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December 21, 2017 - 5:54pm
posted by Howard B. Owens in crime, Darien, pembroke, news, notify.

davidatkinsonmug2017.jpg

David K. Atkinson abuses women and the risk is great that he's beyond rehabilitation, Judge Charles Zambito decided in Genesee County Court this afternoon as he sent Atkinson to state prison for 15 years.

His victim, a former Pembroke resident, said only a sentence of 10 to 15 years could help her feel safe, though she fears her life will never be as good as it was before Atkinson attacked her, threatened her with a claw hammer and forced her to perform oral sex on him while he live-streamed it to another man in Darien.

She said her life is filled with fear and anxiety. She can't return to the house where she lived, even though she's still paying the mortgage, and she suffers from PTSD (Post-traumatic Stress Syndrome) and frequent nightmares.

"I can't stop imagining David breaking into my house despite the doors being locked," she said. "I can picture him chasing me down in my house and beating me. I picture him beating and killing my children. I picture him raping and killing me. I don't feel safe no matter how many counseling sessions I go to. I can't escape the nightmares."

The 39-year-old Atkinson was found guilty following a jury trial in August of criminal sexual act in the first degree.

He testified at his own trial and denied all of the woman's allegations. He didn't deny the sex act. He said it was consensual and described it as "make-up sex" after an argument because he found text messages on the woman's phone to another man -- the man in Darien.

By this time, the woman and Atkinson had long been out of a relationship and Atkinson supposedly had another girlfriend, but he said he and the victim continued to have a casual sexual relationship, which he said was proof that he didn't force her into a sex act.

During the trial, there was a woman who sat in the front row as a supporter of Atkinson.

After the trial, Atkinson was released on bond and he traveled to North Carolina with the woman. His sentencing was scheduled for Nov. 21 but he missed that court date.

On that date, he was in jail in North Carolina for allegedly strangling the woman who had been his ally during the trial.

A common thread between the North Carolina incident and the attack on the woman locally: An empty bottle of Evan Williams bourbon was found at both scenes, said Robert Zickl, assistant district attorney.

Atkinson also has a prior misdemeanor conviction, from 2013, for abusing his first wife in Erie County.

The victim, in this case, described Atkinson as charming and that he seemed like a dream come true when they first met.

She said she was feeling good about her life when they met. She was four years clean after overcoming an addiction and adjusting to life as a single mother. She had a good job, had bought a house and was making her mortgage payments.

She let Atkinson move in with her and soon the trouble started. First, he refused to work. He wasn't contributing at all financially to the household. Then, she said, he starting insulting her and the kids. 

When she tried to get him to move out, he threatened her and threatened to damage her house and her belongings.

"I felt trapped and didn't know what to do," she said.

Then Atkinson found a new girlfriend and the woman thought that would solve her problems. It didn't. Atkinson didn't leave.

One night he scrolled through the messages on a mobile phone and found a non-romantic conversation between the woman and the man in Darien. That started a fight and eventually the forced, live-streamed sex act over messaging.

"I miss the way my life was before that night," the woman told Zambito.

A 10- to 15-year sentence might not only help her find some peace of mind, she said, but it would also protect other women.

"You can save other women before another woman becomes another victim," she said. "Please help save another woman from becoming a victim of David Atkinson."

Zickl opened his statement to Zambito with, "I don't know when (the victim) wrote her statement, but it could be considered prophetic." 

He then described the alleged attack and arrest of Atkinson in North Carolina.

Zickl sought the maximum term for Atkinson of 20 to 25 years. He noted that a sentence, in this case, was neither for rehabilitation nor for deterrence. Clearly, he said, deterrence wouldn't work in this case because he already attacked another woman.

"He did that knowing you would hear about it and it would affect his sentence in this court," Zickl told Zambito.

Atkinson made no statement in court.

Zambito presided over the trial in August and remembered the defendant's denials.

"I heard the testimony," Zambito said. "I also heard from the victim about your brutality and the significant affect it had on her. It doesn't need to be recited here again. You claimed it was consensual. You blamed it all on her. This happened, you said, because she was unfaithful to you. You portrayed yourself as the victim. That's perhaps the most disturbing thing here. You testified, and the jury didn't believe you and I don't believe you either. I believe her."

