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September 19, 2019 - 2:47pm
posted by Howard B. Owens in crime, batavia, news.
wesleythigpenmug2019.jpg
      Wesley Thigpen

While coming to terms with entering a guilty plea to a sexual abuse charge, Wesley Thigpen told his attorney the statements attributed to a young girl were "(expletive) lies" after hearing the evidence the people would present against Thigpen if the case went to trial.

Thigpen was entering his plea on an Alford basis, which means that he pleads guilty without admitting the accusations against him are true.

The defendant himself told Judge Charles Zambito, "it's a strategic decision."

By accepting a plea deal, Thigpen guarantees he will spend no more than four years in prison, instead of more than a decade if he were convicted at trial of sexual abuse in the first degree, two counts of burglary, and criminal contempt in the first degree.

As part of the Alford plea process, First Assistant District Attorney Melissa Cianfrini summarized the case that would be made against Thigpen if he turned down the plea offer and went to trial on the sexual abuse charge.

According to Cianfrini, Thigpen was alone with a girl less than 13 years old in her room when he engaged in a series of sexually related actions, including but not limited to showing her pictures on his phone of body parts.

Cianfrini said in a recorded interview later, Thigpen admitted that he had been alone with the girl and that she may have somehow gotten access to his mobile phone.

Throughout the legal process of this case, Thigpen has denied the sexual abuse allegations while admitting to the criminal contempt charge.

Today, Thigpen did plead guilty to criminal contempt after Zambito recited the specific actions of Thigpen's that led to the charge. Thigpen slapped food out of the hands of a person who was the subject of an order of protection and raised a fist as if threatening to hit that person.

Dressed in jail orange, Thigpen wasn't afraid to speak up for himself during the proceedings. Bright and articulate, Thigpen made it clear why he was pleading guilty and on key points asked Zambito to clarify the law and the terms of the deal.

He conferred more than once with his attorney Mark Lewis about the charges and the plea deal, most of the time speaking in hushed tones. But after Cianfrini recited the evidence against him, he spoke with Lewis in a more agitated manner, raising his voice slightly at one point to call the statements against him a lie.

At that point, Zambito explained very clearly that he understood that Thigpen wasn't admitting to the allegations but pleading guilty because he accepted the fact he was at substantial risk of being found guilty at trial and facing a potentially harsher prison term.

Thigpen also spoke up for himself when it came time to discuss his bail status while awaiting sentencing. He argued for lower bail because he has several financial matters to clear up, including taking care of penalities for use of his 401(K) during these proceedings to support his family, as well as collecting his final paycheck from his former employer.

Lewis said before his arrest, Thigpen, a lifelong Batavia resident, worked for five years at a major corporation in Genesee County.

Despite all this, Zambito kept his bail at $10,000 cash or $20,000 bond while he awaits sentencing.

September 19, 2019 - 10:05am
posted by Howard B. Owens in crime, batavia, news.
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     David McClary

A Rochester resident has been arrested and accused of dealing crack cocaine in the City of Batavia.

David C. McClary, 29, of Mt. Hope Avenue, Rochester, was arrested in Monroe County after a warrant was issued for his arrest based on evidence developed through an investigation by the Local Drug Task Force.

He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

McClary allegedly sold crack cocaine to an agent of the task force on two separate occasions. 

He was arraigned in Genesee County Court and jailed on $10,000 bail or $20,000 bond.

The task force was assisted by Batavia PD, uniformed deputies, and the District Attorney's Office.

September 19, 2019 - 9:52am
posted by Howard B. Owens in crime, batavia, news.
hodginsmug2019.jpg sassmug2019.jpg wellingtonmug2019.jpg
    Scott Hodgins     Kara Sass   Heywood Wellington

Three people were arrested earlier this week after a drug raid on a Batavia residence West Main Street Road by the Batavia Emergency Response Team and the Local Drug Task Force.

The raid was the result of an investigation into narcotics trafficking in the area.

Arrested were:

  • Scott E. Hodgins, 55, of West Main Street Road, Batavia. Hodgins is charged with: criminal possession of a controlled substance, 3rd; criminal possession of a weapon, 4th; criminal possession of a controlled substance, 7th; criminal use of drug paraphernalia, 2nd; and unlawful possession of marijuana. Hodgins was ordered held without bail.
  • Kara B. Sass, 25, of West Main Street Road, Batavia, is charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, and unlawful possession of marijuana. She was jailed on $10,000 bail.
  • Heywood E. Wellington, 23, of Winterroth Street, Rochester, is charged with: criminal possession of a controlled substance, 3rd; criminal possession of a controlled substance, 7th; criminal use of drug paraphernalia, 2nd; and unlawful possession of marijuana. Wellington was released under supervision of Genesee Justice.

