crime

     File Photo: Scott Doll

An attempt by Scott F. Doll to get his 2010 murder conviction overturned has hit a final state-level roadblock, with New York's Court of Appeals turning down a request for either a hearing or a new trial based on Doll's lack of legal right to seek the appeal.

An attorney for Doll, Timothy Murphy, argued in January 2016, before Interim County Court Judge Micheal Pietruszka, that his client should get a new trial because of what he believed was a mishandling of fingernail scrapings from the murder victim, Joseph Benaquist, and the possibility of third-party blood DNA on one of the boots of Benaquist.

Pietruszka denied the appeal and Murphy appealed to the Fourth Department of the New York Court of Appeals and a judge there ruled that the department wouldn't hear the appeal or grant a new trial.

Today, a judge with the state's Court of Appeals issued a ruling that said Doll was asking for an appeal on issues that were not appealable. 

For previous Scott Doll coverage, click here.

A caller in the area reports seeing a person with a shopping cart full of merchandise who walked from Walmart to Pawn King.

The caller suspects the items were stolen from Walmart.

A trooper is responding.

UPDATE 3:45 p.m.: When the trooper pulled up, the subjects left Pawn King and were last seen walking toward Office Max. They left the merchandise on the counter at Pawn King.

The Attica Police Department initiated an investigation into a violation of an order of protection between Juan A. Roman, 39, of Bergen, and a female victim.

A complete stay away order of protection had been issued July 21 by the City of Batavia Court from previous charges of unlawful imprisonment in the first degree, assault in the third degree and criminal obstruction of breathing or blood circulation between the defendant and the victim.

      Juan A. Roman

Roman was charged Aug. 14 with criminal contempt in the first degree – telephone communication, and criminal contempt in the first degree – prior conviction within five years.

An arrest warrant was obtained and Roman was found and taken into custody without incident with the assistance of the Genesee County Sheriff’s Office. He was arraigned in Wyoming County Court and put in Wyoming County Jail on no bail.

He was in Attica Village Court Monday where he was put back in jail on no bail due to several previous felony convictions, which include:

    • Sept. 5, 2008 – Charged with driving while intoxicated, ticketed with unsafe backing, unlicensed operation of a motor vehicle, moving from lane unsafely, and consumption of alcohol in the vehicle;

    • Feb. 4, 2009 – Charged with unlawful imprisonment in the first degree, assault in the third degree and petit larceny;

    • March 3, 2011 – Roman accused of dealing cocaine, allegedly selling a quantity of the drug to an undercover agent in Batavia. He was charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree;

    • Aug. 30, 2013 – Charged with harassment in the second degree and unlawful possession of marijuana;

    • Jan. 8, 2014 – Charged with harassment in the second degree, three counts of endangering the welfare of a child and criminal contempt in the first degree;

    • July 17, 2014 – Charged with three counts of criminal contempt in the second degree;

    • Sept. 9, 2014 – Charged with criminal contempt – violating a stay away order of protection; and

    • July 24 – Charged with promoting prison contraband.

Billy Brown Sr., 34, of Walnut Street, Batavia, is charged with two counts of harassment, 1st, criminal contempt, 1st, criminal mischief, 4th, criminal contempt, 2nd, and coercion, 2nd. Brown was charged following a report of a domestic incident at 9:14 p.m. Aug. 14 on Walnut Street. Brown allegedly fled into the swamp area near Walnut and was tracked by Deputy Chris Erion and K-9 Destro. Brown was located and taken into custody without incident. He was jailed without bail.

Brian K. Dyer, 50 of North Street, Batavia, is charged with menacing, 3rd, and harassment, 2nd. At 8:49 p.m. on Aug. 14, Batavia PD responded to a location on North Street for a report of a landlord-tenant dispute. Dyer was arrested for allegedly threatening a tenant with a wood dowel and attempting to strike the tenant with the dowel.

Dashawn A. Suber, 24, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear for a court appearance.

Katelyn C. Kubala, 28, of Meadow Lane, Attica, was arrested on a warrant for alleged failure to appear for a court appearance. Kubala posted bail and was released.

Kodey R. Mills, 24, of Myrtle Street, Le Roy, is charged with criminal mischief, 4th. Mills is accused of damaging a sign on the side of the road in front of a business on West Main Street, Batavia.

Christopher P. Sullivan, 37, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear for court. 

Grayson J. Finnin, 21, of Old Buffalo Road, Warsaw, was arrested on a warrant for alleged failure to appear for a court appearance.

Keyanna L. Gibson, 19, of Watson Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Gibson is accused of scratching another person during a dispute on Maple Street, Batavia. That person is under 17 years of age.

Barbara E. Ferrando, 45, of Summit Street, Batavia, is charged with unlawful possession of marijuana and criminally using drug paraphernalia, 2nd. Ferrando was allegedly found in possession of marijuana and drug paraphernalia at 12:25 p.m. on Aug. 13 at a location on Summit Street, Batavia.

