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July 10, 2012 - 9:19pm
posted by Billie Owens in Basom, crime, Alabama.

A person in the area of Crosby and Judge roads in Alabama reports being shot at with a .22-caliber rifle by someone driving a pickup truck registered to a driver on Ham Road in Basom. Law enforcement is investigating.

UPDATE: 11:45 p.m.: A deputy reports recovering a bullet. No further details available at this time.

July 10, 2012 - 8:31am
posted by Howard B. Owens in batavia, crime, elba, Le Roy.

Joseph M. Dispenza, 18, of 36 Church St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, leaving the scene of a property damage accident, unlawful possession of marijuana and consumption of alcohol in a motor vehicle. Dispenza was taken into custody after Batavia PD received numerous reports of a vehicle operating erratically at 6:48 a.m., Monday, in the Valu Plaza parking lot. Witnesses reported seeing the vehicle being driven at a high rate of speed in the parking lot and squealing its tires. The vehicle struck a light utility pole causing a significant amount of damage and rendering it inoperable. Dispenza and two passengers allegedly fled the scene but were located by patrols in the Batavia Commons Plaza. (Initial Report)

Bradley J. Broadbent, 32, no permanent address, is charged with burglary, 2nd, and petit larceny. Broadbent is accused of forcibly entering a residence on Tracy Avenue, causing damage to the door, and once inside, allegedly stealing clothing. Broadbent was arrested on these charges Monday while appearing in Batavia City Court stemming from his arrest Friday for alleged incidents on Hutchins Street. Broadbent is being held in Genesee County Jail without bail.

Kelly J. Rhim, 33, of 30 Bell St., Cheektowaga, is charged with harassment, 2nd, and endangering the welfare of a child. Rhim was allegedly involved in an argument with a female acquaintance. Rhim is accused of throwing a bowl of food at the friend, striking her with the object. There were allegedly two children in the room at the time.

Jernie Edward Kuhns, 44, of Ridge Road, Elba, is charged with aggravated harassment, 2nd. Kuhns allegedly sent text messages to another person threatening to come to the residence of that person and physically harm another person. Kuhns allegedly went to the residence but left when the occupants did not answer the door. Kuhns was jailed on $350 bail.

Jason A. Klinkbeil, 24, of Le Roy, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Klinkbeil was taken into custody by State Police at 8:15 p.m., Saturday, at 80 South St., Village of Le Roy. No further details released.

July 9, 2012 - 6:41pm
posted by Howard B. Owens in batavia, crime, synthetic drugs, synthetic marijuana, bath salts.

A 24-year-old Batavia resident who allegedly gave bath salts to a minor did so, she reportedly told a DSS caseworker, because she thought the chemical was legal, "therefore it was OK."

Ashley R. Keene, of 244 Liberty St., Batavia, is charged with endangering the welfare of a child.

Her alleged admission to giving bath salts to a 14-year-old girl are contained in court documents on file with Batavia City Court.

According to a DSS worker who made a statement in support of Keene's arrest, Keene said she didn't understand on May 28, Memorial Day, that giving a child bath salts was illegal.

Keene is the girlfriend of Jason D. Lang, 28, of 244 Liberty St., Batavia, who is currently being held in Genesee County Jail. He is accused of falsely reporting an incident for allegedly calling 9-1-1 to report gunshots at a local hotel July 2.

In court documents, a Batavia PD officer reports that in a jailhouse interview, Lang denied participating in giving the girl bath salts and says he warned Keene against it, but admits, according to the officer, of "having a problem with bath salts."

Lang has reportedly been involved in other bizarre calls to the emergency dispatchers, placing multiple calls to 9-1-1 one morning in late June and either he or Keene reported a toxic chemical odor at 244 Liberty St. in June that city fire later declared unfounded.

Lang is the former owner of The Laughing Buddha, 238 Ellicott St., Batavia, which was a head shop and tattoo parlor. The shop has been closed for a few weeks and is reportedly out of business.

In late May, Lang was arrested by State Police for allegedly calling the property owner of 400 Ellicott St. and telling the landlord that he was a "State Police detective." Lang was allegedly warning the landlord not to rent to 420 Emporium because, according to Lang, the business sold bath salts.

According to court documents, on May 28, the 14-year-old girl was given permission to go with Lang and Keene to a rib festival in Rochester. She was reportedly going along as a babysitter for Lang and Keene's daughter.

At about 5 p.m., her parents gave her permission to go home with them. On the way back to Batavia, Lang drove to Warsaw and stopped at a 420 Emporium location there.

The girl reportedly told officers that Lang gave Keene $100 to buy two packages of "Amp" (aka Amped).

When Keene came out of the store, according to the girl, she gave one package of the compound to Lang and kept one for herself. Lang, the girl said, got in the back seat and Keene got behind the wheel. Before driving away, according to the statement, Keene snorted a half line of the bath salt.

