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August 1, 2018 - 5:17pm
posted by Billie Owens in news, Stafford, Darien, Pavilion, notify, Grand Jury, crime.

David M. Howard is indicted for the crime of assault in the second degree, a Class D violent felony. It is alleged that on May 19 in the Town of Pavilion that Howard, with intent to cause physical injury to a person age 65 or older, caused such injury and the defendant is more than 10 years younger than the victim. In count two, Howard is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person May 19 in Pavilion.

Larry A. Hubler is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 20 in the Town of Stafford that Hubler drove a 2006 Chevrolet on East Main Street Road (Route 5) while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Hubler is accused of having been convicted of DWI, as a Class E felony, on Nov. 21, 2007, in Genesee County Court, and the conviction was within 10 years of the crimes alleged in the current indictment.

Brett N. Magoffin is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 15 in the Town of Darien that Magoffin drove a 2003 Chevrolet on Simonds Road while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .18 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Magoffin is accused of having been convicted of DWI, as a misdemeanor, on March 31, 2015, in City of Batavia Court, and the conviction was within 10 years of the crimes alleged in the current indictment.

July 16, 2018 - 3:03pm
posted by Billie Owens in crime, Grand Jury, Le Roy, elba, batavia, bergen, pembroke, news, notify.

Michael J. Piasta Jr. is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on March 25 at the Arby's restaurant in Batavia, located at 212 W. Main St., that the defendant forcibly stole property and in the course of the commission of a crime or in the immediate flight from it, he allegedly displayed what appeared to be a pistol, revolver or other firearm. In count two, he is indicted for third-degree grand larceny, a Class D felony, for allegedly stealing property on that date that had a value exceeding $3,000. In count three, Piasta is accused of criminal possession of a weapon in the third degree, a second Class D felony, for allegedly possession an imitation pistoal with the intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Piasta is accused of having been convicted of: third-degree burglary, a Class D felony, on Dec. 20, 2010, in Genesee County Court; petit larceny, a Class A misdemeanor, on Sept. 7, 2010, in City of Batavia Court; attempted petit larceny, a Class B misdemeanor, on Jan. 18, 2011, in Town of Batavia Court; attempted failure to pay for service, based on stealth, a Class B misdemeanor, on May 1, 2002, City of Batavia Court; petit larceny again, on July 19, 2001, in City of Batavia Court; and criminal mischief in the fourth degree, a Class A misdemeanor, on April 5, 2001, in City of Batavia Court. These convictions form the basis for Count Three in the current indictment.

Lamont L. Crimes is indicted for the crime second-degree assault, a Class D violent felony. It is alleged that on May 28 in the Town of Elba that, with intent to cause physical injury to another person, Crimes caused injury to another person using a dangerous instrument -- a knife. In count two, the defendant is accused of the same crime involving a second victim.

Jaomi Delgado is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Dec. 20 in the City of Batavia that Delgado knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic -- cocaine -- and these were of an aggregate weight of one-half ounce or more.

Katelyn M. Bennett is indicted from the crime of driving while intoxicated as a Class E felony. It is alleged that on April 11 in the Town of Bergen that Bennett drove a 2011 Chevrolet on state routes 33 and/or 19 while intoxicated. In count two, she is accused of aggravated DWI, per se, as a Class E felony for allegedly having a BAC of .18 or more at the time. In counts three and four, the defendant is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing, respectively, concentrated cannibas and alprazolam (Xanax). In count five, Bennett is accused of unlawful fleeing a police officer in a motor vehicle in the third degree, another Class A misdemeanor. It is alleged in count five that she knew she had been directed to stop by a police officer or marked police vehicle and she attempted to flee at speeds which equaled or exceeded 25 mph above the speed limit, or she engaged in reckless driving (VTL 1212). In Special Information filed by the District Attorney, Bennett is accused of having been convicted of operating a motor vehicle while impaired by drugs, as a misdemeanor, on Dec. 20, 2011, in the Town of Gates and that conviction was within 10 years of the crimes alleged in the current indictment.

Brent J. Chapman is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on May 11 in the Town of Le Roy that Chapman drove a 2006 Lincoln on I-90 while intoxicated. In Special Information filed by the District Attorney, the defendant is accused of having been convicted for misdemeanor DWI on March 8, 2016, in the Town of Greece, and that convicted is within 10 years of the crime alleged in the current indictment.

Paul D. Fields Jr. is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Feb. 7 in the Town of Pembroke that Fields drove a 2002 Saturn eastbound on Indian Falls Road while intoxicated. In count two, he is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 or more at the time. In count three, Fields is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time. In Special Information filed by the District Attorney, Fields is accused of having been convicted of DWI on April 10, 2006, in City of Batavia Court. That conviction forms the basis for Count Three of the current indictment.

