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January 29, 2016 - 12:01pm
posted by Howard B. Owens in crime, Le Roy.

Le Roy PD reports a series of thefts from unlocked vehicles during the night and early morning hours in the area of Munson and Gilbert streets. The pattern began about Dec. 15 and has continued. Multiple cars have been entered and items stolen. Le Roy PD reminds people to lock their vehicles and call 9-1-1 immediately if a suspicious person is seen.

Andrea Harrington, 22, of Pleasant Street, Le Roy, is charged with endangering the welfare of a child. Harrington was by a Le Roy police officer allegedly walking with an unsteady gate and apparently intoxicated at 4:44 p.m. Jan. 25 on Bacon Street while carrying a 2-year-old child.

January 28, 2016 - 7:58am
posted by Howard B. Owens in crime, batavia.

Kelly M. Howell, 30, of Otis Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Howell allegedly sold a quantity of Vyvanse (lisdexamfetamine dimesylate, which is used to treat ADHD and binge-eating disorder) to an agent of the Local Drug Task Force while in the City of Batavia. Howell turned herself in to task force officers Tuesday. She was jailed on $2,500 bail.

Lena M. Evans, 28, of Vine Street, Batavia, is charged with two counts of criminal possession of controlled substance, 7th, and one count of criminal possession of a hypodermic instrument. Evans was located Monday on Jackson Street, Batavia, by officers of the Task Force, and allegedly found in possession of alprazolam, burprenorphine HCL pills and hypodermic needles. Evans was issued an appearance ticket and released.

January 27, 2016 - 1:22pm
posted by Billie Owens in crime, batavia, Darien, Le Roy, alexander.

Philip R. Ayala 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 July 9 in the City of Batavia that Ayala knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, the defendant is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug and these preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more.

Robert B. Hansen III is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between Feb. 15, 2013, and June 16, 2014, in the Town of Darien Hansen stole property with a value exceeding $3,000. He is accused of stealing $38,353.56 in U.S. currency. In count two, he is accused of committing the crime of second-degree forgery, also a Class D felony, on Feb. 6, 2014, in the City of Batavia, with the intent to defraud, deceive or injure another, by falsely making, completing or altering a written instrument which was to become public record or legally authorized.

Justin G. Parsons is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Nov. 19 in the Town of Alexander that Parsons drove a 2011 Chevrolet pickup on Route 20 and/or Brookville Road while in an intoxicated condition. In count two, the defendant is accused of the crime of aggravated driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time.

Jose Sanabria-Lozada is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Oct. 2 in the Village of Le Roy that Sanabria-Lozada drove a 2000 Ford pickup truck while in an intoxicated condition. In count two, the defendant is accused of driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

January 27, 2016 - 9:48am
posted by Billie Owens in crime, batavia.

brookaveincjan272016.jpg

A person allegedly poured gasoline on a vehicle at 22 Brooklyn Ave. and allegedly caused other damage has a gun. City police are responding and Mercy medics are told to stage in the area.

UPDATE 10:29 a.m.: "Right now we're in the real early stages of investigating a call that came in (about) 10 o'clock this morning that someone poured gasoline on a vehicle and had a gun. We came down here and set up a perimeter," said Det. Richard Schauf. "No one we've talked to has seen a gun. ... We immediately called the school and told them not to let anyone leave. We cleared the house and separated the parties involved. We had the fire department and medics on standby." A K-9 officer happened to be in the area at the time of the call and responded, although he was not specifically requested. Schauf said there was evidence that gasoline was poured on a vehicle and the fire department cleaned it up. The detective said a total of four people are being interviewed about this incident. No one was injured. No one is currently under arrest, although he didn't rule out the possibility of someone being charged. He said they cleared the house and went in thinking there might be weapons; there were none. Dogs inside were contained by a resident. As to the purported gun, it seems to be a case of someone heard someone say someone had a gun but nothing more than that. The motivation for pouring gas on the vehicle has not yet been determined.

