Le Roy

A two-vehicle accident is reported in front of 47 Lake St., Le Roy, with injuries.

One vehicle may have been a parked car.

Traffic is not blocked.

Le Roy fire and Le Roy ambulance dispatched.

Arsenio Youngs, 27, of Medina, is charged with criminal sex act, 2nd. Youngs is accused of a sex act with a disabled person in the City of Batavia. The complaint was made to State Police at 4:31 p.m., Nov. 1. Youngs was also charged with the same crime in the Town of Perry based on a complaint to State Police at 10:01 a.m., Nov. 1. Youngs was released on his own recognizance. No further details released.

Erika L. Gilson, 37, of West Main Street, Le Roy, is charged with felony DWI, three counts of felony aggravated DWI, and felony driving with a BAC of .18 or greater. Gilson was stopped at 3:05 p.m. Wednesday on West Main Street, Village of Le Roy, by Le Roy PD. Gilson was accused of driving while intoxicated with three children in the car under age 16. She was jailed on $2,500 bail.

Shane M. Nugent, 32, of West Middlebury Road, Wyoming, is charged with DWI, driving with a BAC of .18 or greater, and failure to keep right. Nugent was stopped at 2:19 a.m. Saturday on Warsaw Road, by Le Roy PD.

Daun Elizabeth Monachino, 58, Bank Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, improper left turn, improper right turn, and no left side mirror. Manachino was stopped at 4:34 p.m. Sunday on Richmond Avenue, Batavia, by Deputy Richard Schildwaster, following a citizen traffic offense complaint.

Tyler Lee Walls, 21, of Viking Way, Brockport, is charged with menacing. Walls allegedly threatened another motorist during a road rage incident reported at 1:36 p.m. Sunday on Warboys Road, Bergen.

Anson Torpe Arenas, 43, of Lexington Parkway, Rochester, is charged with driving while ability impaired by drugs, driving left of pavement, driving a vehicle without a valid inspection, insufficient tail lamps, and driving with alcohol in a motor vehicle. Arenas was stopped at 6:16 p.m. Saturday on Townline Road, Bergen, by Deputy Ryan DeLong.

Shawn William Cross, 46, of Craigie Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater. Cross was arrested following a report of a car vs. deer accident at 9:18 p.m. Friday on Perry Road, Pavilion, by Deputy Travis DeMuth.

Jenna Leann Hernandez, 21, of Hutchins Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding, driving left of pavement marking, and driver's view obstructed. Hernandez was stopped at 2:16 a.m. Saturday on Wortendyke Road, by Deputy Howard Wilson.

Jeremy Sheehan, 35, of West Bergen Road, Le Roy, is charged with menacing, 2nd. Sheehan allegedly displayed a handgun to a resident in a nearby apartment at 1:18 a.m. Thursday at a location on West Bergen Road, Le Roy. He was jailed on $1,000 bail or $3,000 bond. 

David Michael Bratt, 38, of Carolina Avenue, Lockport, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, moving from lane unsafely, and driving left of pavement markings. Bratt was stopped at 12:54 a.m. Wednesday on Lewiston Road, Alabama, by Deputy Ryan Young. 

Kari Ann Marble, 26, of Pratt Road, Batavia, is charged with petit larceny. Marble is accused of shoplifting from Kohl's Department Store on Veterans Memorial Drive in Batavia at 11:58 a.m. on Nov. 9.

Sarah A. Cheek, 33, of Rochester, is charged with unlawful possession of marijuana. Arrested as part of the same incident was a 16-year-old on an execution of a bench warrant. The incident was reported at 10:48 a.m. Sunday on Route 237, Byron, by State Police. No other details released.

Christina M. Sarratori, of North Chili, is charged with criminal trespass, 3rd. Sarratori is accused of entering an enclosed area at 8315 Park Road, Batavia. The incident was reported to State Police at 12:52 a.m. Saturday.

Amanda M. Volkman, 32, of Byron, is charged with assault, 3rd, obstructing governmental administration and resisting arrest. Volkman is accused of attacking a person with intent to cause serious physical injury. The complaint was reported to State Police at 11:45 p.m. Thursday at a location on Caswell Road, Byron. Volkman was held in jail. No further details released.