The District Attorney's Office assisted in the investigation.

September 18, 2019 - 11:45am
posted by Billie Owens in crime, news, notify, batavia, Le Roy.
         Eric Olverd

Eric James Olverd, 47, of Wallace Street, Batavia, (inset photo, right) is charged with: obstruction of governmental administration; resisting arrest; two counts of reckless endangerment; second-degree assault with injury to a victim over age 65; second-degree harassment; criminal mischief, and endangering the welfare of a child. Olverd was arrested at 7 p.m. on Sept. 15 on Wallace Street following a domestic incident. He was jailed in lieu of $5,000 cash bail or $10,000 bond. He was due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Sean Wilson.

Darrell Smith, 52, of Highland Park, Batavia, is charged with third-degree assault. Smith was arrested at 9:33 p.m. on Sept. 16 on Highland Park. He allegedly punched a person in the face, causing injury. Smith was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on Oct. 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

John Joseph Saddler Jr., 32, of Orange Grove Drive, Batavia, is charged with criminal contempt in the second degree and disorderly conduct. At 1:44 p.m. on Sept. 17, Saddler was arrested while standing in front of Judge Robert Balbick in Batavia City Court after being warned not to use obscene language in the courtroom. He allegedly continued to use obscene language, causing a disruption in the courtroom. Saddler was arraigned in city court by Judge Durin Rogers then put in Genesee County Jail in lieu of $2,000 cash bail. He is due back in city court at 1 p.m. this afternoon (Sept. 18). The case was handled by Genesee County Sheriff's Sgt. Jason Saile.

Michael S. Carter, 33, of Eagle Harbor Road, Albion, is charged with operating a motor vehicle with a BAC of .08 percent or more, driving while intoxicated and failure to keep right. Batavia Police Officer Peter Post arrested Carter at 2:37 a.m. on Sept. 7 on East Main Street in the City of Batavia. He was released on an appearance ticket for this morning (Sept. 18) in Batavia City Court but held at the Genesee County Jail on a violation of parole warrant. Officer Arick Perkins assisted in the case.

Jacqueline R. Garrett, 40, of Church Street, Le Roy, is charged with illegal use of toxic vapors. Garrett was arrested after she was allegedly observed inhaling a toxic substance while in public at 11:53 a.m. on Sept. 16. The incident location is Eastown Plaza on East Main Street in the City of Batavia. She was processed at Batavia Police Department and released on an appearance ticket. She is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

A 17-year-old male who lives in Batavia was arrested on Sept. 14 by Batavia Police Officer Peter Post and charged with second-degree harassment. At 6:46 p.m. on Sept. 9 on Ellicott Street in Batavia, the male allegedly had unwanted contact with a person. He was released on an appearance ticket and is due in Batavia City Court on Sept. 24. Batavia Police Officer Marc Lawrence assisted with the case.

Randy S. Turner, 63, of Burke Drive, Batavia, is charged with having a dog that was running at large. He was arrested following an investigation of a complaint that he allegedly allowed his family's dogs to run at large at 6:15 p.m. on Aug. 29 onto a neighbor's property on Burke Drive. He was issued an appearance ticket and is due in Batavia City Court on Sept. 24. The case was investigated by Batavia Police Officer Sean Wilson.

Kakeen K. Ithna-Asheri, 59, of East Main Street, Batavia, is charged with petit larceny. The defendant was arrested at 12:34 p.m. on Sept. 15 after he allegedly stole a package of batteries from a store on East Main Street in Batavia. He was released on an appearance ticket and was due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Kevin DeFelice.

Steve B. Nesbitt, 34, of Holland Avenue, Batavia, is charged with owning an unlicensed dog. He was arrested at 1:44 p.m. on Sept. 16 on Holland Avenue, then released on an appearance ticket. He is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

Jesse Daniel Bowman, 27, of Vine Street, Batavia, turned himself at Batavia Police Department Sept. 15 on a warrant out of Batavia City Court. He was arraigned at 10:39 a.m. in city court, then released on his own recognizance. He is due to return to court on Oct. 3. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

 
September 17, 2019 - 11:01pm
posted by Howard B. Owens in crime, darien lake, Darien, darien lake performing arts center, news.

