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August 20, 2016 - 1:28pm
posted by Billie Owens in crime, news, batavia, elba, Alabama, Le Roy.

Shawn Thomas Rushok, 17, of Swan Street, Batavia, is charged with first-degree sex abuse. He is accused of having "inappropriate sexual contact with another person" on May 24 in the Town of Le Roy. He was arraigned on Aug. 15 in Le Roy Town Court and released under supervision of Genesee Justice. The case was handled by Sheriff's Deputy John Dehm.

Gannon David McNall, 20, of Centerline Road, Varysburg, is charged with public lewdness. He was arrested on Aug. 15 after allegedly being observed masturbating in the parking lot of a Batavia department store on Veterans Memorial Drive at 5:39 p.m. He was released on an appearance ticket returnable to Town of Batavia Court at 1 p.m. on Thursday, Sept. 22. The case was handled by Sheriff's Deputy Michael Lute.

John Kauffman Stone, 49, of Main Street Road, Batavia, is charged with second-degree harassment. The defendant was arrested for allegedly pushing and slapping another person on West Main Street Road, Batavia, at 8:52 p.m. on Aug. 14. He was arraigned in Town of Batavia Court and jailed on $500 bail. The case was handled by Sheriff's Deputy Robert Henning, assisted by Deputy Kevin McCarthy.

Michael John Jarmuz II, 26, of Idlewood Drive, Tonawanda, is charged with second-degree criminal impersonation and second degree aggravated unlicensed operation. The subject allegedly gave the arresting officer his brother's information during a DWAI/drug arrest at 3:06 a.m. on Aug. 13 on Oak Orchard Road, Elba. The subject's "common law" stepmother reported to the arresting officer two days later with the subject's correct information. The subject allegedly gave his brother's information because he had a suspended driver's license and a warrant from another county. He is due in Elba Town Court on Sept. 7. The case was handled by Sheriff's Deputy Chris Parker, assisted by Deputy Eric Meyer.

Bradley Edward Moore, 18, of Manning Road, Holley, is charged with petit larceny. The subject allegedly stole two cartons of cigarettes from a smoke shop on the Tonawanda Indian reservation at 2 p.m. on June 6. He is due in Alabama Town Court on Aug. 30. The case was handled by Sheriff's Deputy Chris Parker.

Gina Lynn Avino, 41, of Haven Lane, Batavia, was arrested Aug. 19 on a bench warrant out of the City of Batavia PD following the investigation into a motor-vehicle accident in the Town of Batavia on that date at 3:25 p.m. on West Main Street Road. The case was handled by Sheriff's Dpeuty Michael Lute, assisted by Dpeuty Rachel Diehl.

August 19, 2016 - 7:29pm
posted by Billie Owens in crime, news, batavia.

A caller who lives on Bank Street called city police earlier today and accused her neighbor of stealing a white, wooden church replica from her garden. Now she reports that she just witnessed the neighbor whom she accused of stealing the church earlier, taking pieces of the church inside her house. Police are responding to speak with the complainant again.

August 19, 2016 - 3:32pm
posted by Billie Owens in crime, batavia, news.

Zachary Dabb, 23, of Westwood Road, Alden, is charged with DWI, aggravated DWI (BAC .18 percent or higher) and open container of alcohol while operating a motor vehicle.

The charges stem from an accident last night around 9 in which Dabb was the operator of motor vheicle that struck the east side of Burger King on West Main Street in Batavia.

Dabb told police he thought he was in another one of his vehicles, which has a standard transmission. Thinking the vehicle on Thursday night was in neutral, Dabb took his foot off the brake, causing the car to move forward and collide into the east side of the building.

Following field sobriety ptests, Dabb was allegedy determined to be driving while intoxicated and was arrested on the charges. He was processed and released on an appearance ticket. He is due in Batavia City Court on Aug. 31. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

According to our news partner WBTA, a lucky patron inside the restaurant had just gotten up to get a beverage when the vehicle crashed into the building.

August 18, 2016 - 8:03am
posted by Howard B. Owens in crime, batavia, news.
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   Katelynn Higgs
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   Amber Jacznski 
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  Katherine Shannon
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   Michelle Preston

The Local Drug Task Force has announced the arrest of four Batavia residents on charges stemming from four separate investigations into the suspected criminal sale of narcotics.

Katelynn M. Higgs, 31, of Grandview Terrace, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Higgins is accused of selling a quantity of oxycodone to an agent of the Local Drug Task Force. She was jailed without bail.

Amber L. Jacznski, 24, of Pearl Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance. Jacznski is accused of selling a quantity of fentanyl to an agent of the Local Drug Task Force. She was jailed without bail.

Katherine M. Shannon, 55, of West Main Street Road, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance. Shannon is suspected of selling a quantity of oxycodone to an agent of the Local Drug Task Force. She was jailed without bail.

Michelle L. Preston, 50, of Bank Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance and unlawful possession of marijuana. Preston is accused of selling a quantity of crack cocaine to an agent of the Local Drug Task Force and was allegedly found in possession of marijuana at the time of her arrest. She was jailed without bail.

