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May 31, 2017 - 6:15pm
posted by Billie Owens in crime, news, Le Roy, Grand Jury.

Cassy L. Drury is indicted for the crime of third-degree rape, a Class E felony. It is alleged that on Jan. 23 in the Town of Le Roy that Drury, who is a female over the age of 21, engaged in sexual intercourse with another person less than 17 years old. In counts two and three, she is accused of committing the same crime on Jan. 30 and  31, respectively, also in the Town of Le Roy. In count four, Drury is accused of third-degree stalking, a Class A misdemeanor. It is alleged in count four, that Drury -- with intent to harass, annoy or alarm a specific person -- intentionally engaged in a course of conduct directed at that person. This alleged course of conduct was likely to cause such person to reasonably fear physical injury, serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of this person or a member the person's immediate family.

May 31, 2017 - 6:12pm
posted by Howard B. Owens in crime, pembroke, news.

Charles Schilling, who has already had to change attorneys once, had several requests for County Court Judge Charles Zambito today: he wants a new attorney; he wants a change of venue; he wants a copy of the Grand Jury transcripts; he wants a copy of any of the discovery gathered in his case; he wants tapes or transcripts of calls he believes were recorded. 

He was very polite to Zambito while reading the statement he prepared and in responding to Zambito's questions or statements, but much of what he asked for, he isn't getting.

Schilling, a resident of Akron, but currently being held in the Livingston County Jail, was indicted on counts of second-degree burglary and second-degree criminal trespass a year ago. The charges stem from an apparent dispute with a woman in Pembroke. On Thanksgiving Day, Schilling was reportedly shot in the leg by the woman's father after he allegedly broke into their home.

Public Defender Jerry Ader became Schilling's attorney suddenly a couple of weeks ago after the private attorney who had been handling the case quit. Apparently, there were phone conversations between Schilling and the attorney that prompted the attorney to quit the case.

Schilling said he was just trying to ensure he was getting good representation because his parents laid out $15,000 for his defense. He wanted tapes of the conversations he had with his attorney because he believes the recordings, which he believes exist, would exonerate him of the accusation of speaking inappropriately to the attorney.

Zambito told him he has a new attorney, he's keeping his new attorney because he failed to show adequate cause for new appointed counsel, and any issue with his prior attorney was settled, as far as the court is concerned, once the attorney was removed from the case.

Schilling said he doesn't believe he can get a fair trial in Genesee County because he believes his troubles in the Genesee County Jail -- the reason he's being held in Livingston County -- will spill over into his trial.

Zambito denied his request for a change of venue.

Assistant Public Defender Robert Zickl said Schilling isn't entitled to copies of the Grand Jury transcripts, by statute, until his case goes to trial, and he shouldn't have them until then, and Zambito agreed.

Schilling also claimed that a person involved in the case was involved in making a pornographic video that can be found online and he wanted information on the investigation into the video.

Zickl said there is no such video; there is no investigation and there won't be an investigation.

As for other discovery, Ader is in the process of obtaining those documents and statements and asked for another 30 days to obtain and review the material.

May 31, 2017 - 2:27pm
posted by Howard B. Owens in crime, batavia, news.

Marlet Holmes

Serial sexual predator Marlek Holmes will be locked away in state prison for 15 years, with more local charges pending, after his sentencing in Genesee County Court today.

The 43-year-old Holmes, who has already spent 14 years of his adult life in prison and is a registered Level 3 sex offender, read a lengthy statement to Judge Charles Zambito before his sentencing in which he declaimed all responsibility for the sexual assault on his underage victim except that he should have been the one protecting her from another, unnamed, assailant. 

"If I had not been in prison, I would have been there to protect her from the person who sexually abused her," he said.

His victim also spoke in court -- a slight girl, barely in her teens, whose pink pants fit loosely on her thin frame -- and cried throughout most of her statement, which both described the horror she knows she will always live with and the pain of the physical assaults.