UPDATE 1:48 p.m.: City police just issued a press release about this morning's incident at 22 Brooklyn Ave. Two people have been charged in the case. Thomas A. Culver, 37, who lives at that address, is charged with two counts of second-degree menacing, and one count of second-degree reckless endangerment. Raquel D. Duval, 27, no address provided, of Rochester, is charged with one count of second-degree criminal trespass. The details: "The police dispatch was notified via 9-1-1 by a female occupant of 22 Brooklyn Ave. that there was a female at the residence who did not belong there and was refusing to leave. The female refusing to leave was later learned to be Raquel Duval. Information continued to be received as police were being dispatched that Thomas Culver, a resident of 22 Brooklyn Ave., was pouring gasoline on what was later learned to be Duval’s vehicle, which was parked in the road in front of the house. Reports were that Culver was threatening to light the car on fire. As Police units arrived more information was relayed from police dispatch that Culver may be in possession of a gun. The Batavia Police with the assistance of the Genesee County Sheriff’s Office and NYS Troopers coordinated a perimeter around 22 Brooklyn Ave.. The Business Agri Child Development Center located near the scene was placed into a lock down condition. City of Batavia Fire Dept. and Mercy Medics were placed on standby and staged in the area. Police contact was made with an occupant of 22 Brooklyn who followed police directions to have persons in the house leave one at a time and be secured to determine the facts of the incident. The house was then checked for any unknown persons or weapons. As a result of the investigation it was determined that, Duval and Culver had an outstanding financial situation which Duval was attempting to resolve when Culver did display what appeared to be a handgun, which later turned out to be a BB gun that replicated an actual gun, he then proceeded to pour what appeared to be a flammable liquid on her car and threatened to burn her and the car when she would not leave the house."

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January 27, 2016 - 7:57am
posted by Howard B. Owens in crime, batavia.

A caller on East Main Street, Batavia, reports hearing a noise this morning and when he went outside some time later, he found a brick and a broken window on his house and a broken window on a vehicle.

Police are responding to take a report.

January 27, 2016 - 7:23am
posted by Howard B. Owens in crime, batavia.

Rachel C. Marks, 25, of Heritage Street, Albion, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Marks was allegedly observed by Officer Matthew Wojtaszczyk at 1:37 a.m. Jan. 23 on West Main Street, Batavia, backing into another vehicle and striking it.

Derek Ernest Dingman, 28, of Porter Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, drinking alcohol in a motor vehicle on a highway. Porter was stopped at 1:17 p.m. Tuesday on West Main Street, Batavia, by Deputy Joseph Corona.

Shentelle Christine Gagnon, 25, of East Avenue, Brockport, is charged with promoting prison contraband, 1st, criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. Gagnon is accused of bringing drugs and drug paraphernalia into the Genesee County Jail.

Gregory A. Emerson, 33, of Park Road, Batavia, was arrested on a warrant for alleged failure to comply with instructions of Genesee Justice, failure to appear and failure to pay fine. The charges stem from a DWI conviction in 2014. Emerson was released on his own recognizance.

Roseann Cooper, 46, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear and failure to pay a fine. Cooper was originally convicted of petit larceny. She was released on her own recognizance.

Matthew R. Hinze, 25, of Ellicott Avenue, Batavia, is charged with unlawful possession of marijuana and uninspected motor vehicle. Hinze was stopped for an alleged uninspected vehicle violation at 10:40 a.m. Tuesday on Court Street, Batavia, by Officer James DeFreze, who reported seeing drug paraphernalia in the vehicle and subsequently found a quantity of marijuana on the person of Hinze.

January 26, 2016 - 12:36pm
posted by Howard B. Owens in crime, batavia, Le Roy.
mug_wentworth_noel2016.jpg
    Noel Wentworth

A 46-year-old Pringle Avenue resident has been arrested by Le Roy PD, accused of stealing five checks from an acquaintance, forging her name and cashing them at a local bank.

Noel M. Wentworth is charged with five counts of criminal possession of a forged instrument, 2nd, one court of criminal possession of stolen property, 4th, and two counts of petit larceny. 

Wentworth allegedly took the checks in June while staying with the acquaintance.

