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Grand Jury

April 27, 2017 - 2:09pm
posted by Billie Owens in crime, news, batavia, Grand Jury.

Glenn H. Quintern is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Nov. 5 Quintern knowingly entered or remained unlawfully within a dwelling on Central Avenue in the City of Batavia with the intent to commit a crime.

February 28, 2017 - 4:59pm
posted by Billie Owens in crime, news, batavia, Le Roy, Grand Jury.

Jonathan E. Seiger is indicted on 18 counts, 17 of which are Class E felonies and one is a Class A misdemeanor. In count one, he is accused of the crime of fourth-degree grand larceny, a Class E felony. It is alleged that between Aug. 5 and Nov. 15 in the Town of Le Roy, Seiger stole property -- U.S. currency -- with a value exceeding $1,000. In counts two through nine, the defendant is indicted for the crime of criminal possession of stolen property in the fourth degree for allegedly knowingly possessing stolen property with intent to benefit himself or a person other than the owner, or to impede the recovery of the property -- in this case, an ATM card -- by an owner of it. In counts 10 through 17, Seiger is accused of the crime of identity theft in the third degree. It is alleged in counts 10 through 17 that on various dates in August and in November, the defendant knowingly and with intent to defraud, Seiger assumed the identity of another person by presenting himself as that person, or by acting as that person by using personal identifying information of that person, and thereby obtained goods, money, property or services or used credit in the name of the person, causing financial loss to the person. In count 18, Seiger is accused of the misdemeanor crime of fifth-degree conspiracy for intentional conduct that constituted a felony to be performed, and he agreed with one or more people to engage in or cause the perfomance of such conduct.

Scott H. Spencer is indicted on 18 counts, 17 of which are Class E felonies and one is a Class A misdemeanor. In count one, he is accused of the crime of fourth-degree grand larceny, a Class E felony. It is alleged that between Aug. 5 and Nov. 15 in the Town of Le Roy, Spencer stole property -- U.S. currency -- with a value exceeding $1,000. In counts two through nine, the defendant is indicted for the crime of criminal possession of stolen property in the fourth degree for allegedly knowingly possessing stolen property with intent to benefit himself or a person other than the owner, or to impede the recovery of the property -- in this case, an ATM card -- by an owner of it. In counts 10 through 17, Spencer is accused of the crime of identity theft in the third degree. It is alleged in counts 10 through 17 that on various dates in August and in November, the defendant knowingly and with intent to defraud, Spencer assumed the identity of another person by presenting himself as that person, or by acting as that person by using personal identifying information of that person, and thereby obtained goods, money, property or services or used credit in the name of the person, causing financial loss to the person. In count 18, Spencer is accused of the misdemeanor crime of fifth-degree conspiracy for intentional conduct that constituted a felony to be performed, and he agreed with one or more people to engage in or cause the perfomance of such conduct.

Kayleigh J. Allen is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Nov. 26 in Town of Batavia that Allen drove a 2012 Chevrolet on Route 98 while in an intoxicated condition. In count two, she is accused of DWI, per se, as a Class E felony, for the same crime while having a BAC of .08 percent.

February 15, 2017 - 4:28pm
posted by Billie Owens in Grand Jury, news, crime, pembroke.

Amelia R. Witkowski is indicted on the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29, 2016, that Witkowski knowingly entered or remained unlawfully in a dwelling on Main Road in the Town of Pembroke with the intent to commit a crime. In count two, she is accused of the crime of making a punishable false written statement, a Class A misdemeanor. In count two, it is alleged that Witkowski knowingly made a false statement on Jan. 30, 2016, in the Town of Pembroke, which she did not believe to be true, in a legally authorized written instrument, which noted that false statements made therein are punishable.

Scott T. McCoy is indicted on the crime of criminal possession of marijuana in the second degree, a Class D felony. It is alleged that on July 27 in the Town of Pembroke that McCoy knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing marijuana and these were of an aggregate weight of more than 16 ounces (1 pound).

