Darien

Two men from Lockport have been arrested and charged with 11 counts of burglary in the third degree.

The men are accused of entering eleven cabins at Darien Lake Theme Park sometime during the fall and stealing 11 HDTVs.

The park was closed for the season at the time.

Arrested and released on their own recognizance were Robert Wakefield Hughes, 26, of Cottage Road, Lockport, and Ryan James Kaufman, 23, of East High Street, Lockport.

Hughes and Kaufman were taken into custody by Investigator William Ferrando.

A motor vehicle accident with injuries is reported in the area of 1987 Chick Road in Darien.

A caller to dispatch reports "it's bad."

Vehicle is reportedly smoking and the caller is concerned about getting near it. There are people in the vehicle.

Darien fire and ambulance and Mercy EMS dispatched.

Deputy arriving on scene says "it looked like it rolled."

It may have hit a building.

Mercy Flight on ground standby. One person out of vehicle and walking but not responding appropriately.

UPDATE 6:56 p.m.: Only one occupant, and the person is out of the vehicle. The vehicle is not on fire.

UPDATE 7 p.m.: Mercy Flight still on ground standby. One Mercy response cancelled, another continuing.

UPDATE 7:02 p.m.: Mercy Flight dispatched to a landing zone on Griswold Road, Darien.

UPDATE 7:06 p.m.: Ten minute ETA for Mercy Flight.

UPDATE 7:19 p.m.: Mercy Flight on the ground.

UPDATE 7:08 p.m.: Updated ETA of five or six minutes for Mercy Flight.

UPDATE 8:34 p.m.: Darien fire is clearing the scene.

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Firefighters from Alexander, Bethany and Darien are requested to stand by in their halls in case they are needed to provide mutual aid to the Attica Fire Department.

UPDATE 12:13 p.m.: Per Attica, all three fire departments are put back in service.

Craig Daniel Martin, 27, of Morton Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, possession of a controlled substance not in its original container, aggravated unlicensed operation, 2nd, and unlicensed operation. Martin was stopped on Jackson Street, Batavia, at 1:09 a.m. Saturday by Deputy Patrick Reeves for alleged traffic violations. Martin was allegedly found in possession of two types of controlled substances and a quantity of marijuana concealed in his vehicle.

Brittany Megan Hart, 24, of Warsaw Road, Le Roy, is charged with criminal possession of a controlled substance and possession of a hypodermic instrument. Hart was charged following a traffic stop for alleged violations at 11 p.m. Sunday on Jackson Street, Batavia, by Deputy Brad Mazur.

Daniel John Hickey, 33, of Sherwood Drive, Brockport, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hickey was stopped at 1:22 a.m., Saturday on Route 262 in Elba by Deputy James Diehl.

Nicholas Keith Thorne, 23, of Osborne Road, Mt. Sterling, is charged with criminal mischief, 2nd. Thorne allegedly smashed a glass door and window at the Econo Lodge on Route 77, Corfu. Thorne was jailed on an unspecified amount of bail.

Dennis P. Schroeder, 54, of Cotton Hill Road, Attica, is charged with DWI, driving with a BAC of .08 or greater and inadequate exhaust. Schroeder was stopped at 7:40 p.m. Dec. 15 on Tinkhem Road, Darien, by Deputy Jason Saile.

Nicholas M. Worrells, 24, of 10253 Roosevelt Highway, Lyndonville, is charged with criminal contempt. Worrells was allegedly found hiding under the rear deck of a residence on East Main Street, Le Roy, after police responded to a report of a disturbance. Worrells was allegedly with a person at the residence in violation of a complete stay-away order. Worrells was jailed on $5,000 bail.

Dayton G. Schultz, 52, Maltby Road, Oakfield, is charged with DWI, driving with a BAC of. 08 or greater and driving left of pavement markings. Schultz was stopped at 10:35 p.m. Friday on Route 262, Elba, by Sgt. Greg Walker.

Eric Matthew Kingsley, 24, of Perry Road, is charged with DWI, driving with a BAC of .08 or greater and illegal parking on a highway. Kingsley was arrested by Deputy Jason Saile following a report of a vehicle fire at 4:48 a.m., Saturday, on Ellicott Street Road, Bethany.

