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Deputy investigating theft at Flying J seeks public assistance in IDing individual in photo

By Howard B. Owens
suspect photo
Submitted surveillance photo.

The Genesee County Sheriff's Office is investigating a suspected larceny of items from the Flying J, 8484 Alleghany Road, Pembroke.

A subject (photo) is wanted for questioning in connection with the suspected theft. The Sheriff's Office is seeking the public's assistance in identifying the individual.

If you recognize the person, you're asked to call 585-345-3000 x3251 or email Deputy Stephen Smith at stephen.smith@geneseeny.gov.

Law and Order: Driver accused of doing burnouts in drive-thru at McDonald's charged with DWI

By Howard B. Owens

Tyler J. Burns, 20, of Batavia, is charged with DWI. Burns was arrested after Batavia patrol officers were dispatched to the McDonald's on East Main Street, where Burns was allegedly doing burnouts in the drive-thru lane on June 28 (time of day not released). He was issued an appearance ticket.

Darien L. Rhodes, 31, of Batavia, is charged with robbery 3rd, criminal contempt 1st, criminal mischief 4th, and harassment 2nd. Rhodes is accused of violating an order of protection, forcibly stealing a set of keys from another person and damaging property during a fight at a location on Oak Street. He was arraigned in City Court and ordered held.

Carl E. Canterbury, 53, of Batavia, is charged with criminal possession of a controlled substance 5th. Canterbury was arrested June 28.  During a traffic stop in March, he was allegedly found in possession of what turned out to be cocaine. He was arraigned in City Court and released on his own recognizance.

Kenneth B. Jordan, 31, of Batavia, is charged with criminal mischief 3rd and criminal contempt 2nd. Jordan is accused of violating an order of protection and slicing the tires of a vehicle in the driveway of the person he wasn't supposed to contact. He was arraigned and released.

Shane P. Herzog, 38 of Batavia, was arrested on a warrant on July 3. Herzog was previously arrested for bail jumping 3rd but allegedly failed to meet the conditions of a plea agreement. He was arraigned in City Court and released on his own recognizance. 

Reicha B. Morris, 40, of Batavia, is charged with petit larceny and criminal possession of a controlled substance 7th. Morris is accused of shoplifting from Tops. While being taken into custody, she was allegedly found in possession of methamphetamine. She was issued an appearance ticket.

 Leon C. Bloom, 42, of Penfield, is charged with DWI. Bloom was charged following a traffic accident on West Main Street, Batavia, on June 29. He was issued an appearance ticket.

Joshua L. Clair, 42, of Attica, is charged with DWI. Clair was charged following a traffic stop on June 30 on East Main Street in Batavia. He was issued an appearance ticket.

Adam J. Arsenault, 38, of Batavia, is charged with harassment 2nd. Arsenault is accused of threatening a neighbor on June 29 on Hutchins Street during an argument. He was arraigned and released.

Janna Marie Stirk, 41, of Orchard Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, and failure to obey a police officer. Stirk allegedly failed to obey traffic directions at 10:53 p.m. on July 11 at Darien Lake following a concert. Stirk was arrested following an investigation by Deputy Mason Schultz. Stirk was processed at the Genesee County Jail and released on an appearance ticket.

Jeffrey Robert Roth, 58, of South Main Street, Oakfield, is charged with criminal contempt 1st. Roth is accused of violating an order of protect at 7:22 on July 8 at a location on Veterans Memorial Drive. Roth was held for arraignment.

Moises Casarez, 43, of Leona Lane, Hamlin, is charged with DWI. Casarez was charged following a traffic complaint on Park Road, Batavia, at 2:20 a.m. on July 13. Sgt investigated the complaint. Mathew Clor. Casarez was held pending arraignment.

Joseph Degweck, Jr., 52, of Pine Street, East Aurora, is charged with criminal possession of a controlled substance 7th. Degweck is accused of possession of a controlled substance at 10:20 on July 7 at a location on Main Road, Pembroke. He was held pending arraignment.

Alexander Michael Petrocci, 30, of County Road A, Farmington, is charged with DWI, driving with a BAC of .08 or greater, and speeding.  Petrocci was stopped at 10:52 p.m. on July 13 on South Lake Road, Pavilion, by Deputy Jacob Kipler. Petrocci was jailed pending arraignment.

Dawn Marie Testa-Turner, no age provided, of Johnson Hill Road, Lisle, is charged with DWI, driving with a BAC of .08 or greater, running a red light, and improper left turn. Testa-Turner was stopped at 12:22 a.m. on July 13 by Deputy Jeremiah Gechell at Oak Street and Park Road, Batavia. She was issued an appearance ticket.

J.D. Monroe Johnson, 24, of Wllmae Road, Rochester, is charged with failure to pay fine by court. Johnson was arrested on a warrant following a traffic stop at midnight on Nov. 13 and turned over to the Wyoming County Sheriff's Office.

Jury unanimously rejects criminal charges against former Batavia high football star

By Howard B. Owens
Ray Leach
File photo Howard Owens

A Genesee County jury on Friday rejected rape charges against a former Batavia High School football star, acquitting him in a unanimous decision on all counts following a trial.

The defense attorney for Ray Leach, Public Defender Jerry Ader, said the acquittal was appropriate.

"While the outcome was welcome and justified, the mental pain and suffering that these accusations and trial put Ray and his family and friends through were significant and long-lasting," Ader said.

The jury found Leach not guilty on counts of:

  • Rape in the first degree (Penal Law section 130.35(2)
  • Criminal Sexual Act in the first degree (Penal Law section 130.50(2) and
  • Sexual Abuse in the first degree (Penal Law section 130.65(2).

If not for the jury's decision, Leach's life could have taken a tragic turn, Ader said. 

The counts against Leach included two Class B violent felonies and a Class D violent felony.  Mandatory sentencing requirements, if Leach had been convicted, could have meant from five years to 25 years in prison, plus 20 years on parole and becoming a registered sex offender for life.

"Prosecutors are required to do justice, not necessarily get convictions," Ader said. "A prosecutor’s client is the public, not the police, witnesses or complainants.  This case had many issues from the start, almost two years ago.  Hopefully, cases like Ray’s will make people who investigate complaints and possibly prosecute them take a hard look at their practices and intentions to ensure that justice is done in the future.”

Leach is among the greatest high school running backs in New York State history

In 2018, Leach set the Section V single-season scoring record with 310 points. That was fifth all-time in the state. He set the Section V single-season rushing record at 3,012 yards, which was sixth all-time in the state. He scored 50 points against Cheektowaga on Nov. 10, 2018, a Section V record. He ended his high school career at the top of the list in Section V in all-time rushing yards at 6,203. He also set a new Section V record with 111 career touchdowns. 

Pursuit ends on South Swan with overtuned minivan, suspect uninjured and in custody

By Howard B. Owens
south-south-pursuit-accident

A Sheriff's Office pursuit that started somewhere on the north side of the city of Batavia ended at Swan and School streets at around 1:45 a.m. on Sunday when the suspect vehicle struck a utility pole and flipped over.

One person is reportedly in custody.

