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August 3, 2020 - 3:51pm

Grand Jury report: Man age 21 or older accused of predatory sexual assault against a child less than 13

posted by Billie Owens in Grand Jury, crime, news, batavia, notify, alexander, Le Roy, elba.

Nelson E. Figueroa Jr. is indicted for the crime of predatory sexual assault against a child, a Class A-II felony. It is alleged that on May 1 in the City of Batavia, the defendant -- who is 18 or older -- committed the crime of criminal sexual act in the first degree by engaging in oral sexual conduct with another person who was less that 13 years old. In count two, he is accused of the same crime. It is alleged that from Jan. 1 through April 30, he committed the crime of course of sexual conduct against a child in the first degree by engaging in two or more acts of sexual conduct, which included at least one act of oral sexual conduct with a child under age 13, over a period of time not less that three months in duration. In count three, Figueroa is accused of the crime of first-degree sexual abuse, a Class D violent felony. It is alleged in count three that on May 1 Figueroa was age 21 or older and subjected a person less than 13 years old to sexual contact. In count four, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count four that Figueroa, from Jan. 1 through April 30, knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Daniel J. Wolfe is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 18 on Liberty Street in Batavia that he violated an order of protection by threatening to punch the protected party. In count two, he is accused of the same crime for allegedly punching the victim. In count three, he is accused of the same crime for allegedly threatening serious physical injury or death by displaying a dangerous instrument -- a sword. In count four, he is accused of second-degree harassment. It is alleged in count four that on Nov. 18 he intentionally harassed, annoyed or alarmed another person by striking, shoving, kicking or subjecting a person to physical contact, or attempting or threatening to do so. In count five, he is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death -- or attempting to do so -- by displaying a dangerous instrument -- a sword. In count six, Wolfe is accused of the crime of menacing a police officer, a Class D violent felony, for allegedly intentionally placing or attempting to place a police officer in reasonable fear of physical injury, serious physical injury or death by displaying a knife when the officer was performing official duties. In count seven, Wolfe is accused of the same crime as in count six but is accused of displaying a BB rifle. In counts eight, nine and 10, Wolfe is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in counts eight, nine and 10, respectively, that on Nov. 19 on Liberty Street in Batavia that he possessed dangerous instruments -- a knife, a samurai sword, and a BB rifle, with intent to use them unlawfully against a person. In count 10, Wolfe is accused of the crime of attempted killing of a police work dog, a Class E felony. It is alleged in count 10, that on Nov. 19, Wolfe attempted to kill Genesee County Sheriff's Office K-9 Frankie by swinging a knife at K-9 Frankie. In count 12, the defendant is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging property belonging to another person in the City of Batavia; he is accused of breaking two windows. In Special Information filed by the District Attorney, Wolfe is accused of having been convicted of petit larceny, a Class A misdemeanor, on Feb. 20, 2014 in the City of Batavia Court and that conviction forms the basis for elevating counts eight, nine and 10 in the current indictment to criminal possession of a weapon in the third degree -- class D felonies.

William T. Hughes is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Feb. 25 at an address on South Spruce Street in the City of Batavia, Hughes violated an order of protection issued in February by striking, kicking or shoving a victim protected by the order, or he attempted or threatened to do so. In count two, Hughes is accused of first-degree criminal contempt, also a Class E felony, for placing a person with an order of protection against him in reasonable fear of death, imminent serious physical injury or physical injury. In count three, Hughes is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count three that the defendant intended to impede normal breathing or blood circulation of the victim by applying pressure on their throat or neck. In count four, Hughes is accused of second-degree criminal contempt, also a Class A misdemeanor, for allegedly intentionally disobeying a mandate of the court in violation of an order of protection by telephoning the victim July 20. In count five, Hughes is accused of a second count of second-degree criminal contempt for allegedly phoning the victim in February in violation of an order of protection. In count six, the defendant is accused of a second count of first-degree criminal contempt for violating an order of protection by failing to stay away from the protected person as required by the court.