Jeremy John Haynes, 35, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and speeding. Haynes was stopped at 11:27 p.m. Friday on East Main Street, Le Roy, by Deputy Eric Seppala.

Brent Michael Semmier, 36, of Cypress Street, Rochester, is charged with felony DWI, speeding (90 in 55 mph zone), alcohol consumption in a motor vehicle and improper right turn. Semmier was stopped at 4:29 p.m. Sunday on Route 19, Le Roy, by Deputy Brad Mazur.

Nedal Abdul Mansour, 48, of Jay Street, Rochester, is charged with possession and transport of more than 10,000 untaxed cigarettes, aggravated unlicensed operation, 3rd, unlicensed operator, failure to keep right and moving from lane unsafely. Mansour was stopped for alleged traffic infractions at 10:51 p.m. Tuesday on Route 77 in Pembroke by Deputy Patrick Reeves. Mansour was allegedly found in possession of 15,650 untaxed cigarettes.

Ajayc Kweese George, 18, of St. Marks Avenue, New York City, is charged with trespass. George was reportedly told on Dec. 10 not to return to College Village property and allegedly did return at 10:03 p.m., Tuesday.

Marion G. DeFelice, 55, of Bernd Road, Pavilion, is charged with DWI, refusal to take breath test, unlicensed operation and failure to keep right. DeFelice was stopped at 7 p.m. Tuesday on Route 33, Town of Batavia, by Deputy Tim Wescott.

Earl Shateek-Anthony Lockhart, 19, of East Main Street, Batavia, is charged with petit larceny and harassment, 2nd. Lockhart is accused of shoplifting $85.86 from Walmart. Lockhart allegedly pushed a loss prevention officer who attempted to apprehend him and then ran out of the store. Lockhart was located a short time later by a Sheriff's deputy.

Jessica Lynn Barber, 26, of 647 Lapp Road, Alden, is charged with DWI, driving left of pavement markings in a no-passing zone and unlawful possession of marijuana. Barber was stopped at 12:36 a.m. Tuesday on County Line Road, Darien, by Deputy Patrick Reeve.

Jonathan Robert Hyman, 39, of Rose Road, Batavia, is charged with trespass. Hyman was allegedly found on a property on Rose Road without permission at 11:04 p.m., Dec. 9, looking in a window to a residence.

Brandon Cody McCoy, 20, of Angling Road, Corfu, is charged with harassment, 2nd. McCoy is accused of pushing another male during a domestic incident at 8:28 p.m., Monday.

George Franklin Culp, 24, of Fargo Road, Corfu, is charged with DWI, unlicensed operation, moving from lane unsafely and consumption of alcohol in a motor vehicle. Culp was reportedly involved in a motor-vehicle accident at 12:03 a.m. Sunday on Fargo Road, Corfu. The investigation was conducted by Deputy Eric Seppala.

Jessie Marie Cramer, 26, of West Main Street Road, Batavia, is charged with petit larceny. Cramer is accused of shoplifting $54.06 worth of merchandise from Target.

Brian Robert Beach, 40, of West Part Street, Albion, is charged with assault, 3rd, and criminal obstruction of breathing or blood circulation. Beach is accused of striking another person in the face causing physical injury and obstructing the alleged victim's breathing. The incident was reported at 12:53 a.m. Friday, at 8204 Park Road, Batavia.

Joseph Beszczynski, 26, of Darien-Alexander Townline Road, Darien, is charged with criminal mischief. Beszczynski is accused of punching a light switch box causing damage. Beszczynski was jailed on $500 bail.

Leiland B. Jonathan, 42, and Larue F. Jonathan, 36, both of Basom, are both charged with both charged with DWI and three counts of driving drunk with children under 15 in the car. Leiland's DWI charge is a felony because of a prior DWI conviction. The couple was involved in a motor-vehicle accident at 11:39 p.m., Thursday, in the Town of Clarance, according to the Buffalo News. Following the accidents, witnesses reportedly told police they saw the driver and passenger switch places. Larue was also charged with charged with obstructing governmental administration and resisting arrest.