Jason slept in the back seat during the drive home, the girl said.

Upon arriving at 244 Liberty, according to the girl's statement, she got permission to stay with Lang and Keene overnight.

In the statement, the girl is reported to have said that Keene was going to do her hair and makeup for her last day of school.

Once home, the girl reported that Lang and Keene argued about "cheating and lying."

Then they decided to go to McDonald's and Tops for food.

When the group returned to 244 Liberty, Keene allegedly asked the girl, "do you want to do caffeine powder with me?"

The girl said she had never snorted anything before, according to the statement, and Keene allegedly showed her how to snort the powder.

At 10:30 p.m., Lang reportedly said he was hot and wanted to go for a walk. The girl also said they were going to look for Lang's dog, which had apparently run off.

When the got home, the girl took a swig from a Sprite bottle, according to the statement, that she later learned contained some "Amped" mixed in the bottle.

The girl said she started feeling hot. Keene, she said, got a bag of peas from the freezer and put them on her forehead. Lang asked her if she needed to take a shower. She declined the shower.

The group stayed up all night watching TV, the girl reportedly said. She said she couldn't sleep.

At 5 a.m., she started getting ready for school. 

She took a shower and Keene stayed in the bathroom during the entire shower, the girl said.

When she got out of the shower she said she noticed scratches on both of her forearms but didn't know how they got there.

Keene did the girl's hair and makeup.

When she got to school, she said, she wasn't feeling well. At about lunchtime, she started throwing up.

Her mother came and took her home.

According to the report, the girl didn't eat for two days.

Lang has previously denied selling bath salts at The Laughing Buddha, but has admitted to selling what is commonly accepted as synthetic marijuana, which Lang called incense and potpourri (previous coverage here). Just before his store closed, Lang said he had found a new kind of synthetic marijuana that was all organic and wasn't covered by a recent statewide ban on most substances known as synthetic marijuana.

After the jump (click on the headline) a press release from Sen. Charles Schumer on President Obama signing legislation making it illegal to sell (as a federal crime) many of the chemicals used in bath salts and synthetic marijuana.

July 9, 2012 - 9:02am
posted by Howard B. Owens in batavia, crime, Oakfield, byron, alexander, Le Roy, corfu, bergen.

Ashley R. Keene, 24, of 244 Liberty St., Batavia, is charged with endangering the welfare of a child. Keene is accused of providing bath salts to a juvenile to snort.

Chad E. Merle, 31, of 3225 Broadway Road, Alexander, is charged criminal contempt, 1st. Merle is accused of sending multiple text messages to a person protected from contact by a court order.

Jamie E. Andrews, 19, of 15 School St., Batavia, is charged with harassment,1st. Andrews is accused of continually following around her ex-boyfriend and driving by his house repeatedly for no legitimate purpose. Andrews was previously arrested by Batavia PD for allegedly harassing her ex-boyfriend.

Valerie Marie Covill, 23, of Oaklawn Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and unlawful possession of marijuana. Covill was charged following a one-vehicle accident at 12:014 a.m., June 28, at 3064 Galloway Road, Batavia. The accident was investigated by Deputy James Diehl and Deputy Matthew Fleming.

Peter James Przybyl, 19, of Peachy Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and unreasonable speed on a curve. Przybyl was arrested following a motor-vehicle accident at 3:10 a.m., Saturday, on Route 19, Bergen. The accident was investigated by Deputy Frank Bordonaro.

Kelly Elizabeth Howard, 19, of Judge Road, Oakfield, is charged with two counts of petit larceny. Howard was allegedly observed by loss prevention at Target shoplifting June 8 and July 16. Howard allegedly stole merchandise worth $64.60.

Quentin Israel Humphrey, 20, of East Bethany Road, Le Roy, is charged with unlawful dealing with a child. Humphrey is accused of hosting an underage drinking party.

Justin Baehr, 21, of Linwood Road, Le Roy, is charged with DWI and unlawful possession of marijuana. Baehr was observed early Sunday morning allegedly driving erratically, swerving in and out of his lane on West Main Street, Village of Le Roy, and operating with a loud exhaust. During the traffic stop, officers allegedly found marijuana, marijuana paraphernalia and other apparent drug paraphernalia. Additional drug charges possible pending the outcome of lab tests.

Michael Perdue, 49, of West Broad Street, Rochester, and Jeffrey L. Hayes, 47, of Meadow Circle, Avon, are charged with criminal possession of a controlled substance, 7th, and aggravated unlicensed operation, 2nd. Perdue was allegedly operating a vehicle at 4:46 p.m., Sunday, on Route 237 in Byron. Perdue was stopped for allegedly speeding. An ID check revealed Perdue allegedly has 13 prior suspensions on his driving record. Hayes was allegedly found in possession of a crack pipe with residue. Perdue was stopped by Deputy Brad Mazur, who was assisted at the scene by Deputy Chad Minuto.

