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November 11, 2013 - 11:05pm
posted by Howard B. Owens in crime, Alabama.

A 49-year-old Alabama resident is being held without bail and facing two felony charges in connection with an alleged shots-fired incident at a residence on Bloomingdale Road early Monday morning.

Reuben Lay is charged with criminal possession of a weapon, 3rd, and reckless endangerment, 1st, both Class D felonies. He's also charged with misdemeanor counts of criminal obstruction of breathing or blood circulation and harassment, 2nd.

The incident began at 1:49 a.m. when dispatchers received a call from a woman on Bloomingdale Road saying she had been strangled.

As a deputy and trooper responded, she told dispatchers that her alleged assailant had gone into another room of the house and was trying to get his hands on a gun. She then reported he had the gun and had loaded it.

By the time law enforcement arrived, she was outside, in the driveway.

Shortly after the officers reported being on scene and speaking with the caller, a deputy told dispatchers, "Genesee, he just shot at my car. All units are backing out of the driveway. He just shot at the car."

A trooper then says, "We're out of there. Another gunshot."

An officer then said, "It sounds like a .22 rifle."

"They're close. They're close," said a deputy. "Wherever he's shooting from, get the --- out of there."

Minutes later, the Emergency Response Team was requested to the scene.

Because it was not a hostage situation and there was no signs of immediate danger, the ER team assembled at Batavia PD took some time making preparations to respond. About an hour later, the decision was made by the Sheriff's Office that ERT would not be needed.

We've requested more information from Chief Deputy Gordon Dibble about what happened next, but with the holiday, he has not responded to our request for more information.

Tonight, a press release about the arrest of Lay as the suspected shooter was issued by the Sheriff's Office.

Previously: Active shooter reported on Bloomingdale Road

November 11, 2013 - 4:29pm
posted by Howard B. Owens in batavia, crime, Le Roy.

Kenneth S. Lathrop Jr., 27, of 428 Garden City Drive, Syracuse, was arrested on a bench warrant. Lathrop was delivered to Batavia PD headquarters by a bail bondsman. Lathrop was arraigned in City Court and jailed on $5,000 bail or bond.

Steven E. Palmer, 28,of 361 Center St., Caledonia, is charged with felony DWI, felony driving with a BAC of .18 or greater and disobeyng traffic control device. Palmer was stopped by Le Roy PD on Friday. He was jailed on $1,500 bail.

LaShana Tonika Jones, 39, of Audubon Parkway, Syracuse, is charged with petit larceny. Jones is accused of shoplifting $119.84 in merchandise from Walmart.

Jeffrey Keith Wahr, 45, of Crittenden Road, Alden, is charged with DWI, driving with a BAC of .08 or greater and speeding. Wahr was stopped at 1:36 a.m. Sunday on Sumner Road, Darien, by Sgt. Brian Frieday.

Arthur Mack Osborne, 47, of West Main Street, Batavia, is charged with assault, 3rd, and endangering the welfare of a child. Osborne is accused of pulling another person to the floor by the person's hair and then hitting and kicking that person. A child was allegedly in the room. Osborne was jailed on $500 bail.

Zachary J. Ayres, 19, of 544 Bankside Drive, Hamlin, is accused of failure to appear on charges of petit larceny. Ayres was arrested by Officer Jason Ivison on the warrant, arraigned and jailed on $500 bail or $1,000 bond. Ayres was also charged with obstructing governmental information for allegedly providing a false name and information when previously arrested.

Katherine M. Luderman, 34, of 336 Ellicott St., lower, Batavia, was arrested on a bench warrant for disorderly conduct. Luderman was released after paying the remaining $50 of a fine.

A 17-year-old Hutchins Street resident is charged with falsely reporting to law enforcement an incident. The youth allegedly filed a false report of a residential burglary.

Kyle W. Nash, 26, of 219 N. Spruce Street, #76, Batavia, is charged with harassment, 2nd. No details released.

Andrew J. Duckworth, 34, of 128 Jackson St., Batavia, is charged with harassment, 2nd, endangering the welfare of a child and criminal mischief. Duckworth was arrested following an alleged domestic incident. He was jailed on $1,000 bail.

Daniel T. Henning, 33, of 120 S. Swan St., upper, Batavia, is charged with petit larceny. Henning is accused of shoplifting from Tops. He was jailed on $1,000 bail.

