crime

Press release:

At approximately 2:30 a.m. Sunday, March 21, officers with the City of Batavia Police Department responded to the Speedway gas station, located at 204 W. Main St. The officers were called to check the welfare of individuals reported to possibly be under the influence of drugs and “not acting right.” Upon arrival officers located three individuals and a vehicle. 

The officers made contact with an individual and observed a handgun in plain view inside the vehicle and within reach of the occupant(s). The officer attempted to secure the handgun, at which time a struggle occurred between the officer and a male occupant. 

During the struggle, an officer discharged their duty-weapon at the suspect. Neither the suspect or the officers were struck during the incident. 

The suspect broke free from the struggle and proceeded to lead police on a pursuit through the City of Batavia and into the Town of Batavia. Additional City of Batavia police officers joined the pursuit, along with deputies from the Genesee County Sheriff’s Office. 

The suspect vehicle crashed on private property near Woodland Drive in the Town of Batavia. The male suspect and two other individuals were taken into custody at the scene of the crash without further incident. Officers recovered a gun at the scene of the crash. 

The male suspect was taken to RRH-UMMC for treatment of injuries sustained from the crash. No civilians or passersby were injured as a result of the incident.

The incident is being investigated by the City of Batavia Police Department. The discharge of the duty weapon and the incidents that took place outside of the City of Batavia are being investigated by the Genesee County Sheriff’s Office.

As information becomes available the City of Batavia Police Department will release it.

The Sheriff's Office has recovered the remains of another person apparently turned over to Michael S. Tomaszewski Funeral Home and Cremation Chapel for interment.

Chief Deputy Joseph Graff said no other information about the recovery will be released at this time. The case is under investigation and Graff said there will be a press release about the case if new charges are filed against Michael Tomaszewski.

Tomaszewski is already facing criminal charges for an alleged failure to properly bury the remains of a military veteran along with more than 200 criminal charges for allegedly misappropriating funds deposited with his business by families expecting to make prearrangments for funerals. The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

There was also an allegation last year that Tomaszewski mishandled the remains of a baby but that case has never resulted in charges.

Graff said the discovery of the remains this week was the result of information provided to the Sheriff's Office by Tomaszewski's attorney. Tomaszewski is represented by Thomas Burns.

There is a plea offer pending for Tomaszewski and the defendant was expected to accept the plea at a hearing earlier this week but after an off-the-record conference with Judge Charles Zambito, the hearing was postponed until April 13.

This week, Tomaszewski's bankruptcy case was converted from a Chapter 11 (reorganization of debt) to a Chapter 7 (liquidation).

Charles Lewis Hull Jr., 63, of 9460 Warsaw Road, Le Roy, is charged with allowing his dogs to bark loudly habitually, in violation of Le Roy Town Code Section 63-11 sub 3, according to a report from the Genesee County Sheriff's Office. Deputies responded to his home at 12:13 p.m. March 13 for an animal complaint, which alleges he allows his dogs to bark habitually thereby disrupting other citizens in the neighborhood. He was issued an appearance ticket to be in Le Roy Town Court at 1 p.m. on April 6. The case was handled by Deputy Zachary Hoy, assisted by Deputy Erik Andre.

Christine Michelle Jones, 33, of Hutchins Place, Batavia, is charged with third-degree grand larceny and offering a false instrument for filing in the first degree. She was arrested and arraigned in Genesee County Court on March 16, then released on her own recognizance. She is accused of filing an application for SNAP benefits on May 1, 2018 that either contained false information or omitted information, and as a result she received $17,197 in benefits that she was not eligible for. The investigation was completed by Genesee County Department of Social Services Investigator Robert Riggi and she was arrested by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Deputy Chad Cummings.

Trina Leigh Grimmer, 49, of Townline Road, Byron, is charged with third-degree grand larceny and six counts of offering a false instrument for filing in the first degree. She was arrested and arraigned in Genesee County Court on March 17, then released on her own recognizance. She is accused of filing applications for SNAP benefits that either contained false information or omitted information, and as a result she received $8,104 in benefits that she was not eligible for. The investigation was completed by Genesee County Department of Social Services Investigator Dakota Nicholson and she was arrested by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Dawn Marie Puleo, 54, of Maple Street, Batavia, is charged with third-degree grand larceny and four counts of offering a false instrument for filing in the first degree. She was arrested and arraigned in Genesee County Court on March 16, then released on her own recognizance. She is accused of filing applications for SNAP benefits on Nov. 1, 2018 that either contained false information or omitted information, and as a result she received $4,555 in benefits that she was not eligible for. The investigation was completed by Genesee County Department of Social Services Investigator Robert Riggi and she was arrested by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Deputy Chad Cummings.

Erin Marie Rutoskey, 34, of Columbia Avenue, Batavia, is charged with fourth-degree grand larceny, fourth-degree criminal mischief, and fifth-degree conspiracy. At 7:52 p.m. on March 3, Genesee County Sheriff's deputies responded to Walmart in Batavia. After an investigation, Rutoskey was arrested for allegedly stealing property valued in excess of $1,000 and allegedly damaging property. She is due in Batavia Town Court on April 8. The case was handled by Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

Angeline Ella Lorreine Escudero, 28, of Columbia Avenue, Batavia, is charged with fourth-degree grand larceny, fourth-degree criminal mischief, and fifth-degree conspiracy. At 7:52 p.m. on March 3, Genesee County Sheriff's deputies responded to Walmart in Batavia. After an investigation, Escudero was arrested for allegedly stealing property valued in excess of $1,000 and allegedly damaging property. She is due in Batavia Town Court on April 8. The case was handled by Deputy Zachary Hoy, assisted by Deputy Erik Andre.