June 27, 2018 - 2:49pm
posted by Billie Owens in crime, Grand Jury, news, notify, Stafford, pembroke, Pavilion.

Rachael M. Lochner is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on April 4 in the Town of Pavilion that Lochner drove a 2016 Mazda on South Street Road while having a BAC of .08 or more and while a child age 15 or less was a passenger in the vehicle. In counts two, three and four the same crime is alleged while a second, third and fourth child, respectively, ages 15 or less, were passengers in the vehicle. In count five, she is accused of aggravated driving while intoxicated, per se, as a misdemeanor, for having a BAC of .18 or more at the time.

Brandon C. McCoy is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Jan. 27 in the Town of Pembroke that McCoy possessed brass knuckles. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of fourth-degree grand larceny, a Class D felony, on Aug. 3 in Wyoming County Court. That conviction forms the basis for the current indictment.

Brandon C. Morgan and Kyle Z. Morgan are indicted for the crime of criminal possession of marijuana in the third degree, a Class E felony. It is alleged that on Feb. 13 in the Town of Stafford that they knowingly and unlawfully possessed one or more prepartation, compounds, mixtures or substances containing marijuana that had an aggregate weight of more than eight ounces.

June 23, 2018 - 9:00am
posted by Billie Owens in crime, news, batavia, Pavilion, Le Roy, notify, Grand Jury.

Jerod M. Baltz is indicated for the crime of criminal sexual act in the first degree, a Class B violent felony. It is alleged that on March 18 on Sparks Road in the Town of Pavilion that Baltz engaged in oral sexual conduct with another person by forcible compulsion. In count two, he is accused of criminal sexual act in the third degree, a Class E felony. It is alleged in count two that he engaged in oral sexual conduct with another person without the person's consent and this lack of consent was by reason of some other factor than incapacity to consent -- physically helpless (NYS Penal Law 130.05(2)(d). In count three, the defendant is accused of first-degree rape, a Class B violent felony, for allegedly engaging in sexual intercourse with another person by forcible compulsion. In count four, Baltz is accused of third-degree rape, a Class E felony, for allegedly engaging in sexual intercourse with another person without the person's concent and this lack of consent was by reason of some other factor than incapacity to consent -- physically helpless. In count five, Baltz is again accused of criminal sexual act in the first degree. It is alleged in count five that he engaged in a second act of oral sexual conduct with another person by forcible compulsion. In count six, the defendant is again accused of criminal sexual act in the third degree. In count six, he allegedly engaged in a second act of oral sexual contact with another person without the person's consent and this lack of consent was by reason of some other factor than incapacity to consent -- physically helpless. In count seven, Baltz is again accused of first-degree rape for allegedly engaging in a second act of sexual intecourse with another person who incapable of consent by reason of being physically helpless. In count eight, Baltz is accused of criminal obstruction of breathing or circulation, a Class A misdemeanor, for allegedly intending to impede the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of a person. The allegations in counts two through eight also allegedly took place on Sparks Road, Pavilion, on March 18.

Qumane J. Santiago and Jaequele M. Tomlin are indicted for the crime of fourth-degree conspiracy, a Class E felony. It is alleged that on Jan. 18 in the City of Batavia that the defendants' intentional conduct constituted a Class C felony to be performed: second-degree robbery. In count two, Tomlin is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that Tomlin possessed a dangerous instrument -- a sock with a rock or piece of concrete in it, with the intent to use it unlawfully against another person.

Steven D. Fronczak is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that one Feb. 24 in the Town of Le Roy that the defendant drove a 2012 Chevrolet on Route 19 while in an intoxicated condition. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for allegedly have a BAC of .18 or more at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while his driver's license was suspended, revoked or otherwise withdrawn by authorities, and he did so allegedly while under the influence of alcohol or a drug. In count four, Fronczak is accused of circumventing an interlock ignition device, a Class A misdemeanor. It is alleged in count four that the 2012 Chevrolet was not equipped with an interlock ignition device, which he is required to have by court order. In count five, he is accused of the offense of use of a mobile telephone while operating a vehicle, a violation. In Special Information filed by the District Attorney, Fronczak is accused of having been convicted of DWI, as a misdemeanor, on March 6, 2017, in Town of Le Roy Court and this conviction was within 10 years of the crimes alleged in the current indictment.

June 13, 2018 - 5:44pm
posted by Billie Owens in Alabama, news, notify, batavia, Grand Jury.

