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Law and Order: Holley man accused of raping woman too intoxicated to give consent

By Billie Owens

Juan M. Mendez, 20, of Holley, no address provided, is charged with first-degree rape -- sexual intercourse with another person who is incapable of consent by reason of being physically helpless. It is alleged that at midnight on Sept. 4 on Batavia Stafford Townline Road, in Batavia, that Mendez had sexual intercourse with a female who was incapable of consent due to her level of intoxication, rendering her helpless. He was put in Genesee County Jail following his arrest and arraignment and his bail was set at $2,500 cash or $10,000 bond. Mendez is due in Town of Batavia Court on Jan. 28. The case was investigated by Genesee County Sheriff's Office Investigator Joseph Loftus.

William Richard Kapelke, 38, is charged with endangering the welfare of a child and criminal obstruction of breathing. On Dec. 31, he was arrested after the investigation of a domestic incident that occurred at 8 a.m. on West Main Street Road in the Town of Batavia. It is alleged that Kapelke choked a female durihg a verbal and physical altercation, and that this occurred in the presence of the victim's child, who is under the age of 17. He was arraigned in Genesee County Court and released on his own recognizance. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Mathew Clor.

Dylan S. Pehrson, 18, of Franklin Street, Batavia, is charged with: criminal mischief in the fourth degree; criminal mischief in the second degree; grand larceny in the fourth degree; and third-degree robbery. The arrest follows a domestic incident that occurred at 3:06 p.m. Dec. 20 on Franklin Street. It is alleged that the defendant forcibly took items from the victim and broke property at the residence. After arraignment in Batavia City Court, Pehrson was released on their own recognizance and is due back in city court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Joanne K. Harper, 56, of Pavilion, no address provided, is charged with: failure to keep right; driving while ability impaired by drugs; and driving while ability impaired by a combination of drugs and alcohol. At 3:27 p.m. on Dec. 20, the Wyoming County Sheriff's Office Emergency Dispatch Center received a report of a two-car head-on collision with injury on Old State Road near Silver Lake Road in the Town of Covington. It was also reported that one of the drivers was trapped and could not get out of the vehicle. Responding deputies observed two vehicles that had collided on the north shoulder of the westbound lane on a blind curve. Deputies freed the entrapped driver and both drivers were medically evaluated by Perry and Monroe ambulance medics. The eastbound vehicle appeared to have swerved into the westbound lane, causing the head-on collision. The driver of the eastbound vehicle, Harper, was given field sobriety testing and arrested. She was taken to Attica Police Department for evaluation by the NYS certified Drug Recognition Expert, who reported that she was allegedly under the influence of multiple drugs and could not operate a vehicle safely. Harper is due in Town of Covington at a later date. The case was handled by Wyoming County Sheriff's Deputy Austin Harding.

Morgan Elizabeth Rector, 21, of Pickthorn Drive, Batavia, is charged with fourth-degree criminal mischief. She was arrested after an investigation into a domestic incident that occurred on Pickthorn Drive at 2:53 p.m on Dec. 27. It is alleged that she damaged property. Following her arrest, she was released on an appearance ticket to be in Batavia City Court on Feb. 23. The case was handled by Bataiva Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Cassandra M. D'arconte, 22, of North Street, Batavia, is charged with second-degree harassment and criminal contempt in the first degree. She was arrested on Dec. 23 after the investigation of a domestic incident that occurred at 4:31 p.m. that day on North Street. It is alleged that she violated an order of protection that was issued the same day. She was arraigned in Batavia City Court and released under supervision of Genesee Juctice. D'arconte is due back in city court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Taylor M. Peyman, 29, of Ellicott Street Road, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; unsafe backing; aggravated unlicensed operation in the third degree; and DWI -- common law. On Dec. 19, Peyman was arrested after an investigation into an accident that occurred at 8:20 p.m. in the area of Jackson Square. Peyman was released with appearance tickets and is due in Batavia City Court on March 3. The case was handled by Batavia Police Officer Samuel Freeman.

Tammy Rene Daigler was arrested at 3:55 a.m. on Jan. 1 on Wiard Street in the City of Batavia for driving while intoxicated -- first offense. She was stopped for a vehicle and traffic law violation and, following an investigation, allegedly found to be impaired by alcohol and to have a suspended driver's license. She is due in Batavia City Court on Jan. 13. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy James Stack and City of Batavia Police.

Michael Shane Lytle, 31, of State Street, Batavia, is charged with criminal possession of a weapon in the third degree -- with a previous conviction, and unlawfully selling fireworks with a value of $500 or more. He was arrested at 12:03 p.m. on Dec. 21 on State Street after an investigation by Genesee County Probation Department and city police. It is alleged that he possessed an illegal metal knuckle knife and more than $500 worth of illegal fireworks. He was arraigned in Genesee County Jail virtually by Batavia City Court and released inder supervision of Genesee Justice. Lytle is due to return to city court on Feb. 18. The case was handled by Batavia Police Officer Austin Hedges.

Casey Thomas Vaughn, 31, of Prune Street, Batavia, is charged with petit larceny. Vaughn was arrested on Dec. 28 after an investigation into a larceny that occurred Dec. 20 at 5:08 p.m. at the Mobile Gas Station on East Main Street in Batavia. It is alleged the defendant stole products from the convenience store. He was issued an appearance ticket and is due in Batavia City Court on Feb. 23. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Sean Wilson.

Richard J. Burdick, 42, of Central Avenue, Batavia, is charged with petit larceny. He was arrested on Dec. 26 after allegedly stealing a shipping cart full of goods from Tops Market in Batavia at 10:29 a.m. He was processed on scene and released with an appearance ticket for Batavia City Court on Feb. 16. The case was handled by Batavia Police Officer Mitchell Cowen

Robert C. Strollo, 60, of Bethany Center Road, East Bethany, was arrested by Batavia Police Officer Peter Post after Strollo turned himself in on a bench warrant for petit larceny out of Batavia City Court.

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