Rather than reorganizing his debt, Michael S. Tomaszewski, the local funeral director also facing more than 200 criminal charges, is now seeking to dismiss all of his debt.

Today U.S. Bankruptcy Court Judge Carl L. Bucki signed an order converting Tomaszewski's bankruptcy filing from Chapter 11, in which a judge helps debtors and creditors arrive at a repayment plan, to Chapter 7, which would allow Tomaszewski to liquidate most of his assets and have any debts not paid after liquidation discharged.

Tomaszewski, both personally, and his company Acme Holdings of New York filed for bankruptcy in Federal Court on Feb. 5. Combined, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

That doesn't include any restitution he may be ordered to pay if convicted of the nearly 200 criminal charges he faces locally.

The 48-year-old funeral director and owner of Michael S. Tomaszewski Funeral Home and Cremation Chapel is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, and three counts of petit larceny.

According to the Sheriff's Office arrest report from July 23, Tomaszewski received deposits from customers ranging from $350 to $15,500. His customers allegedly suffered a combined loss of more than $525,000.

The bankruptcy filing for Acme Holding remains Chapter 11, but there has been no activity on that case since February.

Yesterday, Tomaszewski was expected to formally accept a plea deal in his criminal case but for reasons unstated in court, the defendant declined to proceed and was granted a continuance of his case until April 13.

An anticipated plea from Michael S. Tomaszewski in his funeral home fraud case has been delayed until April 13 for reasons not revealed during a brief County Court hearing today.

During the virtual hearing, Judge Charles Zambito and both attorneys -- Thomas Burns for the defense and Assistant District Attorney Kaitlynn Schmit -- mentioned a prior off-the-record discussion about the case without indicating what was discussed, but it seemed to have some bearing on Tomaszewski's decision not to enter a plea today.

For the record, Schmit said she thought there should be no delay in the plea.

"I don’t think our discussion today is going to have any effect on the plea offer," Schmit said. "I would like to have closure for the victims in these cases. I would ask that we proceed with the defendant’s plea if that’s how he intends on proceeding."

There is no indication that Tomaszewski won't accept the plea deal that's been offered by the District Attorney's Office.  

At a hearing in early February, the pending plea offer was discussed. Under the terms, Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The plea couldn't be accepted at that hearing because Tomaszewski had not yet been arraigned in Town of Batavia Court on pending charges in that jurisdiction.

Today, Zambito appointed himself acting town justice and accepted Tomaszewski's not guilty plea to those charges during an arraignment.

Those charges will be satisfied with a guilty plea if Tomaszewski accepts the pending plea offer.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, faces more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

He's also accused of improperly handling the remains of a deceased veteran. 

While his criminal case is pending, so his bankruptcy case. He filed for Chapter 11 bankruptcy in February 2020. There was a hearing on the case yesterday, but the results of that hearing are not yet publicly available.

Nina Esterbrook-Kelso, 36, no address provided, is charged with two counts of endangering the welfare of a child in the second degree. She was arrested at 5:06 p.m., March 1, on Columbia Avenue in the City of Batavia. It is alleged that she left THC-laced edible candies in a place where they were accessible to children. She was released on an appearance ticket and is due in Batavia City Court on May 12.

Aaron Zimblis, 57, no address provided, was arrested Feb. 27 on Vine Street in the City of Batavia after a physical altercation that occurred in an upper apartment at 3:40 that afternoon. He is charged with second-degree harassment and second-degree strangulation. After his arrest, he was issued appearance tickets to be in Batavia City Court on May 4.

Lisa Fox, 49, no address provided, is charged with: criminal possession of a hypodermic instrument; speeding; operating a vehicle while its registration is suspended; and operating a motor vehicle with no license plate displayed. She was arrested at 10:12 p.m. March 5 on Clinton Park in Batavia after allegedly being observed speeding on East Avenue. She was issued an appearance ticket to be in Batavia City Court on May 11.

Robert Gerety Jr., 47, no address provided, arrested at midnight on Jan. 26 and charged with first-degree criminal contempt. During an unrelated traffic stop on West Main Street in Batavia, he was found to have an active warrant for his arrest out of Batavia City Court. He was put in jail (bail status not provided) and is due back in court April 1.

Robert Gerety Jr., 47, no address provided, is charged with: second-degree criminal contempt; aggravated unlicensed operation in the second degree; operating a vehicle in violation of an ignition interlock device restriction; unlicensed operation of a motor vehicle; and uninspected motor vehicle. He was arrested at 9:48 p.m. on Feb. 28  on West Main Street at Dellinger Avenue in the City of Batavia after a traffic stop. It was discovered that he was in violation of an order of protection because he allegedly had the protected party in his vehicle at the time of the traffic stop. He was arraigned in Batavia City Court, then jailed without bail. He is due in city court again on April 1.

David Michael Weaver, 45, of Torrey Road, Bethany, is charged with second-degree harassment. He was arrested at 4:20  p.m. on March 13 on Torrey Road in the Town of Bethany. He was issued an appearance ticket to be in Town of Bethany Court on April 27. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Tower.