February 2, 2017 - 2:58pm
posted by Billie Owens in Grand Jury, batavia, news.

Kyle R. Shea is indicted for the crime of criminal sexual act in the first degree, a Class B violent felony. It is alleged that in June or July of 2015, at a residence on South Main Street in the City of Batavia, that Shea engaged in "anal sexual conduct with another person by forcible compulsion."

In count two, Shea is indicted for the crime of criminal sexual act in the third degree, a Class E felony. It is alleged in count two that, in the same time frame and place, Shea engaged in anal sexual conduct with another person without the person's consent, where such lack of consent was by reason of some factor other than incapacity to consent.

In count three, the defendant is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged in count three, in the same time frame and place, that Shea subjected another person to sexual contact by forcible compulsion.

December 29, 2016 - 4:05pm
posted by Billie Owens in crime, news, batavia, Grand Jury.

Antoine T. Clark (AKA "Mike") 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 June 29 in the Town of Batavia that Clark knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, Clark is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony. It is alleged that on June 29 in the Town of Batavia that the defendant knowingly and unlawfully sold a narcotic drug, cocaine.

December 27, 2016 - 2:11pm
posted by Billie Owens in crime, news, Grand Jury, Le Roy, Darien.

Christopher T. Walker Jr. 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 4 in the Town of Darien that Walker -- with knowledge that it was forged and with intent to defraud, deceive or injure another -- possessed a forged instrument, a counterfeit $20 dollar bill. In counts two through 10, Walker 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 the same date he possessed nine more counterfeit $20 dollar bills (a total of 10).

Chase J. Francis-Whipset 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 June 4 in the Town of Le Roy the defendant knowlingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, the defendant is accused of the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on the same date he knowingly and unlawfully possessed a controlled substance, cocaine, which weighed 500 milligrams or more. In count three, Francis-Whipset is indicted for the crime of aggravated unlicensed operation in the second degree, an unclassified misdemeanor, for allegedly operating a motor vehicle in the Town of Le Roy while knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities and at the time of operation he had in effect three or more suspension imposed on at least three separate dates for failure to answer, appear or pay a fine.

December 9, 2016 - 3:26pm
posted by Billie Owens in crime, news, Grand Jury, Le Roy, batavia.

Daniel J. Gilbert is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Gilbert knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Gilbert is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Gilbert or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marquis K. Saddler is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Saddler knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Saddler is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Saddler or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marlek E. Holmes is accused of the crime of criminal contempt in the second degree, a Class A misdemeanor. It is alleged that on June 23 at the Genesee County Courts Facility Holmes intentionally disobeyed or resisted the lawful process or other mandate of a court by violating an order of protection issued by Batavia City Court on Dec. 2, 2015. Holmes allegedly violated the portion of the order which directed him to refrain from communication or any other contact ny mail, telephone, email, voice-mail or other electronic, or any other, means with the protected person. In addition, he is alleged to have violated that portion of the order of protection which directed him to refrain from harassment or any other criminal offense against the protected party.

Tammy L. Strassner-Noble is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on June 18 in the Town of Le Roy, that Strassner-Noble operated a 2012 Cadillac on Main Street while knowing, or having reason to know, that her driver's license in New York was suspended, revoked or otherwise withdrawn. It is further alleged that the defendant was operating the vehicle while under the influence of alcohol or a drug. In count two, Strassner-Noble is accused of the crime of first-degree aggravated unlicensed operation on Main Street in the Town of Le Roy on April 6 and of operating the vehicle while under the influence of alcohol or a drug. In count three, she is accused of driving while intoxicated, as a misdemeanor, on June 18 on Main Street in Le Roy.

November 23, 2016 - 9:51am
posted by Howard B. Owens in crime, Grand Jury, batavia, elba, news.

James D. Pontillo is indicted on four counts of falsifying business records, 1st, and one count of grand larceny, 4th. Pontillo is accused of filing false business records with Pathstone related to Section 8 housing by filing a false information sheet, a request for tenancy approval, owner responsibility form and lead paint disclosure form. In the course of these filings, he's accused of defrauding the agency of more than $1,000.

