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March 26, 2020 - 2:01pm

Press release:

The New York State Division of Consumer Protection (DCP) is alerting consumers about scammers taking advantage of the novel coronavirus.

Scammers are using techniques that typically arise with a major global event such as: falsely claiming to be online sellers of popular goods; setting up fake charities; sending fake emails and texts that contain harmful links designed to steal your personal information; and using robocalls to pitch novel coronavirus treatments and work at home schemes.

People should be on the lookout for scammers looking to take advantage of public fears surrounding this issue.

“Unscrupulous scammers never take a break and they are now trying to cash in on the news of the novel coronavirus by trying to lure people into unknowingly providing their personal information,” said Secretary of State Rossana Rosado. “During this public health emergency, there are simple steps you can take to avoid novel coronavirus scams that can help protect your hard-earned money and your identity.”

“New York State’s coordinated multi-agency response to managing the novel coronavirus includes raising awareness about deceptive and dishonest attempts to take advantage of people during this outbreak,” said Commissioner of the New York State Department of Health Dr. Howard Zucker. “The best ways to prevent the spread of COVID-19 and other respiratory illnesses involve proven precautions, like washing your hands, sneezing or coughing into your elbow and staying indoors when you feel sick to help prevent the spread of infection all year.”

Below are tips to protect yourself from novel coronavirus scams:

  • Research online sellers before placing an order. Check out the seller by searching online for the person or company’s name, phone number and email address, plus words like “review,” “complaint” or “scam.” If everything checks out, pay by credit card and keep a record of your transaction.
  • Don’t click on links from sources you don’t knowIt could download a virus onto your computer or device. Make sure the anti-malware and antivirus software on your computer is up to date.
  • Be aware of emails coming from unknown senders. Watch for emails claiming to be from the Centers for Disease Control and Prevention (CDC) or experts claiming to have information about the virus. For the most up-to-date information about the coronavirus in New York State, visit the New York State Department of Health website.
  • Ignore online offers for vaccinations. If you see ads touting prevention, treatment, or cure claims for the novel coronavirus, ask yourself: if there’s been a medical breakthrough, would you be hearing about it for the first time through an ad or sales pitch?
  • Be aware of emails asking for donations. Do your homework when it comes to donations, whether through charities or crowdfunding Don’t let anyone rush you into donating. If someone wants donations in cash, by gift card, or by wiring money, don’t do it.
  • Be alert of high prices on critical goods. Any New Yorker who sees excessively priced consumer goods and services that are used primarily for personal, family or household purposes to prevent or respond to novel coronavirus should file a complaint with DCP. New Yorkers can now report sudden and unexpected increases in consumer goods such as hand sanitizer, cleaning supplies, or other health and sanitation related products by calling the consumer hotline toll free at 800-697-1220.
  • Hang up on illegal robocallers. If you receive a call about scam novel coronavirus treatments to work-at-home schemes, hang up. Don’t press any numbers. The recording might say that pressing a number will let you speak to a live operator or remove you from their call list, but it might lead to more robocalls, instead.
  • Be alert to “investment opportunities.” The Securities and Exchange Commission (SEC) is warning people about online promotions, including on social media, claiming that the products or services of publicly traded companies can prevent, detect, or cure coronavirus and that the stock of these companies will dramatically increase in value as a result.

New York State is closely monitoring the novel coronavirus. For up to date information on the novel coronavirus, visit the New York State Department of Health website or call the Novel Coronavirus Hotline at 1-888-364-3065.

The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. For more consumer protection information, call the DCP Helpline at 800-697-1220, Monday through Friday, 8:30 a.m. - 4:30 p.m. or visit the DCP website. The Division can also be reached via Twitter at @NYSConsumer or Facebook.

March 25, 2020 - 12:24pm
posted by Billie Owens in crime, news, notify, batavia, Le Roy.

Amanda S. McDonald, 26, of Ellsworth Avenue, Batavia, is charged with making unreasonable noise. She was arrested at 9:13 p.m. on March 13 after she allegedly played unreasonably loud music at her residence, an upstairs apartment in the 100 block of Ellsworth Avenue, which "could be heard several houses away." McDonald was processed, issued an appearance ticket for Batavia City Court, and she is due there on March 31. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Derrick Roy Kio, 29, of North Road, Le Roy, is charged with second-degree criminal contempt. The defendant was arrested at 12:45 p.m. on March 19 on North Road in Le Roy after he asked law enforcement for help in removing a person from his residence who was not welcome there. Upon arrival, it was discovered that an order of protection was in place directing Kio to stay away from the other person and that they had been living together for quite some time, in violation of the order of protection. He was issued an appearance ticket for Town of Le Roy and is due there May 11. The case was handled Genesee County Sheriff's Deputy Christopher Erion.

Josie R. Panepinto, 18, of Ellicott Avenue, Batavia, is charged with fourth-degree criminal mischief. Panepinto was arrested after allegedly damaging another person's property during a domestic incident at 8:45 p.m. on Maple Street in Batavia. The defendant was issued an appearance ticket and is due in Batavia City Court on May 19. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Miah Stevens.

Douglas J. Taylor, 31, of Church Street, Medina, is charged with petit larceny and possession of a hypodermic instrument. At 11:11 a.m. on March 20, Douglas was arrested on the charges at the Dollar General Store on East Main Street in Batavia. He was issued an appearance ticket to be in Batavia City Court on May 19. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Peter Post.

Taylor L. Finnin, 27, of East Main Street, Batavia, is charged with criminal possession of drug paraphernalia in the second degree. Finnin was arrested at 3:49 p.m. March 12 on Swan Street in Batavia. The defendant was issued an appearance ticket and is due in Batavia City Court on March 24. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Wesley Rissinger.