December 21, 2017 - 3:38pm
posted by Howard B. Owens in crime, batavia, news, notify.
charleswilliamsmug2017.jpg
      Charles Williams

A convicted drug dealer failed to show up for his sentencing and has refused to turn himself in, according to Batavia PD.

An arrest warrant has been issued for 38-year-old Charles "Gusto" Williams, who was living on South Spruce Street, Batavia, at the time of his arrest in April.

Police are seeking the public's assistance in locating Williams.

He was convicted of criminal sale of a controlled substance, 3rd, and criminal contempt, 1st.

Williams allegedly violated an order of protection while out of jail awaiting sentencing.

Police say if you see Williams or know of his whereabouts, do not approach him; rather, call 9-1-1.

Anyone with questions may contact the Batavia Police Department at 585-345-6350 or the confidential tip line at 585-345-6370.

December 21, 2017 - 9:03am
posted by Howard B. Owens in crime, batavia, news, notify.
randallmug2017.jpg
      Lamar Randall

Lamar I. "L-Boog" Randall, 32, of Walnut Place, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal sale of a controlled substance, 3rd.

Randall is accused of selling a quantity of crack cocaine to an agent of the Local Drug Task Force on two occasions within the past four months.

Task Force members located Randall walking on Washington Avenue, Batavia, and took him into custody.

His arrest is the result of an investigation into the sale, transportation, and possession of crack cocaine in and around the City of Batavia.

Randall was jailed without bail.

The District Attorney's Office assisted in the investigation.

December 21, 2017 - 8:40am
posted by Howard B. Owens in crime, batavia, begen, byron, Oakfield.

Denise Marie Busiere, 32, of Townline Road, Byron, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance, 7th, failed to stop for stop sign, and driving with obstructed view. Busiere was stopped at 6:26 p.m. Monday on Lake Avenue, Bergen, by Deputy Ryan DeLong.

Olivia Maria Lyons, 24, of Sokol Drive, Attica, is charged with petit larceny. Lyons is accused of shoplifting from the Dollar General in Oakfield.

John G. Kindig, 59, of Batavia, is charged with driving while impaired by drugs, and stopping or standing on a roadway. Kindig was stopped by State Police at 8:50 a.m. Monday on Veterans Memorial Drive. No further details released.

December 19, 2017 - 2:28pm
posted by Billie Owens in crime, news, notify, Darien, Le Roy, batavia.

Davon St. John is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that between Sept. 27 and 28, the defendant knowingly entered or remained unlawfully inside a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $180 in U.S. currency and other items. In count three, St. John is again accused of second-degree burglary for allegedly unlawfully entering the same dwelling on Ellicott Avenue between Nov. 18 and 19 with intent to commit a crime. In count four, he is accused of petit larceny for allegedly stealing an HP laptop, book bag, calculator, butcher knife and Samsung Electonic Tablet in the second break-in. In count five, the defendant is accused of a third instance of second-degree burglary at the same address between Nov. 20 and 21. In count six, he is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing a 2004 Jeep valued at more than one hundred dollars. In count seven, St. John is accused of petit larceny for allegedly stealing a 40-inch Vizio television in the City of Batavia between Nov. 20 and 21. In counts eight and nine, he is indicted for second-degree burglary for allegedly unlawfully entering a dwelling on Montclair Avenue in the city on Nov. 21 with the intent to commit a crime. In count 10, he is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property on Nov. 21 in the city that had a value of more than $3,000 -- in this case a MAC Book Air, Harman Kardon Wireless speakers, MAC Magic mouse, Apple Series 2 watch, Alexa Echo Show, $400 in U.S. currency, silver coins, Halloween candy, four gold chains, a gold dome ring and four blank (bank) checks. In counts 11 and 12, St. John is accused of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in counts 11 and 12 that he intentionally damaged the property of another person. In this case, a door and glasses, respectively. In count 13, he is accused of a sixth count of second-degree burglary for allegedly unlawfully breaking into a dwelling on Union Avenue with the intent to commit a crime. In counts 14 and 15, he is accused of criminal possession of a firearm, a Class E felony. In counts 14 and 15, it is alleged that on Nov. 21 in the City of Batavia that St. John illegally possessed, respectively, a .357-caliber Smith & Wesson revolver and a Glock firearm. In count 16, the defendant is accused of stealing property (unspecified) on Nov. 21 in the city and is therefore indicted on another count of petit larceny. In count 17, he is indicted on a third charge of fourth-degree criminal mischief for allegedly intentionally damaging another person's property (unspecified).

