central Avenue, Batavia, at 11:38 p.m. Thursday and then striking a police officer.

Abdikadir U. Sabtow, 28, of Buffalo, is charged with rape, 3rd. Sabtow is accused of raping a person who was unable to consent. The alleged crime was reported at 11:01 p.m. Tuesday in the Town of Batavia and was investigated by State Police. No further details released.

March 10, 2018 - 5:02pm
posted by James Burns in batavia, news, crime.

_p7i2325.jpg

Police are in active pursuit of a vehicle in the City of Batavia.

The vehicle's last reported position was north on Route 98.

The car traveled down East Avenue. It was also pursued on North Avenue and Washington Avenue.

We do not have information on how the chase started.

UPDATE 5:02 p.m.: Sheriff's deputies have joined the pursuit. The car is now southbound on Ellicott Street and allegedly running red lights. State police are now involved.

UPDATE 5:07 p.m.: A roadblock is being established.

UPDATE 5:09 p.m.: The chase started with investigation of harassment charge. The driver of a pickup is in contact with the person that was allegedly harassed and said he was going to crash the truck.

UPDATE 5:11 p.m.: A subject has barricaded himself in home in Batavia Stafford. Police are talking to man through a locked door.

UPDATE 5:28 p.m.: The man who led the police on a high-speed chase up and down and around central Batavia is now in custody. Police have requested a medical transport so the man can be taken in to the hospital for mental evaluation.

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March 9, 2018 - 1:42pm
posted by Howard B. Owens in crime, news, notify, batavia.

A jury of 12 has found 26-year-old Anthony Spencer Jr. of Batavia guilty on all counts.

Spencer who goes by the nickname “Trouble” was on trial for the July 18th assault on East Main Street in Batavia that left the victim clinging to life, bleeding uncontrollably from his arm.

The jury reached their verdict at around 9:30 this morning after beginning deliberations at approximately 3 o’clock yesterday. Spencer was found guilty on count #1 of gang assault in the first degree and on count # 2 of assault in the first degree.

Co-defendant JW Hardy III, also known as “Dub” or “Dubs,” accepted a plea deal in December regarding the incident. He was ultimately sentenced to 10 years in prison.

Spencer’s trial began at the beginning of this week with jury deliberations extending to this morning.

District Attorney Lawrence Friedman called an 18-year-old witness to testify as a witness of the assault who identified Spencer as one of the attackers.

She testified that the suspects were getting into a verbal altercation with the victim, threatening him to make a payment or something would happen to him or his friend.

She said the victim went inside his residence and came out wielding a knife, then threatened other people in the area including her briefly.

A group of around 15 people gathered in the area.

Somehow co-defendant JW “Dubs” Hardy allegedly obtained the knife from the victim and soon the group turned the tables on the victim and began chasing and beating him up and down the street.

The witness said that Spencer hit the victim in the head with a cooking pot with full force several times.

A dented cooking pot with a broken handle was submitted as evidence that the item was used with great force. The cooking pot was located at the scene and the handle was found on Swan Street in between the scene and where Spencer was picked up at 218 Ellicott St.

There was black and white surveillance video submitted into evidence in which Spencer is identified by the witness.

Defense Attorney Frederick Rarick argued that the testimony of the witness was suspect because she had only just met the suspect earlier that evening and that she was protecting other members of her group that he alleged were involved in the assault.

He questioned her ability to accurately recall the event because she admitted to drinking and smoking pot the night of the assault.

Rarick also noted in cross-examination of both Genesee County Sheriff’s Deputy Kevin Forsyth and Batavia Police Detective Thaddeus Mart that they observed no blood on Spencer’s clothing when he was taken into custody the night of the assault.

DA Friedman argued the lack of blood on Spencer’s clothing proved nothing.

Spencer is scheduled for sentencing on April 6th at 9:15 a.m. and following a request by the DA, was ordered to be held without bail pending sentencing.

The investigation into the incident still continues as there were other alleged suspects involved who fled the scene.

Via our news partner, WBTA

March 8, 2018 - 11:31am
posted by Howard B. Owens in crime, Le Roy, news, notify.

A 16-year-old Le Roy HS student has been charged with making terroristic threats following an incident at the school yesterday where the student threatened to shoot people.

The youth was jailed on $10,000 bail

The Sheriff's Office received a call at 3:15 p.m. yesterday after school officials reported a student had made the threats.

An investigation revealed the male student who was charged was involved in a confrontation with several other students in a hallway and allegedly made the threat during the confrontation.

No weapons were displayed and no weapons were located.

There were no injuries.

The charge is a Class D felony.

From the press release:

The Sheriff's Office commends the school's administration and staff for their quick notification and assistance during the investigation and reminds citizens that we have a 'no tolerance policy' for any violence or threats of violence directed at anyone in or about school.

March 7, 2018 - 4:13pm
posted by Howard B. Owens in crime, Le Roy, news, notify, batavia, corfu.

Amy M. Page, 32, of North Road, Scottsville, is charged with felony DWI and three counts of endangering the welfare of a child. Page was stopped by Le Roy PD on March 4 after a caller, who followed a vehicle on Route 5 from Stafford, reported a vehicle almost hit two vehicles, drove in the wrong lane and went off the road numerous times. Page is accused of driving with a BAC of .18 or greater with three children in the vehicle. She was jailed on $2,500 bail and issued a full stay away order of protection for the children.

Jeffrey Ellinwood, 58, of East Main Road, Le Roy, is charged with DWI and other traffic offenses. Ellinwood was stopped Feb. 26 in the Village of Le Roy by Le Roy PD. He is accused of driving with BAC of .18 or greater.

Danielle Derenzo, 53, of Hartshorn Road, Corfu, is charged with aggravated unlicensed operation, suspended registration, and driving without insurance. Derenzo was stopped Feb. 27 in the Village of Le Roy by Le Roy PD.

Chad Giesler, 34, of Barks Road, Caledonia, is charged with DWI, and other traffic offenses. Giesler was stopped March 1 in the Village of Le Roy by Le Roy PD.

Phoenix Webb, 18, of County Route 37, Central Square, is charged with misdemeanor criminal possession of marijuana, 4th. During a traffic stop in the the Village of Le Roy on March 3 a police officer smelled the odor of burnt marijuana. During a subsequent search of the vehicle, Webb was found in possession of more than two ounces of marijuana. He was jailed on $500 bail.

Felix Cabreralopez, 65, of Emerson Street, Rochester, is charged with aggravated unlicensed operation, 1st, and uninspected vehicle. Cabreralopez was stopped at 8:51 p.m. Tuesday on South Lake Avenue, Bergen, by Deputy James Stack. He allegedly had his privileges revoked or suspended 10 times on 10 different dates. He was released under supervision of Genesee Justice.

Danielle Renee Tooley, 33, of South Main Street, Batavia, is charged with bail jumping, 3rd. Tooley is accused of missing a scheduled court appearance.

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