A deputy was overheard telling a distraught family member who ran up to the scene and crossed the police crime scene tape that the suspect was uninjured and was in custody at the Genesee County Jail.

Another woman was taken into custody kicking and screaming, "That's my brother," with a deputy telling her he was OK.

This is an ongoing investigation, and while The Batavian was on the scene, no members of the Sheriff's Office, which is the agency handling the case, were available to provide more information.

The pursuit was reported on both State Street and Ross Street prior to the crash.

There were flames coming from the vehicle when City Fire arrived on scene. The fire was quickly extinguished.

UPDATE 3 a.m.: Sgt. Mathew Clor confirmed charges are pending and should be part of a press release in the morning. One suspect in custody. The woman who struggled with police was released with a warning once she calmed down. Besides taking out the utility pole on Swan, the vehicle also struck a mailbox on Ross Street.

Photos by Howard Owens.

south-south-pursuit-accident
south-south-pursuit-accident
south-south-pursuit-accident
south-south-pursuit-accident
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south-south-pursuit-accident

Law and Order: Driver accused of multiple suspensions, trying to hide identity

By Howard B. Owens

Douglas Grant Goodwin, Jr., 33, of Maple Road, Alabama, is charged with aggravated unlicensed operation, criminal impersonation, lights that don't meet standards, and unsafe tires. Goodwin was stopped at 10:58 p.m. on July 6 on West Main Street, Batavia, by Deputy Jacob Kipler. During the traffic stop, Goodwin was allegedly found to be driving on 10 or more suspensions and he allegedly attempted to misrepresent his actual name. He was released on an appearance ticket.

Nafis Ameer Jackson, 28, of Crittenden Way, Rochester, is charged with criminal contempt 2nd. Jackson is accused of violating a stay-away order at 1:55 a.m. on July 2 at a location on Kelsey Road, Batavia. He was held pending arraignment.

Michael Anthony Sweet, 38, of Raymond Avenue, Batavia, is charged with criminal possession of stolen property 4th. Sweet was stopped at 9:39 p.m. on July 1 by Deputy Trevor Sherwood on Oak Street, Batavia. He was allegedly found in possession of stolen property (unspecified). He was issued an appearance ticket.

Esmeralda D. Ocampo, 22, of Batavia Elba Townline Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and unlicensed driver. Ocampo was stopped at 4:09 a.m. on July 5 on Church Street in Bergen by Deputy Ryan Mullen. She was issued an appearance ticket.

Jonathan Roy Beilfuss, 37, of Knollwood Drive, Buffalo, is charged with DWI and driving with a BAC of .18 or greater. Beilfuss was stopped at 10:47 p.m. on July 3 on Route 77 in Darien by Deputy Kipler. He was issued an appearance ticket.

James Ronald Williams, 39, of John Street, Lockport, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 3rd, unlicensed driver, and speeding. 

Joseph Michael Degweck, 52, of Pine Street, East Aurora, is charged with criminal contempt 2nd. Degweck is accused of violating a stat-away order of protection at 8:20 p.m. on July 7 at a location on Main Road, Pembroke. He was issued an appearance ticket.

Phillip Louis Preston, 50, of Bloomingdale Road, Alabama, is charged with harassment 2nd. Preston is accused of harassing, with intent to alarm or annoy, a worker in a business on Bloomingdale Road at 7:01 p.m. on July 5. He was issued an appearance ticket.

Justine Danae Wood, 37, of South Main Street Road, Batavia, is charged with criminal possession of a controlled substance 7th. Wood was allegedly found in possession of cocaine at 4:49 p.m. on July 10 at a location on Woodland Drive, Batavia. She was held pending arraignment.

Brian Daniel Gilfilian, 44, of Northwood Drive, Greece, is charged with DWI, driving with a BAC of .08 or greater, and illegal turn signal. Gilfilian was stopped at 1:10 a.m. on July 10 on Oak Orchard Road, Batavia, by Deputy Mason Schultz. Gilfilian was released on an appearance ticket.

Shawn Michael Sloan, 39, of West Main Street, Batavia, is charged with promoting prison contraband 1st and conspiracy 5th. Sloan is accused of conspiring with another person to introduce contraband into the Genesee County Jail on June 23. 

Bonnie L. Cortright, 37, of Holland Avenue, Batavia, is charged with petit larceny. Cortight was arrested at 9:30 p.m. on July 10 on Veterans Memorial Drive. Details on Cortright's arrest were not released. Cortright was issued an appearance ticket.

Reward offered in case of stolen utility cart

By Howard B. Owens
stolen utility cart

Rick Mancuso is offering a reward for the arrest of a suspect and the recovery of a stolen utility cart from outside T.F. Brown's in Batavia.

The person in the surveillance pictures is a suspect. 

Mancuso will pay the person who provides information leading to arrest and recovery either $75 cash or a $100 T.F. Brown's gift card.

To provide information in the case, call Batavia PD at (585) 345-6350.

stolen utility cart

Law and Order: Batavia man accused of not surrendering rifle in compliance with order of protection

By Howard B. Owens
peter_cino
Peter Cino

Peter J. Cino, 56, of Batavia, is charged with menacing 2nd, criminal possession of a weapon 4th and harassment 2nd. Cino is accused of hitting another person on June 13 at a location on Bank Street during an argument and of threatening that person with a hammer. He was arraigned in City Court, and an order of protection was issued. On June 15, police learned that Cino was possibly in possession of a firearm he had not surrendered as required by the order of protection. Officers obtained a search warrant and located a rifle in the bedroom closet.  He was then charged with criminal contempt 2nd and two counts of criminal possession of a weapon 3rd. He was arraigned and ordered held in jail.

norman_michael
Norman Michael

Michael Norman, no age or address provided, is charged with criminal sale of a controlled substance 2nd, a Class A2 felony, two counts of criminal possession of a controlled substance 3rd, and conspiracy 2nd. Danielle Michael, no age or address provided, is charged with two counts of criminal possession of a controlled substance 3rd, conspiracy 2nd, and criminal use of drug paraphernalia 2nd. Marcus Mobley,  no age or address provided, is charged with criminal possession of a controlled substance 7th. The three suspects were arrested on May 28. It's alleged that Norman Michael contacted his wife and arranged for her to sell a large quantity of narcotics to Marcus Mobley. After the sale, Batavia NET officers conducted a vehicle stop on Mobley's vehicle, which led to a narcotics seizure. Release status not provided.

Kenneth B. Jordan, 31, of Batavia, is with strangulation 2nd, attempted assault 3rd, unlawful imprisonment 2nd, and two counts of endangering the welfare of a child. Police responded to a report of a disturbance on June 22 at a location on Liberty Street. Jordan is accused of strangling a victim and refusing to let her leave a residence. Two children were present at the time of the incident. Jordan was arraigned and ordered jailed.

Angelina J. Baumgart, 33, of Batavia, is charged with criminal possession of stolen property 5th, criminal possession of stolen property 4th, criminal possession of stolen property 3rd, criminal impersonation 2nd, and aggravated unlicensed operation of a motor vehicle 2nd. A Batavia police officer initially stopped Baumgart's vehicle on June 8 for an alleged stolen license plate. After an investigation, police determined the vehicle itself was stolen. Baumgart allegedly lied about her name and was found in possession of crack cocaine. She was arraigned and ordered held in jail.

