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May 18, 2017 - 5:15pm
posted by Billie Owens in crime, news, Stafford, elba, Oakfield, batavia.

Robert R. Richmond, 53, of Wood Street, Batavia, is charged with possessing an obscene sexual performance by a child less than 16, and possessing a sexual performance by a child less than 16. Richmond was arrested following an investigation and he is accused of using a publicly accessible computer to view child pornography. The incident occured at 10:15 a.m. on Jan. 20 at an unspecified location in Batavia. Richmond was issued an appearance ticket for City Court at 1 p.m. next Tuesday, May 23. The case was investigated by Batavia Police Det. Eric Hill. (According to Batavia PD, no mug shot is available of the defendant.)

Charles Gregory Monacelli, 43, of West Bacon Road, Albion, is charged with petit larceny. On May 13 at 10:30 a.m., while attending Bontrager's Auction on Wortendyke Road in the Town of Batavia, he allegedly removed a tailgate from a pickup truck that was parked on the side of the road and drove off with it. He was arrested on May 14 and is due in Town of Batavia Court on June 13. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

Roy Derwood Hooten, 56, of South Main Street, Oakfield, is charged with promoting prison contraband. Hooten was jailed on May 16 at 3:40 p.m. for an unspecified reason and when he entered the jail he had a walking cane, according to the Sheriff's report. Allegedly later than evening, the cane was found to contain 10 cigarettes. Today, he was charged with promoting prison contraband. Hooten is due in City Court on May 30 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Joseph Loftus.

Matthew Brian Starowitz, 28, of Whitney Mill Road, Elba, is charged with unlawful possession of marijuana and a muffler exhaust violation. Starowitz was stopped at 11:42 p.m. on May 12 on Byron-Holley Road, Stafford, following the observation of a vehicle and traffic violation. The defendant allegedly possessed a quantity of marijuana on his person at the time. He was issued an appearance ticket for Town of Stafford Court on June 16. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Howard Wilson.

Bryan Charles Greek, 31, of Electric Avenue, Rochester, is charged with unlawful possession of marijuana. At 1:40 a.m. on May 13, the defendant was arrested for unlawful possession of marijuana following a traffic stop on Clinton Street Road in Stafford. He allegedly possessed a "rolled cigar" containing marijuana. Greek was issued an appearance ticket for June 16 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Ryan Young.

May 17, 2017 - 4:07pm
posted by Billie Owens in crime, news.

Today it was announced that Genesee County District Attorney Lawrence Friedman has been assigned to be the Special Prosecutor in the case of two Orleans County Sheriff's deputies charged with crimes related to working for a private company while clocked in for law enforcement duties.

State Police Troop A in Batavia announced the arrest today of Orleans County Sheriff's Sgt. Dean Covis, of Albion, and Deputy Thomas Marano, of Brockport. Each is charged with one count of third-degree grand larceny and one count of first degree falsifying business records.

An investigation conducted by the New York State Police Major Crimes unit allegedly revealed that between November 2013 and January 2015, Sgt. Covis and Deputy Marano received payments from a private company they worked security for, after filing false time sheets, when in fact they were simultaneously working at the Orleans County Sheriff’s Office.

Covis and Marano were arraigned before Niagara County Court Judge Sara Sheldon in the Orleans County Court then released on their own recognizance.

In an interview with WBTA, Friedman said when asked how the case came to light "People apparently heard this was going on and reported it...I do not know for certain when the allegations were first made, but it has only been in the last few months that the State Police got involved and conducted their investigation."

Friedman said it's not illegal to work a second job when you are not working for the Sheriff's Office; but being paid for working in law enforcement while actually doing security detail for a private company is.

The company the defendants allegedly worked 12-hour security shifts for is Brookfield Renewable Energy Partners, which operates Waterport Dam in the Town of Carlton in Orleans County.

The DA said additional charges are possible.

"I'm thinking, specifically, the grand larceny charge would be one count, encompassing the entire relevant period of time," Friedman said. "Falsifyinging business records -- only one count was filed, but it could be multiple counts, one for each of the records that is alleged to have been falsfied."

May 17, 2017 - 9:44am
posted by Howard B. Owens in crime, batavia, corfu, news.

Shane Zimblis, 46, of Buell Street, Batavia, is charged with fourth-degree criminal mischief and criminal obstruction of breathing. Zimblis was arrested following a manhunt yesterday morning that involved deputies and troopers and two K-9s in the area of Wortendyke Road, Batavia. The alleged crime was first reported at 1 a.m., Tuesday, and Zimblis was located around 7:30 a.m., reportedly attempting to flee on a motorbike in the wooded area near Wortendyke and Rose Road. He eventually was taken into custody by Deputy Kevin McCarthy after walking out to the parameter of the search area. Assisting were Deputy Andrew Hale, Deputy Lonnie Nati, Deputy Patrick Reeves, Deputy Chris Erion with "Destro," Trooper Eric Daigler, Trooper Palizay, Trooper Frank Veletta and K-9 "Paris." Zimblis was jailed on $500 bail. (Initial Post)

Elaine Heather Gearman, 31, of Park Street Arcade, and Douglas Robert Pasinski, 33, of Middle Road, Springville, are charged with petit larceny. Gearman and Pasinkski are accused of shoplifting from the Dollar General in Corfu.