Jeremy L Siplin is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Nov. 17 in the Town of Batavia that Siplin stole property having a value in excess of $1,000 -- in this case, $2,292.84 worth of goods from Kohl's Department Store. In count two, he is accused of fifth-degree conspiracy, a Class A misdemeanor. It is alleged in count two that the defendant agreed with one or more persons to intentionally engage in, or cause the performance of, conduct that constituted a felony.

Joseph H. Merkley Sr. is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on July 3 in the Town of Le Roy that Merkley drove a 1996 Ford on Perry Road and/or Route 19 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing, or having reason to know, that at the time his dirver's licensed in New York was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count two that he was driving under the influence of alcohol or a drug at the time. Also, in Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI Per Se on June 18, 2014 in the Town of Murray in Orleans County. It is further alleged in the Special Information that Merkley knew that his driving privilege was revoked as a result and that revocation was still in effect when the crimes alleged in this indictment occurred.

Joshua M. Bradley is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 4 in the Town of Darien that Bradley drove a 2005 GMC on Colby Road and/or Route 20 while intoxicated. In count two, Bradley is accused of DWI, Per Se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more at the time. Also, in Special Information filed by the District Attorney, Bradley is accused of having been convicted by DWI as a misdemeanor on Jan. 15, 2015 in the Town of Clarence, Erie County, and that conviction was within 10 years of the crimes alleged in this indictment.

December 18, 2017 - 6:31pm
posted by Howard B. Owens in crime, Oakfield, news, notify.

A man involved in the theft of more than $3,000 in battery cables from 50 busses in Oakfield in 2014 was recently located in Arizona, returned to Genesee County, and today entered a guilty plea to third-degree grand larceny.

The arrest of Jordan Prentice on the charge was not previously reported so not a lot information is available on the case.

In a brief email exchange today, Chief Deputy Jerry Brewster said Prentice was an accomplice of Jeremy Dean Lyons, who was indicted in 2014 on a count of criminal possession of stolen property, 3rd.

Prentice, Brewster said, "took off on us."

According to Brewster, Prentice removed copper wires from busses at Lutz Sales, 2051 Judge Road, Oakfield, on Aug. 25, 2014.

"These were thick, heavy copper battery cables that ran the entire length of the bus," Brewster said. "As you probably recall, copper prices were through the roof at the time."

As part of the plea agreement, Prentice won't receive a sentence greater than "shock probation," which means a time in jail and probation.

Assistant District Attorney Shirley Gorman did not oppose Prentice, who was in custody at the time of his hearing this morning, being released under supervision of Genesee Justice. Prentice, she said, has been living in Arizona for two years, has married, become a father, and has held a steady job.

While awaiting sentencing next month, he cannot leave Genesee County, however. He will be living with his parents in Oakfield.

December 18, 2017 - 6:16pm
posted by Howard B. Owens in crime, batavia, news, notify.

Even though one of his co-defendants has already entered a guilty plea to attempted assault in the first degree, Anthony Spencer has decided to let a jury decide his fate in a trial for his alleged participation in a group assault on a man on East Main Street in July.

The attack, which included a beating and a knifing, nearly cost the victim his life.

Spencer today turned down a plea offer that would have capped his prison term at 10 years.

He is charged with assault in the first degree and gang assault.

Only Spencer, 26, and JW Hardy, 30, were identified as suspects in the attack, though police believe there were others involved, hence the gang assault charge, which requires at least three participants. The charge does not require actual gang affiliation. Police have not said whether they believe Spencer and Hardy are affiliated with a known gang.

Hardy entered a guilty plea last week to first-degree attempted assault. Spencer passed up the chance to plead to the same Class C felony.

Hardy is scheduled for sentencing Feb. 14. Jury selection in Spencer's trial is slated to begin March 5. Fred Rarick has been appointed to represent Spencer.

Officer Arick Perkins is credited with saving the victim's life.