Joseph Leonard Elmert, 24, of Dugway Road, Conesus, and Joseph Bly Gohlman, 20, of Maple Beach Road, Geneseo, are charged with criminal trespass. Following an investigation into a report of a suspicious vehicle complaint in Darien at 7:39 p.m., Thursday, Elmert and Gohlman were allegedly found in a secured area of Darien Lake Theme Park without permission. The two men allegedly climbed a fence to gain entry.

Kevin Michael Bartz, 35, of Route 98, Varysburg, is charged with harassment, 2nd, and trespass. Bartz allegedly became involved in an altercation with another person while on private property. The incident was reported in Corfu at 10:50 p.m., Dec. 4.

Jared R. Burns, 25, of 309 Washington Ave., Batavia, is charged with criminal mischief, 3rd, and endangering the welfare of a child. Burns is accused of pushing another person while that person was holding a child.

A controlled burn in Darien that took place yesterday was thought to be rekindled after fire and smoke were reported there a few moments ago.

The property owner at 9668 9688 Allegany Road told authorities he is aware of the situation and is burning off the residual debris from Sunday.

Darien and Alabama fire departments were called but the response was cancelled.

A 24-year-old Batavia resident told a deputy he was returning a text message just prior to hitting a car that had stopped in front of him on Route 20 in Darien at 12:50 p.m., Saturday.

The 2003 Dodge pickup driven by Corey Lee Richenberg, of Galloway Road, struck one car in the rear and a second car spun into the oncoming traffic lane where it was struck by 2005 Ford pickup.

The Ford then continued off the road and overturned.

Neither the three drivers nor their passengers were seriously injured.

Richenberg, who was transported by Mercy EMS to UMMC with a general complaint of pain, was cited for allegedly following too closely and failure to maintain lane improper use of a mobile phone.

The driver of the car hit from behind was Christine R. Powell, 61, of Broadway Road, Darien Center. Powell was transported to UMMC by Mercy EMS.

The driver of the Ford that overturned was Gregory E. Fish, 45, of Parkview Drive, Akron. Fish was taken by private vehicle to Millard Fillmore Medical Center  the VA medical center.

The accident was investigated by Deputy Chris Parker.

(Initial report)

A three-car accident, minor injuries, is reported in Darien in front of the Chestnut Hill Country Club, at 1330 1263 Broadway Road (Route 20). One of the vehicles rolled over.

Mercy medics, Darien Ambulance Service and Darien Fire Department are responding.

UPDATE 1:07 p.m.: At the entrance to the golf course, at the top of the hill, traffic is being stopped and rerouted.

UPDATE 1:18 p.m.: The vehicle that rolled over did so three times and both occupants are being back boarded and collared.

UPDATE 1:29 p.m.: One ambulance is taking a patient to United Memorial Medical Center. Another one is transporting a patient to ECMC.

UPDATE 1:35 p.m.: The westbound lane is completely blocked.

UPDATE 1:53 p.m.: The roadway is reopened and Darien is back in service.

This week the Genesee County Grand Jury issued the following indictments.

Mitchell J. Irish is accused of assault, 2nd, a class D felony, for allegedly recklessly causing serious physical injury to another person on June 9 by means of a deadly weapon and dangerous instrument, a motor vehicle.

In count two, he is accused of vehicular assault, 2nd, a class E felony, for allegedly operating a 1998 Chevrolet in an intoxicated condition on June 9 in the Town of Darien, thereby causing serious physical injury to another person.

In count three, he is accused of driving while intoxicated, a class E felony.

Christian J. Johnson is accused of driving a 2002 Cadillac while intoxicated, a class E felony, on July 23 on Pearl Street in the City of Batavia.

In count two, Johnson is accused of aggravated driving while intoxicated, a class E felony, for allegedly having a .18 BAC.

In count three, he is accused of allegedly operating the same vehicle without an interlock, a misdemeanor, although he was court-ordered to have an ignition interlock device on it.

A Darien man wanted on a felony assault charge was taken into custody in Darien on Thursday morning and jailed without bail.

Wyatt Becker was arraigned in front of Judge Robert Noonan following his arrest and charged with violation of probation, vehicular assault, 2nd, and felony DWI.