"I'm scared to even look at you," she said.

She said she can forgive but never forget.

"I wish you the best," she said. "I know you're not going to make it, but God bless."

Holmes, wiry and muscular, sat casually at the defense table, dressed in an orange jail jumpsuit, with his hands cuffed to his waist, and never looking at the girl.

District Attorney Lawrence Friedman said Holmes caught quite a break in getting a plea agreement the day his trial was supposed to start May 4. Holmes was originally charged, in this case, with Class A felonies of predatory sexual assault and predatory sexual assault against a child. A conviction in a jury trial may have meant a life sentence.

Friedman said he believes a life sentence would be appropriate, but the deal -- saving the girl, who said she also favored Holmes getting life in prison, the necessity of testifying -- allowed Holmes to plead guilty to a Class C violent felony, attempted criminal sexual act in the first degree.

After going through Holmes' lengthy criminal record, which includes prior sexual assaults, two prison terms, two periods on parole, and still 27 counts of other criminal charges, Friedman said Holmes deserved no more consideration in his sentence than what he's already received.

"He is a sexual predator," Friedman said. "He has always been a sexual predator. He will always be a sexual predator."

Zambito noted the contradiction between the statement provided by Holmes and the clear, emotional statement by his victim naming him as the abuser. Holmes, he said, did get a substantial break with the plea deal.

"I can't conceive of any legitimate reason to give anything other than the maximum sentence this plea allows," Zambito said.

A trial date for the other charges against Holmes was set for Aug. 28, but both Fred Rarick, representing Holmes, and Friedman, said they would discuss a possible plea deal to settle those charges as well.

May 30, 2017 - 2:56pm
posted by Billie Owens in crime, news, batavia, Stafford, Le Roy, alexander.

Robert Joseph Stevenson, pictured left, 25, of Park Avenue, Rochester, was arrested on Saturday, May 27, by the Le Roy Police Department and charged with one count of criminal possession of a controlled substance, 3rd, a Class B felony, and one count of criminal sale of a controlled substance, 3rd, also a Class B felony. Juan Luis Rivera, 31, of West Main Street, Le Roy, was also arrested that day and charged with one count of criminal possession of a controlled substance, 7th, a Class A misdemeanor. At about midnight, patrols observed what appeared to be a verbal altercation occurring between two males, one of the males being Juan Rivera and the other a bouncer from a local bar, on Main Street in the Village of Le Roy. While patrols were speaking with both parties, they learned that Geneva Police Department had an active warrant for Rivera, who was taken in custody as a result of the warrant. At that time, Rivera was allegedly found to be in possession of a quantity of cocaine. Police then received information that the cocaine had been purchased in the village earlier in the evening on Friday, May 26 and they were able to identify a possible suspect. After a brief investigation, it is believed that late Friday evening Stevenson allegedly possessed a quantity of cocaine with the intent to sell and did sell said cocaine to Rivera. Rivera was issued an appearance ticket and is to appear in the Le Roy Town Court on June 12 to answer to the charge. Rivera was then turned over to the Geneva Police Department. Stevenson was arraigned then put in Genesee County Jail in lieu of $15,000 bail. Stevenson is to return to the Le Roy Town Court on June 5.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with disorderly conduct, obstruction of governmental administration, and resisting arrest.On May 27, Batavia PD responded to an address on Jackson Street for a reported disturbance. While on location, police allegedly observed McNear acting in a "violent and tumultuous way." McNear was taken into custody after a brief physical altercation. The defendant was arraigned and jailed on $1,000 cash or bond. McNear is due back in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Foels.

