Local Matters

Recent comments

Community Sponsors

crime

September 23, 2022 - 6:00pm
posted by Howard B. Owens in news, crime, notify, batavia, Bethany, byron, pembroke.

Bradley R. Jordan, 29, of Liberty Street, Batavia, is charged with menacing 3rd.  Jordan is accused of threatening a person on Silver Road in the Town of Bethany on Sept. at 6:58 p.m.  Jordan was located by deputies Andrew Mullen and James Stack along with K-9 Frankie and arrested.  He was arraigned in Town of Bethany Court and on that charged released on his own recognizance but held in the Genesee County Jail pending extradition to Clark County, Nevada. No information was released on the charge Jordan faces in Nevada.

Julian Willard Mills, 24, of Hartford Road, Lansing, Mich., is charged with criminal possession of a firearm. During an investigation of a reported suspicious condition on Alleghany Road, Pembroke on Sept. 19 at 11:35 a.m., Mills was allegedly found in possession of a loaded handgun. Mills was released on an appearance ticket.

Nia M. Coppini, 23, of Prestige Xing, Batavia, Jordan P. Kuczyuski, 24, of Bacon Street, Le Roy, Nathan D. Clark, 25, of Central Avenue, Batavia, and Dakota White, 24, of South Lake Avenue, Bergen, are charged with trespass. Coppini, Kuczyuski, Clark, and White are accused of being in the Byron Swamps after dark in violation of posted signs. They were released on appearance tickets.

September 22, 2022 - 5:04pm
posted by Howard B. Owens in crime, batavia, notify, news.

cassandraelmoresept222022.jpg

It was a short court appearance today for Cassandra Elmore, a Batavia woman facing three counts of injuring an animal in a case involving a dog that overdosed on narcotics.

Following an attorney conference, City Court Judge Thomas Burns announced that there were issues to be resolved in the case that needed to be placed on paper.  He ordered Elmore, who is out of jail on bail after being arrested following a previous failure to appear in court, to return to City Court at 1:30 p.m. Oct. 20.

Burns said he will hear motions in the case at that time.

Outside of court, Elmore volunteered to a reporter, "It will be interesting when you get the real case. You will be embarrassed." 

The 30-year-old Elmore was first arrested in July after she had taken her French Bulldog, Oddey, to veterinarians for emergency treatment. In each case, the veterinarians determined Oddey had overdosed on narcotics. Twice the veterinarians said they suspected Oddey had ingested cocaine.  On one occasion, Elmore reportedly said Oddey had found white powder on the kitchen floor of her residences, then on River Street.

Since that arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Twice since her arrest in July, Elmore failed to make her scheduled appearance in City Court. Once somebody called the court and said Elmore was in the hospital. The second time, somebody who identified himself as an attorney from Pennsylvania indicated he was representing her.

Assistant Public Defender Jamie Welch is representing Elmore.

While Elmore remains free on bail as her legal case continues through the judicial process, Oddey remains confined at the Genesee County Animal Shelter.

Top photo: Outside of court, Cassandra Elmore poses for the camera as she walks out of the Courts Facility with her mother. Inside of court, during her proceeding, she blew a kiss at a reporter in the courtroom. Photo by Howard Owens.

Previously:

September 22, 2022 - 4:32pm
posted by Howard B. Owens in crime, batavia, news.
andrew_j._draper.jpg
Andrew Draper

A 43-year-old Batavia man who has been arrested at least six times this year failed to show up in City Court on his criminal matters, and the attorney appointed to represent him said he couldn't locate him.

Attorney Robert Stossel said he tried the former employer of Andrew Draper and several of Draper's family members, and nobody knows where he is.  The attorney also said he has several phone numbers potentially associated with Draper and was unable to contact him.

Stossel said that Draper has made one prior court appearance so he is aware of his obligation to appear in court.

Judge Thomas Burns issued a warrant for Draper's arrest.

In the past year, Draper has been arrested on charges of petit larceny (three times), criminal mischief 4th, DWI, and criminal contempt.

September 19, 2022 - 7:39pm
posted by Howard B. Owens in crime, batavia, news, notify, elba, Alabama, Pavilion, Alexander, pembroke.

Kyle John Stack, 36, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, resisting arrest, obstruction of governmental administration, and aggravated unlicensed operation 3rd. Stack was stopped on Sept. 15 at 6:15 p.m on West Main Street, City of Batavia, by Deputy Kenneth Quackenbush for an alleged traffic infraction. Stack reportedly fled on foot and fought deputies when caught.  He was allegedly found in possession of a controlled substance. Stack was released on an appearance ticket.

James W. Zurek, 19, of Batavia, is charged with strangulation 2nd, assault 3rd and petit larceny. Zurek is accused of assaulting a person in a parking lot on Cedar Street on Aug. 29 at 6:26 p.m. Zurek was arraigned in City Court and ordered to return at 1 p.m. Sept. 14.

Amber Turner James Zurek

Amber L. Turner, 29, of Batavia, is charged with burglary 3rd and petit larceny, and in separate incidents, charged with two counts each of criminal possession of a forged instrument 2nd and petit larceny. Turner is accused of entering a business on Pearl Street, Batavia, on Aug. 23 at midnight with the intention of stealing from the location.  Turner is also accused of giving a person a forged check on Aug. 13 at 10 a.m. at a location on Pearl Street in exchange for money.  She is accused of presenting a forged check in exchange for money on Aug. 14 at 1:44 p.m. at a location on South Main Street, Batavia.

Timmy J. Frazier, 65, no permanent address, is charged with harassment 2nd, trespass and resisting arrest. Frazier is accused of trespassing at a local business on Sept. 10 at 12:18 a.m. When officers attempted to arrest him, he allegedly resisted and attempted to strike an officer.  He was issued an appearance ticket.

Thomas Michael Tacito, 62, of West Main Street, Batavia, is charged with criminal mischief 4th.  Tacito is accused of throwing a rock through a window On Sept. 14 at 1:45 a.m. at a location on West Main Street Road, Batavia. He was ordered to appear in Batavia Town Court on Sept. 27.

Anthony D. Rossi, 42, of Alfonso Drive, Greece, is charged with burglary 3rd and criminal possession of a controlled substance 7th. Rossi is accused of entering a shed attached to a residence on Oak Orchard Road, Elba, on Sept. 14 at 4:27 p.m. with the intent to commit a crime inside the structure. He was allegedly found in possession of crack cocaine at the time of his arrest. He was processed at the Genesee County Jail, arraigned in Town of Batavia Court, and ordered to return to Elba Town Court on Sept. 27.