Steffon G. Philip, 31, of Lyell Avenue, Rochester, was arrested on a warrant for alleged failure to appear for court. He was jailed on $5,000 bail.

Maurillio Osorio-Carreno, 33, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear for court.

Travis A. Weatherbee, 30, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear in court.

Terry Lee Lamere, 52, of Buffalo Road, Bergen, was arrested on a warrant for alleged failure to appear for court.

Ernest D. Lane, 59, of Ellicott Street, Batavia, is charged with strangulation, 2nd, and aggravated family offense. Lane was allegedly involved in a domestic incident at 1 p.m., Friday. He was jailed without bail.

Lee A. Baxter, 33, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Baxter is accused of sending text messages to a person in violation of a court order. He was jailed on $1,000 bail.

Olivia Marie Lyons, 24, of Judge Road, Alabama, is charged with petit larceny. Lyons is accused of shoplifting from Walmart.

A potential plea deal for a man accused of taking a woman's mobile phone and punching a beagle was put on hold in County Court this morning after his attorney expressed reservations about his client's ability to comprehend the court proceedings.

Attorney Micheal Locicero said that based on a recent mental health evaluation and his own conversation with his client this morning, he's concerned that Shawn M. Twardowski is confused by the proposed plea deal.

Assistant District Attorney Robert Zickl objected to a request for a detailed mental health examination.

"There didn't appear to be an issue when the defendant was seeking a judicial diversion," Zickl said. 

After a sidebar with the two attorneys, County Court Judge Charles Zambito said he would like more information from the counselors at the Mental Health Association who examined Twardowski.

Zambito did not grant what's known as a 730 exam, which is a mental health exam aimed at determining a defendant's mental fitness to proceed with a legal case. 

"I want more information, more specifics," Zambito said.

Twardowski, 34, was arrested Jan. 26 following an incident on Bank Street where Twardowski allegedly strangled and punched a beagle and stole a woman's mobile phone, then when police arrived, barricaded himself in a bedroom. He allegedly struggled with officers once they gained access to the room.

A follow-up hearing is scheduled for 10:30 a.m., Sept. 1.

A 33-year-old Le Roy man arrested on Christmas Eve for threatening to kill a neighbor and starting a fire with a blowtorch will spend the next five years in State Prison.

Matthew McCracken, who was babysitting a 2-year-old child at the time of the incident, and previously pled guilty in the case.

He had been charged with attempted criminal mischief, 4th, harassment, 2nd, attempted arson, 2nd, and endangering the welfare of a child, for the incident at 10 1/2 Clay St., Le Roy, the night of Dec. 24.

This is his second felony offense.

A Niagara Falls man who walked into the Key Bank branch in Batavia in December wearing a Batman beanie and walked out with more than $10,000 in cash entered a guilty plea to robbery in the third degree yesterday.

Joel Zsebehazy, 33, an Iraq War vet who has a prior criminal record that includes bank robbery, will be sentenced Sept. 18.

Zsebehazy was arrested in April near Belle Rose, La., after being identified as Batavia's warrant suspect by authorities there.

A car that looks like this one (not actual picture) is missing in Le Roy. It went missing Aug. 9 during the early morning hours.

Le Roy PD is asking the public's assistance in determining its location and possibly who stole it from the East Avenue -- East Main Street area of the village. Anyone with information is asked to call (585) 345-6350.

Edward Joseph Stabell, 23, of Meiser Road, Corfu, is charged with trespass. Stabell is accused of trespassing at a location on Gilmore Road, Pembroke.

Scott Douglas MacPherson, 58, of Transit Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, speeding, and insufficient tail lamps. MacPherson was stopped on Lake Street Road, Le Roy, at 9:14 p.m. Sunday by Deputy Ryan DeLong.

The following people were arrested by the Genesee County Sheriff’s Office during the Goo Goo Dolls concert at Darien Lake Performing Arts Center on Sunday:

A 17-year-old of Lincoln Avenue, Dunkirk, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana after allegedly being found in possession of a controlled substance and marijuana.

Kevin R. Dawidowicz, 41, of Maywood Place, Buffalo, is charged with reckless endangerment, 2nd, after allegedly striking a Darien Lake security officer with his vehicle.

Kevin M. Buisman, 32, of Elmwood Avenue, Tonawanda, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Colleen K. O’Donnell, 26, of Warsaw Street, Cheektowaga, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Cody Z. Woodhouse, 28, of Robinson Street, Hamilton, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Samuel P. McCaslin, 27, of Vahn Street, East Concord, is charged with trespass after allegedly attempting to re-enter the concert venue after being ejected and told not to return.

