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September 12, 2017 - 4:22pm
posted by Billie Owens in batavia, crime, news.

Press release:

Kimberly Brodsky, 26, of Bank Street in Batavia, was granted a one-year conditional discharge by Batavia Town Justice Michael Cleveland on Monday, Sept. 11, as a result of her guilty plea to one count of petit larceny.

She had originally been charged in Batavia Town Court in June with one count of fourth-degree grand larceny and one count of offering a false instrument for filing in the first degree. She agreed to plead guilty to petit larceny as part of a plea deal.

The original charges were filed after a Social Services investigation revealed Brodsky failed to list wages she was receiving on applications she submitted to the Genesee County Department of Social Services. By submitting the falsified documents to the Department of Social Services, Brodsky received $2,423.50 in benefits to which she was not entitled.

In addition to the conditional discharge Brodsky made restitution of $2,423.50 and received a lifetime disqualification from SNAP -- the Food Stamp program.

Anyone wishing to report suspected cases of welfare fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Investigation Unit at (585) 344-2580, ext. 6417, or 6416. All calls are confidential.

September 12, 2017 - 11:51am
posted by Howard B. Owens in crime, darien lake, Darien, news, darien lake performing arts center.

The following people were arrested by the Genesee County Sheriff’s Office during the Matchbox 20 concert at Darien Lake Performing Arts Center on Monday:

Getchen L. Demeo, 52, of Coachmans Lane, Hamburg, is charged with trespass after allegedly opening an emergency exit and entering the Seagrams viewing deck where she had no right to be.

September 12, 2017 - 11:16am
posted by Howard B. Owens in crime, batavia, news, Grand Jury.

Martin Jones is indicted on two counts of criminal possession of a forged instrument, 2nd, and two counts of offering a false instrument for filing. Jones is accused of presenting a document, a forged Medical Examination for Employability report, to officials at the Department of Social Services on Feb. 23 for the purpose of fraudulently claiming benefits. He also allegedly presented a forged Medical Qualifications/Work Status report.

Daniel J. Difrancesco is indicted on a count of felony DWI and of refusing a breath test. Difrancesco is accused of driving drunk April 18 in the Town of Batavia on Route 5. It's alleged he has a prior DWI conviction within the past 10 years, in May 2007.

Gail M. Williams is indicted on a count of third-degree grand larceny. Williams is accused of stealing property with a value in excess of $3,000 from a location in the Town of Le Roy, between late 2014 and early 2017.

September 11, 2017 - 2:31pm
posted by Howard B. Owens in crime, batavia, news.

Press release:

The Batavia Police Department has received several stolen vehicle complaints within the past few weeks. Those vehicles have been located and investigations are still ongoing.

We would like to remind citizens to secure their vehicles at all times and to NEVER leave the keys in the car for any reason.

We at the Batavia Police Department are dedicated to protecting all persons and property and are continuing to partner with citizens to ensure Batavia remains a safe, enjoyable place to live.

September 11, 2017 - 11:24am
posted by Howard B. Owens in crime, batavia, news, elba, bergen, byron, notify.

Russell Leonard Penepent, 54, of West Main Street Road, Batavia, is charged with second-degree menacing and endangering the welfare of a child. Penepent allegedly menaced a neighbor and his 5-year-old child with a firearm at 3:19 p.m. Sunday. He was jailed on $2,500 cash or $5,000 bond.

Lawrence A. Guy, 41, of Roosevelt Avenue, Batavia, is charged with torturing or injuring an animal, endangering the welfare of a child, and coercion, 2nd. Police alleged that during a domestic incident Guy punched the family dog several times and threw it down several stairs in the presence of children. He was ordered held on $10,000 bail.

Jacob J. Russell, 21, of Walkers Corners Road, Byron, is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal possession of a controlled substance, 7th. Russell was arrested on a warrant by members of the Local Drug Task Force. During the arrest, Russell was allegedly found in possession of heroin. He is also accused of giving a quantity of heroin to another person. He was jailed on $50,000 bail.

Daniel James Maus, 56, of Johnson Road, Bergen, is charged with unlawful possession of marijuana. Maus was allegedly found in possession of marijuana during a traffic stop at 12:54 a.m. Saturday on Perry Road, Pavilion, by Deputy Mathew Clor.

