crime

Three people were arrested by the Genesee County Sheriff's Department during the Aug. 4 Dierks Bentley concert at Darien Lake Performing Art Center. In addition, eight people under age 21 were cited for possession of alcohol with intent to consume.

All 11 cases are were issued appearance tickets for Aug. 16 in Darien Town Court.

Arrests:

• Steven J. Bopp, 30, of Evergreen Street, Spencerport, for trespassing and obstructing governmental administration for allegedly running into a restricted area and then fighting with law enforcement while being place under arrest;
• Michael R. Wnek, 25, Continental Avenue, Holland, for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return;
• Joshua D. Amsdill, 29, of South Lyndonville Road, Lyndonville, for criminal trespass in the third degree after allegedly reentering the concert venue after being ejected and told not to return.

Possession of alcohol with intent to consume (punishable by a fine and/or no more than 30 hours of community service):

Jackson W. Egan, 20, of Hurlburt Road, Forestville;

Emily J. Gizowski, 19, of Laona Road, Forestville;

Bret M. Weaver, 19, of Route 39, Forestville;

Craig D. Heitzenrater, 19, of Hartland Road, Barker;

Alyssa A. Babinger, 19, of Sagebrush Lane, Lancaster;

Tara L. Balsavage, 18, of Michaels Walk, Lancaster;

Cara R. Marrano, 19, of Stone Hedge Drive, Lancaster;

Amanda E. Fiegl, 20, of Goodrich Road, Clarence.

Two people were arrested by the Genesee County Sheriff's Department during the Aug. 3 Slayer concert at Darien Lake Performing Arts Center. They are:

• Christopher D. Tedesco, 40, of Wendel Avenue, Buffalo, who was arrested for criminal possession of a controlled substance in the 7th degree after allegedly being found in possession of a controlled substance;
• Adam J. Genson, 34, of Lincoln Avenue, Lockport, who was arrested for disorderly conduct after allegedly urinating in public.

Alejandro Chaparro, 53, of Braley Road, Ransomville, is charged with two counts of endangering the welfare of a child and two counts of second-degree harassment. At 9:29 p.m. on Aug. 4, following an investigation into a harassment complaint, Chaparro was arrested on Main Street Road in Batavia. He allegedly pushed and followed an 11-year-old girl and a 9-year-old girl. He was arraigned in Town of Batavia Court and is due back there on Aug. 27. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Andrew Mullen.

Paul R. Hogle, 53, of Vallence Road, Le Roy, was arrested on Aug. 2 by Le Roy Police Department and charged with one count of stalking in the fourth degree, a Class B misdemeanor, and one count of forcible touching, a Class A misdemeanor. Hogle was arrested after a complaint was received by the Le Roy Police Department that he had allegedly placed a GPS locating device on the victim’s vehicle and used it to find them at a later time. It is also alleged that Hogle had unwanted contact with the victim. Hogle was arraigned in the Town of Stafford Court and was turned over to the Genesee County Jail in lieu of $500 bail. Hogle was subsequently arrested on Aug. 3 for criminal contempt in the second degree, a Class A misdemeanor. On Aug. 3, Hogle allagedly violated a court order, ordering him to stay away from the protected party. It is alleged that on that date, knowing said order was in place, that Hogle made contact with the protected party. Hogle was arraigned again arraigned in the Town of Stafford Court and jailed in lieu of $10,000 bail. Hogle is to return to the Le Roy Town Court on Aug. 13 to answer all charges.

Jennifer Nichole Wenner, 31, of Wood Street, Batavia, is charged with: driving while intoxicated; aggravated DWI -- operating a motor vehicle while having a BAC of .18 percent or more; consuming alcohol in a motor vehicle; obstructed view; disorderly conduct -- urinating in a public place. Wenner was arrested at 1:58 a.m. on West Main Street in Batavia after an investigation into a disturbance at a gas station. The case was investigated by Batavia Police Officer Jason Ivison, assisted by Officer Peter Flanagan.

Vincent M. Eschenlauer, 27, of Bank Street, Batavia, is charged with: driving while ability impaired -- combined influence of drugs or alcohol/drugs; leaving the scene of a property damage accident; moving from lane unsafely; driving a motor vehicle on or across a sidewalk; operating a motor vehicle on a public highway while using a mobile phone. The defendant was arrested after he allegedly fled the scene of a one-car collision on Route 63 at Jackson Street in the city at 7:09 p.m. on July 30. He is due in City Court on Aug. 15. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Michael John Reeves, 39, of Military Road, Tonawanda, is charged with: aggravated unlicensed operation in the first degree; two counts of DWI; operating a motor vehicle with headlights; and uninspected motor vehicle. Reeves was stopped at 12:28 a.m. on Aug. 4 on Route 77 in Pembroke for allegedly operating a motor vehicle without headlights. Reeves was issued appearance tickets to answer the charges and is due in Pembroke Town Court on Aug. 28. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Deputy Eric Meyer.