 

 

 

 

 

 

 

 

 

 

 

August 16, 2016 - 3:14pm
posted by Billie Owens in crime, batavia, news.

 

Anthony Antinore, of Churchville, has been arrested and charged with disseminating indecent material to a minor, a Class E felony.

It is alleged that the 51-year-old Antinore, while employed by the City of Batavia School District as a middle school teacher, had the victim send sexually explicit photographs of himself to Antinore.

This allegedly occurred between 2011-14.

Antinore was arraigned and released under supervision of Genesee Justice.

He is due back in court for further proceedings on Sept. 20.

The case was investigated by Batavia Police Det. Thad Mart.

UPDATE: Statement from Batavia City Schools:

On Friday, Aug. 12, 2016, the District was informed of the impending arrest of Anthony Antinore following an investigation by the Batavia Police Department into allegations of inappropriate interactions with a Batavia student who has since graduated.

Superintendent of Schools Christopher Dailey said, “Parents expect their children to be safe in school. While we cannot control the conduct of every teacher in every situation, we expect and require our employees to be held to a high standard of character. The conduct alleged in these charges represents a serious breach of trust, responsibility, and the law. Therefore, after review of the available information, the District immediately sought Mr. Antinore’s resignation which he submitted.”

Given the ongoing criminal proceedings, the District will not have further comment on this case.

August 15, 2016 - 10:50am
posted by Howard B. Owens in crime, batavia, Bethany, elba.

Pedro Vazquez Diaz, 31, of Bethany Center Road, Bethany, is charged with burglary, 2nd. At 10:21 a.m., Saturday, the Sheriff's Office received a report of a burglary in progress at a residence on Bethany Center Road, Bethany. Deputies and troopers responded, along with Deputy Chris Erion and K-9 Destro. Destro located the suspect in the residence and he was taken into custody. He was jailed without bail.

Tyler D. Price, 23, no permanent address, is charged with criminal contempt, 2nd. Price was allegedly involved in a domestic incident at 12:04 p.m. Sunday on Liberty Street, in violation of a protective order. Price was also arrested on a warrant on an alleged failure to appear for a court appearance on an unrelated charge.

Michael J. Difalco, 28, no permanent address, is charged with harassment, 2nd, criminal mischief, obstructing governmental administration and resisting arrest. Difalco was arrested following an investigation into a domestic incident. He allegedly became combative while in custody and as his case was being processed. He was jailed on $2,500 bail.

Cory J. Trybushyn, 28, of Vine Street, Batavia, was arrested on a warrant for alleged failure to pay a fine on an attempted petit larceny charge. He turned himself in on the warrant and posted $150 bail.

Michael P. McDonald, 32, of East Avenue, is charged with unlawful imprisonment, 2nd, and endangering the welfare of a child. McDonald was allegedly involved in a domestic dispute. He was jailed on $1,000 bail or $2,000 bond.

Nikki L. Stonebraker, 27, of Liberty Street, Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Stonebraker allegedly struck the head of a minor against a wall while in the presence of another minor.

Wayny G. Colon, 24, of Amherst Manor Drive, Buffalo, was arrested on a warrant. Colon posted $500 bail and was released. No further details released.

Isaiah J. Munroe, 26, no permanent address, is charged with endangering the welfare of a child and harassment, 2nd. Munroe was allegedly involved in a fight with a person on Liberty Street while in the presence of a minor.

Devin P. Hofert, 20, of Hutchins Street, Batavia, is charged with possession of a hypodermic instrument, criminal possession of a controlled substance, 7th, disorderly conduct/unreasonable noise, criminal possession of a weapon and criminal use of drug paraphernalia. Hofert was arrested following a police investigation into a disturbance at 6:09 a.m., Aug. 8, at 33 Dellinger Ave., Batavia. Hofert was allegedly found in possession of 16 hypodermic needles, drug paraphernalia and a switchblade knife.

Matthew Joseph Engert, 25, of Geddes Street, Holley, was arrested on a warrant for alleged failure to appear on an aggravated harassment charge. He was jailed on $2,000 bail.

Jason M. Saeli, 34, of West Main Street, Batavia, is charged with suspended registration and unregistered motor vehicle. Saeli was arrested on a warrant. 

Matthew B. Starowitz, 27, of Whitney Mill Road, Elba, is charged with unlawful possession of marijuana. Starowitz was arrested during an investigation into a report of a suspicious vehicle occupied by two males at 624 E. Main St., Batavia at 9:10 p.m. on Aug. 8.

A 17-year-old resident of State Street, Batavia, is charged with public lewdness. The youth allegedly displayed an intimate part of his body while in a vehicle parked in a parking lot at 1:15 p.m. Sunday at a location on Veterans Memorial Drive.

Catherine Rose Bater, 36, of West Main Street, Batavia, is charged with a violation of a Family Court act. Bater turned herself in on a warrant.