Mary B. Thompson, 34, of Batavia, is charged with unlawful possession of marijuana. Thompson was charged by State Police based on an incident reported at 4:31 p.m. Nov. 15 on Pearl Street Road, Batavia.

A three-year legal battle for the owners of The Ridge (aka Frost Ridge Campground) appears to have come to a close with a state appeals court upholding prior court decisions allowing the campground to host live music concerts, rent campsites and run a restaurant.

The ruling was handed down today by the Supreme Court of New York, Appellate Division, Fourth Judicial Department.

David and Greg Luetticke-Archbell haven't missed a concert season since 2010, even though the legal challenges to their concert series -- Jam at the Ridge -- started in 2014 when the Town of Le Roy, and David and Mary Cleere, and Scott and Besty Collins, first brought legal action to stop live music at the campground.

They were able to continue after winning motions in 2014 to allow an already-booked season to go forward, and as they continued to win court decisions -- including a Sept. 2016 decision by Judge Emilio Colaiacovo, presiding at the time over Genesee County Supreme Court, that ruled in favor of the owners.

The Town of Le Roy had dropped out of the lawsuits after losing a prior decision.

At the heart of the defense of Luetticke-Archbell's use of the property is that Frost Ridge -- going back to the ownership of David Frost, father of Mary Cleere and Betsy Collins --and its campground long hosted live music, rented campsites and served food, and that these uses fit within the meaning of a recreational area. The property was used in this fashion, they argued, before the Town of Le Roy changed the area's zoning to residential-agriculture in the 1990s.

In ruling in favor of Luetticke-Archbell, the appellate division concluded that contrary to the plaintiffs' contention, the Zoning Board of Appeals did not reach an arbitrary and capricious decision when the board ruled that the owners' use of Frost Ridge was a prior, non-conforming use. The plaintiffs contended that the ZBA failed to follow its own precedent and did not explain their reasoning. 

"We reject that contention," the court ruled. "In 1998, the ZBA interpreted the Code to provide that a preexisting nonconforming use of land as a campsite runs with the land pursuant to section 165-13, notwithstanding section 165-39 (B), which requires that an existing campsite of record be brought into compliance with the Code upon being sold. Contrary to petitioners’ contention, the ZBA’s determination is consistent with that precedent."

The court ruled that there was substantial evidence for the prior, non-conforming use.

"That evidence included the affidavit of a former employee of Frost Ridge’s predecessor, who averred that the Property had been used for skiing and other recreational purposes since the 1950s," the court wrote. "He averred that he began working there in the 1960s and observed numerous recreational activities on the Property, including winter sports, live music, and campsite rentals."

It's common sense, the court concluded that the term "campsite" includes recreational activities, which might include live music, and this definition complies with the Town's own codes.

"The ordinance does, however, require that any large campsite “provide a common open area suitable for recreation and play purposes” (§ 165-39 [C] [8]), and thus expressly contemplates that a campsite is a place for recreation," the court ruled.

"Although the kind of recreation is open to interpretation, it is rational in our view to conclude that live music, along with swimming and other outdoor activities, is the kind of recreation to be enjoyed at a campsite."

The court also cited evidence of witnesses who said live, amplified bands played every summer at the campground in the 1970s and 1980s, and the plaintiffs failed to prove that use ever stopped for an extended period of time to constitute a break in the prior, non-conforming use.

"Here, it is undisputed that the Property functioned continuously as a recreational facility and campsite since the 1950s," the judges wrote. "To the extent that petitioners contend that use of the Property to host live music was abandoned in 2008 and 2009, we note that there is evidence in the record that live concerts were hosted on the Property during those years."

Photo: File photo of David and Greg Luetticke-Archbell

A natural gas leak is reported at Le Roy High School, 9300 South Street Road in Le Roy. Le Roy Fire Department is dispatched.

UPDATE 12:42 p.m.: RG&E has an ETA of 15 minutes.

UPDATE 12:47 p.m.: The leak is thought to be in a gas line by the sports field, access off Summit Street.

Michael Alan Shetler, 27, of Judge Road, Oakfield, is charged with two counts of second-degree strangulation, five counts of criminal obstruction of breathing, two counts of third-degree assault, unlawful imprisonment, 2nd, and two counts of criminal mischief, 4th. Shetler was arrested following an investigation by Deputy Kevin Forsyth and Deputy Richard Schildwaster into several complaints of domestic violence at a location on Main Street, Oakfield. Shetler was also charged with endangering the welfare of a child. He was jailed on $5,000 bail.

