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crime

February 2, 2015 - 9:55am
posted by Howard B. Owens in batavia, crime, pembroke, corfu.

Cindy L. Bush, 52, of Oak Orchard Road, Batavia, is charged with forgery, 2nd, possession of a forged instrument, 2nd, and conspiracy, 5th. Bush allegedly forged the signature of another person on a check issued by DSS. Bush allegedly conspired with another person in the forgery.

Doris L. Mayl, 62, of Manhatten Avenue, Batavia, is charged with possession of a forged instrument, 2nd, conspiracy, 5th, and petit larceny. Mayl allegedly possessed and cashed a check issued to another person by DSS. Mayl allegedly conspired with another person in the scheme.

Jessica Leeann Bovier, 18, of Pratt Road, Batavia, is charged with unlawful possession of marijuana and speeding (59 in a 45 mph zone). A 17-year-old passenger resident of Genesee Street, Pembroke, was also charged with unlawful possession of marijuana. Bovier was stopped at 12:13 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Byron R. Lee, 48, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear on an attempted petit larceny charge. Lee turned himself in and posted $150 bail.

Sarah M. Wilson, 30, of Hutchins Street, Batavia, is charged with harassment, 2nd, two counts of reckless endangerment and one count of endangering the welfare of a child. While a passenger in a moving vehicle, Wilson allegedly hit the driver in the face. A 3-month-old child was in the vehicle at the time of the alleged incident. Wilson was jailed on $1,000 bail.

Christina A.M. Deluna, 34, of Liberty Street, Batavia, was arrested for alleged failure to appear on a ticket for aggravated unlicensed operation, 3rd. Deluna was taken into custody at the Monroe County Jail. Following arraignment, Deluna was released on her own recognizance. 

Jordan M. Briggs, 27, of West Main Street, Batavia, is charged with harassment, 2nd, and trespass. Briggs was allegedly in an establishment on West Main Street after being told to leave. He allegedly struck another person while being escorted from the property. 

Steven A. Hill, 44, of Star Street, Medina, is charged with criminal contempt, 2nd. Hill turned himself in on a warrant. He allegedly left a voice mail on the phone of a person who was protected by court order. 

Heather Lynn Draper, 25, of East Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a trespass charge. Draper turned herself in and was released on her own recognizance.

Brian K. Laird, 20, of Wallace Street, Batavia, is charged with criminal trespass, 2nd. Laird allegedly entered a location on Oak Street through a window after being told he was no longer welcome at that location.

Jessica M. Pfenninger, 32, of Batavia, is charged with petit larceny. Pfenninger is accused of stealing from Kmart.

Matthew M. Mahaney, 33, of Corfu, is charged with DWI. Mahaney was stopped by State Police at 10:19 p.m. Thursday on Knapp Road, Pembroke.

January 31, 2015 - 9:42am
posted by Howard B. Owens in batavia, crime, Le Roy, corfu.

Daniel J. Saeva Sr., is indicted on one count of second-degree strangulation and three counts of endangering the welfare of a child. Saeva is accused of intentionally impeding the normal breathing or blood circulation of another person by applying pressure to the throat or neck, causing stupor or loss of consciousness. Saeva allegedly choked a 10-year-old child Dec. 12 in the City of Batavia.

Joseph R. Kress is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kress was allegedly driving drunk Sep. 1 in the Village of Corfu. He's accused of having a prior DWI conviction in January, 2011.

Eric L. Jamalkowski is indicted on counts of aggravated unlicensed operation, 1st degree, and bail jumping. Jamalkowski is accused of driving March 22 in the Town of Le Roy while knowing his driving privileges were suspended or revoked. He allegedly had 10 suspensions on his license at the time going back to 2007. Upon his arrest March 22, Jamalkowski was released from custody and allegedly failed to appear for a subsequent court date.

Rion J. Pawlak is indicted on four counts of falsifying business records, 1st, and two counts of petit larceny. Pawlak is accused of submitting false claims for reimbursement on business-related purchase to his employer in the Town of Le Roy on four separate occasions in the amounts of $78.30, $57.30, $102 and $98.76. He's also accused of stealing an umbrella.

January 30, 2015 - 11:50am
posted by Howard B. Owens in batavia, crime.
Mark Maltese

The defense challenged the confessions of 44-year-old Mark Maltese to a series of robberies and a burglary in 2013; a jury yesterday found the Batavia resident guilty on all but one count on the indictment against him.