Patrick D. Powell, 32, of Manor Park, Rochester, is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; inadequate exhaust; drinking alcohol in motor vehicle on a highway. At 1 p.m. on Aug. 3, following a traffic stop on Richmond Avenue in the City of Batavia, Powell was arrested on the charges. He was issued an appearance ticket for Aug. 21 in City Court. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Sharon Yvonne Sharman, 47, of Seven Springs Road, Batavia, is charged with driving while intoxicated and DWI -- operating a motor vehicle with a BAC of .08 percent or higher. Sharman was arrested following an investigation into a domestic incident on Seven Springs Road at 3:12 a.m. on Aug. 4. She was issued an appearance ticket for Sept. 20 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Matthew Clor, assisted by Deputy James Stack.

Aerielle Susan Davis, 29, of West Main Street, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 pr more. She was arrested at 1:47 a.m. on Aug. 4 on West Main Street in Corfu following an investigation of a woman asleep at the wheel of a running vehicle in the village. She was issued an appearance ticket for Village of Corfu Court and is due there Aug. 20. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Erik Andre.

Dalton C. Kelly, 20, of Chase Park, Batavia, is charged with fourth-degree criminal mischief and second-degree harassment. Kelly was arrested at 5:40 p.m. on July 30 in Batavia after a report of a male out of control who damaged property. He was scheduled to appear in court July 31. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Kevin DeFelice.

Nasir C. Nathan, 22, of West Main Street, Le Roy, is charged with second-degree criminal contempt. He was arrested 7:45 p.m. on July 24 on Watson Street in the City of Batavia after he allegedly made threats toward a person protected by a stay-away court order against Nathan. He is due in City Court on Aug. 14. The case was handled by Batavia Police Officer Jamie Givens.

Ahdeosun R. Aiken, 20, of Ellicott Avenue, Batavia, is charged with second-degree criminal contempt. He was arrested at 10:19 p.m. on Aug. 3 on Walnut Street in Batavia after allegedly violating an order of protection during a domestic incident. He was arraigned in City Court and released on his own recognizance. He was due back in City Court today (Aug. 6). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Barbra Ann Nehl, 75, of West Main Street, Corfu, is charged with petit larceny. She was arrested at 4:52 p.m. on Aug. 5 at a retail store on Route 77 in the Town of Pembroke. She allegedly stole $37.70 worth of merchandise without paying and by passing all points of purchase. She was released on an appearance ticket and is due in Town of Pembroke Court on Aug. 23. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Michael L. Jackson Jr., of Maple Street, Batavia, is charged with petit larceny. He was arrested at 4:13 p.m. on July 27 on West Main Street in Batavia after he allegedly stole items from a grocery store. He is due in City Court on July 14. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Dustin Wayne Bogue, 36, no permanent address, is charged with petit larceny. Bogue was arrested at 1:41 a.m. on West Main Street in Batavia after it was alleged that he entered a convenience store and stole property. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Peter Flanagan.

Taylor L. Finnin, 25, of 131 S. Swan St., Batavia, is charged with trespass. The defendant was arrested at 5:30 p.m. on July 29 on South Main Street in Batavia after he allegedly trespassed at a residence after being told he was not allowed there. He is due in City Court tomorrow (Aug. 7). The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

Shane Eugene Dann, 41, of Swan Street, Batavia, was arrested Aug. 1 on a bench warrant issued by Batavia City Court. The warrant was issued after Dann failed to appear for a scheduled court appearance in regard to an incident that occurred on Feb. 18. The case was handled by Batavia Police Officer Lindsay Christopher, assisted by Officer Arick Perkins.

A 16-year-old female who lives on Astor Ridge Road in Amherst is charged with DWI-drugs and unsafe backing. She was arrested at 11:21 a.m. on Aug. 5 on Alleghany Road in Corfu after an investigation into a property damage accident at Crosby's convenience store. She was issued an appearance ticker for Corfu Village Court and is due there on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

A 17-year-old female who lives on West Utica Street, Buffalo, is charged with unlawful possession of marijuana. She was arrested at 11:30 a.m. on Aug. 5 on Alleghany Road in Corfu. She was allegedly found in possession of a small amount of marijuana during a DWI -- drug arrest. She was issued an appearance ticket for Corfu Village Court on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

      Antwan Odom

Even with a number of family members in the courtroom and a high score on the bail evaluation by Genesee Justice, 17-year-old Antwan Odom was ordered held on $50,000 bail or $100,000 bond by City Court Judge Robert Balbick on his attempted assault charge.

Odom is accused of stabbing Ray Leach with a sharp object at least 10 times during an argument over alleged stolen property at 135 Ross St., Batavia, on Friday afternoon.

Both Odom and Leach are star athletes at Batavia High School.

Odom appeared in City Court this afternoon dressed in a Genesee County Jail orange jumpsuit with his hands cuffed, represented by Michael Locicero from the Public Defenders Office.

Locicero argued that Odom should be released under the supervision of Genesee Justice with strict curfew requirements. Odom and Leach have been neighbors but Locicero said Odom could live at his sister's house, well away from the Ross Street neighborhood, while the case is pending.

