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December 10, 2012 - 11:53am
posted by Howard B. Owens in crime, alexander, Darien.

Tips from readers of The Batavian have helped lead to the arrest a man suspected of driving his truck into the building of a restaurant in Darien Center on the night of Dec. 1.

Johny Bear's, on Broadway Road, reportedly suffered significant damage from a truck that spun out in the parking lot while the asphalt was covered with a dusting of snow.

N. L. Beglinger, 21, of Peaviner Road, Alexander, is being charged with reckless driving and leaving the scene of a property damage accident.

According to Deputy Brian Thompson's report, Beglinger drove into the parking lot at 12:35 a.m., with a 2006 Chevy pickup registered to Harlan L. George, of Peaviner Road. He drove in a northwesterly direction, spun counterclockwise and struck the building. He then allegedly headed southwesterly, and peeled out in the grass in front of a fire hydrant. Tire marks then showed the truck heading northwest and doing a donut in the parking lot.

Thompson said in his report that the investigation revealed that Beglinger intended to report to an insurance company that the truck struck a tree on Sprague Road.

The initial report in The Batavian suggested the truck involved in the accident also did donuts at the Triple C Shop Mart, Darien, and a video surveillance system captured some images of that truck.

It turned out the two incidents were unrelated -- different trucks -- though similar-looking -- and different drivers.

There were three passengers in Beglinger's truck, Shelby L. Fryer, 17, Douglas J. Knauss, 22, and Christopher King, 21.

Beglinger is scheduled to appear on the matter in Darien Town Court at 5 p.m., Dec. 18.

Deputy Kevin McCarthy assisted in the investigation.

December 10, 2012 - 10:26am
posted by Howard B. Owens in batavia, crime, Le Roy.

Justin M. Wotherspoon, 26, of Gibson Street, Oakfield, is charged with felony DWAI, aggravated unlicensed operation and criminal possession of a controlled substance, 7th. Witnesses reportedly observed a vehicle allegedly driven by Wotherspoon operating in an erratic manner on Lewiston Road, heading from Batavia to Oakfield. The vehicle reportedly traveled over fog lines before going off the roadway on the opposite side of the road, then traveled a short distance in the ditch before reentering the roadway. Witnesses followed the vehicle to a residence in the Village of Oakfield and waited for police to arrive. Wotherspoon was allegedly found in possession of several prescription medications that were not his.

Stacey N. Cino, 24, of 22 Old Meadow Lane, Batavia, is charged with aggravated harassment, 2nd. Cino is accused of sending harassing and annoying text messages to another person. Batavia PD reportedly previously advised Cino not to have further contact with that person.

Sharon Y. Sharman, 41, of 8487 Seven Springs Road, Batavia, is charged with criminal contempt, 2nd. Sharman is accused of violating an order of protection. Sharman allegedly contacted, repeatedly, the person covered by the order of protection.

Nathan A. Dowty, 23, of Arpin, Wis., is charged with DWI and driving with a BAC of .08 or greater. Dowty was allegedly observed by a Le Roy police officer in the Fire Star Bank parking lot on West Main Street, Le Roy, driving the wrong way in the drive-thru lane and striking the curb. Dowty was jailed on $500 bail.

Thomas C. Zimmer, 36, of 3 1/2 Thomas Ave. Batavia, was arrested for allegedly failing to abide by a release under supervision contract. Zimmer was located at the Wyoming County Sheriff's Office and turned over to Batavia PD on a bench warrant. Zimmer was jailed on $1,000 bail.

Andrei P. Sliker, 21, of 318 W. Main St., Batavia, was arrested on a bench warrant for alleged failure to appear. Sliker was located in Le Roy by Le Roy PD and turned over to Batavia PD. Sliker was jailed on $300 bail.

