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Grand Jury: Man accused of attempted murder in stabbing on Lehigh Avenue in the city in August

By Billie Owens

Jamie A. Dutton is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Aug. 25 Dutton, while outside the city water filtration plant at 480 Lehigh Ave., intended to cause the death of a person, and tried to do so by stabbing the intended victim with a knife. In count two, Dutton is accused of first-degree assault, a Class B violent felony, for allegedly causing serious physical injury to a person by means of a dangerous instrument -- a knife. In count three, Dutton is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly knowingly possessing a dangerous knife. In Special Information filed by District Attorney Lawrence Friedman, Dutton is accused of having been convicted by criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. That conviction forms the basis for count three of the current indictment.

Devon A. Wright is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on March 2 Wright knowingly unlawfully entered the Valero Gas Station / Convenience Store on West Main Street in Batavia with the intent to commit a crime inside. In count two, Wright is accused of third-degree assault, a Class A misdemeanor, for allegedly entering the gas station that day with the intent to cause physical injury to another person. In count three, Wright is accused of fourth-degree criminal mischief, A Class A misdemeanor, for allegedly entering the gas station and intentionally damaging another person's property -- vaping oil and snack donuts. In count four, Wright is accused of resisting arrest, a Class A misdemeanor, for allegedly preventing or attempting to prevent a police officer from arresting him on March 12 on Central Avenue in the City of Batavia. In count five, he is accused of obstructing governmental administration, a Class A misdemeanor, for allegedly intentionally obstructing, impairing or perverting the administration of law March 12 on Central Avenue by means of intimidation, physical force or an unlawful act. In count six, Wright is accused of first-degree attempted assault, a Class C violent felony, for allegedly intentionally trying to cause serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on April 8 on Highland Park in Batavia In counts seven and eight, Wright is accused of two more counts of fourth-degree criminal mischief for allegedly intentionally damaging the property of another person on April 21 at the Batavia Police Department -- a spit hood, and a drop ceiling, respectively. In count nine, Wright is again accused of resisting arrest, on April 21 on Holland Avenue in the City of Batavia. In count 11, Wright is accused of second-degree harassment. It is alleged in count 11 that on April 21 on West Main Street that he subjected a Batavia police officer to physical contact or threatened to do so by saying "I got something for you bro." In count 12, Wright is accused of criminal sexual act in the second degree, a Class D violent felony. It is alleged in count 12 that on Nov. 26, that in the area of Montclair Avenue in the City of Batavia, that he -- being age 18 or older -- engaged in oral sexual conduct with a person under the age of 15. In count 13, Wright is accused of endangering the welfare of child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 -- the child who is the subject of count 12, who is 13 years old. In count 14, Wright is again accused of resisting arrest on Nov. 29 at the Batavia Police Department. In count 15, the defendant is again accused of obstructing governmental administration on April 29 at the Batavia Police Department.

Nateeka M. Gibson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Feb. 15 that she knowingly entered a building -- a residence on Washington Avenue in the City of Batavia --unlawfully with the intent to commit a crime. In count two, Gibson is accused of third-degree robbery for allegedly forcibly stealing cash from a resident. In count three, Gibson is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing cash from a resident. In count four, the defendant is accused of second-degree harassment, for allegedly striking a person or subjecting a person to physical contact or threatening to do so. In count five, Gibson is accused of another count of second-degree burglary, for allegedly knowingly entering the same building unlawfully on Oct. 3 with the intent to commit a crime. In count six, Gibson is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count six that she knew a person was to be called as a witness in a legal proceeding and she attempted to get the person to avoid testifying. In count seven, Gibson is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying an order of protection issued Feb. 21 by Batavia City Court. It is alleged this was done Oct. 3 on Washington Avenue. In count eight, Gibson is accused of second-degree criminal contempt, again for allegedly entering a building unlawfully on Washington Avenue on Oct. 4. In count nine, Gibson is accused of criminal contempt in the second degree for allegedly intentionally disobeying a court order of protection on Washington Avenue on Oct. 4.

Luis A. Ramos-Mercado is indicted for the crime of second-degree menacing, a Class A misdemeanor. It is alleged that on Jan. 30, 2019, on East Main Street in the City of Batavia, that Ramos-Mercado intentionally placed a person in reasonable fear of physical injury, serious physical injury or death, or attempted to do so, by displaying a dangerous instrument -- a knife. In count two, Ramos-Mercado is accused of first-degree attempted burglary, a Class C violent felony. It is alleged in count two that the defendant on the same day knowingly attempted to enter a dwelling on East Main Street with the intent to commit a crime and did so when using or threatening to use a dangerous instrument -- a knife. In count three, Ramos-Mercado is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that the defendant on that day possessed a dangerous instrument -- a knife -- intending to use it against a person. In count four, the defendant is accused of second-degree assault, a Class D violent felony.  It is alleged in count four that Ramos-Mercado, on June 6 on Ellicott Avenue in the City of Batavia, in the course of commiting a felony, caused physical injury to the same victim. In count five, he is accused of second-degree strangulation, a Class D violent felony, during the June 6 incident on Ellicott Avenue. In count six, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count six that on June 6th he acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less that 17 years old. In count seven, the defendant is accused of first-degree burglary, a Class B violent felony, for allegedly intentionally entering a dwelling June 6 to commit a crime and causing physical injury to the same victim. In count eight, he is accused of criminal contempt in the first degree, a Class E felony, for intentionally violating an order of protection by allegedly harassing, annoying, threatening or alarming the same victim and subjecting the victim to physical contact. In count nine, Ramos-Mercado is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing property from the victim that had a value exceeding $1,000. In count 10, he is accused of second-degree attempted assault, a Class E felony, for allegedly intentionally causing serious physical injury to the victim. In Special Information filed by District Attorney Lawrence Friedman, Ramos-Mercado is accused of having been convicted of the crime of falsifying business records in the first degree, a Class E felony. The conviction on Sept. 12, 2019 forms the basis for count three of the current indictment.

Isaac C. Floyd Jr. is indicted for the crime of criminal possession of a weapon in the third degree, a Class D violent felony. It is alleged that on July 26 on State Street in the City of Batavia that Floyd possessed a dangerous instrument with the intent to use it against another -- a folding pocket knife. In count two, Floyd is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that Floyd intentionally placed a person in reasonable fear of physical injury, serious physical injury or death or attempted to do so by displaying a dangerous instrument -- a pocket folding knife. In count three, Floyd is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Floyd intentionally obstructed or impaired the administration of law or a public servant from performing an official function, or tried to do so, by means of intimidation, physical force or an unlawful act. In Special Information filed by District Attorney Lawrence Friedman, Floyd is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 30, 2008 in City of Batavia Court. That conviction forms the basis for count one of the current indictment.

Jeffrey M. Johnson is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on April 29 on North Spruce Street in the City of Batavia that Johnson possessed a dangerous instrument -- a knife, with the intent of using it against a person. In count two, Johnson is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day, he intentionally placed a victim in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, he is accused of criminal obstruction of breathing or blood circulation, by applying pressure that day to the neck or throat of the victim. In count four, Johnson is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to by injurious to the physical, mental or moral welfare of a child less than 17 years old. In Special Information filed by District Attorney Lawrence Friedman, the defendant is accused of having been convicted of the crime of possession of contraband in prison in the second degree, a Class A misdemeanor. That conviction forms the basis for count one of the current indictment.

Laytefa A. Franklin is indicted for the crime of endangering the welfare of an incompetent or physically disabled person in the first degree, a Class E felony. It is alleged that on Jan. 4 Franklin knowingly acted in a manner likely to  be injurious to the physical, mental or moral welfare of a person who was unable to care for themselves. In count two, Franklin is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count two that on Jan. 4 Franklin intentionally blocked the nose or mouth of a person who was unable to care for themselves.