Lachian Case Kellogg, 23, of Lancaster Avenue, Buffalo, is charged with aggravated unlicensed operation, 3rd. Kellogg was arrested on a warrant out of City Court and jailed on $1,000 bail.

May 16, 2017 - 7:37am
posted by Howard B. Owens in crime, batavia, news.

A subject who is wanted in connection with possible criminal mischief complaint stemming from an argument is trying to evade deputies in the area of Wortendyke Road, Batavia.

He reportedly tried escaping on a dirt bike but now may be pushing the bike through the mud.

A State Police bloodhound K-9 has been dispatched to assist in the search.

May 15, 2017 - 5:46pm
posted by Howard B. Owens in crime, batavia, news.

A Batavia woman who bilked more than $330,000 from elderly victims is having a hard time meeting her restitution obligation now that she's finished serving five years in prison and is looking for some financial relief. 

"We're not suggesting she live in luxury," said Public Defender Jerry Ader. "We're only talking about a residence that is not her daughter's couch."

In an accounting of Heidi L. Schollard's expenses, Ader says she's paying her daughter $250 a month to help with rent, plus utilities and transportation costs (Schollard is working for a temp agency, but doesn't own a car, so her daughter provides transportation.). With all of Schollard's other expenses, she still has about $742 left over, but she is unable to save enough for first month's rent and security deposit. 

Ader said she is seeking not only a possible reduction in monthly restitution, but also at least a month's break from payments so she can save enough to move. 

County Court Judge Charles Zambito said he did have enough information and detail to make a determination on the request. The case was continued to give Ader time to gather more documentation. 

Zambito said Schollard was entitled to the court's consideration for reasonable restitution.

District Attorney Lawrence Friedman opposed any modification. He said the circumstances of Schollard's case hasn't changed since the day five years ago when then Judge Robert Noonan issued the $500-a-month order. 

The fact that Schollard has $742 left over each month might mean she can actually afford to pay more and paying restution shouldn't be easy, says Friedman.

"Considering the age of the victims in this case, she could pay double the current amount and still not make any substantial restution in their lifetimes," Friedman said.  

Friedman expressed concern that in a revised monthly budget, any speculation about her rent could lead to her saying she found an apartment she wanted at $700 a month. 

Ader said the revised affidavit would not contain any speculation. 

Schollard stole the money from two elderly victims between 2006 and 2011. She pled guilty in 2012 to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony. She was sentenced to the maximum possible prison term by Noonan. 

Friedman said Schollard is already on shaky ground for alleged willful failure to pay restitution and could face a return to prison as things stand. Ader disputed that point, but said he would argue it, if necessary, at a future date. 

By this point, Schollard should have paid $1,500. She's paid $1,200.

(Inset is a file photo of Heidi L. Schollard.)

May 15, 2017 - 10:23am
posted by Howard B. Owens in crime, batavia, bergen, Stafford, Alabama, byron.

Two 16-year-olds, one a resident of Jerico Road, Bergen, and the other a resident of Shady Lane, Batavia, are charged with criminal mischief, 3rd. The youths are accused of using a sledgehammer to damage a concrete picnic table and bench seats in Hickory Park, Bergen, causing more than $250 damage.

Brian Wayne Giambrone, 27, of Byron Holly Road, Byron, is charged with unlawful possession of marijuana. Giambrone was stopped at 11:42 p.m., Friday, on Route 237, Stafford, by Deputy Howard Wilson.

Ahmed Dhalfallah Alshami, 37, of Ludington Street, Buffalo, is charged with aggravated unlicensed operation, 2nd. Alshami was arrested on a warrant for alleged failure to appear on his case in Pembroke Town Court. He was jailed on $3,000 bail or $5,000 bond.

Tony Gene Marsh, 47, East Boston Road, Mamaroneck, is charged with unlawful possession of marijuana. Deputy Jeremy McClellan was dispatched Lewiston Road, Alabama, to check on a report of a suspicious vehicle in the lane way of a farm field. Marsh was allegedly found in possession of marijuana and smoking paraphernalia.

Stephanie Ann Bonin, 22, of Denio Street, Batavia, is charged with petit larceny. Bonin was arrested on a warrant for alleged violation of probation and jailed on $5,000 bail.

May 14, 2017 - 5:15pm
posted by Billie Owens in Stafford, Pavilion, alexander, crime, news, Grand Jury.