Tammy L. Schenck, 37, 20 N. Spruce St., A12, Batavia, is charged with acting in a manner injurious to a child less than 17 years old and harassment, 2nd. No details released.

Eric R. Kelm, 32, of 25 Union Square, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to use headlights with windshield wipers. Kelm was stopped at 2:32 a.m. Saturday on Summit Street, Batavia, by Officer Arick Perkins.

November 11, 2013 - 12:35pm
posted by Billie Owens in crime.

These are the latest indictments issued by the Genesee County Grand Jury.

Sean M. Vickers, a former Batavia resident and convicted child molester now living in Geneva, is indicted on 11 counts. The first accuses Vickers of a course of sexual conduct against a child in the first degree, a Class B violent felony. It is alleged that in Genesee County, over a period of time between Nov. 2, 2001 and Feb. 23, 2004, this adult male engaged in two or more acts of sexual conduct, which included at least one act of deviate sexual intercourse, with a child under 13 years old. In count two, Vickers is accused of predatory sexual assault against a child, a Class A-II felony, for allegedly engaging in two or more sexual acts, including at least one act of deviate sexual intercourse, with a child under 13. This allegedly occurred between the summer of 2012 and Nov. 8, 2012 in Genesee County. In counts three and four, he's accused of criminal sexual acts, 1st, Class B violent felonies, for allegedly engaging in oral sexual conduct between Nov. 9, 2012 and the spring of 2013. In count five, he's accused of allegedly engaging in anal sexual conduct, a Class B violent felony, also within the aforementioned time frame. In count six, Vickers is accused of predatory sexual assault against a child, a Class A-II felony, for engaging in two or more sex acts, including at least one act of deviate sexual intercourse, with a child under 13. These acts allegedly occurred between the summer of 2012 and Nov. 8, 2012. In counts seven and eight, he is accused of criminal sexual acts, 1st, Class B violent felonies, for allegedly engaging in oral sexual conduct with a child under 13, sometime between Nov. 9 and the spring of 2013. In count 10, he's accused of first-degree sexual abuse, a Class D violent felony, for allegedly subjecting a person under age 11 to sexual contact. In count 11, Vickers is accused of a misdemeanor -- endangering the welfare of a child -- for allegedly knowingly acting in a manner likely to injure the physical, mental or moral welfare of child under 17. This allegedly happened between June 2012 and March 2013.

Michael J. Elmore, Nicholas J. Adkins and Rebecca G. Morse are indicted for burglary in the third degree, a Class D felony, for allegedly entering or unlawfully remaining in a paint store on Liberty Street in the City of Batavia on June 1 with the intent of committing a crime. In count two, they are charged with petit larceny -- stealing cash, a Class A misdemeanor, in the same alleged incident.

Karen L. Jones is accused of driving while intoxicated, a Class E felony. It is alleged that on June 30 in the Town of Batavia she drove a 2008 GMC on Route 63 while intoxicated. In count two of the indictment, Jones is accused of aggrevated DWI by allegedly having a BAC of .18 or more at the time.

Jonathan E. Fox is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 2005 Chevrolet on Route 19 in the Town of LE Roy while intoxicated. This allegedly occurred on May 23.

Patrick O. Spikes is indicted for the crime of third-degree criminal mischief, a Class E felony, for allegedly damaging another person's property -- a 2001 Nissan -- in an amount more than $250. This allegedly occured on Aug. 10 in the City of Batavia.

November 11, 2013 - 2:26am
posted by Howard B. Owens in crime, Alabama.

State Police and Sheriff's deputies are at a location on Bloomingdale Road where a person with a gun is apparently firing shots.

One officer said it sounded like a .22 rifle. Another said, "that last shot came from over by the woods, by the car."

The county's emergency response team (aka SWAT) is being dispatched.

UPDATE 2:39 a.m.: A reader who heard the start of the call said it began with the report of a domestic disturbance, with a female caller reporting the male half was threatening to kill her. A Mercy ambulance is dispatched, we believe as a precaution. Also Alabama fire is being assembled at its hall.

UPDATE 3:57 a.m. (by Billie): The ERT response is cancelled. Mercy medics and Alabama firefighters are back in service. No further information available at this time.

UPDATE 4:18 a.m.: At this point, we don't have any further information about what actually happened and how local law enforcment handled (or decided to handle) the situation. We will provide any updates that become available.