Winston A. Lockhart Sr. is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 16 on Holland Avenue in the City of Batavia, Lockhart knowingly entered or remained unlawfully in a dwelling with the intent to commit a crime.

Ricardo Sampel Sr. is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on April 24 in the Town of Alabama that Sampel, in violation of a duly served order of protection, was in the presence of the protected party. In Special Information filed by the District Attorney, Sampel is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor. The Special Information states the defendant was convicted on April 5 in Town of Alabama Court for violating a stay away family offense order of protection and that was within five years of the crime alleged in the current indictment.

Matthew D. Grant is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Jan. 10 in the Town of Batavia, the defendant drove a 2017 GMC bearing an Ontario, Canada, license plate on the Thruway while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for having a BAC of .08 or more at the time. In count three, Grant is accused of aggravated unlicensed operation in the first degree, another Class E felony. In count three, it is alleged that Grant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities and he was operating the vehicle under the influence of alcohol or a drug. In count four, he is accused of consuming alcoholic beverages in a motor vehicle, a vehicle and traffic violation, and he allegedly did so while on a public highway. In count five, he is accused of moving from lane unsafely, a vehicle and traffic violation. In count six, Grant is accused of leaving the scene of an incident without reporting, another vehicle and traffic violation. It is alleged in count six that he drove the GMC and had cause to know that he damaged property -- a 2015 Ram truck belonging to another person -- and he allegedly failed to stop, and when no police officer was in the vicinity of the accident, he failed to report the incident as soon as physically able to do so at the nearest police station. In Special Information filed by the District Attorney, Grant is accused of having been convicted of DWI, as a misdemeanor, on Jan. 10 in Town of Henrietta Court and that conviction was within 10 years of the crimes alleged in the current indictment.

June 7, 2018 - 2:25pm
posted by Billie Owens in crime, batavia, Grand Jury, news, notify.

Pierre M. Humphrey and Asia N. Fedrick are indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Jan. 16 in the area of Park Road, Batavia, that they knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, they are accused of the same crime, except the drug was heroin. In count three, they are accused of the same crime as in count one, except the drug was tablets containing codeine and acetaminophen (such as hydrocodone). In count four, they are accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing preparations, compounds, mixtures and substances containing cocaine and the aggregate weight of them was one-eighth ounce or more. In count five, the duo is accused of unlawful possession of marijuana, a violation. In count six, Humphrey alone is accused of criminal impersonation in the second degree, a Class A misdemeanor. It is alleged in count six that Humphrey "did impersonate another and did an act in such assumed character with intent to obtain a benefit or to injure or defraud another."

May 30, 2018 - 3:55pm
posted by Billie Owens in crime, news, notify, batavia, Le Roy, Alabama, Grand Jury.

Paul D. Rutherford is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on April 14 in the Town of Alabama, that Rutherford stole property exceeding a value of $1,000 -- a 2017 Eagle American 20-foot trailer.

Timothy O. Lee is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Nov. 28 in the Town of Le Roy that Lee knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that he knowingly and unlawfully possessed one or more preparation, compounds, mixtures or substances containing a narcotic drug and these had an aggregate weight of one-eighth of an ounce or more. In count three, the defendant is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count three that on Nov. 28 in the Town of Le Roy that he knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, he is accused of the same crime as in count three, involving a second child less than 17 years of age.

Gary D. Burney is indicted for the crie of second-degree burglary, a Class C violent felony. It is alleged that in the late evening on April 20 or early morning on April 21 that he knowingly entered or remained unlawfully inside a dwelling on North Spruce Street in the City of Batavia with intent to commit a crime.

Edward J. White is accused of the crime of promoting prison contraband, a Class D felony. It is alleged that on Dec. 26 in the Genesee County Jail that he knowingly and unlawfully possessed dangerous contraband -- alcohol. In count two, he is accused of the same crime for allegedly possessing a Bic lighter on Dec. 29. In count three, he is accused of the same crime again on Dec. 29 for allegedly possessing alcohol, two Gabapentin pills, four Strattera pills and four bupropion hydrochloride pills.

Brian T. Resch is indicted for the crime of criminal sale of a controlled substance in the fourth degree, a Class C felony. It is alleged that on Jan. 10 in the Genesee County Jail that the defendant knowingly and unlawfully sold an unspecified narcotic preparation.

Rebecca S. Hensel is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 29 in the Town of Batavia that she drove a 2010 Chevrolet on West Main Street Road while in an intoxicated condition. In count two, she is accused of DWI, per se, also a Class E felony, for allegedly having a BAC of .08 or greater at the time. In count three, Hensel is accused of speeding at the time, a violation of vehicle and traffic law. In Special Information filed by the District Attorney's Office, she is accused of having been convicted of misdemeanor DWI on June 15, 2011, in Batavia City Court and that conviction was within 10 years of the crimes allegd in the current indictment.