Thomas M. Moe, 37, and Todd J. Corron Jr., both of Pleasant View Avenue, Syracuse, are charged with unlawful possession of marijuana. Moe is also charged with operating on a suspended registration. During a traffic stop on Route 5, Pembroke, Moe was allegedly found with a bag of marijuana in his pocket and remnants of marijuana cigarettes in his vehicle. Corron allegedly possessed a bag of marijuana in his pocket. The traffic stop was conducted by Deputy Lonnie Nati with assistance from Deputy Brian Thompson and K-9 "Pharoah."

Steven Michael Witkop, 46, of State Street, Medina, is charged with felony driving while impaired by druges with a child less than 16 in the vehicle, driving impaired by drugs and endangering the welfare of a child. Witkop was stopped by Deputy Joseph Corona on Bank Street, Batavia, following a complaint of a vehicle being driven erratically.

Sam Michael Cassidy, 21, of Montclair Avenue, Batavia, is charged with trespass. Cassidy is accused of being on College Village property after previously being barred from the property.

Brandon Nicholas Benz, 17, of Clinton Street Road, Batavia, is charged with criminal contempt, 2nd. Benz allegedly left a threatening message about the victim on his Facebook wall after being served an order of protection. Benz was jailed on $750 bail.

Anthony Paul Dibble, 23, Bethany Center Road, Bethany, is charged with burglary, 2nd, criminal mischief, 4th, and harassment, 2nd. Dibble allegedly kicked in the door of another person's apartment, entered without permission and while in the apartment destroyed a bathroom door and struck two other people during an altercation. Dibble was arraigned on $2,500 bail.

Jeffrey Michael Johnson, 24, of Farnsworth Avenue, Oakfield, is charged with endangering the welfare of a child, criminal possession of a controlled substance and possession of a hypodermic instrument. Johnson was allegedly found in possession of heroin, hypodermic needles and unidentified pills lacking proper documentation or containers. Johnson was allegedly supervising a child at the time. Also charged was Lauren Marie Peters, 22, of Martin Road, Akron.

December 7, 2012 - 10:24am
posted by Howard B. Owens in batavia, crime, Darien, Le Roy, Grand Jury.

Trevon L. Armstrong is indicted on counts of burglary, 2nd, criminal possession of stolen property, 4th, two counts of criminal mischief, 4th, falsely reporting an incident, 3rd, six counts of forgery, 2nd, three counts of offering a false instrument for filing and tampering with a witness, 4th. Armstrong is accused of entering a residence on East Avenue on Oct. 9 with the intent to commit a crime inside the residence. Armstrong is accused of possessing stolen property, a 46-inch Hisense LCD TV, a HP laptop computer and two boxes of jewelry. Armstrong is accused of damaging a window at the East Avenue property, as well as a door. Armstrong is accused of falsely reporting a burglary at a neighboring residence. He is accused of falsely implicating another person in possessing the stolen property. He is accused of signing a fake name on a fingerprint card, a witness statement and a deposition, as well as other government documents. Armstrong also allegedly tried to keep another person from testifying before the grand jury.

Earl F. Sprague III, is indicted on a count of criminal solicitation, 2nd. Sprague is accused of trying to engage another person in a Class A felony, murder in the second degree.

Janet M. Brady is indicted on counts of felony DWI, felony DWI with a child under age 15 in the car. Brady is accused of driving drunk Aug. 9 in the parking lot of Darien Lake Theme Park, Darien.

Martin F. Jones is indicted on counts of felony DWI, two counts of aggravated unlicensed operation and criminal mischief, 4th. Jones is accused of driving drunk Oct. 9 in the City of Batavia in the parking lot of Settler's Restaurant and Hess Mart. He is accused of damaging property at Settler's Restaurant with a value that exceeds $250.

Dennis E. Hopkins is indicted on charges of burglary, 3rd, and grand larceny, 4th. Hopkins is accused of entering a residence in February on Lewiston Road, Batavia, with the intention of committing a crime inside. He is accused of stealing $2,000 in cash.