Jeanna M Hattaway, no age or residence provided, is charged with criminal possession of a weapon 3rd and criminal possession of a controlled substance 7th. Hattaway's vehicle was stopped on Jan. 30. allegedly found in possession of a small club wrapped in razor wire as well as methamphetamine and cocaine. She also had two warrants pending from two separate cases. She was arraigned and released.

Jamie A. Dutton, 31, of Batavia, and Sandra L. Marsceill, 53, of Batavia, are charged with petit larceny. The pair are accused of stealing a hammock chair from Aldi. They were issued appearance tickets. Dutton was also charged with petit larceny on June 26 by State Police in connection with an alleged theft reported at 1:15 a.m. on that date in the town of Batavia.

Jessica D. Delcour, 41, of Wyoming, was arrested on a warrant on June 18. Delcour was initially arrested on Feb. 16 on a charge of criminal trespass 2nd. The warrant was issued after she allegedly failed to appear in court. She was arraigned in City Court and released. 

Isaiah J. A. Munroe, 34, of Batavia, is charged with criminal tampering 3rd. Munroe is accused of causing a disturbance at Advance Auto Parts on June 14 and shoving a cashier's computer, keyboard, and receipt printer off the county. He was issued an appearance ticket.

Adrienne S. Bechtold, 28, of Batavia, was arrested on June 13 on three warrants. The warrants were issued after Bechtold allegedly failed to appear in court, on three separate criminal cases. She was arraigned in City Court and remanded to the Genesee County Jail on $2,500 bail, $5,000 bond or $10,000 partially secured bond. 

Michael J. Miller, 46, of Batavia, was arrested on June 21 on a warrant alleging failure to register a change of address as a sex offender. He was arraigned in City Court and jailed without bail.

Katty L Jackson, 28, of Batavia, is charged with criminal mischief 4th. Jackson is accused of damaging an iPad on June 26 during an argument at a residence on Pearl Street. She was issued an appearance ticket.

Benjamin G. Evans, 35, of Batavia, was arrested on two bench warrants on June 24. Both warrants stem from incidents where Evans was charged with obstructing governmental administration 2nd. Evans was arraigned and released. 

Michael C. Smith, 32, of Batavia, is charged with petit larceny. Smith is accused of shoplifting at Aldi. He was issued an appearance ticket.

Steven Kevin Underhill, 27, of Webber Avenue, Oakfield, is charged with reckless endangerment 2nd. Underhill is accused of firing a shotgun on July 1 while in a residential neighborhood and under the influence of a narcotic. Underhill was processed at the jail and released on an appearance ticket.

Robzeem Estevez, 29, of Hillside Avenue, Syracuse, is charged with trespass. Estevez is accused of being on private property on Park Road on July 2 at 9:28 a.m. after previously being barred from being on the property. He was issued an appearance ticket.

An 18-year-old is charged with obstruction of governmental administration 2nd in connection with an incident reported at 1:47 p.m. on June 30 in the town of Batavia. The juvenile is from Le Roy. The State Police state an investigation is pending.

 

Law and Order: Inmate accused of drug possession in jail

By Howard B. Owens

Adam Troy Shipwash, 44, of West Main Street, Batavia, is charged with possession of dangerous contraband in prison 1st, possession of contraband while in prison 2nd, attempted criminal contempt 2nd, and criminal possession of a controlled substance 7th. In connection with an incident reported at 9:20 am.. on June 26, Shipwash was arrested that afternoon. Full details of the events that led to his arrest were not provided, except that he is accused of possession of a controlled substance while in the Genesee County Jail and that he attempted to contact a protected party. He was arraigned on June 27.

Allyson Paige Lawrence, 29, of Minnick Road, Lockport, is charged with petit larceny and conspiracy 6th. Lawrence and Warren Thomas Cotton and Paige were located behind the strip mall at 4133 Veterans Memorial Drive, Batavia, by Deputy Jeremy McClellan at 11:40 p.m. on June 10 and allegedly found with unopened merchandise in a Walmart cart. When the subjects saw a patrol vehicle approaching, the two people started walking away. Both subjects reportedly tried to avoid the deputy and disobeyed lawful orders to stop. The subjects were detained. Upon investigation, Lawrence and Cotton were charged with petit larceny and accused of shoplifting from Walmart.  

Martin James Dolivo, 66, of English Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, drinking alcohol in a motor vehicle, and moving from lane unsafely. Dolivo was allegedly involved in a motor vehicle accident at 7:31 p.m. on June 29 on Vallance Road, Le Roy. The accident was investigated by Deputy Zachary Hoy and Deputy Jonathan Dimming. Dolivo was released on appearance tickets.

Lisa Ann Strong, 41, of West Proverbers Court, Lecanto, Fla., is charged with trespass. Strong was arrested for allegedly entering private property on West Main Street Road, Batavia, after being barred from the property. She was issued an appearance ticket.

Alec R. Posa-Whittington, 24, of Briarwood Terrace, Batavia, is charged with criminal mischief 4th, unlawful imprisonment 2nd, and harassment 2nd. Posa-Whittington is accused of preventing a person from leaving a residence and from placing a call to 9-1-1 during a disturbance on Briarwood Terrace, Batavia, at 4:12 a.m. on June 29. Posa-Whittington is also accused of making unwanted physical contact with the person. Posa-Whittington was held for arraignment.

Two hour standoff on South Main Street ends without further incident

By Howard B. Owens
martin jones
Martin Jones

A Batavia man faces felony charges after engaging in police in a two-hour standoff at an apartment building on Friday on South Main Street in Batavia.

Martin F. Jones, 53, is charged with burglary in the second degree, menacing in the third degree, and harassment in the second degree.

Following his arrest, he was arraigned in City Court and ordered held pending his next court appearance.

The incident began around noon when a caller reported that a man was attempted a break-in at 11 South Main St.

The caller stated the man was in possession of a gun and had threatened the caller following an earlier argument. 

When officers from Batavia PD arrived, they learned the suspect had retreated into another apartment and threatened use of an "AK." 

The other tenants of the complex were evacuated while officers attempted to contact the suspect.

Residents in the area who were unable to leave were advised to shelter in place.

South Main between Oak Street and the footbridge was closed to traffic.

The suspect refused to cooperate with officers.

Batavia officers were assisted by deputies and troopers.

The Crisis Negotiations Team from Batavia PD was able to make contact with the suspect. The suspect surrendered about two hours later without further incident. 

Jones was taken into custody and processed on the listed charges. 

Second person charged in connection to body found in Alabama in March

By Howard B. Owens

A second person has been charged in the death and apparent dumping of the body at a location in the town of Alabama in March.

Norman S. "Bud" DeBois, 45, of Lockport, is charged with hindering prosecution in the first degree, a Class D felony, tampering with physical evidence, a Class E felony, concealment of a human corpse, a Class E felony, and conspiracy in the fifth degree, a Class A misdemeanor.