The jury went into deliberations shortly after noon Thursday, returned to the courtroom a couple of times to review video evidence and have transcripts read back, and then returned the verdict at about 4 p.m.

"Obviously, the key to the case is the defendant's confessions," said District Attorney Lawrence Friedman. "That's obviously the most powerful evidence we can have."

Maltese was found guilty of three counts of robbery, one count of third-degree burglary and second-degree criminal mischief and one count of grand larceny, 3rd.

A not guilty verdict was returned on one count of burglary.

The participation of Maltese in a burglary Nov. 27, 2013, of the Rent-A-Center in Batavia led to his arrest and helped investigators crack the case of three hotel robberies in Genesee County in the week prior to the burglary.

In confessions at the time of his arrest, Maltese told police he robbed the hotels because he needed money to buy crack cocaine. 

"I have been struggling with a major addiction to crack cocaine for about the past six or eight months," Maltese said. "This addiction has consumed me and the majority of my money goes to buy crack to feed by addiction. My crack use got way out of control and I didn't know how to stop or slow down with smoking it. I became desperate for money so that I could get more crack cocaine, so I turned to robbing places to get the money I needed for crack. Every bit of the proceeds from the three robberies went to buy crack for me to smoke. I was out of control with my addiction and didn't know where to turn."

Friedman said the defense challenged whether the confession was truly voluntary as well as some of the facts contained in the confession.

Maltese was also convicted of stealing a safe from a local residence, but he was not convicted of the burglary charge in that case.

Maltese faces up to 15 years in prison on each robbery count. Sentencing is set for March 4.

January 30, 2015 - 11:00am
posted by Howard B. Owens in crime, STOP-DWI.

Press release:

The New York State Police will join local law enforcement agencies across the state in an effort to crack down on impaired driving during Super Bowl weekend. The STOP-DWI campaign will include increased patrols on the roadways and sobriety checkpoints to deter, identify and arrest impaired drivers.

While STOP-DWI efforts across New York have led to significant reductions in the number of drinking and driving fatalities, still too many lives are being lost because of crashes caused by impaired drivers. During the 2014 campaign, State Police made nearly 100 impaired driving arrests. The campaign will be promoted on variable message boards on highways across the state, including the New York State Thruway, and runs from noon through midnight on Super Bowl Sunday. The enforcement crackdown is funded by the Governor's Traffic Safety Committee.

Troop A Troop Commander Major Michael Cerretto said “We want everyone to enjoy the Super Bowl game and parties, however we would also like to ask them to be responsible, have designated drivers or plans to get home safely. We will be out patrolling the roadways and highways ensuring that they are safe for everyone to use."

An impaired driving conviction carries a maximum fine of $10,000, up to seven years in prison and license revocation.

In 2012, there were 10,322 people killed in alcohol-impaired-driving crashes in the United States — 31 percent of all crash fatalities in the nation.

January 28, 2015 - 2:58pm
posted by Howard B. Owens in batavia, crime, Le Roy, Stafford.

Carolina M. Frias, 34, of West Main Street, Batavia, is charged with four counts of endangering the welfare of a child and criminal nuisance. Frias is accused of providing alcohol to four juveniles at her residence.

Kimberly A. Brodsky, 23, of Elm Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic ticket. Brodsky turned herself in to Batavia PD. Brodsky's mother posted $250 bail.

Marene A. Donnelly, 29, of Oak Orchard East, Albion, was arrested on a warrant for allegedly parking after hours on city streets. She turned herself in to Batavia PD.

Kelly A. Kasper, 44, of Dellinger Avenue, Batavia, is charged with endangering the welfare of a child. Kasper is accused of causing pain to a child during a domestic incident. She was jailed on $3,000 bail.

Kurt Wayne Tripp, 58, of Bernd Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and refusal to take breath test. Tripp was arrested following a report of a vehicle on fire in a field at 7:53 p.m. Monday on Buckley Road, Stafford. It's alleged that Tripp drove a 2006 Chevrolet pickup while intoxicated when it travelled off the west shoulder of the road and eventually caught fire.

January 28, 2015 - 2:46pm
posted by Howard B. Owens in batavia, crime, byron, Pavilion, bergen.
Joshua Baltz

A pair of investigations by the Local Drug Task Force has led to the arrest of two men, one accused of selling a controlled substance, the other of selling marijuana.