Guillermo Roman Roque is indicted on three counts of incest, 3rd. Roque is accused of having sexual relations with a person he knew to be a family relative.

Elaina J. Mead is indicted on counts of menacing a police officer, assault, 2nd, criminal possession of a weapon, 3rd, and obstructing governmental administration, 2nd. Mead is accused of placing a knife to the chest of a deputy while attempting to block the arrest of her son, Michael Mead Sr., on June 17. Mead is accused of intentionally injuring a Le Roy police officer with a knife. She is accused of unlawfully using a knife as a weapon. She is accused of attempting to prevent the arrest of another person.

James Smith Jr.,  is indicted on counts of criminal possession of a weapon, two counts of menacing, 2nd, and assault, 2nd. Smith is accused of using a weapon with the intent to injure another person. He allegedly displayed a knife. He allegedly injured another person using a knife on July 22.

December 4, 2012 - 3:21pm
posted by Billie Owens in batavia, crime.

Edward Jordan White, 17, is charged with criminal possession of stolen property, 3rd, and burglary, 3rd, after he allegedly stole a Ford pickup truck and then some gas cans from a garage on Monday. He lives on East Main Street in Batavia.

It is alleged that he took the truck from Ellsworth Avenue in the city and then drove to West Main Street Road in the Town of Batavia where he allegedly entered an unattached residential garage and stole three gas containers in order to fuel the truck.

He was apprehended by law enforcement officers after he abandoned the truck and fled on foot. He was arraigned in Town of Batavia Court and then booked into county jail. He is to appear in town court at a later date.

The incident was investigated by Sheriff's deputies Ferrando and Nati.

December 4, 2012 - 9:36am
posted by Howard B. Owens in batavia, crime.

A new charge has been filed against a 29-year-old Batavia resident accused of taking a 16-year-old girl out of state for a sexual relationship.

Timothy Michael Logsdon, of Dewey Avenue, Batavia, was arraigned Monday in Town of Batavia Court on a charge of endangering the welfare of a child.

On or about Sept. 29, Logsdon is accused of taking a teen out of state for the purpose of having a relationship with her.

Logsdon is being held by federal authorities. It's unclear what federal charges Logsdon is being held on.

Kentucky State Police took Logsdon into custody at the end of September in Bowling Green and Logsdon was returned to Genesee County.

He was located after FBI agents tracked his mobile phone activity.  The case began with a complaint by the girl's parents to authorities.

December 4, 2012 - 9:08am
posted by Howard B. Owens in batavia, crime, thruway, pembroke.

A 42-year-old Porter Avenue resident is in custody facing multiple criminal charges following a high-speed chase Monday night on the Thruway that covered 43 miles, both west and east, and reached speeds of 107 mph.

The chase ended at the toll booth road and Route 98, Batavia, when Ronald L. Worthington allegedly rammed a State Police car not once, but twice, and Worthington's sedan became disabled.

It already had two driver-side flat tires from hitting spike strips placed on the westbound Thruway exit by a deputy.

Worthington is charged with DWI, resisting arrest, criminal mischief, reckless endangerment, speeding and numerous other vehicle and traffic law violations, according to the State Police.

He was arraigned in city court and ordered held in the Genesee County Jail.

The chase started in the westbound lane of the Thruway, mile marker 401 in Pembroke, at 10:48 p.m.

Worthington allegedly continued west until reaching the toll booth plaza in Williamsville, at which point, the white sedan made a U-turn and headed back eastbound on the Thruway.

State Police units assigned to Troop A, Batavia, were dispatched to the Thruway. Deputies were sent to the Batavia exit -- knowing the suspect was driving a vehicle registered to a Porter Avenue resident -- and a deputy deployed the spike strips just minutes before the suspect reached Batavia.

After running over the spike strips, through the toll both and ramming the trooper car, the white sedan came to a stop and police officers from the State Police, Sheriff's Office and Batavia PD descended on the vehicle. The window on the driver's side was smashed out and officers grabbed Worthington and pulled him out of the vehicle.