Cody Edward Jarmuz, 24, of 7th Street, Buffalo, is charged with driving while ability impaired by a combination of drugs and alcohol, moved from lane unsafely, unlicensed operation, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Jarmuz was stopped at 3:06 a.m. Saturday on Route 98, Elba, by Deputy Chris Parker after allegedly being observed unable to maintain his lane of traffic.

Edwin Javier Ortiz, 38, of Cobb Street, Tonawanda, is charged with assault, 3rd. Ortiz allegedly struck another person in the face, breaking that person's nose. The alleged disagreement was over a pool chair and was reported at 5:54 p.m. Aug. 6 at Darien Lake.

August 13, 2016 - 1:43pm
posted by Billie Owens in Oakfield, news, Grand Jury, crime.

Josiah C. Yantz is indicted for the crime of third-degree rape, a Class E felony. It is alleged that on Oct. 15 in the Town of Oakfield, Yantz engaged in sexual intercourse with another person without such person's consent. This allegedly occurred "where such lack of consent was by reason of some factor other than incapacity to consent."

In count two of the indictment, Yantz is accused of the crime of sexual misconduct, a Class A misdemeanor. In count two, it is alleged that on Oct. 28, Yantz, while in the Town of Oakfield, engaged in sexual intercourse with another person without such person's consent.

August 12, 2016 - 11:30pm
posted by Howard B. Owens in crime, Alabama, news.

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Two people fled from a rollover accident on Route 77 near Bloomingdale Road on Friday afternoon, and while the woman was apprehended after a couple of hours, the man -- described as a black male -- continued to elude law enforcement and the volunteer firefighters enlisted to help cordon off the area. 

It was hot -- over 90 degrees -- and humid. After a short, dabbled rain, the sun blazed again on the deputies in their dark uniforms and the firefighters in their turnout gear, and they all continued the search.

Nobody was even sure if the man was still in the area. The woman said a friend had swung down Route 77 and picked him up. But deputies also didn't necessarily believe that tale.

And since he was known to be injured, suffering a facial cut in the accident, and because it was not a good day to be out in the sun losing blood, they searched, unsure why he fled, but certain if he didn't get a ride, he would need help.

The search was called off once, shortly after Erie County's Air One left the area, but then the weather shifted and the State Police helicopter was cleared to fly, so it headed toward Alabama and picked up Deputy Chris Parker (who used to be part of that unit) to continue the search.

By this time, Alabama Chief Gary Patnode was home, resting, as were most of the other firefighters, then Patnode's sister called. She had seen a man walking down Route 77 who matched the description of the man deputies were looking for.

Patnode hopped in his truck and headed south on Alleghany Road. He spotted the man and contacted dispatch, who notified patrols.

Sgt. Jason Saile, who had been part of the search the entire hot afternoon, pulled up behind the man first, got out of his SUV and as the man turned around, hands in the air, Saile put out his own hand, which held a bottle of water.

The man was later identified as Ralph F. Forte, of Rochester. Charges are pending against Forte.

The woman, Sabrina J. Brownell, of Little Genesee, is charged with DWI and is facing other possible charges. 

Brownell suffered minor injuries. Forte suffered cuts on his face from the accident and a possible dislocated arm. He was also suffering from heat exhaustion by the time he was located.

The incident began in Lockport with a report of a rolling domestic on Route 77, with the vehicle heading south. Then Genesee County dispatchers were informed of a rollover accident just north of Bloomingdale Road.

Civilians first on scene uprighted the vehicle and medics saw the two occupants flee, and they provided deputies with a description of the subjects.

When law enforcement arrived, they saw the subjects head into the wooded area just south of Bloomingdale and east of Route 77. A K-9 from Medina joined the search, and Air One from Erie County arrived about 40 minutes later.

During that part of the search, the woman appeared, apparently of her own accord, on a gravel road (a snowmobile trail when there's snow) and Patnode and Saile drove to her location. She was questioned and then provided medical treatment before being transported by Mercy EMS to Strong Memorial Hospital.

Then the search continued, including a time about 20 minutes later when the Air One pilot thought he had spotted the missing black male.

Some 30 minutes later, he still hadn't been located and Air One need to return to Erie County.

Just before a quarter to six, the State Police helicopter arrived on scene. At 6:10 p.m., the subject of the search was spotted on Route 77.

Saile handed him a bottle of water and then the man was allowed to sit in the shade of Saile's patrol vehicle. Medics arrived and provided first aid until a Mercy EMS ambulance arrived. The man was placed on a stretcher and put in the ambulance and transported to Strong.

Also assisting in the case are Deputy Andrew Hale, Deputy Michael Lute and Lt. Todd Draper, and the K-9 patrol with Medina PD.

(Initial report.)

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August 12, 2016 - 4:58pm
posted by Billie Owens in bergen, crime, news.