Ryan Paul Isham, 26, of 66th Street, Niagara Falls, is charged with felony DWI, failure to yield right of way on left turn, and failure to yield right of way at a yield sign. Isham was arrested following an investigation into an accident reported at 12:55 a.m. Sunday on Route 98 in Elba by Deputy Ryan Young. Deputies responded to the accident and located a Dodge Ram pickup truck on its roof. Occupants of both vehicles were out of the vehicles. Isham was determined to be the driver of a Chevrolet Silverado. Isham was transported to UMMC for evaluation and released. All other occupants were treated and released at the scene. Additional charges are pending.

Miguel E. Alvarez, 22, of Maple Avenue, Batavian, and a 16-year-old resident of Trumbull Parkway are charged with petit larceny. At 10:20 p.m. Saturday, Batavia PD officers Arick Perkins and Christopher Lindsay attempted to speak with two suspicious males on West Main Street, Batavia. When approached, the subjects ran. They were later taken into custody and one of the subjects was allegedly found trying to conceal a 30-pack of beer and pizza in his pants that had been stolen from Tops.

Molly M. Smith, 45, of MacArthur Drive, Batavia, is charged with DWI and driving while impaired by drugs. Smith was arrested following an investigation into a minor injury motor-vehicle accident at 5:12 p.m. Friday on West Main Street, Batavia, by Officer Marc Lawrence.

Ronald P. Dixon, 38, of Pearl Street Road, Batavia, is charged with possession of a hypodermic instrument. City PD responded to a report of a burglary in progress at 1:10 a.m. Friday on East Main Street, and located Dixon, who was wanted on a warrant. At the time of his arrest, he was allegedly found in possession of a needle and other drug paraphernalia. He was jailed on $2,000 bail on the warrant.

Michael J. Difalco, 29, of West Main Street, Batavia, is charged with criminal possession of stolen property 5th. Difalco allegedly sold property he knew to be stolen at Pawn King in the Town of Batavia. He was jailed on $500 bail.

Julio C. Morales Jr., 32, of Upton Road, Batavia, was arrested on a warrant. Morales was arrested on a theft of services charge in 2015 and allegedly never appeared in City Court on that charge. He was jailed on $250 bail.

Henry L. Banks, 47, of Ross Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic charge.

A 17-year-old resident of Skye Road, Tonawanda Indian Reservation, is charged with attempted assault, 1st, harassment, 2nd, and obstructing governmental administration. Batavia PD responded to Burger King at 5:46 p.m. Aug. 28 for a reported disturbance. A person reportedly struck a vehicle. When police arrived, the suspect fled and was later apprehended.

Anthony A. Leone, 49, of Jackson Avenue, Batavia, was arrested on a warrant for a trespass charge stemming from an incident on Ellicott Street reported at 4:25 p.m. Aug. 15.

Khala Linn Ray, 18, of Ridge Road, Gasport, is charged with DWI, driving with a BAC of .08 or greater and no headlamps. Ray was stopped after Officer Arick Perkins observed at 2003 Pontiac Vibe on Ross Street being driven without headlights at 1:55 a.m., Aug. 26. Ray's vehicle was stopped on Washington Avenue.

Tyler M. Hughson, 22, of Hawthorn Drive, Albion, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hughson was stopped at 9:32 p.m. Sept. 1 on East Main Street, Batavia, by Officer Mitchell Cowen.

Rachell O. Soggs, 29, of South Swan Street, Batavia, was arrested on a warrant for alleged failure to appear.

Christopher Steven Bump, 22, of Briarwood Terrace, Batavia, is charged with false personation. At 7:30 p.m. on Aug. 27, Officer Arick Perkins responded to Pearl Street, Batavia, for a report of a suspicious vehicle. When contacted, Bump allegedly provided the officer with a false name.

John R. Delara, 19, of Gilbert Street, Le Roy, is charged with criminal trespass, 3rd, petit larceny and unlawful possession of marijuana. Delara is accused of entering unsecured vehicles in a downtown parking lot at 10:15 a.m. Aug. 31 and attempting to steal items from the vehicles.

Tatiana C. Lugo, 22, of Batavia, was arrested on a warrant for alleged failure to appear. He was jailed on $2,500 bail.

Taylor K. Hicks, 25, of Pembroke, is charged with DWI and driving with a BAC of .08 or greater. Hicks was stopped by State Police at 8:05 p.m. Sept. 7 on Genesee Street, Pembroke.