Worthington was treated by Mercy EMS personnel for minor cuts caused by broken glass.

At this time, there is no report of a Taser or similar device being used to subdue the suspect.

(Initial Report)

December 3, 2012 - 11:13pm
posted by Howard B. Owens in batavia, crime.

State Troopers are in pursuit of a vehicle eastbound on the Thruway and a deputy has been requested to the Thruway off-ramp to set up a spike strip.

The chase just passed the Route 77 overpass.

The car is reportedly registered to a Porter Avenue resident.

UPDATE 11:15 a.m.: The vehicle made it past the toll both and is now stopped on Route 98. The subject is in custody.

UPDATE 11:32 p.m.: Ambulance requested the State Police, Batavia Barracks, for minor lacerations on the suspect.

December 3, 2012 - 12:30pm
posted by Billie Owens in batavia, crime.

A young black male, possibly Hispanic, was the subject of a police pursuit after a caller told dispatch he was observed stealing gas cans from a residence on West Main Street Road and attempting to fill up a maroon two-tone pickup truck with gasoline.

He's now in custody after he hopped a fence at the Batavia Meadows apartment complex and ran behind Valu Plaza, jumped into the Tonawanda Creek and climbed up the other side.

He dropped something along the way and law enforcement is looking to recover it, possibly a blue duffle bag and some other sort of bag.

He's said to be wearing blue jeans, a black coat with yellow on the sleeves, and a black hat.

He was captured after he went up Meadowcrest Drive and "he is looking at felony charges." Multiple law enforcement units responded to the call.

December 3, 2012 - 8:16am
posted by Howard B. Owens in batavia, crime, byron.

Nicole M. Bilby, 26, of 3476 W. Main St. Road, Batavia, is charged with trespass and resisting arrest. Bilby was allegedly unruly and disruptive while at the Batavia PD at 9:05 p.m., Friday. Officers directed Bilby to leave several times and she allegedly refused to leave. When taken into custody, Bilby allegedly resisted arrest. Bilby was jailed on $1,000 bail.

Joshua L. Baltz, 36, no residence provided, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Baltz is accused of offensive conduct in violation of an order of protection. Baltz allegedly called the protected person derogatory names and postured in a threatening manner. A child was reportedly present at the time. Baltz was jailed on $5,000 bail.

Rae C. Cook, 23, of 218 Ellicott St., upper, Batavia, is charged with harassment, 2nd. Cook is accused of threatening and pushing another person while at UMMC at 3 p.m., Saturday.

Tasshire T. Brown Sanders, 18, of 7 Caffery Place, Rochester, is charged with disorderly conduct. Brown Sanders is accused of standing in front of a residence on Oak Street and shouting obscenities and refusing to leave the area.

Eric D. Mancuso, 18, of 20 Woodrow Road, Batavia, is charged with unlawful possession of marijuana. Mancuso was allegedly found in possession of marijuana during at traffic stop at 10:33 p.m., Saturday, by Sgt. Dan Coffey.

Dan'l R. Fischer, 35, of 139 Jackson St., Batavia, was arrested on a bench warrant after allegedly failing to appear for a court date. Fischer was incarcerated in the Livingston County Jail at the time of his arrest.

Jeffrey Lynn Hayes, 48, of Meadow Circle, Avon, is charged with criminal possession of a controlled substance, 7th. Hayes was turned over to the Sheriff's Office on an arrest warrant out of Town of Byron Court.

December 2, 2012 - 9:58pm
posted by Howard B. Owens in crime, Darien.

A Sheriff's deputy investigating the case of a pickup truck doing donuts in the snow at two locations in Darien, one where a building was damaged, obtained a close-circuit videotape that showed a black Chevy pickup truck with a female passenger.

Any damage on the vehicle would be on the driver's side rear.

The time frame has been narrowed to 1 a.m. to 2 a.m., Saturday.