December 18, 2017 - 12:44pm
posted by Howard B. Owens in crime, notify, news, batavia, Le Roy, Alabama, Bethany.
cavico_josephmug2017.jpg
       Joseph Cavico

Joseph J. Cavico Jr., 49, of Albert Street, Rochester, is charged with assault, 3rd, menacing, 2nd, willful defacement of a weapon, and criminal possession of a weapon. Cavico is accused of striking a victim numerous times and threatening the victim with a pistol and knife. During the investigation by Le Roy PD, police located a .357-caliber pistol with its serial number removed. Cavico was jailed without bail. The investigation is ongoing.

Roberta A. Goodman, 50, of East Main Road, Le Roy, is charged with driving while ability impaired by drugs. Goodman was stopped by Le Roy PD at 12:48 p.m. June 20 following a complaint. Goodman allegedly failed to maintain her lane of travel and almost struck objects. Goodman was allegedly under the influence of prescribed medication.

Kimberly White, 28, of Wyoming Road, Wyoming County, is charged with petit larceny. White and an accomplice allegedly stole $319 of Hydroxycut supplements from Walgreens in Le Roy on May 16.

Shane E. Dann, 41, of Swan Street, Batavia, was arrested on a warrant. Dann was arrested on a City Court warrant. The charges were not released. 

Sean M. Haugh, 20, of North Main Street, Warsaw, was arrested on a warrant for alleged failure to appear. Haugh was arrested at the Wyoming County Jail and transported to Batavia City Court. Haugh was released after posting bail.

Rae C. Cook, 28, of Gilbert Street, Le Roy, is charged with harassment, 2nd. Cook is accused of punching a nurse while at UMMC's emergency room.

Kiara M. McCoy, 28, of Woodward Street, Rochester, is charged with unlawful possession of marijuana, uninspected motor vehicle, and speeding. McCoy was allegedly found in possession of marijuana during a traffic stop at 10:32 p.m. Friday on Walnut Street, Batavia, by Officer James Prusak.

Nikkia Marie Phillips, 31, of East Main Street, Batavia, is charged with petit larceny. Phillips is accused of stealing merchandise from Walmart.

Anthony M. Strollo, 59, of Bethany Center Road, Bethany, is charged with trespass. Strollo allegedly walked onto property on Wortendyke Road without permission at 2:45 p.m. on Thursday.

Kevin James Weber, 47, of Judge Road, Alabama, Alabama, is charged with menacing, 2nd. Weber allegedly threatened another person with a knife at 4:10 p.m. Thursday at a location on Judge Road, Alabama. He was ordered held on no bail and a full stay away order of protection was issued.

Jacklyn Maureen Ganzhorn, 30, of Genesee Street Road, Attica, is charged with harassment, 2nd. Ganzhorn allegedly struck another person at 10 p.m. Thursday at a location on Orangegrove Drive, Batavia.

December 15, 2017 - 4:20pm
posted by Howard B. Owens in crime, batavia, news, notify.

One of two men accused of taking part in a near-fatal knife attack against a person on East Main Street in Batavia in July, entered a guilty plea in County Court today to one count of attempted assault in the first degree, a Class C violent felony.

JW Hardy faces a sentence of up to 10 years under terms of the plea agreement. Sentencing is scheduled for 1:45 p.m., Feb. 14.

Hardy, 30, and co-defendant Anthony Spencer Jr., 26, were initially charged with assault in the first degree and gang assault, 1st, for allegedly working in tandem to beat and stab a victim July 18 at a location on East Main Street.

Spencer's case is still pending and he's due in court on Monday.

Officer Arick Perkins is credited with saving the victim's life.

Pending sentencing, Hardy remains at liberty.

December 14, 2017 - 10:44am
posted by Howard B. Owens in crime, batavia, news.

Austin L. Wester, 23, of Pratt Road, Batavia, is charged with four counts of forgery, 3rd, one count of petit larceny, and possession of a hypodermic instrument.  Wester was arrested on a warrant for allegedly taking another person's checks and cashing those checks by forging that person's signature. At the time of his arrest, Wester was allegedly found a needle in his pocket. He was jailed on $1,000 bail.

Davon S. St. John, 19, of Oak Street, Batavia, is charged with petit larceny. St. John allegedly stole property from T.F. Brown's. 