Michael J. Jarmuz II, is indicted on a count of driving while impaired by drugs or alcohol, aggravated unlicensed operation, criminal impersonation, 2nd, four counts of forgery, 2nd, forgery, 3rd, and two counts of offering a false instrument for filing. Jamuz is accused of driving while under the influence in the Town of Elba on Aug. 13. He was allegedly driving while his privilege was suspended. He allegedly provided a false identity when stopped and provided a false identity when submitting to a blood sample, a fingerprint record and a patient record at UMMC.

October 3, 2016 - 2:12pm
posted by Billie Owens in crime, news, Alabama, batavia, Grand Jury.

Misty Dawn Souza, AKA Misty Dawn Smith, is indicted for the crime attemped second-degree robbery, a Class D violent felony. She is accused of going into the Smoke Rings Smoke Shop, located at 449 Shanks Road, in the Town of Alabama, on May 20 with the intent of forcibly stealing property, engaging in conduct which "tended to effect the commission of such crime," while aided by another person who was present. In count two, she is accused of the same and in the comission of the crime or the flight from it, causing physical injury to a person who was not a participant in the crime. In count three, she is accused of the same, while displaying what appeared to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm. In count four, she is accused of second-degree assault, a Class D violent felony, for intending to cause physical injury to another person, causing such injury to such person or to a third person by means of a dangerous instrument. In count five, she is accused of the same crime as in count four, and in the course of and futherance of the commission or attempted commission of a felony or the immediate flight thereafter causing phsical injury to a person other than one of the participants.

Patrick D. Neaverth is indicted for the crime of second-degree burglary, a Class C violent felony. He is accused of knowingly entering or remaining unlawfully in a house on Kingsbury Avenue in the City of Batavia on Aug. 13 with the intent to commit a crime therein. (In July, he was indicted for the same crime at the same location, which occurred in March.)

September 28, 2016 - 3:40pm
posted by Billie Owens in crime, news, Grand Jury, Oakfield.

Marlek E. Holmes, a convicted sex offender, is indicted for the crime of failure to register a change of address, a Class D felony. Holmes is accused of moving to 9 Gibson St. in the Town of Oakfield in March and failing to register his change of address with the NYS Division of Criminal Justice Services within 10 days as required by law. In Special Information filed in the indictment by District Attorney Lawrence Friedman, Holmes is accused of previously having been convicted of: (1) failing to report a change of address, a Class E felony, and (2) as a Level 3/Sexual Predator, failing to verify his address every 90 days, also a Class E felony, as required by law. The convictions were handed down on Dec. 5, 2011, in Genesee County Court.

September 16, 2016 - 2:06pm
posted by Billie Owens in crime, news, Grand Jury.

Julie L. Dutton was indicted Sept. 14 for the crime of fourth-degree grand larceny, a Class E felony. She is accused of stealing U.S. currency having a value in excess of $1,000 on April 21. 

August 13, 2016 - 1:43pm
posted by Billie Owens in Oakfield, news, Grand Jury, crime.

Josiah C. Yantz is indicted for the crime of third-degree rape, a Class E felony. It is alleged that on Oct. 15 in the Town of Oakfield, Yantz engaged in sexual intercourse with another person without such person's consent. This allegedly occurred "where such lack of consent was by reason of some factor other than incapacity to consent."

In count two of the indictment, Yantz is accused of the crime of sexual misconduct, a Class A misdemeanor. In count two, it is alleged that on Oct. 28, Yantz, while in the Town of Oakfield, engaged in sexual intercourse with another person without such person's consent.

July 6, 2016 - 2:46pm
posted by Billie Owens in crime, news, Grand Jury, batavia.