November 10, 2013 - 1:52pm
posted by Howard B. Owens in batavia, crime.
Current booking photo Sex offender registry

It's not hard to imagine there are possibly more victims locally of Sean Vickers, who is facing multiple felony counts of alleged child sexual abuse in Genesee and Niagara counties, said Det. Kevin Czora.

Vickers was indicted Friday on 10 more felony counts stemming for the alleged abuse of four victims from the 1990s to the 2000s in Batavia. The 44-year-old Geneva resident was originally arrested in May following an investigation by Batavia PD that started when Niagara County investigators brought information to local detectives about potential victims in the city.

Since Vickers lived in more than one residence in the county over the years, Czora said, it's possible -- if Vickers is the kind of monster the charges against him suggest -- that there are victims out there whom local investigators know nothing about.

"Currently, just by the numbers we're aware of, he's a serial abuser," Czora said.

That's why local investigators are asking anybody who knows anything about Vickers and possible victims to contact law enforcement.

To contact Batavia PD, call (585) 345-6350 or outside the city, contact your local law enforcement agency.

Vickers is accused of sexually molesting three boys in the Barker and Middleport areas last year. Last month he was indicated in Niagara County on six counts of predatory sexual assault against a child. He faces from 25 years to life in prison on the Genesee and Niagara counties charges.

At the time of his arrest, Vickers was already a registered Level 3 sex offender. He had a misdemeanor conviction for a sexual act in Monroe County and in 2009 he was convicted of a felony in New Hampshire for victimizing an underage boy there.

Last May, David A. Vickers, the 49-year-old brother of Sean, was arrested on a federal charge of transportation of a minor with intent to engage in sexual activity. The charge carries a maximum possible sentence of life in federal prison.

David Vickers is accused of molesting a boy from Buffalo over a 10-year period and a Batavia boy over a five-year period, according to the Buffalo News. The first case allegedly began in 1989 and the second in 1999.

Sean Vickers allegedly introduced his brother to the Batavia boy.

When news broke of Vicker's arrest in May, the media reports prompted some people who are now adults to come forward and report they were allegedly abused by Vickers.

In the cases of those adults, however, the alleged crimes happened at a time when the state's statute of limitations on child sexual abuse was five years.

That doesn't mean, however, knowing about those alleged acts and gathering that evidence is a waste in the Vicker's case, Czora said. The more evidence gathered, the more it will help in the prosecution of the alleged crimes that aren't covered by the statute of limitations.

"We've reached out as best we can and now it's a matter of them reaching out to us to let us know what they're aware of and if they've been abused," Czora said. "Some of them, depending on the time frame, we may not be able to do anything criminally, however, there's always counseling, which every victim is entitled to even if the case is prosecuted or not."

For the adults who did come forward after the news came out, there was a sense of closure, Czora said.

"Each case makes the other cases that much stronger and it shows the seriousness and how far Sean Vickers has gone and how he damaged so many different lives," Czora said. "All that can be used later through the courts."

VIckers is currently being held in the Genesee County Jail on $500,000 bail or $500,000 bond. The judge in Niagara County ordered Vickers held without bail.

November 9, 2013 - 12:12pm
posted by Billie Owens in crime, bergen.

Press release:

The Genesee County Sheriff's Office is investigating a robbery that occurred early this morning at the Sugar Creek store on Route 33 in the Town of Bergen. At about 1:30 a.m. a white male entered the store and demanded cash from the clerk. He implied he had a weapon although none was displayed. The clerk complied with the demand and the suspect was able to flee with cash from the register. The suspect was last seen leaving the store on foot headed east. If anyone has any information regarding the incident please contact the Genesee County Sheriff's Office at (585) 343-5000.

November 9, 2013 - 11:19am
posted by Howard B. Owens in batavia, crime.
Current booking photo Sex offender registry

A former Batavia resident arrested in May for allegedly sexually abusing children in Batavia decades ago was indicted yesterday on 10 more felony sexual abuse charges.

The indictment is the result of an ongoing Batavia PD investigation that has uncovered four more alleged victims.

Vickers is accused of sexually abusing the children over a 12-year period starting in the 1990s.

He was indicted on one count of a course of sexual conduct against a child, a Class B felony, two counts of predatory sexual assault against a child, a Class A-II felony, six counts of criminal sexual act first, a Class B violent felony, one count of sexual abuse, 1st, a Class B felony, and one count of endangering the welfare of a child, a misdemeanor.