Michael Bryan German, 34, of Ellicott Street, Batavia, is charged with DWI, aggravated DWI with a BAC of .18 percent or higher, and moving from lane unsafely. At about 1 a.m. on May 27, Genesee County Sheriff's Deputy Ryan Young was traveling east on Route 5 in the City of Batavia when a Ford pickup truck allegedly moved from its lane unsafely, almost striking Deputy Young's vehicle. Deputy Young initiated a traffic stop on the pickup truck. After a brief investigation of the driver, German was taken into custody and charged as noted. German was issued appearance tickets and released. The defendant is due in City Court on June 21 to answer the charges.

Darazian "Willie Paul" Williams, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance in the 7th degree and failure to keep right. At 7:29 p.m. on May 25 on Alexander Road, Alexander, Williams was arrested following a property damage accident. He allegedly possessed amphetamine pills at the time. He was issued an appearance ticket for Town of Alexander Court on June 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Sgt. Jason Saile.

Chris Kaboingo Mukendi, 28, of Mill Street, Le Roy, is charged with criminal possession of a controlled substance in the seventh degree. Mukendi was arrested at 7:29 p.m. on May 25 on Alexander Road in Alexander followinf a property damage accident. Mukendi allegedly possessed amphetamine pills at the time. The defendant was issued an appearance ticket for Town of Alexander Court on June 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Sgt. Jason Saile.

Alan P. Ellis, 36, of Woodstock Gardens, Batavia, is charged with criminal contempt in the second degree -- violating a valid order of protection. Ellis allegedly sent text messages to a protected party on Ellsworth Avenue, Batavia, in violation of a duly served order of protection out of Batavia City Court. He was subsequently arrested and jailed in lieu of $1,000 bail. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Peter Flanagan.

Philip S. Pompey, 28, of Lark Street, Buffalo, is charged with aggravated unlicensed operation of a motor vehicle, 3rd. He was arrested May 27 on a warrant out of City Court and is due in City Court this afternoon. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Darryle Street.

Katrina L. Thigpen, 34, of Thrope Street, Batavia, is charged with offering to file a false instrument in the first degree and issuring a false financial statement with intent to defraud. Thigpen was arrested at her residence after she allegedly provided GC Probation Department with false NYS and Federal tax return information on May 15. She was issued an apearance ticket and released. She is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Paul E. Tenney, 71, of East Morganville Road, Stafford, responded to Batavia Police Department Headquarters on his own accord after a bench warrant was issued. He was subsequently arrested for NYS Fire Code violations, which allegedly occured at 198 Ellicott St. at 1:30 p.m. on May 19. He is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

A 17-year-old who lives on Slocum Road, Perry, is charged with unlawful possession of marijuana. Following a complaint on May 28 at 9:54 p.m. on Veterans Menmorial Drive, the defendant was arrested for allegedly possessing a small quantity of marijuana and issued an appearance ticket for Town of Batavia Court on June 26. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Ryan DeLong.

May 30, 2017 - 1:39pm
posted by Howard B. Owens in crime, batavia, news.

A mother managed to push her child out of the way of an oncoming car that struck her and killed the family's two dogs Saturday afternoon on Allen Street, Batavia.

The name of the 32-year-old woman hasn't been released, nor has the name of the juvenile driver.

The accident was reported at 3:16 p.m., Saturday.

A gold Ford Taurus was eastbound on Allen Street when it left the roadway, went over a curb and not the sidewalk, according to police. 

The woman pushed her son out of the way as the car approached.

The driver reportedly fled the scene but returned later.

He was allegedly driving the vehicle without the owner's permission. 

Police said the medical status of the woman is not known at this time. 

The investigation is ongoing and police said no further information will be released.

Potential witnesses are asked to contact Det. Rich Schauf at (585) 345-6312 or the confidential tip line at (585) 345-6370.

May 30, 2017 - 12:20pm
posted by Howard B. Owens in batavia, crime, news.

A local businessman who said he hasn't even had time to grieve his sister's death because of five years of litigation around her estate was given a conditional discharge in County Court today on his prior guilty plea to a misdemeanor of falsifying business records.