Patrick D. Neaverth is indicted for the crime of second-degree burglary, a Class C violent felony. On March 13, he allegedly knowlingly entered or remained unlawfully in a dwelling on Kingsbury Avenue in the City of Batavia with the intent to commit a crime. In count two, he is accused of third degree criminal mischief, a Class E felony, for intending to damage the property of another person and without having any right to do so allegedly damaged property, in this case a glass window to the front door of a residence, and the amount of damage exceeds $250. In count three, the defendant is accused of first degree criminal contempt, a Class E felony, for allegedly violating a duly served order of protection by intentionally or recklessly damaging the property of a protected person in an amount exceeding $250.

Triton A. Drock is indicted for the crime of failure to report a change of address within 10 days as required of a registered sex offender, a Class E felony. The convicted sex offender moved to 20 Buell St. in the City of Batavia then allegedly failed to register his new address with the state Dvision of Criminal Justice within the required 10 calendar days.

May 26, 2016 - 4:27pm
posted by Billie Owens in crime, Grand Jury, Le Roy, batavia.

Jeffrey W. Scott is indicted for the crime of criminal mischief in the second degree, a Class D felony. It is alleged that on Feb. 21 at 9280 Robbins Road in the Village of Le Roy, Scott, with intent to damage property of another person and having no right to do so, damaged the property of another person in an amount exceeding $1,000. He is accused of damaging the windshield, front passenger door, console, instrument panel and steering column of a 2004 Chevy Classic Malibu in the amount of about $1,874.48.

Michael J. Elmore is indicted for the crime of burglary in the second degree, a Class C violent felony. It is alleged that on Nov. 30 Elmore knowingly entered or remained unlawfully in a dwelling on Summit Street in the City of Batavia with the intent to commit a crime.

John K. Stone is indicted for the crime of driving while intoxicated, as a Class E felony. On Dec. 7 in the Town of Batavia, it is alleged that Stone drove a 2006 Honda Ridgeline on Route 5 and in the Batavia Mobile Home Park while intoxicated. In count two, he is accused of the crime of reckless driving, a misdemeanor, for allegedly operating the vehicle in a manner which unreasonably interfered with the free and proper use of a public highway. In this case, he allegedly drove at a high rate of speed, failed to yield to an emergency vehicle, operated with headlights, and nearly struck several pedestrians in the mobile home park. In Special Information filed by the District Attorney, Morris is accused of having been convicted of DWI, per se, on April 9, 2007, in County of Orleans Court and this conviction is within 10 years of the crimes alleged in the current indictment.

Adrian P. Morris is indicted for the crime of driving while intoxicated, as a Class E felony. On Feb. 5 in the Town of Le Roy, Morris allegedly drove a 2009 Ford on West Main Street while intoxicated. In count two, Morris is accused of driving while intoxicated per se, as a CLass E felony, for having a BAC of .08 percent or greater at the time. In Special Information filed by the District Attorney, Morris is accused of having been convicted of DWI, as a misdemeanor, on Feb. 2, 2010 in the Town of Greece, which is within 10 years of the crimes alleged in the current indictment.

April 15, 2016 - 2:02pm
posted by Billie Owens in Grand Jury, crime, news, Stafford, batavia.

Joseph M. Dispenza is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 17 in the Town of Batavia that Dispenza drove a 2006 Pontiac on Route 63 while in an intoxicated condition. In count two, he is accused of the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that he had a BAC of .18 percent at the time. 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 license was suspended, revoked or otherwise withdrawn by authorities, and doing so while under the influence of alcohol or a drug.

Cordell E. Libbett is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 4 in the Town of Stafford that Libbett drove a 2015 Dodge with Mississippi plates on Route 33 in the Town of Stafford while knowing, or having reason to know, that his license to operate a motor vehicle in this state was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he had in effect 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine. These are cited as having occurred in the following places on these dates: Dec. 25, 2008, Town of Wayland, Steuben County; Oct. 11, 2013, Town of Irondequoit, Monroe County; and in the City of Rochester, Monroe County, on Aug. 31 and Nov. 22, 2006; and Jan. 29. and March 19, 2007; Jan. 22, March 7, March 28, May 6, Sept. 27, Oct. 10, Oct. 18, and Nov. 20, 2008; April 24, June 26, Dec. 29, 2012; March 5, Oct. 1 and Dec. 3, 2013; and March 19, 2014.