The 44-year-old Vickers was a resident of Geneva at the time of his arrest in May.

He was indicted later that month on a count of course of sexual conduct against a child in the first degree, a Class B felony. He was accused of engaging in two or more acts of sexual conduct, which allegedly included at least one act of deviate sexual intercourse with a child less than 13 years old. The alleged incidents occurred between Nov. 2, 2001 and April 16, 2002.

Vickers is being held in the Genesee County Jail on $500,000 bond or cash bail.

The investigation is being lead by Det. Kevin Czora.

The police remain concerned that there could possibly be more alleged victims in the community. To contact Batavia PD, call (585) 345-6350 or outside the city, contact your local law enforcement agency.

November 8, 2013 - 5:59pm
posted by Billie Owens in crime, Craig Lawson.

Most of the information in this post was provided by WBTA.

The first oral arguments of the defense, lasting about seven minutes, were heard in the case of Craig Lawson, who is accused of hitting Jason McNeil after the Kid Rock concert at Darien Lake this summer.

Lawson was not present in Genesee County Court today. He lives in Canada, more than three and a half hours from here, and this absence was excused by the court. (He did appear when he pled not guilty.)

He is charged with a single count of second-degree assault. To win a conviction on that in New York, a prosecutor must prove that the defendant intended to cause serious physical injury.

His defense co-counsel, Buffalo-based Joel Daniels, says it was a one-punch fight, not a brawl, and there aren't many examples of how those have been prosecuted. Lawson is also represented by Michael Ranzenhofer.

They looked through hospital records which said the victim has no facial broken bones or really any indication on his face of a fight. He was hurt, rather, when he fell down and hit his head.

Obviously, there's the question of intent. With a single punch, was Lawson trying to inflict the serious injuries which McNeil sustained? The defense maintains that was not Lawson's intention.

According to court documents, McNeil's head hit the ground and he was in a coma for more than a week. Records show the victim underwent a surgical procedure to have part of his skull removed.

Daniels says he understands that his client the alleged victim -- a former WNY resident who currently lives in Alabama -- is doing better now.

Alcohol was a factor in the incident and hospital records indicate the victim could have had a BAC of .19 at the time.

Initially, Lawson was charged with a misdemeanor, assault 3rd, and bail was set at a $1,000. Once it became apparent that McNeil's injuries were serious, the charge was upgraded and a grand jury indicted Lawson on a single felony count of second-degree assault.

The defense team will review the grand jury transcripts. They believe there is insufficient evidence to support the assault, 2nd, charge. They want the court look at all of the circumstances, including the way in which the punch was delivered and the likelihood that its impact was made worse by running (which was not clearly explained).

The DA's Office said that of course the prosecution can get a conviction on the crime as charged.

November 7, 2013 - 8:11pm
posted by Howard B. Owens in crime.

Local law enforcement is on the scout for a white Jeep Cherokee that was seen leaving the scene of a barn fire in Livingston County.

The Jeep was last seen west on Walker Road, heading west into Genesee County.

The barn fire is now out, but no word on the extent of the damage.

The fire was reported within the past 30 minutes.

Law enforcement officials in Livingston County want to question the person or people in the vehicle in connection with a possible arson at the location of the barn fire.

November 7, 2013 - 9:14am
posted by Howard B. Owens in batavia, crime, Pavilion.

Winston A. Lockhart, 18, of 3 Lewis Place, Batavia, is charged with littering. Batavia PD officers Frank Klimjack and Darryl Streeter allegedly observed Lockhart toss a lit cigarette onto the parkway on Lewis Place. The officers reportedly asked Lockhart to pick up the cigarette and dispose of it properly. After he refused, the officers arrested Lockhart for an alleged violation of the Batavia Municipal Code.

Miguel Angel Dejesus, 66, of Perry Road, Pavilion, is charged with forcible touching. Dejesus is accused of forcibly touching the genital area of a woman. He was jailed on $2,000 bail.

Alexander Colon-Colon, 19, of Swan Street, Batavia, is charged with sexual misconduct. Colon-Colon is accused of having sexual intercourse with a 15-year-old female. Under state law, a 15-year-old is unable to consent to sexual conduct.