Daniel G. Cherry Jr., 22, of Middle Road, Munnsville, and John R. Gorton (no age or residence provided) are charged with unlawful possession of marijuana in the second degree. They were arrested at 1:12 a.m. on March 14 in the Eastown Plaza parking lot on East Main Street in Batavia after a complaint of two males smoking marijuana in a vehicle. Both men were issued appearance tickets then released from custody. They are due in Batavia City Court on March 31. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Jordan McGinnis.

March 23, 2020 - 12:57pm
posted by Howard B. Owens in news, covid-19, crime, coronavirus, Coronavirus Fraud Coordinator.

Press release:

U.S. Attorney James P. Kennedy Jr. today urged the public to report suspected fraud schemes related to COVID-19 (the coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by writing to this NCDF email address:  [email protected]

In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of coronavirus fraud schemes.

“My message to those who seek to exploit the pandemic for their own personal gain by stealing others’ money, or identity, or both, is simple,” said U.S. Attorney Kennedy. “We have a treatment for you and that treatment includes prosecution and federal prison.

"While others may get sick from the virus, most will recover. Sadly, I am not so sure these predators will ever recover from their affliction—as it seems to have rotted their hearts and souls.”

Some examples of these schemes include:

  • Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
  • Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
  • Malicious websites and apps that appear to share coronavirus-related information to gain and lock access to your devices until payment is received.
  • Seeking donations fraudulently for illegitimate or nonexistent charitable organizations.
  • Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.     

In a memorandum to U.S. Attorneys General issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to: serve as the legal counsel for the federal judicial district on matters relating to the coronavirus; direct the prosecution of coronavirus-related crimes; and to conduct outreach and awareness activities.

U.S. Attorney Kennedy appointed Assistant U.S. Attorney David Rudroff to serve as Coronavirus Fraud Coordinator for the Western District of New York.

The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.

March 20, 2020 - 4:50pm
posted by Billie Owens in crime, news, notify, batavia.

Christopher Lopez Torres, 18, of Ellicott Street, Batavia, is charged with disorderly conduct. According to the police report, Lopez Torres, Irelyn Curry (no age or address provided) and a 17-year-old female were arrested on the same charge after a fight during lunch at the Batavia High School Cafeteria at 1 p.m. on March 5. They were issued appearance tickets and are due in Bataviia City Court on March 24. The case was handled by Batavia Police Officer Jason Davis.

Shawn P. Wilbur, 22, no permanent address, is charged with: second-degree criminal impersonation; second-degree harassment; and third-degree criminal mischief. Wilbur was arrested after a domestic incident at 1:30 a.m. on March 15 in the 100 block of West Main Street, Batavia. He was arraigned in Batavia City Court later that morning and released on his own recognizance. the defendant was due back in city court March 18. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Jordan McGinnis.

Robert A. Bell Jr., 41, of Plymouth Rock Road, Albuquerue, N.M., is charged with: criminal possession of stolen property in the third degree; operation of a vehicle without Inspection Certificate; and unlicensed driver. Bell was arrested after a traffic stop at 1:21 p.m. on March 13 on East Main Street in Batavia and he was allegedly identified as the driver of a stolen vehicle reported in Depew. Following his arraignment in Batavia City Court, he was turned over to the Depew Police Department for additional charges. He is due back in city court at a later date (unspecified). The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Steven Michael Lindner, 47, of West Main Street, Batavia, was arrested on a Batavia City Court bench warrant for petit larceny after he was located during a traffic stop on State Street Road in Batavia. He was due in city court on March 19. The charge stems from a larceny complaint at Dollar General on East Main Street in Batavia on Sept. 23. The case was handled by Batavia Police Officer Stephen Quider.

March 16, 2020 - 2:26pm
posted by Billie Owens in crime, news, notify, batavia, Darien, Pavilion.

Devon A. Wright, 18, (inset photo, right) of Highland Park, Batavia, is charged with third-degree burglary; fourth-degree criminal mischief, and third-degree assault. Wright was arrested on March 12 as a result of an investigation into an incident which occurred at 12:50 p.m. on March 2 at the Sunoco Gas Station and convenience store at 100 W. Main St. in Batavia. It is alleged that he refused to leave the property, attempted to cause physical injury to an employee, then damaged property inside the business. He was arraigned in Batavia City Court and released on his own recognizance and was due to return to court March 13. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

Kyle A. Scheuerlein, 27, of Overlook Drive, Batavia, is charged with: criminal obstruction of breathing or blood circulation, criminal possession of a weapon in the fourth degree; and second-degree attempted assault. At 8:48 p.m. on March 8, Scheuerlein was arrested after a domestic incident at an apartment in the 300 block of Washington Avenue in Batavia. He was arraigned in Batavia City Court and is due back there on March 26. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Miah Stevens.

Taylor L. Finnin, 27, of East Main Street, Batavia, is charged with second-degree criminal contempt and trespass. Finnin was arrested March 12 on a warrant out of Batavia City Court following an investigation into an alleged violation of an order of protection on Nov. 27 on South Main Street in Batavia. He was put in jail with (unspecified) bail. He was due to return to city court March 13. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Connor Borchert.

Taylor L. Finnin, 27, of East Main Street, Batavia, was arrested on a bench warrant out of Batavia City Court while outside on Swan Street in Batavia on March 12. The warrant was issued after the defendant allegedly failed to comply with a court-ordered program on Nov. 20. Finnin was put in jail with (unspecified) bail. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Wesley Rissinger.