In July, Wentworth alleged possessed a credit card belonging to the same person and used the card to withdraw money from the bank.

The petit larceny charges stem from the cash Wentworth allegedly received from the bank.

Following arraignment, Wentworth was released under supervision of Genesee Justice.

January 26, 2016 - 6:22am
posted by Howard B. Owens in crime, Alabama.

Ashly Marie Majchrzak, 26, of Pittsford Street, Rochester, is charged with possession or transport for sale of untaxed cigarettes, unlawful possession of marijuana and no seatbelt. Majchrzak was stopped at 11:28 a.m. Monday on Route 77, Alabama, by Deputy Joseph Corona for allegedly not wearing a seatbelt. She was allegedly found in possesion of 1,400 untaxed cigarettes and a quantity of marijuana.

January 25, 2016 - 3:15pm
posted by Howard B. Owens in crime, pembroke, corfu, scott doll.
   File Photo: Scott Doll

The attorney handling the murder conviction appeal of Scott F. Doll is asking for a hearing on why a Monroe County medical examiner testified during Doll's trial that fingernail clippings were taken and retained from the victim, Joseph Benaquist, when they were not.

Timothy Murphy argued his motion today in Superior Court, but presiding judge Michael F. Pieturszka was full of skeptical questions. 

Repeatedly, in various ways, Pieturszka asked Murphy what would be gained by a hearing when it's already known that the evidence doesn't exist. A hearing isn't going to suddenly produce the evidence, the judge noted.

Murphy argued that is presumably in the best interest of the court to find out why the trial judge -- Robert C. Noonan -- was misled about the existence of the fingernail clippings. Murphy also repeatedly stated that he didn't blame the DA's Office for the missing evidence, but he thinks the ME's Office should explain the now clearly false testimony that the evidence was collected.

At the time of trial, neither the DA nor the defense, led by Paul Cambria, requested DNA evidence from the fingernail clippings. The lack of the evidence was only discovered after Judge Robert C. Noonan, now retired, ordered the Monroe County ME's Office produce it.

Scott LaPoint, a deputy ME, testified in Doll's trial that the evidence is routinely collected and that it was collected in this instance.

Pieturszka asked what the pratical result of a hearing might be since a hearing wouldn't make evidence appear that didn't exist.

"The court is entitled to know why an order was not enforced and fully enforced," Murphy said, arguing that it was in the best interest of the court to find out why false testimony was given and why the ME's Office wasn't able to satisfactorily produce evidence Noonan ordered produced.

The fact that there may have been a third person's DNA at the scene of the crime, on Benaquist's left boot, made the inquiry all the more important, Murphy asserted, but Pieturszka asked whether even that fact was relevant without any idea of how the DNA came to be introduced into the crime scene.

It's an incomplete DNA sample, so a third person cannot be identified with it. There's no indication that, if there was a third person present, it was at the time Benaquist was killed, or if it was on Benaquist's boot prior to the attack, or if it accidently came from an investigator after the fact.

ADA Will Zickl argued that even if Murphy's request had merit, it wasn't related to the motion presently before the court. Zickl said Murphy could bring a new motion to uncover the information he seeks, but the fact that the evidence doesn't exist and can't be produced ends the original motion that prompted the discovery of the mistake.

Murphy also wants hair samples from Benaquist subjected to DNA testing to see if any third-party DNA might be found. But Zickl argued that it was such a bloody crime scene and the hair was covered so thoroughly with Benaquist's blood, there is nothing to be gained by another round of tests.

"The pulled hair samples are not worth the trouble it would take the lab to test it in light of the circumstances," Zickl said.

Pieturszka is reserving his decision until a later date. He gave Murphy two weeks to file a memo supporting his position, and Zickl two weeks after that to produce an answering memo.

Previously: DNA sample can't be matched to 2009 murder victim, nor the man convicted of killing him

Forl all previous coverage of the Scott Doll case, click here.

January 25, 2016 - 6:37am
posted by Howard B. Owens in crime, batavia, Le Roy, pembroke, bergen.

