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Phone calls, intercepted letter, and witness testimony add new detail to Dunn trial on Day 3

By Camryn Brookhart
edward dunn
Edward Dunn

Norman Dubois was sitting on his couch, watching TV in his Middleport apartment, when Edward Dunn and Katherine Henry left the property. Hours later, he knew they had returned by the frantic pounding on his door. 

On the third day of testimony in the trial of Edward A. Dunn, jurors heard from witnesses as prosecutors continued to build their case using jail phone calls, intercepted mail, and personal accounts tied to the days preceding and following the death of 59-year-old Michael Poole.

One witness called on Friday was Lieutenant Christopher Caulfield, the interim jail superintendent in Orleans County. In his testimony, Caulfield authenticated two phone calls made by Dunn from the county jail, both on April 13, 2024.

Both calls were made to Katherine Henry.

“Oh my god, remember that game of hide and seek we played where I found you?” Henry asked Dunn in the second call.

“They found it?” Dunn asked.

“Yeah,” Henry responded. “I’m not comfortable on the phone.”

In addition to the phone calls, the prosecution introduced evidence in the form of a letter intercepted from Dunn to Henry. The letter was not opened until a warrant was signed to do so, and was opened by Genesee County Investigator Kevin Forsyth.

“I was informed on April 25th of 2024 that the letter was located,” Forsyth said.

He received the letter personally on April 29, still sealed.

When he opened it, he found five double-sided pages written by Dunn, with dates written sporadically throughout, indicating that the letter had been written over an extended period.

The handwritten letter included statements about wiping fingerprints from a bag and concerns about whether phone calls had implicated Dunn.

“He had indicated that, ‘I hope the phone calls didn’t f*** me,’” Forsyth recalled regarding the contents of the letter.

Forsyth also assisted Investigator Ryan DeLong in obtaining a search warrant for Poole’s cell phone to determine its location on the date of his death. RTT data from March 17, 2024, the day Poole died, placed the device traveling from the Rochester Road residence where Dunn and Henry had been staying toward areas in northern Genesee County where Poole’s body was later discovered.

Multiple witnesses placed Dunn and Henry at the Rochester Road residence in Middleport in the days before Poole’s death. Norman Dubois, who allowed Dunn and Henry to stay with him at that address, testified that when he met Dunn, Dunn was introduced as “Mike.” Dubois also testified that, although they had agreed to do so, Henry and Dunn paid no rent or other agreed-upon expenses.

Dubois testified that on March 17, Dunn and Henry left the apartment midday.

“Doing laundry or something,” was the reason Dubois gave the court for Dunn leaving.

They were gone for a couple of hours, Dubois said. He became aware of their return when he heard Henry frantically pounding on the apartment door.

“Frantic, upset, scared” was how Dubois described Henry’s demeanor when he let her inside.

The day’s testimonies concluded with Robert Mesler, the owner of Wild Rides repair shop on Ridge Road in Medina. Mesler’s then-girlfriend, Joselyn Burner, is the stepsister of the defendant, Edward Dunn.

Between 8:00 and 9:00 p.m. on March 17, 2024, Mesler recalled a car pulling into the driveway of his shop as he and his sons were inside.

“I told my two boys, I said that’s the vehicle that was involved with the laundromat robbery in Lyndonville,” Mesler said.

When he and his sons went outside, they saw Dunn outside the vehicle, looking through the windows of the repair shop.

When Mesler asked Dunn what he wanted, Dunn said he was there to speak with Burner.

“In nice words, I’ll say that I asked him to leave, that I didn’t want him there,” Mesler said.

Dunn returned to the car and got into the rear driver’s-side seat. Mesler then approached the vehicle and tapped on the window. The face revealed when the window was rolled down was that of Norman Dubois. Mesler noted that someone else was seated in the rear passenger seat. He didn’t recognize the individual, but said they appeared to be female.

Dubois then backed out of the driveway, Mesler testified, and the vehicle headed west on Ridge Road toward Niagara County.

The first witness of the day was Sgt. James Diehl, an investigator with the Sheriff's Office. 

While Diehl was involved with the case on the day Poole's body was found, much of his testimony focused on a search of the residence of Dubois on March 28, 2024. 

Diehl used a bed band headboard to climb into a crawl space in the attic. 

He testified that after less than a minute after looking into the attic, he spotted a knife and a shell casing. He noticed that most of the insulation in the attic was covered in dust and soot, except the area within a few feet of the ceiling opening into the attic. 

He also found a rifle partially concealed in the insulation, along with a baggie containing more ammunition.

The casing looked to be .22 caliber, he said.

When he inspected the rifle closer, he said he spotted what looked like fingerprints on the receiver.

He notifed fellow investigator Joseph Loftus. While he bagged the smaller evidence, he didn't have a bag large enough for the rifle.

Asked if Loftus was wearing gloves when Diehl handed the rifle to him, Diehl responded quickly, "I wouldn't have handed it to him at the time if he wasn't (wearing gloves)."

Diehl was responsible for logging the evidence, tagging it, and storing it, and eventually transferring it to the crime lab in Monroe County.

During cross-examination, he described the rifle as "break action," meaning it opens where the barrel and receiver meet for loading.  It was a single-shot rifle, he said, meaning it had to be opened and loaded for each shot it fired.

Howard Owens contributed to this story.

Prosecution pieces together more of its narrative on third day of Edward Dunn trial

By Camryn Brookhart
edward dunn
Edward Dunn

“Approximately 40, 50 times.”

That was Travis Helmer’s response when asked by the prosecution how many times he knocked on the door of the Rochester Road, Middleport residence where Edward Dunn had been staying on March 25, 2024. 

Helmer is an investigator with the New York State Department of Corrections.

On the second day of testimony in the Edward Dunn murder trial, jurors heard from multiple investigators at both the county and state level, as well as from Dr. Nadia Granger, the Monroe County medical examiner. Piece by piece, a narrative of events was assembled for the jury to consider.

Dr. Granger was the first to take the stand. She testified that she performed an autopsy on Michael Poole on March 20, 2024. Poole, she explained, had suffered three gunshot wounds—two entering beside his right ear and one entering near the outer corner of his right eye.

Granger stated that the cause of death was a gunshot wound to the head. All three shots were fired from within a distance of six inches, as indicated by soot patterns found in the wounds. She confirmed that Poole was alive after at least one of the shots, noting that blood had entered his airway and lungs.

“Mr. Poole’s lungs had areas of dark pooling within the lung tissue,” Granger said, adding that the red pooling she observed was consistent with blood from the airway.

When asked by the defense to review the toxicology report, Granger confirmed that Poole had evidence of cocaine and its byproducts in his system, along with two byproducts of marijuana and methamphetamine.

Following Granger’s testimony, several law enforcement officers described the March 25 arrest of Dunn on an outstanding warrant, as well as the March 28 search of the Rochester Road apartment.

Matthew Garber, an investigator with the Fugitive Investigation Unit at the New York State Department of Corrections, testified that he assisted in locating Dunn. Along with Helmer, he knocked on an apartment door, waiting for someone to answer.

“The door was locked,” Garber said. He explained that officers could not force entry because the apartment was not Dunn’s personal residence.

Eventually, Norman Dubois, the leased occupant of the apartment, came downstairs and stated that another person was still inside. That person was Katherine Henry. After Henry came downstairs, Dubois gave officers permission to enter the second-floor apartment.

Upstairs, the investigators found four rooms. In the last room they searched, they discovered a hole in the ceiling—covered by a flag—that led to a two-by-two-foot crawlspace. When they removed the flag, it became clear someone was inside.

“Whoever’s up there, can you make yourself known?” Helmer recalled saying.

It took 10 minutes for Dunn to respond, and five more for him to come down. He was cooperative once he emerged from the crawlspace.

On March 28, three separate search warrants were executed at the same property by officials from Genesee, Orleans, and Niagara counties.

“I intrusively started searching the upstairs bedroom of that apartment,” said Genesee County Sheriff’s Office Investigator Ryan DeLong.

In that bedroom, DeLong found a white pair of FILA sneakers that he recognized from surveillance footage related to a recent burglary. He believed the shoes were linked to other crimes in Genesee and nearby counties.

Outside, investigators searched through garbage located near the entrance to the upstairs apartment. They laid a tarp on the ground and emptied each trash bag onto it. In one bag, they found a spent .22 caliber casing. Another casing of the same caliber was found later. Both bore the letter “A” and were collected as evidence.

DeLong confirmed they also found used black nitrile gloves in the trash—gloves that law enforcement commonly use at crime scenes.

However, defense attorney Paul Vacca challenged the implication.