Karisa L. McKeown, 25, of Pavilion, is charged with driving while intoxicated, aggravated DWI -- with a BAC of .08 percent or more, and moving from lane unsafely. At 4:56 p.m. on Feb. 29, Wyoming County Sheriff's deputies responded to a one-car accident with injuries on Silver Lake Road in the Town of Covington. When deputies arrived, they observed Pavilion Fire Department treating a patient with minor injuries. Upon further investigation, McKeown was identified as the driver. The vehicle was traveling southbound when it left the roadway, striking a mailbox and a tree, before coming to rest in the bushes in front of a residence. She was transported to the Wyoming County Sheriff's Officer where a Datamaster breath test was administered. She was released with appearance tickets and is due in Town of Covington Court at a later date (unspecified). The case was handled by Wyoming County Sheriff's Deputy Austin Harding, assisted by Deputy Chance Sampson.

Eric Francis Borowski, 30, of Fontaine Drive, Buffalo, is charged with two counts of second-degree harassment. He was arrested on March 15 following a complaint at 4 p.m. March 11 on Alleghany Road in Darien. He was issued an appearance ticket and is due in Darien Town Court on April 7. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Carrie L. Hensley, 42, of West Main Street, Batavia, is charged with petit larceny. On March 11, Hensley was arrested after a shoplifting complaint at the Dollar General store on East Main Street in Batavia. She was released with an appearance ticket for March 24 in Batavia City Court. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

March 12, 2020 - 3:03pm
posted by Howard B. Owens in crime, news, batavia, notify.
mugshotdaniellewis2020.jpg
         Daniel Lewis

A 23-year-old man who went on a crime spree in Batavia in January while awaiting sentencing on a prior conviction was in Genesee County Court today to plead guilty to attempted robbery and three other charges.

He was originally scheduled to be sentenced today on his Dec. 5 guilty plea to a charge of criminal possession of stolen property.

Today, Daniel Jon Lewis, who has been a resident of Lima, admitted to using a knife to try and rob a person on Bank Street in Batavia on Jan. 1.

He also admitted: to stealing a 2015 Chevy Silverado from a location on Clinton Street Road on Jan. 2; to stealing a 2008 Dodge Caliber from a location on Creek Road on Jan. 3; to stealing a credit card and debit card. He admitted to three counts of grand larceny.

The admission could satisfy all of Lewis's other pending charges, including charges of theft and possession of stolen property in the City of Batavia, Town of Batavia, and Town of Stafford. Among those charges is an accusation that Lewis stole a Spectrum work truck on Jan. 25 and led police on a chase that resulted in property damage to fences and other vehicles on property along Oak Street.

As part of the plea, Lewis agreed to waive his right to appeal on most issues, although he could potentially appeal related to his conviction and sentence. If he doesn't file an appeal within 45 days of his sentence, the other pending charges will be dismissed.

Lewis is being held in the Genesee County Jail without bail on the robbery charge. He appeared in court today with his hands cuffed, in an orange jumpsuit and his long hair in a bun.

He is scheduled to be sentenced on his prior conviction as well as his conviction today on April 9 at 10:15 a.m. He faces up to 15 years in prison.

March 12, 2020 - 11:33am
posted by Howard B. Owens in crime, batavia, news, notify.
plushdozierdoubmug2018120.jpg
        Plush Dozier

Plush Kevin Dozier, 23, charged with arson and attempted murder, has a new attorney, so his trial, scheduled to start next week, has been delayed.

Fred Rarick, who has taken over Dozier's case from Tom Burns, said new information has come to light as well that indicates Dozier may have an alibi for June 15, when he is accused of starting a fire at an occupied residence on Maple Street in Batavia.

The earliest date for the delayed trial to start -- when both the court is available and Rarick doesn't have a scheduling conflict -- is July 13.

Dozier is being held on $100,000 bail.

Rarick informed Judge Charles Zambito that an investigator has been assigned to Dozier's case to determine if Dozier's possible alibi can be substantiated. If it can, Rarick will file an alibi motion.

There was no discussion in court about why Rarick replaced Burns as Dozier's attorney.

While there is no current plea offer, Zambito set a plea cutoff date of May 15.

Dozier is also charged with criminal mischief in the second degree and criminal mischief in the third degree for alleged incidents while he has been in custody. District Attorney Lawrence Friedman intends to try those charges separately and they will be dealt with after the arson/attempted murder trial.

March 11, 2020 - 1:29pm
posted by Billie Owens in crime, news, notify, batavia.

Samantha Gail Reff, 30, of Middle Road, Caledonia, is charged with: Leandra's Law -- driving while ability impaired by drugs with two child passengers less than 16 years of age; driving while ability impaired by drugs; criminal possession of a controlled substance in the seventh degree; two counts of endangering the welfare of a child; and speeding. Reff was arrested March 10 after an investigation of a traffic stop which occurred at 10:38 p.m. on Dec. 3 on Kelsey Road in Batavia. Reff was issued appearance tickets and is due in Batavia Town Court on April 2. The case was handled by Genesee County Sheriff's Deputy James Stack.

Ann Marie Boyce, 43, of Woodrow Road, Batavia, is charged with driving while intoxicated and aggravated DWI. On March 5, Batavia Police Officer Peter Post arrested Boyce at 1:32 p.m. on Jackson Street in Batavia. She is scheduled to appear in Batavia City Court on March 25. Post was assisted by Batavia Police Officer Felicia DeGroot.