Arielle S. Bevel is indicted for the crime of aggravated driving while ability impaired by drugs, as a Class E felony. It is alleged that on Feb. 10 on Route 33 in Bergen that Bevel drove a 2019 Nissan while her ability to do so was impaired by drug use and while she had a child age 15 or less in the vehicle.

Matthew I. Diers is indicted for the crime of failure to register, a Class D felony. It is alleged that in March, as a convicted sex offender, he failed to register with the NYS Division of Criminal Justice Services any change of address, internet accounts, internet access providers, etc. In this case, it is an email account. In Special Information filed by District Attorney Lawrence Friedman, Diers is accused of having been convicted of failure to register, as a Class E felony, on Aug. 28, 2018.

Joey A. Evans is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Dec. 3, 2017 in the City of Batavia that Evans stole a shotgun -- a Remington 870 shotgun.

Amanda A. Howard is indicted for the crime of criminal possession of stolen property in the fourth degree, Class E felony. It is alleged that on Sept. 1, 2019, while at an RV resort in Byron, Howard knowingly possessed stolen property -- a credit card belonging to another person. In count two, Howard is accused of the same crime -- possessing a credit card belonging to a second victim.

Law and Order: Batavia man accused of stealing from Kohl's then fleeing with child on a pair of bicycles

By Billie Owens

Jason Ray Anderson, 39, of Batavia (no address provided), is charged with petit larceny, possession of burglar tools, and endangering the welfare of a child. Anderson was arrested on Nov. 7 after allegedly stealing items from Kohl's department store on Veterans Memorial Drive. He is accused of fleeing the scene on a bicycle while having a 6-year-old child flee with him on a separate bicycle. He was issued a ticket to be in Batavia Town Court on Dec. 3. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Jacob Gauthier.

Shawn Philip Wolcott, 38, of South Main Street Road, Batavia, is charged with second-degree menacing and criminal possession of a weapon in the fourth degree. On Nov. 7 at 1:19 p.m. on South Main Street Road, Wolcott was arrested after allegedly possessing a curved knife blade and menacing a victim, causing fear of physical injury. He was held in Genesee County jail until his arraignment at 7 p.m. The case was handled by Batavia Police Officer Jacob Gauthier.

Salvatore Paul Scarlata, 36, of Ladue Road, Sweden, is charged with disobeying a court mandate. He was arrested Nov. 5 on an arrest warrant for second-degree criminal contempt. It is alleged that at 11:55 a.m. on Oct. 10 on Main Road in Stafford that Scarlata violated an order of protection. The defendant is accused of fleeing the scene before responding patrols arrived, and an arrest warrant was issued. He was arraigned then given a return date of Nov. 12 for Stafford Town Court. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Tyler John Griffin, 20, of Amherst, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI -- first offense; moving from lane unsafely; and speed not reasonable and prudent. Griffin was arrested following a rollover acccident on East Road in the Town of Bethany at 12:06 a.m. on Nov. 7. Griffin was issued an appearance ticket and is due in Town of Bethany Court on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy David Moore.

Lawrence Donnell Williams Sr., 60, of Ross Street, Batavia, is charged with criminal possession of a forged instrument in the second degree, a Class D felony. On Oct. 6, the Genesee County Sheriff's Office received a report of a counterfeit $100 bill at a store on Veterans Memorial Drive. Following an investigation, it is alleged that Williams knowingly presented the money as if it were real U.S. currency to pay for a transaction at the store at 12:12 p.m. on Oct. 4. He was arrested, arraigned virtually in Genesee County Court, then released on his own recognizance. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Sheriff's Investigator Kevin Forsyth.

Katherine Jeanne Briggs, 41, of South Main Street, Batavia is charged with criminal possession of stolen property in the fifth degree and possession of switched license plates. At 12:49 p.m. on Nov. 6, a Genesee County Sheriff's patrol car equipped with a license plate reader received an alert of a stolen license plate. The status of the suspected stolen plate was allegedly confirmed through a registration check and the motor vehicle was stopped on Route 33 in the Town of Stafford. Briggs was identified as the operator of the vehicle. She was transported to Genesee County jail for processing and photographs and released with a ticket to appear in Stafford Town Court on Dec. 2. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Robert Henning.

Benjamin Gobe Evans IV, 32, of Federal Drive, Batavia, is charged with third-degree criminal trespass. At 4:35 p.m. on Nov. 6 on Federal Drive, Evans was arrested after allegedly going to a gas station where he is no longer allowed. He was released with a ticket to be in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Nicholas Chamoun.

Joey Aaron Evans, 30, of State Street, Batavia, is charged with third-degree criminal trespass. At 4:35 p.m. on Nov. 6 on Park Road, Batavia, Evans was arrested after allegedly going to the Citgo gas station where he is no longer allowed. He was released with a ticket to be in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Kyle Krzemien.

Law and Order: River Street woman accused of selling crack cocaine twice to Drug Task Force agent

By Billie Owens

Jennifer M. Moore, 35, of River Street, Batavia, is charged with: two counts of criminal sale of a controlled substance in the third degree, a Class B felony; and two counts of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that Moore sold crack cocaine to an agent of the Genesee County Local Drug Task Force on two separate occasions. Moore, who had an active arrest warrant, was located sitting in a vehicle that was parked in a parking lot on Park Road in the Town of Batavia, where she was taken into custody. She was also allegedly in possession of crack cocaine at the time of her arrest. Moore was arraigned in Genesee County Court and released under the supervision of Genesee Justice. The task force is comprised of law enforcement officers from the Genesee County Sheriff's Office, the Batavia Police Department, and the Village of Le Roy Police Department. The task force was assisted by deputies and the District Attorney's Office.

James O. Weathers, 47, of Teralta Street, Rochester, and Ayeola N. Williams, 46, of East Path Rise, West Henrietta, were arrested on Oct. 31 on Route 33 in the Town of Stafford. At 12:38 a.m., Genesee County Sheriff's Deputy David Moore was on patrol in a marked Sheriff's vehicle and stopped their vehicle after observing a traffic violation. Williams was the driver and was put through field sobriety tests, which she allegedly failed. Further investigation and a vehicle search allegedly found marijuana and a loaded firearm. She is charged with: criminal possession of a weapon in the second degree -- a loaded firearm, which is a Class C felony; driving while ability impaired by alcohol, a violation; speeding -- over 55 mph, a violation; and operating a motor vehicle while having an open container of an alcoholic beverage in the vehicle. Her passenger, Weathers, is charged with unlawful possession of marijuana in the second degree and criminal possession of a weapon in the second degree, too. The District Attorney was consulted for bail recommendations and the defendants were arraigned by Town of Alabama Judge Pamela Thurber via Skype due to COVID-19 protocols. Both were then put in jail with Williams bail set at $1,000 cash or bond; Weathers' bail was set at $15,000 cash or $30,000 bond. The case was investigated by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Charlene Rae Cook, 31, of Liberty Street, Batavia, is charged with second-degree harassment, resisting arrest and second-degree criminal contempt. Cook was arrested after a domestic incident at 1:10 p.m. Oct. 25 on Liberty Street for allegedly violating an order of protection. She was arraigned in Batavia City Court and put in jail on $5,000 cash bail, $10,000 bond, or $20,000 partially secured bond. She was due to return to city court on Oct. 28. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Nicole McGinnis.

Kevin Maurice McCoy, 54, of East Main Street, Batavia, is charged with second-degree criminal contempt and failure to appear in court as ordered. At 7:54 p.m. on Oct. 31, McCoy was arrested after allegedly violating a stay away order of protection by being in the presence of the protected party on East Main Street. There was also an arrest warrant for him out of Batavia City Court. McCoy was arraigned in Batavia City Court and put in jail, with bail set at $1,500 cash, $3,000 bond or $6,000 partially secured bond. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Samuel Freeman.