Previously, on April 19, Kathryn A. "Kit" Henry, 33, of Lockport, was charged with murder in the second degree, a Class A-1 felony, assault in the first degree, a Class B felony, concealment of a human corpse, a Class E felony,  hindering prosecution in the first degree, a Class D felony, tampering with physical evidence, a Class E felony, conspiracy in the second degree, a Class B felony, and conspiracy in the fourth degree, a Class E felony.

On March 19, deputies found the body of Michael G. Poole, 59, of Olcott, during an investigation into a missing person report.

A third person is also expected to be charged. The Sheriff's Office said there is no threat to public safety. That person is in custody on unrelated charges.

DeBois was arraigned on Friday and released under supervision. He is scheduled to appear in Alabama Town Court on July 16. 

Sheriff's Office reports four people charged at Kenny Chesney concert at Darien Lake

By Howard B. Owens

The following individuals were charged at the Kenny Chesney concert at Darien Lake Performing Arts Center on June 27:

  • Joseph A Stephany, 18, of Le Roy, charged with possession of alcohol under 21.
  • Joseph A. Dirisio, 18, of Batavia, charged with possession of alcohol under 21.
  • Emily J. Schlabach, 19, of Clarence, charged with trespass after allegedly reentering the concert venue after being ejected.
  • Marissa T. Peters, 22, of North Tonawanda, charged with harassment 2nd after allegedly striking another person while inside the venue.

All four individuals were issued appearance tickets.

Law and Order: In separate cases, five suspected drug dealers arrested

By Howard B. Owens

Louvan S. "Ty" Norman, 38, of Treyer Street, Rochester, is charged with four counts of criminal sale of a controlled substance 3rd and four counts of criminal possession of a controlled substance 3rd. Norman was arrested on a sealed indictment warrant on May 29 following an investigation by the Local Drug Task Force. Norman is accused of selling quantities of crack cocaine to agents of the task on four separate occasions while in the city of Batavia. He was arraigned in County Court and released under supervision.

Nathaniel L. Beglinger, 32, of Peaviner Road, Alexander, is charged with two counts of criminal sale of a controlled substance 3rd and two counts of criminal possession of a controlled substance 3rd. Beglinger was arrested on May 21 on a sealed indictment warrant stemming from an investigation by the Local Drug Task Force. Beglinger is accused of selling quantities of crack cocaine in Alexander to agents of the task force. He was arraigned in County Court and released on his own recognizance.

Kyle J. Stack, 38, of North Spruce Street, Batavia, is charged with three counts of criminal sale of a controlled substance 3rd and three counts of criminal possession of a controlled substance 3rd. Stack was arrested on June 21 on a seal indictment warrant at his place of employment. Stack is accused of selling quantities of crack cocaine to an agent of the Local Drug Task Force in the city of Batavia. He was arraigned in County Court and released on his own recognizance.

Andre D. Coley, 32, of South Platt Street, Albion, is charged with two counts of criminal sale of a controlled substance 3rd and two counts of criminal possession of a controlled substance 3rd.  Coley was arrested on May 23 on a sealed indictment warrant upon his release from custody in the Orleans County Jail on unrelated charges. Coley is accused of selling quantities of crack cocaine to an agent of the Local Drug Task Force on two occasions in the city of Batavia. He was arraigned in County Court and released on his own recognizance.

Mathew P. Parker, 34, of Liberty Street, Batavia, is charged with two counts of criminal sale of a controlled substance 3rd and two counts of criminal possession of a controlled substance 3rd. Parker was arrested on May 21 on a sealed indictment warrant by Batavia PD NET officers following an investigation by the Local Drug Task Force. He allegedly sold quantities of crack cocaine to an agent of the task force. He was arraigned in County Court and released on his own recognizance.

Galena Ann Esainko, 31, of Lippold Road, Darien, is charged with four counts of endangering the welfare of a child and harassment 2nd. No information was released by the Sheriff's Office on what led to the charges. The alleged incident was reported on June 19 at 8:10 p.m. at a location on Lippold Road, Darien. Esainko was held pending arraignment.

Andres Manuel Cabrera, 29, of Pershing Parkway, Mineola, is charged with attempted assault 2nd (with intent to cause injury to a police officer), criminal mischief 3rd, resisting arrest, obstructing governmental administration, and intent to damage property. Deputies responded to the Quality Inn and Suites at 12:18 a.m. on June 17 to investigate a criminal mischief complaint. While conducting an investigation, deputies attempted to detain Cabrera. Cabrera is accused of attempting to run from officers and then fighting with officers. Hw arrested and transported to the jail for processing. He was released on an appearance ticket. The arresting officers were Deputy Jacob Kipler and Deputy Mason Schultz.

Amethyste Rose Fleming, 25, of Bowen Road, Alexander, is charged with endangering the welfare of a child and criminal mischief 3rd. According to deputies, Flemming's child left the house unattended for hours while the temperatures exceeded 90 degrees. They also alleged Fleming's son got outside the residence unattended and walked approximately a quarter of a mile down the road with Fleming's two German Shepherds to a neighbor's house, where the dogs attacked a goat. The incident was reported at 4:39 p.m. on June 18. Fleming was transported to the jail and held pending arraignment. 

Ryan Michael Bolivar, 43, of South Elm Avenue, Fresno, Calif., is charged with driving while impaired by drugs, vehicle lights not meeting standards, and drinking or using cannabis in a motor vehicle. Bolivar's vehicle was stopped at 10:17 p.m. on June 20 on Lewiston Road by Deputy Jacob Kipler. He was transported to the jail for processing and released.

Jamie L. Dalba, 42, of Pine Street, Oakfield, is charged with criminal possession of a controlled substance 7th. Dalba was allegedly found in possession of cocaine at 3:42 a.m. on June 24 at a location on South Pearl Street, Oakfield. He was processed at the jail and released.

 

Sheriff's Office seeking assistance in recovery of stolen bike

By Press Release
missing bike
Submitted photo of what missing bike looks like

Press release:

The Genesee County Sheriff's Office is investigating the larceny of a Silver Cannondale Quick Disc 3 Bicycle. See attached stock photo. The larceny occurred in the Town of Batavia last night on June 23, 2024. The bicycle was cut from a bike rack attached to the victim's vehicle. If anyone locates this bicycle or has any information requiring the larceny please contact the Genesee County Sheriff's Office, Deputy Jenna Ferrando, at 585-343-5000.

Law and Order: Batavia teen accused of attacking police officers

By Howard B. Owens
tacarie broadbent
Tacarie Broadbent

Tacarie M. Broadbent, 18, of Batavia, was arrested on May 23 on a warrant. He is charged with menacing 2nd, criminal possession of a weapon 4th, criminal mischief 4th, obstruction of governmental administration 2nd, and assault 2nd. The warrant stemmed from an incident reported on May 3. Broadbent was accused of threatening another person with a knife. When police arrived on scene, he allegedly attacked and injured responding officers. He was arraigned in City Court and jailed.