Luis J. Santiago, 31, of Buell Street, Batavia, is charged with second-degree criminal contempt. At 5:02 p.m. on March 8, Santiago was arrested after he allegedly violated an order of protection at an apartment on Edward Street in Batavia. He was processed, issued an appearance ticket and is due in Batavia City Court on March 24. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Julio Vazquez, 19, of Harvester Avenue, Batavia, is charged with third-degree criminal tampering. On March 5, Batavia Police Officer Peter Post arrested Vazquez after a road-rage incident on Pearl Street in Batavia at 9:59 a.m. He is due in Batavia City Court on March 17. Post was assisted by Batavia Police Officer Felicia DeGroot.

March 9, 2020 - 1:00pm
posted by Billie Owens in crime, news, notify, batavia, Le Roy, Pavilion, Stafford, byron.

Michael Robert Simcick, 26, of Keeney Road, Le Roy, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; unlawful possession of marijuana; failure to stop at stop sign; and moving from lan unsafely. At 1:26 a.m. on March 8, Simcick was arrested on Perry Road in Pavilion after a traffic stop for a violation of vehicle and traffic law. An investigation allegedly determined him to be intoxicated by alcohol and in possession of marijuana. He was issued appearance tickets and is due in Pavilion Town Court on March 17. Genesee County Deputy Kenneth Quackenbush handled the case, assisted by Deputy Austin Heberlein, and the Le Roy Police Department.

Shane R. Reisman, 50, of Montclair Avenue, Batavia, is charged with: failure to stop at a stop sign; driving while intoxicated; drinking alcohol in a motor vehicle on a highway; and refusal to take a breath test. Batavia Police Officer Peter Post arrested Reisman at 2:36 p.m. on March 2 on Trumbull Parkway in Batavia after a traffic stop. Reisman was later released with appearance tickets and is due in Batavia City Court on March 18.

Baltazar de la Rosa Sifuentes, 26, of Parkland Creek Lane, Chili, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; and moving from lane unsafely. At 9:30 p.m. on March 6, Sifuentes was arrested after an investigation of a single-car accident on Route 33 in the Town of Stafford. He was released with appearance tickets and is due in Stafford Town Court on March 17. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Andrew Mullen.

Jessica Lyn Revier, 35, of Hall Road, Holley, is charged with: aggravated driving while intoxicated; DWI; failure to stop at a stop sign; and speed not reasonable and prudent. At 7:55 a.m. on March 7, Revier was arrested on North Bergen Road in Byron. She allegedly drove her vehicle off the roadway while in an intoxicated condition. Revier was released on appearance tickets and is due in Byron Town Court on March 16. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Travis DeMuth.

Phillip Detraell Byford Jr., 29, of Brockport Spencerport Road, Brockport, was arrested March 3 on two separate warrants out of Batavia City Court. It is alleged that Byford stole from the Speedway convenience store at 204 W. Main St. in Batavia at 8:44 p.m. on Jan. 24 and then failed to appear in court after his appearance ticket was issued. He was arraigned in city court and released. He is due back in court on March 25. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Kevin DeFelice.

March 7, 2020 - 2:25pm
posted by Billie Owens in crime, news, notify, batavia, Le Roy, Stafford, byron.

Chance J. Barnwell-McClary and Marvelous C. Williams are indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Oct. 10 in the Town of Byron, that the defendants knowingly and unlawfully possessed a narcotic drug -- fentanyl -- with the intent to sell it. In count two, Barnwell-McClary and Williams are accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count two that on Oct. 10 in the Town of Byron that the defendants knowingly possessed or sold gelatin capsules, glassine envelopes, vials, capsules or other material suitable for packaging individual quantities of narcotic drugs or stimulants under circumstances that evinced the intent to use or unlawfully manufacture, package or dispense narcotic drugs or stimulants.

Niasia S. Jiggetts is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that in 2017 at an apartment in the 4000 block of West Main Street Road, Town of Batavia, that the defendant, being age 18 or older, intentionally caused physical injury to a person under age 7. In count two, she is accused of another count of second-degree assault. It is alleged in count two that last year on Thomas Avenue in the City of Batavia that the defendant, an adult, intentionally caused physical injury to a person less than 7 years old.

Edwin Peart Jr. 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 Aug. 29 in the City of Batavia the defendant knowingly and unlawfully possessed a narcotic drug, cocaine, with the intent to sell it. In count two, Peart is accused of promoting prison contraband in the first degree, a Class D felony. It is alleged in count two that Peart introduced dangerous contraband -- cocaine -- into the Genesee County Jail. In count three, he is accused of tampering with physical evidence, a Class E felony. It is alleged in count three that on Aug. 29, believing certain evidence was about to be produced, he tried to suppress it, by an act of concealment, alteration, destruction, intimidation or force. Peart is accused of retrieving bags of cocaine from his underwear while being processed at the jail, placing them in his mouth and chewing them, "refusing all commands to open his mouth and spit the substance out."

Walter H. Bennett 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 Oct. 24 in the City of Batavia that he knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, he is charged with criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count two that on Oct. 24 in the City of Batavia that he knowingly and unlawfully possessed a controlled substance -- cocaine.

James R. Blakeslee is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 28 in the Town of Le Roy on Route 19, Blakeslee drove a 2003 Dodge while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony. In is alleged in count two that the defendant had a BAC of .08 percent or more at the time, according to an chemical analysis of his breath. In Special Information filed by the District Attorney, Blakeslee is accused of having been convicted of DWI as a misdemeanor on Sept. 16, 2014 in Wyoming County Court, and that conviction was within 10 years of the crimes alleged in the current indictment.