September 7, 2017 - 4:46pm
posted by Howard B. Owens in crime, news, batavia, byron, notify.
josephitemug2017_0.jpg
     Jenna Josephite
huntermug2017_0.jpg
      Shawn Hunter

Jenna Josephite, 28, of Main Street, Batavia, and Shawn Hunter, 33, of Wakefield Street, Rochester, are charged with criminal sale of a controlled substance, 3rd. Members of the Wyoming County Drug Task Force observed Josephite and Hunter allegedly sell a large quantity of suspected crack cocaine to a subject who had been under surveillance by the task force in the Warsaw Shopping Plaza in Warsaw. Josephite was jailed on $20,000 bail and Hunter was ordered held without bail.

Chad E. Alwardt, 37, of Byron, is charged with criminal possession of a controlled substance, 7th. Alwardt was arrested Tuesday by members of the Local Drug Task Force on a warrant. While being taken into custody he was allegedly found in possession of heroin. The nature of the warrant was not released. He is being held in the Genesee County Jail.

Lindsay Goins, 61, of State Street, Batavia, is charged with falsely reporting an incident. He was released under the supervision of Genesee Justice.

An 18-year-old resident of Stittville is charged with unlawful possession of alcohol. The youth was arrested at 9:55 p.m. Wednesday at College Village. State Police did not release the defendant's name.

Two 18-year-old residents of Batavia are charged with unlawful possession of marijuana. The youths were arrested Wednesday by State Police at a location on Assemblyman R. Stephen Hawley Drive, Batavia. State Police did not release the names of the defendants.

September 7, 2017 - 12:40pm
posted by Howard B. Owens in crime, STOP-DWI, news.

Dedicated DWI patrols by local law enforcement agencies are nabbing fewer drunken drivers and Matt Landers, assistant county manager and head of the STOP-DWI program for the county, would like to think that means the STOP-DWI program is being effective.

But that's hard to say for sure.

It could be a result of recent turnover in local agencies or some other factor.

It does mean there is less money available to fund STOP-DWI patrols.

Landers delivered a report on the state of the program to the Ways and Means Committee of the County Legislature on Wednesday.

"The numbers may be down because of turn over in the agencies," Landers said. "I'm told it takes a while for new officers to get on board. When officers get into their third and fourth years, that's the sweet spot, I'm told. That's when they're comfortable and experienced."

The number of arrests have dropped from 228 in 2015 to 183 last year and a projected 166 this year. 

The cost per arrest was $900 in 2015 and a projected $1,344 in 2017.

Funds for STOP-DWI are generated only by arrests by the dedicated enforcement patrols, not arrests by regular patrols. CORRECTION: Fines from all DWI arrests go to STOP-DWI.

The funds are also used for education programs in the schools and programs such as the STOP-DWI night at the Batavia Muckdogs game.

Legislator Ed DeJaneiro applauded the education efforts. He thinks that not only does it help the children, the children might take that message home to their parents.

"Education is key, I think," DeJaneiro said.

As a result of fewer arrests, it gives the appearance that the cost per arrest has doubled and Legislature Chairman Ray Cianfrini wondered if there was a way to reduce the cost per arrest and Landers said he didn't really know of a way to do that. 

More traffic stops might help, but that comes back to an experience issue.

"I've been on a couple of ride-alongs," Landers said. "Coincidently, I don't know, but there are perhaps 15, 16, 17 stops when I'm in the car. When I'm not in the car, there's three or four."

Last fall, Landers helped organized the program's first awards luncheon, with Jocelyn Sikorski at the Youth Bureau, at Terry Hills Restaurant and Banquet Facility. It honored the year's top cops for DWI arrests and Landers said that event will be held again this year. It's something he is making an annual event.

September 7, 2017 - 7:47am
posted by Howard B. Owens in crime, news, batvia, notify.
adnerdavilamug_2017.jpg
      Adner Davila

Adner P. Davila, 62, of West Main Street Road, Batavia, was arrested Friday on a sealed indictment for allegedly selling cocaine to an agent of the Local Drug Task Force and at the time of his arrest officers say they found more drugs and cash.

Davila was charged with two counts of criminal sale of a controlled substance, 3rd, five counts of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and one count of criminally using drug paraphernalia. 

After receiving a sealed indictment against Davila, members of the Local Drug Task Force observed Davila driving in Batavia on Friday evening. A uniformed deputy initiated a traffic stop as he pulled into a parking lot. 