Aaron W. Gillard, 28, of Bergen, was arrested at 2:26 p.m. on Aug. 7 in the Town of Covington after he allegedly crashed his car into a house on Wyoming Road. He subsequently allegedly failed field sobriety tests and deputies say they found more than an ounce of marijuana in the vehicle. He was transferred to Wyoming County Sheriff's Office where he refused a chemical test to determined his BAC. Gillard was found to be driving in violation of his conditional license and without a required ignition interlock device in his vehicle. Gillard had a previous conviction of DWI within the past five years. He is charged with: felony DWI; felony unlicensed operation in the first degree; operating without an interlock device; violating conditional license; moving from lane unsafely; and speed not reasonable and prudent. He was also charged with criminal possession of marijuana, a Class A misdemeanor. Gillard was arraigned in the Town of Covington Court and put in Wyoming County Jail on $2,500 cash bail or $5,000 bond. He is due back in court at a later date. Gillard's license was also suspended pending prosecution of this case, which was handled by Wyoming County Sheriff's deputies Bradley McGinnis and Mike Majtyka.

August 12, 2016 - 12:45pm
posted by Billie Owens in news, crime, Le Roy, pembroke, Darien, bergen.

Brenda Carol Shryock, 49, of Oak Drive, Beech Island, S.C., is charged with second-degree harassment. She was arrested at 7:03 p.m. on Aug. 11 following an investigation into a domestic violence complaint in the Town of Le Roy. She allegedly punched a person. She was put in Genesee Cpounty Jail and is due in Le Roy Town Court on Thursday, Aug. 18. The case was handled by Sheriff's Deputy Rachel Diehl, assisted by Dpeuty Ryan DeLong.

Bonnie Marie Breissinger, 52, of County Line Road, Darien, is charged with first-degree criminal contempt and second-degree harassment. She was arrested at 4:27 p.m. on Aug. 4 on County Line Road in Darien for allegedly subjecting another person to physical contact in violation of a no-offensive-conduct court order. The case was handled by Sheriff's Deputy Kevin McCarthy.

Patricia Jean Kendall-Cargill, 51, of Swamp Road in Bergen is charged with second-degree criminal contempt. She was arrested at 6 p.m. on Aug. 7 on Swamp Road following an investigation into a violation of an order of protection. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Jason Saile.

A 17-year-old male who lives on Woodland Terrace in Cheektowaga is charged with trespass. The subject was arrested at 4:44 p.m. on Aug. 10 on Gilmore Road in Pembroke for allegedly trespassing on private property. He was issued an appearance ticket for Pembroke Town Court on Aug. 30. The case was handled by Sheriff's Deputy Robert Henning, assisted by Deputy Kevin McCarthy.

A 16-year-old male who lives on Lamarck Drive in Amherst is charged with trespass. The subject was arrested at 4:44 p.m. on Aug. 10 on Gilmore Road in Pembroke for allegedly trespassing on private property. He was issued an appearance ticket for Pembroke Town Court on Aug. 30. The case was handled by Sheriff's Deputy Robert Henning, assisted by Deputy Kevin McCarthy.

August 9, 2016 - 3:59pm
posted by Billie Owens in batavia, crime, news.

Law enforcement is responding to two complaints of harassment against women at local stores.

One caller in the parking lot at K-Mart is waiting to speak with officers about a white male wearing a camouflage hat and black shirt who she says was verbally harassing women in the parking lot.

Another complaint was made at Target where a woman claims that, about a half hour ago, a white male carrying a backpack was staring at her and her children in the clothing department.

It is not yet known whether it's the same suspect.

August 8, 2016 - 12:15pm
posted by Howard B. Owens in crime, batavia, news, Bethany, Darien, Alabama.

Hakeem Ellsha Cunningham, 20, of Alleghany Road, Darien, is charged with criminal obstruction of breathing or blood circulation, endangering the welfare of a child and harassment, 2nd. Cunningham allegedly grabbed the neck of a juvenile, causing her to have a hard time breathing, during an incident reported July 19.

Lance M. Mercado Sr., 26, of Holland Avenue, Batavia, is charged with petit larceny. Mercardo is accused of shoplifting from Speedway. Surveillance cameras revealed Mercado allegedly placing merchandise in his pockets and leaving the store without paying for the items.

Anthony G. Milone, 52, of Transit Road, Depew, is charged with disorderly conduct. Milone allegedly stepped out in front of a vehicle on Summit Street, Batavia, blocking traffic, at 4:29 p.m., June 24.

Joseph M. Marsceill Sr., 46, of Pringle Avenue, Batavia, was arrested on a warrant. Marsceill allegedly failed to appear in court on a charge of aggravated unlicensed operation, 3rd. He was released on his own recognizance.

Deborah R. Blatt, 56, of East Main Street, Batavia, is charged with harassment, 2nd. Blatt allegedly struck a police officer while being escorted to an ambulance to be taken to an area hospital for evaluation.