(Name redacted upon request), 18, of Ridge Road, Elba, and (name redacted upon request), age and address not released, were charged with unlawful possession of marijuana. Xxx and xxx were charged following a traffic stop by Christopher Lindsay at 8:32 p.m. Dec. 8 on Liberty Street, Batavia.

Shawn M. Twardowski, 35, of West Main Street, Batavia, is charged with two counts of criminal contempt, 2nd. While Twardowski was an inmate at the Genesee County Jail on Nov. 18, and again on March 26, he allegedly sent letters via postal mail to a person he was barred from contacting in any manner.

December 13, 2017 - 1:01pm
posted by Howard B. Owens in crime, batavia, news, notify.
armstrong_mug_shot2017.jpg
     Corey Armstrong

Corey O. Armstrong, 46, of Bank Street, Batavia, is charged with two counts of criminal sale of a controlled substance, two counts of criminal possession of a controlled substance and unlawful possession of marijuana.

Armstrong was stopped by Batavia PD while driving in the city on Tuesday. Armstrong was wanted on a warrant stemming from a sealed Grand Jury indictment. 

During the traffic stop, Armstrong was also allegedly found in possession of marijuana. 

Armstrong was arrested as the result of a Local Drug Task Force investigation into the possession, transportation and sale of crack cocaine in and around the City of Batavia.

Following arraignment in County Court on the indictment, he was jailed without bail.

December 12, 2017 - 3:08pm
posted by Howard B. Owens in crime, Basom, news, notify, batavia.

A 17-year-old Basom resident admitted in County Court today to threatening to shoot troopers and deputies during an incident on the Tonawanda Indian Reservation on Sept. 30, and of trying to seriously hurt or kill a person with a motor vehicle in the City of Batavia on Aug. 28.

Isaac Abrams entered guilty pleas to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony.

There is no sentencing cap on his possible prison term, which is a maximum of seven years, but the sentences on both charges would run concurrently, according to the plea agreement.

Abrams was being held in Genesee County Jail on $25,000 bail, but after listening to both attorneys on his bail status, County Court Judge Charles Zambito agreed to release Abrams under the supervision of Genesee Justice with a curfew of 7 p.m. to 7 a.m. He must continue to reside at his mother's residence on Skye Road during the term of his release or get permission from the court to move.

First Assistant District Attorney Melissa Cianfrini argued that Abrams has demonstrated a poor record of obeying the lawful commands of police officers, first in the Aug. 28 incident in the city and then during his confrontation with troopers and deputies Sept. 30.

His attorney, Vanessa Guite, said that Abrams has been successfully participating in Alcoholics Anonymous, completed his high school education while confined, and she added that that her client's second arrest was a real wake-up call for him.

"You can see from his demeanor in court that he is taking this deadly serious," Guite said.

In October, Abrams became a father. He has yet to see his baby, Guite said.

While out of jail, Guite said, "He will be fully engaged in taking care of his baby."

Details of the incident that led to Abrams' arrest in the City of Batavia on Aug. 28 are not available. There was no press release at the time of his arrest and today the Batavia PD computer system is down so the information isn't available. (Correction: There was a press release, but Abrams' name was redacted from the initial release by Batavia PD, so we couldn't find the prior publication.)

Abrams was originally charged with three counts of attempted assault in the first degree, along with the reckless endangerment charge, obstructing governmental administration, 2nd, and harassment, 2nd.

UPDATE: At 5:46 p.m., Aug. 29, Batavia PD responded to a disturbance at Burger King at 230 West Main St., Batavia, where a person was reportedly struck by a vehicle. Abrams reportedly fled the scene and was apprehended on West Main Street.

His plea satisfies all six charges along with any pending traffic tickets.

As for the Oct. 30 incident, Deputy Andrew Hale handled the case and Hale said today that the arrest was the culmination of about a week of deputies dealing with Abrams.

He said there was an incident at a gas station on the reservation where Abrams allegedly got into a fight with a patron and the owner of the gas station asked Hale to arrest Abrams, whom he said was previously barred from the property, for trespass.

There was another incident, Hale said, where Abrams allegedly hit an employee at a smoke shop. The State Police handled that incident.

Hale sought an arrest warrant for Abrams and received it Oct. 30.