When Odom appeared in City Court the evening of his arrest, his bail was set at $15,000 cash or $30,000 bond by Judge Durin Rogers. 

First Assistant District Attorney Melissa Cianfrini was consulted by phone that evening on a bail recommendation. She said that at the time she was not given the defendant's name nor had she seen news coverage about the case. She was only told at the time that the defendant had no prior criminal history, meaning no convictions. She did not know that Odom has a pending felony DWI case in the Town of Sweden.

It's a felony because he was allegedly driving drunk with an individual or individuals under the age of 16 in his vehicle. He was also charged with a misdemeanor count of driving while under the influence of drugs. He was arrested by SUNY Brockport PD on April 8.

Balbick said he had to weigh and balance all of those factors, including Odom's family support when considering bail and determining whether Odom is a flight risk.

The bail evaluation by Genesee Justice -- Odom scored a 16 -- doesn't take into account the seriousness of the offense, both Cianfrini and Balbick noted, and that combined with the other pending felony must be considered, he said.

"Those factors make it imperative that bail be set in this matter," Balbick said. "A bail of $15,000 and $30,000 A and B is woefully inadequate."

Odom and Leach have been teammates on Batavia's football and basketball teams (Odom has not played baseball in high school, as previously reported). In basketball, Odom is one of the Blue Devils' top scorers.

Leach has been named to the All-Greater Rochester first teams each of the past two seasons. He gained 1,563 all-purpose yards and scored 18 touchdowns in 2017. On Oct. 14, Leach scored six touchdowns, a school record. He ran the ball in five times and scored on a 22-yard interception as Batavia beat St. Mary's 69-20, setting a new school record for points in a game.

According to Leach's mother, as reported by our news partner 13WHAM, Leach is at home, able to walking and recovering. His stitches should come out in seven to 10 days. He expects to be ready for practice when pre-season drills begin.

Odom's father told 13WHAM that Odom doesn't remember stabbing Leach. He said his son didn't have a weapon and that he suffered a concussion in the fight.

A possible stabbing is reported in the area of 700 Ellicott St. Mercy medics are to stage at Liberty and Ellicott streets. City police are responding.

UPDATE 9:52 a.m.: The injury "was to the wrist"; Mercy medic #1 is called into the scene.

UPDATE 10:01 a.m.: Someone's stitches broke open and the person needs the wound repaired. No one was stabbed.

UPDATE 10:08 a.m.: Mercy medics transported the patient to UMMC.

One of Batavia High School's star athletes is in the Genesee County Jail today, accused of stabbing a teammate during a disagreement yesterday afternoon at 153 Ross St., Batavia.

Antwan Odom is charged with attempted assault, 1st, a Class C felony, and criminal possession of a weapon, 4th, a Class A misdemeanor.

Odom is accused of stabbing neighbor, friend, classmate and teammate Ray Leach, a star running back for the Blue Devils and a teammate of Odom's during the football and basketball seasons. Odom is one of the basketball team's top scorers and also a standout in baseball.

Leach's injuries are not life-threatening. According to his sister Whitney Leach, Ray Leach was stabbed four times in the back, twice in his abdomen, once in each leg, and also has a couple of other superficial cuts.

Leach was discharged from UMMC last night after being treated for his wounds.

In a press release, Batavia PD said Odom allegedly attacked Leach after Leach accused him of stealing personal property.

By the time police arrived on the scene at about 3 p.m., Odom had fled. He was identified as the suspect by witnesses and police learned he had returned to his residence, also on Ross Street.

Police said multiple young children and other family members were in the house and "all occupants were safely evacuated." Odom was taken into custody without incident.

Odom was transported to UMMC for medical treatment then arraigned in City Court. He was then confined to the Genesee County Jail.  

The investigation is ongoing. Anyone with information in reference to this case may contact Officer Cowen or the Batavia Police Department at (585) 345-6350, the confidential tip line at (585) 345-6370.

Previously:

• Blue Devils star football player injured in stabbing on Ross Street
• Person stabbed on Ross Street in the city

Ray Leach, Batavia High School's star running back, was the victim of a stabbing today 153 Ross St., Batavia.

His sister Whitney Leach said her brother was stabbed four times in the back, twice in his abdomen, once in each leg, and also has a couple of other superficial cuts.

He was discharged from the hospital this evening following treatment and is expected to recover.

According to social media posts, the suspect is a teammate and also one of Batavia's top athletes. Both are heading into their senior years. Batavia PD has yet to release the name of the suspect.

Leach helped the Blue Devils win sectional titles in 2015 and 2016 and helped lead them to the cusp of a fourth straight title in 2017. He has also been a standout on defense.

Shortly after the incident today, Whitney Leach asked for the prayers of friends and family.  Once she learned more about his condition, she said, "Pray that he will have a great recovery and we can get him back on the Batavia field (that's all he cares about, being able to play football)."

She said the first thing he did after arriving at the hospital was ask to see Head Coach Brennan Briggs and Briggs did visit him in the hospital.