Brandon C. Dodd, 33, of Highland Park, Batavia, is charged with fourth-degree grand larceny -- theft of a motor vehicle; and unauthorized use of a motor vehicle. At about 1 a.m. on Nov. 1, Dodd was arrested after the theft of a motor vehicle at a residence on Highland Park. He was arraigned in Batavia City Court via Skype and is due there on Nov. 10. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

Mathew Ray Albaugh, 35, of Townline Road, Bergen, is charged with driving while intoxicated and speeding -- exceeding 55 mph. At 1:42 a.m. on Nov. 1, Albaugh was arrested on Townline Road in Bergen after a traffic stop for speeding. It is alleged he was driving over 55 mph while having a BAC of .08 or more. He was released on an appearance ticket to be in Bergen Town Court on Nov. 11. The case was handled by Genesee County Sheriff's Deputy David Moore.

Kristen Elizabeth Sekuterski, 34, of Orleans Avenue, Batavia, is charged with operating a motor vehicle while impaired by drugs -- first offense; and criminal possession of a controlled substance in the seventh degree. Following a "check-the-welfare complaint" at 10:04 a.m. Oct. 30 on Alleghany Road in the Town of Pembroke, Sekuterski was arrested. She was released on an appearance ticket and is due in Pembroke Town Court on Nov. 19. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Ryan DeLong.

Justin D. McQuillen, 32, of Freeman Road, Byron, is charged with: driving while intoxicated -- with a BAC of .08 percent or more; DWI -- common law; and speeding. McQuillen was arrested Oct. 31 on Oak Street after allegedly being observed speeding at 8:52 p.m. He was released on appearance tickets and is due in Batavia City Court on Feb. 3. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Benjamin G. Evans IV, 32, of Federal Drive, Batavia, is charged with second-degree criminal contempt. He was arrested Oct. 30 after allegedly not following court mandate on Oct. 19. Evans was issued an appearance ticket to be in Batavia City Court on Nov. 10. The case was handled by Genesee County Sheriff's Deputy  Jacob Gauthier, assisted by Kenneth Quackenbush.

Tricia Marie Ruth Martinez, 27, of Lake Street, Le Roy, is charged with petit larceny. She was arrested after allegedly agreeing to purchase a Halloween costume from the victim and then taking the costume without paying for it at 5 p.m. Oct. 30 on Colby Road in Darien. Martinez was issued a ticket to appear in Darien Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Walter Tomlin Snell, 32, of Byron Holley Road, Byron, is charged with failure to appear. He was arrested Oct. 26 when located by Genesee County Probation after allegedly failing to appear in court as scheduled. He was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court Nov. 18. The case was handled by Batavia Police Officer Felicia DeGroot.

Law and Order: Man accused of driving wrong way on one-way street charged with pair of felony DWIs

By Billie Owens

Glennder J. Velez, 24, of Moulson Street, Rochester, is charged with: felony driving while intoxicated -- with a BAC greater than .08 percent; felony DWI -- common law; aggravated unlicensed operation in the first degree; driving in the wrong direction on a one-way street; operating a motor vehicle without an ignition interlock device. Velez was arrested at 8:14 p.m. on Oct. 23 on North Spruce Street in the city following a traffic stop. He was processed by Batavia police and is due in Batavia City Court on Jan. 6. The case was handled by Batavia Police Officer Cowen Mitchell, assisted by Officer Adam Tucker.

Joel Morales Cruz, 46, of Swan Street, Batavia is charged with: speeding; illegal turn signal -- made less than 100 feet from turn; failure to notify a change of home address; driving while intoxicated -- first offense; and operation of a motor vehicle while having a BAC of .08 percent or more. Batavia Police Officer Nicole McGinnis stopped Morales Cruz for allegedly speeding on Oak Street in Batavia at 4:38 a.m. Oct. 25. He was put through field sobriety tests, resulting in his arrested. He was processed then released with an appearance ticket for Jan. 26 in Batavia City Court. Batavia Police Officer Connor Borchert assisted in the case.

Russell J. Hamilton, 30, of Myrtle Street, Le Roy, was arrested and charged with second-degree criminal contempt on Oct. 26. The arrest follows an investigation of a violation of an order of protection that occurred at 1:19 p.m. on Oct. 21, when Hamilton allegedly sent the protected party a text message. He was released with an appearance ticket returnable to Batavia City Court on Jan. 26. Batavia Police Officer Sean Wilson handled the case.

Donald V. Notaro Jr., 22, of Deumant Terrace, Tonawanda, is charged with operating a motor vehicle while impaired by drugs -- first offense, and operating a motor vehicle with an inadequate headlight. Notaro was arrested after a traffic stop on East Main Street in Batavia at 11:45 p.m. on July 3. He was processed at Batavia Police Department and issued traffic tickets to be in Batavia City Court on Jan. 26. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Joshua Girvin.

Russell J. Hamilton, 30, of Myrtle Street, Le Roy, is charged with second-degree criminal contempt. At 4:58 p.m. on Oct. 26, Hamilton was arrested after an investigation allegedly revealed he violated a stay away order of protection by being at the the protected person's home on Dellinger Avenue in Batavia. He was arraigned in Batavia City Court and put in jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Jamie L. Soto, 45, of West Main Street, Batavia, is charged with first-degree criminal contempt. Soto was arrested at 3:19 p.m. on Oct. 25 after an investigation revealed Soto violated a stay away order of protection by allegedly having physical contact with the protected party. Soto was arraigned in Batavia City Court and jailed without bail. The case was handled by Batavia Police Officer John Gombos, assisted by Sgt. Dan Coffey.

Rosemary R. Waters, 34, of East Main Street, Batavia, is charged with having an unregistered motor vehicle and driving while ability impaired by drugs. Waters was arrested on Dellinger Avenue in the City of Batavia at 3:23 a.m. on Aug. 17. She is due in Batavia City Court on Jan. 20. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer John Gombos.

Jose Garcia, 35, of South Main Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested after an investigation of an incident that occurred at 10:19 a.m. on Oct. 23 on South Main Street. Garcia is accused of kicking and damaging the front door of a residence. He was issued an appearance ticket then released. He is due in Batavia City Court on Nov. 10. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Kevin DeFelice.

Brandon C. Dodd, 33, of Highland Park, Batavia, is accused of petit larceny. He was arrested Oct. 23 following an investigation of a larceny that occurred at 2:56 p.m. on Oct. 19 at Tops Friendly Market in Batavia. Dodd was released with an appearance ticket for Jan. 12 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Freeman Samuel.

Be Aware: Counterfeit small denomination bills passed at local businesses

By Press Release

Press release:

The City of Batavia Police Department has been made aware of small denomination counterfeit bills being passed at local businesses. The Batavia Police Department is reminding everyone to check their money carefully.

If you feel that you may be victim in receiving counterfeit bills, please report it to the Police Department at (585) 345-6350.

A few simple items to check for on U.S. currency that are hard to recreate on counterfeit bills:

  • Color Shifting Ink -- the bill denomination on the bottom right hand corner has the right color shifting ink.
  • Raised Printing -- To detect raised printing, take your fingernail and run it carefully down the collar/jacket. You should feel some vibration on your nail from the ridges.
  • Blurry Borders/printing/text -- significantly blurry borders, printing, or text, it is an automatic red flag.
  • Red & Blue Threads -- If you take a close look at an authentic bill, you will see that there are small red and blue threads woven in and out within the fabric of the bill.
  • Watermark -- In many of the new bills, the watermark is actually a replica of the face on the bill.

Information on the current counterfeit cases is not being release at this time due to the ongoing investigation.