That day, there was a traffic accident on Route 77 and traffic was redirected down Meadville Road. According to Hale, Abrams and his friends, whom Hale said had all been drinking, decided to set up a roadblock and charge a toll for motorists coming onto the reservation. 

Troopers responded and Abrams and his friends challenged the troopers to a fight. Hale was notified and he responded because he had the warrant for Abrams.

Upon his arrival, Abrams was positioned behind cars, near a house and a tree line.

According to Hale, Abrams yelled, "You want to play with guns. I'll play with guns."

He also threatened to shoot Hale and Deputy Lonnie Nati.

He then started to reach into a vehicle and Hale said he warned Abrams not to reach for a gun. At that point, Abrams went into the residence and Hale and Nati circled around to the back of the house. When Abrams came out, there was a brief confrontation and then Hale and Nati managed to take Abrams into custody.

No weapons were recovered at the scene, but the house was not searched because the deputies did not have a search warrant for the residence.

December 11, 2017 - 10:28am
posted by Howard B. Owens in crime, news, batavia, notify, byron, pembroke, Bethany, Alabama.

James J. Spivey, 19, of Oak Street, Batavia, is charged with robbery, 2nd. Spivey is accused of forcefully taking property from another person at 2:25 p.m., Oct. 25, while on Park Avenue, Batavia. He was jailed without bail.

William G. Schultz, 43, of Evans Street, Batavia, is charged with criminal possession of stolen property, 5th. Schultz was allegedly found in possession of stolen property -- the property is not specified -- while at 1 W. Main St., Batavia. The original incident was reported at 11:46 p.m. Oct. 6 at a residence on Union Street, Batavia. Schultz was jailed on $2,500 bail.

Cameron Robert Lochren, 23, of Broadway Road, Darien, is charged while driving while ability impaired by drugs, driving without headlines, and driver's view obstructed. Lochren was stopped at 12:58 a.m. Friday on Railroad Street, Alexander, by Deputy Patrick Reeves. Lochren was jailed on $1,250 bail or $2,500 bond.

Robert David Cummings III, 31, of Akron Road, Pembroke, is charged with criminal mischief, 4th. Cummings is accused of damaging the property of another person at 3 p.m. Friday at a location on Phelps Road, Pembroke. 

Amie Lin Santiago, 31, of Hindsburg Road, Albion, is charged with unlawful possession of marijuana. Santiago was stopped for an alleged traffic violation at 1:47 a.m. Saturday on Roberts Road, Alabama, by Deputy Jeremy McClellan.

Alex A. Applegate, 21, of Upper Holley Road, Holley, is charged with DWI and moving from lane unsafely. Applegate was charged following an investigation into a motor-vehicle accident Saturday on Route 237 in Byron. The accident was investigated by Deputy Travis DeMuth.

Gerald Jacob Farrell, 24, of Nunda-Byersville Road, Nunda, is charged with DWI, driving with a BAC of .08 or more, and failure to keep right. Farrell was stopped at 12:28 a.m. Sunday on Ellicott Street Road, Bethany, by Deputy Jeremy McClellan. 

December 9, 2017 - 2:53pm
posted by Billie Owens in Grand Jury, Stafford, crime.

Carlos M. Colon is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Aug. 18 in the Town of Stafford that Colon knowingly possessed stolen property with intent to benefit himself or a person other than an owner, or to impede the recovery by an owner, and the value of the property exceeded $100. The property in this case is a motor vehicle, a 2008 Honda Pilot.

In count two, the defendant is accused of third-degree criminal possession of stolen property, a Class D felony. It is alleged in count two that he knowlingly possessed stolen property that exceeded $3,000 in value -- the 2008 Honda Pilot.

In count three, Colon is accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged that on Aug. 18 in Stafford, that he drove the Honda Pilot.

In count four, he is accused of aggravated unlicensed operation in the third degree, a misdemeanor, for driving the Honda Pilot on Route 33 in Stafford while knowing, or having reason to know, that his driving privilege in New York was suspended or otherwise revoked by authorities.

December 8, 2017 - 11:12am
posted by Howard B. Owens in crime, batavia, news.

A larceny has been reported in the area of Burger King in Batavia.

The suspect took the caller's phone and ran.

Last seen at 23 Oak St., Batavia.