Philip Michael Molina Sr., 30, of Slade Road, Medina, is charged with criminal possession of a weapon, 3rd, and aggravated unlicensed operation of motor vehicle, 2nd. Molina was arrested following an investigation into a shoplifting complaint at Walmart involving a female companion. Molina was allegedly found in possession of metal knuckles and driving on a suspended driver's license. He was jailed on $15,000 bail or $30,000 bond.

Thomas C. Williamee, 45, of Clay St, Le Roy, is charged with petit larceny. Williamee is accused of shoplifting from Tops Market in Le Roy. He allegedly stole $8.11 in merchandise.

William A. Andrews III, 36, no permanent address, Batavia, was arrested on a warrant for alleged aggravated criminal contempt. Andrews allegedly violated a complete stay away order of protection. He is accused of punching the protected party in the face at 1:55 a.m. Aug. 23 while on West Main Street, Batavia.  Andrews charged with another count of aggravated criminal contempt for allegedly being with the protected party at the time of his arrest at 11:23 a.m. Friday. He was jailed on $10,000 bail.

Justin T. Pahl, 31, of Perry Road, Le Roy, is charged with endangering the welfare of a child. Pahl allegedly punched out a window during an incident reported at 8:30 a.m. Friday at a location on Thomas Avenue, Batavia, causing shards of glass to scatter in a room where there were two children, ages 2 and 6.

Amanda R. McDonald, 34, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to pay restitution stemming from a December 2013 incident. McDonald was arraigned and released on her own recognizance with the balance due on her restitution by her next court appearance, March 24.

J'Shon K. Naegely, 19, of Montclair Avenue, Batavia, is charged with criminal possession of stolen property, 5th. Naegely is accused of possessing and selling a video game console and video games that did not belong to him.

Allison Josephine Minnick, 22, of Maple Ridge Road, Medina, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, speed not reasonable and prudent. Minnick was arrested following an investigation by Deputy Chad Cummings into a motor-vehicle accident reported at 5:16 a.m. Saturday on Route 262, Byron.

A 17-year-old resident of Judge Road, Alabama, is charged with aggravated harassment, 2nd. The teen allegedly sent threatening text messages to a female victim causing annoyance and alarm. 

Cheryl A. Baker, 32, of Rochester, is charged with forgery, 2nd, falsifying business records, offering for file a false instrument, criminal impersonation, 2nd, and driving on a suspended registration. Baker was arrested by State Police for alleged criminal activity in the Town of Pembroke. She was jailed on $15,000 bail. No further information available at this time.

Matthew D. Chojnacki, 80, of Akron, is charged with DWI. Chojnacki was stopped at 1:23 p.m. Friday on Route 33, Bergen, by State Police.

January 22, 2016 - 7:10am
posted by Howard B. Owens in crime, batavia, pembroke.
mug_roth_terry2016.jpg mug_hamill_michelle2016.jpg
     Terry Roth      Michelle Hamill

Terry M. Roth, 40, and Michelle Hamill, 48, both of Batavia, are charged with third-degree grand larceny. Roth is also charged with second-degree forgery. Hamill is accused of stealing a credit card from the wallet of an elderly victim who was under her care as a healthcare aide in the victim's residence. The victim is presently under 24-hour care. Roth, accompanied by Hamill, allegedly made $23,000 in unauthorized purchases in Genesee, Erie and Monroe counties. These alleged purchases were documented through surveillance video at the stores, according to State Police. Roth was jailed on $25,000 bail. Hamill was released under supervision of Genesee Justice.

Kyle Robert Ratulowski, 19, of Elenore Place, Batavia, is charged with petit larceny. Ratulowski is accused of shoplifting from Walmart.

Nicole Marie Capretto, 32, of Lewiston Road, Batavia, is charged with petit larceny. Capretto is accused of stealing $100 from the cash register of the Pembroke Arrow Mart along with a 12-pack of Bud Light beer.

Alissa Marie Eastridge, 18, of Summit Street, Batavia, is charged with petit larceny. Eastridge is accused of shoplifting from Walmart.