Franklin D. Cook is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Jan. 8 in the Town of Elba, Cook intentionally disobeyed a family offense stay away order of protection by being in the presence of the protected party. In count two, Cook is accused of the same crime on March 27. In count three, the defendant is accused of the same crime for a third time for allegedly harassing, annoying, threatening or alarming the protected party and subjecting the person to physical contact. In count four, Cook is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly appying pressure on the throat or neck of the victim. In Special Information filed by the District Attorney, Cook is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Dec. 19 in Town of Elba Court and that conviction is within five years of the crimes alleged in the current indictment.

Roy L. Watson 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 May 4 in the City of Batavia that Watson 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, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures of substances containing cocaine, and these had an aggregate weight of an eighth of an ounce or more.

David J. Reschke is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged in counts one through six that on Nov. 30 in the Town of Le Roy that Reschke stole, respectively per count: a Syrchony credit card; a Citi Simplicity credit card; a Chase credit card; Discover Business credit card; a Le Roy Sports Boosters debit card; and a Five Star Bank debit card. In count seven, the defendant is accused of a seventh count of fourth-degree grand larceny for allegedly stealing property having a value exceeding $1,000, in this case about $2,400 in U.S. currency. In count eight, he is accused of the crime of petit larceny, a Class A misdemeanor, for allegedly stealing a purse and its contents that day in the Town of Le Roy.

Judd A. Farewell is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that sometime between the late evening hours of Jan. 16 and the early morning hours of Jan. 17, that Farewell knowingly and unlawfully entered a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, Farewell is accused of second-degree criminal mischief. It is alleged in count two that he intentionally damaged the property of another person in an amount exceeding $1,500. The property consisted of various copper piping and a valve on a boiler system on Lake Street in the Town of Le Roy. In count three, Farewell is accused of petit larceny, a Class A misdemeanor, for allegedly stealing an Xbox, Xbox controller and 15 Xbox games. In count four, he is again accused of petit larceny for allegedly stealing two blue totes containing miscellaneous tools.

Mark R. Ogee is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Feb. 24 in the Village of Le Roy, that Ogee drove a 2001 Chevrolet on state routes 5 and 19 while in an intoxicated condition. In count two, Ogee is accused of DWI, per se, also a Class E felony, for allegedly having a BAC of .08 percent at the time, as shown by a chemical breath analysis. In count three, Ogee is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for knowing or having reason to know that his driver's license was revoked by authorities in New York at the time of this incident and while he was under the influence of alcohol or a drug. In Special Information filed by the District Attorney, Ogee is accused of having been convicted of DWI, as a misdemeanor, on Oct. 15, 2018 in Town of Caledonia Court. The conviction forms the basis of count three in the current indictment.

Joshua L. Baltz is indicted for the crime of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony. it is alleged that on May 23 in the Town of Alexander, that Baltz drove a 2019 Ford on Route 98 while knowing or having reason to know that his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count two, Baltz is accused of driving while ability impaired by drugs at the time. In Special Information filed by the District Attorney, Baltz is accused of having been convicted of DWI on March 3, 2008 in Town of Warsaw Court and that conviction forms the basis for the suspension or revocation referred to in count one. Furthermore, the District Attorney states that Baltz knew of the prior conviction and that his suspension or revocation was still in effect.

James J. Bartosik Jr. is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 15 that Bartosik drove a 2005 Dodge on the Genesee County Fairgrounds parking lot while he was intoxicated. In Special Information filed by the District Attorney, Bartosik is accused of having been convicted of DWI, per se, as a felony, on Nov. 24, 2014 in Orleans County Court. The conviction was within 10 years of the crime alleged in the current indictment.

David Vega is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 8 in the City of Batavia, that Vega drove a 2008 Chevrolet on Clinton Street while his driver's license was suspended or revoked. It is further alleged that he had 10 or more suspensions (14) imposed on at least 10 separate dates for failure to answer, appear in court or pay a fine: June 12, 1996 in the City of Canandaigua, Ontario County; March 10, 2009 in the Town of Ontario, Wayne County; April 14, May 19, June 2, July 28, Aug. 22, 2015, Rochester Administrative Adjudication Bureau, Monroe County; June 7 and July 8, 2015, Town of Gates, Monroe County; Nov. 18, 2015, Town of Irondequoit, Monroe County; Dec. 19, Dec. 25, 2015 and Feb. 11, 2016, and Aug. 5, 2018 -- City of Rochester, Monroe County.

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