Law and Order: Parolee jailed, accused of striking person in face multiple times in front of a child

By Billie Owens

Jon Hoyt Bush, 37, of Walnut Street, Batavia, is charged with third-degree assault and endangering the welfare of a child. On Oct. 16 Batavia Police Officer Peter Post responded to a residence on Oak Street in Batavia and arrested Bush following a domestic incident. It is alleged that earlier that day at 5:38 a.m., Bush struck a person in the face multiple times causing injury while in the presence of a child. Bush as arraigned in Batavia City Court at 3:15 p.m. and put in jail on a parole warrant. He is due to return to city court on Nov. 18.

Christopher Connor Good, 19, of Cohocton Road, Corfu, is charged with first-degree burglary. On Oct. 20, Good was arrested after an investigation. It is alleged that he unlawfully entered another person's home on Liberty Street in Batavia at 1:34 p.m. on Oct. 20 and caused physical injury to that person. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. An order of protection was issued to protect the victims. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Nicole McGinnis.

Katie L. Wannemacher, 31, of Trumbull Parkway, Batavia, is charged with endangering the welfare of a child, second-degree harassment, and criminal obstruction of breathing. She was arrested on Oct. 17 following an investigation of an incident at 2:30 p.m. on Oct. 17 on Trumbull Parkway in which she allegedly choked someone in front of two children. She was arraigned in Batavia City Court and released on her own recognizance. She is due back in court on Dec. 2. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Sean Michael Keem, 40, of Bank Street, Batavia, is charged with second-degree harassment -- with physical contact. Keem was arrested after Batavia Police officers Austin Hedges and Wesley Rissinger responded to a disturbance on Bank Street in Batavia at 8:27 p.m. Oct. 17. After an investigation, Keem was arrested for allegedly striking another person. He was released on an appearance ticket to be in Batavia City Court on Jan. 20.

Darrin Mitchell Brown, 31, of West State Street, Albion, is charged with possession of a hypodermic instrument. He was arrested after allegedly being found in possession of several hypodermic needles at on Oct. 19 during the course of a larceny investigation at 6:16 p.m. at the Speedway gas station and convenience store on West Main Street in Batavia. He was issued an appearance ticket to be in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Christopher Lindsay.

Marcella F. Greene, 36, of Pleasant Valley Road, Bliss, is charged with criminal possession of a needle and criminal use of drug paraphernalia. On Oct. 19, Greene was arrested after an investigation into a larceny at 6:51 p.m. at the Speedway gas station and convenience store on West Main Street in Batavia. Greene was issued an appearance ticket and is due in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Thomas James Sine, 52, of Main Road, Stafford, is charged with aggravated second-degree harassment -- communication of a threat via phone or computer or mail. On Oct. 24 at 10 p.m. Sine was arrested after allegedly having unwanted contact with a person on West Bergen Road in Le Roy and making threats via cell phone. He was arraigned in Le Roy Town Court and is due to return there Dec. 14. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Shante M. Griffin, 28, of Fisher Park, Batavia, is charged with owning an unlicensed dog. Griffin was arrested on Oct. 15 for having an unlicensed dog in an upper apartment on Fisher Park on Sept. 25. Griffin was issued an appearance ticket and is due in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Christopher Lindsay.

Andre L. Roberts, 28, of Burrows Street, Rochester, was arrested Oct. 21 on a bench warrant out of Batavia City Court. He allegedly failed to appear as required on Sept.15, prompting the warrant to be issued. Roberts was processed at Batavia Police Headquarters and released on an appearance ticket to be in court Oct. 22. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Christopher Lindsay.

Amanda S. Dombrowski, 37, of Versailles Road, North Evans, is charged with failure to appear. Dombrowski was arrested on Oct. 15 on a bench warrant out of Batavia City Court. It is alleged she failed to appear in court as required on Aug. 3. Following arraignment, she was released on her own recognizance and is due back in city court on Oct. 28. The case was handled by Batavia Police Officer Stephen Cronmiller.

Grand Jury: Man accused of possessing handgun, cocaine and meth while on school property

By Billie Owens

Denzell A. Johnson is indicted for the crime of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Jan. 30 Johnson possessed a loaded firearm -- a SCCY CPX-2 9-mm handgun. In count two, he is accused of criminal possession of a weapon in the third degree, a Class D felony. In count three, Johnson is accused of criminal possession of a weapon on school grounds, a Class E felony. It is alleged in count three that on Jan. 30 he had the handgun while at Jackson Elementary School without written authorization of the educational institution. In count four, Johson is accused of criminal possession of a firearm, a Class E felony. In counts five and six, respectively, the defendant is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing cocaine and methamphetamine that day. In count seven, Johnson is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count seven that he knowingly possessed gelatin capsules, glassine envelopes, vials or capsules or other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drugs or stimulants. In count eight, Johnson is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count eight that the defendant failed and refused to stop the vehicle he was operating when directed to do so by a Genesee County Sheriff's deputy, then fled on foot from his vehicle in an attempt to prevent the deputy from performing an official function as a police officer. In count nine, Johnson is accused of unlawfully fleeing a police officer in a motor vehicle in third degree, a Class A misdemeanor. It is alleged in count nine that Johnson, knowing he had been directed by a uniformed police officer or marked police vehicle with activated lights or lights and sirens, attempted to flee by engaging in reckless driving. In count 10, Johnson is accused of reckless driving, a misdemeanor, by driving a 2006 Dodge on a public roadway Jan. 30 in a manner that unreasonably interfered with its free and proper use, or unreasonably endangered users of the roadway. In count 11, the defendant is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for driving while his privilege to do so was suspended by authorities. In count 12, Johnson is accused of unlicensed operation of a motor vehicle, a violation, for driving without being duly licensed to do so. In count 13, Johnson is accused of knowingly using, possessing or displaying an imitation or counterfeit official certificate of inspection for the 2006 Dodge. In Special Information filed by District Attorney Lawrence Friedman, Johnson is accused of having been convicted of the crime of unauthorized use of a vehicle in third degree, a Class A misdemeanor, on March 2, 2015 in Town of Brighton Court and that conviction forms the basis for count two of the current indictment.

Donald Brown is indicted for the crime of third-degree criminal possession of a controlled substance, a Class B felony. It is alleged that on Aug. 12 that Brown knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Brown is accused of the same crime for allegedly also possessing fentanyl with intent to sell it. In count three, the defendant is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug -- cocaine -- and these had an aggregate weight of one-eighth of an ounce or more. In count four, Brown is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count four that Brown knowingly and unlawfully possessed a controlled substance -- suboxone. In count five, he is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count five that he knowingly possessed gelatin capsules, glassine envelopes, vials or capsules or other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drugs or stimulants. In count six, the defendant is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property.

Kahel Suttles Jr. and Ericka K. McBride are indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Feb. 23 in the Town of Batavia that they stole property valued in excess of $3,000 in merchandise from Target ($3,200.84). In count two, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly agreeing to intentionally commit a felony. In counts three and four, Suttles and McBride are accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly knowingly possessing stolen property -- clothing from Dick's Sporting Goods, and miscellaneous items from Marshalls. In count five, Suttles and McBride are accused of possession of burglar tools, another Class A misdemeanor. It is alleged in count five that they possessed tinfoil that they used to cover security tags to prevent sensors from being activated when merchandise was taken from the stores. In counts six and seven, the duo is accused of sixth-degree conspiracy, a Class B misdemeanor, for allegedly agreeing to steal property from Dick's Sporting Goods and Marshalls, respectively.

