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Police Beat: Man accused of attacking his brother

By Howard B. Owens

Michael P. Murphy, 24, of 38 Columbia Ave., Batavia, is charged with assault in the third degree and harassment. Murphy is accused of entering his brother's residence and pulling him out of bed and punching him in the back of the head. He allegedly pulled his arm in such a way as to injure his brother. Murphy's brother was treated at UMMC and released. Murphy was held on $2,500 bail.

David R. Gross, 19, of 7421 Seldon Road, Le Roy and two teen-agers also from Le Roy have been charged with petit larceny and possession of alcohol under 21. The trio allegedly stole alcohol from Tops.

Susan M. Shell, 28, of 2226 12th Place, Washington, D.C., is charged with DWI, driving with a BAC of .08 or greater and improper tail light. Shell was reportedly stopped on East Main Street by Officer Dan Coffey on Saturday at 12:53 a.m. for the alleged broken tail-light.

John W. Szabo, 54, of 9233 Main St., Lot 50, Clarence, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle and failure to notify DMV of a change of address. Deputy James Diehl responded to a "check the welfare" for a car parked on Route 77 in Alabama. Diehl reportedly found Szabo in his car allegedly intoxicated and with an open container.

John D. Baudhuin, 28, of 92 Marks Place, Apt. 3E, Staten Island, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Baudhuin was stopped by Deputy Patrick Reeves on Route 33 in Pembroke for an alleged traffic violation and found to allegedly be driving drunk.

Joseph Isadore Brenon, 58, of 349 Wright Road, Alabama, is charged with menacing in the third degree. Brenon allegedly verbally threatened a person.

Jacquelyn M. Siverling, 28, of 3747 S. Main St. Road, Batavia, is charged with DWI, driving with a BAC of .08, a speed-zone violation and failure to keep right. Siverling was reportedly spotted driving 51 mph on West Main Street by Officer Darryle Streeter on Wednesday. Her vehicle was pulled over in the parking lot of Billy Goats.

Brian A. Merritt, 35, of Alexander, has been arrested by State Police and charged with unlawful imprisonment and criminal contempt. The alleged incident was reported at 12:10 a.m. Sunday. No further details were released.

George Richardson

That first one is a Cain and Abel thing. Any sane Judge would throw this one in the waste basket. His brother will drop the charges anyway, because no brother punches his brother in the back of the head without good reason. I have five brothers and I've never done that, although punches were thrown from time to time.

Nov 30, 2009, 12:39pm Permalink
George Richardson

"is charged with DWI,..for a car parked on Route 77 in Alabama."
Was he parked ON Route 77? Or, on the shoulder of the road? His attorney will want to know. He is guilty of the open container law, no doubt, unless they were empty and dry. Recycling is the law in NYS.

Nov 30, 2009, 12:54pm Permalink
Jim Burns

If you are alone, the engine is warm, you are not near a residence or public house they will assume you drove yourself there drunk, guilty until proven innocent. Many states have laws that even if you are in the cars back seat with keys and parked it is a DWI all you need is “to be in position to be in control of the vehicle” I was on a jury in Illinois where a man was convicted of DUI. He was parked, with an open container in front of his house. ….. problem was he lived on a busy 4 lane street and was parked in the left lane of traffic. As a jury we thought the law sucked and had he not been in a busy traffic lane and parked at the curb instead he would not have been convicted.

Nov 30, 2009, 2:45pm Permalink

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