Philip C. DeGraff, 45, of 81 Walker Road, Perry, is charged with aggravated harassment, 2nd. DeGraff allegedly threatened to kill another person. He was jailed on $1,000 bail.

Sharon E. Herdtner, 51, of 25 North St., upper, Batavia, is charged with disobeying a court mandate. Herdtner allegedly refused to appear for the Grand Jury after being served a subpoena at Batavia PD headquarters on Oct. 28.

November 5, 2013 - 11:31pm
posted by Howard B. Owens in batavia, crime.

Batavia PD is setting up a search area around State Street after a report of some sort of confrontation involving a black male who opened a jacket and displayed a handgun.

The incident was reported on Hutchins Place.

UPDATE 12:03 a.m.: Batavia PD officers have been told they can break down their perimeter and resume their regular patrols. No word on whether the suspect was located.

November 4, 2013 - 9:18pm
posted by Howard B. Owens in batavia, crime.




Michael Dawson

Keith Brantley

Eric Strong

Two Rochester men arrested Oct. 17 for an alleged brazen act of thievery at Walmart are facing upgraded charges after the ongoing investigation uncovered another alleged theft from the store two days earlier.

Eric L. Strong, 53, Michael Dawson, 50, and Keith Brantley, 43, are now charged with grand larceny, 3rd, an upgrade from the original fourth-degree grand larceny charge.

A review of store surveillance video by a Walmart Loss Prevention Officers found the three men allegedly in the act of stealing $947 in merchandise.

They had already been accused of stealing $2,126 in merchandise by loading it in a shopping cart and wheeling it out the door.

Strong also faces a new charge of petit larceny for allegedly stealing merchandise valued at $242.69 on Oct. 1.

All  three are being held without bail.

November 4, 2013 - 11:54am
posted by Howard B. Owens in batavia, crime, alexander, Stafford.

Randall M. Dennis, 67, of Keeney Road, Le Roy, is charged with DWI and moving from lane unsafely. Randall was reportedly involved in a motor-vehicle accident at 5:50 p.m. Sunday on East Morganville Road, Stafford. His truck left the roadway, struck a sign and guide rail before traveling down a steep earth embankment into a shallow creek. The investigation is ongoing and there may be additional charges. Dennis was transported by Mercy EMS to Strong Memorial Hospital with minor injuries.

Byron Gilbert Keller, 18, of no permanent address, is charged with trespass. Keller was reportedly in another person's vehicle on Route 20, Alexander, while it was parked in a driveway. Keller allegedly refused to leave. Additional charges are possible.

Patrick O'Neil Spikes, 32, of Hutchins Street, Batavia, is charged with criminal contempt, 2nd. Spikes was allegedly a passenger in a vehicle driven by a person he is prohibited by court order from being with. The driver was stopped for allegedly driving on a suspended registration, suspended license and no insurance.

A 16-year-old from Batavia are charged with two counts of petit larceny. The youth was allegedly caught shoplifting at Walmart and during the investigation was found to be a suspect in a shoplifting case from the previous day. The youth allegedly stole $276.57 in merchandise on one occasion and an unknown amount on the second.

Elizabeth A. Graff, 32, of Batavia, is charged with petit larceny. Graff is accused of stealing from an unspecified location. She was arrested by State Police. No further details released.

November 1, 2013 - 8:17pm
posted by Howard B. Owens in crime, Alabama.

A person wearing tan pants with bushy hair reportedly forced his way into a residence on Meadville Road, Alabama, went into the bathroom and then left.

He apparently didn't steal anything or harm anybody.

The resident reports the man came to the door and after opening the door, words were exchanged and the man barged in.

The man was last seen heading north on Meadville Road.

A deputy is responding.

November 1, 2013 - 5:54pm
posted by Billie Owens in batavia, crime.

A resident of Hutchins Street reports finding a 3-year-old child wandering on Main Street in the city and could find no parent or guardian. So the person brought the child home and called police, who are on scene.

UPDATE 6:06 p.m.: Police are continuing to try and locate a family member of the child, but at this point they have no idea who that is. The on-call DSS case worker is being contacted "because we might need some assistance with child care," says an officer.

UPDATE 6:20 p.m.: It's been determined that the child lives on South Swan Street.

November 1, 2013 - 2:06pm
posted by Billie Owens in batavia, crime, pembroke, Pavilion, bergen.