February 22, 2016 - 3:23pm
posted by Billie Owens in crime, pembroke, Grand Jury, news.

Jonathan D. Knauss is indicted for the crime of third-degree burglary. It is alleged that between August 2014 and June 2015 Knauss knowingly entered or unlawfully remained inside a building in the Town of Pembroke with the intent to commit a crime. In count two, the defendant is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property, in this case brass, valued in excess of $3,000. In count three, Knauss is accused of criminal possession of stolen property, 3rd, a Class D felony, for allegedly knowingly possessing stolen property with the intent to benefit himself or someone other than the owner, or to impede the recovery by an owner of the property, when the value of that property was more than $3,000.

December 10, 2015 - 11:26am
posted by Howard B. Owens in crime, Le Roy, Grand Jury, Kyle Johnson.
120mug_kylejohnson.jpg
    Kyle Johnson

In addition to the murder, burglary and arson charges Kyle G. Johnson is facing following his arrest Dec. 1 in the shooting death on Selden Road, Le Roy, of Norman D. "Don" Ball, the defendant has been indicted by the Grand Jury on two counts of attempted murder.

Johnson is accused of attmepting to kill Le Roy Police Officer Ryan Young and Le Roy Fire Chief Tim Hogle when they arrived at his residence on Selden Road for the report of a house fire at 4:15 a.m.

Johnson, who is being held in the Genesee County Jail without bail, was originally arrested on a charge of reckless endangerment for allegedly firing his shotgun at the two men.

The eight-count indictment against Johnson begins with the murder in the second degree counts for the shooting death of Ball. Johnson allegedly entered Ball's home through an unlocked back door at 3:350 a.m., Dec. 1, went into his bedroom and shot Ball in the head while he slept. 

Johnson then allegedly returned to his residence and set his house on fire.

The counts against Johnson are:

  • Murder in the second degree, a Class A-1 violent felony, for the alleged murder of Ball;
  • Murder in the second degree, a Class A-1 violent felony, for allegedly entering Ball's house (burglary) and shooting him; 
  • Arson in the third degree, a Class C felony, for allegedly starting a fire at 7324 Seldon Road;
  • Burglary in the first degree, a Class B felony, for allegedly entering 7421 Selden Road, the home of Ball, with the intent to cause physical injury to another person;
  • Burglary in the first degree, a Class B felony, for allegedly entering the residence of Ball with the intent to use a dangerous instrument;
  • Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, officer Ryan Young, while knowing or should have reasonably known, Young was a police officer;
  • Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, Timothy Hogle, while knowing or should have reasonably known Hogle was a first responder responding to an emergency call.

For previous coverage, click here.

Also indicted by this Grand Jury:

Marcus C. Kazmierczak, is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kazmierczak is accused of driving drunk July 11, in the Town of Darien, while having a prior DWI conviction within the previous 10 years.

December 5, 2015 - 2:17pm
posted by Billie Owens in Grand Jury, crime, Darien, batavia, pembroke.

Amy M. Carpenter is accused of the crime of driving while intoxicated, as a Class E felony. On Oct. 18, it is alleged Carpenter drove a 2002 Dodge on Willow Street and State Street in the City of Batavia while intoxicated. In count two of the indictment, she is accused of aggravated unlicensed operation in the first degree for operating a motor vehicle while she allegedly knew, or had reason to know, that her driver's license was suspended, revoked or otherwise withdrawn by authorities and did so while allegedly intoxicated. Also, Genesee County District Attorney Lawrence Friedman has filed Special Information, accusing Carpenter of having been convicted of felony DWI previously, on Jan. 27, 2008, and therefore alleging she had knew or had reason to know her driving privilege was suspended or revoked as a result of this conviction.