Once in custody, his car was searched and he was allegedly found in possession of 18 bags of cocaine and $439 cash.

Investigators then searched his residence and report finding cocaine, morphine, drug paraphernalia and more cash.

Davila was arraigned in both Town of Batavia Court and City of Batavia Court and ordered held without bail.

Additional charges pending lab results.

September 5, 2017 - 1:54pm
posted by Howard B. Owens in crime, news, batavia, notify.
quintonspinks-mug2017.jpg
     Quinton Spinks

A 33-year-old Vine Street resident has been arrested and accused of selling crack cocaine on at least two occasions to an agent of the Local Drug Task Force.

Quinton L. Spinks is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

He was arrested on a grand jury warrant Aug. 28.

He was jailed on $10,000 bail.

September 5, 2017 - 1:44pm
posted by Howard B. Owens in crime, batavia, news, notify.

Press release:

On 09/02/2017 at approximately 11:41 a.m., the Batavia Police Department responded to an incident involving a knife where a subject had been cut in the upper arm. The injured subject was treated and released at the hospital. Police were able to locate and speak to all parties involved in the incident. Further police assistance was declined.

September 5, 2017 - 10:27am
posted by Howard B. Owens in crime, Alabama, news, batavia, notify.

Amanda Lynn Abrams, 26, of Council House Road, Tonawanda Indian Reservation, is charged with criminal mischief, 3rd. The Sheriff's Office received a complaint at 5 p.m. Sunday of several broken windows, including broken windows on a vehicle, at a location on Sand Hill Road, Tonawanda Indian Reservation. Upon investigation, it's alleged that Abrams broke windows "with no reasonable grounds to believe she had such a right," damaging the property of another person.

Joseph A. Saraceni Jr., 21, of Linwood Avenue, Batavia, is charged with driving while ability impaired by drugs, unlicensed driver, following too closely and failure to signal a turn. Saraceni was stopped at 9:45 a.m. Aug. 28 in Wyoming County after a trooper observed Saraceni allegedly following another vehicle too closely. When the trooper attempted to follow Saraceni, he made an abrupt turn reportedly without signaling. During the traffic stop, State Police say Saraceni presented an expired license. He provided a list of medications he was taking that included controlled substances. The trooper conducted a field sobriety test and he was processed at SP Warsaw by a drug recognition expert. He was issued an appearance ticket and turned over to Monroe County Sheriff's Office on an active probation warrant.

September 1, 2017 - 5:13pm
posted by Billie Owens in crime, news, batavia.

A 19-year-old Nigerian college soccer player was sentenced to time served today after agreeing to a plea bargain on a sex charge.

Hamma S. Yusuf Jr. has been incarcerated for 11 months (nine in Genesee County; two in North Dakota for reasons not explained). In Genesee County Court this morning, he pled guilty to a Class A misdemeanor -- sexual misconduct, on an "Alvord basis," meaning without a factual admission of guilt. The maximum sentence he could serve on that misdemeanor is one year.

He was originally charged with first-degree rape in a case involving a 13-year-old girl when he was 18. He was also granted "youthful offender" status today, which means in due time his crime can be expunged from his record, provided he does not commit another one.

But Yusuf is not home free. Although he was released today from Genesee County's custody, an immigration detainer was filed by the U.S. Immigration Service. Therefore, he will imminently be in their custody and his temporary visa status will be reviewed and possibly revoked.

Judge Charles Zambito clearly and articulately explained the proceedings to Yusuf and was careful that the client of defense attorney Michael D'Amico understood them and the impact the guilty plea may have on his immigration status.

D'Amico described the athletic teenager as articulate, thoughtful and a good soccer player who realizes "he got himself in a tough spot." When asked, the soft-spoken African said he completed two years of college and could write and speak English fluently.

Nothing was said about regrets.

Zambito agreed to issue the requested order of protection for the victim and fined Yusuf $175 plus a $25 mandated surcharge.

Then the orange-jumpsuited, handcuffed teen was led away to be processed and transferred to the custody of immigration authorities.

September 1, 2017 - 4:32pm
posted by Billie Owens in crime, batavia, Bethany, news.

A registered sex offender and former resident of Chaddock Road, Bethany, was in Genesee County Court again today for a probation violation.

According to District Attorney Lawrence Friedman, Christopher Joseph Campbell has been staying with a woman and her three children, which is a violation of his probation.