These are the latest indictments issued by the Genesee County Grand Jury:

Terrel A. Goodson, an adult male, is accused of predatory sexual assault against a child, a Class A-II felony. It is alleged that on Sept. 2, Goodson committed first-degree rape in the City of Batavia by engaging in sexual intercourse with a girl less than 11 years old. In count two, he is accused of the same crime by engaging in oral sexual conduct with a girl less than 11 years old. In count three, he is accused of first-degree sexual abuse, a Class violent felony, for allegedly subjecting a minor under the age of 11 to sexual contact.

Timmy L. Taylor is indicted on five counts of first-degree criminal contempt, Class E felonies, for allegedly violating a court order of protection in October in the City of Batavia. It is alleged that Taylor intentionally placed, or attempted to place, a protected person in reasonable fear of physical injury, serious physical injury or death by repeatedly following the person or engaging in a course of conduct or repeatedly committing acts over a period of time. He allegedly violated the court order of protection in the City of Batavia on Oct. 6 and Oct. 20 with the intent to harass, annoy, threaten or alarm a protected person or otherwise subject that person to physical contact or threatened to do so. He's accused of striking, shoving, kicking or otherwise subjecting the protected party to physical contact or threatening to do so. He's is accused of intentionally placing, or attempting to place, the protected party in reasonable fear of death, imminent serious physical injury or physical injury. In counts six and seven, he is accused of third-degree assault, a Class A misdemeanor, for allegedly intending to cause physical injury to another person, causing injury to such person or to a third person on Oct. 6 and 20th, respectively. In counts eight and nine, he is accused of second-degree strangulation, a Class D violent felony, for intending to impede normal breathing or circulation of blood to another person, applying pressure on the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, or any other physical injury or impairment, on Oct. 6 and 20th, respectively. In count 10, he's accused of first-degree coercion, a Class D felony, for compelling or inducing a person to engage in conduct which the person had a legal right to abstain from engaging in or, conversely, the person had the right to engage in legally. This allegedly was done on Oct. 20 by instilling fear of physical injury. In count 11, Taylor is accused of second-degree unlawful imprisonment, a Class A misdemeanor, for allegedly restraining another person on Oct. 20.

Leon C. Bloom Jr. is accused of first-degree burglary, a Class B felony, for entering or remaining unlawfully inside a dwelling on Fordham Drive in the City of Batavia late on Sept. 22 or early on Sept. 23 with the intent of committing a crime. In so doing or in fleeing the scene, it is alleged he physically injured a person who was not a participant in the alleged crime. In count two, he's accused of strangulation in the second degree, in the same incident, for allegedly intending to impede normal breathing or circulation of the blood of another person, applying pressure to the person's throat or neck thereby causing stupor or loss of consciousness for any period of time or any other physical injury or impairment. In count three, Bloom is accused of third-degree assualt, a Class A misdemeanor, for intending to cause physical injury to another person or causing such injury to the person or a third person.

Matthew J. Vandorn is accused of third-degree burglary, a Class D felony, for allegedly knowingly entering and remaining unlawfully in a barn on Dillon Road in the Town of Pavilion on July 4th or 5th. In count two, he is accused of fourth-degree grand larceny, a Class E felony. He allegedly stole property valued at more than $1,000 in the Town of Stafford on July 1st or 2nd, specifically two Yamaha motorcycles, made in 1994 and 2005, respectively. In count three, he is accused of criminal possession of stolen property, 4th, a Class E felony. It is alleged that between July 1 and July 18 in the Town of Stafford he knowingly possessed stolen property with the intent to benefit himself or someone other than the owner, or to impede the recovery of the property by the owner. The property's value was more than $1,000 -- the two motorcycles noted in count two of the indictment. In count four of the indictment, Vandorn is accused of third-degree burglary, a Class D felony, for allegedly entering or remaining unlawfully in a building on Batavia-Oakfield Townline Road in the Town of Oakfield on June 29 and June 30 with the intent to commit a crime. In count five, Vandorn is accused of criminal possession of stolen property, 3rd, a Class D felony, for allegedly knowingly possessing stolen property with the intent of benefitting himself or someone other than the owner, or to impede the recovery of the property by the owner and the value of it exceeded $3,000. The property was a Honda TRX four-wheeler and a Yamaha 350 Raptor four-wheeler. In count six, he is accused of grand larceny, 3rd, a Class D felony for allegedly stealing property on June 29 and June 30 valued at more than $3,000, the aforementioned four-wheelers.