The following people were arrested by the Genesee County Sheriff’s Department during the Meek Mill/Future concert at Darien Lake Performing Arts Center on Sunday:

Kaylauni C. Factor-Hamilton, 18, Kalar Road, Niagara Falls, Canada, is charged with harassment, 2nd, resisting arrest, and criminal possession of a forged instrument, 2nd, after allegedly slamming a gate into a Sheriff’s deputy, resisting that arrest and then being found in possession of a fictitious Quebec Identification Card. Factor-Hamilton was arraigned in Alexander Town Court and jailed in lieu of $1000 bail.

Joseph M. Dilaura III, 26, McKoon Avenue, Niagara Falls, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kyle W. Ruge, 23, Polaski Street, Freedom, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Jacob M. Bell III, 21, Post 5, Niagara Falls, Canada, is charged with harassment, 2nd, after allegedly striking a Live Nation Employee in the face. 

Donald P. Mullen Jr., 21, Locust Street, Lockport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Tyler L. McKeown, 21, Robinson Road, Lockport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kennedy R. Kuzma-Ball, 21, Locust Street, Lockport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Brittany C. Cotton, 25, Trent Square, Cheektowaga, is charged with harassment, 2nd, after allegedly shoving a Live Nation employee.

Kesi F. Muhammad, 25, West Avenue, Buffalo, is charged with harassment, 2nd, after allegedly shoving a Live Nation employee.

Takiesha M. Jackson, 23, Jefferson Avenue, Buffalo, is charged with false personation and trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return, and then providing false information about her identity.

September 16, 2019 - 6:53pm
posted by Howard B. Owens in crime, Darien, news, darien lake, darien lake performing arts center.

The following people were arrested by the Genesee County Sheriff’s Office during the Rascal Flatts Concert at Darien Lake Performing Arts Center on Friday.

Jason E. Cook, 39 of Ritt Avenue, Buffalo, is charged with obstructing governmental administration, 2nd, harassment, 2nd, and disorderly conduct after allegedly fighting with Live Nation security while being ejected from the concert and refusing to be taken into custody. 

Patricia Cook, 46, of Ritt Avenue, Buffalo, is charged with disorderly conduct after allegedly fighting with Live Nation security guards.

Joseph D. Gerace, 31, of Beatrice Avenue, Buffalo, is charged with disorderly conduct after allegedly fighting with Live Nation security guards.

Matilda M. Martin, 44, of 15th Street, Buffalo, is charged with disorderly conduct after allegedly fighting with Live Nation security.

September 16, 2019 - 6:32pm
posted by Howard B. Owens in crime, batavia, news.
bzduch_mugsept2019.jpg santana_mugsept2019.jpg
     Chad Bzduch       Sergio Santana

The Local Drug Task Force has nabbed two suspected drug dealers they believe were operating in the Batavia area, one selling Adderall and suboxone and the other dealing in cocaine.

Chad S. Bzduch, 33, of Ellsworth Avenue, Batavia, is charged with: criminal sale of a controlled substance, 3rd; criminal possession of a controlled substance, 3rd; criminal sale of a controlled substance, 5th; criminal possession of a controlled substance 5th; and criminal possession of a controlled substance, 7th.

Bzduch was arrested on a warrant after being spotted walking on Bank Street on Thursday by Batavia PD. He is accused of selling Adderall and suboxone to an agent of the task force on two occasions. He was allegedly found in possession of fentanyl at the time of his arrest. He was arraigned in Genesee County Court and released on his own recognizance.

Sergio I. Santana, 38, of State 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.

Santana was picked up on Ellicott Street on Thursday by Batavia PD. Santana is accused of selling cocaine to an agent of the task force on two occasions. He was arraigned in Genesee County Court and released on his own recognizance.

September 16, 2019 - 4:25pm
posted by Billie Owens in crime, news, notify, batavia, Stafford, byron, Alabama.