Jennifer Moore, 38, of Ellicott Street, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 3rd, inadequate muffler, and insufficient tail lamp. Akeem Gibson, 34, of West Main Street Road, Batavia, is charged with two counts of criminal possession of a controlled substance 3rd. A vehicle driven by Moore was stopped by deputies at 1:45 a.m. on June 1 in the area of Park Road and Oak Street, Batavia. During the traffic stop, deputies requested the assistance of Officer Stephen Quider and K-9 Batu, Batavia PD. As a result of the investigation, Moore and Gibson were accused of possessing a large quantity of narcotics. Moore and Gibson were held pending arraignment.

Norman P. Michael, 38, of Batavia, is charged with criminal possession of a controlled substance with intent to sell, tampering with physical evidence, and construction of governmental administration. Michael was arrested on May 27 after an officer working with the Neighborhood Enforcement Team allegedly witnessed Michael make a drug transaction. Michael allegedly fled from the officer and that he threw a large quantity of narcotics down a storm drain. The police did not release whether the drugs were recovered. Michael was arraigned in City Court.

Paul Harrison Pelton-Wibbe, 26, of Lewiston Road, is charged with criminal possession of a firearm or knife. At 6:35 p.m. on May 30, deputies were dispatched to the town of Alabama. The nature of the call is redacted from the press release.  The suspect, Pelton-Wibbe, reportedly left on a bicycle prior to the deputies arriving. he was located but allegedly refused to stop for deputies. He was taken into custody after an alleged brief struggle. A search allegedly revealed his possession of a 4 Kung Fu Stars. A further section of the press release was redacted. He was issued an appearance ticket.

Rachel A. Baehr, 37, of Le Roy, is charged with petit larceny. Baehr is accused of not returning a friend's dog she was caring for. She allegedly sold the dog to another person. Baehr was issued an appearance ticket.

Michael D. Strobele, 46, of Buffalo, is charged with criminal possession of a controlled substance 7th. Strobele is accused of attempting to smuggle methamphetamine into the UMMC emergency room on Sept. 23. Strobele was arrested on May 21 and issued an appearance ticket.

Samuel R. Blackshear, 23, of Batavia, is charged with assault 3rd and endangering the welfare of a child. Blackshear is accused of fighting and causing injury to another person while in the presence of a child. Blackshear was arraigned in City Court and was released.

Nathan W. Campbell, 43, of Batavia, is charged with burglary and petit larceny. Campbell is accused of stealing merchandise from Tops on May 11 after previously being barred from the property. He was arraigned and released. Campbell was arrested again on May 23 on a trespass charge for allegedly entering Tops again. He was issued an appearance ticket. On May 17, Campbell allegedly entered a church on East Main Street where he had been previously ordered not to enter. He was charged with trespass and issued an appearance ticket. He allegedly entered the same church again and was charged again. He was also charged with open alcoholic container in public.  He was again issued an appearance ticket and released.

Alicia M. Lyons, 44, of Batavia, was arrested on May 14 on seven warrants. She is charged with resisting arrest after allegedly failing to appear in court on seven prior charges and fighting with an officer when the officer attempted to take her into custody in the warrants. She was arraigned in City Court and ordered held in jail.

Nancy L. Lawrence, 72, of Batavia, is charged with soliciting alms. Lawrence is accused of being in the area of M&T Bank asking people for money. She was issued an appearance ticket.

Alice E. Torres, 59, of Batavia, is charged with harassment 2nd. Torres is accused of hitting another person during a fight on Woodrow Road on May 12. She was issued an appearance ticket.

Katie L. Farewell, 35, of Batavia, is charged with unnecessary noise. Farewell is accused of playing loud music on May 11 in violation of Batavia Municipal Code. She was issued an appearance ticket.

Ronald W. Ball, 58, of Batavia, is charged with criminal trespass 2nd and harassment 2nd. Ball is accused of entering another person's residence without permission and striking and shoving that person. He was arraigned and released.

Valeria A. Antonetty, 43, of Batavia, is charged with DWI. Antonetty was charged following a vehicle accident on May 11 in the drive-thru of McDonald's on East Main Street, Batavia. She was issued an appearance ticket.

Paul W. Schwandt, 56, of Alexander, is charged with DWI. Schwandt was allegedly involved in a fight in the McDonald's parking lot on East Main Street on May 11. He was arraigned and released.

Michael C. Mirabal, 51, of Batavia, was arrested on a warrant on May 15. He was initially charged with driving while ability impaired by drugs on Dec. 8. He allegedly failed to appear in court as ordered. He was arraigned in City Court and released.

Jennifer L. Allegue, 52, of Batavia, was arrested on May 14 on a warrant. Allegue was initially charged with aggravated unlicensed operation of a motor vehicle 3rd, after a traffic stop on Jan. 25. The warrant was issued after she allegedly failed to appear in court. Allegue was arraigned and released. 

Garret J. Walker, 21, of West Seneca, is charged with DWI. Walker was stopped on May 7 on West Main Street by a Batavia patrol officer. He was issued an appearance ticket.

Douglas G. Goodwin, 33, of Basom, is charged with aggravated unlicensed operation 1st. Goodwin is accused of driving a motorcycle in the city of Batavia on May 26 while his driver's license was restricted by more than 10 suspensions. He was issued an appearance ticket and released.

Alvin E. Way, 63, of Batavia, is charged with burglary 2nd and criminal contempt 2nd. Way was arrested on May 18, accused of entering a residence on River Street in violation of an order of protection. He was arraigned and jailed.

Steven J. Godinho, 39, of Batavia, is charged with criminal mischief 3rd. Godinho was arrested on May 17, accused of damaging a TV during a fight on Richmond Avenue. He was arraigned in City Court and released.

Donald D. Ryan, 40, of Pembroke, and Melvin G. Draper, 40, of Pembroke, are charged with criminal possession of a controlled substance 7th. Ryan and Draper were reportedly in a vehicle stopped for an alleged infraction on May 22 in the city of Batavia. K-9 Officer Stephen Quider and K-9 Batu were requested to the scene. After a positive alert, police searched the vehicle and reportedly located a quantity of narcotics. Ryan and Draper were issued appearance tickets. 

Alena N. Burr, 23, of Batavia, is charged with harassment 2nd. Burr is accused of pushing a Batavia patrol officer on May 19 during a disturbance at a residence on South Main Street. Burr was issued an appearance ticket.

Kevin Q. Thomas, 35, of Batavia, was arrested on a warrant on May 22. He is charged with criminal trespass 2nd, endangering the welfare of a child, and harassment 2nd. Thomas is accused of entering a residence on Feb. 10 and fighting with another person in the presence of a child. He was arraigned and released.

Justin M. Wotherspoon, 27, of Batavia, was charged with criminal contempt 2nd. Wotherspoon was arrested on May 22 and accused of violating an order of protection. He was issued an appearance ticket.

Amanda L Dennis, 43, of Batavia, is charged with petit larceny. Dennis is accused of shoplifting at Tops. She was issued an appearance ticket.

John W Biasell, 55, of Batavia, and Bill A. Thomas, 64, of Batavia, are charged with open containers in public. They were charged on May 16. They were allegedly found in the Peace Garden with open alcoholic beverage containers. They were issued appearance tickets.