Calvin Paul Doctor, 33, of Mitten Lane, Alabama, is charged with two counts of menacing 2nd. Doctor was arrested on a warrant stemming from an incident reported at 11 p.m., Sept. 12.  He was arraigned in Alabama Town Court and released on his own recognizance. 

Carlo Robert D'Angelo, 43, River Road, Pavilion, is charged with criminal possession of a controlled substance 7th. D'Angelo was taken into custody on a Federal arrest warrant and allegedly found in possession of methamphetamine at the time of his arrest on Sept 17 at 11:30 p.m. at a location on Park Road, Batavia.

Matthew S. Williams, 34, of Batavia, is charged with harassment 2nd and resisting arrest. Williams allegedly resisted and fled on Sept. 15 at 10:41 a.m. when Batavia patrol officers attempted to detain him on pending warrants. He was taken into custody after a short foot pursuit. He was turned over to the Genesee County Sheriff's Office on pending warrants. After processing at the jail, he was released and allegedly threw a cup of juice at a Batavia police officer leading the harassment charge. Williams was also arrested by State Police and charged with criminal contempt stemming from an incident reported on March 24 at 2:10 p.m. in the Town of Elba. He was released on his own recognizance on that arrest.

Nicole K. Dell, 36, of Warsaw, is charged with DWI/drugs, aggravated unlicensed operation, and inadequate lights. Dell was stopped on May 23 at 2:09 p.m. by a Batavia patrol officer on Ellicott Street Road, Batavia. She was arrested on Sept 13 and issued an appearance ticket.

Jamie S. Kraft, 37, no residence provided, is charged with obstruction of governmental administration, aggravated harassment and falsely reporting an incident. Kraft is accused of making numerous false reports and threatening phone calls to the Emergency Dispatch Center between Sept. 12 and Sept. 13.  Kraft was released on an appearance ticket.

Dylan J. Wilson, 26, of Batavia, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Wilson was stopped on Sept. 11 at 2:44 a.m. on West Main Street, Batavia, by a Batavia patrol officer.  Wilson was issued an appearance ticket.

Christina L. Holley, 19, of Batavia, is charged with harassment 2nd. Holley is accused of striking another person during an argument on Sept. 10 at 3:28 p.m. at a location on Swan Street, Batavia. Holley was released on an appearance ticket.

Jarrod K. Fotiathis, 27, no permanent address, and Julie R. Richardson, 31, no permanent address, are charged with criminal trespass. Fotiathis and Richardson are accused of trespassing inside an abandoned residence.  They were issued an appearance ticket and released.

Cameron A. Coles, 29, of Batavia, is charged with Criminal Contempt 1st and Harassment 2nd. Coles is accused of threatening another person in violation of an order of protection on Aug. 26 at midnight at a location on Lincoln Avenue. Coles was arraigned in City Court and released under supervision.

Jamie L. Broadbent, 39, no permanent address, is charged with grand larceny 4th. Broadbent is accused of stealing an E-bike on Sept. 8 at 6:45 p.m. at a location on Bank Street, Batavia. She was issued an appearance ticket.

Ericc P. Doleman, 52, of Pembroke, is charged with burglary 3rd and petit larceny. Doleman is accused of entering a business and taking a packet from inside the business on Aug. 22 at 1:09 a.m.  Doleman was arraigned in City Court and ordered to return at a later date.

Matthew R. Taylor, 39, no permanent address, is charged with burglary 3rd and petit larceny. Taylor is accused of entering a business on West Main Street, Batavia on Sept. 12 at 9:43 p.m. and stealing alcohol. He was arraigned in City Court and released.

Aaron T. Hendershot, 26 of Batavia (he is also listed as an Auburn resident), is charged with criminal mischief 3rd, obstructing governmental administration, criminal contempt 2nd, criminal trespass 2nd, and criminal mischief 2nd. Hendershot was arrested three times. He is accused of damaging property during a dispute on Ellsworth Avenue on Sept. 10 at 9:45 p.m. He was arrested again on criminal contempt and trespass changes for an incident reported on Sept. 11 at 7:57 p.m. at a location on Ellsworth Avenue. He is also accused of kicking both rear doors of a patrol car resulting in significant damage on Sept .11 at 8:39 a.m. On the criminal contempt charge, Hendershot was ordered held on bail.

Leonard E. Aguayo, 35, of Rochester, is charged with criminal contempt 2nd. Aguayo was arrested by State Police for an alleged incident reported on Sept. 17 at 6:47 p.m. in the Town of Batavia. Aguayo was issued an appearance ticket. No further details released.

Sugeiry Vazquez, 33, of Rochester, is charged with bail jumping 2nd. The charge is out of the Town of Batavia. He was arrested by State Police on Sept. 17 at 2:30 a.m. in the Town of Cheektowaga and ordered held on bail. No further details released.

Matthew J. Dahl, 30, of Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Dahl was stopped by State Police on Sept. 14 at 7:44 p.m. in the Town of Alexander. He was released on an appearance ticket.

September 19, 2022 - 2:37pm
posted by Howard B. Owens in crime, elba, news, notify.
hardy_mugsep2022.jpg
Raymond Hardy Chris Monfort

A citizen alerted law enforcement early Friday morning to suspicious activity on a property on Oak Orchard Road, Elba, leading to the arrest of a pair of Rochester-area men on suspicion of attempted grand larceny in the second degree.

Raymond M. Hardy, 41, of Alpine Road, Rochester, and Chris H. Monfort, 50, of Cave Hollow, Henrietta, are accused of trying to steal heavy equipment from the location.

Dispatchers took the call at 7:11 a.m.  The caller stated he didn't believe the people nor their vehicle should have been on the property they were on.

Deputies responded and investigated.

Besides the grand larceny charges, Hardy is also charged with criminal mischief 4th, and criminal possession of stolen property 5th. 

Monfort was ordered held because of two prior felony convictions. Hardy was released on his own recognizance.

The Road Patrol Division and the Criminal Investigation Division of the Sheriff's Office conducted the investigation.

September 16, 2022 - 1:19pm
posted by Press Release in crime, Le Roy, news.

Press release from Department of Social Services:

Kristin Forte, 34, formerly of Le Roy, was sentenced to a 1-year conditional discharge after pleading guilty to one count of Disorderly Conduct in Batavia Town Court on July 26, 2022.