“People use nitrile gloves to cook, correct?” Vacca asked.

“Correct,” DeLong replied.

The day concluded with testimony from Investigator Brian Marsceill of the Orleans County Sheriff’s Office. Marsceill became familiar with Dunn while investigating a March 13, 2024, burglary of a laundromat in Lyndonville.

Though his presence at the Rochester Road residence was related to the burglary case, Marsceill assisted during the March 28 search.

“I was present while Genesee County did their work,” he testified.

Testimony will resume Friday at 9:15 a.m.

Law and Order: Batavia man charged with assault and strangulation in separate incidents

By Howard B. Owens
dominic dyer
Dominic Dyer

Dominic J. Dyer, 20, of Batavia, was arrested May 19 and charged with assault 2nd and endangering the welfare of a child. Dyer allegedly punched another person multiple times in the presence of a child during a fight on Liberty Street. He was also charged with strangulation 2nd and harassment 2nd in connection with a separate incident on April 20 on East Main Street, where Dyer allegedly strangled another person during a fight in the parking lot of the Mobil gas station. Dyer was arraigned in CAP Court.

Jadeyn R. Goras, 22, of Alabama, was arrested May 15 and charged with burglary 2nd, conspiracy 4th, criminal mischief 4th, and criminal facilitation 4th. Goras was charged in connection with a burglary on Hutchins Street on Jan. 12. He was arraigned in CAP Court and is due in Batavia City Court at a later date.

Anthony A. Bomasuto, 31, of Batavia, was arrested May 18 and charged with burglary 2nd and criminal contempt 2nd. Bomasuto allegedly entered the victim’s residence in violation of an order of protection. He was arraigned in CAP Court and remanded to Genesee County Jail.

Lakeisha A. Gibson, 38, of Batavia, was arrested May 19 and charged with criminal contempt 1st. Gibson allegedly violated an order of protection. She was arraigned in Batavia City Court and remanded to Genesee County Jail.

Meaghan A. Conti, 38, of Rochester, was arrested May 27 and charged with criminal possession of a controlled substance 7th. Conti was allegedly found in possession of narcotics while being arrested on an unrelated warrant. She was arraigned in Batavia City Court and released under supervision.

Gary A. Rhim, 64, of Albion, was arrested May 29 and charged with criminal possession of a controlled substance 7th. Rhim was allegedly found in possession of narcotics during a traffic stop on Aug. 12, 2024. He was arraigned in Batavia City Court and released.

Elise C. Maddox, 31, of Batavia, was arrested May 31 as a fugitive from justice. Maddox was located during a traffic stop and taken into custody on a warrant out of Gwinnett County, Georgia. She was arraigned and remanded to Genesee County Jail to await extradition.

Jacalyn J. Klein, 66, of Batavia, was arrested May 30 on a warrant. Klein was initially charged with harassment 2nd after an incident on East Main Street where she allegedly struck another person. The warrant was issued after she failed to appear in court. She was arraigned in CAP Court and is due in Batavia City Court at a later date.

William D. Gamble, Nefetiria L. Turner, Passiona C. McConnell, and Anthony J. Terry were arrested on May 27 and charged with disorderly conduct. The arrests followed an investigation into a fight on South Main Street. All four were issued appearance tickets and released.

Joey A. Evans, 34, of Batavia, was arrested May 29 and charged with harassment 2nd. Evans allegedly threatened another person during an altercation on Jackson Street. He was issued an appearance ticket and released.

Alicia M. Lyons, 45, of Batavia, was arrested May 26 and charged with trespass. Lyons allegedly went onto the property of a business on Jackson Street where she had previously been trespassed. She was issued an appearance ticket and released. Lyons was also arrested May 12 and charged with harassment 2nd after allegedly threatening another person during an altercation on West Main Street. She was issued an appearance ticket and released.

Justine D. Wood, 38, of Batavia, and Austin A. Heideman, 27, of Batavia, were arrested May 23 and charged with criminal possession of a controlled substance 7th. Wood and Heideman were charged following a traffic stop on West Main Street, where they were allegedly found in possession of narcotics. Both were issued appearance tickets and released.

Thomas J. Claffey, Lisa R. Richmond, and Carl T. Amesbury were arrested May 22 and charged with criminal possession of a controlled substance 7th. The three were charged following a traffic stop and K9 deployment on River Street, where they were allegedly found in possession of narcotics. Richmond was additionally charged with criminal use of drug paraphernalia 2nd, and Amesbury was additionally charged with tampering with physical evidence. All three were issued appearance tickets and released. Claffey was also arrested May 12 and charged with DWI after allegedly being found intoxicated and sleeping at the wheel of a vehicle. He was issued several traffic tickets and is due in court May 27.

Amanda M. Garcia, 30, of Brockport, was arrested May 21 and charged with driving while ability impaired by drugs. Garcia was charged after a traffic stop on East Main Street. She was issued an appearance ticket and released.

Dennis R. Peters, 68, of Batavia, was arrested May 20 and charged with menacing 2nd. Peters allegedly threatened another person with a metal pipe during an argument on West Main Street. He was arraigned in Batavia City Court and released. He is due back in court June 18.

Brandon M. Kirby, 32, of Batavia, was arrested May 18 and charged with criminal mischief 4th. Kirby allegedly took a cell phone from the victim in an attempt to prevent them from calling 911 during a domestic dispute. He was arraigned in CAP Court and released.

Anthony G. Cicoria, 56, of Caledonia, was arrested May 20 and charged with petit larceny. Cicoria allegedly stole a cowboy hat from the 7-Eleven on East Main Street. He was issued an appearance ticket and released.

Benjamin A. Rachow, 42, of East Bethany, was arrested May 12 and charged with criminal contempt 2nd. Rachow allegedly had contact with the protected party of an order of protection. He was issued an appearance ticket and released.

Dawn Orlando, 55, of Batavia, was arrested and charged with offering a false instrument for filing 1st, grand larceny 4th, and welfare fraud 4th. Orlando is accused of failing to report money received from babysitting, friends, and access to cash app accounts, which allegedly resulted in her receiving $2,257.50 in public assistance benefits she was not entitled to. The charges stem from an investigation by Genesee County Social Services Investigator Sherri Sibley. Orlando was arraigned in Batavia Town Court and released on her own recognizance.

Michelle Mault, 39, of Corfu, was arrested and charged with welfare fraud 3rd, grand larceny 3rd, and two counts of offering a false instrument for filing, all felonies, as well as welfare fraud 5th, a misdemeanor. Mault allegedly failed to report income from employment, resulting in a SNAP overpayment of $3,705 and a HEAP overpayment of $441. The charges follow an investigation by Social Services Investigator Robert Riggi. Mault was arraigned in Batavia Town Court and released on her own recognizance with a return date.

Joseph M. Tornabene, 33, of Batavia, was arrested June 5 and charged with criminal contempt 1st. Tornabene allegedly violated an order of protection by calling the protected party while incarcerated at the Genesee County Jail. He was arraigned in CAP Court and is scheduled to return to Batavia Town Court at a later date.

Mary A. Virgilio, 50, of Batavia, was arrested June 5 and charged with harassment 2nd. Virgilio allegedly punched the victim in the face following a verbal altercation on State Street Road in the Town of Batavia. She was transported to Genesee County Jail and is due to appear in CAP Court on June 6.

Timothy J. Wenzel, of Batavia, was arrested June 1 and charged with four counts of forcible touching. Wenzel is accused of inappropriately touching another employee on four separate occasions at his place of employment, without the employee’s consent. He was held at Genesee County Jail pending arraignment in CAP Court.

Mary L. Seekins, 35, of Le Roy, was arrested June 8 and charged with aggravated DWI (operating a motor vehicle with a BAC of .18% or higher), DWI, moving from lane unsafely, and leaving the scene of a property damage accident. Seekins was charged following an investigation into a property damage accident on West Bergen Road in Bergen, where she allegedly drove off the road and struck several trees. She was released on traffic tickets and is scheduled to appear in Bergen Town Court on July 2 at 5 p.m..

Second day of Edward Dunn trial brings to light witness accounts and reactions from initial scene discovery

By Camryn Brookhart

A cell phone found ringing in the center console of a truck helped investigators quickly connect Michael Poole's death to two familiar names.

In the second day of testimony in the murder trial of Edward A. Dunn, jurors heard from eight witnesses who detailed the discovery and investigation of the body of 59-year-old Michael Poole, found dead in the bed of his own truck on March 19, 2024.