James Pontillo's attorney, Fred Rarick, reminded Judge Michael Mohun, who is handling this case, that his client accepted a plea deal, not because he had done anything wrong, but because he wanted to get this part of the legal issues surrounding his sister's estate behind him.

"I tried to do everything the best of my ability," Pontillo said. "I did everything I was called upon to do, but there seems to be a misunderstanding."

Much of what this case is about, apparently, is tied up in surrogate's court, where Scott German, as one of his duties as county treasurer, has been appointed the administrator of the estate of Jeanne Veronica Pontillo, because there was nobody else deemed qualified to assume that role.

Pontillo has said he was trying to take care of his sister's properties while the estate was settled.

The conditional discharge means the Pontillo's conviction can be dismissed if he has no run-ins with the law for a year. He was required to pay $2,500 in restitution, which Rarick asked to be applied to back taxes on Jeanne Pontillo's properties, but District Attorney Lawrence Friedman objected to the redirection of the money.

Three of the properties -- none of them in Genesee County -- are about to go into tax lien foreclosure because nobody has paid the property taxes on those properties.

"The hardest thing about all of this is I haven't been able to properly been able to grieve for my sister," Pontillo said. "This has been going on for five years. She was more than a sister to me," he said as his voice quivered, "she was like a daughter to me."

He said the litigation has affected him personally, financially and professionally.

"I just want it to end."

Friedman renewed his request for an order of protection, requiring Pontillo to have no contact with German. This was a contentious issue in December in front of then Interim Judge Micheal Pietruszka. Rarick raised concerns about the order and the ongoing probate issues, so Pietruska agreed to amend the order, but Friedman asked for further refinement, and after more back and forth among the attorneys, Pietruszka literally tore up the order in court.

Again, today, Rarick and Friedman couldn't agree on the necessity of the order, and while Rarick acknowledged personal animosity between Pontillo and German, he said he feared German could use the order to make a false claim against his client.

Friedman scoffed at the suggestion and said a false claim is possible with any order of protection. That's no reason, he said, not to issue one.

Mohun didn't sign the order. He thought an order of eight years was excessive in a case involving a conditional discharge, but he amended Pontillo's conditional discharge so it requires him to stay away from German for the next year.

Previously: Landlord accused of falsely claiming to own a dwelling in Batavia (we've covered James Pontillo extensively over the years and this story contains links to most of that prior coverage).

May 29, 2017 - 2:07am
posted by Billie Owens in crime, news, indian falls.

A large fight involving about 20 people is reported at the Indian Falls Log Cabin Restaurant, 1227 Gilmore Road, Corfu. Sheriff's deputies are en route.

UPDATE 2:14 p.m.: "All units responding to the Log Cabin, you can disregard..." says a dispatcher. The first deputy to arrive reported "On scene. There are four cars in the parking lot and no one outside."

May 27, 2017 - 1:30pm
posted by Billie Owens in crime, news, Le Roy.

This just in...just in time for summer...a caller reports that their porch furniture has been stolen. Le Roy PD is responding to the complaint on Wolcott Street.

May 26, 2017 - 11:18am
posted by Howard B. Owens in crime, Darien, darien lake performing arts center, news.

Roberto James Echevarria, 19, of Laurelwood Drive, Rochester, is charged with assault, 3rd. Echevarria is accused of recklessly causing injury to another person while after a concert at Darien Lake Performing Arts Center on Wednesday. At about 11:10 p.m., Echevarria allegedly threw a glass bottle from a moving vehicle that struck another person, hitting the victim in the face resulting in a cut. Echevarria was processed at the Genesee County Jail and released on an appearance ticket.

May 25, 2017 - 3:54pm
posted by Howard B. Owens in darien lake performing arts center, darien lake, Darien, crime, news.

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

Jessica Ross, 31, of Jasper Parrish Road, Buffalo, is charged with two counts of trespass, second-degree harassment and resisting arrest after allegedly attempting to entering the concert venue after being ejected twice and told not to return. Ross allegedly punched and kicked deputies while being taken into custody. Ross was arraigned in Darien Court and put in jail in lieu of $500 bail.