Matthew James Pietrzykowski, 19, of Bethany Center Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Pietrzykowski was taken into custody following a report of a vehicle in a dith at 1:15 a.m., Sunday, in the area of 3630 Broadway, Alexander. The accident was investigated by Deputy Kevin McCarthy.

July 9, 2012 - 7:51am
posted by Howard B. Owens in batavia, crime.

Police responded at 6:45 a.m. to a report of an erratic driver in the Valu Plaza parking lot after a car slammed into a light pole, according to witnesses, and then the driver tried to continue operating the vehicle.

Witnesses told police once the car wouldn't go any further, the occupants jumped out and ran. One of them threw items onto the roof above Great Kutz, according to police.

A work crew was on scene and provided a ladder for a Sheriff's deputy to get on the roof and reportedly recover beer bottles.

According to a police, the car had pulled into McDonald's and an employee allegedly observed open beer bottles in the car. The driver, according to police, then pulled into the parking lot, the occupants ate their meals and disposed of trash in the parking lot. The car then allegedly sped toward the light pole at about 90 mph.

The occupants were quickly taken into custody and the driver is reportedly facing a DWI charge.

No injuries were reported as a result of the crash.

July 8, 2012 - 1:08pm
posted by Howard B. Owens in batavia, crime.

Three Batavia churches were broken into overnight and items were stolen from at least one of the buildings, according to Officer Eric Hill, Batavia PD.

Det. Pat Corona said there was evidence recovered that should help police identify the suspect or suspects.

The first burglary was reported early this morning at St. James Episcopal Church, 405 E. Main St., and Hill and Corona responded to the scene.

Hill didn't release what was stolen from St. James, citing an ongoing investigation.

Corona said the burglar at St. James kicked in a door to gain entry.

While Hill and Corona were tied up at St. James, officials at the First Baptist Church, 306 E. Main St., reported somebody had forced his way into the church building.

Det. Rich Scauff reported for duty to investigate that break-in. Hill said no items have yet been reported stolen at the Baptist church.

As Corona was leaving St. James, officials from St. Mary’s Church, 16 Ellicott St., reported signs of forced entry at their church.

Corona said the suspect or suspects forced their way in through a basement window (photo above) and forced their way into several storage areas but so far nothing is confirmed missing.

No arrests have been made yet. The investigation is continuing.

July 8, 2012 - 12:18pm
posted by Billie Owens in batavia, crime.

The suspect in a stabbing that occurred shortly before 1 a.m. today on Lewis Place in Batavia was arrested and jailed without bail. Adante L. Davis, of 218 State St., Apt. 4, Batavia, is charged with second-degree assault and criminal possession of a weapon, 3rd.

The victim was treated at UMMC for non-life-threatening injuries and released. Davis was also treated at UMMC for injuries allegedly sustained in the physical altercation. Davis is scheduled to appear in court tommorow at 11:30 a.m.

The case was investigated by Officer Frank Klimjack and Officer Eric Bolles.

(Initial Report)

July 8, 2012 - 12:50am
posted by Howard B. Owens in batavia, crime.

A fight involving several subjects was reported on Lewis Place and Batavia PD responded.

Officers are on scene and report there is a stabbing victim at a residence on Lewis Place and possibly one other injured person.

No indication on how serious the injuries are.

Mercy EMS responding.

UPDATE 12:52 a.m.: Police were told that the victim was at a residence on Lewis, but when officers arrived, they were told the victim had left, so officers are trying to locate the victim. The knife was recovered in front of a neighboring residence. Mercy EMS is on scene.

UPDATE 1:01 a.m.: A second ambulance is requested to Batavia PD headquarters for a report of a male having trouble breathing.

UPDATE 1:04 a.m.: The victim and his brother are going to UMMC ER. Police are interviewing a suspect at HQ. Batavia PD has cleared the scene on Lewis Place.

July 7, 2012 - 12:39pm
posted by Howard B. Owens in batavia, crime.

UPDATED 1:14 p.m. with additional information on charges.

A 32-year-old man who clambered on to rooftops in two separate incidents Friday is in jail, being held without bail, after being charged with criminal trespass and criminal mischief.

Bradley J. Broadbent, no permanent address, climbed onto a roof and reportedly jumped from roof to roof between homes on Hutchins Street late Friday afternoon.

Police, fire and medical personnel responded to the scene and Broadbent was talked into getting onto a ladder and climbing down.

He was transported by Mercy EMS to UMMC for evaluation.