According to Genesee County Sheriff’s Investigator Kevin Forsyth, surveillance footage from a March 17 laundromat burglary in Barker showed Dunn and Katherine Henry, both known to have ties to Poole, exiting Poole’s black Chevrolet Silverado at the crime scene. Investigators later matched cell phone data to that location and time, confirming that Poole’s phone was present during the burglary and later remained stationary in Alabama until it was recovered alongside Poole’s body two days later.

The footage and cell phone data formed an early link between Poole, Dunn, and Henry, Forsyth testified. He said this evidence helped investigators begin narrowing down suspects just one day after the vehicle was discovered.

Poole’s body was found in Alabama, Genesee County. According to Forsyth, when he arrived at the snowy scene, the truck was facing north and was covered by a tarp. 

“The body was still buried under a good amount of stuff,” he said, “and it was frozen there, so it took a good amount of effort to get it off the bed of the truck.”

Forsyth testified that he found Poole’s phone in the center console after only ten minutes of being at the scene. 

“As I was taking photos of the vehicle, I heard the cell phone ringing,” he said. 

He also located Poole’s driver’s license inside a wallet found in his back pocket.

The case was initially referred to Genesee County by Niagara County authorities after a missing person report and investigation filed by Poole’s father, Gerald Poole, became a murder investigation. Forsyth said he was dispatched by then–Chief Deputy Joseph Graff and was the first Genesee County investigator to arrive on scene.

Investigators later traveled to Niagara County to learn more about Poole, who was from Olcott, and began canvassing the area to gather information from anyone who knew him. 

“We were starting from zero,” Forsyth said. “We wanted to get as much information about him as possible.” 

Interviews pointed repeatedly to Dunn and Henry, with Forsyth noting, “He would give Katherine Henry more rides than most people.”

A search warrant was later executed at a residence on Rochester Road in Middleport, where Dunn and Henry had been staying. Inside, officers found Norman Dubois, who was brought to the Orleans County Sheriff’s Office for questioning.

Henry was arrested earlier on March 19 at Lockport Hospital after overdosing. Investigator Forsyth testified that they feared she might overdose again before more evidence could be obtained, and opted to bring her into custody early.

The day the body was discovered, Niagara County Sheriff’s Captain Tracy Steen arrived at the scene after a vehicle linked to the missing person case pinged nearby. She described seeing blood in the front seat and a cluttered truck bed. About 20 minutes into the search, she received a call alerting her to the discovery of the body, which led to the case being handed off to Genesee County as a homicide.

Karen Lang, a certified legal medical investigator and coroner for Genesee County, testified that Poole’s body was mostly covered when she arrived. It had already been partially uncovered by a colleague, Don Newton Jr., but Lang helped remove the frozen body from the truck bed and turned it over to the Monroe County Medical Examiner.

Once the vehicle was towed to the Genesee County Sheriff’s garage, forensic analysis began. New York State Police Investigator Kyle Folts described using luminol to test the interior and exterior of the truck for traces of blood. The chemical glows blue when it reacts with hemoglobin.

“The glowing is presumptive evidence of blood,” Folts said during his testimony.

The chemical revealed glowing areas around the steering wheel, the driver’s seat, the bed liner, bed rail, and the fender, as well as in the bolts holding  Folts noted that the chemical can react to all blood, not just human, and admitted he was unaware of whether any confirmatory tests were later performed. No blood was detected on the roof, doors, or windows.

Back at the garage, Investigator Howard Carlson of the Genesee County Sheriff’s Office assisted in the vehicle inventory. He testified that the truck was filled with more items than any vehicle he had previously processed.

“This is the one that has had the most property I’ve seen inside a vehicle,” Carlson said.

He explained that the rear seat area was so densely packed it had to be divided and processed in two sections—unlike typical cases where it could be inventoried as a single unit. Carlson followed the vehicle as it was transported on a flatbed and later assisted in moving items while another officer took photographs. According to Carlson, he had seen a Wegmans gift card holder wedged between the driver’s seat and the center console; when he picked it up, a shell casing fell out. No removable items were swabbed for DNA or fingerprint analysis.

Opening statements delivered in Edward Dunn murder trial

By Camryn Brookhart
edward dunn
Edward Dunn

The murder of Michael Poole, a 59-year-old Olcott resident, was calculated and driven by paranoia, District Attorney Kevin Finnell told jurors on Tuesday during opening statements in the trial of Edward A. "Eddie" Dunn, the man accused of killing Poole and leaving his body in bed of a pickup truck in the town of Alabama.

Dunn has denied the charges against him.

According to Finnell's account of events, Dunn shot Poole in the head after suspecting him of knowing too much about a string of burglaries allegedly committed by Dunn and his friend, Katherine “Kat” Henry. 

Poole’s body was discovered on March 19, 2024, in Alabama in the bed of his own pickup truck, abandoned and buried under a pile of debris and towels. 

“Michael deserved to die. Why? Because he was a man who knew too much,” Finnell said to the jury in his opening remarks. 

He described the killing as an execution, saying Dunn, armed with a .22 caliber rifle, shot Poole multiple times before attempting to cover up the crime. 

The prosecution highlighted the timeline of events leading to Poole’s death, claiming that Dunn and Henry had been staying with Norman "Bud" Dubois in Middleport while committing burglaries across the region. 

On March 17, 2024, Henry allegedly called Poole for a ride for her and Dunn. They had known each other in the past. When they returned from scouting out a laundromat, the prosecution says, Dunn fatally shot Poole from the back seat of Poole’s truck. 

Evidence recovered includes shell casings, the murder weapon found in a crawlspace at Dubois’ home, and a fingerprint linking Dunn to the rifle. The truck was located on March 18, and Poole’s body was later found inside. 

The defense, led by attorney Casey Spencer, urged jurors to question the credibility of key witnesses, particularly Henry and Dubois, who she says are both unreliable due to their criminal histories and drug use. 

“You will not find physical evidence to support the narrative that’s been presented,” Spencer said. 

She stressed that Henry’s story changed only after she had been charged with second-degree murder. She also suggested that the evidence could have been tampered with in the three days that Henry and Dubois were alone in that house before a search warrant was issued. 

The defense also cast doubt on the forensic value of the fingerprint that was found on the rifle, arguing that it cannot be said that was the last time that Dunn handled the weapon. 

The case will resume Wednesday at 9:15 a.m., with further testimony from law enforcement, forensic experts, and key witnesses, including Henry and Dubois. 

The trial is anticipated to last until June 20.

Bergen man pleads guilty to weapons charge in Federal Court

By Howard B. Owens

A 36-year-old Bergen man who was subject of a multi-agency investigation into weapons possession admitted this week in Federal Court to a charge of illegal possession of machineguns.

Peter S. Celentano, Jr. pleaded guilty before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

According to federal prosecutors, on Sept. 29, the New York State Police, Genesee County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives executed a search warrant at Celentano’s residence in Bergen. 

Investigators recovered 3D-printed pistol frames, firearm parts and accessories, ammunition reloading equipment, tools for constructing privately made firearms, a drill press, and two 3D-printed machinegun conversion devices.

Additional searches at properties in Lyndonville and Medina led to the seizure of numerous AR-style lower receivers, 3D-printed handguns, and more firearm parts and accessories. In total, law enforcement seized more than 200 firearms connected to Celentano.

Investigators also learned that Celentano provided another individual with nine lower receivers, two of which contained a “third pin hole,” qualifying them as machineguns. These firearms were later discarded into the Erie Canal from the Beals Road Bridge in Medina. A New York State Police dive team recovered a cardboard box containing 10 AR-style receivers, an unmarked handgun, ammunition magazines, and additional firearm parts from the canal.

The investigation was conducted by the New York State Police, Genesee County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Sentencing is scheduled for Oct. 6, 2025, before Judge Vilardo.

Law and Order: Oakfield man accused of fourth DWI in 15 years

By Howard B. Owens

Walter B. Hale Jr., 47, of Lockport Road, Oakfield, is charged with felony DWI (with three prior convictions in 15 years), aggravated unlicensed operation, 1st degree, unlawful fleeing a police officer in a motor vehicle, 3rd degree, resisting arrest, and obstructing governmental administration, 2nd degree. Hale was stopped on Route 33 by Deputy Jacob Kipler in Batavia for traffic violations on May 24. He allegedly fled the traffic stop, leading police on a pursuit that began in West Batavia and ended on Transit Road in Orleans County. Hale was transported to Rochester Strong for treatment and later to the Genesee County Jail, where he was remanded without bail following arraignment in CAP Court.

Daquan J. Butler, of Brooklyn, is charged with assault, 2nd degree. Butler is accused of striking another inmate and causing physical injury while incarcerated at the Genesee County Jail on May 25. He was held at the Genesee County Jail.