Peter C. Ayala, 59, of Batavia, is charged with DWI. Ayala was stopped on May 17 on School Street by a Batavia patrol officer. He was issued several tickets and released.

Alice E. Torres, 59, of Batavia, is charged with harassment 2nd. Torres is accused of punching and kicking another person at a residence on Woodrow Road on May 12. She was issued an appearance ticket.

Michele A. Struzyk, 64, of Batavia, is charged with criminal mischief 4 and two counts of harassment 2nd. Struzyk is accused of hitting another person and of damaging property during a fight on Richmond Avenue on May 16. Struzyk is accused of intentionally slamming a door into a responding officer. She was arraigned in City Court and released.

Michael S. Mault, 29, of Batavia, is charged with driving while ability impaired by alcohol. Mault was stopped on June 8 for allegedly speeding. He was issued traffic tickets and released.

Jeremy Lyons, 39, of Mount Morris, was arrested on a warrant on May 18. On April 28, he was charged with DWI. A warrant was issued after he allegedly failed to appear in court. Lyons was arraigned and released. 

William E. Tolliver, 61, of Batavia, is charged with DWI. Tolliver was stopped on June 10 by a Batavia patrol officer on Washingto Avenue on possible vehicle and traffic law violations. He was issued traffic tickets and released.

Jacob W. Patterson, 28, of Batavia, was arrested on June 7 on a warrant. Patterson was located by a Batavia patrol officer in the area of Jackson Street and Central Avenue. When the officer attempted to stop him, he allegedly ran from police. He was taken into custody in the back yard of a residence on Dawson Place. He was arraigned and released.

Ryan A. Maxwell, 20 of Batavia, is charged with two counts of harassment 2nd. Maxwell is accused of punching a male and slapping a female during an argument in Austin Park on June 6. He was issued an appearance ticket.

Michael S. Mattern, 50, of Batavia, is charged with harassment 2nd and trespass. Mattern is accused of refusing to leave a business on June 7 and attempting to punch an employee. He was arraigned and released.

John T. Grande, 54, of Buffalo, is charged with driving while ability impaired by drugs. He was arrested June 5. Following an investigation by a Batavia police officer, Grande was arrested on suspicion of driving a motor vehicle on April 22 under the influence of marijuana. He was issued an appearance ticket. 

Danny J. Torok, 37, of Rochester, was arrested on a warrant on June 7. Torok allegedly failed to appear in court as ordered on a driving while ability impaired by drugs charge. Torok entered to a guilty plea and was sentenced to 15 days in jail.

Dannie J. Sims, 68, of Albion, is charged with grand larceny 4th and petit larceny. He is also charged in a separate incident with petit larceny and harassment 2nd. Sims is accused of stealing a wallet from a customer at Tops. He was arrested on May 31 when he returned to Tops and was identified as the suspected thief after allegedly stealing merchandise from the store. Sims was issued an appearance ticket.

Paul W. Schwandt, 56, of Alexander, is charged with criminal possession of a weapon 3rd and menacing 2nd. Schwandt is accused of threatening another person with a golf club during a confrontation on East Main Street on June 3. He was arraigned and released.

Mark A. Remington, 50, of Batavia, is charged with sex offender failure to register, 2nd offense. He was arrested on May 30. Remington is a registered sex offender. It’s alleged that Remington possessed an unregistered social media account and phone number.  He was arraigned in City Court and remanded to the Genesee County Jail. 

Benjamin G. Evans, 35, of Batavia, is charged with obstructing governmental administration 2nd. Evans was charged on May 30 after patrol officers reportedly observed him riding a bicycle. They attempted to arrest him on an outstanding warrant, but Evans allegedly fled from police on his bike. He was eventually taken into custody in the backyard of a residence on State Street. He was issued an appearance ticket.

Jeanna M. Hattaway, 37, of Batavia, is charged with petit larceny. Hattaway is accused of shoplifting from Family Dollar on East Main Street, Batavia. She was issued an appearance ticket.

Christopher William Fowler, 35, of Pratt Road, Batavia, is charged with DWI. Fowler was stopped at 7:23 on May 15 on Pearl Street, Oakfield, by Deputy Nicholas Chamoun. He was issued an appearance ticket.

Sean Michael Conway, 47, of Indian Falls Road, Pembroke, is charged with driving while impaired by drugs, criminal possession of a controlled substance, criminal use of drug paraphernalia 2nd, aggravated unlicensed operator, and unlicensed driver. Conway was stopped at 10:38 a.m. on May 17 by Deputy Jenna Ferrando on West Main Street Road, Batavia. He was held pending arraignment.

Brandon J. March, 39, of South Lyon Street, Batavia, is charged with criminal contempt 1st.  March is accused of using the Genesee County Jail 13 times to call a person he was ordered by a court to not contact. He was arrested on May 12 and held pending arraignment.

Jason W. Warner, 42, of Batavia, is charged with DWI. Warner was stopped on May 31 for allegedly running a red light. She is accused of driving while intoxicated and also having switched plates on her vehicle. She was arraigned and released.

James Carl Malone, 27, of Clinton Street Road, Batavia, is charged with harassment 2nd. Malone is accused of striking a woman with an open hand during a disagreement at 6:45 a.m. on May 31 at a location on Clinton Street Road. He is also accused of scratching the woman on her chest. He was issued an appearance ticket.

Ryan Philip-Harrison Clarke, 34, of North Street, Le Roy, is charged with criminal mischief 3rd. Clarke is accused of throwing objects at a moving vehicle on West Main Street, Le Roy, at 2:02 p.m. on June 3. He was processed at the Genesee County Jail and released.

Layliana Monet Shine, 19, of Albion, is charged with criminal contempt 2nd and harassment 2nd. Shine was charged following an incident reported at 9:18 a.m. on June 8 on Pratt Road, Batavia. She was held pending arraignment.

Laurie A. Pearse, 53, of Gabbey Road, Pembroke, is charged with criminal possession of a firearm 2nd, grand larceny 4th, and falsely reporting an incident. Peare was arrested on June 5 for allegedly stealing a firearm from a location in Pembroke. She is also accused of calling 9-1-1 to make a false report of a domestic incident to obtain a police response. Pearse was held pending arraignment.

Mark David Heidenreich, 34, of Colony Run, Attica, is charged with harassment 2nd. Heidenreich is accused of threatening to beat somebody up at 2:30 p.m. on June 9 at a location on Hyde Park in Batavia. He was issued an appearance ticket.

Allyson Paige Lawrence, 29, no fixed address, is charged with criminal possession of a controlled substance 7th. Lawrence was allegedly found in possession of methamphetamine at 1:30 a.m. on June 3 on Veterans Memorial Drive.  The narcotic was allegedly found in her purse during a custody search. She was issued an appearance ticket.

Jordan Richard Rose, 23, of Oakfield, is charged with criminal contempt 1st.  Rose is accused of violating an order of protection on April 21 on Prole Road, Stafford. He was arrested on June 10. He was arraigned and released under supervision.

Christopher George Mayorga, 48, of Telephone Road, Pavilion, is charged with three counts of criminal possession of a weapon 4th.  He is accused of possessing on June 13 two shotguns and a rifle as a convicted felon. He was held pending arraignment. 