Joseph Grant Blair III, 29, of West County House Road, Albion, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; moving from lane unsafely; and failure to dim head lamps. At 12:15 a.m. on March 13, Blair was arrested after a traffic stop on Akron Road in the Town of Pembroke. He was released with appearance tickets for Pembroke Town Court on April 14. The case was handled by Alejandro Jordan, assisted by Deputy David Moore.

Kristen Lazarony, 36, no address provided, was arrested after a traffic stop at 10:29 p.m. March 3 on West Main Street at Ellicott Street in the City of Batavia. She is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; failure to keep right; and failure to use designated lane. It is alleged she had a BAC of .16 percent at the time of her arrest. She was issued tickets then released from custody. Lazarony is due in Batavia City Court on June 8.

Julie Roesser, 31, no address provided, was arrested at 9:30 p.m. March 8 on West Main Street at Montclair Avenue in the City of Batavia after a traffic stop. She is charged with driving while intoxicated with a BAC of .08 percent or more, DWI, and having no head lamp or an inadequate head lamp. She was released with tickets to be in Batavia City Court on June 15.

Steven Gerard Conway, 60, of Circle Court, Williamsville, is charged with driving while intoxicated -- first offense; aggravated DWI; no seat belt; and impeding traffic. He was arrested at 7:20 p.m on Main Road in Pembroke and was released with an appearance ticket to be in Pembroke Town Court on April 29. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Kenneth Quackenbush.

Erica Lynn Lamkin, 31, of Warsaw Road, Pavilion, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; and speeding in excess of 55 mph. At 11:25 p.m. March 14, Lamkin was arrested on Main Road in Stafford. She was released with an appearance ticket for Stafford Town Court on April 15. The  case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Shuvon Williams, 55, of East Avenue, Batavia, was arrested at 8:56 p.m. Jan. 30 after turning herself in on an arrest warrant out of Batavia City Court alleging custodial interference. She is accused of violating a custody agreement by not returning a child as specified in the agreement. Williams was issued an appearance ticket for June 8 in Batavia City Court.

Grace Crystal Murray, 21, of Pratt Road, Batavia, is charged with third-degree criminal trespass. At 6:39 p.m. March 7, Murray was arrested after entering Walmart in Batavia and remaining inside unalwfully after previously being banned from the property. She is due in Town of Batavia Court on April 8. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy, assisted by Deputy Travis DeMuth.

Nateeka Gibson, 31, no address provided, was arrested March 8 on a warrant out of Batavia City Court stemming from an petit larceny incident Jan. 4. It is alleged that she stole $20 from a person on Bank Street while she was a guest at their residence. Gibson was arraigned virtually in Batavia City Court while she was in Monroe County Jail on unrelated charges. She was held on one dollar cash bail and is due in city court April 14.

Chance Luke Flanagan, 19, of West Main Street, Corfu, is charged with: third-degree burglary; third-degree grand larceny; second-degree criminal mischief; fourth-degree grand larceny; and fifth-degree conspiracy. Flanagan was arrested after an investigation into a burglary that occurred on East Main Street in the Village of Corfu between June 1 and June 2. He was arraigned virtually March 11 in Batavia City Court and released on his own recognizance. He is due in Corfu Village Court May 12. The investigation was conducted by Corfu Village Police Officer David Krzemien and the Criminal Investigation Division of the Genesee County Sheriff's Office, including investigators Kevin Forsyth and Howard Carlson.

Thomas Franklin Hofmeier, 19, of Harlem Road, West Seneca, is charged with: third-degree burglary; third-degree grand larceny; second-degree criminal mischief; fourth-degree grand larceny; and fourth-degree conspiracy. Flanagan was arrested after an investigation into a burglary that occurred on East Main Street in the Village of Corfu between June 1 and June 2. He was arraigned virtually March 10 in Batavia City Court and released on his own recognizance. He is due in Corfu Village Court April 5. The investigation was conducted by Corfu Village Police Officer David Krzemien and the Criminal Investigation Division of the Genesee County Sheriff's Office, including investigators Kevin Forsyth and Howard Carlson.

Michael A. Sweet, 35, of Varysburg, and Rachel A. Baehr, 34, of Batavia (no addresses provided), were arrested March 11 after a traffic stop on Route 98 in the Town of Sheldon. Sweet was pulled over after being observed driving a 2004 Subaru Forrester, and was known by law enforcement to have a suspended driver's license. A metal cylinder with 2.19 grams of methamphetamine was allegedly found in the front seat of the vehicle. Multiple pieces of meth paraphernalia were also allegedly seized. An investigation allegedly found the passenger, Baehr, had another bag and glass vial containing 1.97 grams of meth, both concealed on her person. She turned the items over to deputies at the scene. Both suspects were taken to Wyoming County Sheriff's Office for processing. Sweet is charged with: criminal possession of a controlled substance in the seventh degree; aggravated unlicensed operation in the third degree; unlicensed operation; and visibility distorted by broken glass. Baehr is charged with criminal possession of a controlled substance in the seventh degree and criminally using drug paraphernalia in the second degree. They were issued appearance tickets to answer the charges in the Town of Sheldon Court March 29, then processed and released from custody. The case was handled by Wyoming Coiunty Sheriff Sgt. Colin Reagan and Deputy Justin Bliss.