David L. Handley Jr. is indicted for the crime of third-degree burglary, a Class D felony. On Feb. 12, it is alleged that the defendant entered a convenience store on Telephone Road in the Town of Pavilion with the intent to commit a crime. In count two, it is alleged that on the same day, Handley commited the same crime at a construction company on Route 237 in the Town of Stafford. In count three, Handley is accused of petit larceny, a Class A misdemeanor, for allegedly stealing "a white trash can and tools" from the construction company in Stafford.

Tracy A. Hilton is indicted for the crime of first-degree criminal contempt, a Class E felony. On Feb. 18 in the Town of Alexander, the defendant allegedly violated a duly served order of protection to stay away from a certain person. In Special Information filed with the indictment, District Attorney Lawrence Friedman accuses Hilton of having been convicted of the same crime within the previous five years, on June 2, 2014.

May 12, 2017 - 6:51pm
posted by Billie Owens in crime, news, Le Roy, batavia, Oakfield, pembroke.

Daniel Lee Green, 47, of Randall Road, Le Roy, is charged with second-degree unlawful surveillance, a felony. He is accused of installing "an imaging device in a location where there was a resonable expectation of privacy." The incident time and date was 4 p.m. on April 25 in the Town of Le Roy. No other details were provided in the report. The investigating officer was Genesee County Sheriff's Youth Officer John Dehm. Green was arraigned in Town of Le Roy Court.

Darrell D. Smith, 50, of Bank Street, Batavia, is charged with: first-degree coercion; first-degree unlawful imprisonment; second-degree menacing; fourth-degree criminal mischief; criminal obstruction of breathing; fourth-degree unlawful possession of a weapon; and criminal tampering. Smith was arrested at 3:43 a.m. on May 6 following a disturbance at 7 Hutchins St., upper. Smith was jailed without bail and was due to reappear in City Court later on May 6. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Felicia DeGroot.

Joseph Bailey James, 36, of Highland Park, Batavia, is charged with: second-degree assault; third-degree criminal mischief; fourth-degree criminal mischief; resisting arrest; and second-degree harassment. James was arrested at 2:55 a.m. on May 7 at 34 Columbia Ave., Batavia. He was jailed without bail and was due in City Court May 8. The case was handled by Batavia Police Officer Eric Bolles, assisted by Officer Peter Flanagan.

Matthew Robert Reiner, 29, of Pearl Street, Batavia, is charged with: aggravated DWI -- a BAC of .18 percent or more; DWI, first offense; unreasonable speed through a yield sign; failure to yield right of way at a yield sign; and moving from lane unsafely. Reiner was arrested at 12:37 a.m. on May 12 on Route 98 in Elba after a one-car accident. He was issued appearance tickets for Town of Elba Court on June 14 and released after processing. The case was handled by Genesee County Deputy Howard Wilson, assisted by Deputy Howard Carlson.

Mary K. Shaffer, 38, of State Street, Batavia, is charged with second-degree harassment. She was arrested at 7:09 p.m. on May 5 at 107 State St. after a domestic incident wherein Shaffer is accused of hitting another person in the face. She is due in City Court May 16. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Matthew H. DeLosh, 26, of South Swan Street, Batavia, is charged with: aggravated unlicensed operator -- under the influence of alcohol; DWI -- first offense; and DWI -- with a BAC greater than .08 percent. DeLosh was arrested at 10:54 a.m. on May 8 on Ellicott Street following a traffic stop. Upon further investigation, it was learned that his driving privilege was previously suspended for a prior alcohol-related offense. He was released under supervision of Genesee Justice and is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Office Jamie Givens.

Deborah S. Rodriguez, 49, of Farnsworth Avenue, Oakfield, is charged with criminally using drug paraphernalia, 2nd, a Class A misdemeanor, and aggravated unlicensed operation, 3rd, a misdemeanor. The defendant was arrested May 11 by the county Local Drug Enforcement Task Force in the afternoon following a traffic stop on Holland Avenue in the City of Batavia. She was alllegedly found in possession of drug paraphernalia and to be operating a motor vehicle with a suspended driver's license. She was issued appearance tickets returnable to City Court on May 23.

Thomas A. Gilliatt, 51, of State Street, Batavia, is charged with criminal possession of a controlled substance, 7th, a Class A misdemeanor. The defendant was arrested May 10 by the county Local Drug Enforcement Task Force, which was conducting a surveillance in the School Street municipal parking lot in Downtown Batavia when members allegedly witnessed what appeared to be a drug transaction. The task force conducted an investigation and allegedly found Gilliat in possession of a quantity of hydrocodone pills. He was arrested and issued an appearance ticket for City Court May 16.

James R. Smahol, 31, of Coronado Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic needle. He was stopped at 7:05 p.m. on May 11 on Genesee Street in Pembroke following a traffic complaint. Smahol was allegedly found in possession of three packages of Suboxin without a prescription, plus several baggies of suspected heroin, and three hypodermic needles. He was released on an appearance ticket for Town of Pembroke Court on June 20. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Lonnie Nati.