He was treated at UMMC.

Chief Shawn Heubusch said Batavia PD will have a press release tonight about the incident.

A stabbing is reported at 153 Ross St. in the city. The scene is not yet secure. Police are responding. Mercy medics and city fire are asked to stage in the area. Communications are now secure; no further transmissions.

UPDATE 3:03 p.m.: The ambulance is told to come to the aid of one victim inside 153 Ross St.; an officer is there, too. Police are at 145 Ross St. Scene command calls for Ross Street to be shut down at Ellsworth Avenue and at North Street.

UPDATE 3:08 p.m.: A person with a hand laceration is reported in 145 Ross St.; Mercy medics are told to proceed there in non-emergency mode. The roadway can be reopened. Scene is secure. County deputies en route are told they can stand down.

UPDATE 3:11 p.m.: The victim is now at the Police Station and BLS medics are told to go there instead.

UPDATE 3:31 p.m.: An 18-year-old male is being transported to UMMC with a hand laceration.

The driver suspected of leading State Police on a chase down the I-90 into Batavia yesterday has been accused of assaulting a police officer and ordered jailed without bail.

Adeb Said, 49, of Port Richey, Fla., was arraigned in Town of Batavia Court on additional charges of: reckless endangerment, 1st; aggravated assault on a police officer with a deadly weapon; criminal mischief, 2nd; and criminal mischief, 3rd.

The woman who was reportedly a passenger in Said's 1997 Mercedes Benz, Tara A. Hackrott, 35, of Williamsville, was turned over to the Cheektowaga Police Department on an outstanding warrant.

Said's next court appearance is scheduled for Aug. 27.

Said is accused of leading police on a chase from Henrietta to Kelsey Road in Batavia after being suspected of shoplifting. When the Mercedes exited the Thruway, the vehicle allegedly spun out and was surrounded by law enforcement vehicles. Said then allegedly drove aggressively toward a State trooper who fired his service weapon at the vehicle. The Mercedes continued on Park Road and was chased to Kelsey where Said and Hackrott reportedly tried to flee on foot before quickly being captured.

Previously:

• Police chase prompted by a couple of suspected shoplifters at Marketplace Mall in Rochester
• State police chase underway after shots fired on Thruway

A female passenger and the middle-aged male driver of a gray Mercedes involved in a high-speed chase with law enforcement earlier this afternoon after a shoplifting incident at Rochester's Marketplace Mall are both now in Strong Memorial Hospital; she is being evaluated and he has minor injuries. No one else was injured.

The chase began after the pair was suspected of a larceny at the Sears store in the mall on Miracle Mile Drive.

New York State Police Troop A Commander, Major Edward Kennedy, flanked by law enforcement officials from Genesee and Monroe counties, gave a press conference within the last half hour in the middle of Kelsey Road in Batavia about what occurred.

He said the call about the suspected shoplifting came in at 12:27 p.m. The suspects took off and got on Route 390, pursued by Monroe County Sheriff's deputies and troopers from E Barracks. The Mercedes then got on the Thruway and took the Batavia exit; it spun around and the driver lost control of the car, which was surrounded by troopers from A and E barracks and deputies from Genesee and Monroe counties.

At that point, Kennedy said the vehicle exited the Thruway plaza and drove aggressively toward law enforcement; an officer fired shots; the Mercedes collided with a police car. The suspects drove to Park Road, to Veterans Memorial Drive, and made their way to Route 5 before turning north on Kelsey Drive. They headed onto private property, driving down a long driveway before the suspected ditched the car and tried to flee on foot. They were quickly apprehended without further incident. 

A press release with more information will be released at 6 p.m., Kennedy said, noting there are multiple crime scenes involved in this ongoing investigation.

UPDATE 6:26 p.m.: Press release from NYSP:

On Aug. 3 at approximately 12:34 p.m., Troop E Troopers responded to assist Monroe County Sheriff’s Office who were following 1997 Mercedes Benz with switched license plates that was involved in a larceny from Sears at Marketplace Mall in Henrietta. 

At 12:51 p.m. the suspect vehicle fled once emergency lights were activated. This pursuit continued onto the Interstate-90 westbound. The suspect vehicle exited the I-90 at exit 48, Batavia. Patrols attempted to block the suspect vehicle near the toll barrier. The suspect vehicle continued aggressively toward Troopers and as a result a Trooper shot his service weapon at the threat. The pursuit continued until the suspect vehicle turned into a private driveway on Kelsey Road in the Town of Batavia at 1:19 p.m.  The suspect vehicle struck a dirt embankment and came to rest in a wooded area. 

The operator, Andrew Adeb Said, 49 of Port Richey, Fla., and the passenger Tara A. Hackrott, 35, of Williamsville, attempted to flee on foot and were subsequently arrested. Both suspects were taken to Strong Memorial Hospital. Andrew Adeb Said had minor injuries and Hackrott was taken for evaluation. 