Maybe running toward Burger King.

The suspect is a black male wearing a black hoodie and sweatpants.

UPDATE 11:18 a.m.: A police officer is following possible tracks on Holland Avenue.

December 7, 2017 - 9:22am
posted by Howard B. Owens in crime, news, batavia, notify.

Zoe A. McClure, 48, of Bank Street, Batavia, is charged with identity theft, 2nd. McClure is accused of opening a credit card account in the name of another person and using that card to charge more than $500. McClure was arraigned in City Court and released under supervision of Genesee Justice.

William Gordon Schultz Sr., 43, no permanent address, is charged with petit larceny. Schultz is accused of shoplifting from Walmart at 3:20 a.m. Wednesday. He was jailed on $250 bail, $2,000 bond. Schultz was also arrested on a warrant for an unspecified violation of a family court act. He was jailed on $250 bail, $2,000 bond on this charge.

Samuel R. Thompson, 62, of York Street, Rochester, is charged with criminal mischief, 4th. Thompson is accused of writing on the outside of the building of Kwik Fill, 99 Jackson St., Batavia, at 3:38 p.m., Dec. 1, in permanent marker. He was jailed on $1,500 bond.

Christopher J. Campbell, 39, of Batavia, is charged with false personation. Campbell was arrested by State Police in relation to an incident reported at 5:15 p.m., Tuesday. No further details released.

December 6, 2017 - 9:42pm
posted by Howard B. Owens in crime, Pavilion, news, notify.
muzzymugshotdec2017.jpg
       Phillip Muzzy

A Lackawanna resident has been identified as a suspect in a pair of "smash and grab" burglaries in Pavilion on Oct. 22.

Phillip S. Muzzy Jr. is accused of burglaries at Crosby's and Pavilion Farms.

Muzzy, who is currently an inmate in the Erie County Holding Center on unrelated charges,  was charged with two counts of third-degree burglary, second-degree criminal mischief, third-degree criminal mischief, and grand larceny, 4th.

Bail was set at $15,000 or a $20,000 bond.

The burglaries were investigated by Investigator Chad Minuto with assistance from Deputy Travis Demuth, Deputy Jenna Ferrando, Sgt. John Baiocco, the Warsaw Police Department, and the Erie County Sheriff's Office.

December 6, 2017 - 9:29pm
posted by Howard B. Owens in crime, news, batavia.

Brandon Seppe, who had pled guilty to a burglary reported in July, was sentenced today to one-and-a-half to three years in state prison under what is known as a "Willard" sentence, giving him a chance to complete a drug treatment program.

The 33-year-old Batavia resident was also involved in an accident in June on Veterans Memorial Drive where he was found to be driving while impaired by drugs.

Under today's sentence in County Court on the burglary guilty plea, the Department of Corrections will send Seppe to a Willard drug treatment program and if he completes it successfully, he will be released on parole.

December 6, 2017 - 1:05pm
posted by Howard B. Owens in crime, news, Darien, notify.

A 22-year-old Darien Center resident involved in a rollover accident yesterday morning has been charged with driving while impaired by drugs.

Devon M. Lennon is accused of driving his 2001 Toyota sedan east on Bowen Road at 11:54 a.m. when he missed a curve and left the roadway along the left shoulder of Bowen Road. The vehicle struck a mailbox and rolled over down a hill. The car came to rest on its roof.

According to the accident report by Deputy Lonnie Nati, Lennon said he looked down to light a cigarette, causing him to miss the curve.

Lennon, who was not injured, was also charged with driving left of pavement markings in a no-passing zone.

The Church Road resident was released on an appearance ticket.

December 5, 2017 - 4:28pm
posted by Howard B. Owens in crime, batavia, news.
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Karrie Morrow-Paine

Karrie Morrow-Paine, 34, of South Main 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. 

Morrow-Paine allegedly sold a quantity of crack cocaine on two occasions to an agent of the Local Drug Task Force.

She was arrested on a warrant stemming from a sealed Grand Jury indictment during an investigation into an unrelated complaint in Batavia by Batavia police officers.

The arrest is the result of an investigation by the task force into the transportation, sale, and possession of crack cocaine in the Town of Batavia.

She was jailed without bail pending arraignment Monday.

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