Michael A. Fanizza, 31, of West Main Street Road, Batavia, is charged with harassment 2nd. Fanizza is accused of striking another individual during a fight at the Genesee County Jail on June 4. He is scheduled to appear in Batavia Town Court on June 24.

Lyndsey J. Wilcox, 41, of Washington Ave., Batavia, is charged with criminal contempt, 2nd degree. Wilcox was arrested May 25 following an investigation into an incident at the Genesee County Jail, where she allegedly entered the jail and violated a full stay-away order of protection. She was transported to the Genesee County Jail and held for arraignment.

Caleb M. Binnert, 50, of Main Street, Elba, is charged with DWI, driving with a BAC of .18% or higher, speeding, and failure to dim lights. Binnert was stopped on May 26 by Sgt. Mathew Clor on Route 98 in Elba. He was released on traffic tickets.

Benjamin L. Mattiex, 45, of Austin Street, Rochester, is charged with petit larceny, aggravated unlicensed operation, 3rd degree, operating a motor vehicle with a suspended registration, and unlicensed operator. Mattiex is accused of shoplifting more than $800 worth of merchandise from Target on Veterans Memorial Drive on May 29 and then operating a vehicle with a revoked license and suspended registration. He was issued an appearance ticket and is scheduled to appear in Batavia Town Court.

James S. Gibbs, 49, of Colony Run, Attica, is charged with DWI and driving with a BAC of .18% or more. Gibbs was stopped at 1:35 p.m. on April 22 by Deputy Eric Meyer following an investigation into a suspicious condition at Alexander Elementary School. He was issued an appearance ticket.

Bo A. Aquila, 34, of Main Street, Alden, is charged with DWI, driving to the left of pavement markings, moving from lane unsafely, and drinking alcohol or using cannabis in a motor vehicle on a highway. Aquila was stopped at 2:28 a.m. on June 1 by Deputy Jacob Kipler on West Main Street Road in Batavia by Deputy Jacob Kipler for traffic violations. He was arrested, transported to the Genesee County Jail for processing, and held pending arraignment.

Gavin C. Turk, 22, of Ashview Drive, North Chili, is charged with DWI, driving with a BAC of .18 or greater, and speeding. Turk was stopped at 2:39 a.m. on June 3 by Sgt. Mathew Clor on Buffalo Road in Bergen. He was released on traffic tickets.

 

Law and Order: Batavia man accused of trying to take officer's gun during arrest

By Howard B. Owens

Daniel R. Yates, 55, of Batavia, is charged with attempted robbery, 3rd degree, and attempted criminal possession of a weapon, 2nd degree. Yates allegedly attempted to take a Batavia police officer’s gun out of the holster while police were attempting to take him into custody on May 2. He was arraigned in City Court and released under the supervision of Genesee Justice.

Roman B. Warchol, 45, of Elm Street, Batavia, is charged with criminal possession of a controlled substance, 7th degree. Jennifer R. Warchol, 43, of Elm Street, Batavia, is charged with criminal possession of a controlled substance, 7th degree; operating a motor vehicle without insurance; operating a motor vehicle with a suspended registration; and operating a motor vehicle without an inspection certificate. Roman and Jennifer Warchol were arrested May 21 following a traffic stop, during which both were allegedly found in possession of narcotics. They were processed at the Genesee County Jail and released on appearance tickets.

Supreme N. Ervin, 26, of North Spruce Street, Batavia, is charged with public lewdness. Ervin was arrested May 20 after allegedly exposing private parts of his body while in a store on Veterans Memorial Drive in the Town of Batavia. He was processed at the Genesee County Jail and released on an appearance ticket.

Daquan J. Butler, 29, of Ocean Avenue, Brooklyn, is charged with possession of contraband. Butler is accused of possessing contraband inside the Genesee County Jail on May 16. He was issued an appearance ticket and will appear in Batavia Town Court on May 27.

Bernard L. Parnell, 35, of Batavia, is charged with petit larceny and obstructing governmental administration, 2nd degree. Parnell allegedly stole merchandise from Speedway and resisted police when they attempted to detain him. He was issued an appearance ticket and released. Earlier the same day, Parnell was arrested on Otis Street after he allegedly refused to leave a residence and allegedly punched another person. He was charged with criminal trespass, 2nd degree, and harassment, 2nd degree.

Anthony A. Bomasuto, 31, of Batavia, is charged with criminal contempt, 2nd degree, and aggravated family offense. Bomasuto is accused of being involved in an altercation with a person who has an order of protection against him on April 10. He was arraigned in City Court and remanded to the Genesee County Jail.

Kara B. Baker, 52, of Batavia, is charged with petit larceny. Baker is accused of stealing merchandise from Aldi on April 15. She was issued an appearance ticket and released.

Jerome W. Amesbury, 59, of Oakfield, is charged with criminal possession of a controlled substance, 7th degree. Amesbury was arrested on April 10 following a traffic stop on Jan. 10, when he was allegedly found in possession of narcotics. He was issued an appearance ticket and released.

Anthony G. Cicoria, 56, of Caledonia, is charged with DWI. Cicoria was arrested on April 10 following a traffic stop on West Main Street. He was arraigned in City Court and released.

Michael A. Fanizza, 31, of Batavia, is charged with burglary, 2nd degree, and criminal contempt, 2nd degree. Fanizza allegedly entered a residence illegally in violation of an order of protection. He was arraigned in CAP Court.

Donyel E. Walker, 26, of Batavia, is charged with burglary, 2nd degree, criminal contempt, 1st degree, and harassment, 2nd degree. Walker was arrested April 17 after allegedly violating an order of protection inside a residence on Hutchins Street. He was arraigned in CAP Court.

Thomas J. Preedom, 36, of Batavia, is charged with failure to register as a sex offender. Preedom is accused of failing to register his address as a level 2 sex offender. He was arraigned in City Court and remanded to the Genesee County Jail without bail.

Jacob W. Patterson, 29, of Batavia, is charged with criminal possession of a controlled substance, 7th degree. Patterson was allegedly found in possession of narcotics during an incident on State Street on April 15, 2024. He was issued an appearance ticket and released.

Christopher E. Tanner, 52, of Batavia, is charged with harassment, 2nd degree. Tanner allegedly struck another person during an altercation on State Street. He was issued an appearance ticket and released.

Kelly R. Seeler, 52, of Albion, is charged with criminal possession of a controlled substance, 7th degree. Seeler was allegedly found in possession of narcotics during a traffic stop on Pearl Street on Jan. 17. She was arraigned and released.

Benjamin M. Klotzbach, 34, of Batavia, is charged with unlawful imprisonment, 2nd degree, and harassment, 2nd degree. Klotzbach allegedly headbutted another person and prevented them from leaving a residence during an altercation on Elmwood Avenue. He was arraigned in City Court and released.

Johnny D. Vidal, 40, of Batavia, is charged with filing a false written statement. Vidal is accused of signing a written statement alleging that another person threatened him with a firearm. He was issued an appearance ticket and released.

Nathiel D. Wilson III, 19, of Batavia, and Ashton T. McWethy-Thornley, 18, of Batavia, are charged with criminal mischief, 3rd degree, and conspiracy, 5th degree. Wilson and McWethy-Thornley are accused of damaging a window on a house and a vehicle on State Street. Wilson was arraigned in City Court and remanded to the Genesee County Jail. McWethy-Thornley was arraigned and released.

Karen B. Armstrong, 48, of Batavia, and Ashlee S. Thomas, 28, of Batavia, are charged with endangering the welfare of a child. Armstrong and Thomas were charged following an altercation on Denio Street, where Armstrong allegedly kicked a 13-year-old girl and Thomas allegedly slapped another person who was holding a young child. Thomas was additionally charged with harassment, 2nd degree. Both were issued appearance tickets and released.

Andrew R. Del Gandio, 31, of Rochester, is charged with DWI. Del Gandio was arrested April 27 following a traffic stop on East Main Street. He was issued several traffic tickets and released.

James R. Briggs, 49, of Corning, was arrested April 30 on four warrants, including two bench warrants and two arrest warrants. He was arraigned in City Court and remanded to the Genesee County Jail.

Nankumar McLaulin, 32, of Hicksville, was arrested April 24 on a warrant. McLaulin allegedly failed to appear in court after being issued a misdemeanor traffic ticket in December 2023. He turned himself in, was arraigned in City Court, and released.

John W. Biaselli, 56, of Batavia, was arrested April 24 on a warrant. Biaselli was initially charged with petit larceny after allegedly stealing merchandise from Dollar General on Feb. 28. The warrant was issued after he failed to appear in court. He was arraigned in City Court and released.