Nicole Leanne Williams, 25, of Kings Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Williams was stopped at 2:45 a.m. Sunday on Quaker Hill Road, Elba, by Deputy Howard Wilson.

Amy R. Sellhorst, 31, of Beaufort Street, Rochester, is charged with harassment, 2nd. Sellhorst is accused of hitting another person at a location on York Road, Le Roy, at 10:37 p.m. on Saturday.

Jason William Wolf, 41, of West Main Street Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, driving a vehicle without an interlock device, and improper left turn. Wolf was stopped at 8:23 p.m. Thursday on West Main Street Road, Batavia, by Deputy Richard Schildwaster.

Jaclyn Kathryn Blackmer, 32, of Cabot Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, open container, driving left of pavement markings, and moved from lane unsafely. Blackmer was stopped at 2:33 a.m. Saturday on Main Road, Pembroke by Deputy Mathew Clor.

Joseph M. Smith, 41, of State Street, Batavia, was arrested on a warrant. Smith posted bail and was released.

Alaysia L. Henderson, 18, of Gardiner Avenue, Rochester, was arrested on a warrant for alleged failure to appear. Henderson was released on $500 bail.

Christina R. Aaron, 21, of Rochester, is charged with unlawful possession of marijuana and speeding. Aaron was stopped by State Police at 11:51 p.m. Friday on Route 33, Bergen.

Heather M. Captain, 31, of Basom, is charged with harassment, 2nd. Captain was arrested by State Police in relation to an incident reported at 8:35 p.m. Aug. 27 in the Town of Alabama. No further details released.

Crystal D. Cardona, 27, of Bergen, is charged with unlawful possession of marijuana. Cardona was stopped by State Police at 1:55 p.m. Nov. 7 on Route 33, Bergen.

Press release:

"Jinglin' All the Way Festive 5K Run/Walk" will be held in Le Roy beginning at 3 p.m. on Saturday, Dec. 2. Check-in/registration is at the Masonic Temple, located at 21 Bank St.

Proceeds from the event benefit a Le Roy charity; this year's recipient is the Le Roy Pantry & Help Fund Inc.

Cost to register is $20 per adult, plus a toy donation for the Le Roy Pantry. Cost on race day is $25. Students pay $10 to preregister, plus a toy.

There will be a Jinglin' Post-race Party, graciously hosted by Farmer's Creekside Tavern & Inn, which will provide food, drink specials and music. The race is held in conjunction with the Le Roy Winterfest, which culminates with Santa lighting the Christmas tree in the center of the Village.

There will be a raffle for a basket valued at $75. Every nonperishable food item donated gets you one ticket for this basket raffle.

Go to TRItheOatka.com to register and see details.

The event is sponsored by the Tri the Oatka Committee.

About the committee:

About seven years ago, a group of friends got into a fitness regime. They participated in 5K run events in local areas. They made a day of the occasion because they enjoyed the sense of achievement they felt when they crossed the finish line. They always ran for charities or causes: breast cancer, leukemia, hemophilia, melanoma or some type of memorial run.

This made race day a win-win for all. The 5K runs quickly turned into 10K runs. Shortly after, they were purchasing road bikes and then swimsuits, goggles and wetsuits. They were transformed into Triathletes.

In 2011, they agreed that Le Roy was a great place to host such an event. They decided to take advantage of the beautiful Oatka Creek with a canoe / kayak event to replace the swim. And so….the “TritheOatka” was born; 5K run, 13-mile bike, 1.6-mile canoe or kayak. Thirty-eight teams competed that first year, doubling in year two.

The event continues to grow and the Jinglin' all the Way Festive 5K is now added.

Proceeds from the committee's events are always given back to the Le Roy community. The Le Roy Community Pool, LCCP, Sunshine Nursery School, Love Bugs Pre-K Program, the Le Roy Pantry & Help Fund Inc., Grace’s Kitchen, and Le Roy Nursery School have all benefitted. 

More so, though, it is the school that has benefitted. Since 2014, $4,000 has been awarded to Le Roy seniors for the Tri the Oatka Scholarship fund.