"He can't be around children, even if the mother has no objection," Judge Charles Zambito told the defendant and his attorney, Michael Locicero. "It's not up to her. It's up to me."

The mother, who was sitting in the gallery, was asked by the judge if she understood that. She said yes, and was asked to state her name for the record.

The defendant, with nearly shorn hair and sporting a Van Dyke (see photo, taken in February), was dressed in street clothes -- jeans, a gray T-shirt, and turquoise, gray and white zip-up fleece jacket. He looked over at his girlfriend and shrugged his shoulders a couple of times during the proceedings.

Although his attorney said he is employed full time, Friedman said that it is his understanding that Campbell was fired from his job.

Zambito said he will revoke Campbell's probation if he is found around children and he will be arrested. Period.

Last October, Campbell was charged with failure to report a change of address as required by law. It is a felony. He formerly resided on West Main Street Road in Batavia before moving to Bethany. But the state database for sex offenders, as of today, lists him as residing on West Main Street Road.

According to the state database, the 39-year-old, who is 5'10" and weighs about 190 pounds, was convicted of first-degree sexual abuse in 2007. He was a "non-stranger" who sexually abused two girls, ages 10 and 7, in the summer of 2005. Although force was not used, according to the record, he is listed as "sexually violent." He was arrested for the sex crimes by Monroe County authorities.

Campbell served two years in state prison.

Campbell is due back in court at 10 a.m. on Tuesday, Sept. 19.

September 1, 2017 - 3:54pm
posted by Billie Owens in crime, batavia, news, animal abuse.

A man accused of forcibly stealing a cell phone and beating and strangling a woman's beagle will get a thorough mental health exam to determine his fitness for court proceedings, Judge Charles Zambito ordered today in Genesee County Court.

Shawn Michael Twardowski is charged with one count of third-degree robbery, a Class D felony, for allegedly taking a cell phone from a woman on Jan. 26 on Bank Street in the City of Batavia; and one count of cruelty to animals, a Class A misdemeanor.

A possible plea deal was withdrawn, for now at least.

His attorney, Michael Locicero, told Judge Zambito that his client "displayed competency issues in his last court appearance" in August. Today, Locicero reiterated his concerns, saying a recent "mental forensic evaluation" does not address Twardowski's "competency per se" and he again expressed reservations about his client's "fitness to proceed," and comprehend a plea bargain.

Locicero said his client told him that at some point he was diagnosed with schizophrenia, but nothing in his file confirms that diagnosis. He described his client as "non-responsive" in face-to-face dealings with him. Indeed throughout his brief appearance in County Court this morning, the tall, lanky Twardowski, handcuffed and wearing inmate orange, sat or stood slope-shouldered, staring vacantly at the table. 

The defense attorney once more asked for a "730 Exam" -- a comprehensive mental health evaluation of his client.

Last month, Assistant District Attorney Robert Zickl objected to that request and noted that no comprehension issue was raised when the defendant sought a judicial diversion. Zambito, who subsequently called for more information and specifics to be gathered in the intervening weeks, seemed reluctant to grant the 730 Exam request.

"I've reviewed the records," Zambito said. "There's nothing to indicate he's incompetent, but I have not dealt with him personally."

Zickl again objected to the request, adding that the plea offer would be withdrawn and if he is found competent, the case would go to trial.

"If he's (found) not competent to stand trial, he's not competent to consider a plea offer," Zambito said, making Zickl's point moot.

Zambito ordered a 730 Exam for Twardowski.

The case is on the docket again at 10 a.m. Friday, Oct. 13.

September 1, 2017 - 10:19am
posted by Howard B. Owens in crime, Alabama, batavia, news, notify, Bethany, alexander, Stafford.

Clarence J. Carithers, 32, of West Academy Street, Albion, is charged with: unlawful fleeing a police officer; three counts of endangering the welfare of a child; reckless driving- speeding (86 in 55-mph zone); failure to stop at blinking red light; unsafe turn without signaling, speed in excess of 55 mph (111 mph); and inadequate lights. Carithers allegedly drove his vehicle past a Sheriff's patrol at an excessive speed on Lewiston Road, Alabama, at 12:44 a.m. and then failed to stop at a blinking red light at the intersection of Lewiston and Alleghany roads, continuing southbound on Route 77 at a high rate of speed. Carithers then allegedly turned onto Bloomingdale Road and failed to signal. He is accused of driving in excess of 55 mph on Bloomingdale before stopping at a gas mart located on the Tonawanda Indian Reservation. He was arrested by Deputy Eric Meyer, arraigned in Town of Alabama Court and jailed without bail. Assisting were Sgt. John Baiocco, Sgt. Jason Saile, Deputy Ryan Young, and Deputy Howard Wilson.