The photo above is NOT of the truck, but the truck is believed to look a lot like it.

December 1, 2012 - 10:05am
posted by Howard B. Owens in crime, Darien.

The Sheriff's Office is investigating some property damage at two different locations in Darien apparently caused by a driver doing donuts, rubber burns and spinouts in the parking lots of two establishments.

One building, Johnny Bears Family Restaurant, 1415 Broadway, was struck during the overnight incident and sustained damage.

The vehicle is believed to be a pickup truck and it struck the building with it's rear driver's side.

After damaging Johnny Bears, the pickup traveled to Triple C Shop Mart on Route 20 and did extensive burn outs and spins, damaging the parking lot and gas tank covers.

All of the damage was caused between 9 p.m. and 4 a.m.

Anyone with information about the incident can contact the Sheriff's Office at (585) 343-5000.

November 30, 2012 - 11:17pm
posted by Howard B. Owens in batavia, crime.

A State Street resident involved in a brief standoff with police after he allegedly fired a shot from a .357 magnum in his rooming house is facing three criminal charges.

Dennis G. Wolfe, 51, of 218 State St., Batavia, is being held without bail on charges of criminal possession of a weapon, 3rd, reckless endangerment, 1st, and menacing a police officer.

Officers responded to 218 State St. at 3:52 p.m. after receiving two 9-1-1 calls from neighboring tenants who said they heard a single gunshot from inside the building.

Within minutes, Wolfe was located in room #10 and the responding officer radioed for backup, reporting that Wolfe was holding a gun.

According to police officials, Wolfe allegedly pointed the gun alternately at himself and a police officer.

After about 15 minutes of negotiations, Wolfe was convinced to drop the weapon.

According to police, Wolfe was involved in an ongoing dispute with a neighbor and was being evicted from the rooming house as a result.

Nobody was injured in the incident.

The investigating was conducted by Sgt. John Peck, Det. Paul Caffo, Det. Todd Crossett, Det. Kevin Czora, officers Thad Mart, Kevin DeFelice, Matt Lutey and Jamie Givens.

Also responding to the scene were deputies and troopers.

November 30, 2012 - 2:41pm
posted by Howard B. Owens in batavia, crime, Jacquetta Simmons.

UPDATED, 3:56 p.m.

A NYS Supreme Court Justice has stayed the five-year prison term of Jacquetta Simmons pending an appeal of her sentence. The 27-year-old Batavia woman was convicted of punching a 70-year-old Walmart cashier a year ago Christmas Eve.

Simmons can be released from prison on either $50,000 cash bail or $50,000 bond or other security.

District Attorney Lawrence Friedman and ADA Melissa Cianfrini appeared in the chambers of Associate Justice Rose Sconiers, Appellent Division, 4th Department, this afternoon to argue against defense motions in the case.

Friedman said Sconiers isn't required to offer a reason for issuing the stay, but the argument that seem persuasive to her was the defense contention that Simmons' sentence was overly harsh.

Three attorneys represented Simmons, Friedman said, and argued that no other first-time felony offender convicted of second-degree assault in Genesee County since 2006 has received a prison term.

Two of the attorneys for Simmons said this afternoon that there were several reasons they believe the sentence was overly harsh, including all of the arguments raised by Attorney Ann Nichols in her statement to Judge Robert C. Noonan at the sentencing.

Among the factors -- she said she believes Noonan should have given more weight to Simmons' lack of documented encounters with the law, her college education, her steady employment, her volunteer work in the community and the broad range of support from "people who actually know her."

Attorney Earl Key added, "There are lots of things in our report that were raised at sentencing, but we put the law behind them and really detailed the law on what harsh and excessive is."

The defense team is also pursuing an appeal on the conviction of Simmons, and still believe they can get the conviction overturned, but Key said they led off today with the issue of the sentence.