Danielle M. Rozell, 35, of West Main Street, Batavia, is charged with two counts of DWI. She was arrested at 2:05 a.m. on May 7 following a report of a possibly intoxicated female operating a vehicle at a gas station. She was issued appearance tickets and is due in City Court on May 24. The case was handled by Batavia Police Officer Felicia GeGroot, assisted by Officer Eric Bolles.

Corey Green, 22, of Smith Street, Warwick, R.I., and three others whose ages and residences were not provided -- Sean A. Goncalves, Bala G. Belmiro and Fernando Campos Roldan -- are all charged with soliciting without a permit. On May 5 at about 10:30 a.m., Batavia Police officers Frank Klimjack and Kevin DeFelice responded to the area of 400 E. Main St. for the report of subjects soliciting for cellular service, according to the police report. During the investigation, it was discovered that the employees did not have permits issued by the City of Batavia Clerk's Office. They were arraigned in City Court where they each pled guilty and were fined $150. They were released after paying their fines. 

Mathew John Heimbrecht, 28, of Delaware Avenue, Buffalo, is charged with resisting arrest, trespass, and unlawful possession of marijuana. He was arrested  May 9 on a bench warrant for charges issued on April 6 on Park Road in Batavia. He was arraigned in Town of Darien Court and put in Genesee County Jail in lieu of $750 cash or $1,500 bond. He is due in court May 23. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by a sargeant.

Jared D. Elliott, 19, of Keeney Road, Le Roy, is charged with unlawful possession of marijuana. He was stopped at 12:32 a.m. on East Main Street in Batavia and allegedly found to possess marijuana. He was issued an appearance ticket for May 23 in City Court, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer James Ivison.

Justin W. Bird, 28, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Bird was arrested on West Main Street in Batavia at 7:05 p.m. on May 7 following an investigation into a complaint and he was allegedly found to possess marijuana. He was issued an appearance ticket for City Court on May 16, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Nicole McGinnis.

Amar S.M. Zainelabdin, 29, no permanent address, is charged with failure to appear on an appearance ticket. Zainelabdin was located by the Erie County Sheriff's Office and turned over to BPD on a City Court arrest warrant. The defendant is scheduled to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

May 12, 2017 - 5:13pm
posted by Howard B. Owens in crime, Le Roy, news, Attica.
mugleonardehahniv2017.jpg
      Leonard Hahn

Leonard E. Hahn IV, who committed his sexual assaults on young children when he was only 17, will spend 10 years in prison and then spend another 20 years on parole, Genesee County Court Judge Chuck Zambito determined this afternoon.

Zambito could have considered Hahn for youthful offender status, but that would have limited his maximum prison term to only two years and then once released, Hahn would not have been required to register as a sex offender.

Hahn, now 18, is clearly a threat to children in the community, Zambito said.

"I think it will be important for the public to know who you are and where you are," Zambito said.

The 10-year term was the maximum number of years Zambito could give Hahn under the terms of the plea arrangement.

The plea saved the victims from being forced to testify and trial.  His guilty plea was connected to a single victim, whom Hahn assaulted in a bathroom even as other people were in the residence, according to Assistant District Attorney Melissa Cianfrini.

The victim, just a child, was traumatized by the rape, Cianfrini said.

"She didn't even understand what was going on," Cianfrini said. "This is going to trouble her for years and years to come."

Defense Attorney Lisa Kroemer  said Hahn regretted his actions -- Hahn didn't speak in court -- but suggested that even he didn't comprehend his crime.

"I understand the seriousness of the crime," Kroemer  said. "I understand that this happened to a young child, but I'm not even sure he understands why this occurred."

The investigation into Hahn's crimes began with a single complaint from a student at school and included law enforcement officials in Genesee and Wyoming counties.

During the investigation, additional children came forward and made similar allegations. 

Hahn was initially charged with multiple counts of rape.

All of the children involved under 11 years old. 

Zambito said he put Hahn on parole for 20 years, the maximum time period available under the law, because Hahn will still be only 28 years old when he gets out of prison.

May 12, 2017 - 4:48pm
posted by Howard B. Owens in crime, batavia, news.
kimdiamondmug2016.jpg
      Kim Diamond

A former UMMC employee who was stealing medical equipment and selling it on eBay entered a guilty plea in Genesee County Court to grand theft, 3rd, a step down from the original charge of second-degree grand theft, and agreed to pay $30,000 in restititution.

District Attorney Lawrence Friedman said she already paid back $10,000 and will make payments of $344 per month for five years in order to pay off the balance. 

The plea deal could still lead to a prison term for 48-year-old Kim Diamond, of Livingston County, of two-and-one-third to seven years, or she could get probation when she's sentenced on Aug. 14.