Christina Maria Sanchez-Anderson, 32, of Park Road, Batavia, was arrested after turning herself in at the Genesee County Jail March 9. Her arrest stems from an incident Feb. 24 on Union Street in Batavia during which she was allegedly found to be in possession of a quantity of cocaine. She was the passenger in a vehicle stopped for a vehicle and traffic violation. The odor of marijuana was allegedly emanating from inside the vehicle. A search of the vehicle and its occupants allegedly yielded the evidence in this case, which was subsequently examined and tested. Sanchez-Anderson was issued an appearance ticket to be in Batavia City Court on March 25. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

Ronnie J. Sumeriski II, 38, of Batavia (no address provided) was arrested March 10 on a warrant out of Town of Java Court following a traffic stop in Genesee County. On Feb. 9, Wyoming County Sheriff's deputies received a report of a possible violation of an order of protection in the Town of Java. After an investigation, it was allegedly determined that Sumeriski violated a complete stay away order of proection issued Dec. 3 in Wyoming County Court by attempting to hack into the protected party's social media account and communicate via text message. He was previously arrested Dec. 3 for third-degree menacing and aggravated harassment in the second degree after a domestic incident. An arrest warrant was issued. After being taken into custody in Genesee County, the defendant was turned over to Wyoming County Sheriff's deputies and charged with second-degree criminal contempt. After his arraignment, he was released on his own recognizance and is due in Java Town Court at a later date. The case was handled by Wyoming County Sheriff's Deputy Austin Harding.

Bruce D. Smith is indicted for the crime of second-degree larceny. It is alleged that between about April 2018 through March 2019 in the Town of Bergen that Smith stole property having a value of more than $50,000. In count two, he is accused of falsifying business records in the first degree, a Class E felony. It is alleged in count two that in October 2018 that he acted with intent to defraud and falsified an entry into a business's financial records for the period of July 2018 through January 2019.

Christopher C. Good is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 20 on Liberty Street in Batavia that Good knowingly entered and remained unlawfully in a dwelling with the intent to commit a crime and caused physical injury to a victim inside. In count two, he is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to the victim. In count three, Good is accused of third-degree menacing, a Class B misdemeanor, for intentionally placing or attempting to place the victim in fear of death, imminent serious physical injury, or physical injury. In count four, Good is accused of second-degree aggravated harassment, a Class A misdemeanor, for communicating with a person with the intent to harass, annoy, threaten or alarm that person by making a threat to cause physical harm, thereby causing the victim to reasonably fear harm for their safety or their property, or that of their family or household.

Daniel E. King is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 9 in the Village of Corfu that King drove a 2006 Suzuki on Route 33 while his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count two, he is accused of DWI, also as a Class E felony, for allegedly driving while intoxicated that day. In count three, King is accused of refusing to submit to a breath test. In count four, he is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for allegedly driving on Phelps Road in the Town of Pembroke on Nov. 12 while under the influence of alcohol or a drug while his license was suspended or revoked by authorities. In count five, King is accused of DWI for allegedly driving on Phelps Road in the Town of Pembroke while intoxicated on Nov. 12. In count six, he is accused of refusing to submit to a breath test Nov. 12 on Phelps Road in the Town of Pembroke. In Special Information filed by District Attorney Lawrence Friedman, he is accused of having been convicted of DWI as a misdemeanor on Aug. 6, 2012, in Greene County Court, and that conviction forms the basis for the suspension or revocation referred to in counts one and four of the current indictment.

Lisa A. Way is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 5 in the City of Batavia that Way drove a 2011 Chevolet on Ellicott Street (Route 63) and on the driveway/parking lot at an address on that street while intoxicated. In count two, Way is accused of refusing to submit to a breath test. In Special Information filed by District Attorney Lawrence Friedman, she is accused of having been conviction of DWI as a misdemeanor on Nov. 8 in Town of Newstead Court in Erie County and that conviction was within 10 years of the crime alleged in count one of the current indictment.

Louis M. Coleman, 48, of Bethany (no address provided), was arrested on March 7 after a traffic stop on Route 63, in the Town of Covington. He was the driver of a vehicle stopped for erratic operation and was allegedly found to be operating with a non-driver ID, with a total of seven suspensions/revocations dating back to 2001. According to the Wyoming County Sheriff's Office incident report, a bag containing more than two ounces of marijuana was "in plain view on the passenger floor, and a suqsequent vehicle search led to the seizure of a vial containing over a gram of cocaine." Coleman, a three-time convicted felon -- including one violent felony -- was taken into custody and processed at the Wyoming County Sheriff's Office. He is charged with: criminal possession of a controlled substance in the fifth degree, a Class D felony; criminal possession of marijuana in the fourth degree; aggravated unlicensed operation in the second degree; unlicensed operation; and following too closely. He was arraigned virtually for Warsaw Town Court, then held without bail in Wyoming County Jail. He is due in Wyoming County Court on March 19. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

Nateeka Marie Gibson, 31, of Tracy Avenue, Batavia, is charged with: third-degree criminal trespass; obstruction of governmental administration; and resisting arrest. At 2:22 p.m. on March 6, deputies responded to Walmart in Batavia for a reported trespassing complaint. Following an investigation, Gibson was arrested. It is alleged that she trespassed in Walmart after being previously banned from the store and that she resisted arrest when deputies took her into custody. She was issued appearance tickets and is due in Town of Batavia Court on April 29. The case was handled by Deputy Erik Andre, assisted by Deputy Ryan Young and Deputy Howard Wilson.

Patsy A. Rapone, 53, of Ellicott Street Road, Bethany, is charged with: endangering the welfare of a child; criminal mischief; and criminal contempt in the second degree. Rapone was arrested after he responded to Batavia Police Department headquarters to turn himself in. He was arraigned in Batavia City Court and put in jail in lieu of bail (unspecified). He is scheduled to reappear in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider.