Alex M. Gonzalez, 20, of Premption Road, Geneva, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Joshua R. Dauer, 19, of Steven Drive, Cheektowaga, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

(name redacted because of age), 16, of Marvin Hill Road, Springwater, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Noah J. Klumpp, 19, of Buffalo Street, Hamburg, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Jonothan S. Daley, 19, of Miles Allen Boulevard, Elkland, Pa., is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Rae M. Warner, 19, of Calm Lake Circle, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Roberto J. Echevarria, 19, of Laurel Wood Drive, Rochester, is charged with third-degree assault after allegedly throwing a bottle, striking another subject in the face, causing a laceration.

Alexander Labor, 21, of Peach Street, Buffalo, is charged with harassment, 2nd, after allegedly pushing a Live Nation security officer.

Dewayne E. Johnson, 55, of Westside Drive, Chili, is charged with harassment, 2nd, after allegedly pushing a Live Nation security officer.

Nathaniel T. Welnhofer, 18, of Colvin Boulevard, Tonawanda, is charged with disorderly conduct after allegedly urinating in public while in the crowd at the concert venue entrance.

Zachary P. Liberatore, 20, of Stonehedge Drive, Orchard Park, is charged with trespass and criminal trespass, 3rd, after allegedly refusing to leave the concert venue and then being found inside the concert venue.

(name redacted because of age), 17, of East Ravenside Lane, Webster, is charged with criminal trespass, 3rd, after allegedly crawling under a fence to enter the concert venue.

Nadia M Jones, 20, of Magee Avenue, Rochester, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Andrew JW Delles, 20, of Black Creek Drive, Niagara Falls, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Jake R Viza, 20, of Webster Road, Webster, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Olivia I. Flink, 19, of Marlbank Drive, Rochester, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Jennifer M. Abbott, 20, of Bostwick Road, Phelps, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

May 25, 2017 - 8:43am
posted by Howard B. Owens in crime, pembroke, news.

Tawny L. Collazo, 32, of Swan Street, Dunkirk, is charged with DWI, felony DWI with passengers under 16 years of age, and driving with a BAC of .08 or greater. Collazo was stopped at 12:48 a.m. on Main Road, Pembroke, by Deputy Jeremy McClellan. Collazo is accused of driving drunk with two children under age of 16 in the vehicle. Collazo was released on an appearance ticket.

May 24, 2017 - 10:07am
posted by Howard B. Owens in crime, batavia, news, Pavilion, darien center.

James L. Ozzello, 29, of Kathryns Way, Livonia, is charged with: pedestrian failed to yield right of way to a vehicle; pedestrian proceeded into the path of a vehicle; disorderly conduct; and resisting arrest. The alleged incident was reported at 2 a.m. Saturday on West Main Street, Batavia. Ozzello was jailed on $1,000 bail.

Geoffrey M. Anderson, 51, no permanent address, was arrested on a warrant for failure to appear. He was jailed without bail.

Bonnie Mae Marrocco, 47, of Swan Street, Batavia, is charged with criminal mischief, 3rd. During an argument, Marrocco allegedly damaged property of another person with a value of more than $250.

Rebecca A. Edwards, 23, of Central Avenue, Batavia, is charged with petit larceny. Edwards was arrested on a warrant and jailed on $500 bail.

Wendy Lee Henry, 32, of Central Avenue, Batavia, is charged with obstruction of governmental administration. Henry allegedly interfered with a medical situation at 4:08 a.m. Friday at a residence on Central Avenue.