Forte was originally charged with eight counts of  1st degree offering a false instrument for filing, five counts of 2nd-degree forgery and one count of 3rd degree grand larceny after an investigation by the Genesee County Department of Social Services Investigations Unit revealed that she failed to correctly report her income and forged signatures of her employers.  She subsequently received $3,767 in SNAP benefits she was not entitled to.

Forte has made full restitution of $3,767 to the Department of Social Services.  She will also be disqualified from receiving SNAP benefits for one year.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services Investigations Unit at (585) 344-2580, ext 6417 or 6541

September 15, 2022 - 5:59pm
posted by Joanne Beck in news, crime, volunteers for animals, batavia, notify.

2022cassandraelmore_mug.jpeg

Cassandra Elmore’s case was set for 1:30 p.m. today, and one thing was fairly certain: she would show since she was recently arrested on a warrant and put in jail. She had failed to show up two times previously.

After several other cases were brought before Judge Thomas Burns Thursday in City Court, Elmore was brought in, handcuffed and wearing a neon yellow jumpsuit with Livingston County Jail stamped on the back.

While waiting for her case to be called, Elmore turned to talk with her mother, Lisa, about posting bail, and made a one-fingered gesture to someone else in the gallery area. She was being represented by Assistant Public Defender Jamie Welch.

Judge Burns said that some correspondence was received from Volunteers For Animals, and it, in essence, asked for a “possible resolution to this case,” given that Oddey, Elmore’s dog that overdosed, has been sitting at the county shelter for more than two months.

Burns proposed adjourning the case for a week and set her next appearance for 1:30 p.m. Sept. 22.

Welch and Assistant District Attorney Jenna Bauer agreed. Burns instructed Elmore that, if she was to make bail, she needed to show up for her court date. 

Elmore has missed two prior court dates after initially asking for more time to hire an attorney. Her original charge was three counts of injuring an animal after her dog was found to have overdosed on some type of narcotics.

She failed to appear in court on Aug. 11 (when a friend reported a call from Elmore in the hospital) and Sept. 8 and was arrested in between, on Aug. 30 after a traffic stop. She was charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation third, uninspected motor vehicle, and insufficient tail lamps.

After not showing in court on Sept. 8, a warrant was issued for her arrest, and Batavia Police Department caught up with her on Sept. 10 after a property dispute at 316 East Main St. called them to the scene. She was arrested on the spot.

In the meantime, while her case has been pending and continues to be postponed due to her being a no-show, Oddey awaits his fate at the shelter. He can’t be put up for adoption while it’s an open case.

Volunteers For Animals member Wendy Castleman said Thursday that the dog is doing well. She couldn't answer any questions pertaining to the correspondence because it's an open case, she said.

September 14, 2022 - 2:21pm
posted by Press Release in Premier Genesee, batavia, news, crime.

Press release from Batavia PD:

On 09/14/2022, The Batavia Police Department responded to a call at Premier Genesee Center for Nursing and Rehab located at 278 Bank Street. Staff received several calls from an individual making threats against the facility. The center decided to go into lockout and contacted the police. A lockout is when all exterior doors are locked and no one is allowed in or out. The activities in the business are not restricted, only the entering and exiting of people. Lockouts are specifically used when there is a potential threat outside of the building. The lockout has been lifted as there does not appear to be any imminent threat to the facility. Due to the ongoing investigation, further information will not be released at this time.

September 14, 2022 - 1:10pm
posted by Howard B. Owens in crime, batavia, animal abuse, news, notify.

2022cassandraelmore_mug.jpg

A property dispute at 316 E. Main St., Batavia, helped Batavia PD locate Cassandra Elmore, a Batavia resident accused of letting her dog overdose on narcotics but has missed court appearances on the case.

She was wanted on an arrest warrant as well as two bench warrants for her failure to appear in court.

She was located on Sept. 10. 

According to Batavia PD, when Elmore was advised of the warrants, she attempted to stop officers from arresting her by closing a door and then actively resisting attempts by officers to place her in handcuffs.

In addition to the pending charges, Elmore is now charged with obstructing governmental administration 2nd

Elmore was arraigned in City Court and jailed on $5,000 bail.

She is scheduled to appear in City Court at 1:30 p.m., Thursday.

Elmore was arrested in July after showing up on emergency visits at veterinarians with her dog, Oddey, showing signs of a drug overdose.  Two of the veterinarians said Oddey consumed cocaine, apparently found on the floor of Elmore's residence, which was then on River Street, and the third said an unspecified narcotic.

Elmore was arrested on three counts of injuring an animal under New York Ag and Markets Law Section 353.

At her first court appearance after her arrest, she asked for time to hire an attorney

She failed to appear in court on Aug. 11 when a friend called the court to say she was in the hospital, a claim that was never substantiated in court.

She next failed to appear on Sept. 8 when a man claiming to be an attorney from Pennsylvania called and said Elmore had been unable to contact her public defender, a claim disputed by the public defender handling her case. 

While Elmore's case is pending, Oddey remains at the Genesee County Animal Shelter, unavailable for adoption. 

Elmore was also arrested on Aug. 30 following a traffic stop and charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd, uninspected motor vehicle, and insufficient tail lamps.

See also: OPINION: Due process often neglects animal victims

September 14, 2022 - 12:48pm
posted by Howard B. Owens in crime, batavia, news, notify.
mug2022lynch.jpg
Kanyia Coleman Craig Lynch
mug2022braction.jpg
Nyejay Braction Darnell Cleveland

A passerby spotted people inside Ken Barrett's Chevrolet at 229 West Main St., Batavia, on Monday at 11:50 p.m. and called 9-1-1.

When Batavia patrol officers arrived on scene, four people attempted to flee from the back of the car dealership.  Two people were taken into custody immediately and two others were located near the scene a short time later.

The four suspects, all from Buffalo, are Darnell Cleveland, 26, Kanyia Coleman, 18, Craig Lynch, Jr. 21, and Nyejay Braction, 18.

Cleveland allegedly provided a false name in an attempt to prevent officers from arresting him on several outstanding warrants, including a parole warrant.

Lynch is accused of struggling with officers while being detained. There were no injuries.

Cleveland was charged with burglary 3rd and criminal impersonation 2nd. Lynch was charged with burglary 3rd, obstructing governmental administration 2nd, and resisting arrest. Braction and Coleman were charged with Burglary 3rd.

All four suspects were arraigned in City Court.