Charles-Gus Thigpen Williams, 37, of Robinson Road, Lockport, is charged with criminal contempt, 2nd. Williams allegedly tried to gain access to a residence on Liberty Street at 10:32 p.m., Aug. 2, where the person living there was protected by a complete stay away order. Williams was located and arrested Tuesday. He was jailed on $1,000 bail, or $2,000 bond.

Douglas S. Sprague, 49, of Bethany Center Road, East Bethany, is charged with obstructing governmental administration and resisting arrest. Sprague allegedly attempted to resist arrest following a disturbance on Hutchins Place, Batavia, at 10:27 p.m., Friday.

Benjamin L. Brade, 24, of Denio Street, Batavia, is was arrested on a warrant. Brade allegedly failed to show up to serve a weekend jail term. He was jailed on $1,000 bail.

Paul P. Cronan, 35, of Main Street, Williamsville, is charged with harassment, 2nd, disorderly conduct and coercion, 2nd. Cronan was allegedly involved in a domestic incident at 12:21 p.m., Sunday, at Dunkin' Donuts, Batavia. He was released to NYSP Clarence on unrelated charges.

Christian Richard Austin, 32, of Parce Avenue, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, failure to stop at stop sign and driver's view obstructed. Austin was stopped at 12:21 p.m. Saturday on Route 77, Alabama, by Deputy Michael Lute.

August 5, 2016 - 5:37pm
posted by Howard B. Owens in crime, batavia, pembroke, Darien, news.

Scott Thomas McCoy, 47, of Main Road, Pembroke, is charged with criminal possession of a hypodermic instrument and unlawful growing of cannabis. McCoy was allegedly found with marijuana plants growing on his property in Pembroke and hypodermic needles. The investigation is ongoing and additional charges may be pending.

Bonnie Marie Breissinger, 62, of County Line Road, Darien, is charged with criminal contempt, 1st, and harassment, 2nd. Breissinger allegedly subjected another person to physical contact in violation of a no offensive conduct order of protection.

Robert Arthur Shuttleworth III, of Scotland Road, Akron, is charged with theft of services. Shuttleworth was arrested in Depew on a warrant out of Town of Batavia Court. He was jailed on $500 bail.

August 4, 2016 - 12:20pm
posted by Billie Owens in crime, news, corfu, Darien.

Treynada T. Costley, 31, of Rochester, was arrested by Corfu Police at 6:52 p.m. on Aug. 3 following a traffic stop of Route 77 just south of the village. Costley was charged with aggravated unlicensed operator, 1st, criminal impersonation and numerous vehicle and traffic law violations. Corfu Police Officer Peter Scanio's plate reader hit for suspended registration on the vehicle Costley was driving. The driver failed to produce a license and allegedly repeatedly gave the wrong name to Officer Scanio as well as assisting officers. During the course of the investigation, it was revealed that the operator, later identified as Costley, had impersonated her sister and had 35 (31 on 11 dates) suspensions on a revoked non-driver ID only. Costley was put in Genesee County Jail in lieu of $500 cash or $1,000 bond. The NY State Police and Genesee County Sheriff's Department assisted Officer Scanio in this investigation as well as Officer Mike Petritz, of Corfu PD.

Anthony Willem Everett Begemann, 18, of Lake Road -- West Road, Hamlin, is charged with possession of alcohol under age 21 with intent to consume. At 8:55 p.m. on Aug. 3 while at the Fifth Harmony concert at Darien Lake, Begemann allegedly possessed vodka. The defendant was issued an appearance ticket for Darien Town Court and charged with possessing alcohol, under age 21, with the intent to consume. The case was handled by Sheriff's Deputy Timothy Wescott.

August 3, 2016 - 1:08pm
posted by Billie Owens in news, crime, Darien.

John Franklin McLaughlin Jr., 44, of Old Route 17, Salamanca, is charged with second-degree harassment. The defendant was arrested for allegedly ounching a person in the face at 7 p.m. at the Main Gate at Darien Lake Amusement Park on Alleghany Road. He was due in Darien Town Court on Aug. 1. The case was handled by Sheriff's Deputy Kevin McCarthy.

Tanner A. Dahl, 19, of Westfield, was arrested by State Troopers for possession of a forged instrument, 3rd, operator of motor vehicle impaired by drugs, 1st, when he was stopped on Colby Road in Darien July 30 for non-functioning tail lights. Dahl was found in possession of an open container of moonshine and a fake Pennsylvania Driver’s License in the name of T. Dahl after Troopers detected the odor of marijuana emitting from his vehicle. Dahl failed the standard field sobriety tests administered to him. He was transported to UMMC for a blood sample, which he refused. A breath sample of 0-percent BAC was obtained. Dahl was issued an appearance ticket and uniform traffic tickets returnable to the Town of Darien Court on Aug. 9.

August 3, 2016 - 12:54pm
posted by Billie Owens in crime, news, pembroke.

Michael T. Dibble, 25, of Corfu, was arrested by State Troopers for: felony driving while intoxicated -- with a previous conviction; felony first-degree aggravated unlicensed operation -- alcohol; criminal possession of controlled substance, 7th; failure to keep right; moving from lane unsafely; and use of vehicle without ignition interlock device.