Devan Dashaun Hazel, 23, of St. Mary's Street, NYC, is charged with criminal possession of marijuana, 5th. He was arrested on a warrant out of Town of Stafford Court and jailed on $250 bail.

Kalil T. Walker, 23, of Isabelle Street, Rochester, was arrested on a warrant for alleged failure to appear in City Court. Walker posted bail and was released.

Timothy J. Wood, 28, no permanent address, was arrested on a warrant upon release from the Niagara County Correctional Facility. He was turned over to Batavia PD, arraigned in City Court and sentenced to 15 days in jail.

Nicholas D. Martino, 37, of Main Street, Alexander, was arrested on a warrant for alleged failure to appear. 

Darryl Robinson, 53, of East Main Street, Batavia, was arrested on a warrant. Robinson was taken into custody during an investigation into an unrelated incident. Robinson allegedly failed to appear in City Court on charges of harassment, 2nd, and unnecessary noise.

Robin A. Pickering, 33, of Electric Avenue, Lackawanna, was arrested on a warrant. Pickering allegedly failed to comply with terms of DWI conviction in 2015. She was jailed on $2,500 bail.

Shuvon J. Williams, 41, of Walnut Street, Batavia, is charged with harassment, 2nd. Williams was allegedly involved in an altercation in the Dollar General parking lot on East Main Street, Batavia, at 6:10 p.m. Friday.

Kelly A. Morrison, 44, of Skyline Drive, Lady Lake, Fla., is charged with menacing, 2nd, endangering the welfare of a child, and criminal possession of a weapon (prior conviction). Morrison allegedly brandished a large pocket knife during an altercation at 6:10 p.m. Friday in the parking lot of Dollar General in Batavia. Morrison was jailed without bail.

A 17-year-old resident of Edward Street, Batavia, is charged with criminal mischief, 2nd, resisting arrest, and unlawful possession of marijuana. The youth allegedly damaged a parked vehicle in the area of Bank Street and Washington Avenue, Batavia, and then resisted when officers attempted to place him under arrest. He was jailed on $2,500 bail.

Maria Katriliotis, 35, of North Spruce Street, Batavia, is charged with harassment, 2nd. Katriliotis allegedly kicked another person at 3:40 p.m. Saturday.

Brandon C. Smart, 40, of Hutchins Street, Batavia, was arrested on a warrant. Smart was arrested after police responded to a location on Hutchins Street to investigate a noise complaint.

A 17-year-old resident of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at a location on Cedar Street, Batavia.

Dora L. Poodry, 23, of West Main Street, Batavia, is charged with failure to appear on a petit larceny charge. Poodry is in custody on an unrelated charge.

Meredith H. Cutro, 40, of Tracy Avenue, Batavia, is charged with harassment, 2nd, and criminal trespass. Cutro allegedly entered the home of another person at 4:44 p.m. Aug. 22and refused to leave when told to leave. Cutro allegedly pushed another person when that person was trying to get her to leave.

Dustin L. Landin, 38, of James Street, Batavia, was arrested on a warrant for an alleged violation of his release under supervision contract. He was jailed on $2,500 bail.

Traci Lynn Abrams, 19, of Skye Road, Alabama, is charged with possession of a loaded firearm in a motor vehicle. Abrams was arrested by Batavia PD and turned over to the Sheriff's Office on a warrant.

Rudy P. Bail, 23, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Bail was charged by State Police at 8:36 a.m. Thursday in the Town of Bethany.

August 28, 2017 - 8:36am
posted by Howard B. Owens in crime, news, batavia, Alabama, notify, Darien.

Hofford Lindsay Ian, 53, of Bluff Trail, Nobleton, Ontario, Canada, is charged with: DWI; unauthorized use of a vehicle; leaving scene of an accident; refusal to take breath test; and moving from lane unsafely. Ian allegedly drove a golf cart without the owner's permission while at Darien Lake. While operating the golf car, Ian allegedly struck another vehicle and left the scene of the accident. He was jailed on $5,000 cash bail or $10,000 bond. 