The committee has given to the Back-Pack program and again donated $1,000 for this school year.

Working with Joanne Hyde, they have purchased headsets for the grade school for all the computers in both labs, and purchased 100 pair of ear buds for kids who couldn’t afford their own. In 2015 they donated funds to the Ecology Club for their trip to Yellowstone. They will also be funding Mrs. Horgan’s CPR class this year and plan to continue helping with the expense of this program as long as funds allow.

Hoping for Your Support

"We are hoping we can have your support with encouraging students and staff to participate in our December 2^nd 5K either by running, walking or volunteering. ... The Le Roy Pantry receives the donated toys and nonperishables from this event and it is a great and affordable way for our kids to help make a difference to many people in our own community.

"We hope we can count on you to continue helping our students and our community."

Sincerely,

Gabrielle & Scott Keister                                                                        Karen & Steve Samis

Tami & Pete Loftus                                                                                 Amy & Dan Vanderhoof

Veterans Day was originally known as Armistice Day, the day the war to end all wars ended, Nov. 11, 1918. After more wars, Armistice Day became Veterans Day, the day we honor all of those who served to defend freedom.

Today's ceremony in Le Roy included guest speaker Ret. USN Commander Robert “Bob” Kettle, who now lives in Seattle with his wife and 2-year-old daughter.

The 1984 Le Roy High School graduate spoke about the sacrifices Le Roy residents made during The Great War.

The honor roll includes:

• George K Botts, Private, Co G, 7th Infantry, 3rd Division. Killed in action near Fossoy, France, July 15, 1918. Age 23.
• Cecelia J Cochran, Nurse volunteer, U.S. Public Health Service. Died of influenza and pneumonia in a military camp hospital, Huntsville, Ala., Oct. 15, 1918. Age 24.
• Errol D Crittenden, Private, HQ Co, 312th Engineers, 87th Division. Died of pneumonia at Camp Grange-Neuve, Bordeaux, France, Oct. 15, 1918. Age 31.
• Thomas C Illes, Private, Co G, 74th NY Infantry. Killed when struck by a trolley in Buffalo, Sept. 8, 1917. Age 22.
• Edward L Kaine, Private, Co B, 59th Infantry, 4th Division. Died of pneumonia in a hospital at Aix-les-Bains, France, Nov. 9, 1918. Age 28.
• Patrick Molyneaux, Private, Co A, 59th Infantry, 4th Division. Killed in action near the Bois de Brieulles, France, Sept. 30, 1918. Age 29.
• Edgar R Murrell, Private, Btry D, 307th Field Artillery, 78th Division. Died of pneumonia and diphtheria in a military hospital near Winchester, England, March 29, 1918. Age 27.
• George F Ripton, Private, Co C, 3rd Provisional Battalion, Engineers. Died of influenza and pneumonia at Fort Benjamin Harrison, Indiana, Oct. 10, 1918. Age 28.
• Alvin A Smith, Private, Co A, 108th Infantry, 27th Division. Killed in action near Hindenburg Line east of Ronssoy, France, Sept. 29, 1918. Age 17.
• John R Wilder, Sergeant, 50th Aero Squadron, U.S. Signal Corps. Died of pneumonia in an Army hospital at Baltimore, Md., Jan. 11, 1918. Age 27.

Source: The County and the Kaiser: Genesee County in World War I.

A minor injury accident involving a motorcyclist and pickup truck is reported on Harris Road in Le Roy.

A pickup truck attempted to make a left-hand turn into a driveway on Harris Road, west of Asbury Road, when an oncoming motorcyclist struck it head on.

Le Roy fire, Mercy medics and Sheriff's deputies are on scene. The driver of the pickup was uninjured; the motorcyclist is being evaluated.