In accordance with New York's bail statute, Cleveland and Lynch were released under the supervision of Genesee Justice. Cleveland was then remanded to the Genesee County Jail on his outstanding parole warrant. Braction and Coleman were released under their own recognizance. 

In a statement, Batavia PD says, "The Batavia Police Department would like to thank the observant citizen, the Genesee County Sheriff’s Office, and the New York State Parole for their assistance."

September 14, 2022 - 8:00am
posted by Howard B. Owens in crime, batavia, news, notify, Alexander, Le Roy.
adam_m._kreutz.jpg
Adam Kreutz

Adam M. Kreutz, 33, of Batavia, is charged with assault 3rd, burglary 1st, and coercion 1st. Kreutz is accused of burglarizing an apartment on Ellicott Street and assaulting the person inside that apartment on Sept. 5 at 11:40 p.m. Kreutz was arraigned in City Court and ordered held in the Genesee County Jail without bail.

Jarrod K. Fotiathis, 27, of Le Roy, and Julie R. Richardson, 31, of Le Roy are charged with criminal possession of stolen property 4th, unlawful possession of personal identification 3rd, attempted petit larceny, and resisting arrest. They are accused of working together to steal a person's wallet  to purchase items at a local business on Sept. 3 at 9:01 a.m. on Ellicott Street. Fotiathis and Richardson are accused of fleeing from police on foot leading to a chase through the city. Fotiathis later turned himself. Richardson was stopped by a citizen who reportedly witnessed the incident. Both Fotiathis and Richardson were issued appearance tickets.

Christian I. Andrzejek, 26, no permanent address, is charged with burglary 3rd, petit larceny, and criminal possession of a controlled substance 7th. Andrzejek is accused of entering a building on Sept. 6 at 8:57 a.m. on Washington Avenue, Batavia, and stealing items from inside. Andrzejek was arraigned in City Court following his arrest and released under supervision.

Feyza Gabrielle Osmancikli, 28, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Osmancikli is accused of possessing crack cocaine, discovered by Deputy Kenneth Quackenbush during a traffic stop on Sept. 6 at 3:35 p.m. on Liberty Street in Batavia. Osmancikli was processed at the Genesee County Jail and released on an appearance ticket.

Joshua Michael Ruffin, 27, of Main Street, Alexander, and Haley Maye Larnder, 23, of Tracy Avenue, Batavia, are charged with criminal possession of a controlled substance 7th.  Ruffin and Larnder are accused of possessing crack cocaine at a location on Veterans Memorial Drive, Batavia on Aug. 23 at 3:36 p.m. Both were arrested by Deputy Jacob Kipler, processed at the Genesee County Jail, and released on appearance tickets.

David W. Fielding, 33, of Bigelow Drive, Stafford, is charged with falsifying business records and grand larceny 4th. Fielding is accused of stealing tools from his employer on Godfreys Pond Road, Stafford, and pawing them for money between July 19 and Aug. 25. Fielding was arrested on Sept. 9 by Deputy Jacob Kipler, transported to the Genesee County Jail for processing, and released on appearance tickets.

Deontay Jahmani Sprattley, 21, of Green Avenue, Brooklyn, is charged with petit larceny. Sprattley is accused of skip-scanning multiple items at Walmart on Sept. 10 at 2:38 p.m. and stealing the items. He was arrested by Deputy Alexander Hadsall, processed at the Genesee County Jail, and released.

Jalen Corey Fields, 18, no street address provided, Brooklyn, is charged with petit larceny. Fields is accused of shoplifting at Walmart on Sept. 10 at 3:15 p.m. He was arrested by Deputy Ryan Mullen and issued an appearance ticket.

Matthew R. Taylor, 39, of Batavia, is charged with trespass. Taylor is accused of entering a business on Oak Street he had been banned from on Sept. 4 at 10:01 p.m. Taylor was issued an appearance ticket. He also allegedly trespassed on the same day at 4:49 p.m.

Jeffery T. Dutton, 31, of Batavia, is charged with obstruction of governmental administration and littering. Dutton is accused of throwing garbage on city-owned property on West Main Street on Sept. 5 at 3:44 p.m. He was released on an appearance ticket.

James D. Hooten, 33, of Batavia, is charged with criminal possession of a controlled substance 7th. Hooten was located by Batavia patrol officers and taken into custody on warrants held by the Sheriff's Office and State Police and allegedly found in possession of crack cocaine at the time of his arrest on Sept. 3 at 3:56 p.m. on Summit Street, Batavia. He was issued an appearance ticket and turned over to the Sheriff's Office.

Jolene Y. Stevens, 33, no permanent address, was arrested on a bench warrant stemming from an incident reported on March 4 at 1:48 p.m. on East Main Street, Batavia. Stevens is charged with resisting arrest, obstructing governmental administration, and harassment. At the instruction of Judge Durin Rogers, Stevens was issued an appearance ticket and released.

David M. Camelio, 40, of Batavia, is charged with harassment 2nd. Camelio allegedly struck another person in the face during a confrontation reported on Aug. 28 at 4:18 p.m. at a location on East Main Street, Batavia. He was issued an appearance ticket.

Colin A. McCulley, 18, of Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and consuming alcohol under age 21. McCulley was stopped by a Batavia patrol officer on Sept. 5 at 1:07 a.m. on East Main Street, Batavia.  He was issued an appearance ticket.

September 13, 2022 - 2:30pm
posted by Howard B. Owens in crime, batavia, Le Roy, news, notify.
brownkilroymug20121.jpg
Arthur Brown

A 45-year-old Le Roy man facing felony charges from a "shots fired" incident on Clinton Street Road a year ago, and facing other felony charges, turned down a plea offer today that could help him avoid the potential of a life-in-prison sentence.

That decision made a little more sense during a hearing that followed the plea offer discussion on a grand larceny charge from a separate incident.

In that case, a video that reportedly shows Arthur J. Brown taking a credit card from inside a police station wasn't preserved by Le Roy PD.

Judge Melissa Lightcap Cianfrini ordered a spoliation hearing -- a hearing to determine what happened to the evidence -- to be followed by a Huntley hearing -- a hearing on whether evidence should be suppressed at trial.

Without the video, the only evidence against Brown in the grand larceny case is the testimony of a police officer who reviewed the video recording prior to arresting Brown on the charge.  Under the rules of evidence, the officer can testify about what he saw on the recording.

By calling for a spoliation hearing -- something the defense did not request -- Cianfrini signaled that she might consider a strong sanction against the prosecution, which could include dismissing the case.