May 8, 2017 - 4:37pm
posted by Howard B. Owens in crime, batavia, news, pembroke, Oakfield, alexander, Le Roy, byron.
brodskymug2017.jpg
Jeffery Brodsky

Jeffery M. Brodsky, 45, of Morrow Road, Hilltop Acres, Covington, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Brodsky is accused of providing cocaine in both Genesee and Wyoming counties. He is accused of selling cocaine to an agent of the Local Drug Task Force in Genesee County on two occasions. He was jailed pending a bail review.

Travis L. Bartz, 21, of Trumbull Parkway, Batavia, was arrested on a warrant while being held in the Genesee County Jail on unrelated charges.

Devon D. Rogers, 30, of Pearl Street, Batavia, is charged with harassment, 2nd. Rogers was allegedly involved in an incident reported at 1:50 a.m., May 2, on Pearl Street, Batavia.

Amanda L. Dixon, 31, of Oak Orchard Road, Albion, was arrested on a warrant for alleged failure to appear. Dixon allegedly failed to appear in City Court on a traffic violation. She was arrested by Medina PD and turned over to Batavia PD. Dixon posted $500 bail and was released.

Kimberly M. Douglas, 35, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to appear. Douglas allegedly failed to appear for a previous court date.

Michael Adam Jude Salter, 36, of North Service Road, Beamsville, Ontario, Canada, is charged with petit larceny and harassment, 2nd. Salter was allegedly involved in a domestic incident at 2:19 a.m. on May 1.

Garrett A. Jurewicz, 19, of Crittenden Road, Akron, is charged with DWI, driving while ability impaired by drugs, criminal possession of a controlled substance, unlawful possession of marijuana, and driving left of pavement marketings. Jurewicz was stopped at 2:30 a.m. on West Main Street Road, Batavia, by Deputy Howard Wilson.

Jacob Anthony Hazzard, 22, of Hudson Avenue, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, unauthorized stickers on rear window, insufficient tail lamps, and unlicensed operator. Hazzard was stopped at 9:59 p.m. Saturday on Drake Street, Oakfield, by Deputy Micheal Lute.

Brett Nelson Magoffin, 41, of Genesee Street, Pembroke, is charged with assault, 3rd. Magoffin is accused of assaulting another person during a dispute at 5:01 p.m., Thursday.

Michael Evan Wilson, 23, of Macedon Center Road, Palmyra, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, speeding, and unregistered motor vehicle. Wilson was stopped at 3:06 a.m. Friday on Lake Street Road, Le Roy, by Deputy Ryan Young.

A 17-year-old resident of Telephone Road, Pavilion, is charged with unlawful possession of marijuana. The youth was charged following an investigation into a reported suspicious condition in the parking lot of Alexander Deli in the Village of Alexander by Deputy Eric Meyer.

Linda Eileen Grimes, 52, of Transit Road, Elba, is charged with endangering the welfare of a child and unlawful imprisonment, 2nd. Grimes is accused of physically preventing a 13-year-old from leaving a room in a residence in Byron and of allegedly touching the youth inappropriately.

Darrel T. Wilder, 29, of Bates Road, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to notify DMV of address change, drinking alcohol in a motor vehicle on a highway. Wilder was stopped at 11:45 p.m. April 29 on Route 33, Stafford, by Deputy Kyle Krzemien.

May 4, 2017 - 5:49pm
posted by Billie Owens in Grand Jury, indictments, batavia, Pavilion, crime, news.

Christopher R. Stowell is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 6 in the Town of Pavilion, that Stowell rode a 2006 Suzuki motorcycle in a westerly direction on Route 20 and did so while holding a conditional driver's license and also did so while under the influence of alcohol. In count two of the indictment, the defendant is accused of the offense of driving while ability impaired by alcohol, a violation. In count two, it is alleged that his ability to operate the Suzuki at the time was impaired by the consumption of alcohol. In count three, Stowell is accused of operating a motor vehicle in violation of the terms of a conditional driver's license. It is alleged that at the time he rode the motorcycle, he did so for a use other than authorized by the vehicle and traffic law section (1196-7(a)) of the conditional license. In count four, he is accused of second-degree assault for allegedly recklessly causing serious physical injury to another person by means of a dangerous instrument -- a motor vehicle, in this case, a motorcycle. Also, in Special Information filed by the District Attorney, Stowell is accused of having been convicted of driving while ability impaired by consumption of alcohol on Aug. 16 in the Village of Geneseo Court and that this conviction formed the basis of the conditional license referred to in counts one and three.

Jason E. Carpenter is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Feb. 26 on Liberty Street in the City of Batavia that Carpenter, with intent to cause serious physical injury to another person, caused such injury to a person.

Willie A. Sabb Jr., AKA Willie A. Saab Jr., is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29 the defendant knowingly entered or remained unlawfully in a dwelling on Lyon Street in the City of Batavia with intent to commit a crime. In count two of the indictment, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two, that on Jan. 29, in violation of a duly served order of protection, he -- with intent to harass, annoy, threaten or alarm the protected party -- struck, shoved, kicked or otherwise subjected that person to physical contact, or he attempted or threatened to do so.