At about 8 p.m., Broadbent reportedly fled UMMC's emergency room and a short time later, police were notified of a person entering a residence on Tracy Avenue.

Broadbent reportedly knows the woman who lives at the residence.

After a search of the residence, officers reportedly located Broadbent on the roof of a neighbor's garage.

Several other charges are pending against Broadbent, according to police.

On Friday, Lt. Jim Henning characterized Broadbent as a person of interest in a case of vandalism at a business building on Swan Street.

At the Hutchins Street incident, Broadbent was observed making repeated head and upper body movements, appearing very jittery. Police described his behavior as "irrational."

The criminal trespass charge stems from the Hutchins Street incident. At Hutchins Street, Broadbent also allegedly kicked in a door of a residence, leading to the criminal mischief charge.

According to Henning, Broadbent will also be charged at his arraignment July 9 with burglary for allegedly entering the Tracy Avenue residence.

Photo: From the Hutchins Street incident Friday. 

July 6, 2012 - 6:21pm
posted by Howard B. Owens in crime, pembroke, corfu, scott doll.

With two dissents in a NYS Supreme Court ruling upholding the murder conviction of Scott F. Doll, one of Doll's attorneys said in the wake of the ruling that the defense will request that the NYS Court of Appeals review the case.

Timothy P. Murphy, of the Buffalo firm Lipstiz, Scime, Cambria, said the ruling expands the so-called "emergency doctrine" beyond what previous courts ruled.

"We're obviously disappointed with the results," Murphy said. "But there were two dissenting votes, so we will be an appeal with the Court of Appeals in Albany."

On a 3-2 vote, the justices found that statements made by Doll to the deputies and investigators he spoke to Feb. 16, 2009 were admissible as evidence against Doll.

The statements in question were made before the body of Joseph Benaquist, 66, was found bludgeoned on the driveway of his Pembroke home.

The court also ruled that statements Doll made to a friend in the presence of an investigator were also admissible.

The two dissenting justices disagreed with the majority on the use of the "emergency doctrine" regarding statements made before the murder was discovered, but agreed that the Doll's statements to a friend back at the Sheriff's Office were admissible.

The emergency doctrine allows police officers to detain and question a person when they believe the life of a person or persons may be in jeopardy. In an emergency situation, where lives may be at stake, police are not required to read a person his rights.

The majority's opinion upheld every aspect of the prosecution's case that was appealed, including the investigative work of the Sheriff's Office.

"We think (Doll) was properly convicted and the proof was there," Sheriff Gary Maha said. "They (deputies and investigators) did a great job. They were very thorough. It was a job well done by our people to make sure they covered all the bases."

Maha said he never had a doubt that his staff handled the case appropriately and that the court would back up his department.

"They're well trained," Maha said. They know that their jobs for those type of situations. They were following the law. I know the defense wants to put doubt in the jurors' minds. That’s their job, but our officers did their job and followed the law correctly."

District Attorney Lawrence Friedman said he was also pleased, but not surprised by the ruling.

"We were expecting this result based on the attitude expressed by the judges at the appellant division when the case was argued," Friedman said.

While Friedman praised the work of the entire Sheriff's Office staff on the case, he singled out Deputy James Diehl for exceptional work.

Diehl had only recently started working for the Sheriff's Office in February 2009 when he was dispatched to investigate a suspicious individual ducking behind cars at an old gas station at Main Road and Lake Road in Pembroke.

After arriving on scene, he encountered Doll, who immediately dropped what later turned out to be a car jack and he had a lug wrench in a pocket.

As Diehl interviewed Doll, he notice Doll had fresh blood on his jumpsuit, his hands and his face.

When questioned, Doll said he was butchering deer. 

Diehl was immediately suspicious of Doll's story and when a witness approached and identified Doll as the suspicious subject seen at the gas station, Diehl cuffed Doll and told him he was being detained until things could be sorted out.

"From the start, Deputy James Diehl did an excellent job of perceiving a suspicious situation and following up on it," Friedman said. "From our perspective, he did everything right. If he didn't follow through on it, we might never had made our case."

It was Diehl's actions, along with Deputy Patrick Reeves, who was second on scene, that came under scrutiny in the appeal by the defense team, however.

The defense contends that Doll should have been given a Miranda warning ("You have the right to remain silent, etc.") and when he asked for an attorney, all questioning of Doll should have stopped until an attorney was present.

Friedman argued that the preponderance of evidence available to deputies was that a person or persons had been seriously hurt. The amount of blood on Doll, and his inconsistent story about butchering deer and then going to see a friend and being involved in a car transaction, gave the deputies reason to believe a person or persons may be in serious trouble and that Doll had been in close proximity to whatever it was that caused a person or persons to bleed profusely.

The majority of the Fourth Judicial Department judges agreed with Friedman.