New York State Police Troop A, E, T, The Bureau of Criminal Investigation, NYSP Collision Reconstruction Unit, NYS DEC, Monroe County Sheriff’s Office, Genesee County Sheriff’s Office and the Town of Batavia Fire Department assisted in this investigation.

This is still an ongoing criminal investigation. Criminal charges are pending.

Photos by Howard Owens.

Major Edward Kennedy, Troop A commander, center, with Capt. Douglas Comanzo, Monroe County Sheriff's Office, and Major Eric Laughton, Troop E commander.

A trooper was pursuing two individuals on the Thruway and one rider dumped his bike at the I-490.

At some point, the individual wrestled with the trooper but it's not clear when or where.

He is a black male wearing jeans and a multi-colored jacket.

The other motorcycle exited the Thruway at the 490 and fled in an unknown direction of travel. It's unknown if he circled back and picked up the rider.

Troopers and deputies heading to the area.

A K-9 is requested.

UPDATE 12:03 a.m.: All responding units have switched to L.E. Secure. We won't hear any more about this incident.

Deborah Rodriguez, age not provided, residence not provided, is charged with driving while ability impaired by drugs and alcohol, unlicensed operation, 1st, and unsafe backing. Rodriguez was reportedly backing out of a driveway in the Village of Oakfield when her vehicle struck a pedestrian who was walking on the sidewalk. The patient was transported to UMMC for treatment of minor injuries.

Brenna Elizabeth Decillis, 24, of Park Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and leaving the scene of a property-damage accident. Decillis was charged following an investigation into an accident at 7:18 a.m. Wednesday on Park Road. Decillis is accused of driving a vehicle that struck two parked cars and a building. The investigation was conducted by deputies Ryan DeLong, Richard Schildwaster, and Jeremy McClellan.

Latashia M. Sanchez, 25, of Central Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to dim headlights. Sanchez was stopped at 11:50 p.m. Tuesday on East Main Street, Village of Le Roy, by a Le Roy police officer.

Seth Ryan Kronewetter, 25, of Indian Creek, Eldred, Pa., is charged with making terroristic threats and aggravated harassment, 2nd. Kronewetter is accused of making threats to harm patrons of a concert at Darien Lake Performing Arts Center. Kronewetter was arraigned in Darien Town Court and released under supervision of Genesee Justice.

Andres A. Arteaga, 20, of Batavia, is charged with unlawful possession of marijuana. Arteaga was stopped at 9:29 p.m. Monday on Route 33, Stafford, by State Police.

Nicholas J. Heschke, 31, of Medina, is charged with unlawful possession of marijuana. Heschke was topped at 1:58 a.m. Monday on Route 77, Town of Alabama, by State Police.

David M. Howard is indicted for the crime of assault in the second degree, a Class D violent felony. It is alleged that on May 19 in the Town of Pavilion that Howard, with intent to cause physical injury to a person age 65 or older, caused such injury and the defendant is more than 10 years younger than the victim. In count two, Howard is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person May 19 in Pavilion.

Larry A. Hubler is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 20 in the Town of Stafford that Hubler drove a 2006 Chevrolet on East Main Street Road (Route 5) while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Hubler is accused of having been convicted of DWI, as a Class E felony, on Nov. 21, 2007, in Genesee County Court, and the conviction was within 10 years of the crimes alleged in the current indictment.

Brett N. Magoffin is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 15 in the Town of Darien that Magoffin drove a 2003 Chevrolet on Simonds Road while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .18 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Magoffin is accused of having been convicted of DWI, as a misdemeanor, on March 31, 2015, in City of Batavia Court, and the conviction was within 10 years of the crimes alleged in the current indictment.

City police just arrived at 2 Olin Ave. after a caller reported yelling and a fight in front of that address. In addition, one subject reportedly has a knife. That suspect fled on foot, headed toward Holland Avenue. He has a basball cap on backwards and is wearing jeans. The police are with him now in the Speedway parking lot.

UPDATE 5:33 p.m.: The address of 4 Olin Ave. was added to the job.

       Becky L. Frens

A Pearl Street Road resident accused of neglecting her 3-year-old female dog appeared briefly in Town of Batavia Court this afternoon.

Shortly after 1 p.m., Becky L. Frens approached the bench of Judge Michael Cleveland flanked by her attorney Michael Ranzenhofer.

The senator with 38 years of legal expertise is a partner in the law firm Friedman & Ranzenhofer PC, with eight offices in Western New York, including one on Main Street in Batavia.

Ranzenhofer cited unspecified "complications" and asked for a delay in the case. The people, represented by Assistant District Attorney Robert Zickl, told the judge they are ready to proceed in the matter.

Cleveland granted Ranzenhofer's request for a delay and the next court appearance for 56-year-old Frens is set for 10:30 a.m. on Monday, Aug. 27.

Today, Frens looked a lot different than the photo taken July 10 following her arrest by troopers from the Batavia Barracks of the State Police after she went to the Genesee County Animal Shelter to retrieve her dog.

She is charged with overdriving, torturing and injuring an animal; and failure to provide proper sustenance under the state Agriculture & Markets law, Article 26, Section 353, which is a Class A misdemeanor. (Find the section in Ag & Markets law here.)