Ryan James Sundown, 35, of Meadville Road, Alabama, is charged with criminal mischief, 4th, criminal obstruction of breathing, endangering the welfare of a child, and resisting arrest. Sundown allegedly choked the victim, threw her phone to prevent her from calling for emergency assistance and attempted to leave the scene in his truck, striking another vehicle with his son in the backseat. Sundown was allegedly intoxicated.

January 21, 2016 - 10:22am
posted by Howard B. Owens in crime, batavia, Oakfield, Le Roy.

Josiah C. Yantz, 16, of North Main Street, Oakfield, is charged with third-degree rape. Yantz is accused of non-consensual sexual intercourse with a 14-year-old girl on two separate occasions. Yantz was arraigned and released under supervision of Genesee Justice.

Gregory P. Hamm-Johnson, 25, of Brookville Road, Alexander, is charged with felony driving while impaired by drugs, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, aggravated unlicensed operation, 3rd, uninspected motor vehicle, broken windshield and no driver headlamp. Hamm-Johnson was stopped at 4:12 p.m. Jan. 15 on Water Street, Village of Attica, by Officers James Prusak Jr. and Brian Marsceill. Hamm-Johnson was jailed on $2,500 bail or $5,000 bond.

Tonya Houseknecht, 33, of East Yates Center Road, Lyndonville, is charged with two counts of criminal sale of a controlled substance, 5th, and one count of criminal possession of a controlled substance, 5th. Houseknecht allegedly sold a quantity of lisedexamfetamine dimesylate to an agent of the Local Drug Task Force on two separate occasions. 

Christina M. Sakran, 32, of Kenilworth Terrace, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, ticket. Sakran was turned over to Batavia PD by the Orleans County Sheriff's Office. She was released on $300 police bail.

Gregory S. Yark, 51, no permanent address, Rochester, was arrested on a warrant for alleged failure to appear on a criminal possession of stolen property, 5th, charge. Yark was released on his own recognizance. He also faces charges of criminal possession of a hypodermic instrument and criminal use of drug paraphernalia.

Michael P. Murphy, 31, of State Street, Batavia, was arrested on a warrant for alleged failure to pay a fine on an overnight parking ticket. Murphy posted cash bail and was released.

Jeffrey M. Anauo, 28, of Main Street, Alexander, is charged with DWI, driving with a BAC of .08 or greater, three counts of driving drunk with a child in the car, aggravated unlicensed operation and following too closely. Anauo was reportedly involved in a motor-vehicle accident at 8:05 p.m. Sunday on Walnut Street, Batavia. Anauo was jailed without bail. The accident was investigated by officers Christopher Lindsay and Stephen Cronmiller.

Darryl Robinson, 52, of East Main Street, Batavia, is charged with harassment, 2nd. Robinson allegedly punched another person.

Eric M. Smith, 30, of Ross Street, Batavia, is charged with unauthorized use of a vehicle and petit larceny. Smith was arrested on a pair of warrants. Smith was jailed on an unspecified bail.

Jessica Lauren Ford, 24, of Perry Road, Le Roy, is charged with criminal contempt, 1st, a felony. During a traffic stop, Ford was allegedly found with a person in the car she was barred from contact with by court order. She was jailed on $5,000 bail.

January 21, 2016 - 9:32am
posted by Howard B. Owens in crime, batavia.

The owner of a former vapor shop in Batavia was sentenced in Federal Court yesterday to two years probation and six months home detention for selling counterfeit goods at his store.

Scott Scaccia, 34, of Rochester, owned A Plus Vapes & Deals on Ellicott Street until it was raided by federal authorities in April.

Investigators found that Scaccia was selling counterfeit tobacco vaporizers that were manufactured and distributed from China. Authorities said Scaccia obtained the merchandise from his brother in California and through a Chinese Web site.

Authorities seized 90 counterfeit vaporizers.

Photo: File photo.