May 4, 2017 - 5:03pm
posted by Billie Owens in crime, news, batavia, Le Roy.

Melanie M. Matesz, 51, of Dellinger Avenue, Batavia, is charged with third-degree criminal mischief. She was arrested at 9:38 p.m. on April 30 on Dellinger Avenue following a domestic incident wherein she alllegedly intentionally damaged property in excess of $250. She was jailed without bail and was due in City Court on May 1. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Bolles.

Marissa M. Lehto, 27, of Washington Avenue, Batavia, is charged with petit larceny. At 2:14 p.m. on April 27, Lehto was arrested for allegedly shoplifting more than $200 in groceries from Top's Market on West Main Street in Batavia. She was jailed and due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Kevin DeFelice.

Elijah J. Richardson, 20, of Maple Street, Batavia, is charged with third-degree robbery, petit larceny and second-degree harassment. He was arrested on April 30. It is alleged that at 4:58 p.m. on April 29 that Richardson forcibly stole property from another person on Thorpe Street in Batavia. He was jailed without bail and was due back in court May 1. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Arick Perkins.

Richard Dean McKague Jr., of West Main Street Road, Batavia, is charged with first-degree contempt and second-degree harassment. He was arrested at 7 a.m. on May 1 on West Main Street Road for allegedly striking his girlfriend during a domestic dispute, in violation of a duly served "refrain from" (contact) order of protection. He was arraigned in Batavia Town Court and released on his own recognizance and is due back in court on June 26. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

The Le Roy Police Department arrested 21-year-old David J. Welninski, of 285 Skyview Drive, Arcade, and a 17-year-old female after a complaint and subsequent traffic stop in the Village of Le Roy. The complaint was received on May 2 at about 7:25 p.m. in which the caller stated she allegedly observed the female in the vehicle wrapping Welninski’s arm and then using a needle to inject him. The vehicle was located on Route 19 in the Village of Le Roy and after a brief investigation, needles and heroin were allegedly found inside the vehicle. Both Welninski and the 17-year-old female were arrested and charged with criminal possession of a controlled substance and criminal possession of a hypodermic instrument and were issued appearance tickets to face the charges at a later date.

Timothy Michael Weinstein, 45, of West Main Street, Batavia, is charged with first-degree criminal contempt, and aggravated family offense. He was arrested on May 3 after allegedly making several phone calls to a protected party. He was jailed and is due in City Court at a later date. The case was handled by Genesee County Sheriff's Deputy Andrew ale.

On April 28, Tatiana C. Lugo, 22, of Hutchins Street, Batavia, was arrested and charged with second-degree criminal contempt. It is alleged that on April 24 at 2:42 p.m., Lugo violated a complete stay away order of protection. She was issued an appearance ticket for May 2 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Mitchell Cowen.

Elizabeth A. Finnin, 47, of South Swan Street, Batavia, is charged with petit larceny. At 7:18 p.m. on April 29, Finnin allegedly stole a pack of cigarettes from the Family Dollar store on East Main Street in Batavia and was quickly apprehended. She was issued an appearance ticket for May 2 in City Court. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Eric Bolles.

James J. Spivey, 19, of Holland Avenue, Batavia, was arrested at 1 p.m. on May 2 on a bench warrant issued out of City Court following his alleged failure to comply with court conditions. He was jailed with unspecified bail and is due in court on May 16. The case was handled by Batavia Police Officer Mitchell Cowen.

Eric M. Smith, 31, of Iroquois Road, Caledonia, was arrested at 9:22 p.m. on May 1 on a City Court bench warrant. He was jailed on $1,500 bail or bond and was due back in court today (May 4). The case was handled by Batavia Police Officer Christopher Lindsay.

May 4, 2017 - 3:20pm
posted by Howard B. Owens in crime, batavia, news.

Marlet Holmes

A Level 3 sex offender facing multiple indictments on sexual assault and other charges entered a guilty plea today to attempted criminal sexual act in the first degree.

That's a Class C violent felony.

The plea means there will be no trial next week for Marlek Holmes, 42, who if he had been convicted at trial of the Class A felonies of predatory sexual assault and predatory sexual assault against a child would have faced a possible life term in state prison.

District Attorney Lawrence Friedman said Holmes said it was just "common sense" to enter the plea today.

Jury selection was to begin tomorrow in the trial of Holmes, who had not been scheduled to appear in County Court today until he decided to plea to the lesser included charge.

By pleading guilty, even as a second violent felony offender, Holmes reduces his possible life sentence to a maximum mandatory sentence of somewhere between seven and 15 years.

He will be sentenced at 9:30 a.m., May 30.

There are still four pending indictments against Holmes, with the most serious remaining charge being second-degree assault, a Class D violent felony.

"We will have to figure out later where we are going on the remaining cases," Friedman said.

May 3, 2017 - 3:56pm
posted by Howard B. Owens in crime, batavia, news.