Schnell A. Ogletree is indicted for the crime of driving while ability impaired by drugs, as a misdemeanor. It is alleged that on Sept. 14 in the Town of Stafford that Ogletree drove a 2012 GMC Terrain on Route 33 while her ability was impaired by the use of drugs. In count two, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony. It is alleged in count two that when she drove that day she knew or had reason to know that her driver's license was suspended or revoked by authorities. In count three, Ogletree is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count three that on that day she knowingly and unlawfully possessed a controlled substance -- cocaine. In Special Information filed by the District Attorney, Ogletree is accused of having been convicted of driving while ability impaired by the consumption of alcohol. It is alleged in Special Information that the defendant was convicted of this on June 12 in the Town of Onondaga and this conviction forms the basis of count two in the current indictment.

Shamya Brown is indicted for the crime of grand larceny in the fourth degree, a Class E felony. It is alleged that on March 19 in the Town of Batavia that Brown stole cosmetics and/or skin care items having a value exceeding $1,000.

March 7, 2020 - 1:24pm
posted by Billie Owens in crime, news, notify, batavia, Le Roy.

Kyle Christopher Madden, 27, of Lake Street Road, Le Roy, is charged with: fourth-degree grand larceny; third-degree identity theft; and criminal impersonation in the second degree. Madden was arrested after an investigation of a larceny complaint at 5:52 p.m. Feb. 10 on Lake Street Road in Le Roy. He was released with an appearance ticket and is due in Le Roy Town Court on March 19. The case was handled by Genesee County Sheriff's Deputy Robert Henning, assisted by Investigator Christopher Parker.

Nashiem R. Harris, 21, of Batavia, and a 17-year-old female, also of Batavia, were arrested by Wyoming County Sheriff's deputies following a traffic stop on Route 246 in the Town of Covington at 7:45 a.m. on March 4. Harris is charged with driving while ability impaired by drugs, unlawful possession of marijuana in the second degree, and failure to keep right. The juvenile is also charged with driving while ability impaired by drugs, unlawful possession of marijuana in the second degree, and stopping on pavement. A 2012 Ford Fusion was observed by law enforcement stopped in the middle of the driving lane on Court Road by Silver Lake Road. Two subjects exited the vehicle, switched seats, and then continued driving on Court Road, according to the report prepared by Wyoming County Sheriff's Sgt. Colin Reagan. Officers followed the vehicle and observed as the vehicle was being driven entirely on the left-hand side of the roadway. A traffic stop was conducted and the odor of burned marijuana was allegedly detected. A partially smoked marijuana blunt was allegedly located in the center console during a subsequent vehicle search. Both drivers allegedly performed poorly on field sobriety tests and were then evaluated by a Certified Drug Recognition Expert at the Wyoming County Sheriff's Office, who determined them to be impaired by the use of drugs.

March 5, 2020 - 12:50pm
posted by Billie Owens in crime, news, notify, alexander.

Gary W. Hensley is indicted for the crime of burglary in the second degree, a Class C violent felony. It is alleged that on Sept. 7, Hensley knowingly entered, or remained unlawfully, in a building in the 4000 block of Gilhooly Road in Alexander with the intention of committing a crime. In count two, Hensley is charged with fourth-degree grand larceny, a Class E felony, for allegedly stealing property consisting of one or more firearms, rifles or shotguns -- in this case a Charter Arms revolver. In count three, Hensley is charged with petit larceny, a Class A misdemeanor, for allegedly stealing property of the victim: a wooden jewelry box, loose change, a flashlight, a silver bracelet, a large commemorative penny, bedding and a Snapple box with miscellaneous property inside.

March 4, 2020 - 1:31pm
posted by Billie Owens in crime, news, notify, Bethany, Oakfield, Alabama, batavia.

John Michael Taggert, 38, of North Lyon Street, Batavia, is charged with second-degree harassment. Taggert was arrested on Lyon Street following a domestic incident at 9:58 p.m. Feb. 28 during which he allegedly threatened to kill a person and burn down a house. He was processed, transported to jail and arraigned at 10 a.m. the following morning in Batavia City Court. Taggert was released on his own recognizance and is due to return to city court this afternoon (March 4). The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Connor Borchert.

John Charles Clark, 51, of Linden Road, Bethany, is charged with second-degree harassment. At 12:32 a.m. on March 3, Clark was arrested following an investigation. Clark is accused of shining a light in the victim's window on Linden Road in Bethany over a prolonged period of time and repeated period of time. He was issued an appearance ticket and is due in Bethany Town Court on March 17. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Sgt. John Baiocco.

Tammy L. Truax, 55, of Leicester, is charged with third-degree assault. The incident was reported at 10:02 p.m. on Dec. 10 on Woodrow Road in Batavia. Truax was arrested on a Batavia City Court warrant on Feb. 28 after being located  by the Livingston County Sheriff's Office. She was arraigned in city court and released on her own recognizance. She is due to return to city court at a later date.

Kevin M. McCoy, 53, no permanent address, is charged with criminal contempt in the second degree. Batavia Police Officer Peter Post arrested McCoy following a complaint at the Park Site Manor Apartments on East Main Street in Batavia at 10:53 a.m. on Feb. 28. McCoy was given an appearance ticket and is due in Batavia City Court on March 10. Officer Stephen Quider assisted in the case.

Jeanne M. Casper, 41, of Knowlesville Road, Oakfield, is charged with driving while intoxicated and failure to keep right. On March 4, Genesee County Sheriff's deputies Jonathan Dimmig and Ryan Young responding to a property damage accident at 12:11 a.m. on Knowlesville in Alabama. The deputies made contact with the operator and sole occupant of the vehicle, who identified herself as Jeanne M. Casper, of Oakfield. She was arrested on the charges and is due in Alabama Town Court on March 11.