Dustin Wayne Bogue, 37, "address unknown," (inset photo, right) is charged with: first-degree robbery; second-degree menacing; criminal possession of a weapon in the third degree; and criminal possession of stolen property in the fifth degree. At 1:51 a.m. on Sept. 14, Batavia police responded to Speedway at 204 W. Main St. in Batavia for the report of a robbery. Bogue was later arrested on the charges following an investigation. He was arraigned in Batavia City Court and jailed without bail. He is due in Batavia City Court at 11 a.m. on Sept. 19. The case was investigated by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Taylor S. Wyder, 25, of Alleghany Road, Alabama, is charged with unlawfully dealing with a child in the first degree, a Class A misdemeanor. Following the investigation into a complaint of an adult serving alcohol to a minor at 1 a.m. on Sept. 16 on Alleghnay Road in Alabama, Wyder was arrested, then released on his own recognizance. An order of protection was issued against Wyder favor of the victim. Wyder is due in Alabama Town Court on Oct. 3. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Colby L. Ellis, 30, of West Academy Street, Albion, is charged with second-degree criminal contempt. Ellis was arrested at 4:35 p.m. on Sept. 13 on Apollo Drive in Batavia. He allegedly violated a stay-away order of protection during a traffic stop in the parking lot. He was arraigned in Batavia City Court at held on unspecified bail. He was due in Batavia City Court this afternoon (Sept. 16). The case was handled by Batavia Police Officer Mitchell Cowen.

Schnell Alexandria Ogletree, 30, of Eagle Lane, Canillus, is charged with: aggravated unlicensed operation in the first degree; driving while ability impaired by drugs; criminal possession of a controlled substance in the seventh degree; aggravated unlicensed operation in the second degree; speeding; and unlawful possession of marijuana in the second degree. At 9:14 a.m. on Sept. 14 on Clinton Street Road in Stafford following the alleged observation of a vehicle and traffic observation. She was subsequently arrested on the charges. She was taken to Genesee County Jail and evaluated by Genesee County Sheriff's Deputy Richard Schildwaster, a certified drug recognition expert. She was issued appearance tickets and is due in Stafford Town Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Ryan DeLong, and also aided by Deputy Ryan DeLong and Deputy Chris Erion.

Jesse James Smoody, 43, of 8th Court, Westfield, Wis., is charged with aggravated driving while intoxicated -- with a BAC of .18 percent or more, and DWI. At 1:13 a.m. on Sept. 15, Smoody was arrested on Byron Holley Road in Byron following the welfare check on a male who had fallen off his morocycle in the parking lot of a convenience store. He was arrested and released on appearance tickets for Oct. 21 in Byron Town Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

Matthew C. Olcott, 40, of North Spruce Street, Batavia, is charged with seventh-degree criminal possession of drugs and criminal use of drug paraphernalia in the second degree. Olcott was arrested at 1:16 p.m. on Sept. 12 on Osterhout Avenue in Batavia after a search allegedly led to the discovery of narcotics paraphernalia. Olcott was taken to Batavia Police Department and processed, then released on an appearance ticket for Sept. 17 in Batavia City Court. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Adam Tucker. 

September 16, 2019 - 11:18am
posted by Howard B. Owens in crime, Deal of the Day, advertisement.

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the homepage).
  • Once re gistered you must sign in using the "sign in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four-month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual buyer must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.

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September 13, 2019 - 2:58pm
posted by Billie Owens in crime, news, notify, batavia, Oakfield.

Michael S. Colombo, 39, of Batavia, is charged with second-degree assault on an officer/firefighter/EMT. On Sept. 1, Mercy medics were transporting Colombo to Wyoming County Community Hospital when he allegedly became combative in the ambulance. He is accused of punching both EMTs in the face with a closed fist, causing injuries. He was later taken into custody and allegedly found to have an active arrest warrant for two counts of second-degree assault by the Batavia Police Department and the Wyoming County Sheriff's Office. Colombo is accused of head butting a Batavia Police officer during the exchange of custody, but he did not injure the officer. Colombo was arraigned in Warsaw Town Court and put in Wyoming County Jail on $25,000 cash bail or $50,000 bond. He is due to return to Warsaw Town Court on Sept. 16. The case was handled by WC Deputy Nowack and Deputy Houghton.

Kishonti D. Williams, 27, of Batavia, was arrested at 8:58 a.m. on Sept. 9 following a traffic stop by Wyoming County Sheriff's deputies on Route 246 in the Town of Perry. Deputies stopped him after allegedly observing him attempting to pass another vehicle on the right side as it was heading northbound. He is charged with aggravated unlicensed operation in the second degree. It is also alleged that he has 10 active suspensions on his driver's license. He is due in Town of Perry Court on Oct. 16. The case was handled by Wyoming County Sheriff's Deputy Daniel J. Kemp.

Sophie McGowan Cegielski, 18, of Pine Street, Oakfield, is charged with petit larceny. At 3:20 p.m. on Sept. 12, Cegielski was arrested at Oakfield-Alabama Central School on Lewiston Road in Oakfield. She is accused of stealing property out of another student's bag during after-school hours on Sept. 11. She was issued an appearance ticket and is due in Oakfield Town Court on Sept. 23. The case was handled by Genesee County Sheriff's Deputy David Moore.