Friedman said he and Cianfrini could have argued the case over the phone, but went to Buffalo to represent the people of Genesee County and the victim, Grace Suozzi, in person, rather than let only the defense appear in chambers.

The defense has until May 31 to finalize its motion and present its legal briefs.  Assuming Simmons makes bail, she could be out of prison until a ruling on the motion is issued.

Key said the actual order by Sconiers hasn't been signed yet, and until he has it in hand, he declined to discuss the process by which Simmons might be released from prison.

November 30, 2012 - 9:22am
posted by Howard B. Owens in batavia, crime, Alabama.

A Batavia resident was stopped by members of the Local Drug Enforcement Task Force while driving in Alabama on Thursday evening and allegedly found in possession of heroin and cocaine.

Joe C. Wind, 42, of Horseshoe Lake Road, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument.

Investigators allegedly found a needle with suspected heroin residue, a bag containing suspected heroin, a bag containing suspected cocaine and a glass pipe containing suspected cocaine residue.

Wind was issued an appearance ticket and released.

Uniformed deputies assisted in the traffic stop.

November 30, 2012 - 9:10am
posted by Howard B. Owens in crime, Darien.

A gunshot into a residence on Broadway Road, Darien, passed within a foot of the head of an occupant at about 4:30 p.m., Thursday, according to the Sheriff's Office.

Nobody was injured in the incident, but investigators are looking for information that might help them determine who fired the shot.

The projectile is identified as a .45 caliber sabot slug. The type is commonly used in a rifle-barreled shotgun, according to the Sheriff's Office.

The slug passed through a sliding glass door at the rear of the home from a southerly direction. It stopped when it struck a panel door.

Damage at the residence is estimated at $1,000.

The location of the residence is between Tinkham Road and Route 77.

Anybody with information that may assist in the investigation is asked to call (585) 343-5000.

November 30, 2012 - 8:22am
posted by Howard B. Owens in batavia, crime, Bethany.

Raymond Lee Leach Jr., 55, of Montclaire Avenue, Batavia, is charged with aggravated sexual abuse 3rd. Leach is accused of jamming a toothbrush into the rectum of another Genesee County inmate while that person was sleeping. Bail on the new charge was set at $10,000.

John Thomas Jaccoud, 40, of Hutchins Street, Batavia, is charged with petit larceny. Jaccoud is accused of stealing from Darien Lake Theme Park while employed at the park.

Brad C. Doward, 23, of 10 Hall St., Batavia, is charged with criminal contempt, 2nd. Doward is accused of violating a stay-away order of protection. Doward allegedly went to the residence of the protected party and called that person on the telephone.

Melissa G. Betances, 31, of 189 1/2 Pearl St., Batavia, is charged with criminal contempt, 2nd. Betances is accused of violation an order of protection by contacting the protected party via text message.

Nicole E. Reilly, 19, of 10483 Bethany Center Road, Bethany, and Jennifer L. Judkins, 18, of Albion, are charged with petit larceny. Reilly and Judkins allegedly stole merchandise from Dollar General on East Main Street, Batavia.

November 29, 2012 - 3:26pm
posted by Howard B. Owens in batavia, crime.

Batavia PD is seeking assistance in identifying the man in this photo. He is a possible suspect in Tuesday's robbery of the Dollar General on East Main Street.

The suspect is described as a light-skinned black male, approximately 6-feet tall, wearing blue jeans and a dark Carhartt-style coat.

Anyone with information can contact the Batavia PD, Det. Todd Crossett at 345-6353, or 345-6350.

November 29, 2012 - 9:28am
posted by Howard B. Owens in crime, alexander, Le Roy.

Tovia Poles, 24, of 77 W. Main St., Le Roy, is charged with grand larceny, 4th. Poles is accused of finding a wallet and rather than turn it into police, kept the wallet, destroyed the contents and then used the wallet herself. The person who lost the wallet reportedly left it on top of her car and then drove off from a parking spot on West Main Street, in the Village of Le Roy. The wallet fell to the ground at that location. The wallet contained personal identification, a credit car, a driver's license and a checkbook.