Christopher S. Usselman, 25, of Hamilton Street, Albion, is charged with criminal impersonation, 2nd, two counts of aggravated unauthorized operation, 2nd, open alcoholic beverage in motor vehicle, and unlawful possession of marijuana. Usselman was stopped at 1:49 a.m. Friday on West Main Street, Batavia, for an alleged traffic violation by Officer Mitchell Cowen. Usselman allegedly initially gave the officer the name of another person for his identity. Further investigation allegedly led to the discovery of an open container of an alcoholic beverage in the vehicle, marijuana and a revoked driver's license.

Bleyke Z. Culver, 20, of Willow Street, Batavia, is charged with disorderly conduct, trespass, and criminal mischief, 3rd. Batavia PD responded to a residence on Maple Street at 8:02 p.m. Friday for a report of a disturbance involving several people. Police were able to separate the parties and after an investigation, Culver was arrested. Culver was jailed (bail status not included in press release). Also arrested and charged with disorderly conduct, Laqueasha M. Taylor, 23, of Bank Street, Batavia.

Bryan S. Harris, 35, of Stratford Road, Buffalo, was arrested on a warrant stemming from an incident reported at 9 a.m., Feb. 23, 2015. No further details released.

Sandra Ann Muhs, 50, of South Street Road, Pavilion, is charged with driving while ability impaired by drugs, failure to keep right, and unsafe tires. Muhs was arrested by Deputy Mathew Clor following the report of a motor-vehicle accident, no injuries, at 5:56 a.m. Tuesday in the area of 9778 South Street Road, Pavilion.

Corey B. Rieser, 29, of Darien Center, is charged with aggravated unlicensed operation, 3rd, insecure license plate, and visibility distorted by broken glass. Rieser was stopped in the Town of Sheldon by Sgt. Colin Reagan, Wyoming County Sheriff's Office, for alleged traffic violations. He was jailed on $500 bail or $2,500 bond.

May 23, 2017 - 3:34pm
posted by Howard B. Owens in crime, Alabama, news.

mug_mickeyjacobs2017.jpg

Mickey A. Jacobs, 24, of Lone Road, Basom, is charged with strangulation in the second degree, a Class D felony, two counts of assault in the third degree and three counts of endangering the welfare of a child.

Jacobs is accused of holding the throat of another person and striking that person in the face several times while in the presence of children. 

During the confrontation, Jacobs allegedly struck another person in the face, causing an injury.

The alleged incident was reported at 11:40 p.m., May 15.

Following arraignment in Alabama Town Court, Jacobs was jailed on $20,000 bail.

The case was investigated by Deputy Eric Meyer and Deputy Kyle Krzemien, with assistance from State Police.

May 23, 2017 - 2:54pm
posted by Billie Owens in crime, news, Stafford, Le Roy.

Nicole K. Sullivan is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on June 10 in the Town of Stafford, Sullivan recklessly caused serious physical injury to a male victim by means of a motor vehicle. In count two, she is accused of the crime of endangering the welfare of an incompetent or physical disabled person in the first degree, a Class E felony. In count two, it is alleged that Sullivan knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a person who was unable to care for himself because of physical disability, mental disease or defect. In count three, Sullivan is accused of leaving the scene of an accident without reporting it, a Class E felony. In count three, Sullivan allegedly drove a motor vehicle and caused serious personal injury to a male victim and failed to stop, and when no police officer was in the vicinity of the place where injury occurred, she failed to report the incident as soon as physically able at the nearest police station.

Shannon M. McGill is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on July 30 in the Town of Stafford, McGill operated a 2013 Ford on Main Road while in an intoxicated condition. In count two, she is accused of driving while intoxicated per se, as a misdemeanor. It is alleged in count two that she had a BAC of .08 percent or more at the time. In count three, she is accused of second-degree vehicular assault, a Class E felony, for allegedly causing serious physical injury to a male victim as a result of driving while intoxicated. In count four, McGill is accused of second-degree vehicular assault, another Class E felony, for allegedly having a BAC of.08 percent higher at the time she caused serious physical injury to the victim.