Kim Diamond was sentenced to four months of intermittent jail time with five years of probation Monday after she pled guilty to grand theft in the third degree in May.

The former United Memorial Medical Center employee admitted to stealing items valued at $170,000 from UMMC and selling them on Ebay. Diamond agreed to pay $30,000 in restitution. According to her attorney, Randolph Meyer, she is receiving mental health treatment and has never been convicted of any crimes.

Meyer said the equipment she took was in areas where they were no longer using it.

“It took them four or five years to notice anything was missing,” Meyer said. “Obviously, their inventory control system lacks a little.”

Lawrence Friedman, the district attorney, said Diamond thought she felt entitled because they were items the hospital was planning to throw out.

“I can assure the court, after extensive meetings with a number of representatives from the hospital, that is certainly not their position,” Friedman said.

She is also accused of possessing equipment from another hospital she worked at in Monroe County, with likewise claims that the items were being thrown out, Friedman said.

“I assume that this court’s sentence will have some impact on what is done there,” Friedman said.

Friedman said it was his recommendation that Diamond should receive straight jail time, but Judge Charles Zambito sentenced her to intermittent jail time.

He said he saw no reason to sentence her to straight jail, and noted Diamond has a young daughter.

“I’m very sorry for what I did do,” Diamond said. “I did do some things wrong and I apologize. I am mortified at myself. I can’t forgive myself.”

For prior coverage, click here. 

Nicholas Edmund Kaiser, 26, of Westbourne Drive, Tonawanda, is charged with felony DWI and felony driving with a BAC of .08 or greater. Kaiser was arrested after arriving at the Genesee County Jail at 1:35 a.m., Sunday, to pick up a friend who had been arrested for DWI earlier in the night. Upon Kaiser's arrive, officers suspected Kaiser of being intoxicated. He submitted to a field sobriety test. 

Jamie Ann Dorazio, 24, of Broad Street, Tonawanda, is charged with DWI, driving with a BAC of .08 or greater and failure to obey police officer. Dorazio was stopped at 11:44 p.m., Saturday, following a traffic stop on Sumner Road, Darien, by Deputy Eric Meyer.

Jeffrey Alexander Cardenas II, 26, of Lake Street, Le Roy, is charged with driving while impaired by drugs and failure to keep right. Cardenas was arrested after Deputy Mathew Clor responded to a complaint of a vehicle off the road on Lake Street Road, Le Roy, at 12:18 a.m., Saturday.

David James Leroy, 25, of Sumner Road, Darien, is charged with obstructing governmental administration, 2nd. Leroy was arrested after deputies and troopers responded to a check-the-welfare call at a location on Sumner Road, Darien. Leroy allegedly interfered with the deputies and troopers.

Ronald D. Ashton III, 24, of Bennett Street, Buffalo, is charged with aggravated unlicensed operation, suspended registration and driving to left on crest/grade curve. Ashton was arrested on a warrant for alleged failure to appear in Town of Bethany Court on charges stemming from 2016.

Kelly Ann Kasper, 47, of Judge Road, Alabama, is charged with criminal contempt, 2nd. Kasper allegedly struck a person who was the protected party in an order of protection.

Teshawn Anthony Lang-Smith, 21, of Dellinger Avenue, Batavia, is charged with criminal mischief, 3rd. Lang-Smith is accused of damaging property at a party at 3:15 a.m., Aug. 30, 2014.

Two older men, one in a red shirt and one in a gray or brown shirt, are reportedly in the parking lot of Flying J in Pembroke selling laptop boxes that contain only newspapers for $100.

Law enforcement is responding.

 

Theodis Hill Jr., 48, of Central Avenue, Batavia, is charged with assault, 2nd, and endangering the welfare of a child. Hill allegedly struck a child with an extension cord, causing an injury. He was jailed without bail.

Jeffery Richard Lefort, 35, of Maxon Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, and drinking alcohol in a motor vehicle. Lefort was located at 7:12 p.m. Tuesday on Ledge Road, Alabama, waiting for a tow truck with a flat tire when Deputy Jeremy McClellan stopped to check on his welfare.

Peter C. Ayala III, 33, of Walnut Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Ayala was arrested following an investigation into a domestic dispute reported at 10:56 p.m. Tuesday.

Shuronda L. Rogers, 40, of Mohawk Street, Rochester, was arrested for alleged failure to appear. Rogers was located by Monroe County deputies during a traffic stop and turned over to Batavia PD.

Dakota O. Irvin, 25, of Main Road, Attica, was arrested for alleged failure to appear. Irvin allegedly failed to appear on a ticket for aggravated unlicensed operation. Irvin posted bail and was released.

Jon N. Roblee, 41, of Main Street, Batavia, was arrested on a warrant for alleged failure to obey terms of his sentencing on a resisting arrest conviction.