Samantha A. Lora is accused of driving while intoxicated, a Class D felony, for driving a 2013 Chevrolet on Interstate 90 in the Town of Pembroke on May 1 while impaired by alcohol. In count two, she accused of the same crime while she had a passenger age 15 or less, which is a Class E felony. In count three, Lora is accused of aggravated unlicensed operation in the first degree, a Class E felony, for operating a motor vehicle while knowing or having reason to know, that her license was suspended, revoked or otherwise withdrawn in the state of New York, and while under the influence of alcohol or drugs.

Jeremy M. Denton is accused of driving while intoxicated as a Class E felony. It is alleged that on May 10 in the Town of Bergen he drove a 2004 GMC pickup truck on Route 19 while intoxicated. In count two of the indictment, he is also accused of having a BAC of .08 at the time.

November 1, 2013 - 7:54am
posted by Howard B. Owens in batavia, crime, byron, bergen.

Sean A. Kota, 20, of 7118 Byron Holley Road, Byron, is charged with DWI, refusal to take breath test, and criminal possession of marijuana, 5th. Kota was arrested following a police response to a report at McDonald's of two males in a vehicle in the drive-thru causing a disturbance at 2:30 a.m., Wednesday. Kota was allegedly found in possession of more than 25 grams of marijuana. Kota was jailed on $2,500 bail.

Michael Vincent Pontillo, 20, of 37 Bogue Ave., Batavia, is charged with assault, 2nd, with intent to cause physical injury to a police officer, obstructing governmental administration, 2nd, and resisting arrest. Pontillo was arrested as part of the same alleged incident involving Kota above.

Lance David Compton, 21, of East Main Street, Attica, is charged with unlawful dealing with a child, 1st. Compton is accused of providing alcohol to two people under age 21. Compton was arrested following a traffic stop at 9:09 p.m. Thursday on Lake Road, Bergen, by Deputy Joseph Corona. Cited for alleged possession/consumption of alcohol under age 21 were Christopher Stuart Nevinger, 20, of Eaton Road, Perry, and Cody Kleitz, 18, Espial Drive, Binghamtom.

Reinaldo Roman, 41, of 140 Jackson St., Batavia, is charged with criminal contempt, 1st. Roman is accused of violating a stay away order of protection by being at the residence of the protected party. Roman reportedly has a prior conviction on the same order for criminal contempt, 2nd.

Kasean L. Shannon, 21, of 115 State St., Batavia, is charged with unlawful possession of marijuana and criminal contempt, 1st. Shannon is accused of violating a stay away order of protection and possessing marijuana at the time of his arrest by Batavia PD.

Banjamin G. Evans IV, 25, no current address, Rochester, was arrested on a bench warrant out of City Court. Evans is accused of failure to appear on a criminal possession of a controlled substance charge. Evans was located by Rochester PD and taken into custody. He was jailed on $2,500 bail.

October 31, 2013 - 6:26pm
posted by Howard B. Owens in batavia, crime.

A report of a theft from Walmart led to a more in-depth investigation by the Sheriff's Office today and ultimately a grand theft charge against a 49-year-old Albion resident.

Jerry Dean Walls, of East Street, Ablion, is charged with grand theft, 4th, falsifying business records and petit larceny.

Following the report of the initial theft, Deputy Brian Thompson uncovered an apparent additional theft from Walmart and a theft from Home Depot.

The investigation also found that business records at a local pawn shop were falsified.

Walls is accused of committing these crimes. He was arraigned in Town of Batavia Court and jailed on $2,000 bail.

Assisting in the investigation were Deputy Brad Mazur, Sgt. John Szumigala and loss prevention at Walmart and Home Depot.

October 31, 2013 - 5:37pm
posted by Howard B. Owens in crime, corfu.
Brandi Watts

The way special prosecutor Donald O'Geen sees it, today should mark a new beginning for the residents of Corfu.

Brandi Watts, the former court clerk at the center of a 20-month-long controversy over missing court funds that has spilled into village politics, issued a check to the village today for $10,128.

She also entered a guilty plea in County Court to one count of tampering with government records, a Class D felony.

If Watts obeys court orders and stays out of trouble for the next 12 months, she can avoid any jail time. She would also be given a chance at a conditional discharge of all 61 counts against her. If she violates her interim probation, she could be facing up to seven years in prison.