"... the deputies did not violate the defendant's right to counsel or his Miranda rights under the unique circumstances of the case," wrote the majority in their opinion. "The amount of blood present on the defendant's face, hands, clothing and van, and on the ground, along with bloody gloves on top of a nearby car, indicated that one or more persons had been grievously injured and that the defendant had been in close contact with the person or persons."

The court also found that given Doll's inconsistent statements to deputies, "they were justified in concluding that one or more persons had been injured and were in need of assistance or rescue."

The dissenting judges argued that the deputies did not have enough information to conclude there was a human victim and found that Doll's statement that he had been butchering deer was plausible.

Defense attorney Murphy said that in his initial ruling at trial in May 2010, Judge Robert C. Noonan expanded the scope of the emergency doctrine and though the Fourth Department upheld Noonan, Murphy believes the proper scope of the emergency doctrine can be reestablished in the Court of Appeals.

Both majority and dissent judges agreed that a friend who visited with Doll in the presence of Investigator Kris Kautz was not working in collusion with police and therefore Doll's statements could be used against him at trial.

The court also rejected a defense argument that Doll's van was seized without a probable cause and that the prosecution properly obtained business records of Doll's.

Doll is currently serving 15 years to life for the murder of Benaquist at the Sullivan Correctional Facility in Fallsburg.

For all of our previous coverage of the Scott Doll case, click here.

July 6, 2012 - 3:50pm
posted by Howard B. Owens in crime, pembroke, corfu, scott doll.

By a vote of 3-2, the NYS Supreme Court has upheld the murder conviction of Scott F. Doll, convicted May 20, 2010 of killing Joseph Benaquist, 66, on Feb. 16, 2009.

The majority found that Doll's Constitutional rights were not compromised by Sheriff's deputies and investigators who responded to Lake Road, Pembroke, after Doll was found wandering the area in a blood-splattered jumpsuit.

UPDATE: Full Story

July 6, 2012 - 8:38am
posted by Howard B. Owens in batavia, crime, byron.

Edward J. Fuller, 22, of Clifford Avenue, Rochester, was sent to prison for three years Thursday after being picked up on a warrant in Mt. Morris and being turned over to the Sheriff's Office. Fuller was previously convicted of criminal possession of a controlled substance with intent to sell and failed to appear for his sentencing, so a warrant was issued. Following his arrest, Fuller was transported to Genesee County Court and sentenced by Judge Robert C. Noonan. (Original Arrest Report)

Thomas Charles Zimmer, 35, of State Street, Batavia, is charged with criminal contempt, 2nd. Zimmer was allegedly in his wife's hotel room in violation of a court order.

Javier Resendez, 23, of Cockram Road, Byron, is charged with illegal entry into the United States. Resendez was taken into custody following a report of a suspicious male trying to find a ride home at the Arrow Mart on Clinton Street Road, Batavia.

Samuel Robert Thomas, 57, no permanent address, is charged with petit larceny. Thomas is accused of stealing and damaging 16 newspapers left for sale at the Arrow Mart on Clinton Street Road, Batavia.

July 5, 2012 - 12:18pm
posted by Howard B. Owens in batavia, crime, alexander, Darien, Le Roy, bergen.

Nicholas A. Antonucci, 25, of 4192 Broadway Road, Alexander, is charged with burglary, 2nd, grand larceny, 3rd, and grand larceny, 4th. Antonucci is accused of stealing a shotgun from a residence in the Town of Gainesville and of stealing a dirt bike from a residence in the Town of Covington. The shotgun was reportedly recovered in Batavia. Antonucci was already in the Wyoming County Jail on $100,000 bail charged with other burglaries and thefts. On each of the new charges, $50,000 was added to Antonucci's bail.

Jordan Kyle Prentice, 21, of Batavia Oakfield Townline Road, Batavia, is charged with DWAI, unlawful possession of marijuana, failure to keep right and driving left of pavement marking. Prentice was stopped at 12:42 p.m., June 22, on Judge Road, Alabama, by Sgt. Tom Sanfratello for allegedly driving down the middle of the road. Prentice is accused of driving under the influence of marijuana.

Bradley Micheal Crandall, 44, of Lake Street, Le Roy. Crandall is accused of stealing cans of beer from Tops in Le Roy. He was apprehended after a short foot chase by a store employee.

John Arthur Smith, 45, West Bergen Road, Le Roy, is charged with resisting arrest, obstructing governmental administration, 2nd, and harassment, 2nd. Smith is accused of interfering with an investigation into a domestic incident. He allegedly pushed a deputy's arm away several times as the deputy attempted to place him into custody.

Sarah P. Nichols, 29, of 112 Ellsworth Ave., Batavia, is charged with petit larceny. Nichols is accused of stealing $50 from the cash drawer at her place of employment on West Main Street.