Reginald Charles Sampson Sr., 55, of Ellicott Street, Batavia, is charged with: driving while intoxicated -- with a BAC of .08 percent or more; DWI -- first offense; aggravated unlicensed operator in the third degree; and moving from lane unsafely. At 5:50 a.m. March 5, Sampson was arrested on Ellicott Street in Batavia following a motor-vehicle accident that occurred in Bergen. It is alleged that Sampson exited the roadway and struck the Lyman Road sign in the area of 7268 Route 33 in the Town of Bergen. He was issued traffic tickets and is due in Bergen Town Court on March 17. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Jordan Alejandro.

Steven I. Decker, 71, of State Street, Batavia, is charged with trespass. On March 2, Batavia Police Officer Peter Post arrested Decker for trespass after a disturbance at a business on Jackson Street in the city. It is alleged Decker refused to leave the premises. He was given an appearance ticket and released with a return date of May 4 to be in Batavia City Court. Officer Mitchell Cowen assisted in the case.

Michael Anthony Flatley, 33, of Sage Avenue, Buffalo, is charged with: driving while intoxicated -- with a previous conviction within 10 years; aggravated unlicensed operation of a motor vehicle in the first degree; operating a motor vehicle while having a BAC of .08 percent or more; and failure to keep right on a two-lane road. At 1:12 a.m. March 3, Flatley was arrested on the charges after a traffic stop on Alleghany Road in Alabama. He was arraigned in Alabama Town Court and released on his own recognizance. He is due in Genesee County Court on May 5. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy David Moore.

Jeffrey Richard Doherty, 45, of Timberpoint Road, East Islip, is charged with: aggravated driving while intoxicated; DWI; driving left of pavement markings; and improper signal. At 6:65 p.m. on March 3, Genesee County Sheriff's deputies conducted a traffic stop of a vehicle on Buffalo Street in Alexander and Doherty was subsequently arrested. He was issued an appearance ticket to be in Alexander Town Court on April 27. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Cody A. Bush, 35, of Walnut Street, Batavia, is charged with: two counts of third-degree assault; fourth-degree grand larceny; and two counts fourth-degree criminal mischief. Bush was arrested Feb. 14 after an investigation into physical domestic incidents at an upper apartment on Walnut Street at 5:09 p.m. and again at 6:03 p.m. that day. He was arraigned in Batavia City Court and put in jail (bail, if any, unspecified). He was due back in city court Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Terry Marvin Conrad, 57, of South Main Street, Batavia, is charged with second-degree menacing -- with a weapon, and criminal possession of a weapon in the third degree -- with a previous conviction. Conrad was arrested after police responded to a domestic incident involving weapons that occurred on South Main Street at 11:59 a.m. Feb. 21. After an investigation it is alleged that Conrad menaced a person with a knife after engaging in a physical altercation with that person. He was arraigned in Batavia City Court and released on his own recognizance. Conrad is due to return to city court on April 7. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Jamie A. Dutton, 28, of South Platt Street, Albion, is charged with criminal possession of a controlled substance in the seventh degree. Dutton was arrested Feb. 27 after a lab report was received by the Monroe County Crime Lab. The defendant was allegedly found to possess 1.081 grams of cocaine after an incident at 8:04 p.m. Feb. 23 on McKinley Avenue in Batavia. Dutton was issued an appearance ticket to be in City of Batavia Court on April 20. The case was handled by Batavia Police Officer Connor Borchert.

Cody Lee Pahuta, 29, of Alleghany Road, Darien, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; and failure to keep right on a two-lane road. At 12:53 a.m. Feb. 27, Pahuta was arrested after a traffic stop on Alleghany Road. After an investigation, he was allegedly found to be driving while intoxicated by alcohol. He was released with appearance tickets and is due on Darien Town Court March 16. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Dustin Corey Herzog, 32, of Albion Eagle Harbor Road, is charged with petit larceny. He was arrested Feb. 23 and is accused of stealing property from a business on East Main Street in Batavia on July 1. He was arraigned in Batavia City Court and then released on his own recognizance. Herzog is due back in city court April 1. The case was handled by Batavia Police Officer Christopher Lindsay.

Antonio Joseph Pisa, 19, of Hollow Hill Lane, Rochester, is charged with unlawful possession of marijuana in the first degree. At 1:10 a.m. Feb. 19 on Clinton Street Road in Stafford, Pisa was allegedly found in possession of marijuana, homemade marijuana pills and crystallized THC following a traffic stop. Pisa was released on appearance tickets and is due in Stafford Town Court March 18. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Jennifer D. Abrams and Tarus O. Fluitt are indicted for third-degree burglary, a Class D felony. It is alleged that on Sept. 16 in the Town of Le Roy that the defendants unlawfully entered the Kwik Fill on West Main Street Road intending to commit a crime. In count two, they are accused of third-degree criminal mischief for alllegedly intentionally damaging the property of another person in an amount exceeding $250 -- the front glass door of the Kwik Fill. In count three, Abrams and Fluitt are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally agreeing to engage in conduct that constituted a felony.