Shortly after 4:30 p.m. on Friday, July 29, Dibble was traveling northbound on Angling Road in a Chevrolet Cobalt when he crossed over the center line in the path of a tanker truck causing a collision, according to the Troopers' press release issued Tuesday.

Dibble was in and out of consciousness at the scene and was taken by Mercy Flight to ECMC. 

Troopers, investigating the scene located a white powdery substance that appeared to be heroin. Dibble was unable to perform any standard field sobriety tests or evaluations due to his injuries but gave consent to draw blood at the hospital. Dibble was listed in stable condition with a broken left forearm and a leg injury.

He was issued uniform traffic tickets returnable to Pembroke Court at a later date. The driver of the truck was not injured.

(For the initial report click here.)
August 2, 2016 - 3:46pm
posted by Billie Owens in crime, news, batavia, irs scam.

Press release from the City of Batavia Police Department:

The Batavia Police Department has been made aware of an IRS Scam involving phone numbers associated with the City of Batavia Government Offices.

The scammers state that they are with the City of Batavia and that they are collecting for the IRS.

They then ask for funds to be transferred into an account within an hour to prevent arrest and / or additional charges. The caller ID shows an actual phone number associated with the City of Batavia. City Officials were made aware of the scam by a subject in New York City who had received several calls.

The City of Batavia is not collecting funds for the IRS.

The Batavia Police Department is urging citizens to not provide any personal information over the phone and to never transfer money to anyone unless the recipient can be verified.

Below is a list of things that the IRS will not do per their website: https://www.irs.gov/uac/newsroom/phone-scams-continue-to-be-a-serious-threat-remain-on-irs-dirty-dozen-list-of-tax-scams-for-the-2016-filing-season

The IRS will never:

  • Call to demand immediate payment, nor will the agency call about taxes owed without first having mailed you a bill.
  • Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe.
  • Require you to use a specific payment method for your taxes, such as a prepaid debit card.
  • Ask for credit or debit card numbers over the phone.
  • Threaten to bring in local police or other law-enforcement groups to have you arrested for not paying.

If you get a phone call from someone claiming to be from the IRS and asking for money, here’s what you should do:

If you don’t owe taxes, or have no reason to think that you do:

  • Do not give out any information. Hang up immediately.
  • Contact TIGTA to report the call. Use their “IRS Impersonation Scam Reporting” web page. You can also call 800-366-4484.
  • Report it to the Federal Trade Commission. Use the “FTC Complaint Assistant” on FTC.gov. Please add "IRS Telephone Scam" in the notes.

If you know you owe, or think you may owe tax:

  • Call the IRS at 800-829-1040. IRS workers can help you.
August 2, 2016 - 1:49pm
posted by Billie Owens in crime, news, batavia, Alabama, elba.

OV Murphy, 57, of West Main Street Road, Batavia, is charged with: DWI -- previous conviction; aggravated DWI -- previous conviction; DWI -- with a child passenger under age 16; back seat child passenger with inappropriate restraint; and endangering the welfare of a child. Murphy was arrested at 9:36 p.m. on July 31 on Ross Street in Batavia. Police were called to Northwside Meadows apartments for the report of people arguing in a vehicle. Police located the vehicle traveling on Ross Street. An investigation allegedly revealed that Murphy was intoxicated and had two children under age 15 in the vehicle with him. He was jailed without bail. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Cronmiller.

Alisha Adara Soule, 20, of Route 237, Batavia, is charged with second-degree harassment. At about 9:30 p.m. on July 26, Batavia Police were dispatched to a residence on Tracy Avenue in the city for a reported family distrubance which became physical. A subsequent investigation determined that Soule had allegedly struck a family member during a verbal altercation prior to leaving the residence. She turned herself in and was issued an appearance ticket for Aug. 9 in City Court. The case was handled by Batavia PoliceOfficer Arick Perkins, assisted by Sgt. Matthew Lutey.

Jacob L. Hernandez, 21, of Warren Acres Lane, Taylorsville, NC, is charged with fourth-degree criminal mischief. He was arrested at 3:09 a.m., July 23, on Jackson Street, Batavia, following an investigation into a damaged window. He was processed, issued an appearance ticket, and ordered to appear in City Court this afternoon. The case was handled by Batavia Police Sgt. Matthew Lutey, assisted by Officer Eric Foels.

Gregory S. Yark, 52, of Walnut Street, Batavia, is charged with third-degree burglary, second-degree criminal contempt, and possession of a hypodermic instrument. On the morning of July 29, while on patrol, Batavia Police Officer Jason Davis noticed Yark riding his bicycle into a driveway of a residence on Roosevelt Avenue. The residence in question was that of a person who had a full stay-away order of protection from Yark, barring him from being on the property. Yark allegedly entered the garage, sat down to enjoy a smoke, making himself right at home. He was arrested at 8:45 a.m. and allegedly found to be in possession of two hypodermic needles. He was jailed in lieu of $25,000 cash bail or $50,000 bound and was due in City Court Aug. 1. Officer Davis was assisted by Officer Jason Ivison.