May 17, 2018 - 3:05pm
posted by Billie Owens in crime, Grand Jury, news, batavia, Darien, notify.

Darcia M. Golda is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 26 in the Town of Batavia that Golda stole property with a value of more than $3,000 -- in this case, U.S. currency. In count two, she is accused of the crime of falsifying business records in the first degree, a Class E felony. It is alleged in count two that on Sept. 6 in the Town of Batavia that Golda, with intent to defraud, made a false entry in the business records of an enterprise. She allegedly did so by making a fraudulent return slip for $20 for the purposes of stealing from a store. In count three, the defendant is accused of the same crime as in count two, but it allegedly occurred on Sept. 19 for $99.87. In count four, the defendant is accused of the same crime as in count two, but it allegedly occurred on Sept. 11 for $150.37. In count five, the defendant is accused of the same crime as in count two, but it allegedly the fraudulent return slip was undated; the amount was for $125.03. In count six, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 22, 2016 for $79.45. In count seven, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 26 for $60.20. In count eight, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 27 for $81.25. In count nine, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 29, 2016, for $74.65. In count 10, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 15, 2016, for $140.30. In count 11, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 15, 2016, for $85.74. In counts 12, 13, 14 Golda is accused of third-degree forgery, a Class D felony. It is alleged that on Sept. 6, Sept. 19, Sept. 11, respectively, she falsely made, completed or altered a written instrument -- store return slips. In count 15, she is also accused of third-degree forgery for allegedly falsely completing an undated store return slip, sometime between Oct. 26, 2016 and Sept. 27, 2017. In counts 16, 17, 18 and 19, Golda is again accused of third-degree forgery for allegedly falsifying a return slip, respectively on: June 22, 2016; June 26; June 27; and, lastly, on June 15, 2016.

Melissa R. Rosenberg is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on Nov. 27 in the Town of Batavia that Rosenberg drove a 2001 Acura on Route 5 while intoxicated and while a child under age 15 was a passenger in the vehicle. In count two, she is accused of aggravated DWI, also a Class E felony, for DWI while a second child age 15 or under was a passenger in the vehicle. In count three, the defendant is accused of DWI as a misdemeanor. In count four, she is accused for DWI, per se, for having a BAC of .18 or more at the time. In counts five, six and seven, she is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In counts eight, nine, 10 and 11, Rosenberg is accused of vehicle and traffic law violations. Respectively, these are: driving left of pavement markings; moving from lane unsafely; failure to use designated lane; and moving across hazard lines.

Gioacchino F. Aquino is indicted for the crime of third-degree burglary, a Class E felony, for allegedly knowingly entering a building unlawfully with the intent to commit crime -- in a convenience store on Broadway Road in the Town of Darien on Jan. 10. He is accused of criminal mischief in the third degree, a Class E felony, for allegedly intentionally damaging the property of another person -- a glass door -- in an amount exceeding $250.

May 15, 2018 - 1:42pm
posted by Billie Owens in crime, news, bergen, batavia, Le Roy, pembroke, Grand Jury, notify.

Jacqueline M. Saeli is indicted for the crime of third-degree arson. It is alleged that on Jan. 6 she intentionally damaged a building and a motor vehicle -- a shed on property on North Lake Road, in the Town of Pembroke, which contained a 2008 Harley-Davidson motorcycle. She allegedly did so by starting a fire or causing an explosion.

Nicholas G. Williams is indicted for the crime of burglary in the third degree, a Class D felony. It is alleged that on Dec. 30 he knowingly entered unlawfully into a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, he is accused of second-degree criminal content, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other court mandate. In count three, Williams is indicted for the crime of resisting arrest, also a Class A misdemeanor, because he allegedly intentionally prevented or attempted to prevent an officer from arresting himself or another person.