September 12, 2019 - 6:37pm
posted by Billie Owens in crime, news, notify, batavia.

From Alecia Kaus/Video News Service:

Malik I. Ayala, 27, of Walnut Street, Batavia, was to be sentenced on this afternoon (Sept. 12) in Genesee County Court, but he did not show up.

Public defender Jerry Ader told the court he could not appear today because he was admitted to an inpatient treatment program called Reflections at the Eastern Niagara Health System in Lockport.

The program is a chemical dependency treatment program available to adults ages 18 and over to help them recover from dependence on alcohol or other drugs. The program provides short-term treatment services.

Ader asked Judge Charles Zambito for an adjournment.

Ayala will remain at the inpatient facility until Oct. 2nd.

Ayala has already accepted a plea deal and pled guilty to a charge of third-degree burglary, a class D felony.

He was picked up on Nov. 15 in connection with a string of burglaries in Genesee County after Investigator Chris Parker with the Sheriff’s Office identified a vehicle that was wanted in connection with the burglaries.

The vehicle was being operated by TeeSean T. Ayala, 20, Malik’s brother.

After the vehicle turned into a driveway at 317 Washington Ave., a .22-caliber semi-automatic pistol was thrown from the vehicle. The Sheriff’s Office says TeeSean Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop.

TeeSean Ayala, 20, of Batavia, was sentenced in Genesee County Court to five years in prison and five years post-release supervision last month. TeeSean pled guilty to one count of criminal possession of a weapon, 2nd, which satisfies seven other residential burglary charges dating back to 2015.

Due to Malik I. Ayala’s criminal history, First Assistant District Attorney Melissa Cianfrini opposed the adjournment today.

“We feel he is a second felony offender, prison is mandatory, we are opposed to this adjournment,” Cianfrini said.

Judge Zambito explained that there was no commitment on sentencing and that Ayala was not recommended for the inpatient treatment.

“The fact (is) that he is in treatment; we will adjourn until afterwards,” Zambito said.

The new sentencing schedule is 9:15 a.m. Oct. 3.

September 12, 2019 - 12:35pm
posted by Billie Owens in crime, news, notify, batavia, Basom.

Darel D. Tingue, 29, of Main Street, Arcade, is charged with: trespass; criminal possession of a controlled substance in the seventh degree; and criminal possession of a controlled substance in the third degree. Tingue was arrested on Sept. 10 after allegedly causing a disturbance at UMMC. He was asked to leave and not return, but he allegedly did return and was arrested at 10:01 a.m. for trespass. He was found at the time to allegedly possess a controlled substance and cocaine. He was arraigned in Batavia City Court and jailed on $10,000 cash bail or $20,000 bond. The case was handled by Batavia Police Officer Darryle Streeter.

David Allen Bogue, 52, of Maple Street Road, Basom, is charged with driving while intoxicated and failure to keep right. Bogue was arrested at 2:58 p.m. Sept. 10 on Lewiston Road in Batavia after the investigation of a one-car accident. He was issued an appearance ticket for Oct. 24 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Travis DeMuth.

Jason R. Anderson, 38, of South Main Street, Batavia, is charged with criminal possession of a weapon in the third degree -- with a previous conviction. Anderson was arrested following a Probation residence check at 12:09 p.m. Sept. 7 at his apartment on South Main Street. He was issued an appearance ticket and was due in Batavia City Court Sept. 10. The case was handled by Batavia Police Officer Miah Stevens.

Nicole Lee Woodruff, 39, of South Academy Street, Medina, is charged with petit larceny. At 5:54 p.m. on Sept. 11, Woodruff was arrested for allegedly stealing property from Sally Beauty Supply in the Towne Center at Batavia on Veterans Memorial Drive. She was released on an appearance ticket for Sept. 26 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Eric Meyer.

Keriann Barbaritz, 40, of Pratt Road, Batavia, is charged with petit larceny. At 2:45 p.m. on Sept. 10, Batavia police were requested for a shoplifting incident at a business on West Main Street in the city. Barbaritz was arrested, processed at the scene and released on an appearance ticket. She is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Davis.

Rae Charlene Cook, 30, of East Main Street, Batavia, is charged with petit larceny. She was arrested as a result of an arrest warrant issued by Batavia City Court for this alleged incident which occurred at 3:57 p.m. Aug. 26 on East Main Street in Batavia. She was arraigned in city court on Sept. 11 and jailed in lieu of $250. She was due back in court this morning (Sept. 12). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Peter Post.