January 19, 2016 - 11:30am
posted by Howard B. Owens in crime, Alabama, batavia, Stafford, Le Roy.
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Ingrid Crosson

Ingrid E. Crosson, 43, of South Wales, is charged with burglary, 2nd. Crosson is accused of entering a residence in Stafford and stealing a laptop, German air pistol, small pocketknife, three jars of coins, and a pillow case valued at more than $600. Crosson was identified through a note she left at the scene. Following arraignment in Town of Batavia Court, Crosson was released on her own recognizance.

Michele Anne Stamp, 51, of North Street, Batavia, is charged with DWI, driving with a BAC of .18 or more, speed not reasonable and prudent, and moving from lane unsafely. Stamp was involved in a motor-vehicle accident at 7:03 p.m. Sunday on Lewiston Road, Alabama. She was transported to the Genesee County Jail where she submitted to a chemical test. She allegedly tested for a BAC of .21. She was arrested by Deputy Andrew Hale.

Nicholas S. Gillett, 25, of Italy Valley Road, Middlesex, is charged with criminal possession of a weapon, 4th. Gillett was arrested as the result of an investigation in the Town of Bergen. He was allegedly found in possession of a rifle in violation of probation as a result of a felony conviction.

Andrew K. Wright, 25, of Main Street, Batavia, is charged with harassment, 2nd. Wright allegedly pushed a woman and struck her several times with a broom during an argument. He was jailed on $500 bail.

Timothy C. Pabone, 42, of Oak Street, Batavia, is charged with criminal possession of a weapon, 3rd, menacing, 2nd and DWI. Pabone was reportedly involved in an argument at 12:38 p.m. Saturday at 220 W. Main St., Batavia, over where a vehicle was parked. Pabone allegedly brandished a knife and threatened another person. He then allegedly tried to flee the scene in a vehicle, driving through a back yard and over the parkway. He was also charged with unlicensed operator, aggravated unlicensed operation, 2nd, failure to stop at stop sign, failure to keep right, unregistered motor vehicle, driving without insurance, switched plates, and improper registration sticker. Pabone was jailed without bail.

Nicholas Allen Clark, 26, of Hutchins Street, Batavia, is charged with possession of hypodermic instrument. Clark was arrested following a complaint at 2:04 p.m. Saturday of a person injecting himself while driving a vehicle on Liberty Street.

Shawna M. Pursel, 38, of Oak Street, Batavia, is charged with criminally using drug paraphernalia, 2nd. Pursel was allegedly found in possession of a glass pipe commonly used for smoking crack cocaine.

Joseph W. Gottstine, 26, of Beaver Meadow Road, of Java Center, was arrested on a warrant for alleged failure to appear on a traffic violation.

Raymond L. Morgan, 44, of State Route 31, Lyons, is charged with criminal possession of a controlled substance. Morgan was arrested on a warrant. He is currently incarcerated in Wayne County on an unrelated charge.

Victor D. Guy, 29, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic violation.

Cheryl M. Lyons, 50, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. She was released under supervision of Genesee Justice.

Cheryl A. Kowalik, 55, of Alexander Road, Batavia, was arrested on a warrant stemming from a charge of issuing a bad check.

Samuel Anthony Nigro, 64, of Ellicott Street, Batavia, is charged with criminal possession of a weapon, 3rd. Nigro was allegedly found in possession of a billy club during a home visit by a probation officer. Nigro has a prior felony conviction. He was jailed without bail pending review by Superior Court. Upon review, he was released under supervision of the Probation Department.

Melissa M. Lesage, 36, of Lake Street, Le Roy, was arrested on a warrant for alleged failure to appear on a traffic citation. She was released on $500 bail.

Terry E. Smith, 38, of West Main Street, Batavia, is charged with side window tint, no plate lamp, unlawful possession of marijuana, criminal possession of a controlled substance, and aggravated unlicensed operation, 3rd. Smith was stopped at 2:04 a.m. Jan. 10 on McKinley Avenue by Officer Matthew Wojtaszczyk.

Samantha L. Tate, 23, of East Main Street, Batavia, is charged with petit larceny and conspiracy, 6th. Tate was arrested on a warrant stemming from an alleged shoplifting incident at 415 E. Main St., Batavia.