Dartanyan A. Robinson is indicted for the crime of driving while ability impaired by drugs, as a Class D felony. It is alleged that on March 30 that he drove a 2004 Land Rover in the Town of Batavia on the eastbound state Thruway while his ability to do so was impaired by drugs. It count two, he is accused of the crime of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a Class D felony. In count three, the defendant is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that Robinson knew, or had reason to know, that his driver's license had been suspended or revoked for driving under the influence of alcohol or a drug when he drove the Land Rover on May 30. In count four, Robinson is accused again of first-degree aggravated unlicensed operation. It is alleged in count four that the defendant knew, or had reason to know, that his driving privilege had been suspended or revoked by the commissioner for refusals on multiple occasions to submit to a chemical test: on May 27, 1998; May 26, 2000; March 2, 2009; and Nov. 12, 2013. In count five, he is accused of speeding on March 30 in the Town of Batavia. In count six, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count six that on March 30, the 2004 Land Rover he was driving was not equipped with an ignition interlock device, which he was required to have. In Special Information filed by the District Attorney, Robinson is accused of having been convicted: of the crime of DWI, as a Class E felony, on Oct. 31, 2000 in County of Niagara Court; of the crime of DWI as a misdemeanor on Feb. 21, 2013 in County of Niagara Court; and of DWI, as a Class E felony, on Dec. 15, 2014, in Monroe County Court. These three prior convictions form the basis for the suspensions or revocations referenced in count three of the current indictment; and the latter two convictions form the basis for the felony charges in counts one and two of the current indictment.

Jerome W. Amesbury is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on Jan. 26 in the Town of Bergen that Amesbury -- knowing he did not have the owner's consent -- took, operated, rode in or otherwise used a 2002 Buick Rendezvous.

April 25, 2018 - 3:52pm
posted by Billie Owens in Grand Jury, indictments, crime, news, notify, Le Roy, Darien, batavia, alexander.

Michelle A. Condidorio is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 2 in the Town of Alexander that Condidorio drove a 2013 Chevrolet on Telephone Road while intoxicated. In count two, she is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Jan. 20, 2011, in the City of Batavia, and that conviction was within 10 years of the crimes currently alleged.

Jeremy J. Schraufstetter is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Oct. 28 in the Town of Darien that Schraufstetter drove a 1984 Chevrolet on Broadway Road while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on March 19, 2008, in Village of Depew Court, and that conviction was within 10 years of the crimes currently alleged.

Michael J. Smith is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 2 in the Town of Le Roy that Smith drove a 2003 Chrysler on East Main Street while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Dec. 1, 2008, in the Town of Le Roy, and that conviction was within 10 years of the crimes currently alleged.

April 2, 2018 - 5:00pm
posted by Billie Owens in news, Darien, Le Roy, Grand Jury, crime, notify.

Robert R. Greiner III is indicted for the crime of second-degree assault, a Class D felony, for allegedly recklessly causing serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on June 3 in the Town of Darien. In count two, he is accused of second-degree vehicular assault, a Class E felony, for allegedly operating a 2015 Nissan on Route 77 while intoxicated on June 3 in Darien, causing serious physical injury to another person. In count three, he is accused of another instance of second-degree vehicular assault for having a BAC at the time of .08 or greater while operating the Nissan in a manner that caused serious physical injury to another person.

Alberto G. Santos is indicted for the crime of criminal possession of a weapon in the second degree, a Class C felony. It is alleged that on Feb. 4 in the Town of Le Roy that Santos possessed a loaded firearm -- a Sig Sauer Model SP2022. In count two, he is accused of criminal possession of stolen property in the fourth degree, a Class C felony, for allegedly knowingly possessing stolen property -- consisting of one or more firearms, rifles and shotguns.

Syjesman T. Brown is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Oct. 8 in the Town of Le Roy that Brown possessed the narcotic drug heroin with intent to sell it.

Leaha R. Wimmer is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Sept. 16 in the Town of Darien that Wimmer stole a Citizens Bank debit card. In count two, she is accused of the same crime involving a Bank of America Visa debit card on Sept. 19, also in Darien.

February 16, 2018 - 1:19pm
posted by Billie Owens in crime, Grand Jury, Attica, Le Roy, news, notify.

Leah R. Wimmer is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Sept. 17 at the Rite Aid store on Prospect Avenue in the Village of Attica, Genesee County, that she knowingly possessed stolen property -- a Visa debit card belonging to another person. In count two, she is accused of second-degree forgery, a Class D felony. It is alleged in count two that Wimmer falsely signed two debit/credit card receipts in the name of the victim, one for $186.95 and another for $105.95.

Beau T. Bressler is indicted for the crime of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a Class D felony. It is alleged that on Oct. 29 in the Town of Le Roy that Bressler drove a 2006 Pontiac on West Main Street (Route 5) while his ability to do so was impaired by the combined influence of drugs or  of alcohol and any drug or drugs. In count two, the defendant is accused of circumvention of an interlock device, a Class A misdemeanor. It is alleged in count two that on Oct. 29, while subject to a court-ordered ignition interlock device, Bressler drove the Pontiac, which was not equipped with an ignition interlock device. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while knowing or having reason to know that his driving privilege was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count three that Bressler was operating the vehicle while under the influence of alcohol or a drug at the time.