Chad Edward Merle, 31, of Broadway Road, Alexander, is charged with violation of a Family Court act. Merle was picked up on a Family Court warrant.

November 28, 2012 - 5:40pm
posted by Howard B. Owens in crime, Le Roy.

Twenty-year-old James Russell Kosiorek will have to go to prison, Judge Robert C. Noonan ruled Wednesday afternoon.

The former Le Roy resident had his sentencing delayed last week after Noonan decided he wanted more information on Kosiorek's mental health.

Today, Noonan said he was looking for some information that might explain why Kosiorek felt it was OK to flee to South Carolina after he was arrested on a felony assault charge.

"I was looking for some overriding, unreported psychological issue to help explain to me how you could behave so irresponsibly," Noonan said, "especially after a probationary sentence was placed on the table."

While it seems that no mental health professional who came into contact with Kosiorek ever really dealt with issues related to Kosiorek witnessing his brother's death at age 13, Noonan said that still didn't explain while Kosiorek fled.

He also noted that Kosiorek has found a new lease on life with a baby and plans to get married, but that at least one to three years in state prison was still the appropriate sentence.

Kosiorek was arrested in October 2010 for punching and kicking a victim in the head.

After jumping bail and heading to South Carolina, Kosiorek found a job, fathered a child and was engaged to marry.

At the first phase of his sentencing last week he said his new family meant everything to him and he wanted to lead a better life for his daughter.

Noonan did rule that Kosiorek could be considered a youthful offender, which means when he completes his prison term, he won't have a felony on his record.

"You will have that chance to start somewhat fresh when you are released," Noonan said.

November 28, 2012 - 4:59pm
posted by Howard B. Owens in batavia, crime.

A Batavia man accused in September of causing a brain injury to a baby entered a guilty plea today to a single count of reckless assault of a child.

Twenty-four-year-old Randy Johnson faces up to seven years in prison on the conviction. The Class D felony carries no mandatory prison sentence, however, so the full range of sentencing options will be available to Judge Robert C. Noonan on Jan. 25, when Johnson is back in court.

Johnson entered his plea under what known as an Alford basis. The written charge contained a factual allegation that Johnson hit the baby's head on a hard surface. Johnson did not want to admit to that allegation as a fact.

The Alford plea allows Johnson to plead guilty on the assumption he would be convicted by a jury, but without admitting to any specific facts related to the charged crime.

In a written statement, and a spoken one he made today after his guilty plea, Johnson admitted to actions that led to the baby's injuries.

"I should have watched my actions," Johnson added after he said he was guilty on the charge.

In a written statement obtained by police Sept. 20, Johnson said that four weeks prior the baby he injured was crying and woke him up early in the morning. He said he was irritated and snatched the baby from its crib.

"When I snatched him, his head snapped back real fast, like a whiplash, then it went forward," he wrote.

On other occasions, Johnson wrote, he would play with the baby by throwing it in the air. At first, this made the baby laugh, but later it made the baby cry, and in the statement he admits that throwing the baby in the air and causing him to turn in the air, could have caused the baby's injuries.

According to Noonan, the baby's injuries consisted of subdermal and retinal hemorrhaging.

Johnson was arrested Sept. 25 and charged with three counts of reckless assault of a child. The plea satisfies all three counts.

On Aug. 24, Johnson took the stand in the Jacquetta Simmons case as a defense witness. District Attorney Lawrence Friedman attacked Johnson's credibility relentlessly while he was on the stand, indicating that Johnson had changed his story from his earlier interviews and what he testified to in court.

Johnson, as Friedman claim in court, has reportedly had numerous prior contacts with law enforcement. In 2009, he was charged with criminal mischief and unauthorized use of a motor vehicle. He was arrested in December 2010 on a harassment charge. In March 2012, he was charged with reckless endangerment of property.


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