Daniel J. Vanderjagt is accused of the crime of driving while intoxicated, as a Class E felony. On Aug. 8 in the Town of Darien, it is alleged that Vanderjagt drove a 2014 Ford on Main Park Road while intoxicated. In count two of the indictment, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Frank L. Schiavi is accused of the crime of criminal possession of a controlled substance in the second degree, a Class A-II felony. It is alleged that on May 7 in the City of Batavia, Schiavi knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic drug, in this case, cocaine, and that these had an aggregate weight of four ounces or more.

Morgan R. Todd is accused of the crime of driving while intoxicated, as a Class E felony. On June 6, it is alleged that Todd drove a 2011 Volkswagen on Interstate 90 in the Town of Pembroke while intoxicated.

John W. Walsh is accused of the crime of criminal mischief in the third degree, a Class E felony. It is alleged that on Sept. 6, having no right to do so nor any reasonable grounds to believe he had such right, he intentionally damaged property of another person in an amount exceeding $250 on Oak Street in the City of Batavia.

November 7, 2015 - 12:54pm
posted by Billie Owens in crime, batavia, byron, Grand Jury.

Brodes J. Gibson is accused of the crime of aggravated unlicensed operation of a vehicle in the first degree, a Class E felony. It is alleged that on Oct. 11 in the City of Batavia, Gibson drove a 2008 Cadillac on Main Street while knowing, or having reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities. Furthermore, Gibson was allegedly under the influence or alcohol or a drug at the time. In count two, he is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license while having three or more suspensions in effect on at least three separate dates -- for failure to answer, appear or pay a fine -- and while under being under the influence. In count three, he is accused of driving while intoxicated as a misdemeanor for driving on Main Street, and the parking lots and driveways of the Batavia Gardens apartments on East Main Street, while he was under the influence. In count four, Gibson is accused of the crime of reckless driving as a misdemeanor for operating the Cadillac in a manner which "interfered with the free and proper use" of Main Street. In count five, he is accused of unlawfully fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. Knowing he had been stopped by police, he then allegedly attempted to flee by driving at speeds which equaled or exceeded 25 mph above the speed limit or engaged in reckless driving. In count six, Gibson 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 a child less than 17; one or more children were present in the courtyard vicinity of the playground at the Batavia Garden apartments at the time he allegedly drove through the courtyard area.

Colton A. Cole is accused of the crime of driving while intoxicted as a Class E felony. On June 20 in the Town of Byron, it is alleged that Cole drove a 2009 Chevrolet on Townline Road while intoxicated. In count two, he is accused of aggravated driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time.

Nimora C. Chong is accused of the crime of grand larceny in the fourth degree, a Class E felony. It is alleged that on Sept. 25 in the Town of Batavia, Chong stole property having a value in excess of $1,000. Chong is accused of stealing $2,650.52 worth of merchandise.

October 9, 2015 - 1:23pm
posted by Billie Owens in crime, Grand Jury, Le Roy, batavia.

Eugene L Sumeriski is indicted for the crime of driving while intoxicated as a Class E felony. On Sept. 19 in the City of Batavia, Sumeriski allegedly drove a 2010 Kia while in an intoxicated condition. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, and having a BAC of .08 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 that day in an allegedly intoxicated condition while knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities. In Special Information accompanying this indictment, Sumeriski is accused of having been convicted of felony driving while intoxicated, per se, on Aug. 11, 2006, in Erie County. The conviction forms the basis for the suspension or revocation referred to in count three and together with an earlier revocation on Sept. 15, 2005, which was the basis for an earlier DWI conviction, indicates that Sumeriski knew or had reason to know of the prior convictions and that his driver's license was suspended or revoked as a result and that the suspension or revocation was still in effect.

Guru Kadel is indicted for the crime of driving while intoxicated, as a misdemeanor. He is accused of driving a 2010 Honda on the Thruway in Le Roy in an intoxicated condition on April 28. In count two, he is accused of the crime of aggravated unlicensed operation in the first degree for driving a vehicle while knowing or having reason to know that his driver's license was suspended pending prosecution on April 20, 2014, and at the time he was under the influence of alcohol or a drug.

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