February 8, 2018 - 9:00am
posted by Billie Owens in crime, news, notify, batavia, Pavilion, Grand Jury.

Jaomi Delgado is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Dec. 20 in the City of Batavia that the defendant knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds or mixtures or substances containing a narcotic drug, cocaine, and these were of an aggregate weight of one-half ounce or more. In count three, Delgado is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony, for allegedly selling cocaine in the City of Batavia on Dec. 20.

Samuel R. Baudanza is accused of the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 22 in the Town of Pavilion that he knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it.

Isaac C. King is indicted for the crime of assault in the second degree, a Class D violent felony. It is alleged that on July 31, having been charged or convicted of a crime and while confined in a correctional facility -- the Genesee County Jail at 14 W. Main St., Batavia -- that he intentionally caused physical injury to another person. In count two, the District Attorney accused King of fourth-degree grand larceny and alleged that on that date he stole property from a person at the jail.

January 29, 2018 - 2:12pm
posted by Billie Owens in elba, Le Roy, Alabama, batavia, Grand Jury, crime, news, notify.

Michael S. Ryan is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Aug. 25 at the Premier Genesee Nursing Home on Bank Street in Batavia, he knowingly possessed stolen property -- a credit or debit card belonging to a client of the Le Roy Federal Credit Union.

Kevin G. Viehdeffer is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that he did not personally appear in Genesee County Court on the required date of March 27, or voluntarily within 30 days thereafter. It is alleged in the indictment that Viehdeffer was released from custody or allowed to remain at liberty upon the condition that he would subsequently appear in Genesee County Court.

Ryan P. Isham is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 10 in the Town of Elba that Isham drove a 2011 Chevrolet on Route 262 in Elba while intoxicated. In count two, the defendant is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more. In Special Information filed with the indictment by the District Attorney, Isham is accused of having been convicted of DWI as a misdemeanor on Nov. 15, 2015, in Cambria, Niagara County. That conviction is within 10 years of the crimes alleged in the current indictment.

Danielle N. Webster is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 6 in the Town of Alabama that Webster drove a 2005 Chevrolet on Bloomingdale Road while knowing, or having reason to know, that her driver's license or privilege to operate a motor vehicle was suspended in New York on Aug. 25 pending prosecution. It is further alleged that she was under the influence of alcohol or a drug at a time. In count two, the defendant is accused of driving while intoxicated as a misdemeanor. In count three, she is accused of failure to keep right. In count four, the defendant is accused of moving from lane unsafely. In count five, Webster is accused of moving across hazard lines on the roadway. In count six, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle.

January 2, 2018 - 9:00am
posted by Billie Owens in crime, Grand Jury, news, notify, Oakfield, batavia, Darien, Alabama.

Michael A. Shetler is indicted for crimes which allegedly occured in the Town of Oakfield in November. In count one, he is accused of third-degree assault, a Class A misdemeanor. It is alleged that on Nov. 4 Shetler intentionally caused physical injury to another person. In count two, he is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging the property of another person -- a cell phone -- on Nov. 4. In count three the defendant is accused of the crime of endangering the welfare of a child, another Class A misdemeanor. It is alleged in count three that on Nov. 5 Shetler knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count four, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly applying presuure on the throat or neck of a person "while in the kitchen near the door to the residence." In count five, Shetler is accused of criminal obstruction of breathing or blood circulation on a second occasion on Nov. 5. In count six, the defendant is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining a person on Nov. 5. In counts seven and eight, Shetler is accused of second-degree strangulation, a Class D violent felony. It is alleged in counts seven and eight, respectively, that on Nov. 7 Shetler intentionally impeded the normal breathing or blood circulation of another person by applying pressure to the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, and/or any other physical injury or impairment while in the bedroom and again while in the bathroom of the residence. In count nine, he is accused of another count of unlawful imprisonment in the second degree for allegedly restraining a person on Nov. 7. In count 10, this man is indicted on another count of third-degree assault for allegedly intentionally injuring a person on Nov. 7. In count 11, he is accused of criminal obstruction of breathing or blood circulation of a person on Nov. 11. In count 12, Shetler is accused of fourth-degree criminal mischief for a second time for allegedly intentionally damaging a person's cell phone on Nov. 11.

James J. Spivey is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Oct. 25 in the City of Batavia that Spivey forcibly stole property when he was aided by another person who was present. In count two, he is accused of attempted second-degree assault. It is alleged in count two that in the commission, or attempted commission of a felony -- second-degree robbery -- that he or another participant attempted to cause physical injury to a person not involved in the commission of the crime. In count three the defendant is accused of second-degree attempted assault. It is alleged in count three that on Nov. 28 in the City of Batavia that with intent to injure another person, he did so by means of a dangerous instrument -- his footwear.