Joey A. Evans, 25, of Maple Street, Batavia, was arrested on a warrant for allegedly violating released under supervision conditions. Evans allegedly failed to appear for required meetings. He was jailed on $1,000 bail.

Loretta L. Baer, 44, of School Street, Batavia, is charged with resisting arrest and obstructing governmental administration, 2nd. Baer was jailed on $1,000 bail.

Frank J. Yanik, 39, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at stop sign. Yanik was stopped at 1:21 a.m. Saturday on Liberty Street by Officer Peter Flanagan.

January 18, 2016 - 11:33am
posted by Howard B. Owens in crime, Le Roy, Alabama.

Gayno Star Standsblack, 44, of Wehrle Drive, Williamsville, is charged with felony DWI, aggravated unlicensed operation of a motor vehicle, 1st, moving from lane unsafely, no seatbelt, and driving without an interlock device. Standsblack was arrested following a report of a suspicious vehicle off the road on Meadville Road, Alabama, at 2:07 a.m. Saturday by Deputy Jason Saile. Standsblack was jailed without bail.

Joseph Paul Capuano, 63, of Clarissa Street, Rochester, is charged with DWI, driving with a BAC of .18 or higher and speeding. Capuano was stopped at 5:38 p.m. Saturday on South Lake Road, Le Roy, by Deputy Andrew Hale.

January 15, 2016 - 11:16am
posted by Howard B. Owens in crime, bergen, batavia, Oakfield.

Francine Pauleete Francioli, 34, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, aggravated unlicensed operation, 3rd, unlawful possession of marijuana and inadequate taillights. Francioli was stopped at 4:47 p.m. Thursday on North Bergen Road, Bergen, by Deputy Joseph Corona. Francioli was allegedly found in possession of alprazolam, hydrocodone and marijuana during the traffic stop. 

Benjamin Ross Corke, 28, of Tracey Avenue, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Corke was arrested on a warrant. He was jailed on $1,000 bail.

Rene Norma Brouchu III, 32, of Lewiston Road, Oakfield, is charged with petit larceny. Brouchu allegedly stole several items from Walmart with a value of $174.61.

January 15, 2016 - 10:05am
posted by Howard B. Owens in crime, batavia, business.

Press release:

The Batavia Police Department has received multiple complaints of fraudulent posts on social media (Craigslist, Facebook, and other similar Web sites) claiming to be John Gerace, a realtor of RealityUSA with property “for rent.” The postings are requesting a $700 deposit in exchange for keys to the residence. The only contact information on the postings is for [email protected].

The Batavia Police Department with the assistance of John Gerace, would like to remind the community not to give money upfront for a rental apartment without first walking through the apartment and signing a lease agreement. This is a reoccurring issue. If you feel have been part of this scam please contact the Batavia Police Department at (585) 345-6350 to report the incident.

Previously: Real estate agent turns the tables on craigslist scammer

January 13, 2016 - 4:22pm
posted by Howard B. Owens in crime, batavia, John Gerace.

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It's hard to find good houses for rent in Batavia and John Gerace, a local real estate agent, believes some guy in Nigeria found a nice little scam for himself to take advantage of that fact.

Since Gerace, in a manner of speaking, was a target of the scam, he decided to have a little fun last week at the scammer's expense. 

He posed as a prospective renter and went so far as to con the guy into thinking he sent him $700 via Western Union.

The scammer has been using Gerace's name with his fake rental listings on craigslist, and Gerace made no attempt to hide his identity in his e-mails, phone message or text messages.  

Still, the scammer persisted until he caught onto the ruse, then cut off communication with a Nigerian profanity and ditched his burner phone.

"They wouldn't be doing this if people weren't sending them money," Gerace sad.

Sadly, people probably are sending fake rental agents money, though Gerace has no direct knowledge of that happening, and law enforcement is largely powerless to do anything about it.  

It's one of the dangers of free online classifieds. It's easy for anybody to post anything, though craigslist does warn people not to wire money for housing rentals.