The charges stem from a serious injury accident in Alexander in August.

Becker was in Alexander court a few weeks later where he was arraigned and told he would be going to jail on $5,000. Becker reportedly asked to go to the bathroom and then allegedly walked out of court.

He then missed a court appearance in November and Noonan issued a second warrant for his arrest.

William Lee Lantz, 25, of South Main Street, Castile, is charged with petit larceny. Lantz is accused of stealing a CO detector from a residence in Stafford where he had been working.

Albert Ackerman, 47, of 930 George St., Mumford, is charged with DWI, driving on a suspended registration, driving on a suspended driver's license and operating with an open container. Ackerman was stopped by a Le Roy police officer at 11:50 a.m., Sunday, for an alleged traffic violation at Main and Mill streets. Ackerman was jailed on $5,000 bail.

Angel Gregory Andujar, 26, of Perry Road, Pavilion, is charged with criminal possession of a weapon and unlawful possession of marijuana. Andujar was allegedly found in possession of metal knuckles and a small baggie of marijuana while walking on Perry Road. Andujar was reportedly walking away from a domestic incident involving family members.

Thomas Ralph, Gianvecchio, 60, of Mountain Ash Drive, Greece, is charged with criminal contempt, 2nd. Gianvecchio is accused of writing letters to his estranged wife in violation of a protection order out of Monroe County Family Court.

Jason W. Killion, 30, of 5155 E. Main St., Batavia, is charged with felony DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and failure to keep right. Killion was stopped at an unspecified time Tuesday on Ellicott Street at Swan Street by Lt. James Henning.

Nathan Michael Haag, 20, of Steel Circle, Niagara Falls, is charged with petit larceny. Haag is accused of stealing two bottles of 5 Hour Energy Drink from Kmart on Monday.

Justin R. Martin, 28, of 232 Henrietta St., Rochester, is charged with DWI, driving with a BAC of .18 or greater and passing a red light. Martin was stopped at 2:27 a.m., Sunday, on West Main Street at Oak Street, Batavia, by Officer Frank Klimjack.

Mathew J. Pentycote, 23, of 22 Spencer Court, Batavia, is charged with DWI, refusal of breath test and moving from lane unsafely. Pentycote was stopped at 1:16 a.m., Sunday, on West Main Street, by Officer Matthew Fleming.

A 17-year-old resident of 5270 E. Main St., Batavia, is charged with unlawful possession of alcohol by a person under age 21. The youth's car, while parked on school property, was allegedly found to contain alcoholic beverages.

Jason L. Cramer, 27, of Central Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, 7th, aggravated unlicensed operation, improper right turn and failure to keep right. Cramer was stopped at 1:02 a.m., Sunday, on Elm Street, Batavia, by Deputy James Diehl.

Gloria Susan Moretti, 34, of Jackson Street, Batavia, is charged with criminal mischief, 3rd, a felony, and harassment, 2nd. Moretti was allegedly involved in a domestic dispute at 2:10 a.m., Oct. 29, at an address on Indian Falls Road, Pembroke, in which Moretti allegedly bit the victim twice and caused heavy damage to the victim's parked vehicle.

Devontre Levar Harvey, 27, of Garfield Street, Rochester, is charged with illegal possession of untaxed cigarettes. Harvey's car was stopped on Route 77 at 2:46 p.m., Nov. 5, after Genesee County dispatchers received a tip from a caller that a car occupied by two males were in possession of a large amount of untaxed cigarettes. Also charged was Holsey Wedlow, 59, of South Avenue, Rochester.

Scott Howard Baker, 49, of Fargo Road, Bethany, is charged with unlawful possession of marijuana. Baker was allegedly found in possession of marijuana at 3:08 a.m., Nov. 5, at an address on Ellicott Street Road, Bethany.

Gregory James Baker, 31, no permanent address, is charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. Baker was allegedly found in possession of more than a dozen hypodermic needles and other paraphernalia while at his mother's residence.