Shelby L. Fryer, 29, of Batavia, was arrested April 24 on a bench warrant. Fryer was initially charged with criminal possession of a controlled substance, 7th degree, following a traffic stop on Dec. 17, 2024. Fryer was arraigned in City Court and released.

Nicole Granger, 34, of Batavia, is charged with offering a false instrument for filing, grand larceny, 3rd degree, and three counts of forgery, 1st degree. Granger is accused of failing to report that the biological father of her child was residing in the home and earning wages, and of forging three documents related to her rental payments. As a result, she allegedly received $6,426 in SNAP benefits she was not entitled to. Granger was arraigned in Batavia Town Court and released on her own recognizance.

Nicole Sprung, 39, of Le Roy, is charged with forgery, 1st degree, welfare fraud, 4th degree, and grand larceny, 4th degree. Sprung is accused of failing to report that the biological father of her child was living in the home and earning wages, and of forging a neighbor’s signature attesting that he was not in the home. She allegedly received $2,641 in SNAP benefits she was not entitled to. Sprung was arraigned in Batavia Town Court and released on her own recognizance.

Cheryl Ditzel, 61, of Batavia, is charged with welfare fraud, 4th degree. Ditzel is accused of failing to report monies being deposited into a bank account she had access to, resulting in her allegedly receiving $2,435 in SNAP benefits she was not entitled to. She was arraigned in Batavia Town Court and released on her own recognizance.

Jacqueline Sogunro-Pitan, 44, of Batavia, is charged with welfare fraud, 4th degree. She is accused of failing to report wages she was earning at Walmart and, as a result, receiving $2,304 in SNAP benefits she was not entitled to. She was arraigned in Batavia Town Court and released on her own recognizance.

Erica E. Cullen, 34, of Bank Street Road, Elba, is charged with offering a false instrument for filing, 1st degree; welfare fraud, 3rd degree; and grand larceny, 3rd degree. Cullen is accused of receiving $3,138 in SNAP benefits she was not entitled to. She was arrested following an investigation by the Department of Social Services and arraigned in Batavia Town Court on May 22, where she was released on her own recognizance.

Brandon Gerald Starkweather, 33, no permanent address, is charged with criminal contempt, 1st degree. Starkweather is accused of striking another person who had an active stay-away order of protection against him. He was held for arraignment following his arrest on May 22.

Davon H. Patton, 39, of Buffalo, is charged with criminal possession of stolen property, 4th degree. Patton was allegedly found operating a stolen vehicle on Oak Street on May 7. He was issued an appearance ticket and released.

Brian M. Raphael, 37, of Batavia, is charged with criminal possession of a weapon, 3rd degree. Raphael was allegedly found in possession of a bludgeon, specifically a club with barbed wire wrapped around it, on May 7. He was arraigned in City Court and released.

Joseph M. Tornabene, 33, of Buffalo, is charged with aggravated family offense and criminal contempt, 2nd degree. Tornabene allegedly violated an order of protection by being at the residence of a protected party on April 30. He was arraigned in City Court and remanded to the Genesee County Jail.

Marissa A. McGill, 39, of Batavia, is charged with endangering the welfare of a child and circumventing an interlock device. McGill allegedly had a child blow into her vehicle’s interlock device and left her children unattended for an extended period of time on May 9. She was issued appearance tickets and released.

Michael J. Cutitta, 40, of Batavia, is charged with menacing, 3rd degree. Cutitta allegedly threatened to kill another person on May 10. He was arraigned in CAP Court and released.

Colleen M. Hutchinson, 50, of Batavia, is charged with criminal possession of a controlled substance, 7th degree, and criminal use of drug paraphernalia, 2nd degree. Hutchinson was allegedly found in possession of narcotics and drug paraphernalia during a traffic stop on Ellicott Avenue on Feb. 19. She was issued appearance tickets and released.

Justin T. Gladney, 36, of Batavia, is charged with criminal possession of a controlled substance, 7th degree. Gladney was allegedly found in possession of narcotics on West Main Street on Aug. 1, 2024. He was issued an appearance ticket at the Genesee County Jail, where he is currently incarcerated on a separate matter.

Kaila I. Tidd, 40, of Batavia, is charged with criminal contempt, 2nd degree, and endangering the welfare of a child. Tidd allegedly allowed a sex offender to be at her residence around her children, in violation of an order of protection, on May 1. She was arraigned in City Court and released on her own recognizance.

Edward J. Ludwig, 62, of Alden, is charged with criminal possession of a controlled substance, 7th degree. Ludwig was allegedly found in possession of narcotics during a traffic stop on Jan. 17. He was arraigned in CAP Court and released.

Ricky A. Marsceill, 60, of Batavia, is charged with criminal possession of a controlled substance, 7th degree. Marsceill was allegedly found in possession of narcotics during a traffic stop on May 20, 2024. He was issued an appearance ticket and released.

Bill A. Thomas, 65, of Batavia, was arrested on three bench warrants, all stemming from previous trespass charges where he failed to appear in court. He was arraigned in CAP Court.

Michelle L. May, 50, of Batavia, is charged with harassment, 2nd degree. May allegedly had physical contact with another person during an altercation on East Main Street on May 3. She was arraigned in CAP Court.

Law and Order: Le Roy man charged with assault following fight at 7-Eleven in Bergen

By Howard B. Owens

David Jeffery Pinkerton, 32, of Main Street, Le Roy, is charged with assault 2nd and criminal possession of a weapon with intent to use. Pinkerton is accused of fighting with two people at around 1:58 a.m. on May 18 in the parking lot of the 7-Eleven in Bergen. He allegedly caused physical injury to one person who was transported to UMMC with a deadly weapon or dangerous instrument. He was held pending arraignment.

Kelly J. Mungo, 49, of East Main St., Batavia, is charged with tampering with physical evidence and criminal possession of controlled substance 7th. Mungo was arrested due to an investigation during a traffic stop on South Lake Road, Bergen, at 4:39 p.m. on May 5 by Deputy Jonathan Dimmig. She is accused of attempting to conceal cocaine and a crack pipe on her person. Mungo was held pending arraignment. Also charged,  Colleen M. Hutchinspon, 50, of Spring Street, Bergen, who was charged with criminal possession of a controlled substance with intent to sell. Hutchinson was allegedly found in possession of cocaine. She was held pending arraignment. Also charged, Timothy L. Corcoran, 61, of Maple Street, Batavia, who was charged with conspiracy 4th and criminal possession of a controlled substance 7th. Corcoran is accused of possessing cocaine and contributing to the commission of two Class B felonies. He was released on an appearance ticket.

Kurtis Rashod Washington, 34, of West Main Street, Batavia, is charged with two counts of criminal possession of a controlled substance 3rd. Washington is accused of possessing 23 grams of cocaine, enough to constitute intent to sell, during a probation home visit at 10:51 a.m. on May 5 on West Main Street Road, Batavia. He was transported to the Genesee County Jail and held without bail.

David R. Cook, no age or address provided, is charged with grand larceny 2nd and fostering the sale of stolen goods. Cook was arrested on April 25 following an investigation by Erik Andre and Deputy Nicholas Charmoun into thefts from Upstate Farms Culture Products at 5011 West Ag Park Drive, Batavia. Cook is accused of stealing property that belonged to Upstate over a six-month period and selling the property for financial gain. Cook allegedly stole more than $100,000 in goods. He was arraigned and released.

Heather McGinnis, 35, of Dublin Road, Bergen, is charged with assault 3rd. McGinnis was arrested following a report at 1:15 a.m. on April 17 of a disturbance at an address on Dublin Road. She is accused of biting another person. She was transported to the Genesee County Jail for processing and released.

Terrance D. Barner, 36, of Park Road, Batavia, is charged with obstructing governmental administration 2nd. Barner is accused of failing to leave the Quality Inn and Suites after being ordered to leave by deputies at 9:07 p.m. on April 21. He was processed at the Genesee County Jail and released.

Casandra L. Matson, 38, of Railroad Avenue, Silver Springs, and Del John Akin, 47, of North Main Street, Silver Springs, are charged with petit larceny and conspiracy 6th. Matson and Akin are accused of skip-scanning merchandise at Walmart at 4:04 p.m. on April 23. The defendants were transported to the Genesee County Jail for processing and released.

Yulia Pityk, 24, of Silver Birch, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Yulia was stopped at 1:52 a.m. on April 25 on Route 33 in Bergen by Deputy Ryan Mullen. Pityk was released on tickets.

Cody James Nichols, 40, of Avenue A, Rochester, is charged with criminal possession of a controlled substance 7th. Nichols was allegedly found in possession of cocaine at 4:22 p.m. on May 1 at a location on Apple Tree Avenue, Bergen, by Deputy Nicholas Chamoun.