When asked about a possible remedy, First Assistant District Attorney Joseph Robinson said it would be appropriate to permit the jury to draw an "adverse inference" from the fact the video does not exist.  That would mean at trial, the jury could consider that the lack of a recording means there is a weakness in the prosecution's case.

Robinson said that remedy would be significant because there is only one police officer who can testify in the case and state what he saw on the video. There is no other supporting evidence.

On Aug. 11, 2021, Brown was picked up by Le Roy PD on a violation-level offense, said Assistant Public Defender Lisa Kroemer, and placed in an interview room where he was required to empty his pockets. 

When he was released, he was instructed to take his personal belongings.

Later, a police officer discovered that a credit card was missing. The card had been found by somebody and left with the police. It was being held for safekeeping until its rightful owner could pick it up.

The missing video supposedly shows Brown picking up the card along with his property.

Kroemer argued that the video is a critical piece of evidence that could show whether Brown knowingly and intentionally took the card or whether he picked it up accidentally, a distinction, she said, the officer can't reliably testify about.

When questioned later, Brown did have the card in his possession, Kroemer conceded, but the issue that can't be resolved without the video is whether Brown knowingly took the card from the police station.

Kroemer said Brown was held for a bail hearing less than 24 hours after his arrest and Kroemer put the District Attorney's Office on notice at the hearing that the video recording needed to be preserved as evidence.  She also argued that police officers should know that such a piece of evidence should be preserved.

Later, Cianfrini would note that Kroemer made a compelling argument that members of law enforcement, more than a store owner or any other member of the public, should understand the importance of preserving evidence. 

In ordering a spoliation hearing, Cianfrini said the court is interested in hearing what protocols Le Roy PD has in place for preserving video evidence, what happened in this case, what was communicated to police, and how it was communicated, about preserving the recording, and what if anything is the police department doing to ensure this doesn't happen again.

The hearing is scheduled for 9:30 a.m. Oct. 14.

Brown is also facing multiple charges from a Sept. 19, 2021 incident in which Brown was stopped on Clinton Street Road in Stafford for alleged erratic driving and once stopped, fled from law enforcement into a cornfield.

A deputy said he saw a gun on Brown and a second later, there was a bang or a boom in the area that prompted the officer to inform dispatchers of "shots fired."  

The search for Brown took several hours and involved Monroe County SWAT, the Batavia Emergency Response Team, State Police (including the closure of the Thruway), drones and a State Police helicopter.

Law enforcement reported recovering a handgun at the scene, but Brown has maintained it wasn't his.

It turned out later, that what sounded like possible gunshots was really a wildlife scare cannon.

In that incident, Brown was charged with:

  • Criminal possession of a weapon 2nd
  • Menacing a police officer
  • Tampering with physical evidence
  • Obstruction of governmental administration 2nd
  • Criminal  possession of a controlled substance 7th
  • Driving while impaired by drugs
  • Failure to keep right

Brown is also facing a charge of failure to register as a sex offender but he hasn't been indicted on that count yet.

The plea offer from the District Attorney's Office was for Brown to plead guilty to the weapons charge and the grand larceny, and serve five years in prison with seven years on parole, and the rest of the charges would be satisfied.

Brown would still have been subject to being found by the court to be a second felony offender, a second violent felony offender, and a persistent felony offender.

After Robinson recited the plea offer, Kroemer said her client was rejecting the offer. 

Cianfrini then wanted to ensure that Brown understood the ramifications and risks of his decision.  As she spoke, Brown raised his hand as if he wanted to speak and Cianfrini advised him that he shouldn't speak to the court and instead talk privately with his attorney and let her speak on his behalf.

Kroemer and Brown then conferred, but Brown was speaking loud enough that some of what he was saying could be heard in the courtroom.  Cianfrini told him he should whisper so she couldn't hear what he was saying.

After Kroemer and Brown spoke, Cianfrini asked Brown if he still wished to decline the deal.  He said that he did.  

She explained to him that if he was found guilty at trial, he could be sentenced to the maximum prison term for each count, that the sentences could be served consecutively instead of concurrently, and that if the court found him to be a persistent felony offender, he could be sent to prison for life.

"My job is to ensure that I feel satisfied that you understand," Cianfrini said. "Whether you take the plea is 100 percent your decision. I just want to make sure you understand." 

Brown, who spoke clearly in court, said he understood.

On the weapons charge, the court set a trial date for March 20 to March 24, with a Jan. 23 plea cutoff date. 

Cianfrini explained to Brown that while the plea offer he just rejected was off the table, the prosecution had the option of making a new offer and Jan. 23 would be the final date Brown would have to accept a plea offer, otherwise the case would go to trial.

There will be a Huntley hearing, a hearing on the possible suppression of evidence, at 9:30 a.m. Oct. 11.

Brown is not being held in jail while the charges against him are pending.

September 9, 2022 - 4:41pm
posted by Howard B. Owens in Oakfield, murder, crime, news, notify.
mahermug2022mug.jpg
Nicholas Maher

Nicholas Maher is being sent to state prison for 23 years for killing his father Martin Maher in their Oakfield home on Oct. 18.

The picture painted on Nick Maher in Genesee County Court today was of a 37-year-old man who struggled for years with mental health issues and gave into his delusions when he stabbed his 69-year-old father to death.

"Nick believed that his father was responsible for poisoning the air," District Attorney Kevin Finnell said. "He said he grabbed a knife to scare him but his father was flippant and arrogant and denied involvement in poisoning the air.

"Of course he denied it. It's ridiculous. It was a product of his mental health issues that he refused to address, he didn't want to address," Finnell said.

"Nick Maher is a college-educated person," Finnell continued. "He's smart enough to know that he needs to get mental health treatment and that he needs to take his medication, even if it doesn't make him feel real good. But he chose not to do that. So he responded, in his words, by 'losing it on his father,' a man who just denied poisoning the air, and killed him. In so doing, he took away the only person that was left in the world who cared about him."

Nick's siblings, Megan and Matt, spoke to the court and shared how much the death of their father hurt them.

Megan said Martin Maher put Nick first over his own happiness, putting off his own retirement to care for his son. She said Nick refused treatment and accused anybody who tried to help him of trying to harm him. 

"I think you simply made him the bad guy because he was there for you," Megan said. "What if mom hadn't passed a few years earlier? Would she have been caught up in your alternate reality and have been the bad guy, too? What if I spent more time around the house? Would I have been in the crossfire? I don't know. But these things have crossed my mind this year."