If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

Frens was dressed in a solid blue, A-line knit top, three-quarter-sleeved with lacy cut-outs, mid-calf black capris, and delicately embossed, pale blue slides. Her medium brown tresses looked freshly curled and hung well past her shoulders. She wore eyeglasses.

Looking only slightly better today was Frens' former pet, a Labrador retriever mixed breed named Maya, which happens to be Sanskrit for "create."

The dog still has a long road ahead.

Volunteers walked her out for a visitor at the Animal Shelter at about 2 o'clock.

Animal Control Officer Ann Marie Brade said when Maya was brought in "she was able to walk, but the length of her nails was so long, that she was not able to walk on concrete or tiles, which is what we have at the shelter, until her nails were cut. With the long nails and the shape of her pads, it was painful.

"She has some genetic issues and some splayed tendons. She doesn't have much muscle mass; she can't stand the heat. When she first came here, she couldn't exercise for any length of time. 

"She was very thin and she is still gaunt. Very underweight, you can see her hips. Since she's been getting treatment, she's put on a few pounds. But we don't want her to put on a lot of weight yet, so it's a constant battle of weighing her, adjusting her feed. The Volunteers for Animals help monitor her and give her special feed. They take her to the vet and pay for the vet bills. 

"She has open sores on her body, bacterial infections, fungal infections. She has several infections we are getting under control. She has demodectic mange, which is in everyone's system, but when the immune system becomes compromised, it goes haywire."

On top of all that, she is nearly 90 percent deaf now because of chronic, heretofore untreated infections in both ears. There is a lot of scar tissue in her ears as a result. She can hear a whistle, but not much else. 

Maya's eyesight was also impaired. She could not see a hand held out with a treat in front of her face -- at least not at first -- she kept missing it with her muzzle. But after three weeks of some decent nutrition and medical control of her infections, she can find the hand in front of her nose.

She's not as stinky. She can manage to jump onto the seated lap of a volunteer these days; a feat that she could not do only a couple of weeks ago.

And despite everything, "she's always happy to see us," said volunteer Lynette Celedonia.

Maya belongs to the shelter and it will hold onto her until she is healthy enough to find a home -- food, water, walkies, treats, mercy, humaneness, decency.

The woman who initially found Maya is seriously considering adopting her, although, with the interest in Maya's story, Christina Homer-Roviso is sure there will be many contenders.

Homer-Roviso said she never had a clue the neighbors across from her sister-in-law's house had a dog. Then came the day earlier this month when Maya was standing across the road looking pathetic.

Homer-Roviso coaxed her across the asphalt in order to help her and she said "watching her try to walk was hard." 

"Oh, my gosh, that dog was starving," said the sister-in-law, Lynne D. Homer. "We gave her two bowls of cat food, some baloney, and sausage; she drank three bottles of water."

"She was missing patches of fur, was (in) really, really bad (condition). ... Someone like (Frens) should not have a freakin' animal and to live in a house like that," said a visibly shaken Homer-Roviso, fighting back tears.

Frens lives in a 3,236-square-foot Colonial built in 2002. The four-bedroom, two-bath custom-built home also has two outbuildings and sits on 11.7 acres. The assessed value is $283,400.

"I own five dogs, horses, goats, chickens, and cats. I tell my kids 'You can go get food and water. These animals can't. You have to do that for them.' "

For previous coverage, click here.

Photos by Howard Owens.

Jeffery David Torrey, 46, of McKenzie Street, Bergen, is charged with endangering the welfare of a child. Torrey is accused of attempting to use a hole punch to pierce the ear of a child at a residence on Ross Street, Batavia, at 7:30 p.m. July 5.

Kelvin B. Murphy, 45, of Batavia, is charged with DWI. Murphy was stopped at 2:18 a.m. Sunday on Route 98 in Batavia by State Police. He allegedly failed a field sobriety test and recorded a .10 BAC.

Temple Aubrielle Jacobs, 38, of Michigan Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, driving without an inspection certificate, failure to keep right, and unsafe tires. Jacobs was stopped at 5:40 a.m. Sunday on Route 20, Bethany, by Deputy Eric Andre.

Shawn Joseph Scheg, 50, of Warboys Road, Byron, is charged with driving while ability impaired, aggravated unlicensed operation, failure to signal, misuse of dealer plate, no interlock device. Scheg was stopped at 1:55 a.m. Wednesday on Route 33, Stafford, by Deputy James Stack.

Kevin Watson, 58, of West Main Street, Batavia, was arrested on a warrant for petit larceny. Watson was turned over to Batavia PD after being released by the Monroe County Jail on an unrelated charged. He was jailed on $1,000 bail.

Dina Mercado, 37, of Old Falls Boulevard, North Tonawanda, was arrested on a warrant for alleged failure to appear on traffic tickets from January 2017. She was jailed on $500 bail.

Jason R. Duffina, 41, of Porter Avenue, Batavia, is charged with petit larceny. Duffina is accused of shoplifting at Tops Friendly Market.