The following is a schedule of Veterans Day ceremonies in Genesee County:

Friday, Nov. 10:

• Noon -- Genesee Community College; Located at 1 College Road, Town of Batavia

Saturday, Nov. 11:

• 9 a.m.-- Genesee County Park & Forest (Vietnam Veterans of America); Located at 11095 Bethany Center Road, East Bethany
• 10 a.m. -- Batavia VA Medical Center; Located at 222 Richmond Ave., Batavia
• 10:15 a.m. -- NYS Vets’ Home; Also located at 222 Richmond Ave., Batavia
• 11 a.m. -- Emory Upton Monument; Located at the junction of Main Street and Ellicott Street (the fork in the road) in Downtown Batavia
• 11 a.m. -- Trigon Park, Le Roy; Hosted by Le Roy American Legion, will include remarks by Ret. USN Commander Robert “Bob” Kettle
• 11:30 a.m. -- Jerome Center (UMMC); Located at 16 Bank St., Batavia

Organizations Participating

Genesee County American Legion

Veterans of Foreign Wars of Genesee County

Marine Corps League – Hansen Brothers Detachment

Disabled American Veterans – Chapter #166

Vietnam Veterans of America – Chapter #193

American Legion Botts Fioritto Post #576

Genesee Community College

"Honor, respect and guard your freedom for it comes from the BLOOD of those who gave their life for it."

Adam J. Gill, 29, of East Main Street, Batavia, is charged with DWI, two counts of burglary, and menacing, 2nd. At 1:31 a.m. Tuesday, Gill allegedly entered a residence in the Village of Elba and displayed a knife. After a brief struggle with the occupants, the intruder was disarmed and he left the residence without further incident. Gill was known to the residents. They did not sustain any injuries. Gill was located on Oak Street in Batavia and charged with DWI. He was jailed on $50,000 bail, $10,000 bond.

Lamar Iteef Randall, 32, of Walnut Place, Batavia, is charged with aggravated unlicensed operation, 1st, obstructed license plate, and unlawful possession of marijuana. Randall was stopped at 4:35 p.m. Monday on Veterans Memorial Drive by Sgt. Ron Welker.

Shaun Michael Brennan, 23, of Brookedge Drive, of Hamlin, is charged with DWI, refusal to breath test, and speeding. Brennan was stopped at 7:18 p.m. Monday on North Lake Road, Bergen, by Deputy Ryan DeLong.

Jeremy John Schraufstetter, 40, of Leroy Street, Cheektowaga, is charged with felony DWI and felony driving with a BAC of .08 or greater. Schraufstetter was stopped at 1:43 a.m. Oct. 28 on Route 20, Darien, by Investigator Chris Parker.

David S. Rigoni, 38, of Pavilion, is charged with operator impaired by drugs and moving from lane unsafely. Rigoni was stopped by State Police at 3:41 p.m. Tuesday in Le Roy.

There are two town council seats and one town justice seat that Le Roy residents will vote for on Tuesday.

John Duyssen and Mike Welsh are running for town justice, and Ninja-Aileene Calhoun, James Farnholz, Dave Paddock and Rob Stiles are running for town council.

Duyssen is one of several generations that has lived in Le Roy, and does not plan on going anywhere. He has been an active member of law enforcement, working all crime levels from felonies to violations, successfully prosecuting many cases. He retired from the Sherriff’s Office two years ago and said the position seems like a good fit.

“I’m pretty well respected by all the law enforcement agencies, prosecutors, and defense attorneys,” Duyssen said.

As a town justice, the best thing to do is interpret the law and be prepared, Duyssen said.

“We need an unbiased view, to interpret the law on a case by case basis, and be prepared for every case that enters the courtroom,” Duyssen said.

Duyssen said ethics and standards are important as a town justice.

“I have a very sincere interest in the protection of my community.”

Welsh has served as the incumbent judge in Le Roy for the past four years. He was also a member of the Genesee County Legislature for 21 years, the village attorney for 17 years, and a practicing attorney for 40 years.

“I like being the judge and I am trying to do a good and honorable job with it,” Welsh said.

If elected, Welsh would like to accomplish fairness and justice in Le Roy, making the community a safe and secure place.

“I think it’s a very good thing to do, to be the judge in the town,” Welsh said. “You can help the community, you can do justice by applying the law to the facts.”

It is important to Welsh, to not bring prejudice to the bench.

“I try to honor the Constitution of the U.S. and New York by applying the law,” Welsh said. “I want to be fair, not prejudice, and hear each case based on its merits, and I think I do that.”

Farnholz has lived in Le Roy for the last 30 years with his wife and two children. He taught Social Studies at Le Roy High School for 32 years and was the Le Roy teachers' associate president for many years, coaching football, wrestling and tennis.

“I always enjoyed Le Roy and love working for the community,” Farnholz said. “Le Roy is a great community.”