Brandon S. Beil is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Feb. 18 in the Town of Le Roy, Beil operated a 2009 Chevy on Clay Street while in an intoxicated condition. In count two, Beil is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally preventing or attempting to prevent a law enforcement officer from making an authorized arrest.

May 23, 2017 - 11:48am
posted by Howard B. Owens in crime, batavia, news.

The assistant district attorney who prosecuted Heather Ace believes the Batavia mother whose 2-year-old twin boys died in a house fire 8157 State Street Road, Batavia, in May of last year is genuinely remorseful for leaving her children home alone unattended.

Ace was sentenced yesterday to a year in jail after previously pleading guilty to endangering the welfare of a child.

ADA Melissa Cianfrini said Ace has been remorseful since the night of the fire.

"As I said at sentencing, if she could go back and undo it she would a million times over," Cianfrini said. "I didn't doubt her remorse or that it was sincere."

Cianfrini said the DA's office is obligated to follow the evidence and the law and prosecute suspects with the highest charges available to them based on the evidence and the law. Since there is no indication that Ace was involved in any way with starting the fire or causing the fire, the only charge that fit the crime, Cianfrini said, was endangering the welfare of a child.

She originally faced two charges, but since both charges stemmed from the same event, she could not receive separate, consecutive one-year sentences. The maximum available sentence was a year in jail.

The cause of the fire has never been determined and this morning Chief Deputy Jerome Brewster said that while electrical has been ruled out as a cause, there was no evidence uncovered that suggested any other cause.

Ace wasn't at home at the time of the fire. There was also nobody else with Michael and Micah Gard when the fire broke out. They were locked in a bedroom and nobody was able to reach them in time after the fire was spotted by neighbors. The boys died of smoke inhalation. 

According to her statement, Ace left the tots home alone to go to a friend's house. She said she stopped to buy a malt liquor and also smoked some marijuana while she was out of the house.

When Ace's mother heard about the fire, she tried calling Ace, who didn't answer her phone. She then sent a text to her daughter, according to statements to investigators, "Answer your f---ing phone."

Ace answered on the next ring. She was hysterical by the time she reached her house a few minutes later.

"She had no role in the fire," Cianfrini said. "It was a serious lack of judgment (leaving the boys alone)."

May 22, 2017 - 10:42am
posted by Howard B. Owens in crime, batavia, bergen, Alabama, Oakfield, news.

Jolene Michelle Lawson, 35, of West Main Street, Batavia, is charged with grand larceny, 4th. Lawson allegedly stole a purse from a person at Delre's Greenhouse & Garden Center, 4062 W. Main Street Road, Batavia. The purse reportedly contained a debit card, money, and personal papers. Lawson was located on West Main and taken into custody. The property was recovered from a wooded area and returned to the victim.

Michale Paul Bartovich, 34, of Burncoat Way, Pittsford, is charged with unlawful possession of marijuana. Bartovich was charged following a traffic stop on Judge Road, Oakfield, at 5:48 p.m. Saturday, by Deputy Chris Erion.

John Paul Daley, 36, of Alleghany Road, Alabama, is charged with felony DWI, muffler violation, and refusal to take a breath test. Daley was stopped at 12:19 a.m. Sunday on Route 77, Alabama, by Deputy James Stack.

James K. Clarke, 26, of 4th Section Road, Brockport, is charged with unlawful possession of marijuana, driving without an ignition interlock device and aggravated unlicensed operation, 3rd. Clarke was stopped at 5:37 a.m. Saturday on North Bergen Road, Bergen, by Deputy Jeremy McClellan.

May 18, 2017 - 9:35pm
posted by Billie Owens in crime, batavia, news.

"A large disturbance of 20 to 30 people" is reported on Maple Street in the city. Batavia PD units are responding along with Sheriff's deputies.

UPDATE 9:43 p.m.: Those involved scattered immediately and were gone by the time officers arrived, which was quickly. Officers are clearing the scene or have done so.

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.

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