Kevin M. Waleski Jr. is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on June 26 Waleski knowingly unlawfully entered a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In counts two and three, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging property -- stairway spindles, and a door frame and lock, respectively. In count four, the defendant is accused of resisting arrest, another Class A misdemeanor, for allegedly attempting to prevent a police officer from arresting him or another person on the same day. In count five, Waleski is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for allegedly intentionally attempting to obstruct a public servant from performing an official function and did so by means of intimidation, physical force, interference or unlawful act.

Ov Murphy is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on April 10 Murphy knowingly entered a building unlawfully, a unit on Highland Park, City of Batavia, with the intent to commit a crime. In count two, Murphy is accused of the same crime while using or threatening to use a dangerous instrument -- a knife. In count three, Murphy is accused of second-degree attempted assault, a Class E felony, for intentionally causing physical injury to a person by means of a dangerous instrument, a knife, in the commission of a crime. In count four, Murphy is accused of second-degree menacing, a Class A misdemeanor, for intentionally placing or attempting to place another person in reasonable fear of physical injury by displaying a knife. In count five, Murphy is accused of criminal possession of a weapon in the third degree, a Class D felony, for possessing a dangerous knife with the intent of use it unlawfully against a person. In Special Information filed Genesee County District Attorney Lawrence Friedman, Murphy is accused of having been convicted of the crimes of: attempted rape in the third degree, a Class A misdemeanor, on July 23, 1998 in Batavia City Court; driving while intoxicated, as a misdemeanor, on Oct. 2, 2003 in Batavia Town Court; two counts of second-degree criminal contempt, a Class A misdemeanor, on March 31, 2006 in Batavia City Court; a third count of second-degree criminal contempt on March 6, 2007 in Batavia City Court; and sex offender failure to report change of address/status within 10 days, a Class A misdemeanor, on May 3, 2007 in Batavia City Court. The convictions form the basis of count five in the current indictment.

Eric H. Hess is indicted for the crime of tampering with physical evidence, a Class E felony. It is alleged that on Feb. 25 in the Town of Le Roy that, believing evidence was about to be produced and intending to prevent that, Hess acted to conceal, alter or destroy it by employing force, intimidation or deception. Hess is accused of tearing open a bag of cocaine and dumping its contents in the backseat and floor area of Genesee County Sheriff's Patrol Car 13. In count two, Hess is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly unlawfully possessing a controlled substance that day -- cocaine.

Nicholas C. Doell is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that sometime between Sept. 1 and 2, Doell knowingly and unlawfully entered a garage on Lippold Road in the Town of Darien with the intent to commit a crime. In count two, Doell is accused of unauthorized use of a motor vehicle, a Class D felony, for taking a 1957 Ford Thunderbird, knowing he did not have the owner's consent, with the intent of using it in the commission of a felony. In count three, Doell is accused of aggravated family offense, a Class E felony, for allegedly committing the crime of second-degree criminal contempt -- an offense against his family or household member, in violation of a valid stay away order of protection. In count four, Doell is accused of a second count of aggravated family offense for allegedly committing the crime of second-degree criminal contempt -- an offense against his family or household member, by intentionally disobeying a mandate of the court -- a valid stay away order of protection. In Special Information filed by District Attorney Lawrence Friedman, Doell is accused of having been convicted of second-degree criminal contempt and fourth-degree criminal mischief on Aug. 31 in Darien Town Court. Those crimes were committed against the same family or household and the convictions took place within the last five years, in violation of the time frame specified in NYS penal law (240.75(1)).

Albert A. Ackerman is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on July 15 at the Quality Inn and Suites Hotel on Park Road in the Town of Batavia that Ackerman violated a stay away order of protection. In Special Information filed by District Attorney Lawrence Friedman, Ackerman is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 31 in Livingston County Court and that conviction was within five years of the crime alleged in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Sept. 2 in the area of Hutchins Place in the City of Batavia that he possessed a billy (expandable baton). In Special Information filed by District Attorney Lawrence Friedman, McGill is accused of having been convicted of: attempted making a terroristic threat, a Class E felony, on Nov. 10, 2008 in Orleans County Court; third-degree menacing, a Class B misdemeanor, on Sept. 7, 2017 in Town of Shelby Court; and attempted petit larceny, a Class B misdemeanor, on June 13, 2018 in Town of Albion Court. The convictions form the basis for the current indictment.

Deborah A. Schlonski is indicted for the crime of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged that on March 16 Schlonski drove a 2005 Chevrolet on Griswold Road in the Town of Le Roy while knowing her privilege to drive was revoked by authorities and she did so while under the influence of alcohol or a drug. In count two, she is accused of driving that day on Griswold Road while ability impaired by drugs, a Class E felony. In Special Information filed by District Attorney Lawrence Friedman, Schlonski is accused of having been convicted of driving while intoxicated on March 14, 2019 in Town of Stafford Court. That conviction forms the basis for the revocation referred to in count one of the current indictment.

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 on Pearl Street Road in the Town of Batavia that Post drove a 2003 Chevrolet while under the influence of alcohol or a drug. In count two, Post is accused of driving while intoxicated, as a misdemeanor, on May 24. In count three, Post is accused of DWI per se, as a misdemeanor, for having a BAC of .08 percent or more that day. In count four, Post is accused of failure to keep right, a violation. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by the consumption of alcohol on June 18, 2018 in Coxsackie Town Court, Greene County, and that conviction forms the basis for the unlicensed operation referred to in count one of the current indictment.

Paul D. Hussey is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that on Oct. 24, 2019 Hussey did not appear in Genesee County Court in connection with a charge against him as required when he was released from custody or allowed to remain at liberty, either upon posting bail or on his own recognizance, upon condition that he would appear on the required date or voluntarily within 30 days thereafter.

Woman arrested on drug charges after traffic stop on Griswold Road, Le Roy

By Billie Owens

From the Genesee County Sheriff's Office:

Rachelle N. Laney (inset photo right), no age and address provided, is charged with two felonies, seven misdemeanors and two violations after Genesee County Sheriff's deputies stopped the vehicle she was driving on Griswold Road in the Town of Le Roy on Sept. 10.

At 5:17 that afternoon, she was allegedly was observed using an "illegal turn signal" -- a vehicle and traffic violation. During the course of the following investigation, a license check allegedly found she was driving while her privilege to do so in New York is revoked by authorities.

Based on information that arose from an interview with Laney, NYS Trooper Shawn Gourdine and his canine partner "Ash" were contacted and requested to the scene.

Ash was deployed by Trooper Gourdine, allegedly resulting in a positive alert for narcotics inside the vehicle. It is alleged that a quantity of suspected narcotics were located, including a powdered substance and prescription medication, along with drug paraphernalia.

The suspected narcotics were sent to a laboratory for testing, which found the powdered narcotics to be a fentanyl mixture and the prescription medications were confirmed to be controlled substances.

She is chanrged with: criminal possession of a controlled substance in the third degree, a Class B felony; criminal possession of a controlled substance in the fourth degree, a Class C felony; two counts of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor; three counts of criminally using drug paraphernalia, also a Class A misdemeanor; aggravated unlicensed operation in the second degree, an unclassified misdemeanor; aggravated unlicensed operation in the third degree, another unclassified misdemeanor; unlicensed operator -- a violation; and "illegal turn signal" -- a violation.

On Oct. 23, Laney was arrested and arraigned in Genesee County Court via Skype. In accordance with the NYS Bail Reform Law, the charges were not qualifying offenses so Laney was released on her own recognizance and is due to return to court at a later date.

Law and Order: Man accused of first-degree rape in three counties involving same victim

By Billie Owens

Nicholas Brian Turnquist(inset photo left) 35, of Reading Road, West Falls, is charged with first-degree rape. Turnquist was arrested Oct. 21 after a multi-county investigation into a series of sex offenses involving one victim, according to the Sheriff's Office, that occurred at various locations in Genesee, Wyoming and Erie counties. These included an incident that allegedly occurred at 11 p.m. Aug. 23 on Alleghany Road in Darien. He was arraigned virtually in Darien Town Court, then returned to Wyoming County Jail where he is being held without bail on related charges. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson.