Marlet Holmes Jury selection will take place Friday for the trial of a convicted child predator who is facing possible life in prison if convicted of new sexual assault charges.

Marlek E. Holmes will be tried on several charges, including two Class A felonies, predatory sexual assault and predatory sexual assault against a child.

The 42-year-old Holmes was arrested in the fall and has been held without bail because of the potential life term and his five prior felony convictions, including two violent felonies, and five prior violations of terms of probation.

While in custody, he also allegedly damaged jail property and was charged with criminal mischief. 

The Level 3 sex offender, who has also been accused of failure to register a change of address, was in court today for a pre-trial hearing where Judge Charles Zambito discussed with the attorneys a motion by defense attorney Fred Rarick to gain access to documents from another court proceeding. The documents are sealed by court order.

Zambito said he isn't convinced that Rarick has a legal right to the documents, especially to use them in the manner he intends to use them.

Rarick said he doesn't intend to introduce any of the actual documents as evidence, but would use the information gleaned from them during cross-examination of a witness.

Rarick also moved to have two charges dismissed since they are included and concurrent with other charges. Zambito said he motion was premature and he would reserve judgment until the appropriate time during the proceedings.

The trial is expected to begin Monday with witnesses being called through Wednesday.

May 3, 2017 - 11:14am
posted by Howard B. Owens in crime, batavia, news.

One of the four men accused of a home invasion burglary on Central Avenue in October was sentenced to five years in prison this morning by County Court Judge Charles Zambito.

Marquis Saddler entered a guilty plea March 31 to attempted burglary, 2nd, a class D violent felony, and admitted to being a second felony offender.

As a second felony offender, he faced a maximum prison term of from three to seven years.

District Attorney Lawrence Friedman sought the maximum and defense attorney Fred Rarick requested a three-year term.

After Saddler's five-year stint he will be placed on parole for five years.

Cases are still pending for Daniel Gilbert, Adante Davis and Oliver Thomas.

May 2, 2017 - 5:51pm
posted by Howard B. Owens in crime, batavia, Central Avenue, news.

One of four men allegedly involved in a home-invasion burglary in October on Central Avenue, Batavia, was supposed to be sentenced on a guilty plea in that case, but it turns out there is a disagreement between the attorneys in the case on what exactly was in the plea deal given to Daniel J. Gilbert.

At the start of the hearing, District Attorney Lawrence Friedman told Judge Charles Zambito that the agreed upon sentence was a straight-up five years in prison (a determinate sentence).

Zambito turned to defense attorney Thomas Burns and asked, "is that your understanding?"

"That's not accurate," Burns said. "That's not our position at all."

Zambito asked if Burns wished to discuss the plea on the record and Burns said he did not, so Zambito called for a recess and met with the attorneys in chambers.

When he returned he said that Burns would be able to file a position paper with supporting citations, and Friedman would be given a chance to answer.  Because of trial schedules and vacation schedules, Gilbert won't be back in county court for a hearing on the plea, and possible sentencing, until 11 a.m. on June 20.

Asked for more information outside of court on the particulars of the dispute, Friedman said he couldn't discuss it.

The cases for the other defendants, Oliver Thomas, Marquis Saddler and Adante Davis, are still pending.

May 2, 2017 - 5:28pm
posted by Howard B. Owens in crime, Stafford, news.

mug-jefftorrey2016.jpgA Stafford resident came close to seeing his prior guilty plea to a drug-dealing charge rejected by Judge Charles Zambito because of information contained in a pre-sentence report.

A letter from the Sheriff's Office said the activities of Jeffery D. Torrey Sr., give indications that he has been dealing drugs recently and a letter from Torrey's wife said he travels around with a bodyguard. 

"This is not a favorable PSI," Zambito told Torrey, before saying he did consider rejecting his prior guilty plea.

Instead, Zambito sentenced Torrey to six months in jail and five years probation.

Torrey had previously entered guilty pleas to criminal possession of a controlled substance, a felony, and criminal possession of a weapon, 4th, a misdemeanor. 

The Local Drug Task Force executed the warrant on Torrey's home in October. Agents found a grow operation inside his residence, a quantity of marijuana and cocaine, a set of metal knuckles, a gravity knife and U.S. currency.

Torrey made no statement when asked, prior to sentencing.

Undersheriff Greg Walker was head of the task force at the time and wrote the letter in the pre-sentence report expressing concern about Torrey's activities.

Zambito said he took the letter seriously.

"The Sheriff's Department doesn't often take a stand," Zambito said.

May 1, 2017 - 11:15am
posted by Howard B. Owens in crime, batavia, news, Alabama, Oakfield, Le Roy, Stafford.

Gannon D. McNall, 20, of Bank Street, Batavia, is charged with unlawful surveillance, 2nd. McNall is accused of setting up a camera to record a female acquaintance for the purpose of sexual arousal and/or gratification. He was jailed on $5,000 bail. He was also arrested on a warrant for alleged failure to appear on an unrelated incident.