Megan said cleaning up her father's house, and going through old family photos was the hardest time of her life.

"I was constantly reminded of what you did," she said. "I no longer felt happy and safe in that house. All of the wonderful memories of our childhood were overshadowed by what you did."

Near the end of her remarks, she said, "You took a dad away from your siblings, and a grandpa away from his grandchildren. "Life has been hard enough after mom passed but not having my dad has been even more difficult than I think you'll ever be able to comprehend."

Matt said he will never forget the day he went to his father's home after not being able to reach him on the phone, worried something terrible had happened, and finding him dead on the floor.

"My dad loved my brother and it broke his heart that his love was not reciprocated, but that there was anger and blame towards him," Matt said.

Finnell told the court that the Sheriff's Office conducted a thorough investigation of the case and there is no doubt in his mind, that the evidence supported a murder conviction but it was also clear from psychological exams that if Nick Maher's case had gone to trial, his extreme emotional disturbance would have to lead the jury toward a manslaughter conviction rather than murder.   That is what lead to a plea deal that allowed Maher to admit to the murder with a possible sentencing range of 20 to 25 years in prison.

But Maher's mental health issues don't excuse him from the choices he made, Finnell argued.  Maher refused treatment and refused to take his prescribed medication.  Those choices ultimately led to Maher taking his father's life.

The chance to plead to manslaughter is the only consideration the defendant should get, Finnell told Judge Michael Mohun. Finnell said Maher should get the full 25 years in prison allowed by statute.

Public Defender Jerry Ader took exception to the suggestion that Maher was completely responsible for his own choices in dealing with his mental illness.

"I sincerely believe that our community, our country, has a difficult time dealing with mental illness, especially when it comes to mental illness in the criminal justice system," Ader said near the beginning of his remarks.

Later he said, "some of the speakers here, the children of Mr. Maher, they use of words, that he chose to do these things, and that he could have done something else. And I'm just not quite sure that's true. And I don't think anyone can know for sure if that's true, it's easy to say because we don't understand mental illness. But in my experience, when someone is placed in a psychiatric hospital, it could take years in order to get a patient, an inmate, to understand, to have the insight as to their illness, why they need help and why they need medication."

Ader said after nearly a year in jail, his client is just starting to take his medication and come to terms with his mental illness.

Ader argued that Mohun should consider something less than the maximum 25-year term on the manslaughter conviction because the Legislature when it wrote the law, allowed for a sentencing range of 5 to 25 years. Clearly, the Legislature understood, Ader argued, that each individual, each case, is different because mental health is involved, therefore, a judge has latitude to weigh all the factors.

In this case, the plea agreement meant that Maher must receive a sentence of at least 20 years but there was no reason, considering the factors of his mental health issues, to sentence him to the maximum of 25 years.

After giving Nick Maher an opportunity to address the court, which he declined, Mohun spoke directly to the family.

"I don't want you to dwell on Oct. 18 of 2021. The day your dad died. What I want you to think of are the days he lived. He almost lived until his 70th birthday which would have been in July of this year. Think of all those things that you had with your dad and that you celebrated together and that he was there to give you guidance and support. And think of the man who put his life on hold during his retirement years to take care of your brother."

He added, "Your brother has admitted, he's acknowledged., he has pled guilty to manslaughter in the first degree. What he has done by this act, you've lost two family members. On Oct. 18, you lost your father and you lost your brother. That is a devastating event which it will resonate through generations of Maher family celebrations of birthdays and holidays. But don't let this crime define the family. Remember your dad as he would want to be remembered, as a good dad, as a dad who stepped up and took care of your sick brother. Your father's devotion to duty was extraordinary."

Mohun said the killing of Martin Maher was without justification, without reason. 

"It was a heinous crime to which an appropriate sentence must be imposed," Mohun said.

The 23 years will be followed by five years of post-release supervision.  

Nick Maher is barred by court order from having any contact with his siblings until Sept. 9, 2053.

September 8, 2022 - 5:29pm
posted by Howard B. Owens in crime, animal abuse, notify, news, batavia.

A woman accused of injuring an animal after her dog overdosed three times on narcotics earlier this summer once again failed to appear in City Court on Thursday.

Cassandra Elmore was ordered to appear at 1:30 p.m. and was not seen in court by the time Judge Thomas Burns called her case at 3:20 p.m.

He said a court clerk had received a call earlier in the day from a man who claimed to be an attorney from Pennsylvania and that he was calling on Elmore's behalf, claiming that Elmore had tried contacting her assigned attorney multiple times and her calls were not returned.

Burns said the man provided only a partial address, no phone number, and said his secretary would be in touch with the court.  The man also did not file a motion to change attorneys, Burns noted.

At no time, Burns said, did the clerk say Elmore was excused from her scheduled appearance today.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took her dog, Oddey, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.


See AlsoOPINION: Due process often neglects animal victims


Elmore did make her initial court appearance on the case on July 26, when she asked for time to hire an attorney.

On Aug. 11, Elmore failed to show for an ordered court appearance. On that date, a woman who identified herself as a friend of Elmore called and said Elmore was hospitalized.  The caller was informed that the court needed proof of the hospitalization but no proof was sent to the court before her scheduled appearance.

Burns issued a warrant for Elmore's arrest but when The Batavian checked with Batavia PD on the status of the warrant more than a week later, a spokesman for the department said the department never received a warrant for Elmore.

Elmore was arrested on Aug. 30 following a traffic stop in Batavia and charged with criminal possession of a weapon and obstruction of governmental administration.

During today's hearing, Jamie Welch, with the Public Defender's Office, said he was unaware of any messages left for him by Elmore. 

Assistant District Attorney Jenna Bauer told Burns that her office was not contacted by any other attorney claiming to represent Elmore.  She also noted that it took Elmore two months to complete the paperwork required for the Public Defender's Office to represent her.

Following her Aug. 30 arrest, Elmore was ordered to appear in City Court on those charges at 1:30 p.m. Sept. 13.

Burns said she was going to be arraigned on those charges today, so he issued an arrest warrant related to those charges. He also issued two bench warrants for her failure to appear on the two injuring an animal charges.

At the time of her arrest on the animal charges, Elmore lived on River Street.  Welch provided the court with a new residential address for her on East Main Street.  Welch said he would be sending her a letter informing her of her court appearances and would attempt to reach her by phone.

Oddey remains at the animal shelter. Oddey is doing well, according to a member of Volunteers for Animals, but he can't be sent to a foster home or put up for adoption while the legal case against Elmore is pending or until she surrenders ownership.