Kevin Wayne Howard, 18, of Bank Street, Batavia, is charged with DWAI, unsafe tires, unlicensed operator, and failure to obey traffic control device. Howard was stopped at 8:20 a.m. Thursday on Main Street, Batavia, by Sgt. Daniel Coffey.

John Joseph Caez-Gonzalez, 31, no permanent address, is charged with criminal contempt, 1st, aggravated family offense, and criminal possession of a controlled substance, 7th. Caez-Gonzalez is accused of violating a stay away order. At the time of his arrest, he was allegedly found in possession of heroin. He was jailed without bail.

Anthony K. Wolcott, 32, of Willow Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic charge.

James Haynes, 31, of Taylor Terrace, Chester, Pa., was arrested on two warrants after being extradited from Pennsylvania. The underlying charges of the warrants were not released. He was ordered held without bail.

Cynthia D. Gause, 47, of Eaton Street, Buffalo, is charged with DWI. Grause was arrested at a location on Bank Street after police received a complaint about an employee arriving at work intoxicated.

Joseph D. Berry, 32, of Bank Street, Batavia, is charged with assault, 3rd.  Berry is accused of assaulting an employee of a business on West Main Street, Batavia, at 4:04 p.m. Sunday.

Those who made it a habit to read arrest reports locally have come across the name Raymond Lee Morgan a few times over the years but that public profile paints an unfair picture of the man, his friends and family said during a vigil in his honor yesterday outside 111 Liberty St., where he was murdered on Tuesday.

The 47-year-old had a big, loving heart, said his sister, Natalie Urbanski (top photo).

"He had seven grandkids," Urbanski said. "He had sisters. He had family. He’s always there, no matter what. You needed something he would be there to help you and it seems like no one wants to hear that."

The vigil was, as Victor Thomas put it, a celebration of Ray Morgan's life, but Thomas and others also made pleas for anybody who knows anything to help the police solve the murder case, and for Batavia to come together.

"He would want us to come together and spread the same love that he spread," Thomas said.

With arms wide open he said, "I want to spread love today because that is what Ray did and that is who he was. He didn’t deserve to go out like this. Nobody does. So at the end of the day, if anybody knows anything they need to say something because my man didn’t deserve this."

Then he looked to the sky and addressed Morgan, "I know you're up there and I know you're looking down on this. Something’s got to give, bra. This stuff in Batavia has got to stop. This isn’t what it was. We’ve got to get back to what it was."

Natalie Urbanski said Morgan was "one of a kind."

"He was a sweet loving man who did not need to go out the way he did," she said. 

She also made a plea for anybody with information to come forward and help the police solve Morgan's murder.

"His daughters, his grandkids, his loved ones, his aunt, his mother, need some type of closure," Urbanski said. "Let’s not let this be a cold case. Let this be solved immediately."

And she included a plea for Batavia come together.

"Batavia you need to come back as one, as we were before," she said. "All of this violence and nonsense, senseless killings is not who were are. We are not the city. We are Batavia."

Dionne Thomas also recalled Morgan's kind, loving ways.

"I remember the Christmas he told the kids he was going to kidnap Santa Claus," Thomas said. "The kids were really scared that Uncle Ray Ray was going to kidnap Santa Claus. He said if he didn’t leave no presents on Hall Street there wasn’t going to be no Christmas. The kids woke up on Christmas, Santa visited Hall Street. Uncle Ray Ray made sure Santa was on Hall Street. That’s who he was for us all."

People know he had problems in his past, Thomas said, but his murder was just senseless.

"No matter what was done in the past doesn’t justify what was done to him," Thomas said. "No one deserves that, especially not Ray. We all know that."

Funeral arrangments have been made for Morgan. Calling hours will be at 11 a.m. Saturday at H.E. Turner, 403 E. Main St., Batavia, with a funeral service at 1 p.m.  (Full Obituary)

Previously:

• Batavia PD investigating homicide on Liberty Street
• Name released of Liberty Street murder victim
• Person of interest in custody in Raymond Morgan murder investigation

Victor Thomas

Matt Green, pouring a 40 in honor of Ray Morgan.

Nicole Griffen

Victor Thomas with Jeff Hull and Lamar Randall.

Ray Morgan with his seven grandchildren (photo used with permission of his daughters).

John M. Brabowski, 40, of Fisher Road, Oakfield, is charged with third-degree rape. He was arrested on July 24 and arraigned at 9:11 p.m. in Batavia Town Court. It is alleged that he engaged in sexual intercourse with a female victim under the age of 17 on July 23 at a location on Fisher Road in Oakfield. He was jailed on $100,000 bail and is due in Oakfield Town Court on Aug. 6 to answer the charge. Additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus, Youth Officer Howard Carlson and Sgt. Bradley Mazur.