Alex S. Dumbleton is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Dec. 11 Dumbleton violated an order of protection while at a residence on Pearl Street in the City of Batavia. It is alleged that on that day he acted to intentionally harass, annoy, threaten or alarm a person protected from him by a court order and did this by striking, kicking, shoving or subjecting the victim to physical contact, or threatening to do so. In count two, the defendant is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that Dumbleton intentionally disobeyed an order of protection issued on April 26 by Batavia City Court. In count three, he is accused of endangering the welfare of a child for allegedly acting that day in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, Dumbleton is accused of fourth-degree attempted criminal mischief, a Class B misdemeanor. It is alleged in count four that the defendant attempted to damage another person's property -- the driver's side door of the victim's vehicle. In count five, Dumbleton is accused of second-degree harassment for allegedly intentionally harassing, annoying or alarming another person by striking, shoving, kicking or otherwise subjecting a person to physical contact.

Cody A. Bush is indicted for the crime of third-degree assault, a Class A misdemeanor. On Feb. 14 in the City of Batavia he accused of intentionally causing physical injury to a person. In counts two and three, Bush is accused of fourth-degree criminal mischief, for allegedly intentionally damaging another person's property -- a bedroom door and a cell phone, respectively. In count four, the defendant is accused of fourth-degree grand larceny, a Class E felony, for allegedly taking a cell phone from a person. In count five, he is accused of a third count of fourth-degree criminal mischief for allegedly intentionally damaging an entryway door. In count six, he is accused of first-degree burglary, a Class B violent felony, for entering a dwelling with the intent to commit a crime and then allegedly causing physical injury to a second victim. In count seven, Bush is accused of third-degree assault, a Class A misdemeanor, for allegedly intentionally causing physical injury to the second victim.

Warren D. Post is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Batavia that Post drove a 2003 Chevrolet on Pearl Street while his license to drive was suspended or revoked by authorities and while he was under the influence of drugs or alcohol. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by consumption of alcohol on June 18, 2018 in Town of Coxsackie Court. That conviction forms the basis for the license revocation referred to in count one of the current indictment.

Roy A. Newton is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Oct. 30 in the Village of Le Roy that Newton drove a 2009 Hyundai on Main Street while intoxicated. In count two, he is accused of DWI, per se, also a Class E felony, for having a BAC of .08 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Newton is accused of having been convicted of driving while ability impaired by drugs, as a misdemeanor, on Nov. 22, 2017 in Town of Perry Court. The convicted was within 10 years of the crimes alleged in the current indictment.

Rajea S. Thomas is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on April 30 that Thomas, while at a residence on Thomas Avenue in the City of Batavia, violated an order of protection with the intent to harass, annoy, threaten or alarm a person protected by the order, by striking, shoving, kicking or otherwise subjecting the person to physical contact, or he threatened to do so. In count two, Rajea is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by allegedly applying pressure to the neck or throat of the victim. In count three, the defendant is accused of attempted criminal mischief in the fourth degree, a Class B misdemeanor. It is alleged in count three that Rajea on that day prevented, or attempted to prevent, the victim from communicating a request for emergency assistance.

Timothy M. Tundo, 57, of Linden Road, Bethany, was arrested Tuesday after an execution of a search warrant by the Local Drug Task Force that allegedly uncovered machine guns, LSD, and money.

The Sheriff's Office reports that besides the LSD, in an amount that suggests it was being sold, they also found marijuana.  

Weapons recovered include an AR-15 style pistol, declared a "ghost gun" (unmarked and unregistered), two fully automatic machine guns, and five assault-style weapons. They also recovered 10 high-capacity magazines, an ammo belt, and brass knuckles.

Tundo is charged with criminal possession of a controlled substance, 5th, two counts of criminal possession of a weapon, 2nd, 12 counts of criminal possession of a weapon, 3rd, criminal possession of an assault weapon, 3rd, criminal possession of a weapon, 4th, and criminal possession of marijuana, 2nd.

The suspect is being held in the Genesee County Jail in lieu of bail (unspecified).

The task force was assisted by uniformed deputies, State Police VGNET, State Police SORT, State Police CCERT, and the District Attorney's Office.

Steven Luigi Maltese, 51, of Clinton Street Road, Bergen, is charged with third-degree menacing and endangering the welfare of a child. At 4:05 p.m. on Feb. 19, deputies responded to the 4000 block of South Main Street in the Town of Batavia for a reported domestic incident. After an investigation, Maltese was arrested for allegedly threatening a female victim in the presence of a juvenile during a domestic dispute. He was arraigned in Genesee County Court and is due back there on April 5. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Benjamin J. Lathan, 20, and Brandon C. Lewis, 20, both of Bergen (no addresses provided) were arrested Feb. 21 by State Police out of the Amity Barracks and charged with petit larceny and trespass. Troopers investigating the January theft of three trail cameras from a property on Streeter Brook Road in the Town of Genesee allegedly determined both men were involved in the theft of the cameras. Both were arrested and released with appearance tickets for Genesee Town Court, where they are due to appear in March.

Will R. Thompson, 21, of Byron (no address provided), was arrested on Feb. 14 by a Wyoming County Sheriff's deputy and charged with having an uninspected motor vehicle and aggravated unlicensed operation of a motor vehicle in the third degree. At 3:22 p.m. that day Deputy Austin Harding was patrolling northbound on South Main Street in the Village of Perry, when he observed a gray pickup truck southbound with a 2020 inspection sticker on the front windshield. Harding conducted a traffic stop near Camp Road and a DMV data check found the inspection sticker expired Nov. 30 and that Thompson's license was suspended twice for failure to answer a summons in the Town of Hastings Court on Feb. 8. Thompson was proceseed roadside, then released with an appearance ticket to appear in Village of Perry Court at a later date.