September 10, 2019 - 7:40pm
posted by Howard B. Owens in crime, batavia, news, notify.

A 29-year-old resident of Holley and an alleged accomplice are accused of stealing $75 worth of Reese's Peanut Butter Cups from the Top's Market in Batavia this morning.

Kay E. Dilker is charged with petit larceny. Also arrested was 37-year-old Joseph Turner (charges not specified in the press release and no address provided).

Batavia PD was dispatched at 11:05 a.m. for a report of a shoplifting in progress at Tops.

When patrols arrived, Dilker and Turner reportedly tried to evade police by jumping over a fence and into the yard of a residence on Redfield Parkway.

Once apprehended, the duo was allegedly found in possession of a large bag of peanut butter cups.

Dilker was jailed on $2,500 bail or $5,000 bond. Turner was released under supervision of Genesee Justice.

The case was investigated by officers Adam Tucker and Jason Davis.

September 10, 2019 - 3:25pm
posted by Howard B. Owens in crime, batavia, news, notify.
wesleythigpenmug2019.jpg
    Wesley Thigpen

A 38-year-old Batavia man who is facing a sexual abuse charge along with two criminal-contempt-related burglary charges has a pending plea offer that would cap his prison term at four years, but Judge Charles Zambito would not bring his bail down as much he requested while he considers the plea offer.

Wesley, who was most recently a resident of Ellicott Street, Batavia, is charged with: sexual abuse in the first degree, stemming from an incident reported in May; two counts of burglary, 2nd; a count of criminal contempt, 2nd; and a count of criminal contempt 1st; as well as criminal mischief, 4th.

Under terms of the plea offer outlined by First Assistant District Attorney Melissa Cianfrini, Thigpen would agree to a guilty plea on the sexual abuse charge and a criminal contempt charge. He would also admit to being a second-time felony offender.

Besides a shorter prison term, all of the other charges against him, including pending charges in Batavia and Oakfield, would be dropped.

He was in court today to waive a grand jury presentation on the burglary charges because if he was indicted, the mandatory prison terms would probit the district attorney's office from offering a four-year term cap. Also, the judge would be prohibited from a sentence, upon conviction, of anything less than five to 15 years in prison.

Cianfrini said her office was willing to give Thigpen more time to consider the plea offer but in order to get that time, he needed today to waive a grand jury presentation, which he did.

Under the terms of the deal, Thigpen would be able to make the guilty plea on an Alford basis, which means he pleads guilty without admitting to the facts of the underlying charges. 

When Thigpen came into court, he was being held in jail on $15,000 bail, or $30,000 bond.

His attorney, Mark Lewis, said despite his client's criminal history, he's never failed to show up for a court appearance and turned himself in on these pending charges so bail should be reduced to $2,500, the amount it was on his initial arrest on the sexual abuse charge.

Cianfrini objected to reducing the bail because of the significant prison time associated with the burglary charges, as well as the allegation of new crimes while out on bail previously, and the allegations of criminal contempt indicated, she said, that Thigpen has a problem following court orders.

"He is a considerable flight risk," Cianfrini said.

It's unusual for criminal defendants to speak on their own behalf at bail review hearings, but Thigpen asked to speak and Zambito permitted him to address the court.

"I feel the bail amount is excessive," Thigpen said.

Thigpen said he has maintained his innocence since his arrest and is considering the plea deal only because it was laid out for him in considerable detail what the consequences are if he were convicted by a jury of the all the charges against him. 

"I have no reason to run," Thigpen said. "I've shown up in court over and over again. I've shown I'll show up. I'm not a flight risk."

Zambito expressed concern that when Thigpen was out on bail on the sex abuse charges he allegedly committed other crimes, but that he did deserve some consideration for his court appearance record. He set bail at $10,000 or $20,000 bond.

September 9, 2019 - 1:53pm
posted by Billie Owens in crime, news, notify, batavia, Oakfield, Le Roy, Pavilion, Darien, corfu.

Rachel M. Grace, 30, of 638 N. Buckeye St., Wooster, Ohio, and Jeremy R. Triesler, 39, of 9318 Lincoln Way East, Orrville, Ohio, were arrested at Darien Lake Theme Park on Alleghany Road in the Town of Darien on Sept. 7. At 7:20 p.m. deputies responded to a criminal mischief complaint. It is alleged that Grace became angry and threw a bucket of water at a food service employee, causing $594.15 in damages. Triesler allegedly became belligerent and used obscene language, which caused a disturbance at the theme park; then he allegedly shoved a security officer when they attempted to intervene. Grace is charged with fourth-degree criminal mischief. Triesler is charged with second-degree harassment and disorderly conduct. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Erik Andre.