Stephen Douglas Freeman, 54, of Conlon Road, Le Roy, is charged with felony DWI, aggravated unlicensed operation, driving with registration suspended, drinking alcohol in a motor vehicle, and driving without insurance. Freeman was stopped at 8:29 p.m. on May 2 on West Main Street Road, Batavia, by Deputy Zachary Hoy. Freeman was held for arraignment.

Jennifer Lynn Maher, 42, of Prole Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and no plate lamp. Maher was stopped at 1:24 a.m. on May 4 by Deputy Zachary Hoy on Clinton Street Road, Stafford. Maher was issued tickets and released.

Jason Joseph Meyer, 48, of West Avenue, Elba, is charged with DWI, driving with a BAC of .08 or greater, and following too closely. Meyer was stopped at 10:05 p.m. on April 18 on Veterans Memorial Drive by Deputy Alexander Hadsall. Meyer was processed at the Genesee County Jail and released.

Dylan Michael DIbble, 29, of Pole Bridge Road, Avon, is charged with DWI, driving with a BAC of .08 or greater, speeding, aggravated unlicensed operation 3rd, and driving left of pavement markings. Dibble was stopped at 2:08 a.m. on May 10 on Broadway Road, Bethany, by Sgt. Mathew Clor.

Thomas Howard Forbes, 58, no address provided, is charged with DWI and failure to stop at a stop sign. Forbes was stopped at 12:57 a.m. on May 18 on Park Road by Deputy Leah Bezon. He was processed at the Genesee County Jail and released on an appearance ticket.

 

Prosecution asks judge in murder case to allow testimony about defendant's prior crimes

By Howard B. Owens
edward dunn
Edward Dunn

The jury in the upcoming murder trial will want to know why Michael Poole, an Olcott resident, was shot in the head and his body was abandoned in the trunk of a car and left in the town of Alabama, District Attorney Kevin Finnell told Judge Melissa Lightcap Cianfrini in Gensee County Court on Monday morning.  

Casey F. Spencer, the defense attorney for Edward Dunn, the man accused of killing Poole, argued that many of the specific details Finnell wants to bring up at trial -- jury selection set to begin on June 6 -- are too prejudicial without much value to proving the guilt or innocence of her client.

Dunn, a former Lockport resident, is accused of killing Poole on March 17, 2024.

One of the prosecution witnesses is Kathryn Henry, Dunn's former girlfriend and a good friend of Poole. Finnell said he would need to explain to the jury why Henry did not immediately come forward and report the crime. Henry was initially charged with murder in the second degree in connection with Poole’s death. 

However, on August 22, Henry entered guilty pleas to two lesser charges: hindering prosecution (a Class D felony) and concealment of a human corpse (a Class E felony). She is no longer facing a murder charge. Henry is scheduled for sentencing in County Court on August 18.

The case that Finnell would like to present to the jury would include information about Dunn's prior criminal record and Dunn's alleged burglaries and attempted burglaries, as well as information that indicates Dunn has violent tendencies and that Henry feared for her safety.

That fear, Finnell argued, is why Henry did not come forward immediately after the alleged crime.

On March 27, 2024, Dunn, Poole, and Henry allegedly drove Barker intending to commit a burglary at a laundromat, but the "conditions," Finnell said, were not conducive to a burglary. Finnell indicated that Henry would testify that Poole warned Dunn to be more careful because people were becoming suspicious that he was involved in a series of burglaries. 

Finnell's theory of the case is that Dunn was motivated to allegedly kill Poole because he suspected Poole of telling people about the burglaries. 

He said Henry would also testify that in the short time they were a couple, Dunn said he had committed other violent crimes outside of New York State and she knew that he was facing a felony assault charge in Niagara County from December 2021.

According to Finnell, Henry would say, if permitted by Cianfrini, that Dunn owned a rifle that he always carried with him, and that weapon was the same rifle used to kill Poole. 

When Dunn was arrested by a parole officer, according to Finnell, he was found hiding in a crawl space of the residence he shared with another witness, Norman S. DuBois, and the rifle in question was also in that crawl space.

All of that is highly prejudicial, Spencer argued, to her client. 

Criminal evidence rules generally prohibit the introduction of criminal records and uncharged crimes in trials because the information is likely irrelevant to the case before the jury and could paint the defendant in a negative light. The jury is supposed to consider only the evidence relevant to the case before them.

Monday's hearing was based on case law, which provides standards for a judge to consider regarding the admissibility of prior offenses.

Spencer argued that there are other potential motivations for the crime available in the investigative record and the details of the alleged prior crimes are not necessarily needed to say that Henry feared Dunn.

Finnell argued that without the evidence he wishes to present, the jury would be left with a "blackhole" for the jury to understand the true nature of Henry's fear, and since only Dunn and Henry were reportedly in the car when Poole was murdered, they jury could easily wonder why Henry wasn't the actual killer.

Spencer also argued against revealing that Dunn was on parole at the time of his arrest.

Finnell said all these pieces of potential evidence are "woven into the fabric" of the case and can't be separated.  Henry's knowledge of the prior assault case goes to her state of mind when considering her options after the alleged murder, and the parole arrest and potential evidence uncovered in the search are critical to the case.

Cianfrini raised the issue with Spencer that the arrest parole officer would like to testify at trial, which would indicate that Dunn was on parole at the time of his arrest.

Spencer acknowledged that jurors could draw that conclusion based on the appearance of that specific witness, but it is unnecessary to tell jurors specifically that Dunn was on parole.

The 39-year-old Dunn is currently serving a 2 1/2 to 5-year prison sentence, assigned to Clinton Correctional Facility, for a prior and unrelated burglary in the third degree conviction in Orleans County.

Cianfrini will rule on today's motions prior to trial.

He is currently being held in Attica so that he is available to appear in Genesee County Court and to meet with his attorney as the case moves toward trial.

Batavia man accused of wielding a knife in Williams Park in 2023 turns down plea offer

By Howard B. Owens
nathan royse
Nathan Royse

A 33-year-old Batavia man who was on the Batavia PD wanted list for more than a year before being captured by U.S. Marshals in December appeared in Genesee County Court on Friday morning and turned down a plea offer.

The details of the plea offer were not discussed in court.

Nathan L. Royse was arrested in December and charged with criminal possession of a weapon in the third degree, stemming from an incident on April 15, 2023, in Williams Park, where he allegedly attempted to stab another person during a fight during a basketball game.

On June 2, 2023, Batavia City Court issued a warrant for his arrest on a criminal possession of a weapon charge. No information is available on the status of that charge. The police issued a "wanted" press release for the first time in September 2023.

His attorney, Fred Rarick, informed Judge Melissa Lightcap Cianfrini that Royce turned down the plea offer because there was no guarantee that his time for the charge could be served concurrently with any other charge.

At the time of the search, Royse was also on parole for burglary in the second degree and had an active parole warrant.

NOTE: This story has been modified to correct the timeline of events and location of the incident.

 

Albion resident arrested in Batavia Marine burglary pleads guilty

By Howard B. Owens
nathaniel thompson
Nathaniel Thompson

A 23-year-old Albion resident admitted in Genesee County Court on Friday morning to taking part in a burglary on May 27 of Batavia Marine on West Main Street in Batavia.

Nathaniel Thompson agreed to a plea agreement that capped his anticipated sentence at 2-4 years in prison. He is scheduled to be sentenced on June 3. If he fails to abide by court orders between now and then, he loses his sentence cap and could face 3 1/2 to seven years in prison.

He pleaded guilty to burglary in the third degree with the intent to commit grand larceny and as a second-time felony offender. In November 2022, he entered a guilty plea in Orleans County to criminal possession of stolen property.

Thompson was arrested in August and initially charged with burglary, criminal mischief, criminal possession of a weapon in the second degree, grand larceny in the third degree and grand larceny in the fourth degree.

In court on Friday, Thompson admitted to stealing firearms valued at more than $1,000.

Malachi J Nix, 20, of Tonawanda, was also in the case. He was arrested in February and charged with burglary in the second degree, criminal possession of a weapon in the second degree, grand larceny in the third degree, criminal mischief in the third degree, and conspiracy in the fourth degree.

The status of his case is not available.

Thompson is currently in custody in Orleans County. 