James Anthony Dean, 54, of Brown Road, East Bethany, is charged with felony DWI, aggravated DWI (driving with a BAC of .18 or greater with one or more prior convictions), leaving the scene of a property damage accident, changing lanes when hazardous markings are in place and failure to keep right. Dean was arrested following an accident at 8:41 a.m., Nov. 2, on Herkimer Road, Darien.

Wyatt J. Becker, 21, of Sumner Road, in Darian, is a wanted man.

Judge Robert C. Noonan issued a warrant for his arrest Monday morning after Becker failed to appear for an arraignment on DWI and a felony charge of vehicular assault, 2nd.

Assistant District Attorney Kevin Finnell hasn't seen Becker since an appearance in Alexander Town Court where Becker, during his arraignment there, asked to use the restroom and never came back.

Becker was reportedly involved in an accident Aug. 3 in which his passenger was seriously injured.

Aaron J. Wood, 20, of Iroquois Road, Caledonia, is charged with petit larceny. Wood is accused of unwrapping and eating a $3 pizza while in the Tops Market in Le Roy. Wood allegedly tried to leave the store without paying for the pizza.

Joseph Dennis Vendetta, 30, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, tinted windows and driver's view obstructed. Vendetta was stopped at 2:21 a.m., Saturday, on Richmond Avenue by Deputy Patrick Reeves.

Billy Joe Budziszewski, 20, of Alleghany Road, Corfu, is charged with criminal possession of a weapon, 3rd, and criminal mischief, 4th. Budziszewski is accused of getting into a dispute with his father Friday morning. During the dispute, Budziszewski allegedly became verbally abusive and punched the kitchen wall and front door, causing some damage during the argument. Budziszewski also allegedly had a pair of metal knuckles in his bedroom dresser.

Luis Geraldo Pacheco, 49, of Webster Avenue, Rochester, is charged with three counts of criminal contempt, 2nd. Pacheco is accused of violating a stay away order on three separate occasions.

Melvin Gaylord Draper, 30, of Webber Avenue, Oakfield, is charged with felony DWI, aggravated DWI (BAC of .18 or greater), aggravated unlicensed operation, 1st, and improper signal. Draper was stopped at 12:47 a.m., Saturday, on Bank Street Road, Batavia, by Sgt. Brian Frieday.

Gene Robert Schmidt, 44, of Dodgeson Road, Alexander, is charged with DWI, driving with a BAC of .08 and failure to keep right. Schmidt was stopped at 1:33 a.m., Saturday, on Bowen Road, Alexander, by Deputy Jason Saile.

Trent H. Burgess, 39, of West Avenue Brockport, is charged with DWI, driving with a BAC of .08 and speeding (89 mph in a 55 mph zone). Burgess was stopped at 12:26 a.m., Sunday, on Clinton Street Road, Stafford, by Deputy Howard Carlson.

Brian James Nelson, 24, of Grove Street, Painted Post, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and driving left of pavement markings in a no-passing zone. Nelson was arrested following the investigation by Deputy Jason Saile into a one-car accident at 6:04 a.m., Sunday, on Route 77 in Darien. 

Daniel L. Cone, 51, of 6380 Clinton St. Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and prudent, following too closely and moving unsafely from lane. Cone was stopped at 5:55 p.m., Saturday, on East Main Street, Batavia, by Officer Dan Coffey.

Lawrence D. Williams, 51, of 148 Hutchins St., Batavia, is charged with criminal possession of a controlled substance, 7th. Williams was allegedly found in possession of a small quantity of cocaine following a traffic stop.

Scott G. Tooley, 26, of 199 S. Main St., Batavia, is charged with endangering the welfare of a child. Tooley is accused of leaving a young child at home without adequate supervision.

Jeremiah T. Jones, 38, of 535 McGinnis Road, Scottsville, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Jones was allegedly involved in a domestic dispute at a residence on Central Avenue at 8:10 a.m., Tuesday.

Kara Jo Oliveri, 27, of Moller Street, Binghampton, was arrested on a bench warrant related to a petit larceny charge. Oliveri was arrested in Binghampton and arraigned in Darien Town Court. Oliveri posted $305 bail.

We enjoyed a beautiful fall morning today, so I thought I would take a little drive and wound up in Darien.

Above, I found this diving board over a pond next to a farm field to be a rather interesting sight.