Busted were Joshua L. Baltz, 38, of Wood Street, Batavia, and Mark A. Knickerbocker, 17, of Route 262 in Byron.

Baltz allegedly sold a quantity of suboxone to an undercover agent on three separate occasions, once in Pavilion and twice in the City. 

He is charged with criminal sale of a controlled substance, 4th, a Class C felony.

Knickerbocker is accused of selling marijuana to a person under age 18 while in the Town of Bergen in May.

He is charged with criminal sale of marijuana, 2nd, a Class D felony.

The task force was assisted by the District Attorney's Office, uniformed deputies and Batavia PD.

January 27, 2015 - 7:56pm
posted by Howard B. Owens in batavia, crime, Baby Chandler.
Jacquelyn Deats

The Batavia woman who at one time thought she was the grandmother of a baby who died while reportedly in her son's care should have the criminal charge against her dismissed, her attorney will argue in a series of motions that will be filed March 3.

Jacquelyn Deats is charged with endangering the welfare of a child, under the theory that she took no action to seek medical attention for 6-month-old Chandler Zuchs before he died Dec. 10.

Court documents that were available at the time -- and have since been sealed -- contained statements by Jacquelyn Deats and her son Jeffrey Deats that seem to indicate the once-presumed grandmother was alone with Baby Chandler and noticed something wrong, but didn't call for an ambulance.

When Jeffrey Deats came downstairs that morning, he found Baby Chandler unresponsive. It was then that 9-1-1 was called.

Baby Chandler, according to later medical examiner reports, died of brain injuries.

Jeffrey Deats, who seems to have believed he fathered Chandler with Michelle Zuchs (aka Michelle Denise), was charged with manslaughter.

In Facebook and Twitter posts, prior to Chandler's death, he displayed a good deal of pride and affection for little Chandler.

While confined to the Genesee County Jail, Deats learned he wasn't Chandler's father.

A week after Chandler's death, Deats attempted to hang himself in his cell with bedsheets. He later died at ECMC.

Jacquelyn Deats appeared in court today with her attorney Thomas Burns and entered a not guilty plea to the charge of endangering the welfare of a child.

Burns, always aggressive on behalf of his clients, plans to file several motions aimed at either getting the charges dismissed or his client's statements surpressed.

Outside of court, Burns said he plans to challenge the legal sufficiency of the charge as well as bring a motion to dismiss the charge in the interest of justice.

A dismissal in the interest of justice has legal precedent and is predicated on a series of legal tests the judge must consider. 

"The case meets all the criteria for dismissal," Burns said. "(The motion) doesn't necessarily look at the merits of the case, but at the person's background, culpability, lack of criminal record, lack of a drug problem, factors such as no need for rehabilitation, no protection of the community issues. You put it all together and argue that the charge should be dismissed."

Burns has yet to see any evidence in the case, which could also be a factor in his series of motions.

With the Jeffrey Deats case sealed, it's unclear if Burns will have access to the medical records and police reports.

The case was sealed by Judge Robert Balbick under New York Law that requires cases to be sealed when a criminal case is resolved in the defendant's favor. With the death of Jeffrey Deats, the charges against him were dismissed.

January 26, 2015 - 11:06am
posted by Howard B. Owens in batavia, crime, elba, Oakfield, byron, Pavilion, corfu.

Julian Munoz, 63, of Transit Road, Elba, and Carmelina Chavez, 47, of Drake Street, Oakfield, are charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Munoz and Chavez, brother and sister, allegedly choked and pushed a victim down a flight of stairs. 

Heather Jaye Interlicchia, 55, of Ramona Street, Rochester, is charged with possession of more than 400 untaxed cigarettes. Interlicchia was stopped for an alleged traffic violation at 12:08 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Windfield L. Marshall, 44, of Lake Street, Le Roy, was arrested on a warrant for alleged failure to pay fine on a parking violation. Marshall turned himself in and posted $25 bail.

Khadijah Azizza Davis, 23, of Arnett Boulevard, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, unlicensed driver and speeding in zone. Davis was stopped at 11:49 p.m. Wednesday on Clinton Street, Batavia, by Officer Jason Davis, for allegedly driving 47 in a 30 mph zone. Davis was jailed on $1,000 bail.