Lucas George Yauchzee, 22, of West Bergen Road, Bergen, is charged with harassment, 2nd. Yauchzee is accused of grabbing another person by the arms and pushing that person backwards during an argument.

Christine M. Krug-Leach, 45, of 703 W. Ferry St., Buffalo, is charged with DWI, DWAI and refusal to submit to breath test. Krug-Leach was stopped at 11:11 p.m. on West Main Street, Le Roy, by Le Roy PD following a report of an erratic driver.

Matthew R. Mancini, 26, of Bedford, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Mancini was stopped at 11 p.m., Tuesday, in the Village of Alexander by State Police.

Scott Sullivan, 32, of Darien, is charged with a traffic device violation (sign). Sullivan was issued an appearance ticket by State Police on Wednesday morning.

Matthew S. Ryan, 29, of Chittenango, is charged with unlawful possession of marijuana. Ryan was detained by State Police in Darien at 7 p.m., Tuesday.

July 4, 2012 - 2:31pm
posted by Howard B. Owens in crime, Darien, darien lake theme park.

For a concert that drew more than 20,000 people, the Dave Matthews Band show at  Darien Lake Performing Arts Center was largely uneventful.

There were the usual trespass and harassment arrests -- a dozen people total were taken into custody -- but no major fights or serious crimes.

The most notable arrest came early in the evening when Matthew D. Battiston, 20, of Lehn Springs Drive, Williamsville, and Kathryn D. Brown, 19, of Brenridge Road, East Amherst, were caught climbing the cell tower on the east side of the park, allegedly without permission.

Battiston and Brown were both charged with criminal trespass, 3rd, and released on pre-arranged bail of $125 each (pre-arranged bail means they didn't appear in court, but put up the cash in the security processing trailer at Darien Lake).

Brown's mother was at the concert and picked her up. Battiston's mother drove from her home and paid his bail.

Battiston told deputies that what he did was "really stupid."

"This is the last place I would expect to be," said Battiston while handcuffed to a chair in the security trailer. "I'm really embarrassed."

Brown was treated for minor cuts on her legs suffered as she climbed over the barbwire-topped fence around the cell tower.

Both Battiston and Brown were fully cooperative with law enforcement during their arrest and processing and Battiston said they hadn't been drinking.

It might surprise readers to know that not every person that gets kicked out of the concert venue is arrested.

At one point during the evening, near the end of the show, a patron was escorted out of the venue in a wrist lock (deputies do not enter the concert area). Deputies interviewed him for about 10 minutes and then released him.

A deputy said that the man had gotten into a verbal argument with his girlfriend and a group of intoxicated males started yelling at him and pushing him, so he ran from the encounter, which caused security to grab him for possibly causing a disturbance.

The deputy said it's not uncommon for men to get into a verbal argument with their date and have intoxicated males intervene.

Then there are the guys who could probably avoid arrest if they were just a bit more cooperative after getting escorted from the venue.

One gentleman (I've not been able to confirm his name from the arrest report) was brought outside and handed over to a deputy, being told by security, "Show them your ID, all of your ID, including your badge."

Apparently, the man had claimed inside the venue to be a deputy.

However, as a security supervisor interviewed him, the conversation seemed to be going pretty well. He might have been able to talk his way out of an arrest, but he suddenly yelled (by suddenly, we mean without apparent provocation), "Don't yell at me!"

He then started yelling, "Just arrest me, just arrest me, I know you want to do it anyway!"

At that point, he turned to Deputy Jason Saile and started yelling at him that "you might as well arrest me." 

The man then turned around and yelled a string of profanities at Deputy Lonnie Nati. After a minute of this, Nati said, "That's it. You're under arrest."

My evening ride-along with the Sheriff's Office began with Sgt. Steve Mullen.

For the part of the shift I was with Mullen, he was stationed at the entrance known as North Pack. Mullen was there to assist event security with any problems that arose, which typically involve an already overly intoxicated person trying to enter the concert venue.

If you're too drunk, Darien security will keep you out.

One woman who was with her date and another couple were stopped by security and Mullen was called over to check her sobriety. A friend told Mullen that the woman was on medication, which made her appear more drunk than she was.  Mullen administered a breath test and showed the results to an event security officer who said simply, "she's not getting in."

Later, I rode in a gator with Sgt. Tom Sanfratello and two members of Darien's security team to South Pack, another entrance.

It was at this location that I observed two of the events described above.

From there, we went to Employee Road for "The Dump," when the concert is over and the majority of people leave.

The Dump is the time when most of the fights occur and people become frustrated by the two-hour process of driving out of the parking lot.

On Tuesday, there were only two minor altercations reported, both broken up and dispersed by the time deputies arrived on scene.