Elizabeth Michelle Grattan, 26, of West Main Street Road, Batavia, is charged with: unauthorized use of a motor vehicle, 3rd; leaving the scene of a property damage accident; and unsafe backing. Following an investigation in the Town of Alabama, Grattan was arrested for allegedly operating a motor vehicle with the owner's consent. On Aug. 1, between 12:30 and 2 a.m., she allegedly took the vehicle from a residence on Judge Road in Alabama without permission. While doing so, she allegedly damaged the person's mailbox. She was released on an appearance ticket for Aug. 23 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Lee A. Baxter, 32, no address provided, was arrested at 1:38 a.m. on July 26 on Central Avenue in Batavia for allegedly violating an order of protection in place for a person on Central Avenue. He is charged with second-degree criminal contempt. He was jailed on $1,000 cash bail or $2,000 bond. Baxter is due in City Court on Wednesday (Aug. 3). The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

Matthew C. Olcott, 37, of Woodstock Gardens, Batavia, is charged with second-degree criminal use of drug paraphernalia, and seventh-degree criminal possession of a controlled substance. At 9:30 a.m. on July 27, during a Probation home search conducted by Probation officers Williams, Buchholz and Heale, the defendant was allegedly found to be in possession of a crack pipe with residue. Probation Officer Williams contacted Batavia PD for further investigation. Batavia Police Officer Jason Davis assisted Probation in the arrest of Olcott, who was jailed in lieu of $15,000 cash bail. During this investigation, Olcott's girlfriend, 30-year-old Sara Elliott, was arrested for allegedly being in possession of marijuana. She was issued an appearance ticket for Aug. 9 in City Court. Officer Davis was assisted in both cases by Officer Frank Klimjack.

Thomas T. Bennett, 51, of Bank Street, Batavia, is charged with second-degree contempt. At 4:35 p.m., July 28, on Ellsworth Avenue, Batavia, Bennett allegedly had contact with, and went on the property of, a party protected by a stay-away order of protection. He was issued an appearance ticket for Aug. 4 in City Court. The case was handled by Batavia Police Officer Jamie Givens.

Tierance J. Davis, 29, of Hundremark Road, Elba, is charged with failure to appear. Davis was arrested July 28 on an arrest warrant for allegedly failing to pay a parking ticket after is was issued on Jan. 6, 2013. Davis posted the unpaid fine and was released from custody. The case was handled by Batavia Police Officer Jamie Givens.

Joseph W. Freeman, 32, Platten Road, Lyndonville, was taken into custody from Orleans County Jail on July 26 on a bench warrant issued out of Batavia City Court. He posted bail and was issued an appearance ticket for this afternoon in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Mathew P. Parker, 26, of West Avenue, Medina, was arrested on a bench warrant for allegedly failing to pay a fine issued because of an incident on May 24, 2015. He was released and is due to return of City Court on Wednesday (Aug. 3). The case was handled by Batavia Police Officer Jamie Givens.

John Anthony Hertz, 32, of Mechanic Street, Elba, is charged with unlawful possession of marijuana. At 11:02 p.m. on Aug. 1, following the investigation of a cehck-the-welfare complaint, Hertz was arrested for allegedly unlawfully possessing marijuana. He allegedly hid a small amount of marijuana and a glass smoking pipe in his yard prior to police arriving. He was issued an appearance ticket for Town of Elba Court on Aug. 31. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

August 1, 2016 - 10:35pm
posted by Howard B. Owens in Kyle Johnson, crime, Le Roy, news.

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NOTE: This story is a complete version of the breaking news item we posted earlier today.

The Le Roy resident charged with murder in the shooting death of Norman "Don" Ball during the early morning of Dec. 1 entered a plea in Genesee County Court this afternoon of not guilty by reason of mental disease or defect.

District Attorney Lawrence Friedman told Interim Judge Micheal Pietruszka that two psychologists examined the 53-year-old defendant, Kyle G. Johnson, and both found that Johnson is dangerously mentally ill. One expert was hired by the defense and one by the prosecution. If the case had gone to trial, both would have testified about Johnson's mental condition.

Defense Attorney Jerry Ader told Pietruszka that at trial he would mount what is called an "affirmative defense" that his client was affected by mental illness that time the crime was committed. With the prosecution's own expert witness agreeing with the diagnoses, Friedman said the people would accept the plea.

Johnson was facing an eight-count indictment that included charges of murder, burglary, arson and attempted murder. Johnson the suspect in the shooting death of Ball, accused of entering his Selden Road neighbor's home and shooting him in the head while he slept, and then returning to his own residence and setting it on fire and then firing a Le Roy fire chief and a Le Roy police officer when they responded to the fire alarm.