Thomas Frederick Rudolph, 29, of Maple Road, Basom, is charged with driving while intoxicated and failure to signal. On Oct. 22 at 12:43 a.m., Rudolph was arrested after a traffic stop on Reynolds Road in the Town of Darien. Rudolph was released on an appearance ticket an is due to appear in Darien Town Court on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy David Moore.

Aurello Aragon-Figueroa, 41, of Chapel Road, Byron, is charged with third-degree grand larceny, a Class D felony, and offering a false instrument for filing, a Class E felony. He was arrested Oct. 21 after allegedly not reporting income that he was earning and filing applications, starting on Aug. 1, 2014, that were used to determine eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits without citing that income. As a result, it is alleged he received $9,321 in SNAP benefits that he was not entitled to. The case was investigated by Genesee County Department of Social Services Investigator Robert Riggi, and the arrest was made by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Le Roy woman accepts plea deal for illegally getting nearly $3K in SNAP benefits

By Press Release

From the Genesee County Department of Social Services:

Jillian Hupp, 30, of Le Roy, was sentenced to a one-year conditional discharge in Batavia Town Court on Tuesday, Oct. 20, after pleading guilty to one count of petit larceny.

An investigation by the Genesee County Department of Social Services allegedly revealed that Hupp failed to report that the father of her children was also residing in the home, and she failed to report his wages. Hupp subsequently received $2,776 in SNAP (Supplemental Nutrition Assistance Program) she was not entitled to.

She was originally charged with one count of fourth-degree grand larceny four counts of offering a false instrument for filing. Hupp accepted a plea deal to the reduced charge of petit larceny and was sentenced to the one-year conditional discharge, was also disqualified from receiving SNAP benefits for one year and has made full restitution to the Genesee County Department of Social Services.

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

Law and Order: Pair of DWI arrests

By Billie Owens

Cody Michael Donahue, 24, of Royce Road, Varysburg, is charged with: aggravated driving while intoxicated per se -- with a BAC of .18 percent or more; driving while intoxicated -- first offense; refusal to take a breath test; speeding -- exceeding 55 mph. At 2:28 a.m. on Oct. 17, Donahue was arrested after a traffic stop for a traffic violation on Alexander Road in Alexander. He was allegedly found to be intoxicated. Donahue was released on appearance tickets and is due in Alexander Town Court on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Sgt. Jason Saile.

Sarah Jane Scott, 39, of South Fitzhugh Street, Sodus Point, is charged with: driving while intoxicated with a BAC greater .08 percent; DWI; and no turn signal. At 10:17 p.m. on Dec. 9, Scott was arrested after a traffic stop for allegedly failing to use a turn signal when turning onto Clinton Street Road (Route 33) in Bergen. She was allegedly found to be intoxicated at the time. She was issued an appearance ticket and is due in Bergen Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Sgt. Andrew Hale.

Jhermero Darius Maxey, 29, of Robinson Road, Lockport, is charged with aggravated unlicensed operation of a motor vehicle in the second degree and speeding (65 in a 55-mph zone). At 10:19 p.m. Oct. 16, Maxey was arrested after a traffic stop on Lewiston Road in Alabama. He was issued traffic tickets and released on his own recognizance. He is due in Alabama Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig.

More arrests linked to smash-and-grab burglary ring operating in six counties

By Howard B. Owens

Monroe County Sheriff Todd Baxter at a press conference today said a smash-and-grab burglary ring is responsible for more than 30 burglaries in six counties, including Genesee County.

On Sept. 16, GC Sheriff's deputies arrested two people who Sheriff William Sheron said are apparently part of the ring.  

Taken into custody and held on bail after allegedly being caught in the act of burglarizing the Crosby's at 6257 Clinton Street Road in Batavia were Jennifer D. Abrams and Tarus O. Fluitt.

On Sept. 28, Kristina Marble, Jose Cruz-Rosado and Eric Smith were arrested in Monroe County following a gas station burglary in Victor.

They are believed to have committed similar crimes in Genesee County, and all five individuals are suspected of being part of the same ring, Sheron said.

Their modus operandi is to smash out doors and windows and steal cigarettes and other items.

Sheron released a list of seven such burglaries in Genesee County:

  • Aug. 16, Batavia Crosby's on Clinton Street Road. Troopers handled the case and details are not available at this time;
  • Sept. 2, Bergen C-Store, 8073 Clinton Street Road, Bergen. Approximately $3,500 in cigarettes stolen, $325 in damages;
  • Sept. 13, Byron Crosby's, 6890 Byron Holley Road, Byron. Approximately $5,500 in cigarettes stolen, $180 in lighters, and $1,130 in damage;
  • Sept. 13, Bergen C-Store, a 20-pound propane tank used to smash the front door; the burglars failed to gain entry. The damage estimate is $325;
  • Sept. 16, Le Roy Kwik Fill, 7010 W. Main St., Le Roy. Attempted burglary. Front door smashed with rocks but no entry. Estimated damage: $1,000. The subjects captured on video appear to be Abrams and Fluitt;
  • Sept. 16, Batavia Crosby's, the location where Abrams and Fluitt were captured;
  • Sept. 20, Pavilion Farms, 11091 Lake St., Pavilion. Troopers also handled this case.

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Police looking for suspects in redemption center burglary

By Howard B. Owens

vanburglary1oct16.jpg

Overnight Thursday, burglars broke into the Batavia Bottle and Can Retrieval Center 583 E. Main St., Batavia, and stole property from inside the building.

A white van that may be associated with the crime was caught on camera.

Anyone with information that can assist in the investigation may contact Detective Sergeant Matt Lutey at (585) 345-6311 or call the confidential tip line at (585) 345-6370.

vanburg2oct16.jpg

Law and Order: Person accused of stealing vehicle from Hartwell Road, Pavilion

By Billie Owens

Jordan Elena Rubin, 36, of Chili Avenue, Chili, is charged with fourth-degree grand larceny -- automobile with a value over $100. On Oct. 15, Rubin was arrested and is accused of stealing a motor vehicle from a residence on Hartwell Road in the Town of Pavilion at 6:38 p.m. Oct. 3. Rubin was issued an appearance ticket and is due in Pavilion Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Mathew Clor.

Jacqueline Raj Garrett, 41, of Church Street, Le Roy, is charged with illegal use of toxic vapaors, a violation of NYS Public Health Law. At 10:06 a.m. on today, Oct. 16, the Genesee County Emergency Dispatch Center received a report of a female outside of a department story on Veterans Memorial Drive who was inhaling an aerosol. A deputy was dispatched and located the female allegedly in the act of consuming a hazardous inhalant while outside a store in view of the public. She wa arrested and issued an appearance ticket and is due in Town of Batavia Court on Nov. 19. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Law and Order: Belvedere Lane man accused of attempting to illegally take $17K from relative

By Billie Owens

Thomas Edward Ditzel, 65, Belvedere Lane, Batavia, is charged with attempted grand larceny in the third degree, a felony. He was arrested as a result of an investigation into the misappropriation of funds as a Power of Attorney at 3 p.m. Dec. 24, 2018. Ditzel allegedly attempted to take almost $17,000 by closing an investment account of a family member and have the check sent to an address where he allegedly planned to retrieve it. However, another family member intercepted the check. "The duties of a POA, amongst others, is that the POA must act in the principal's best interest, rather than their own," says the police report. The case was investigated by Genesee County Sheriff's Investigator Christopher A. Parker.