An unnamed man from Batavia faces weapons charges for allegedly bringing a loaded gun to the Buffalo-Niagara International Airport on Friday.

According to a report Sunday by TV channel WGRZ, Transportation Security Administration officials say a TSA officer spotted the loaded .380-caliber handgun in the man's carry-on bag via the security checkpoint X-ray machine. The gun was reportedly loaded with seven bullets, including one in the chamber.

Niagara Frontier Transportation Authority (NFTA) police responded to the checkpoint and confiscated the weapon.

Police and TSA officials did not release his name.

UPDATE Aug. 8: From our news partner WBTA -- Herbert Schroeder, 63, of Batavia, is facing charges after a gun was found in his carry-on luggage at the Buffalo airport. TSA officials say they detected the loaded .38-caliber handgun when he was trying to pass through security on Friday.

Eddie L. Miles Jr., 45, of Washington Avenue, Batavia, is charged with criminal obstruction of breathing, and torturing or injuring animals. Mile is accused of putting his arm around the neck of another person and obstructing that person's breathing. He is also accused of injecting an unknown purple liquid into a dog. He was jailed on $5,000 cash or $10,000 bond.

Ronald C. Palmer, 46, of Florida, was arrested as a fugitive from justice. Le Roy PD arrested Palmer with assistance from the Local Drug Task Force. He was located on East Main Street, Le Roy. He was wanted on a warrant out of Broward County for violation of pre-trial release terms. The original charge is grand theft, 3rd. He was jailed without bail pending extradition.

Matthew B. Hardesty, 24, Martin Avenue, Blasdell, is charged with grand larceny, 4th. Hardesty was wanted on a warrant for an alleged grand larceny in May 2016 on Narramore Drive. Hardesty was located by USAF Security Police at Niagara Falls Airbase and turned over to Batavia PD. He was jailed without bail.

Eloise A. Peart, 31, of Wilder Street, Rochester, was arrested on a warrant for alleged failure to appear. Peart was released on bail.

Jeffrey T. Garrett, 45, of East Main Street, Batavia, is charged with disobeying a mandate. Garrett allegedly failed to respond to a grand jury subpoena.

Sean P. Carney, 26, of Hickory Hill Drive, Mayfield Village, Ohio, is charged with petit larceny. Carney is accused of shoplifting at Tops Market. He was jailed on $1,000 bail, $2,500 bond.

Dexter L. Turner, 25, of Church Street, Medina, is charged with failure to appear. He was jailed on $1,000 bail. He was also arrested on another warrant and bail on that arrest was set at $10,000.

The following people were arrested by the Genesee County Sheriff’s Office during the Dierks Bentley concert at Darien Lake Performing Arts Center on Friday:

Johnathan D. Haw, 18, of Domenic Crescent, Niagara Falls, Ontario, Canada, is charged with trespass after allegedly attempting to re-enter the concert venue after being ejected and told not to return. Haw was arraigned in Darien Court and jailed in lieu of $150 bail.

Michael T. Smith, 20, of Lake Glenn Drive, Livonia, is charged with criminal trespass, 3rd, after allegedly re-entering the concert venue after being ejected and told not to return.

Nicholas D. Pszczolkowski, 21, of French Lea, West Seneca, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Evan M. Dunham, 23, of Glendale Road, Brockport, is charged with harassment, 2nd, after allegedly striking a Live Nation security officer in the face and chest.

Kimberly A. Stanton, 24, of Seneca Street, Baldwinsville, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Taylor E. Grenier, 18, of Cabrie Circle, Pittsford, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

A 17-year-old of Wildberry Lane, Pittsford, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Robert J. Moore, 20, of Greenway Blvd., Churchville, is charged with trespass after allegedly re-entering the concert venue after being ejected and told not to return.

The three-day trial of a man accused of sexually attacking a person on South Main Street in Batavia ended in his acquittal on all counts after the jury deliberated for 90 minutes today.

Kyle R. Shea was indicted by a grand jury in February on counts criminal sexual act in the first degree, criminal sexual act in the third degree, and first-degree sexual abuse. 

The charges came after an investigation into allegations that Shea forced anal sexual conduct on another person, and that the alleged victim lacked the capacity to consent. in June or July of 2015.

District Attorney Lawrence Friedman said he didn't know why the jury reached the verdict it did and he had no further comment.

Michael A. Young, 36, East Avenue, Attica, is charged with DWI, driving to left of pavement markings and speeding. Young was allegedly driving 75 mph on Main Street in Alexander at 2:26 a.m. when he was stopped by Deputy Howard Wilson. Further charges pending results of a blood test.

Creagan Tuirc MacLaren, 18, of West Kendal Road, Holley, is charged with DWI, driving with a BAC of .08 or greater, and unsafe start. MacLaren was stopped at 11:17 p.m. Sunday on Route 77, Darien, by Deputy Jenna Ferrando.