There was then an hours-long stand-off with Johnson while he wandered around the area of his burning home, reportedly asking officers to shoot him, and a couple of moving times toward officers with his rifle cradled in his arms.  Emergency response teams, with armored vehicles,  from Genesee County and Monroe County swarmed the scene and Johnson, surrounded, eventually agreed to peacefully surrender to authorities.

After accepting Johnson's plea, Pietruszka ordered Johnson transferred to a state-run, secure mental health facility where he must undergo further evaluation to confirm the diagnoses. He will be evaluated either by two psychologists or a psychologist and a psychiatrist. The results of those exams will determine whether Johnson remains in a secure mental health facility or is moved to an in-patient facility or released. That decision will be based on whether he is found dangerously mentally ill, mentally ill or not mentally ill.

"We fully expect they will find him dangerously mentally ill," Friedman said.

In court, Friedman said that Johnson's mental health history, stretching back 11 years, was 400 pages long. He did not reveal what sort of mental health issues that Johnson may have been treated for, or if any of that record indicated anything about being a threat to himself or others.

Today's plea ends all further criminal prosecution of Johnson these charges, Friedman said, even if at some later date -- next week, next month, next year, or years from now -- he is deemed mentally healthy enough to return to society.

Pietruszka asked Johnson during the hearing if he understood that his plea could mean he would spend the rest of his life in a mental institution, and Johnson said yes.

Throughout all of Pietruszka's questions, Johnson made no statement beyond answering yes or no.

Friedman said with the plea, it's quite possible that Johnson will spend more time in confinement than if he had gone to trial, been found guilty and sentenced to prison.

Johnson will be taken to the Rochester Psychiatric Center and held there while undergoing exams. The staff has 30 days to complete a report, but a 30-day extension could be requested. Pietruszka did not want to schedule Johnson's next court appearance until the report is completed.

If the case had gone to trial, Johnson would face multiple ranges of potential prison terms, including a max of 40 years to life.

Outside of court, the children of Don Ball were not entirely happy with Johnson's plea and the fact that he will avoid prison, as well as a belief that the system failed by allowing Johnson to be free, and own a weapon, even before Dec. 1.

"We're not very happy that he's not going to be incarcerated, but we will all work very hard to ensure things like this don't happen again, where somebody like this is let out of a secure facility and then be able to be unsupervised in society," said Ryan Ball, standing with his sister Cherie Wesser, Shawan Gell. Jeanette Keating,

Ball also said he saw some benefit to Johnson receiving mental health treatment. He just doesn't trust that Johnson won't be released at some point.

"He needs help like that," Ball said. "He needs to be in a secure place. He's a dangerous person and he has been in and out for the past 11 years. Even though that has happened, he was let out by those people. Now he's in another secure facility. What are the chances that he will be let out again? It's as if they waited for something to happen. Now that something did happen, they're saying, 'well, maybe, he will be in for the rest of his life.' That's very upsetting."

Keating questioned whether the government is really doing a good enough job protecting the public from dangerously mentally ill people. 

"If there were better policies and procedures in place for the mentally ill, then maybe our dad would still be here," Keating said. "The revolving door is upsetting -- to see somebody released, still having a mental defect, with just the hope that they will continue with their medication when there is no supervision."

Asked if they were concerned that Johnson had been able to obtain a firearm, Keating said, "absolutely."

"That was one of our first questions," she said. "How is it that he had a firearm?"

Ask if he felt the judicial system had let the Ball family down, Ryan didn't go that far.

"It's a failure at some point," Ball said. "I'm not sure what that point is, but I'm going to work hard to find out exactly where this failed. This guy has been known to be a dangerous and mentally ill person for a long time."

Friedman also seems to express some doubts about how Johnson obtained a firearm and was not better supervised.

"This (Johnson obtaining a firearm) is a very big concern, obviously," Friedman said. "Unfortunately, that is something that was not prevented in this case. We can talk about the possible failings of the system in the past that this happened, but this is just a tragedy."

August 1, 2016 - 5:14pm
posted by Howard B. Owens in crime, batavia, news.

Daniel Dioguardi was sentenced in Genesee County Court today to a prison term of two to four years on his conviction for third-degree burglary.

The Le Roy resident was arrested in May, 2015, in connection with a break-in on Columbia Avenue that resulted in the theft of some PlayStation4 games, which were traded in at a local game store. That helped police identify Dioguardi, Det. Eric Hill said, and Dioguardi was also known to the victim.

Dioguardi apologized to the people he hurt, his family, and the court "for taking up everybody's time."

He thanked Interim Judge Michael Pietruszka for giving him a shot a substance-abuse rehabilitation, which his attorney Jamie Welch said had gone well for Dioguardi.

Dioguardi said getting clean allowed him to reconnect with his family, especially his 4-year-old son, whom he called his "little angel."

The sentence was enhanced because Dioguardi has a prior felony conviction. He was on probation at the time of this arrest, and under terms of the plea deal, Pietruszka gave Dioguardi one-and-a-third to four years in prison, to be served concurrently with the prison term for burglary.

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