Ifrah Hajimusse Armstrong, 41, of Bank Street, Batavia, is charged with third-degree grand larceny and four counts of offering a false instrument for filing, all Class E felonies. Armstrong was arrested after allegedly not reporting income that she was earning and also filing an application that is used to determine eligibility for Supplemental Nutrition Assistance Program benefits without including the income. The application process was started on Aug. 1, 2017. As a result, it is alleged Armstrong received $5,208 in SNAP benefits that she was not entitled to. The investigation was conducted by the GC Department of Social Services Investigator Dakota Nicholson and she was arrested Oct. 13 by GC Sheriff's Sgt. Thomas Sanfratello.

Ana Marie Uribe, 27, of Willow Street, Batavia, is charged with third-degree grand larceny and offering a false instrument for filing in the first degree, both Class E felonies. It is alleged that at the time of her application for the Supplemental Nutrition Assistance Program on May 1, 2019, she did not report income she was earning, which is used to determine eligibility. As a result, she allegedly received $3,218 in SNAP benefits that she was not entitled to. The investigation was conducted by the GC Department of Social Services Investigator Dakota Nicholson and she was arrested Oct. 14 by GC Sheriff's Sgt. Thomas Sanfratello.

U.S. Marshals alert public of imposter scammers attempting to get banking and credit card info

By Press Release

Press release:

The U.S. Marshals are alerting the public of several imposter scams involving individuals claiming to be U.S. Marshals. In the past few weeks, there have been several reported scam calls to Rochester-area citizens. Law Enforcement is urging people to report the calls the FBI's Internet Crime Complaint Center (IC3) and file a consumer complaint with the Federal Trade Commission, which has the ability to detect patterns of fraud from the information collected and share that data with law enforcement.

During these calls, scammers have attempted to gain banking information and credit card numbers. Telling the victims that their Social Security number has been used in a criminal act and this information is needed within an hour or they will be arrested.

On Wednesday, Oct. 14, a report was made to the U.S. Marshals office in Rochester. The victim reported that a caller told him there was a warrant for his arrest. The victim was told to transfer funds and if he did not comply, he was threatened with arrest and seizing of his property.

Additional incidents reported this month to Law Enforcement where Scam Calls attempted to collect a fine in lieu of arrest due to a claim of identity theft, failing to report for jury duty or other offenses, or even threating to seize property. Imposters tell victims they can avoid arrest by withdrawing cash and transferring it, purchasing a prepaid debit card such as a Green Dot card or gift card and reading the card number over the phone to satisfy the fine, or by depositing cash into bitcoin ATMs.

Scammers use many tactics to sound and appear credible. They sometimes provide information like badge numbers, names of actual law enforcement officials and federal judges, and courthouse addresses. They may also spoof their phone numbers to appear on caller IDs as if they are calling from a government agency or the court.

In March 2020, The Department of Justice launched the National Elder Fraud Hotline, which provides services to seniors who may be victims of financial fraud. Case managers assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed.

The hotline’s toll free number is 833-FRAUD-11 (833-372-8311).

If you believe you were a victim of such a scam, you are encouraged to report the incident to the FBI's Internet Crime Complaint Center (IC3) and to the FTC.

Things to remember:

  • U.S. MARSHALS WILL NEVER ask for credit/debit card/gift card numbers, wire transfers, or bank routing numbers, or to make bitcoin deposits for any purpose.

  • NEVER divulge personal or financial information to unknown callers.

  • Report scam phone calls to your local FBI office and to the FTC.

  • You can remain anonymous when you report.

  • Authenticate the call by calling the clerk of the court’s office of the U.S. District Court in your area and verify the court order given by the caller.

    -- Related article on SSN scams can be found at Inspector General Warns Public About SSA Impersonation Schemes or www.ssa.gov/scam
    -- More information on the FBI's Internet Crime Complaint Center can be found at www.ic3.gov

    Additional information about the U.S. Marshals Service can be found at http://www.usmarshals.gov

Law and Order: Porter Avenue woman accused of not reporting income, wrongly getting SNAP benefits

By Billie Owens

Brenda Lee Draper, 46, of Porter Avenue, Batavia, is charged with two Class E felonies: fourth-degree grand larceny; and offering a false instrument for filing in the first degree. It is alleged that Draper did not report income that she was earning that she filed an application used to determine eligibility for the Supplemental Nutrition Assistance Program benefits. As a result, she is accused of receiving $1,775 in SNAP benefits she was not entitled to get. The investigation was conducted by Genesee County Department of Social Services Investigator Dakota Nicholson. Draper was arrested and charged by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Edward Joseph Marin Jr., 31, of South Cairo, is charged with second-degree criminal contempt. At 1:49 a.m. Oct. 11 Marin was arrested after he allegedly knowingly violated a full stay away order of protection while staying at a hotel on Park Road in the Town of Batavia. He was released on an appearance ticket and is due in Batavia Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Ryan Young.

Dylan Michael Birch, 20, of Lakeville, is charged with second-degree criminal contempt. He was arrested at 7:44 p.m. Oct. 10 on Route 237 in the Town of Stafford. No other details provided. Birch was issued an appearance ticket to be in Stafford Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy David Moore.

Jerald A. Shuler III, 27, of Batavia (no address provided), was arrested following a traffic stop on Route 246 in the Town of Covington for an alleged speeding infraction. During the traffic stop, he was allegedly found in possession of 1.65 ounces of marijuana. Shuler is charged with marijuana possession in the first degree, speeding over 55 mph, and having the driver's view obstructed. Shuler was issued an appearance ticket and is due in Town of Covington Court on Oct. 26. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

Law and Order: East Bethany man accused of forcefully punching deputy in the head

By Billie Owens

David M. Schmieder, 26, of Silver Road, East Bethany, was arrested after he allegedly assaulted a Wyoming County Sheriff's Deputy in the Village of Gainesville last month. At 1:04 p.m. on Sept. 23 Wyoming County Sheriff's deputies responded to a complaint about a man walking down the middle of Route 19, obstructing traffic and acting irrationally. Upon arrival, Schmieder allegedly refused to follow orders and ignored deputies. When one deputy approached Schmieder, the police report says he "forcefully punched the deputy in the head." A short struggle ensued and two deputies were able to take Schmieder into custody. The defendant is accused of being found with an amount of suspected drugs in his mouth, "which he refused to spit out." The injured deputy was transported to Wyoming County Community Health System for treatment of non-life-threatening injuries. Schmieder was taken to Wyoming County Community Health System for "treatment of a medical condition." On Oct. 1 he was released from Erie County Medical Center and arrested. Schmieder was taken to Wyoming County Jail for virtual arraignment in front of Wyoming County Court Judge Michael Mohun. He is charged with: second-degree assault; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; disorderly conduct -- obstructing traffic; and violation of probation. Schmieder was put in Wyoming County Jail without bail on the count of violation of probation. On the other charges, bail was set at $100,000 cash, $200,000 either bond or partially secured bond (same amount).

Hope Marie Grasso, 50, of Haven Lane, Le Roy, is charged with: criminal possession of a forged instrument in the second degree; attempted grand larceny in the third degree; and attempted grand larceny in the fourth degree. She was arrested at 10:04 p.m. Thursday, Oct. 8. Grasso had allegedly possessed two fraudulent checks that amounted to a combined total of $52,800 and she is accused of trying to cash them at a local bank. She was put in jail and was scheduled to be arraigned this morning (Oct. 9) in Batavia City Court. The case was investigated by Genesee County Sheriff's Deputy David Moore.