The view from atop Simmonds Road.

A red barn in North Darien.

A small pond along Beaver Road, Alexander.

John M. Forte, 23, of 4898 Ridge Road, Williamson, is charged with burglary, 3rd. Forte is accused of forceably entering a business in the Village of Le Roy on or about Nov. 8 and stealing copper from the basement of the building.

Eric Bratcher, 22, of 7 ½ North St., Le Roy, is charged with burglary, 2nd, and petit larceny. Bratcher is accused of entering the residence of a friend over the weekend and stealing a game system and games. Bratcher was arraigned and released under supervision of Genesee Justice.

Marianne Dawson, 50, 20 N. Spruce St., Batavia, is charged with DWI. Dawson was charged with DWI. Dawson was arrested at 5:18 p.m. Monday on Seneca Avenue by Officer Kevin DeFelice.

A 16-year-old resident of Snipery Road, Darien, is charged with criminal contempt, 2nd. The youth got into an argument with her parents about getting ready and going to school. She allegedly became verbally abusive and threw an item at her father. Family Court had issued an order of protection requiring her not to engage in offensive conduct toward her parents. The youth was released after arraignment and transported to school.

Darleen Angie McComb, 53, of Lake Street, Le Roy, is charged with petit larceny. McComb is accused of stealing a $30 pair of boots from R and D Outlet Center on Clinton Street Road, Stafford.

Basillo Martinez, 48, of Clinton Street Road, Bergen, was arrested on a bench warrant for alleged criminal possession of stolen property and criminal possession of a weapon.

Jeffrey Allen Good, 36, of Route 98, Alexander, is charged with criminal possession of a controlled substance, 7th, criminal use/possession of a hypodermic instrument and criminal use of drug paraphernalia. Good was allegedly found by his probation officer in possession of heroin in packaging along with hypodermic needles while in his home. Good was taken into custody by Deputy Brian Thompson. Good was jailed on $5,000 bail.

John Cheston Townley, 36, of Liberty Street, Bliss, was arrested on a bench warrant for DWI. Townley had been incarcerated on unrelated charges in Wyoming County.

Theodore Murphy, 51, of 29 Central Ave., Batavia, is charged with criminal possession of a weapon, 3rd. Murphy is accused of possessing an electronic stun gun on Sept. 25 while on Central Avenue. Murphy was jailed without bail.

Reginald J. Hawker, 56, of 220 W. Main St., #4, Batavia, is charged with trespass. Hawker is accused of entering Wilson Farms on West Main Street after previously being barred from the store.

Jerome S. Dennis, 25, of 15 Thorpe St., Upper, Batavia, is charged with harassment. 2nd. Dennis is accused of spitting on another person.

Phillip Michael Busch, 19, of Bowen Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and moving from lane unsafely. Busch was stopped at 3:06 a.m., Sunday, on Bowen Road in Alexander by Deputy Jason Saile.

Jennifer Lynn Hoehn, 38, of Dublin Road, Bergen, is charged with criminal mischief. Hoehn is accused of damaging a 2005 Chevrolet Silverado belonging to another person.

Ryan Donal Spencer, 22, of Sumner Road, Darien, is charged with DWI, driving with a BAC of .08 or greater and inadequate exhaust. Spencer was stopped at 12:51 a.m. Saturday by Deputy Jason Saile.

Three people were charged today in connection with an alleged altercation following the Blink 182 Concert at Darien Lake Performing Arts Center on Aug. 11.

The three individuals are accused of getting into an altercation in the parking lot while guests were leaving the venue.

The three individuals allegedly damaged the pickup truck of a man from Lancaster.

Arrested and released on appearance tickets were Timothy Patrick Donnelly, 22, of Ridgecrest Road, Rochester, Marie Dana Smith, 18, and Lorraine Deanna Smith, 20, both of Crossroads Lane, Rochester.

Donnelly was charged with criminal mischief, 3rd. Marie Smith was charged with criminal mischief, 3rd, and harassment, 2nd. She allegedly had physical contact with the Lancaster man during the altercation.

Lorraine Smith was charged with criminal mischief, 3rd.

Investigator William Ferrando handled the case.