James Darrell Hooten Sr., 30, of Sunset Parkway, Oakfield, is charged with obstruction of governmental administration, second-degree harassment and disorderly conduct. At 5:35 p.m. on Sept. 7, while attempting to arrest another subject on a warrant on Sunset Parkway in Oakfield, Hooten Sr. was arrested. He allegedly attempted to prevent the arrest of another person. He is also accused of threatening Genesee County Sheriff's deputies and Probation officers and using obscene language in public. He was released on an appearance ticket and is due in Oakfield Town Court on Oct. 7. The case was handled by Deputy Kyle Krzemien, assisted by Deputy Travis DeMuth.

Nancy M. Storms, 46, of Perry Road, Pavilion, is charged with second-degree harassment -- physical contact. At 7:45 p.m. on Sept. 2, Storms was arrested on North Street in Batavia for allegedly pushing another person during an altercation. She was issued an appearance ticket and is due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Christopher Lindsay.

Lakeisha A. Gibson, 33, of Lewis Place, Batavia, is charged with fourth-degree criminal mischief. On Sept. 3 at 6:42 p.m. Batavia police responded to Lewis Place for a complaint of criminal mischief. Gibson was arrested for allegedly damaging a vehicle window. She was issued an appearance ticket for Sept. 17 in Batavia City Court. The case was handled by Officer Arick Perkins, assisted by Officer Peter Post.

Brian E. Freeman, 46, of Genesee Park, Monroe, is charged with: driving while intoxicated; aggravated DWI -- a BAC of .18 or more; and speeding. Freeman was arrested at 12:37 a.m. on Aug. 31 on Oak Street in Batavia following a traffic stop. He was issued appearance tickets and is due in Batavia City Court on Sept. 11. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Joshua M. Gaudioso, 30, of Albion Road, Oakfield, is charged with petit larceny. At 6:42 on Aug. 15, Gaudioso was arrested following a larceny complaint in the Village of Oakfield. He allegedly stole a NYS license plate that did not belong to him. Following his arrest, he was taken to jail then released on an appearance ticket. He is due in Corfu Village Court on Oct. 7. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Ebony S. Sanders, 41, of Lake Avenue, Rochester, is charged with possession of marijuana in the second degree and speeding. On Sept. 3 at 10:30 a.m., Sanders was stopped on Interstate 490 in the Town of Le Roy following the alleged observation of a vehicle/traffic violation. Upon conducting a roadside interview with Sanders, the odor of burnt marijuana was allegedly detected. She was issued an appearance ticket and is due in Le Roy Town Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Chad Minuto.

September 7, 2019 - 8:00am
posted by Billie Owens in Grand Jury, Le Roy, crime, news, notify.

Lorie A. Litolff is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on March 30 in the Town of Le Roy that Litolff drove a 2003 Chevrolet on Route 19 (Lake Street) while intoxicated. In count two, she is accused of leaving the scene of an incident without reporting it, a Class E felony. It is alleged in count two that she drove the Chevrolet when an incident occurred that resulted in serious physical injury to a person and she knew this but failed to stop. And when no police officer was in the vicinity when the injury was sustained, she failed to report it as soon as she was able to.

Ronald G. Besemer-McLean is indicted for the crime of aggravated unlicensed operation of a motor vehicle in the first degree, a CLass E felony. It is alleged that on March 2 in the Town of Le Roy that Besemer-McClean drove a 2006 Acura on I-490 when he knew his driver's license was suspended or revoked and while he was under to influence of alcohol or a drug. In count two, he is accused of driving while intoxicated as a Class E felony. In count three, he is accused of tampering with physical evidence, a Class E felony. It is alleged in count three that he defied police orders and placed a plastic baggie containing an unknown substance in his mouth and swallowed it. In count four, Besemer-McClean is accused of resisting arrest, a Class A misdemeanor. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI, as a misdemeanor, on Nov. 7, 2012 in City of Rochester Court. The conviction forms the basis for the suspension or revocation referred to in count one of the current indictment.

September 6, 2019 - 2:41pm
posted by Howard B. Owens in crime, news, batavia, notify.
peartmugsept2019.jpg
       Edwin Peart Jr.

A suspected drug dealer from Rochester arrested on Pearl Street in Batavia this week will have a chance to make his $10,000 cash bail (or $20,000 bond) with the help of friends and family, the public defender told Judge Charles Zambito at a bail review hearing this afternoon.