Antonio Diego Dames, 45, of Farnsworth Avenue, Oakfield, is charged with criminal possession of a weapon marijuana in the fourth degree. At 2:29 p.m. on Feb. 22, Genesee County Sheriffs deputies responded to a residence on Farnsworth Avenue in the Village of Oakfield to assist the county Probatation Department. After an investigation, Dames was arrested for allegedly possessing more than two ounces of marijuana. He was issued an appearance ticket and is due in Oakfield Town Court on April 5. The case was handled by Deputy Erik Andre. CORRECTION: This item initially, and mistakenly, used the word "weapon" instead of "marijuana" in the criminal charge. The Batavian regrets the error.

A Batavia resident accused of attempted murder could be the first defendant to face an in-person trial in Genesee County since the start of the pandemic a year ago.

Jacob Sponaugle, 22, being held in the Genesee County Jail, made a virtual appearance today while the attorneys in the case informed Judge Charles Zambito they had no oral arguments to make in motions they've filed in the case.

Zambito will read their motion papers -- standard pretrial motions -- and issue a ruling in a few weeks.

He scheduled an in-person appearance for Sponaugle at 9:30 a.m., April 12. The judge noted that it is likely -- since Sponaugle is being held in custody -- that of all the pending potential trial cases, his could be the first in County Court since the coronavirus outbreak.

April 12 will be the plea cut-off date for Sponaugle, though District Attorney Lawrence Friedman said after today's hearing that he has yet to make a plea offer in the case. He didn't indicate whether he would or not.

Sponaugle is accused of shooting a person entering the lobby of the Days Inn in Batavia in July.

He is also charged with: assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

Video below, coverage of the July 22 incident.

A Batavia man is going to serve at least a year in prison for a violation of probation but his fate on rape charges remains pending.

While held in the Genesee County Jail, Justin T. Gladney, 30, appeared virtually in County Court today on his violation of probation conviction.

His appearance on his rape charges was continued until March 23, when all parties are expected to appear in person.

Nearly a year ago, Gladney admitted to a violation of probation and according to District Attorney Lawrence Friedman, he's subsequently been arrested on other charges. Those arrests, Friedman argued, meant Gladney had violated his sentencing cap offered to him for his guilty plea.

Instead of one to three years, Friedman said, he should get one and a third to four years.

Gladney was arrested locally in June 2020 and later in Monroe County.

His attorney, Marty Anderson, argued that Gladney is facing allegations from those arrests and hasn't been convicted. He asked for a one-year local sentence on the felony violation of probation conviction.

Gladney blamed his prior bad behavior on drug use and said he has been through treatment and is a changed man.

Judge Charles Zambito agreed with Friedman and sentenced Gladney to one and a third to four years in state prison.

Gladney is facing a criminal indictment on counts of first-degree rape, a Class B violent felony, third-degree rape, a Class D felony, and possession of a sexual performance by a child, a Class E felony.

A Class B violent felony carries a possible sentence of five to 25 years.

He is accused of a violent rape in early June on Lehigh Avenue, Batavia, of sexual intercourse while being older than 18 with a child 15 or less. 

Gladney remains in custody locally while his rape charges are pending.

Jose Alfredo Cruz, 44, of South Pearl Street, Oakfield, is charged with second-degree menacing and second-degree harassment. At midnight on Feb. 20, Cruz was arrested after a domestic incident. It is alleged he menaced a person and made threats to harm himself. Cruz was arraigned virtually at Genesee County Jail on behalf of Town of Oakfield Court. He is due in GC court on April 5. The case was handled by Deputy Nicholas Chamoun, assisted by Deputy David Moore.

Rodney Lee Harmon Jr., 44, of Church Street, Elba, is charged with criminal possession of a controlled substance in the seventh degree. Harmon was arrested at 12:30 p.m. on Feb. 19 after allegedly being found in possession of oxycodone hydrochloride when a probation officer visited his home. He was released with an appearance ticket and is due in Elba Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Tristan Michael Vaughn, 22, of Richley Road, Darien, is charged with: driving while intoxicated -- first offense; operating a motor vehicle while having a BAC of .08 percent or more -- first offense; unregistered motor vehicle; moving from lane unsafely. Vaughn was arrested at 6:27 p.m. Feb. 20 on Attica Road in Darien after his vehicle was located off the roadway. He was released with appearance tickets and is due in Darien Town Court on March 16. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

Wayne Daniel Potter, 37, of Main Street, Batavia, is charged with second-degree assault. At 3:13 p.m. on Feb. 16, members of the Genesee County Sheriff's Office conducted an investigation into an assault on an inmate that occurred in the Genesee County Jail in the City of Batavia. It is alleged that Potter punched another inmate in the face, causing physical injury, while incarcerated at the jail. Potter was arraigned in city court and is due back there on Feb. 25. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Norman E. Bastedo, 46, of Batavia (no address provided), was arrested at 10:45 p.m. Feb. 18 by Troopers out of NYSP Warsaw Barracks. He is charged with driving while intoxicated, aggravated DWI, and moving from lane unsafely. Bastedo was located on East Bethany Road in the Town of Middlebury after he drove off the roadway into a snow embankment. After allegedly failing multiple field sobriety tests, he was arrrested and taken to the Warsaw Barracks for processing. His BAC was allegedly .21 percent. He was issued traffic tickets and is due in Town of Middlebury Court next month.