Law and Order: Three people in traffic stop on Thruway charged with drug crimes

By Howard B. Owens

Adrienne S. Bechtold, 29, of Vine Street, Batavia, Jacob W. Patterson, 29, of Vine Street, Batavia, and Rebecca I. Patterson, 58, of Batavia, are charged with multiple crimes. (Note, the charges are not specified by person in the press release and it's unclear which charges apply to all and which might apply to only a single individual).  The charges are, six counts of criminal possession of a controlled substance 3rd, three counts of promoting prison contraband 1st, two counts of tampering with physical evidence, three counts of conspiracy 4th, two counts of criminally using drug paraphernalia, one count of criminal possession of a controlled substance 7th, moving from lane unsafely, and insufficient turn signal. On April 15, deputies conducted a traffic stop on the Thruway near mile marker 390.9 after observing alleged traffic violations. Deputies reportedly became suspicious of criminal activity after observing "several criminal indicators," so they requested the assistance of Batavia PD K9 Batu. As a result of the search, narcotics were allegedly located in the vehicle. After the search, one of the suspects produced more narcotics that the person had concealed on his or her person. The three people were transported to the Genesee County Jail for processing. At the jail, more narcotics were allegedly found on Bechtold and Jacob Patterson. They are accused of possessing two ounces of cocaine as well as fentanyl. Rebecca Patterson was released on an appearance ticket. Bechtold and Jacob Patterson were held pending arraignment. The investigation was conducted by Deputy Nicholas Chamoun, Deputy Alexander Hadsall, Deputy Jeremy McClellan, and Officer Stephen Quider, Batavia PD, handler of K-9 Batu.

Carrie Ann Stewart, 44, of Park Road, Batavia, is charged with burglary 3rd and petit larceny. Stewart is accused of entering and remaining in Walmart with the intent to commit a crime at 8:31 p.m. on April 14.

Michael Anthony Fanizza, 31, of State Street, Batavia, is charged with criminal trespass 2nd. Fanizza is accused of entering another person's residence in Oakfield and remaining there without permission at 1:20 pm. on April 18. He was issued an appearance ticket.

Michaela Ruth Bohn, 25, of Clinton Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Bohn was stopped at 11:44 p.m. on April 19 on Clinton Street Road, Bergen by Deputy Jonathan Dimming. He was issued traffic tickets and released. 

 

Police investigating incident near McDonalds on Sunday, seek witnesses

By Howard B. Owens

Batavia police officers or seeking the public's assistance with an investigation into an incident in the parking lot of the East Main McDonald's on Easter Sunday that led to one man being stabbed.

When police arrived on scene, one male was located at that location.

The other male, who sustained a knife wound, was not at the scene when police officers responded to the report of a disturbance. He was latter located at a residence in the city. His injuries was not life-threatening.  CIty Fire and Mercy EMS responded to the residence and the person was transported to a hospital in Rochester for further treatment. 

All subjects believed to be involved in the incident have been identified and police say there is no ongoing risk to public safety.

Investigators are encouraging possible witnesses to come forward.

Tips can be provided by calling 585-345-6350, the confidential tip line at 585-345-6370 or by clicking here.

Law and Order: Two men from Syracuse accused of grand larceny at Dick's Sporting Goods

By Howard B. Owens

Tabu Thihele Gaines, Jr., 24, of Armstrong Place, Syracuse, and Sosa Stroman, 24, of Herkimer Street, Syracuse, are charged with grand larceny 4th, possession of burglar tools, and conspiracy 5th. Gaines and Stroman are accused of stealing from Dick's Sporting Goods at 5:36 p.m. on April 11. They were held pending arraignment.

Tyler J. Bull, 22, and Raymond L. Keffer, Jr., 48, are both charged with assault 2nd for allegedly causing physical injuries to each other during a fight at the Genesee County Jail on an unspecified date. They were arraigned and ordered held without bail.

Jason W. Alexander, 48, of Batavia, is charged with harassment 2nd, endangering the welfare of a child, burglary 2nd, and criminal contempt 2nd. Alexander is accused of pushing and slapping a child on April 6 during an incident on East Main Street, Batavia. He was arraigned. An order of protection was issued. He was released. On April 7, Alexander is accused of entering a residence in violation of the order of protection. He was arraigned in City Court and jailed.

Michael A. Shetler, 34, of Batavia, is charged with criminal contempt 2nd and aggravated family offense. Shelter is accused of violating an order of protection on March 5. He was arrested on March 3. He was arraigned in City Court and ordered jailed.

Lisa M. Fox, 53, of Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of controlled substance 7th, and tampering with physical evidence. On March 28, Fox was allegedly found in possession of narcotics while being arrested on an unrelated matter. She was arraigned and released.

Nathaniel R. Davis, 29, of Batavia, is charged with burglary 2nd and criminal contempt 2nd. Davis was allegedly found inside of a residence on March 29 in violation of an order of protection while being arrested on a warrant. He was arraigned and released. 

Kyler A. Boskat, 22, of Batavia, is charged with burglary 2nd, conspiracy 4th, and criminal facilitation 4th. Boskat is accused of being an accomplice in a burglary on Hutchines Street on Jan. 12. Boskat was arrested on March 28, processed at the Genesee County Jail, arraigned, and released.

Benjamin A. Rachow, 42, of Batavia, is charged with assault 3rd, criminal obstruction of breathing, obstructing governmental administration 2nd, and harassment 2nd. Rachow is accused of fighting on March 30 on Ellicott Street, allegedly punching one person and grabbing a second by the neck. He was arraigned and released.

David W. Rich, 74, of Batavia, is charged with criminal mischief 4th. Rich is accused of damaging a vehicle on March 28 following an argument on West Main Street, Batavia. He was issued an appearance ticket.

Jessica L. Culver, 35, of Batavia, is charged with petit larceny. Culver is accused of shoplifting from Family Dollar in Batavia on March 29. She was issued an appearance ticket.

Curtis McCall, 38, of Batavia, is charged with harassment 2nd. McCall is accused of slamming another person's hand in a door during an incident on State Street on March 28. He was arraigned in City Court and released.

Lucas S Potrzebowski, 30, of Batavia, is charged with petit larceny. Potrzebowski is accused of not returning property to a customer at UPS Store in Batavia. He was issued an appearance ticket.

Raymond J. Dick, 60, of Batavia, is charged with DWAI/drugs. He was arrested on April 10 following an investigation into an allegation that he was driving while under the influence of drugs on Feb. 25. He was issued traffic tickets and released.

Derrick L. Washington, 52, of Batavia, was arrested on April 8 on a warrant for petit larceny. He is accused of stealing merchandise from Dollar General on Dec. 27. He was arraigned and released.

Richard J. Burdick, 47, of Batavia, is charged with criminal possession of a controlled substance 7th. He was arrested on March 31. Burdick was allegedly found in possession of narcotics on Jan. 10 during a traffic stop on Ross Street, Batavia. He was issued an appearance ticket.

Ali Arbai, 33, of Batavia, is charged with DWI. Arbai was charged following a traffic stop on Main Street in April 6. He was issued traffic tickets and released.

Michael A. Fanizza, 31, of Batavia, is charged with criminal contempt 2nd and criminal mischief 4th. He is accused of damaging a door during an argument on April 6 in violation of an order of protection. He was arraigned and released.

Alisia L. Compton, 40, of Orlando, Fla., was arrested on April 2 on a warrant. Compton was charged with DWI on Nov. 22, 2022 and allegedly failed to meet the conditions of her conditional discharge. She was arraigned in City Court and released.

Winston A. Lockhart, 30, of Batavia, is charged with DWAI/Alcohol. Lockhart was charged following a motor vehicle accident on March 31 on March 31 on North Spruce Street, Batavia. He was issued traffic tickets and released.

Sara A. Elliott, 39, of Batavia, is charged with criminal possession of a controlled substance 7th. Ellicott was arrested on April 4 following an investigation into a traffic stop on Dec. 19. She was issued an appearance ticket.

Kevin A. Cole, 46, of Batavia, is charged with endangering the welfare of a child. Cole was arrested on April 4, accused of failing to properly supervise a child who had run away from home numerous times. He was issued an appearance ticket.

Law and Order: Three Batavia residents face drug charges after traffic stop

By Howard B. Owens

Timothy L. Corcoran, 61, Batavia, is charged with criminal possession of a controlled substance 7th and operating an uninspected motor vehicle; Adrienne S. Bechtold, 29, Batavia, is charged with criminal possession of a controlled substance 7th and criminal possession of stolen property 5th; and, Nicholas E. Patterson, 31, of Batavia, is charged with criminal possession of a controlled substance 7th. On April 13 at 9:03 p.m., deputies stopped a vehicle in Le Roy on the suspicion of traffic violations. A quantity of cocaine was allegedly located in the vehicle.  The three suspects were processed at the Genesee County Jail and released.