March 4, 2020 - 12:22pm
posted by Billie Owens in crime, news, notify, batavia.

From the Genesee County Sheriff's Office:

Two men were arrested Feb. 28 by local law enforcement and the Genesee County Local Drug Task Force.

Justin T. Gladney Sr., 30, of North Spruce Street, Batavia, was arrested on a Probation warrant by the Local Drug Task Force and members of the Batavia Police Department. Upon his arrest, he was allegedly found in possession of a quantity of cocaine and marijuana. Gladney was issued appearance tickets for criminal possession of controlled substance in the seventh degree and unlawful possession of marijuana in the second degree. He is due in Batavia City Court March 10.

Jerome (aka "Rome") Edmonds, 27, of Turner Street, Rochester, was arrested on a Genesee County Court Indictment warrant by the Local Drug Task Force and members of the Genesee County Sheriff's Office. His arrest concluded an investigation into the transportation, sale and possession of "crack" cocaine in and around the City of Batavia. Edmonds was charged with: criminal possession of a controlled substance in the third degree -- with intent to sell, a Class B felony; and criminal sale of a controlled substance in the third degree, a Class B felony. He was arraigned in county court and released on his own recognizance. The county District Attorney's Office assisted in the investigation.

March 3, 2020 - 5:40pm
posted by Howard B. Owens in crime, news, batavia, notify.
mugshotdaniellewis2020.jpg
         Daniel Lewis

Daniel Jon Lewis, already a suspect in several crimes in January -- a period he was out of jail while awaiting sentencing on a prior conviction -- has been charged in a Jan. 25 incident involving a police chase of a Spectrum work truck.

Lewis is charged with: six counts of criminal mischief, 2nd; one count of criminal mischief, 4th; unlawful fleeing a police officer in a motor vehicle; reckless driving; leaving the scene of a property damage accident; driving on a sidewalk; three counts of insufficient turn signal; and two counts of failure to stop for a stop sign.

Police say the Spectrum truck was stolen, perhaps by Lewis, from a residence outside the City of Batavia. After the truck was reported missing, a Batavia police officer spotted it on Washington Avenue. Lewis is accused of fleeing when the officer attempted a traffic stop.

Lewis allegedly drove to the end of Charles Street and then took the vehicle through multiple backyards of residences on Oak Street in an attempt to evade police. Lewis is accused of knocking down several fences, striking three parked cars, and a house. The incident reportedly caused more than $25,000 in damage.

Lewis then is alleged to have abandoned the vehicle and fled on foot.

There were no injuries reported in the incident.

Lewis was arrested Jan. 25 and charged with a Jan. 1 robbery on Bank Street and is currently being held without bail on that charge.

On Dec. 6, he entered a guilty plea on a possession of stolen property charge stemming from an incident in May where he was found sleeping in a vehicle in Pavilion that contained stolen property along with another person.

There was a misunderstanding of the new bail reform rules that were about to take effect in New York during that hearing.

It's unclear if Lewis might have won release from custody while awaiting sentencing without that misunderstanding. But the assumption that Lewis would be eligible for release on Jan. 1 under terms of bail reform did factor into Judge Charles Zambito's decision to release Lewis under supervision of Genesee Justice.

Previously:

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March 2, 2020 - 3:11pm
posted by Billie Owens in crime, news, notify, batavia, Le Roy.

A 17-year-old female who lives on Jerome Place in Batavia is charged with second-degree harassment. She is accused of striking a Batavia Police officer during an incident at 12:27 p.m. Jan. 24 on Central Avenue in Batavia. At 1:56 p.m. on Feb. 27, she was arrested, processed and released with an appearance ticket. She is due in Batavia City Court at 1 p.m. on Tuesday, March 17 for arraignment. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Austin Hedges.

Kyle Christopher Madden, 27, of Lake Street Road, Le Roy, is charged with: grand larceny in the third degree; first-degree identity theft; and second-degree criminal impersonation. On Feb. 1, the Genesee County Sheriff's Office received a complaint of stolen credit card information from an apartment in the 8000 block of Lake Street Road in Le Roy, which was used to purchase merchandise online on Jan. 19. An investigation allegedly revealed the defendant stole property exceeding $3,000 and acted as the person who owned the credit card in an attempt to defraud the victim, and did this using internet websites. The defendant was arraigned in Town of Le Roy Court Feb. 28 and released. He is due back in court at a later date. The case was handled by Deputy Kevin McCarthy, assisted by Investigator Christopher Parker.

Nateeka M. Gibson, 30, of Tracy Avenue, Batavia, is charged with robbery in the third degree and second-degree harassment. She was arrested Feb. 21 and arraigned in Batavia City Court following an investigation of an incident that occurred at 1 p.m. on Feb. 15 on Washington Avenue in Batavia. She was released on her own recognizance and is to return to city court at a later date. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Austin Hedges.

William T. Hughes, 63, of South Spruce Street, Batavia, is charged with first-degree criminal contempt. On Feb. 25, Hughes was arrested after a domestic incident at 10:01 p.m. on South Spruce Street, wherein it is alleged Hughes violated an order of protection. He was arraigned on Feb. 26 an held without bail. He is due in Batavia City Court on March 12. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Eric Bolles.

Michael Douglas Busch, 20, of Elm Street, Batavia, is charged with petit larceny. Busch was arrested Feb. 27 after the investigation of an employee at Walmart in Batavia. Busch allegedly stole a total of $440 from Jan. 27 to Feb. 18 from Walmart cash registers while working there. He was issued an appearance ticket and is due in Town of Batavia Court on March 12. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Erik Andre.

February 27, 2020 - 2:36pm
posted by Billie Owens in crime, news, notify, batavia, Le Roy, alexander.