Danny Devon Williams, 35, of Liberty Street, Batavia, is charged with assault 3rd. Williams is accused of fighting at 3 p.m. on June 11 in the Genesee County Jail, resulting in an injury to another inmate. He was issued an appearance ticket.

Marissa Bea Torres, 33, of Liberty Street, Batavia, is charged with criminal mischief 3rd, endangering the welfare of a child, and criminal possession of a controlled substance 7th. Torres is accused of breaking the windshield of a vehicle during an argument at 11:11 a.m. on June 18 at a location on Park Road, Batavia. There were allegedly two children in the victim's car at the time. She is also accused of possessing a controlled substance and drug paraphernalia. He was processed at the Genesee County Jail and released.

Andres Manuel Cabrera, 29, of Pershing Parkway, Mineola, is charged with obstructing government administration, driving left of pavement markings, unsafe passing, making a U-turn on a grade or curve, and signaling illegally from a parked position. Cabrera is accused of fleeing from a traffic stop at 8:21 on June 15. He eventually stopped on Route 5 at Boyce Road. He allegedly refused to leave the vehicle and locked the doors. He was arrested, processed at the Genesee County Jail, and released on an appearance ticket.

After possible gunfire, an 11-hour standoff on West Main Street Road ends safely

By Howard B. Owens
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After receiving reports of gunfire in the area of 3310 West Main Street Road, Batavia, shortly after noon on Tuesday, Sheriff's deputies engaged in a standoff with a resident that lasted until after 11 p.m.

There were no injuries to the resident, neighbors, or responding personnel, said Chief Deputy Brian Frieday. 

Friday noted the area is a fairly residential neighborhood with houses close together and a trailer park nearby, so law enforcement carefully assessed the situation and moved slowly in trying to coax the man out of the small house on the property. 

"Just in dealing with anybody with a gun call these days, sometimes you have to take the time and the extra caution to make sure you're dealing with it properly and safely," Frieday said.

Based on multiple witness statements supporting the assertion that there was gunfire on the property, the Sheriff's Office was able to obtain a search warrant for the house.

Throughout the 11-hour standoff, deputies continued to try and talk the man out of the residence.  Every 15 minutes or so, deputies with guns drawn and using shields approached the house and spoke through a bullhorn, telling the man to come out of the house.

Frieday said the man responded once to deputies, but "that ended quickly."

The details of how the subject was taken into custody have not been released, but there were no injuries, Frieday said. He indicated there was no struggle.

Asked if he knew what shots were fired, Frieday said any answer he might give would be speculation.

"I wouldn't want to say anything that wouldn't be 100 percent accurate," Frieday said.

After investigators entered the residence, they were seen removing possible weapons and taking inventory of them at the scene.

While at the scene, with the investigation ongoing, Frieday didn't want to release the possible charges against the suspect.  At least one potential charge was needed to get the warrant, but Frieday said he didn't want to release that charge until a press release was issued with all possible charges.

Asked what possible charges might apply to the situation, Frieday said it's illegal to fire a gun within 500 feet of a residence, there is possibly reckless endangerment, and "a few different things," he said.

Route 5 west of Wortendyke was closed to traffic throughout the standoff.  That, too, Frieday said, was done out of an abundance of caution.

"If ever something were to break out and a passerby on the road was to have something bad happen to them, we certainly wouldn't want that," Frieday said. "We wouldn't want to second-guess that."

That's also why several homes in the immediate vicinity were evacuated, Frieday said. 

Frieday said if other witnesses would like to come forward, they can call the Sheriff's Office at 585-343-5000.

UPDATE: Ryan J. Goldman, 31, was charged with reckless endangerment 2nd and discharge of a firearm within 500 feet of a residence, an unclassified misdemeanor. He was issued an appearance ticket and released.

Photos by Howard Owens.

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Lewiston Road resident reportedly fires on deputy responding to burglary report

By Howard B. Owens

An 81-year-old man whom investigators believe was injured during an attempted burglary of his residence on Tuesday morning reportedly exchanged gunfire with a deputy who responded to 7924 Lewiston Road at 3:41 a.m. to a reported burglary.

Neither the deputy nor the resident, identified as Gregory Poole, were injured in the incident.

According to the Sheriff's Office, a deputy -- not identified -- responded to the call and was approaching the home when he confronted a person outside the residence. The deputy identified himself, and the person fired a gunshot in the direction of the deputy. The deputy returned fire while continuing to identify himself, but the person continued to fire his gun.  

The deputy took cover and called for backup. 

Upon the arrival of a second deputy, the person was taken into custody without further incident. 

The Sheriff's Office says that neither the deputy nor the subject were struck by gunfire, and neither sustained an injury as a result of the gunfire.

The type of firearm used by the subject has not been released.

Poole was reportedly injured in a struggle with the burglary suspect.

It's believed the burglary suspect fled the scene before the deputy arrived. The area was searched, but the suspect was not located.

Once Poole was released from the hospital, he was charged with reckless endangerment in the first degree and menacing a police officer. He was arraigned and released on his own recognizance.

The Sheriff's Office states that the investigation into both the burglary and the gunfire is ongoing.

Police investigating burglary at Batavia Marine

By Howard B. Owens

Batavia PD is investigating a burglary at Batavia Marine and Sporting Supply Store, 411 West Main St., that occurred during the early morning hours of May 27.

Patrol officers responded to a burglary alarm at 2:30 a.m. and, upon arrival, discovered evidence of forced entry into the building.

Further investigation revealed that the property was taken from the building.

The police did not release the nature of the property taken.

Detectives responded to the scene to gather additional evidence.

Anyone with any information regarding the incident is asked to contact Detective Jason Ivison by calling 585-345-6350 or submitting by clicking here.

Batavia Marine has operated by appointment only since July.

Previously: By appointment only: Mike Barrett winding down after 50-plus years at Batavia Marine

Elmore, Wilcox make initial County Court appearances in Sanfratello case

By Howard B. Owens
Lyndsey Jean Wilcox
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Michael Elmore

Genesee County's justice system took another step forward on Monday in the prosecution of Michael J. Elmore, implicated in the March 10 death of Sgt. line-of-duty death Thomas A. Sanfratello, and co-defendant Lyndsey J. Wilcox.

Both Elmore and Wilcox appeared in County Court before Judge Donald O'Geen for the first time and their attorneys, on their behalf, entered not-guilty pleas to the criminal indictments filed against each of them.

The hearing was standard procedure, with District Attorney Kevin Finnell affirming he had supplied the defense with all available discovery material, requesting an alibis demand, and stating that the people are ready for trial.

O'Geen then outlined the case's milestone dates, including trial dates if it reaches that far in the process.

The defense attorneys—Joseph A. Lobosco for Elmore and Daniel J. Dubois for Wilcox—have until July 12 to file motions. Defense attorneys typically file motions in criminal cases challenging the admissibility of evidence, the relevance of witnesses, and the possibility of constitutional violations (though every case is different, and there's been no public discussion of what motions the attorneys might make in this case).