Edwin Peart Jr., 36, of Brookridge Drive, Rochester, was initially held on no bail following his initial arraignment in Batavia City Court because of, by law, his prior felony convictions. Only a county court judge can set bail for a defendant facing a felony charge with prior felony convictions.

Public Defender Jerry Ader argued that soon changes in state law would mean his client would automatically be released without bail since he was held on a nonviolent felony, and given that, he suggested Zambito release Peart under the supervision of Genesee Justice. 

Ader said bail should be set at a reasonable amount -- he asked for that to be $10,000 -- because his client is accused of a nonviolent felony, and if for some undisclosed reason Peart is unable to work and earn money, bail should not be untenable.

Assistant District Attorney Kevin Finnell cited Peart's lengthy criminal record and previous failures to appear in court and a parole violation as well as a fleeing police charge as a reason to set a higher bail. He asked for $20,000 cash or $40,000 bond.

Bail is intended to ensure a defendent's future court appearance not as a punishment.

Zambito set bail at Ader's requested amount of $10,000 cash (or $20,000 bond).

Peart's criminal record goes back to 2002 when he was convicted of criminal contempt. In 2004, he was arrested from criminal possession of a weapon. In 2015, ID theft, and he had warrants out for his arrest in 2017 (though Ader said Peart turned himself in and the warrants were revoked). In 2017 he was also accused of fleeing a police officer.

September 6, 2019 - 12:30pm
posted by Billie Owens in crime, news, elba, notify.

From the New York State Police:

On Sept. 5, State Police arrested Ronald L. Rowcliffe, 55, of Elba, after investigating several reports of sexual abuse.

Rowcliffe, a Boy Scout leader, reportedly had inappropriate sexual contact with several victims ranging in age from 12 to 14 years, who were attending the Massawepie Boy Scout Camp in the Town of Piercefield during the summers of 2017-2019.

Rowcliffe was charged with two counts of sexual abuse in the first degree, and one count each of forcible touching and one count of endangering the welfare of a child.

He was arraigned in the Town of Piercefield Court, and put in St. Lawrence County Jail in lieu of $10,000 cash bail, or $20,000 bail bond.

This remains under investigation, and further charges are pending.

If anyone has information regarding this investigation or believes they may be a victim, they are asked to contact the New York State Police at (518) 873-2750.

September 6, 2019 - 12:15pm
posted by Howard B. Owens in crime, bergen, news, notify.
smithmug2019.jpg
     Jahmiere Smith

A traffic stop by Rochester police led to the arrest Wednesday of a teenager wanted in Genesee County for allegedly dealing drugs in Bergen.

Jahmiere D. Smith, 18, of Rochester, was the subject of an active arrest warrant out of Genesee County stemming from two alleged drug deals between Smith and an agent of the Local Drug Task Force.

Smith is suspected of dealing in heroin in Bergen and accused of selling heroin to an undercover agent on two separate occasions.

He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Smith was arraigned in Genesee County Court and ordered held on bail of $1,500.

The Task Force was assisted in the investigation by Genesee County Sheriff's deputies and the District Attorney's Office.

September 5, 2019 - 11:28am
posted by Billie Owens in crime, news, notify, batavia.

Patricia A. Gibson, 29, of East Main Street, Batavia, is charged with disorderly conduct and obstruction of governmental justice. She was arrested on Aug. 30 after an incident at 8:46 p.m. on Watson Street in Batavia. It is alleged she was observed in a physical fight with another individual. Gibson allegedly ignored officers' commands, but was eventually taken into custody without further incident. She was issued an appearance ticket for Sept. 10 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Quider.

Wesley Thigpen, 38, no address provided, is charged with: second-degree burglary; criminal contempt of court in the second degree; and fourth-degree criminal mischief. On Sept. 3, Thigpen turned himself in to the Batavia Police Department on these charges. He is accused of violating an order of protection by entering the protected party's residence and preventing them from calling 9-1-1. He was due is Batavia City Court on Sept. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

Jacob L. Hernandez, 25, of McKinley Avenue, Batavia, is charged with criminal mischief. Batavia Police Officer Peter Post arrested Hernandez on Sept. 3 on an active warrant out of Batavia City Court. The warrant stemmed from an incident at 5:15 a.m. on July 4 on McKinley Avenue. He was arraigned in city court then released under supervision of Genesee Justice. He is due to return to city court on Sept. 19. Officer Post was assisted by Officer Arick Perkins.

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