Melissa R. Reinard, 24, of Pine Ridge Road, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Reinard was stopped for allegedly driving 53 in a 35-mph zone in Corfu by Officer Richard Retzlaff.

Galen Bena Sundown, 24, of Council House Road, Tonawanda Indian Reservation, is charged with: DWI; driving with a BAC of .18 or greater; unreasonable speed; drinking alcohol in a motor vehicle; and driving on public highway while using a mobile phone. Sundown was reportedly involved in a personal-injury accident at 2:34 a.m. Sunday on Council House Road, Alabama. The accident was investigated by Deputy Howard Wilson and Deputy Howard Carlson.

Sandra J. Kessler, 45, of Lewiston Road, Batavia, is charged with DWI and driving while impaired by drugs. Kessler was arrested following an investigation of a reported suspicious condition on Ellicott Street, Batavia, by Deputy Howard Wilson, at 11:12 p.m. on Friday.

Anthony Professor Blackwell, 39, of George Urban Boulevard, Cheektowaga, is charged with criminal mischief, 3rd. Blackwell turned himself in on a warrant. He was jailed on $5,000 bail.

August 27, 2017 - 6:43pm
posted by Howard B. Owens in crime, darien lake, darien lake performing arts center, news.

The following people were arrested by the Genesee County Sheriff’s Office during the Green Day Concert at Darien Lake Performing Arts Center on Saturday:

Dustin R. Waldmiller, 23 of Harding Road, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Thomas J. Pilarz, 27, of Appletree Courts, Cheektowaga, is charged with disorderly conduct after allegedly causing a disturbance in the venue parking lot.

August 27, 2017 - 2:26pm
posted by Howard B. Owens in crime, batavia, news, walmart, notify.

A 19-year-old Batavia man has been charged with arson and petit larceny after allegedly setting a box on fire that contained Apple ear buds in an attempt to steal them.

The suspect then disposed of the burnt box under a metal display rack and attempted to leave the store before being intercepted by store security officers.

Arrested was John Rai Delara, 19, of MacArthur Drive, Batavia. He was charged with petit larceny, fifth-degree arson, and criminal mischief, 4th.

He was released on an appearance ticket.

August 25, 2017 - 6:07pm
posted by Howard B. Owens in crime, batavia, news.

Nicholas D. Martino, 37, of Pearl Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Martino was arrested on a warrant out of the City of Batavia and when taken into custody allegedly had a small amount of cocaine on him. He was jailed on $500 bail.

Jamie B. Wix, 41, of Rozzelles Landing Drive, Charlotte, N.C., is charged with DWI, driving with a BAC of .08 or greater and speeding. Wix was stopped at 1:29 a.m., today, on Park Road, Batavia, by Deputy Howard Wilson.

August 25, 2017 - 5:54pm
posted by Howard B. Owens in crime, news, pembroke, Darien.

A trial that Judge Charles Zambito expected to last four days stretched into a fifth day today with two-and-a-half hours of closing arguments by the two attorneys before the jury was given a chance to deliberate.

Deliberations didn't last long and David K. Atkinson was convicted of criminal sexual act in the first degree.

Atkinson was on trial for forcing a woman he was living with into performing oral sex on him.

It was an act he recorded live and streamed for a man living in Darien whom he apparently suspected of getting involved with the woman. This was apparently supposed to show the Darien man that the woman was still with Atkinson and staying with him.

Jamie Walsh, an attorney with the Public Defender's Office, represented Atkinson and argued that the sexual act was entirely consensual and that Atkinson and the woman had been cuddling before she agreed to perform the act and that she took her shirt off.

The incident started after Atkinson found text messages on the woman's phone between the woman and the man in Darien. This act was supposedly "makeup sex."

There was disagreement between the defense and the prosecution as to how a mobile phone came to be destroyed by a clawhammer and how Atkinson's guitar came to be used as a weapon against the television set in the residence.

Assistant District Attorney Robert Zickl said there was nothing about the event that suggested it was consensual, that the woman felt threatened and forced to perform the act. He said although the video is dark, the woman clearly still had her shirt on, and the language of Atkinson hardly fits his definition of "romantic." Besides, Zickl noted, it seemed odd that a man who claimed he had just been cuddling with his woman and was now getting a consensual and romantic sexual favor, still had his boots on and his pants buckled.

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