The Nigerian has been using Gerace's listings, all houses that are actually for sale, not for rent, as rental posts on craigslist. The scammer lifts the photos, property description and address out of the for-sale listing and posts them to craigslist. To help further entice the fish, he makes it sound like a great opportunity -- a below-market-value rent of $700, including utilities and pets are allowed.

The act was pretty sophisticated, too. The Nigerian e-mailed prospective renters an application and told a woeful tale of why he and his family needed to rent their beloved house in Batavia.

"I decided to rent out the property due to our transfer to (Black Creek, WI) on a Missionary Work by my church here, so we are renting it out since we need someone to take good care of the property on our absent," the Nigerian writes. "Don't be surprise if you find the home with another site and deference price, I have plan to rent it through Real estate before, but they are not serious simply because they have a lot of house to lease out and they added some money to the rent while there commission is not fair."

When Gerace posed as a potential renter, he told an even sadder tale to the Nigerian.

"I am very excited about the home you have for rent in Batavia located at 18 Oak St.," Gerace sent in a text message. "I have been looking for 3 months for a place for me and my 2 disabled children. My wife was killed in an auto accident when we were driving on the thruway and my 2 children were seriously injured and now need specialized treatments which can only be done here in Batavia by a very close medical center. This home is in a perfect location for us to seek treatments. I am a minister at our local church and I work 2 other jobs to pay all my bills. I am very clean and would take very good care of your home."

Gerace was incredulous that the Nigerian responded and continued with the scam.

So when an agreement was reached, Gerace told the man he sent, as instructed, the $700 via Western Union. He provided a fake transfer ID number. Over the next several hours, the man apparently made several trips to the Western Union office, exchanging messages about the missing money with Gerace along the way, before he realized he himself had been scammed.

The final message from the Nigerian was two words. Gerace translated it. It wasn't nice.

Throughout this ongoing scam, Gerace has been contacted by people who have seen the listings and either didn't realize they were fake or weren't quite sure.  

One home buyer -- Gerace represented the seller, not the buyer -- flew off the handle when his wife found the house they were purchasing for $225,000 in a craigslist listing under Gerace's name.

"He f-bombed me," Gerace said. "What are you doing trying to rent our place when we have an accepted purchase offer!"

Gerace explained it was a scam.

" 'Come on,' " he said, " '$700 a month on a 2,500-square-foot home, including utilities?' I said, "If it sounds too good to be true, it's too good to be true."

Gerace wanted to share his story in the off chance people might read it and get that message.

If it sounds too good to be true, it's too good to be true.

picturesjan132026-5.jpg

January 13, 2016 - 10:22am
posted by Howard B. Owens in crime, Basom, Alabama, batavia, Pavilion.

Terrance D. Bauer, 54, of Church Street, Basom, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. The Local Drug Task Force executed a search warrant at Bauer's residence and allegedly found cocaine and marijuana and various smoking devices and scales. Bauer was issued an appearance ticket.

Elizabeth Michelle Grattan, 26, of Maple Street, Batavia, is charged with petit larceny. Grattan is accused of shoplifting from Kohl's Department Store, allegedly stealing merchandise valued at $99. Grattan was jailed on $1,000 bail.

A 16-year-old from Pavilion is charged with criminal mischief, 4th, and harassment, 2nd. The youth was allegedly involved in an altercation at Pavilion Central School, punching another person in the face, resulting in minor injuries and a broken phone.

January 12, 2016 - 10:03am
posted by Howard B. Owens in crime, batavia.
mug_leonard_johnson_2016.jpg
     Leonard Johnson
mug_duffy_starks_2016.jpg
     Duffy Starks

Leonard A. Johnson, 23, of Hutchins 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. Johnson is accused of selling crack cocaine to agents of the Local Drug Task Force on two separate occasions in 2015. Johnson was arrested on a warrant while at the County Courts Facility on an unrelated matter. He was arraigned in City Court and jailed on $25,000 bail.

Duffy Starks, 23, of North Spruce 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. Starks was arrested on a Grand Jury indictment warrant based on an investigation by the Local Drug Task Force into the sale of crack cocaine in and around the City of Batavia. Starks was jailed on $50,000 bail.

 

 

 

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