As the teachers' association president, Farnholz said he has experience negotiating contracts, working with budgeting, personnel and other issues, which will help him serve the community well.

“As with any community there are certainly things and issues that need to be addressed and I thought I could help to address those issues,” Farnholz said. “Our main focus is to be fiscally responsible.”

Although Stiles and his wife both work in Rochester daily, they live in Le Roy. Stiles has worked for an asphalt maintenance company and owns his own snow removal business.

“We always get questioned on why we did it, and we say, ‘We just love our town,’ ” Stiles said.

He was approached by the mayor to run after there was a last-minute vacancy on the ticket.

“[Greg Rodgers] needed someone to run, and though I would be interested and that I was qualified,” Stiles said.

With his business experience, Stiles said he would like people to understand that there are consequences to changes in a business.

Multiple attempts were made to reach candidates Ninja-Aileene Calhoun and David Paddock, and they did not make themselves available for an interview.

The 5th Annual Traditional Martial Arts Association Tournament was held Saturday at Le Roy High School and at noon, organizers presented a breaking demonstration.

The event was presented by Soke William Cavalier (Livonia Tatsu Do School), Hanshi Dick Borrell (Borrell’s Karate Academy in Batavia), and Renshi Fred Merica (Le Roy Karate & Self Defense Center/ Main Street Fitness). 

Information provided by Jeanice Howard, of the American Legion Ladies Auxiliary, Botts-Fiorito American Legion Post 576, Le Roy:

Consider buying a brick for Christmas. The Veterans Memorial Brick Program is a great way to honor a special veteran in your life by engraving a brick with their name. These make meaningful gifts.

This practice of pride provides a place of honor and reflection for veterans, their family and friends, and those who desire to show their respects to those service men and women who have and continue to boldly serve our county.

A 4-inch-by-8-inch engraved brick costs $50 (with wording space for 40 characters); an 8-ich-by-8-inch engraved brick costs $100 (with wording space for 60 characters).

The Botts-Fiorito American Legion Post 576 in Le Roy has been host to numerous events through the years, such as card games, bingo, breakfasts, holiday celebrations, bowling and the site is available to the community for wedding parties and local churches in time of need.

For information or questions, call Brick Committee Chair -- Jerry Diskin 585-721-3076.

To visit Le Roy's Post 576 online, click here:

To view a copy of the order form to buy a Veterans Memorial Brick from the Botts-Fiorito American Legion Post 576, click here.

You can print it out, fill in the blanks, then mail it with your check to the Legion in Le Roy. Checks should be made payable to American Legion Post 576. All the details, including the address, are on the form.

Jeffrey L. Barr is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Oct. 13 while at 4140 Veterans Memorial Drive in the Town of Batavia that Barr intended to commit the crime of second-degree murder. Specifically, he allegedly intended to cause the death of another person by stabbing the intended murder victim multiple times with a knife. In count two, Barr is accused of first-degree assault, another Class B violent felony. It is alleged in count two that Barr intended to cause serious physical injury to another person and caused such injury by means of a deadly weapon or dangerous instrument -- a knife.

Daniel L. Green is indicted for the crime of unlawful surveillance in the second degree, a Class E felony. It is alleged that on April 25 in the Town of Le Roy that Green -- for his own sexual arousal or gratification -- did intentionally use or install an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of a person at a time when she had a reasonable expectation of privacy. He allegedly did so without the person's knowlege or consent.

Kevin L. White is accused of the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 31 in the City of Batavia that White unlawfully possessed a narcotic drug with intent to sell it. In count two, he is accused of the crime of escape in the third degree, a Class A misdemeanor, for allegedly escaping from custody on May 31 in the city.

Marcos Cacho-Velaz is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Sept. 23 in the Town of Alexander that Cacho-Velaz drove a 2006 Chrysler north on Route 98 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 23, the defendant knew or had reason to know that his driving privilege was suspended, revoked or otherwise withdrawn by authorities and he was allegedly driving under the influence for alcohol or a drug at the time. In count three, he is accused of refusing to submit to a breath test requested by Sheriff's Sgt. Jason Saile. In count four, he is accused of failure to dim headlights. He allegedly failed to dim his headlights when a vehicle with headlamps was approaching ahead from within 500 feet, so that dazzling light interfered with the driver of the approaching vehicle when no exception to dim the lights was applicable. In count five, Cacho-Velaz is accused of consuming or possessing alcohol in a motor vehicle.