Lionel J. Anderson Jr. / AKA "PJ" is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Nov. 28 in the City of Batavia that the defendant intentionally caused physical injury to another person by means of a dangerous instrument -- "a street curb and/or a belt."

Robert C. Paris is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 7 Paris drove a 2000 Chevrolet on Route 63 in the Town of Batavia while in an intoxicated condition. In Special Information filed by the District Attorney, Paris is accused of having been convicted of DWI as a misdemeanor on April 27, 2016 in Batavia City Court and that conviction was within 10 years of the commission of the crime alleged in this indictment.

Robert R. Greiner III is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 3 in the Town of Darien that Greiner drove a 2015 Nissan while intoxicated. In count two he is indicted on DWI, per se, as a misdemeanor for allegedly having a BAC of .08 percent or more at the time. In count three the defendant is accused of the crime of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged in count three that on June 3 in the Town of Darien that Greiner drove the Nissan knowing that he did not have the owner's consent to do so.

John R. Clee is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 15 in the Town of Alabama that he intended to defraud, deceive or injure another party by knowingly possessing a forged instrument -- a counterfeit $50 bill in U.S. currency.

December 9, 2017 - 2:53pm
posted by Billie Owens in Grand Jury, Stafford, crime.

Carlos M. Colon is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Aug. 18 in the Town of Stafford that Colon knowingly possessed stolen property with intent to benefit himself or a person other than an owner, or to impede the recovery by an owner, and the value of the property exceeded $100. The property in this case is a motor vehicle, a 2008 Honda Pilot.

In count two, the defendant is accused of third-degree criminal possession of stolen property, a Class D felony. It is alleged in count two that he knowlingly possessed stolen property that exceeded $3,000 in value -- the 2008 Honda Pilot.

In count three, Colon is accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged that on Aug. 18 in Stafford, that he drove the Honda Pilot.

In count four, he is accused of aggravated unlicensed operation in the third degree, a misdemeanor, for driving the Honda Pilot on Route 33 in Stafford while knowing, or having reason to know, that his driving privilege in New York was suspended or otherwise revoked by authorities.

December 8, 2017 - 4:02pm
posted by Billie Owens in news, notify, Grand Jury, batavia, Alabama.

Isaac D. Abrams is indicted for the crime of making a terrorist threat, a Class D felony. It is alleged that on Sept. 30 in the Town of Alabama that he acted with "intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, kidnapping, threatened to commit or caused to be committed specified offenses": assault on a police officer, assault in the first degree, and/or murder in the second degree, and thereby caused a reasonable expectation or fear of the imminent commission of such offenses. Abrams allegedly threatened several NYS troopers and Genesee County Sheriff's deputies with deadly violence by means of a firearm. In count two, the defendant is accused of resisting arrest, a Class A misdemeanor. In count three, Abrams is accused of trespass, a violation, for entering or remaining unlawfully in The Rez Smoke Shop and Gas Mart on Bloomingdale Road.

Tony R. Graber is indicted on four counts of falsifying business records in the first degree, each a Class E felony. It is alleged that Graber, with intent to defraud, made or caused false entries in the business records of an enterprise in the Town of Batavia -- Pawn King -- regarding the ownership of items on four different dates in 2016: on March 23, a Husky Wrench Set; on March 25, a Husky Model 20-piece Combination Wrench Set; on March 29, Milwaukee Drill Bits/Blades; and on April 2, a Craftsman Tap and Die Set. In addition, Graber is indicted on four counts of criminal possession of stolen property in the fifth degree, Class A misdemeanors. On the misdemeanors, Graber is said to have allegedly knowlingly possessed stolen property (the items cited previously) with intent to benefit himself or a person other than the owner or to impede recovery of the items by the owner.

Destin D. Rouse is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Jan. 10 in the Town of Batavia that Rouse stole property having a value in excess of $3,000. He is accused of stealing $4,209.76 worth of merchandise from Walmart.

Timothy M. Weinstein is indicted for the crime of aggravated family offense, a Class E felony. It is alleged that on April 7 in the City of Batavia that the defendant commited or attempted to commit second-degree criminal contempt against a person of the same family or household as the defendant: By being in the presence of the victim in violation of an order of protection. In counts two and three, he is accused of the same crime twice on April 29. In counts four and five, Weinstein is accused of the same crime on May 1 and May 2, respectively. In Special Information filed by the District Attorney, Weinstein is accused of having been convicted of third-degree assault, a Class A misdemeanor, on March 23 and this was against a member of the same family or household as the defendant and this was within five years previous to the crimes alleged in the indictment.