Justine Danae Wood, 34, of Washington Avenue, Batavia, is charged with petit larceny. On Feb. 15 at 9:52 p.m. Genesee County Sheriff's deputies responded to Walmart in Batavia for a larceny complaint. Following an investigation, Wood was arrested. It is alleged that the defendant stole $130.13 worth of merchandise from the store, passing all points of purchase. Wood is due in Town of Batavia Court on April 15. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with: petit larceny; menacing a police officer; and criminal possession of a weapon in the fourth degree. Lyons was arrested on Feb. 5 following an investigation of a larceny that occurred at 5:37 p.m. that day at the Kwik Fill on Jackson Street in the city. When confronted by law enforcement, Lyons allegedly brandished a knife toward a police officer. She was arrainged in city court and was due there on Feb. 10. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Mitchell Cowen.

Lucas H. Benjamin, 69, of Bank Street, Batavia, is charged with forcible touching. He was arrested at about 2:20 p.m. on Jan. 28 after allegedly inappropriately touching an employee at a business on Bank Street in the city. He was issued an appearance ticket to be in Batavia City Court on March 9. The case was handled by Batavia Police Officer Miah Stevens.

Jason L. Jones, 49, of 76 Road, Brooktondale, is charged with: trespass; first-degree reckless endangerment; second-degree assault; and operating a vehicle with suspended registration. On Feb. 8, Jones was located on Jefferson Avenue in the City of Batavia and taken into custody without incident on an arrest warrant out of city colurt. The warrant stems from an incident on Dewey Avenue in Batavia that occurred at 5:25 a.m. Dec. 16. It is alleged that Jones struck a female with his vehicle during a domestic incident, causing injury to the victim. Jones was arraigned and put in jail on $2,000 cash bail or $4,000 bond or $8,000 partially secured bond. Jones is due in city court March 11. The case was handled by Batavia Police Officer Felicia DeGroot.

Alexander L. Baldwin, 32, of East Main Street, Batavia, is charged with third-degree grand larceny. He was arrested Feb. 8 after a fraud complaint on North Street in the city alleging that he was paid money for a construction job he never began. He was arraigned in Batavia City Court, released under supervision of Genesee Justice and is due back in court April 15. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

James Erick James, 41, of West Creek Drive, Webster, is charged with endangering the welfare of a child and second-degree harassment. He was arrested Feb. 12 on a warrant out of Town of Bergen Court and transported to Genesee County Court for virtual arraignment. His case stems from an incident (unspecified) that occurred at 4:43 p.m. on Dec. 14 on Route 33 in Bergen. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

Daniel Myles Macleod, 33, of East Main Street, Corfu, is charged with: aggravated driving while intoxicated; aggravated unlicensed operation in the first degree; driving while intoxicated -- with a previous offense; circumventing a required ignition interlock device; refusal to take a breath test; speed not reasonable and prudent; and operating an unregistered motorcycle. Macleod was arrested Feb. 13 at 4:22 p.m. after an investigation of a  motor-vehicle accident that occurred at 5:45 p.m. Nov. 27 on Alleghany Road in Darien. Macleod was issued traffic tickets and is due in Town of Darien Court on April 6. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Krzemien.

Patrick Thomas Fuhr, 61, of Union Street, Cheektowaga, is charged with: reckless driving; obstructing governmental administration in the second degree; failure to signal, operating an unregistered motor vehicle on a public highway; and aggravated unlicensed operation in the second degree. At 4 p.m. on Jan. 29, Genesee County Sheriff's deputies attempted to contact Fuhr on Buffalo Road in Bergen, and he allegedly tried to flee the scene once they made contact. He is due in Bergen Town Court on March 3. The case was handled by Deputy Ryan Young.

Brandon C. Smart, 43, of Highland Park, Batavia, is charged with: harassment in the second degree; criminal trespass in the second degree; and criminal mischief in the fourth degree. Smart was arrested after a domestic incident on Liberty Street that occurred at 11:15 a.m. on Feb. 8. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due in city court on March 25. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Connor Borchert.

Shaun Marquise Dukes, 39, of Elba Street, Rochester, is charged with: aggravated unlicensed operator of a motor vehicle in the first degree; unregistered motor vehicle; and uninspected motor vehicle. On Feb. 12 Dukes was arrested at 8:43 a.m. on Route 33 in Stafford after a traffic stop. It is alleged that Dukes was operating a motor vehicle and had a revoked non-driver indentification card with 27 suspensions/revocations. Dukes was released with appearance tickets and is due in Stafford Town Court on March 16. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Randy L. Ridd, 63, of Williams Street, Batavia, is charged with petit larceny. He was arrested after an investigation of an incident that occurred at a business on East Main Street in Batavia at 11:28 a.m. on Feb. 7. It is alleged Ridd took laundry detergent pods from a store without paying for them. He was issued an appearance ticket to be in Batavia City Court on April 27. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Joshua Girvin.

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with petit larceny. She was arrested after an investigation of a larceny that occurred at 3:11 p.m. on Jan. 29 at the Kwik Fill on Jackson Street in the city. She was released with an appearance ticket to be in city court April 13. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Peter Post.

Cameron Jacob Sokolowski, 28, of River Street, Batavia, is charged with petit larceny. He was arrested Feb. 5 after a shoplifting complaint at a store on Veterans Memorial Drive in Batavia at 10:58 a.m. It is alleged he stole items from the store. He was taken to jail then released on an appearance ticket to be in Batavia Town Court on March 11. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Mathew Clor.