Brandon James Nugent, 23, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, moving from lane unsafely and failure to keep right. Nugent was allegedly found asleep at the wheel of his running vehicle while it was parked on the shoulder of Sweetland Road, Stafford, at 6:28 a.m. Saturday, by Deputy Eric Meyer. When the deputy approached and woke Nugent, he reportedly put the vehicle in gear, drove east on Sweetland in the wrong lane and drove the vehicle off the north shoulder of the roadway. Deputy Meyer completed a field sobriety test and allegedly found Nugent in possession of marijuana during the investigation.

A 16-year-old resident of Trumbull Parkway, Batavia, is charged with petit larceny. The youth is accused of stealing money from a safe inside a residence where he was living at the time.

A 16-year-old resident of Wood Street, Batavia, is charged with harassment, 2nd. The youth allegedly threw scissors at another person striking the person in the back.

Joseph Marsceill, 32, of Lewis Place, Batavia, was arrested on a warrant. Marsceill was located during a home check by Probation and taken into custody by Batavia PD.

Jolynn M. Gorski, 37, of West Main Street Road, was arrested on a warrant for alleged failure to comply with court-ordered program or service. Gorski was jailed on $1,000 bail.

Priscilla M. Donahue, 38, of Liberty Street, Batavia, was arrested on a pair of warrants. Donahue was arrested by Batavia PD after being located in City Court on an unrelated matter. She was released under supervision of Genesee Justice.

Jacob L. Hernandez, 22, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear. Hernandez turned himself in.

Elizabeth A. Hicks, 34, of Jackson Street, Batavia, is charged with petit larceny. Hicks is accused of shoplifting at Tops on April 21. She was jailed on $1,500 bail.

Lori A. Keech, 46, of Main Road, Stafford, is charged with petit larceny. Keech is accused of shoplifting from Tops on April 12.

Kevin J. Weber, 46, of Columbia Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, disorderly conduct, and resisting arrest. Weber was arrested following a report of an incident at 12:26 a.m. April 23 on Columbia Avenue, Batavia. He was jailed on $2,500 bail.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with riding a bicycle on a sidewalk, inadequate lights, no bell/signal device. McNear was stopped at 8:12 p.m. April 26 at 10 Ellicott St., by Officer Arick Perkins.

Dander J. Cramer, 18, of Route 46, Dansville, is charged with riding a bicycle on a sidewalk. He was stopped at 8:34 p.m. April 26 at 117 Jackson St., Batavia, by Officer Peter Flanagan.

Gregory M. Munroe II, 29, of Harvester Avenue, Batavia, is charged with driving with a suspended registration and aggravated unlicensed operation, 3rd. Munroe allegedly failed to appear in City Court on these charged.

Lisa M. Burke, 48, of Maple Avenue, Batavia, is charged with petit larceny. Burke is accused of shoplifting at Kwik Fill on Jackson Street.

Haley Marie Findley, 24, of Mt. Read Boulevard, Rochester, is charged with unlawful possession of marijuana. Findley was charged following a traffic stop at 8:40 p.m. Friday on Judge Road, Alabama, by Deputy Micheal Lute.

Jason William Whitehead, 19, of Batavia Oakfield Townline Road, Oakfield, is charged with unlawful possession of marijuana, unlicensed operator, moving from lane unsafely, expired inspection and failure to use signal. Whitehead was stopped at 11:43 a.m. Saturday on Pratt Road by Deputy Michael Lute.

April 30, 2017 - 4:44pm
posted by Billie Owens in crime, news, bergen, Alabama, alexander.

Stephen Edward Edmonds, 53, of Dodgeson Road, Alexander, is charged with DWI, aggravated DWI -- driving with a BAC of .08 percent or higher, and failure to keep right. Edmonds was arrested at 1:34 a.m. on April 15 on Wilkinson Road, Batavia, for allegedly going over the center line of the roadway. He was allegedly intoxicated at the time. The defendant was released with appearance tickets for Batavia Town Court on May 4. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Kayla A. Ladue, 21, of Barry Road, Rochester, is charged with unlawful possession of marijuana and speeding in a 55-mph zone. Ladue  was arrested at 7:54 p.m. on April 27 on Clinton Street Road, Bergen. Following a traffic stop for allegedly speeding, it is alleged that Ladue had marijuana in her possession. She was issued an appearance ticket for Bergen Town Court on May 3. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Ryan DeLong.

Adam Stephen Terhaar, 23, of Torrey Pine Drive, Rochester, is charged with unlawful possession of marijuana. Terhaar was arrested at 9:09 p.m. on April 28 on Judge Road in Alabama following a traffic stop. The stop was made after a complaint of traffic offenses that had occurred. He was allegedly found to be in possession of a quantity of marijuana, a glass smoking pipe and a grinder. He was released on an appearance ticket for Alabama Town Court on May 30. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Deputy Michael Lute.

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