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Law and Order: Convict from Batavia caught in Florida, brought back and sent to prison

By Howard B. Owens

Brandon Michael Maldonado, 24, of Strennma Road, Largo, Fla., was arrested on bench warrants for criminal possession of a forged instrument, 2nd, and criminal possession of stolen property, 5th. Maldonado was arrested at a relative's residence in Florida and returned to Genesee County. Maldonado was sentenced on his prior convictions in County Court and sent to state prison.

Rodney Blackshear, 53, of 2 Lewis Place, Batavia, is charged with disorderly conduct (obscene language/gestures). Blackshear was allegedly using obscene language and gestures during an incident at 6:54 p.m. Wednesday on Lewis Place, Batavia, in front of children and adults.

Wayne D. Potter, 29, no address, is charged with assault, 3rd, unlawful imprisonment, 2nd, and endangering the welfare of a child. The charges stem form an alleged domestic incident on June 24. Potter was jailed on $10,000 bail.

Joel Hernandez-Zempoaltecati, 30, of Washington Street, Albion, is charged with felony DWI, felony driving with a BAC of .08 or greater, felony aggravated unlicensed operation, driving without interlock device and failure to keep right. Hernandez-Zempoaltecati was stopped at 3:16 a.m. Sunday on Oak Street, Batavia, by Deputy Patrick Reeves.

Lori L. Mullen, 46, of Watson Street, Batavia, is charged with petit larceny. Mullen is accused of shoplifting at Kmart. Upon exiting the store, Mullen reportedly tried to elude security officers on motorized wheelchair and discarded the allegedly stolen items in the parking lot.

Joshua D. Ricter, 32, of Niagara Falls Boulevard, Niagara Falls, is charged with criminal mischief. Richter allegedly damaged a laser radar unit while in Kmart.

Nicholas Calvin Klippel, 29, of Walden Creek, Batavia, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, consumption of alcohol in a motor vehicle and failure to keep right. Deputy Chad Minuto responded to a report at 3:17 a.m. Saturday on North Road, Le Roy, of a suspicious vehicle in the area. Upon investigation, he found an abandoned vehicle in an area of thick brush a short distance off the road. Klippel was located a short time later in the parking lot of his residence in Batavia by Batavia PD. Upon investigation, it's believed Klippel was driving the vehicle at the time he went off the roadway in Le Roy.

Katie Lee Winnie, 19, of Exchange Street, Attica, is charged with petit larceny and unlawful possession of marijuana. Winnie allegedly stole $188.31 in merchandise from Walmart.

Tate Nicholas Westmeier, 21, of Church Road, Darien Center, is charged with petit larceny. Westmeier allegedly stole $188.31 in merchandise from Walmart.

Arginia Elizabeth Jones, 19, of Whitney Place, Buffalo, is charged with unlawful possession of marijuana and failure to stop for stop sign. Jones was stopped at 2:19 a.m. Saturday on Alleghany Road, Darien, by Deputy Joseph Corona.

Benjamin J. Townsend, 25, of Clarence, is charged with DWI and driving with a BAC of .08 or greater. Townsend was stopped by State Police at 10:30 p.m. Friday on Colby Road, Darien.

Ed Hartgrove

... "Blackshear was allegedly using obscene language and gestures during an incident at 6:54 p.m..."

Obscene gestures? What IS that?

Or, should we just take a lesson from (former) Supreme Court Justice Potter Stewart's senseless observation that, "I know it when I see it."?

Jul 15, 2013, 11:20am Permalink
Kyle Slocum

In plain language he is accused of being an abusive ass in a public space.

A good working definition of "Obscene Gesture" would be a commonly understood gesture which we would chastise a child or employee for using because of the fear of embarrassment or negative social consequence.

For inquiring minds, here is the statute (Note that the burden of Proof is intent to, or recklessly causing, public etc. etc. Like I said, accused of being an abusive ass in public.):

NY Penal Law 240.20:

A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
1. He engages in fighting or in violent, tumultuous or threatening behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an obscene gesture;

Jul 15, 2013, 7:31pm Permalink

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