Kasean L. Shannon, 22, of Hutchins Street, Batavia, is charged with unlawful possession of marijuana. Shannon was allegedly found in possession of marijuana during police contact with Officer Marc Lawrence while on Washington Avenue at 1:37 p.m. Wednesday.

Chana J. Mitchell, 22, of Prospect Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Mitchell turned himself in and jailed on $200 bail.

Joseph Michael Marceill, 47, of Pringle Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a driving while registration suspended or revoked charge. Marceill turned himself in, was arraigned and released on his own recognizance. 

Cynthia C. Richardson, 35, of Maple Street, Batavia, is charged with a curfew violation. Richardson was arrested after police responded to a report of a fight at 1:29 a.m. Saturday on Court Street. Richardson's 14-year-old son was allegedly located on Evans Street near Ellicott Street at 1:34 a.m.

Donna A. Cocoran, 41, of St. Mary's Street, Pavilion, is charged with DWI, aggravated DWI, aggravated unlicensed operation, 3rd, and suspended registration. Cocoran was stopped at 12:49 p.m. on Elm Street, Batavia, by Officer Eric Foels.

Samuel J. Barber, 20, of Bank Street, Batavia, is charged with unlawful possession of alcohol under age 21. Barber was arrested following a complaint of a party at 12:32 a.m. Sunday on Bank Street, Batavia. Barber was allegedly hosting the party along with two other individuals. Also charged were Abdullah B. Diallo, 19, of Bank Street, Batavia, and Seanmichael G. Kidder, 19, of Bank Street, Batavia.

Robert Jean Jackson, 38, of Albert Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, speeding in zone and failure to change address on license. Jackson was stopped at 1:17 a.m., Saturday, on Main Street, Oakfield, by Deputy Joseph Corona.

Justin L. Sanders, 23, of Byron, is charged with grand larceny, 3rd. Sanders was arrested by State Police and jailed on an unspecified bail. No further information released.

Allison A. Sobczak, 23, of Batavia, is charged with DWI and aggravated DWI. Sobczak was stopped at 11:02 a.m. Friday in the Town of Batavia by State Police.

UPDATE: Later today, State Police put out a press release on Sobczak's arrest.  Here's a portion of it:

Sobczak arrived to the Batavia barracks to file a complaint when Troopers smelled an odor of alcoholic beverage coming from her. After her verbal admission that she drove to the barracks, she was detained for a DWI investigation. After Sobczak failed the Standardized Field Sobriety Tests, she was placed under arrest for DWI. 

Sobczak was arrested and escorted back to the patrol room where she registered a BAC of .24%. She was issued citations returnable to the Town of Batavia Court on January 29, 2015.

Katrina M. Jones, 46, of Buffalo, is charged with conspiracy, 5th, and grand larceny, 4th. Jones was arrested by State Police and held on an unspecified bail. No further information released.

Christopher F. Bragg, 29, of Corfu, is charged with grand larceny, 3rd, and scheme to defraud, 2nd. Bragg was arrested by State Police. No further information released.

January 22, 2015 - 11:56am
posted by Howard B. Owens in crime, Le Roy.
Lauren Charache Duane Charache

Two people have been arrested in connection with a series of vehicle thefts in Le Roy, but the arrests only potentially solve two of the crimes, according to Le Roy PD.

Lauren E. Charache, 35, and Duane J. Charache, 31, both of 115 Myrtle St., Le Roy, are charged with criminal possession of stolen property, 3rd, two counts of criminal possession of stolen property, 4th, and one count of criminal mischief, 4th.

Batavia PD first arrested Lauren Charache on Jan. 8 after she was allegedly found in possession of a stolen vehicle. She was charged in Batavia of criminal possession of stolen property, 2nd.

Le Roy investigators say Lauren possessed the same vehicle on that same day in the Village of Le Roy, leading to another criminal possession of stolen property charge.

Both Duane and Lauren possessed one of the vehicles, police say, and it was allegedly damaged through reckless use. The value of the damage exceeds $250.

A third vehicle theft remains under investigation.

Lauren was jailed on $10,000 bail and Duane was released under supervision of Genesee Justice.

January 22, 2015 - 11:52am
posted by Billie Owens in batavia, crime.

A "physical disturbance" is reported by a passerby in the parking lot of the convenience store at 505 E. Main St. in the city. A hispanic female and several black males are allegedly involved. Police are responding.

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.

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