Austin Lee Wester, 23, of Pratt Road, Batavia, is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. Police responded to the area of 21 Ross St., Batavia, at 11:13 a.m. Wednesday after a postal carrier reported observing a person who "appeared to be on something and suspicious." It was also reported that Wester walked around to the back of a residence and appeared to be casing the residence. He was jailed on $20,000 bail or $10,000 bond.

Stacey Lynne Ives, 38, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and unreasonable speed. Ives is accused of driving a vehicle that struck a parked semi-trailer in the area of 2200 Angling Road, Pembroke, at 3:06 a.m. Sunday. When deputies arrived on scene, Ives was reportedly out of the vehicle and walking around. She was treated at the scene by Mercy EMS and released with no reported injuries. The accident was investigated by Deputy Ryan Young.

James M. Rossiter, 35, of Clifton Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to signal, failure to use headlights, moving from lane unsafely. Rossiter was stopped at 1:04 a.m. Sunday on North Spruce Street, Batavia, by Officer Mitchell Cowen.

Michael J. DiFalco, 29, no permanent address, is charged with petit larceny. DiFalco was arrested on a warrant for an alleged theft that occurred at 7:30 p.m. Sept. 24 at 41 S. Main St., Batavia. He was jailed on $5,000 bail or $10,000 bond.

Danielle Elizabeth Cummings, 39, of Batavia Oakfield Townline Road, Batavia, was arrested on a warrant. Cummings was taken into custody at Wayne County Jail by Batavia PD and returned to the City of Batavia for arraignment in City Court. She was jailed on $2,500 bail. No information released on the charges contained in the warrant.

Geoffrey M. Anderson Jr., 52, of Wood Street, Batavia, is charged with criminal trespass and second-degree harassment. Anderson was allegedly in a building at Batavia Middle School without authorization at 10:14 p.m. on Friday. While being escorted from the building, Anderson allegedly pulled away forcefully from a security aide and made threatening statements.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with disorderly conduct. Bartholomew is accused of directing obscene language at City of Batavia residents while in a vehicle in the area of 6 Orleans Ave., Batavia, at 3:44 a.m. Wednesday. 

Michael Charles Friedman, 60, of Quarry Hill Estates, Akron, is charged with DWI, driving with a BAC of .18 or higher, and possession of an open container in a vehicle. Friedman was stopped at 1:45 a.m., today, on Macomber Road, Alabama, by Deputy Mathew Clor.

Daniel Edward King, 41, of Alleghany Road, Pembroke, is charged with criminal trespass, 3rd, disorderly conduct, and unlawful possession of marijuana. King allegedly returned to Batavia Downs at 5:37 p.m. Saturday after being told to leave, and using obscene language causing public alarm. He was jailed on $1,000 bail or $20,000 bond.

Cindy M. Auberger, 54, of Keitel Road, Albion, is charged with felony DWI, drinking alcohol in a vehicle on a public highway, refusal to take a breath test, and unlawful of possession of marijuana. Auberger was allegedly found in a vehicle parked roadside at 12:37 a.m. Sunday on Clinton Street Road, Batavia, by Deputy Jenna Ferrando.

John A. Petronio, 35, of Long Bridge Road, Albion, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. Petronio was allegedly found in possession of an electronic stun gun at 1:57 a.m. Friday at a location on Lake Street Road, Le Roy.

Matthew Scott Williams, 29, of Hundredmark Road, Elba, is charged with petit larceny and auto stripping. Williams is accused of stealing catalytic converters from vehicles at a residence on Hundredmark Road, Elba. He is also charged with grand larceny, 4th, and falsifying business records, 1st. He is accused of selling a vehicle for scrap when he was not the owner of the vehicle had no night to sell the vehicle. He allegedly produced documents purporting to show he was the owner of the vehicle. The alleged theft was reported Sept. 28 on Clinton Street Road, Bergen.

Minnie M. Henry, 29, of Batavia, is charged with petit larceny. Henry was arrested by State Police for an alleged theft reported at 3:33 p.m. Aug. 22 at a location in the Town of Batavia. No further details released.