As The Dump winds down, deputies begin "The Push." They drive through the parking areas in golf carts and gators advising anybody who is lingering that the parking lot is closing.

There's a few dozen people at this point either hanging out in lawn chairs enjoying a late night snack or sleeping in their cars.

There appears to be enough trash on the ground to stuff a small landfill. Nobody takes their empties with them.

After the jump (click on the headline to read more) a photo tour of the evening followed by the complete Sheriff's Office press release of arrests and citations.

July 2, 2012 - 2:57pm
posted by Howard B. Owens in crime, darien lake, Darien.

If you're wondering where the report is on all of the arrests at the Beach Boys concert at Darien Lake on Friday, here's a news flash: There weren't any.

Apparently, nobody urinated on another patron, nobody was arrested for trespass for jumping a fence to get backstage, nobody tried to shoplift from a vendor and nobody took a swing at a security guard.

There weren't even any citations issued for underage drinking.

Perhaps less surprising, there were also weren't any citations issued for unlawful possession of marijuana.

"It was a completely different crowd than what we usually deal with," said Sgt. Steve Mullen, of the Sheriff's Office.

Mullen said people entered the venue in an orderly manner -- forming a single line instead of the usual "mosh pit" of pushing and shoving to enter -- and alcohol consumption was mostly confined a couple of beers or a glass or two of wine (people brought their own glasses).

"They even picked up after themselves," Mullen said.

One deputy we spoke to said concertgoers even thanked him for being there.

The evening wasn't without conflicts. Getting out of the Darien Lake parking lot is apparently a frustrating exercise even on a night when the band draws less than 8,000 people.

One patron, Janice O'Rouke, posted on the D&C's Web site that the situation in the parking lot was "ugly," but what she describes was really pretty tame compared to what might occur at a Brad Paisley or Drake show.

Chief Deputy Gordon Dibble confirmed there were some tense moments in the parking lot as people tried to leave, but only one or two confrontations and "certainly less than normal."


No one would ever describe the parking lot situation as pleasant or fast, I'm sure. Thousands of vehicles exiting onto one state highway and one county road will never be pleasant or fast by any stretch of the imagination. The parking lot funneling to the exits will always cause conflict that sometimes becomes physical. Alcohol abuse is a significant factor. 

The Sheriff's Office routinely has as many as 10 deputies directing traffic at the end of the concerts with the goal of getting everyone out as quickly and as safely as humanly possible and yet it will take the last of the patrons as much as two hours to get on the road from a large concert.

Accidents in the traffic pattern will pull deputies from traffic direction duty and cause additional back ups. The State Police also have patrols in the area working to keep traffic moving. Traffic backed up to the park from the Village of Corfu is common even though the Corfu PD assists traffic through their village as best they can. 

Private parking lots along Sumner Road result in gridlock and heavy foot traffic mixed in with bumper-to-bumper vehicle traffic in poor lighting with no sidewalks and narrow, unimproved shoulders. 

People need to understand the limitations at this venue, study the routes in and out, be prepared to take an alternate route and expect delays both getting there and leaving. 

This is a very difficult venue to manage under these conditions.  

Even with the inherant difficulties with the venue, Dibble said, the crowd Friday was very easy to work with.

"While the parking lots are usually littered with bottles and cans after a concert, there were few and far between at the end of this one," Dibble said. "People were polite and considerate as they entered and left."

Mullen agreed.

"It was a mature crowd," Mullen said. "They were there to enjoy the concert and have a good time and not cause anybody else problems. It was an honor to be there to serve them and they were glad to have us there."

July 2, 2012 - 11:33am
posted by Howard B. Owens in batavia, crime.

Jason D. Lang, 28, of 244 Liberty St., Batavia, is charged with falsely reporting an incident, 3rd, and aggravated harassment, 2nd. Lang is accused of calling 9-1-1 at 12:13 a.m., Saturday, to report hearing gunshots at a local hotel. Lang allegedly made the call twice. Batavia PD determined there were no gunshots at the hotel. Lang allegedly made several more calls to 9-1-1 "for no legitimate purpose." Lang was jailed on $5,000 bail.

Jamie E. Andrews, 28, of 15 School St., Batavia, is charged with reckless endangerment, 2nd, and assault, 3rd. Andrews is accused of driving on Swan Street and deliberately striking an acquaintance with her car. The alleged victim was treated and released at UMMC with a minor injury.  Andrews was jailed on $5,000 bail.

Philip A. Dodson, 21, of 662 N. Plymouth Ave., Rochester, is charged with harassment, 2nd. Dodson was arrested in Monroe County and turned over to Batavia PD. Dodson was arraigned in city court and released.

Tara L. Hall, 33, of 32 Brooklyn Ave., Batavia, is charged with harassment, 2nd. Hall is accused of threatening a neighbor during an argument.