Deanna Lynn Yox, 34, of Broadway Road, Alexander, is charged with two counts of endangering the welfare of a child. At 9:27 p.m. on Feb. 25, Genesee County Sheriff's deputies responded to a residence on Broadway Road in the Town of Alexander for a physical altercation between a male and female. Following an investigation, Yox was arrested. She allegedly became involved in an altercation with an adult male and struck him multiple times in the face while in front of two children. Yox was issued appearance tickets and is due in Alexander Town Court at 4 p.m. on March 10. The case was handled by deputies Erik Andre and Brock Cummins.

Michael R. Lanze, 30, of Hutchins St., Batavia, is charged with endangering the welfare of a child and second-degree harassment. Lanze was arrested at 10:29 p.m. on Feb. 10. It is alleged Lanze punched another person in the head during a domestic dispute, while in the presence of two children. Lanze was arraigned in Batavia City Court on Feb. 11 and released. He is due back in court today (Feb. 27). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Wesley Rissinger.

Shannon M. Armstead, 26, of Bloomingdale Road, Akron, is charged with: second-degree criminal mischief; petit larceny, thrid-degree criminal tampering; and second-degree harassment. On Feb. 24, Armstead was arrested on a Batavia City Court warrant after being located by NYS Police. The warrant stems from an investigation into a disturbance at an address in the 4000 block of West Main Street Road in Batavia on Oct. 1. Armstead is accused of throwing paint on the victim's car. Following arraignment in city court, Armstead was released on recognizance and is due in city court on March 12. The case was handled by Batavia Police Officer Arick Perkins.

Raymond C. Cook, 49, of Pleasant Street, Le Roy, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- with a prior conviction within the last 10 years; driving while intoxicated -- with a prior conviction with the last 10 years; failure to keep right on a two-lane road; failure to return license plates/registration after revocation; aggravated unlicensed operation of a motor in the second degree -- with drugs/alcohol involved. Cook was arrested on Main Street in Batavia at 1:14 a.m. on Feb. 13. Batavia Police officers Austin Hedges and Nicole McGinnis conducted a traffic stop of the vehicle Cook was driving and allegedly determined he was intoxicated. Cook was arrested, then released with an appearance ticket for March 4 in Batavia City Court.

Heather K. MacPherson, 30, of Gully Road, Le Roy, is charged with driving while intoxicated with a BAC of .08 percent or more, and DWI. MacPherson was arrested at 3:03 a.m. Feb. 23 on Jackson Street in Batavia after she was allegedly found sleeping behind the wheel of her vehicle in the parking lot of a local vehicle. She was issued tickets returnable to Batavia City Court on March 4. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

Eric K. Ricks, 41, of Ellicott Street Road, Batavia, is charged with fourth-degree criminal mischief. He was arrested following an investigation into a domestic incident that occurred on Feb. 17 on Thomas Avenue in Batavia. Ricks was transported to Batavia Police headquarters and processed. He was then arraigned in Batavia City Court and released on his own recognizance He is due back in city court at a later date. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Stephen Quider.

Dan. M. Carter, 58, of Leopard Street, Rochester, is charged with identity theft. Carter was arrested on Feb. 24 after a disturbance complaint on West Main Street in Batavia. He is accused of identity theft stemming from an incident at 3:59 p.m. on Feb. 28, 2017 in the 100 block of Walnut Street in the City of Batavia. Following his arraignment in Batavia City Court on Monday, he was released on his own recognizance and was due back in court today (Feb. 27). The case was investigated by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Adam D. Altobelli, 39, of Schell Place, Rochester, is charged with petit larceny and criminal possession of a controlled substance in the seventh degree. At 8:20 a.m. on Feb. 22, Altobelli was arrested after he allegedly stole a Red Bull energy beverage from the Dollar General store on East Main Street in Batavia. He was allegedly found to be in possession of a controlled substance at the time of his arrest. He was issued appearance tickets for Batavia City Court and is due there March 3. The case was handled by Batavia Police OfficerJoshia Girven, assisted by Officer Stephen Quider.

Jeremy M. Fairbanks, 42, of Jackson Street, Batavia, is charged with failure to comply with a court-ordered program. He was arrested and arraigned in Batavia City Court at 11:55 on Jan. 30 on a bench warrant. It was issued after he allegedly failed to comply with a court-ordered program on Jan. 22. He was released on an appearance ticket for city court Jan. 31 and was placed under supervision of Genesee Justice. The case was handled by Batavia Police Officer Alec Roberts, assisted by Sgt. Dan Coffey.

Devon A. Wright, 18, of Highland Park, Batavia, is charged with unlawful possession of marijuana in the second degree. Wright was arrested at 5:34 p.m. Feb. 12 on Law Street in Batavia after a traffic stop. Wright was released on an appearance ticket for Feb. 25 in Batavia City Court. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Christopher Lindsay.

February 26, 2020 - 12:34pm
posted by Billie Owens in crime, news, notify, batavia.