November 28, 2017 - 3:47pm
posted by Billie Owens in news, batavia, crime, Grand Jury, notify, Stafford, Darien, pembroke.

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

November 3, 2017 - 3:51pm
posted by Billie Owens in Grand Jury, crime, notify, Le Roy, alexander, batavia, news.

Jeffrey L. Barr is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Oct. 13 while at 4140 Veterans Memorial Drive in the Town of Batavia that Barr intended to commit the crime of second-degree murder. Specifically, he allegedly intended to cause the death of another person by stabbing the intended murder victim multiple times with a knife. In count two, Barr is accused of first-degree assault, another Class B violent felony. It is alleged in count two that Barr intended to cause serious physical injury to another person and caused such injury by means of a deadly weapon or dangerous instrument -- a knife.

Daniel L. Green is indicted for the crime of unlawful surveillance in the second degree, a Class E felony. It is alleged that on April 25 in the Town of Le Roy that Green -- for his own sexual arousal or gratification -- did intentionally use or install an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of a person at a time when she had a reasonable expectation of privacy. He allegedly did so without the person's knowlege or consent.

Kevin L. White is accused of the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 31 in the City of Batavia that White unlawfully possessed a narcotic drug with intent to sell it. In count two, he is accused of the crime of escape in the third degree, a Class A misdemeanor, for allegedly escaping from custody on May 31 in the city.

Marcos Cacho-Velaz is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Sept. 23 in the Town of Alexander that Cacho-Velaz drove a 2006 Chrysler north on Route 98 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 23, the defendant knew or had reason to know that his driving privilege was suspended, revoked or otherwise withdrawn by authorities and he was allegedly driving under the influence for alcohol or a drug at the time. In count three, he is accused of refusing to submit to a breath test requested by Sheriff's Sgt. Jason Saile. In count four, he is accused of failure to dim headlights. He allegedly failed to dim his headlights when a vehicle with headlamps was approaching ahead from within 500 feet, so that dazzling light interfered with the driver of the approaching vehicle when no exception to dim the lights was applicable. In count five, Cacho-Velaz is accused of consuming or possessing alcohol in a motor vehicle.

November 3, 2017 - 3:17pm
posted by Billie Owens in crime, batavia, news, Grand Jury, notify.

Phillip R. Chin is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Oct. 5 in the City of Batavia that Chin knowingly and unlawfully possessed a narcotic drug with intent to sell it.

In count two, he is accused of the same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug and these had an aggregate weight of a half ounce or more.

In count three, the defendant is accused of criminally possessing drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count three that Chin knowingly possessed or sold gelatin capsules, glassine envelopes, vials, capsules or other material suitable for packaging individual quantities of narcotic drugs or stimulants. Furthermore, it was allegedly known that these were intended to be used for unlawfully manufacturing, packaging or dispensing a narcotic drug or stimulant.

In count four, the defendant is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count four that Chin knowingly possessed scales or balances used or designed for the purpose of weighing or measuring controlled substances and these were intended to be used for unlawfully manufacturing, packaging or dispensing a narcotic drug or stimulant.

In count five, Chin is accused of second-degree forgery, a Class D felony. It is alleged in count five, that on Oct. 5 in the Town of Batavia, that Chin -- with the intent to defraud, deceive or injure another -- falsely made, completed or altered a written instrument. This instrument was purported to be a public record required or authorized by law: a two-page written statement given to an investigator with the New York State Police in the name of another person.

In count six, Chin is accused of second-degree forgery, also a Class D felony. It is alleged in count six that on Oct. 5 in the City of Batavia that Chin -- with the intent to defraud, deceive or injure another -- falsely made, completed or altered a written instrument. This instrument was purported to be a public record required or authorized by law: a Genesee County Jail booking card.

In counts seven through 17, Chin is accused of second-degree forgery, all Class D felonies, for his allegedly fraudulent completion of various Genesee County Jail paperwork.

In count 18, he is accused of offering a false instrument for filing in the first degree, a Class E felony, for providing a two-page written statement to an investigator with the New York State Police which contained false information.

In counts 19 through 30, this man is accused of offering false instruments for filing in the first degree, more Class E felonies, for putting false information in all of the allegedly forged paperwork.

(If you're counting, that's two misdemeanors and 28 felonies.)

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Contact: Howard Owens, publisher (howard (at) the batavian dot com); (585) 250-4118

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