Previously:

September 8, 2022 - 12:27am
posted by Howard B. Owens in crime, batavia, news.
hagan001.png
Derek Hagen

A 29-year-old man from Batavia entered a guilty plea Wednesday in U.S. District Court in Rochester to the production of child pornography and possession of child pornography involving prepubescent minors. 

Derek Hagen faces at least 15 years in federal prison and could face up to a $250,000 fine. 

Hagen worked in several WNY teaching, substitute teaching, and child-care positions in the Western District of New York, including at the Brockport Childhood Development Center, the Batavia City School District, the Pembroke Central School District, and most recently with the Dansville Central School District.

Between May and July 19, 2018, Hagen was employed as an assistant teacher at the Brockport Childhood Development Center in the infant, toddler, and preschool classrooms, according to federal prosecutors.

During this time, he produced and possessed sexually explicit images of children entrusted to his care.

The children ranged in age from six months to five years.

Hagen produced these images while changing diapers and assisting children who were learning to use the bathroom.

Assistant U.S. Attorney Kyle P. Rossi, who prosecuted the case, said in a release that between January 2018 and July 21, 2021, Hagen engaged in a pattern of prohibited sexual conduct with a victim between the ages of 4 and 8. Hagen, he said, photographed and videoed himself subjecting the child to sexual contact. Hagen then distributed the images of the child to other individuals over the internet.

Hagen also possessed approximately 50,000 images and videos of child pornography that he received from others via the internet.

The plea is the result of an investigation by the New York State Police, Homeland Security, and the National Center for Missing and Exploited Children. 

There has been no information released indicating that Hagen exploited children in Batavia.

Sentencing will be scheduled at a later date.  

September 7, 2022 - 9:38pm
posted by Howard B. Owens in animal abuse, crime, batavia, news, notify.

Two people accused of abusing a pair of dogs, including one who eventually died, made their City Court appearances today after missing similar appearances in June.

Both Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24, are charged with two counts each of felony aggravated cruelty to animals.

They are accused of abandoning two pitbulls in apartment 60 at 337 Bank St., Batavia. The two animals were found malnourished and covered in feces in their cages inside the apartment on May 10, according to witness statements.

Searight was first on the docket in City Court on Wednesday afternoon.  He entered a not-guilty plea and City Court Judge Durin Rogers bound his case over for Grand Jury review.  If indicted, his next appearance will be in County Court at a date yet to be determined.  

Scarbrough also entered a not-guilty plea and Rogers ordered her released under the supervision of Genesee Justice.  He said Scarbrough couldn't leave the county, which raised an objection from her attorney, Jamie Walsh, with the Public Defenders Office, who informed Rogers that Scarbrough frequently stays with her mother in Niagraga County and that Scarbrough has a five-year-old child who attends a public elementary school there.

Rogers wasn't swayed.  He said if Scarbrough wanted to leave the county, she could seek permission from Genesee Justice or return to the court for permission.

The conditions and supervision were necessary, Rogers said, because of Scarbrough's previous failures to appear in court when ordered, her prior offense, and a warrant for an apparent failure to appear, out of Niagara County, along with the severity of the charges.

Scarbrough faces an obstruction of governmental administration charge in Niagara County. 

The charges against Searight and Scarbrough stem from the discovery of two pitbulls in an apartment the pair had reportedly shared. Both dogs had been left in cages and were starving, and covered in feces, when animal control officers arrived at the apartment after a neighbor called authorities.  The male pitbull has recovered while the female pitbull had to be euthanized. 

Previously: 

September 6, 2022 - 3:27pm
posted by Howard B. Owens in crime, batavia, news, notify, Oakfield, Pavilion, Stafford.

Cassandra L. Elmore, 30, of Batavia, is charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd, uninspected motor vehicle, and insufficient tail lamps. Elmore's vehicle was stopped on Aug. 30 at 2:37 p.m., on Ellicott Street, Batavia. Elmore was allegedly driving on a suspended license. During a search of the vehicle, Elmore was allegedly found in possession of two sets of metal knuckles as well as various items of drug equipment.  Elmore was processed at Batavia PD headquarters and released on an appearance ticket. Previously: Woman charged after dog treated repeatedly for narcotics overdoseVet told police Oddey was showing signs of drug intoxication during emergency visit; Elmore asks for more time 

Devin W. Blackshear, 23, of Batavia, is charged with harassment 2nd. Blackshear is accused of pushing and hitting another person during an argument on Aug. 31 at 6:01 p.m. at a location on Oak Street, Batavia. He was issued an appearance ticket.

Alexander C. Colon-Colon, 28, of Batavia, is charged with criminal mischief. Colon-Colon is accused of pouring bleach on the property of another person during a dispute reported on Aug. 28 at 7:08 p.m. at a location on Central Avenue, Batavia. He was arraigned in City Court and released.

Tammy L. Cicatello, 52 of Batavia, is charged with criminal possession of a controlled substance 7th. Cicatello was allegedly found in possession of crack cocaine during a traffic stop on Aug. 26 at 8:52 p.m. on Pickthorn Drive, Batavia.  She was issued an appearance ticket.

Latoya D. Jackson, 36, of Batavia, is charged with harassment 2nd, endangering the welfare of a child, and criminal contempt 1st. On July 28 at 6:45 p.m. at a location on State Street, Jackson violated a stay-away order of protection and attempted to strike an individual with a closed visit while that person had a small child in his stroller that she was pushing.  Jackson was arrested on Aug. 26 and released on an appearance ticket.

McKayla J. Kosiorek, 27, of Oakfield, is charged with petit larceny. Kosiorek is accused of stealing cash from two different cash registers while working at the Days Inn in Batavia. She was issued an appearance ticket.

Jolene Y. Stevens, 33, of Batavia, is charged with criminal contempt 2nd. Stevens is accused of violating an order of protection on Aug. 26 at 6:21 p.m. at a location on Hutchins Street, Batavia. She was issued an appearance ticket.

Thomas F. Hofmeier, 21, no address provided, is charged with DWI and unlicensed driver.  Hofmeier was stopped on Sept. 2 at 1:07 a.m. on Alleghany Road, Darien by Deputy Jeremiah Gechell.  He was released on an appearance ticket.

Lucas Michael Countryman, 18, of Amherst Drive, Webster, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at a stop sign. Countryman was stopped on Aug. 25 at 10:55 p.m. on Clinton Street Road, Batavia, by Deputy Trevor Sherwood.