Calvin John Rodriguez, 40, of Hillside Avenue, New York City, is charged with: criminal contempt in the second degree; obstructing governmental administration; two counts of criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; and possession of a hypodermic instrument. On Monday (Feb. 24), the Genesee County Sheriff's Office was investigating a violation of a duly served order of protection. Deputies located the suspect -- Rodriguez -- who allegedly had made threatening gestures toward the protected party and acted in a manner contrary to the provisions set forth in the order of protection. During the interview with deputies, he allegedly attempted to flee the encounter and resisted as deputies attempted to perform their lawful duties. He was taken into custody and charged with criminal contempt in the second degree and obstructing governmental administration. The investigation led to the execution of a search warrant at an address on Park Road in the Town of Batavia. During the search, methamphetamine, prescription medications and drug paraphernalia were located, allegedly possessed by Rodriguez. He was arraigned the next day in Batavia City Court on the charge of second-degree criminal contempt -- a qualified offense under the new Bail Reform Law, and the other charges. He was put in the custody of the Genesee County Sheriff's Office in lieu of cash bail or bond. He is to appear in both City and Town of Batavia courts at a later date. Assisting in the investigation were members of the Genesee County Drug Task Force, Sheriff's Sgt. Michael Lute, Deputy Brock Cummins, Batavia Police, along with the GC District Attorney's Office. Rodriguez was also charged with petit larceny in connection with an incident that allegedly occurred the afternoon of June 8 at Kohl's department store on Veterans Memorial Drive in Batavia. He received an appearance ticket and is due in Batavia Town Court on March 5 to answer that charge. The petit larceny case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

February 25, 2020 - 11:31am
posted by Howard B. Owens in crime, batavia, news, notify.
mugshotdaniellewis2020.jpg
          Daniel Lewis

Another criminal charge has been filed against a Western New York man who was released from custody Dec. 5 after admitting to stolen property charges in Genesee County Court.

Daniel Jon Lewis, 24, who has variously been listed as a resident of Lima, Chili, and with no permanent address, went on -- if the allegations against him are true -- a crime spree in Genesee County starting Jan. 1.

The latest charge against Lewis is petit larceny for an alleged theft at a residence on Stringham Drive, Batavia, just after midnight, Jan. 3.

Lewis is being held without bail in the Genesee County Jail on a felony robbery charge. He is accused of forcibly taking property from a person on Bank Street, Batavia, on Jan. 1. He was named as the suspect in that case and taken into custody late in January. By that time, he had allegedly committed a number of thefts and fled from police when allegedly caught in the act in the Haven Lane area.

When Lewis pled guilty to criminal possession of stolen property in the fourth degree as a second felony offender on Dec. 6, his attorney, Fred Rarick told Judge Charles Zambito that his client should be released from custody since, under terms of bail reform legislation taking effect at the start of the year, Lewis would be eligible for release while awaiting sentencing.

Neither Zambito nor District Attorney Lawrence Friedman contradicted Rarick's mistaken interpretation of the new law, but it appears that Lewis would not have been eligible for release under bail reform. CLARIFICATION: Lewis was eligible for release; however, his release was not mandatory.

Public Defender Jerry Ader brought the discrepancy to the attention of The Batavian after previous articles noted that Lewis was released from custody because of bail reform. While that may be factually correct, to the degree that was the understanding in County Court on Dec. 5, the truth is, Ader said, bail reform only applies to pretrial/preconviction defendants. 

"The pretrial bail reforms were no longer applicable to his case after he entered a plea of guilty," Ader said in an email to The Batavian. "The judge exercised his discretion when he decided to release Mr. Lewis to the supervision of Genesee Justice. He did not have to do so.

"He also had the authority at any time after Mr. Lewis was released to revoke that securing order and issue a new one, which could have included setting bail if he was not compliant with his release conditions."

Over the course of our discussion of the case, which included Ader reviewing the minutes of the Dec. 6 hearing, Ader asked that in reporting this clarification, we include his view: "I do not know whether the Court would have still released Mr. Lewis under supervision of Genesee Justice if Mr. Rarick had made the request after the plea was entered without any reference to the upcoming changes in the bail statutes. He may have been inclined to do it either way. You can’t tell from the record of the proceedings."

Lewis remains a person of interest, according to criminal justice sources, in the theft and police pursuit involving a Spectrum work truck Jan. 25. Lewis has reportedly been cooperating with investigators on several pending cases.

Previously:

February 24, 2020 - 3:41pm
posted by Billie Owens in news, crime, notify, batavia, pembroke.

David James LeRoy, 27, of Gabbey Road, Pembroke, is charged with aggravated harassment in the second degree and falsely reporting in the third degree. At 3:57 p.m. on Feb. 23, LeRoy was arrested after allegedly making several phone calls to the Genesee County Emergency Dispatch Center for no legitimate purpose, and making false reports. He was released on appearance tickets and is due in Pembroke Town Court on March 3. The case was handled by Genesee County Sheriff’s Deputy David Moore.

Three Buffalo residents are charged with crimes following a reported of an alleged larceny from Target in Towne Center at Batavia mall on Feb. 23. They reportedly left the scene and were located on the Thruway in Pembroke. Arrested at 5:25 p.m. Sunday were: Ashley M. Drexinger, 27, of Kensington Avenue, who is charged with third-degree grand larceny – a Class D felony, and fifth-degree conspiracy – a Class A misdemeanor. Ericka K. McBride, 30, of Janet Avenue, is charged with fifth-degree conspiracy and unlicensed operation of a motor vehicle. Kahel S. Suttles, 23, of Dodge Street, is charged with third-degree grand larceny, and unlawful possession of marijuana. All were released on appearance tickets and are due in Town of Batavia on March 5. The case was handled by Genesee County Sheriff’s Deputy Mathew Clor, assisted by Deputy David Moore.

Harry Thomas Gibson, 55, of Watson Street, Batavia, is charged with petit larceny. On Feb. 21 at 6:25 p.m. Gibson was arrested for petit larceny following a complaint of a shoplifter at Kohl’s department store. He allegedly stole three bottles of cologne. He was issued an appearance ticket and is due in Batavia Town Court on March 5. The case was handled by Genesee County Sheriff’s Deputy Mathew Clor.

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