The full payment of restitution was "absolutely non-negotiable," O'Geen said. "That was a big component of the plea arrangement."

The guilty plea and restitution puts the cap on a case that O'Geen said dragged on too long because the slow pace of the state's Judicial Conduct Commission.

The commission was called upon more than 18 months ago to review the case of missing funds in the village court following a comptroller's audit that found books had been cooked and money had disappeared.

Watts was the clerk at the time and her father, Robert Alexander, was the village justice.

O'Geen has heard, but hasn't seen (nor is it listed on the commission's Web site) that the commission finally issued a report on its finding within the past few days.

The slow pace of the commission delayed the investigation by O'Geen and state police, which delayed prosecution of Watts.

O'Geen, who is the district attorney in Wyoming County, was appointed special prosecutor because local prosecutors have handled cases -- and were handling cases at the time the investigation started -- in Alexander's courtrooms (he was also a justice in the Town of Pembroke). He did not seek reelection in Corfu last year.

Alexander, who is charged with two counts of coercion and one count of official miscondut, did not appear in court today. He's scheduled to appear Nov. 18. He did officially resign today from the Town of Pembroke justice position, after previously having his cases reassigned and being suspended by the state.

"To me, here's the guy who kind of ran the show, so to be forced out (of office) before he wanted to be is a big deal from a public perception standpoint," O'Geen said. 

Asked if the $10,128 in restitution covers the full amount of money Watts stole, O'Geen indicted it's as close as the government will ever get to the correct amount, if the actual amount stolen is different at all.

"There are records that indicate there could be more money missing, or there could be documents filed just to make it look like there was money collected but there is no money taken," O'Geen said. "The amount we settled on was what the comptroller came up with because that's what we knew we could prove. To be honest, we don't think there's much more missing."

After the comptroller's report about the missing funds was released in January 2012 and what followed was endless turmoil in the village, with then-trustee Ralph Peterson seemingly running interference with the board of trustees on behalf of his friend Robert Alexander.

After a new court clerk was appointed, Alexander asked her to audit the court's books, and when the clerk, Pam Yasses, said she found the same irregularities, Alexander allegedly harassed her (which is at least part of the reason he faces the criminal charges he does).

Peterson was elected mayor and throughout the first half of 2013, he's been accused by his fellow trustees of an endless string of problems for village employees, other trustees and former trustees.

The situation in Corfu has taken on a reputation throughout Genesee County as a soap opera. Readers have recently contacted The Batavian wanting to know when the next installment is going to run.

Two months ago, Peterson took medical leave, reportedly because of stress. He's scheduled to return to his mayoral duties Jan. 2, and since then, there've been no new controversies coming out of Corfu.

O'Geen said there's no reason now for the issue of missing court funds to hang over the village and interfere with village business.

"I think what this does for the people in the Village of Corfu is it puts behind them a period of unrest in the sense this whole thing, as of today, is over," O'Geen said. "This is the first day of the people of Corfu getting their village back and getting back to normal. It's the first day employees do not have to worry about retribution and can move on and get back to doing what they do best, which is provide services for the people of the Village of Corfu.

"If anything, this is kind of a lesson in civics, that people should be more involved, more aware of what's going on, that every vote counts, all of those cliches," O'Geen added. "I wish the Village of Corfu all the best and hope they move forward."

October 31, 2013 - 8:45am
posted by Howard B. Owens in batavia, crime, elba, Pavilion.

Danielle Marie Stevens, 37, of Ford Road, Elba, is charged with petit larceny, aggravated unlicensed operation, 3rd, and unregistered vehicle. Stevens is accused of stealing a cookware set valued at $139.96 from Walmart. She is also accused of driving to Walmart while her license is suspended. Stevens was jailed on $1,000 bail.

Leonard Charles Millard, 56, of Highland Park, Batavia, was arrested on a bench warrant for alleged failure to pay fine. Millard was arraigned in City Court and released on his promise to pay an installment of $100 by Friday and another $100 before his scheduled Dec. 5 court appearance.

Mary A. Brairton, 24, unknown residence, is charged with felony DWI and aggravated unlicensed operation. Brairton was arrested by State Police at 4:37 p.m. Monday on North Street, Batavia, in connection with an alleged incident reported at 2:44 p.m. Monday in the Town of Pavilion. No further details released.

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