Francisco Martinez Jr., 47, of Maple Street, Batavia, is charged with: open container of alcohol on public property; petit larceny; two counts of endangering the welfare of a child; and second-degree harassment. He was arrested after an investigation into a disturbance at 3:38 p.m. Oct. 3 in Austin Park on Jefferson Avenue in Batavia. He was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Adam Tucker.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with burglary in the second degree -- illegal entry into a dwelling, and disobeying a mandate of a judge. Gibson was arrested at 3:24 p.m. on Oct. 4 on Washington Avenue in Batavia after allegedly unlawfully entering the home of a person with a complete stay away order of protection. Gibson was arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice with a 24/7 house arrest order. Gibson was due to return to court on Oct. 8. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

Mark Theodore Helm, 39, of State Street, Batavia, is charged with second-degree harassment. Helm was arrested on Oct. 5 after an investigation into an incident that occurred on State Street at 3:10 on Sept. 28. Helm is accused of pushing and punching another male during an altercation. Helm is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree harassment. He was arrested at 1:24 this morning, Oct. 9, after an alleged altercation with another person. Leroy was released with an appearance ticket to be Pembroke Town Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy David Moore.

Zachary V.D. Seeley, 23, of Lyman Road, Bergen, is charged with aggravated criminal contempt. He was arrested on Oct. 5 following an alleged violation of an order of protection that occurred at 9:09 p.m. Sept. 26 on Ellsworth Avenue in Batavia. Seeley was arraigned in Batavia City Court via Skype then put in jail "until his return date" to court on Nov. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Dan Coffey.

Jeffery Robert Roth, 54, of South Main Street, Oakfield, is charged with second-degree criminal contempt for allegedly disobeying a court order. Batavia Police Officer Peter Post arrested Roth on an active arrest warrant out of Batavia City Court and the defendant was arraigned on Oct. 4 via Skype. Roth was put in jail on $2,000 cash bail or $4,000 bond and is due back in court on Nov. 5. Post was assisted by Batavia Police Officer Kevin DeFelice.

Grace C. Murray, 21, of Hawks Road, East Bethany, was arrested Oct. 2 after she turned herself in at Batavia Police Headquarters on a bench warrant out of Batavia City Court. It was issued after she allegedly failed to appear for sentencing on an undisclosed matter on Sept. 15. Murray is to return to court on Oct. 15. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Fifteen new charges brought against funeral director Michael Tomaszewski

By Billie Owens

Batavia-based funeral director Michael Scott Tomaszewski was arraigned on 15 new charges in Genesee County Court this morning as a result of the continuing investigation of his business practices.

He owns Michael S. Tomaszewski Funeral Home & Cremation Chapel, Acme Holdings of NY Inc., which owns the building that houses his funeral home on West Main Street Road, and adjacent property, including the Dibble Family Center.

On July 23, the Edgewood Drive resident, 48, was charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services for 91 customers.

Since his initial arrest, 11 additional victims came forward.

Today's virtual arraignment via Skype in front of Judge Charles Zambito was for:

  • Seven counts of third-degree larceny (Class D felony);
  • Grand larceny in the fourth degree (Class E felony);
  • Three counts of petit larceny (Class A misdemeanor); and
  • Four counts of failure to deposit monies (in violation of NYS General Obligations law).

According to the report from the Genesee County Sheriff's Office, Investigator Christopher Parker states the new charges "represent additional allegations concerning conduct related to monies paid to Tomaszewski for prepaid funeral and grave markers which were not used for their intended purpose."

In February, Tomaszewski filed for bankruptcy for Acme Holdings under Chapter 11 in Federal Court. He has also filed for personal bankruptcy.

Following today's arraignment, Tomaszewski was released on his own recognizance.

The investigation is continuing.

Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.

Previously:

Local funeral director charged with stealing money from customers

Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains

Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains

People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor

Law and Order: State Street resident accused of strangulation, burglary and harassment

By Billie Owens

Montell L. Cunningham, 27, of State Street, Batavia, is charged with second-degree strangulation, second-degree burglary and second-degree harassment. Cunningham was arrested at 7:22 p.m. on Sept. 29 after an investigation into a domestic incident that occurred on Sept. 13 on Tracy Avenue in Batavia. After arraignment in Batavia City Court, the defendant was put in jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond. A stay away order of protection was issued for the victim. Cunningham is due back in city court on Oct. 29. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Joshua K. Williams, 29, of McKinley Avenue, Batavia, is charged with: endangering the welfare of a child; criminal obstruction of breathing; and third-degree assault -- all Class A misdemeanors. He was arrested Sept. 23 on a warrant out of Batavia City Court. It was issued after an investigation into a domestic incident on McKinley Avenue on Oct. 7 of last year. He was arraigned in Batavia City Court with bail set by Judge Durin Rogers of one buck. Williams is due back in court on Oct. 28. The case was handled by Batavia Police Officer Christopher Lindsay.

Joshua K. McKinley, 29, of McKinley Avenue, Batavia, was arrested at 9:30 a.m. on Sept. 23 on a bench warrant out of Batavia City Court. It was issued after McKinley allegedly failed to participate in a court-ordered program. He was arraigned in city court and put in jail with bail set by Judge Durin Rogers of one buck. He is due back in court on Oct. 28.

Danielle E. Cummings, 42, of Batavia Oakfield Townline Road, Batavia, is charged with: aggravated unlicensed operation in the second degree; unlicensed operator; following too closely; and leaving the scene of a property damage accident. Cummings was arrested at 3:25 p.m. on Aug. 4 on Park Road in Batavia. The arrest was made after an investigation into a hit and run motor-vehicle accident on Park Road. She is due in Batavia City Court on Dec. 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Samuel Freeman.

Robert Scott Douglas, 40, no address provided, is charged with third-degree grand larceny. He is currently incarcerated at the Wyoming Correctional Facility. He was arraigned via Skype in Genesee County Court and ordered held on $100 bail. The warrant for his arrest stemmed from a grand larceny investigation by Batavia Police Officer Christopher Lindsay in February that resulted in a Grand Jury indictment. The case was handled by Batavia Police Sgt. Dan Coffey.

Rae Charlene Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested at 5:20 p.m. on Sept. 30 when Batavia Police allegedly found her in violation of an order of protection while she was being taken into custody on a previous case. She was arraigned in Batavia City Court and is due back there on Oct. 14. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer John Gombos.

Rae Charlene Cook, 31, of Liberty Street, Batavia, is charged with first-degree criminal contempt. At 5:22 p.m. on Sept. 30, Cook was arrested after an investigation into a domestic incident that occurred on Liberty Street at 4:43 p.m. Sept. 28. It is alleged that Cook violated an order of protection by having physical contact with the protected party. She was arraigned in Batavia City Court and released under supervision of Genesee Justice. Cook is due back in court on Oct. 14. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Urban J. Lawson, 55, of West Main Street, is charged with second-degree harassment -- physical contact. At 9:26 a.m. on Sept. 26, Lawson was arrested because of an incident that occurred Sept. 22 on West Main Street in which he allegedly subjected a person to unwanted physical contact. He is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Miah Stevens.

Lynn A. Perry, 53, of Halfmoon, no address provided, was arrested at 12:10 a.m. on Oct. 2 by troopers out of SP Batavia for driving while intoxicated and other vehicle and traffic infractions. Troopers were dispatched to a collision State Route 63 in the Town of Pavilion. Further investigation revealed a 2013 Audi was parked on the shoulder of State Route 63 and was struck by a 2019 Chevy operated by Perry. During the investigation, an odor of alcoholic beverage was allegedly present on Perry. Perry was placed under arrest after failing multiple SFSTs and transported to SP Batavia for processing. According to SP Batavia's report, Perry recorded a .11 BAC. She was issued traffic tickets returnable to the Town of Pavilion court for later this month.

Matthew J. Reed, 36, no permanent address, was arrested at 1 p.m. Oct. 20 on a bench warrant out of Batavia City Court for allegedly failing to appear for a prior court date. He is due to return to court Oct. 20. The case was handled by Batavia Police Officer Adam Tucker.

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