Courtney Lynn Hewitt, 41, of Webber Avenue, Oakfield, is charged with harassment 2nd. Hewitt is accused of striking a person in the head with a lamp on Sept. 4 at 1:30 a.m. at a location on Webber Avenue, Oakfield. She was issued an appearance ticket.

Jacob Jeter Bedard, 24, of West State Street, Albion, is charged with aggravated harassment 2nd. Bedard is accused of using electronic communications with another person for no legitimate purpose, causing alarm and annoyance, after being specifically instructed to cease all communication with the individual. Bedard was arraigned in Town of Batavia Court. An order of protection was issued. 

Jerry D. Walls, 58, of Albion, is charged with bail jumping 3rd.  Walls was arrested by State Police on Sept. 3 at 11:30 a.m. in the Town of Oakfield and ordered held on bail. No further details released.

Christopher S. Parker, 35, of Stafford, is charged with felony DWI, aggravated DWI with a child in a car, and endangering the welfare of a child. Parker was stopped on Sept. 3 at 1:22 p.m. in Pavilion by State Police and released on an appearance ticket. No further details released. 

September 6, 2022 - 1:47pm
posted by Howard B. Owens in crime, grand jury indictments, news.

Dajuandrick C. Gardner is indicted on one count of bail jumping in the second degree. On Dec. 8, while involved in criminal legal proceedings, Gardner was released from custody either on bail or on his own recognizance upon the condition that he would appear personally in Batavia City Court at a later date to answer to a felony charge. He allegedly did not appear on the date required and did not turn himself in within 30 days. 

Michael L. Jackson, Jr. is indicted on one count of bail jumping in the second degree. On March 1, while involved in criminal legal proceedings, Jackson was released from custody either on bail or on his own recognizance upon the condition that he would appear personally in Batavia City Court at a later date to answer to a felony charge. He allegedly did not appear on the date required and did not turn himself in within 30 days. 

Curtis J. Johnstone is indicted on counts of felony DWI, felony driving with a BAC of .08 or greater, and felony aggravated unlicensed operation of a motor vehicle in the first degree. Johnstone is accused of driving drunk at April 12 in the Town of Pembroke.

September 2, 2022 - 12:31pm
posted by Howard B. Owens in crime, Alexander, pembroke, news, notify, bergen, batavia.

Anthony Louis Liberi, 50, of Burrow Street, Rochester, is charged with unlawful fleeing a police officer in a motor vehicle 3rd, reckless endangerment 2nd, obstructing governmental administration 2nd, reckless driving, and failure right of way to an emergency vehicle.  Liberi is accused of fleeing from deputies attempting to make a traffic stop at 12:33 a.m., Aug. 27, on Buffalo Road in Bergen. The pursuit ended when Liberi's vehicle struck a median and his vehicle become disabled in the Town of Gates.  Gates PD assisted in the pursuit.  He was arrested by Deputy David Moore and Deputy Nicholas Chamoun.

Thea Mauritia Irons, 29, of Oak Street, Batavia, is charged with petit larceny. Irons is accused of shoplifting at Walmart on Aug. 29 at 5:02 p.m. and was arrested by Deputy Zachary Hoy. She was released on an appearance ticket.

Donald S. Lewandowski, 44, of Pembroke, is charged with DWI. Lewandowski was stopped by State Police on Main Road, Newstead, on Aug. 23. According to State Police, Lewandowski failed a field sobriety test. He was processed at SP Clarence following his arrest where he allegedly refused a chemical test.  He was released on an appearance ticket.

Stanley F. Piasecki, 61, of Alexander, is charged with DWI. Piasecki was stopped at  DWI checkpoint on Broadway in the Village of Alden. State Police say he failed a field sobriety test.  He was arrested and transported to SP Clarence for processing where he allegedly recorded a .11 BAC. He was released on an appearance ticket.

Alfred A Wasielewski, 63, of Pembroke, is charged with DWI and refusal to submit to a breath test. Wasielewski was stopped at a DWI checkpoint on Aug. 25 on Route 33 in the Town of Alden.  He allegedly failed a field sobriety test. He was issued an appearance ticket and released.

August 30, 2022 - 5:26pm
posted by Howard B. Owens in crime, Alabama, news, notify, Basom.
justice_coniglio.jpg
Justice Coniglio

Justice Coniglio expressed a little surprise after Judge Melissa Lightcap Cianfrini sentenced him to seven years in prison on an assault conviction.

His understanding from his previous court appearance was that if he followed the judge's orders between the time of his guilty plea and his sentencing, he would get a reduced sentence.

That didn't happen and he wanted to know why.

Cianfrini indicated that wasn't how she remembered the previous appearance but called a recess so the transcript of the prior hearing could be reviewed.

It appears Coniglio misunderstood the judge's instructions.  

Coniglio's plea deal was for his sentences on assault and grand theft to run concurrently if he made his court appearances and stayed out of trouble.  If he didn't, then the sentences could run consecutively. 

In June, Coniglio entered a guilty plea to assault stemming from a July 23 incident on Bloomingdale Road in Basom where law enforcement came to his residence to arrest his brother Jarrett Coniglio for allegedly hitting a neighbor over the head with a bottle.  A scuffle ensued and a police officer was bitten by a K-9.

Defense Attorney Jeremy Schwartz said his client has a drinking problem and that he had been drinking that day.  The police officer who was there to arrest Jarrett, he said, wasn't dressed in a police officer's uniform. In Coniglio's drunken state, he said, he didn't understand the man was there lawfully to arrest his brother.

"I don't think he intended at all to stop an arrest," Schwartz said. "In his intoxicated state, he probably thought he was doing the right thing."

He said his client now recognizes that he was wrong.

That explanation didn't persuade Cianfrini to give Coniglio a lighter sentence.  She told him he was going to prison for seven years on the assault charge.

On the grand theft charge, regarding a vehicle that was reported stolen after it was involved in a fatal collision on Dec. 1 in Erie County, Cianfrini sentenced Coniglio to three to seven years in prison, to run concurrently with the assault term.

In the fatal accident in Erie County, Coniglio has admitted to vehicular manslaughter and will be sentenced in Erie County on Sept. 9.  That is a possible prison term of six to 12 years. Coniglio is accused of having a BAC of .18 percent or greater at the time of the accident.

Subscribe to The Batavian - Local Matters

Copyright © 2008-2022 The Batavian. All Rights Reserved. Privacy Policy | Terms of Service
 

blue button

News Break