Chad M. Johnston, 26, of 111 Liberty St., Batavia, is charged with criminally possessing a hypodermic instrument. Johnston is accused of possessing a hypodermic instrument inside his residence.

Luke W. Ritzenhaler, 29, of 67 Oak St., Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Ritzenhaler is accused of being in a fight at a location on Oak Street where he allegedly picked up another person and also threw an object at that person. He also allegedly damaged molding around a doorway.

Bruce V. Wiseley, 64, of 30 S. Main St., Batavia, is charged with disorderly conduct. Wiseley is accused of becoming unruly while at a business on West Main Street and shouting obscenities at employees.

Lyle Robert Henderson, 29, of Lakeview Avenue, Syracuse, is accused of a family court violation. Henderson was arrested in Oneida County and turned over to the Genesee County Sheriff's Office. Following arraignment, Henderson was jailed on $4,000 bail.

July 1, 2012 - 6:58pm
posted by Billie Owens in batavia, crime.

A fight in progress is reported at Austin Park in the city. Police just arrived.

UPDATE 7:01 p.m.: "You better swing down. It's a pretty large gathering," says an officer on scene to another. The incident had migrated toward Jefferson, then to Washington and Bank, verbal at that point. "It looks like now they're dispersing."

UPDATE 7:04 p.m.: There were estimated to be 30 or 40 people involved. "Now they're at Summit, looks like a fight is going on there."

UPDATE 7:13 p.m.: Now the group, or what's left of it, is moving back to Austin Park and an officer is remaining on scene to monitor the situation.

July 1, 2012 - 9:21am
posted by Howard B. Owens in crime, Darien.

The following arrests were made by the Sheriff's Office on Saturday night in connection with the Rascal Flatts concert at Darien Lake.

Anna V. Brucket, 18, of  2nd Street, Geneseo, is charged with trespass for allegedly reentering the concert venue after she was previously ejected from the concert.

Justin R. Edder, 30, of Shirley Road, North Collins, is charged with trespass for allegedly reentering the concert venue after he was previously ejected from the concert.

Robert A. Pelusio, 22, of Frostholm Drive, Rochester is charged with unlawful possession of marijuana.

Sheriff's deputies issued tickets to 59 people for alleged possession of alcohol underage 21. The names of the individuals were not released.

June 30, 2012 - 12:36pm
posted by Billie Owens in batavia, crime.

A man who is a passenger on a Trailways passenger bus on Park Road in Batavia is reportedly threatening to shoot people once the bus arrives at its destination in Rochester. The bus driver is in a store asking that the man be removed from the bus. The suspect is described as 6 feet tall, wearing a yellow shirt and is said to be sitting in the seat right behind the driver. Multiple law enforcement units are responding.

UPDATE 12:48 p.m.: A Mercy ambulance is dispatched to the deli at 8204 Park Road to transport the man who allegedly made the threats to a mental health facility for evaluation.

June 29, 2012 - 2:04pm
posted by Billie Owens in crime, alexander, Darien.

Nicholas Adam Antonucci, 25, of 4192 Broadway Road, Alexander, is charged with burglary, 3rd, two counts of grand larceny, 3rd, and one count of grand larceny, 4th, following a traffic stop on Ellicott Street in Batavia on June 26. Sheriff's K-9 Deputy Brian Thompson stopped Antonucci to arrest him on a warrant out of Attica Town Court, which was ordered following an investigation of stolen four-wheelers and dirt bikes from homes in the Attica area. The suspect in the thefts was arraigned in Attica Town Court and put in Wyoming County Jail on $100,000 bail. In addition, a search warrant was executed at Antonucci's residence and a 2009 Dodge pickup truck was seized. The investigation is continuing and numerous charges are pending. Those working the case include Genesee County Sheriff's investigators Timothy Weis and Chris Kautz, State Police Investigator Scott Mills and Trooper John Szymkowiak, and in Wyoming County, Sheriff's Investigator Aaron Anderson, Deputy Steve Miller, Undersheriff Greg Rudolph and Lt. Ed Till.

Douglas Peter Pytlik, 30, of Linwood Avenue, North Tonawanda, is charged with disorderly conduct and was arraigned in Darien Town Court at 1 a.m. this morning. He is accused of walking westbound on Route 77, in the middle of the road, obstructing traffic from passing by him. Sheriff's Sgt. Gregory Walker made the arrest.

Brent Edward Bierman, 23, of Wadsworth Hill Road, Scion, is charged with driving while intoxicated, aggravated DWI -- driving with a BAC of .18 percent or higher, driving without headlights, and not wearing a seat belt. Bierman was arrested at 1:03 a.m. this morning following a traffic stop on Sumner Road in the Town of Darien. Sheriff's Deputy Jason E. Saile made the arrest.


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