Steven Phillip Nasewtewa, 37, of Skye Road, Tonawanda Indian Reservation, is charged with reckless endangerment 2nd, endangering the welfare of a child, unlawful imprisonment 2nd, and harassment 2nd.  At noon on April 7, deputies responded to a report of a fight on Bloomingdale Road on the Tonawanda Indian Reservation. Nasewtewa is accused of hitting another person in the face and dragging the person for a short distance when the person tried to exit a vehicle. There were allegedly children present during the incident. He was arraigned and released.

Cameron Jacob Sokowlski, 32, of Harshorn Road, Batavia, is charged with unlawful fleeing a police officer, aggravated unlicensed operation, reckless driving, driving without an ignition interlock, and disobeying traffic control devices.  Sokowlski is accused of failing to stop for a traffic stop and attempting to flee on the Thruway at 4:26 p.m. on April 11 on Route 77 in Pembroke. He was issued traffic tickets and released.

Jessica Leigh Culver, 35, of Park Road, Batavia, is charged with petit larceny. Culver is accused of shoplifting from Walmart at 6:21 p.m. on April 4. She was transported to the Genesee County Jail for processing and released.

David W. Fruster, 62, of Portland Avenue, Rochester, is charged with criminal contempt 2nd, aggravated unlicensed operation, unlicensed operation, and speeding. Fruster was stopped at 6:14 p.m. on April 7 on Clinton Street Road, Batavia, by Deputy Ayrton Blankenberg. There was allegedly a court order in place prohibiting contact with the passenger in his vehicle. He was arraigned and released.

Russell Carl Dibble, 38, of Gabbey Road, Corfu, is charged with driving while impaired/alcohol. Dibble was stopped at 4:22 p.m. on April 4 on West Main Street Road, Batavia, by Deputy Alexander Hadsall. He was processed at the Genesee County Jail and released.

Mary T. Strusz, 59, of Main Road, Stafford, is charged with criminal trespass 2nd. At 3:22 p.m. on April 14, deputies responded to a 9-1-1 hang-up call at a location on Main Road, Stafford. After an investigation, Strusz was accused of entering a residence in an apartment complex without permission. Strusz was arraigned and released.

 

Previously deported Ecuadorian arrested in Elba following investigation that began in Buffalo

By Howard B. Owens

A citizen of Ecuador accused of re-entering the country after being deported was arrested in Elba on March 26 during a traffic stop following an investigation that began in Buffalo.

Luis Castro Mayancela, 24, is charged by criminal complaint with re-entry after prior removal, which carries a maximum penalty of two years in prison and a $250,000 fine. 

On the day of the arrest, agents of Homeland Security and Immigration and Customs Enforcement were conducting surveillance of a residence on Mill Street when a blue Chevrolet Silvarado pulled up to the house.

According to a criminal complaint filed by the arresting agent in federal court, the target of the surveillance was a person accused of entering the country illegally. 

Two Hispanic males left the house and got into the vehicle.

Enforcement and Removal team members began a mobile surveillance. 

Border Patrol agents conducted a vehicle stop on Ford Road, Elba, at 11:20 a.m. on March 26.

The complaint states that four people were in the vehicle, including Mayancela.

An immigration judge ordered Mayancela to leave the country on Dec. 13, 2019. He was placed on a flight to Ecuador, departing Alexandria International Airport in Louisiana, on Dec. 30, 2019.

The arresting agent stated that there was no evidence that Mayancela had been granted permission to be in the U.S. prior to his arrest.

He was processed at the Buffalo Federal Detention Facility in Batavia. A fingerprint scan indicated that his fingerprints matched those previously obtained for Mayancela. 

U.S. Magistrate Judge Michael J. Roemer ordered that Mayancela be detained pending further court proceedings.

Assistant U.S. Attorneys Sasha Mascarenhas and Andrew J. Henning are prosecuting the case.

Special Agent-in-Charge Erin Keegan and Immigration and Customs Enforcement, Enforcement Removal Operations, under the direction of Acting Field Office Director Steven Kurzdorfer, supervised the investigation.

Officer in Le Roy credited with working cold case, making arrest in Crocker Ace Hardware burglary

By Howard B. Owens

A 45-year-old Le Roy resident has been charged in a 2023 burglary of Crocker's Ace Hardward.

Officer Matthew Nielson worked the cold case and identified the suspect, who allegedly stole thousands of dollars in merchandise in the overnight heist.

Nielson had few leads to work with, according to Chief Greg Kellogg.

"Through persistent follow-up, detailed investigative work, and strong attention to detail, he successfully identified the suspect and personally made the arrest," Kellogg said. "This arrest is the result of Nielson’s dedication and resolve, demonstrating the commitment of the LeRoy Police Department to holding offenders accountable — no matter how much time has passed. His work on this case reflects the professionalism and determination that the department strives to deliver every day."

Andrew J. Paladino was taken into custody. He is charged with burglary. No other charges were listed in the release. His release status is unknown

Arrest made in Vine Street fire that claimed life of 10-year-old

By Howard B. Owens

Henry Banks, 55, of Batavia, has been charged with criminally negligent homicide and three counts of endangering the welfare of a child in the death of 10-year-old Javarius Williams in a fire at 3 Vine St., Batavia, on Feb. 6.

Banks was arraigned in County Court on a sealed grand jury indictment. Judge Melissa Lightcap Cianfrini ordered Banks held in the Genesee County Jail pending further court proceedings.

On the night of Feb. 6, City Fire responded to 3 Vine after a neighbor spotted a fire in the upstairs apartment. The neighbor said he attempted to gain entry to the apartment to help the three children inside escape but was unable to get past the locked door.

All three children were rescued, but Javarius succumbed to the injuries he sustained.

The children, ages 4, 10, and 12, had apparently been left alone in the middle of the night.

According to Chief Shawn Heubusch, Banks is the biological father of the 12-year-old and was legal guardian of the other two children, including Javarius. 

He is accused of leaving the children unsupervised for an extended period of time.

The fire started in a child's bedroom. City Fire has yet to determine a cause, Heubusch said.

All three were transported to area hospitals after being rescued by the Police and Fire Departments. 

The fire was investigated by Batavia PD along with partner agencies.

The cause and origin of the fire have not been released.

Law and Order: Buffalo woman accused of attempting to pass forged check at bank in Batavia

By Howard B. Owens
Imani Hurd
Imani Hurd

Imani I. Hurd, 23, of Buffalo, is charged with attempted grand larceny 3rd and possession of a forged instrument 2nd. Hurd is accused of attempting to cash a forged check at the M&T Bank branch in Batavia. She was arraigned and released.

Dominic O Mogavero, 20, of Batavia, is charged with burglary 2nd, conspiracy 4th, and criminal facilitation 4th. Mogavero is accused of being an accessory to a burglary on Hutchins Street on Jan. 12. He was arrested on March 24. He was arraigned and released.

Leroy Thornton, III, 34, of Batavia, is charged with sex offender failure to report change of address. Thornton, a Level 3 sex offender, was arrested March 27. He allegedly failed to report a change of address within the required 10 days. He was issued an appearance ticket.

Dominic Mogavero
Dominic Mogavero

Jonathan C. Perrine, 42, of Batavia, was arrested on March 22 on a warrant charging him with criminal mischief 3rd. He is accused of damaging windows on a vehicle on March 28. He was arraigned and released.

Katelyn L. Walsh, 30, of Batavia, is charged with felony DWI. Walsh was arrested on March 22 following a traffic stop by a Batavia patrol officer on Chase Park. Walsh was issued traffic tickets and released.

Rhiannon J. Graff, 44, of Batavia, is charged with DWI and petit larceny. Graff was accused of drinking and driving on March 21 after police responded to a suspicious vehicle on East Main Street.  Graff is also accused of shoplifting at Quicklee's On Oak Street on March 18. She was issued appearance tickets. 

Hillary D. Russell, 32, of Batavia, was charged with petit larceny. Russell is accused of stealing merchandise from Dollar General on March 19. She was issued an appearance ticket.

Brandon C. Dodd, 38, of Batavia, is charged with petit larceny. Dodd is accused of stealing merchandise from Family Dollar on March 18. He was issued an appearance ticket.

Christine J. Saab, 20, of Batavia, was arrested on March 10 on a warrant. She was initially arrested and charged with harassment 2nd, following a fight at the Mobil gas station on East Main Street. She allegedly failed to appear in court on the charge as ordered. Saab was arraigned in City Court and released. 

Michael J. Hilton, 34, of Le Roy, was arrested on March 22 on a warrant charging him with petit larceny. Hilton is accused of stealing merchandise from 7-Eleven on Feb. 26. He was arraigned and released.

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