The prosecution has until July 26 to file an answer to the motions.

Any hearing on the motions or other pre-trial issues will be held at 9:30 a.m. on July 31.

O'Geen provided each attorney with an anticipated schedule of proceedings after initial motions.

He set Aug. 23 at 9:30 a.m. for a hearing on any pre-trial motions, a follow-up hearing date of Sept. 20, a plea cutoff (the last day for defendants to accept any pending plea offer before trial) of Oct. 16 and a hearing date on any pending issues for Nov. 15.  Then, if there is a trial, jury selection on Jan. 21.  Opening arguments would begin on Jan. 23, with the trial scheduled to last until Feb. 11.

When Elmore and Wilcox were first arrested, they faced the same charges and both were ordered held on $100,000 bail.

On Monday, Dubois asked that his client, Wilcox, be released under supervision given the reduction of the top charges against her to burglary and assault.  Finnell argued that since the top charges include mandatory prison terms if convicted, Wilcox should be held on bail.  O'Geen reduced her bail to $20,000 cash, $50,000 bond, or $100,000 partially secured bond.

Elmore was indicted by the Grand Jury on counts of:

  • Aggravated manslaughter in the first degree, a Class B felony. He is accused of intending to cause serious physical injury to a police officer and, as result, causing the death of a police officer;
  • Aggravated criminally negligent homicide, a Class C violent felony. He is accused of causing the death of Sanfratello with criminal negligence;
  • Assault in the first degree, a Class B violent felony. Elmore is accused of causing the death of Sanfratello while in the commission of another crime, burglary in the second degree;
  • Burglary in the second degree, a Class C violent felony. He is accused of knowingly entering a building unlawfully with the intent to commit a crime in the building and threatening to use or did use a dangerous instrument.

Elmore and Wilcox are indicted on counts of:

  • Burglary in the second degree, a Class C violent felony. Elmore and Wilcox are accused of remaining unlawfully in a building with the intent to commit a crime in the building and, while in the building, causing serious physical injury to another person;
  • Assault in the second degree, a Class D violent felony. Elmore and Wilcox are accused of causing physical injury to a police officer who was in the act of performing his official duties;
  • Obstruction of governmental administration in the second degree, a Class A misdemeanor. The pair is accused of trying to intentionally prevent a police officer from performing his official duty by means of intimidation, physical force, or interference.

Wilcox is separately charged with resisting arrest, a Class A Misdemeanor. She is accused of intentionally trying to prevent her legal arrest.

The incident that led up to Sanfratello's death began at 12:43 a.m. on March 10, a Sunday morning following a pair of events at Batavia Downs on Saturday night, when Sanfratello and Batavia Downs security responded to the Rush 34 bar for a disturbance. There, Sanfratello confronted Wilcox, 39, of Batavia and ordered Wilcox to leave the building. While being escorted out, she allegedly became combative with Sanfratello. She is accused of hitting Sanfratello several times with the intent to injure him. 

As Wilcox was being arrested, Elmore became involved and was also ordered to leave. He reportedly walked out of the building and came back in with a chain in his hand (a chain he was apparently wearing that night).

During the struggle, which included assistance from Batavia Downs security, Sanfratello reportedly tried to deploy his taser in an attempt to subdue the person attacking him.

According to initial reports, Sanfratello suffered a medical emergency during the struggle and became unresponsive. There was extensive effort, according to witnesses, to revive him with CPR. He was later pronounced dead by a county coroner.

For complete prior coverage of the case and related articles, click here

Law and Order: Warrant suspect accused of possessing a controlled substance

By Howard B. Owens

Michael Joseph Torres, 40, of Batavia, is charged with criminal possession of a controlled substance 7th.  While attempting to locate a warrant suspect, Deputy Jeremy McClellan came into contact with Torres at 2:09 p.m. on May 14 on Columbia Avenue, Batavia, who was also wanted a warrant. Torres was allegedly found in possession of a controlled substance. He was arraigned and released.

Lance Donald Beals, 53, of West Main Street Road, Batavia, is charged with menacing 2nd.  Beals is accused of pointing and shooting a BB gun toward another person, placing that person in fear of injury at 7:16 a.m. on May 14 at a location on West Main Street Road, Batavia. He was arraigned and released.

Nathan Wayne Campbell, 43, of Oak Street, Batavia, is charged with petit larceny. Campbell was accused of stealing merchandise from Walmart at 12:56 p.m. on May 13. He was released on an appearance ticket.

Grand Jury Report: Man accused of criminal possession of a weapon

By Howard B. Owens

Micahel J. Difalco is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, and menacing in the second degree, a Class A misdemeanor. Difalco is accused of possessing a dangerous instrument on Dec. 21 in the city of Batavia while having previously been convicted of a crime. He is also accused of threatening another person with a dangerous instrument.

Daniel J. House is indicted on counts of criminal contempt in the first degree, a Class E felony, and harassment in the second degree, a violation. House is accused of violating an order of protection on Jan. 23 at a location in the town of Batavia and of having unwanted physical contact with another person.

James A. Williams is indicted on counts of DWI, a Class D felony, aggravated unlicensed operation in the first degree, a Class E felony, circumventing an interlock device, a Class A misdemeanor, and obstructing governmental administration in the second degree. Williams is accused of driving a 2008 Hyundai with an Ohio license plate on Route 33 in the town of Stafford while intoxicated on Sept. 24. He was allegedly driving intoxicated while knowing or should have known that his driving privileges were suspended. The Hyundai was not equipped with an interlock device. He is accused of trying to prevent a government official from performing his official duties. The felony DWI charge stems from a prior DWI conviction in March 2019 in Rochester.

Isaac C. King is indicted on a count of bail jumping in the second degree, a Class E felony. King is accused of failing to appear in Genesee County Court as ordered on a felony charge after being released on bail or on his own recognizance on Dec. 4.

Tanisha N. Gibson is indicted on a count of criminal mischief in the second degree, a Class D felony.  Gibson is accused of intentionally damaging the property of another person on Jan. 8 with a value in excess of $1,500.

Lashayia S. Bussey is indicted on counts of grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree, a Class A misdemeanor. Bussey is accused of stealing property with a value in excess of $1,000 on Sept. 14, 2022, in the town of Batavia. She is accused of concluding with another person to commit the crime.

Shameek T. Taylor is indicted on counts of criminal contempt in the first degree, a Class E felony, and burglary in the second degree, a Class C felony. Taylor is accused of violating a stay-away order of protection on Feb. 24 in the town of Batavia. On that same date, Taylor is accused of entering a building with the intent to commit a crime within.

Evan J. Vanskiver is indicted on a count of bail jumping in the second degree, a Class E felony. Vanskiver is accused of failing to appear in City Court as ordered on a felony charge.

Jacob W. Patterson is indicted on a count of promoting prison contraband in the first degree, Class D felony. Patterson is accused of introducing two glass pipes into the Genesee County Jail on Feb. 6.

Adrian L. Sheppard is indicted on a count of bailing jumping in the second degree, a Class E felony. Sheppard, having been released on his own recognizance, is accused of failing to appear in City Court as ordered on felony charges.

 

 

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