Anthony D. Micucci, 24, of Main Street, Alexander, is charged with third-degree assault, third-degree menacing, and endangering the welfare of a child. He was arrested at 3:25 p.m. on July 25 on Main Street in Alexander following a domestic incident in the village. He is due in Town of Alexander Court on Aug. 8. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Joshua M. Gaudioso, 29, of Genesee Street, Le Roy, is charged with criminal possession of a weapon because he is a convicted felon. He was arrested and arraigned in Bergen Town Court at 9 p.m. on July 26. He was jailed in lieu of $10,000 cash or bond. He is accused of possessing a shotgun on July 20 at a location on North Bergen Road, Bergen. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Chad Minuto.

Kevin Wayne Howard, 18, Bank Street, Batavia, is charged with unlawful use of a motor vehicle in the third degree. He was arrested at 4 a.m. July 26 on Griswold Road in Le Roy following a complaint. It is alleged that the defendant took a motor vehicle without the consent of the owner. He was issued an appearance ticket for Town of Le Roy Court and is due there Sept. 3. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Batavia Police Sgt. Dan Coffey.

Damien Anthony Weir, 37, of Branch Lane, East Stroudsburg, Pa., is charged with unlawful possession of marijuana. The defendant was charged after a traffic stop on Veterans Memorial Drive in Batavia at 10:28 a.m. on July 24. He was issued an appearance ticket for Batavia Town Court and is due there on Aug. 14. The case was handled by Sheriff's Deputy Lonnie Nati, assisted by Deputy Ryan DeLong.

A person of interest in the murder of Raymond Lee Morgan is in custody on an unrelated matter, Batavia PD announced this morning. 

The police are not releasing the name of the person or a description of the person because of "the very active nature of the investigation."

The police are not releasing further information about the case at this time, the department said in a statement. 

Morgan was found badly beaten in his room at 111 Liberty St., Batavia, at 11:15 p.m., Tuesday after police received a report of a disturbance. Mercy medics responded but Morgan, 47, who had two daughters and seven grandchildren, died at the scene.

According to family members, a person was seen fleeing through a second-story window and police officers, including a K-9, conducted a search of the area that night.

The day after the murder, two men living at 111 Liberty were taken into custody on alleged parole violations.

Funeral arrangments have been made for Morgan. Calling hours will be at 11 a.m. Saturday at H.E. Turner, 403 E. Main St., Batavia, with a funeral service at 1 p.m.  (Full Obituary)

Previously:

• Batavia PD investigating homicide on Liberty Street
• Name released of Liberty Street murder victim

A 47-year-old Batavia man with many local family members has been identified by Batavia PD as the victim of a homicide last night at 111 Liberty St.

Raymond Lee Morgan died in his room last night after police and medics were dispatched because of a reported fight.

The suspect apparently fled on foot after jumping from a small second-story window. Police have not released a description of the suspect and he is apparently not yet in custody. 

In a release, Batavia PD said Morgan was well known to local officers. He had a criminal history and was on parole.

He was released from State Prison in November after serving a year on a criminal possession of a controlled substance, 5th, charge. He also served time from 1999 to 2002 on a grand larceny conviction.

But to his friends and family members gathered across the street from 111 Liberty St. this afternoon, he was a father, son, uncle and brother.

Victor Thomas, who said he grew up with Morgan as his uncle but called him his brother by the time he was an adult, said Thomas loved the Yankees and he loved cars.

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"He was big into cars and any car he had, it was going to have a system in it," Thomas said. "He loved to hear it bang. He loved to let people know he was coming before he was there."

Thomas got a little choked up talking about Morgan. He recalled that Morgan was always there when he was a kid to help him and his family.

"He had a big heart," Thomas said. "From the time I was knee high, he made sure I went back to school with nice clothes. If my mother and father couldn't do it, he was there to get me things I needed to be just OK."

He saw Morgan as bigger than life.

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"Ray was a dude that lived his life with an open heart," Thomas said. "He had so many friends. He had so many people who wanted to be around him. I mean, he was a character. He was one of a kind. You can ask anybody that. He was one of a kind. There is nobody else walking this earth who was like that dude."

Family members in the parking lot across from the rooming house were agitated while police officers and parole officers were inside the multi-unit building trying to untangle their complaints and deal with a couple of suspected parole violators.

One of them, family members said, had spread false rumors on Facebook that Morgan was the killer and he also apparently entered the room where Morgan died after police cleared the scene and took photos of the blood-soaked scene and posted them on Facebook.  

Taken into custody today was Michael Elmore. Family members shared with The Batavian posts with Elmore's name on them where Elmore said Morgan was killer and they accused Morgan of taking and posting the bloody pictures. 

Police Chief Shawn Heubusch explained this afternoon that once investigators finish processing a crime scene, the property is turned over to its owner and the owner from that point is responsible for securing the scene.

A source family with police procedures explained further that by law, police can't remain in custody of a scene once processing is completed without a warrant.

It was unfortunate, Heubusch said, that before the landlord could secure the scene, another resident of the boarding house went in and took pictures of the pools and splatters of blood in the room and posted them on social media.

"It doesn't help our investigation at all," Heubusch said. "It compromises our investigation."

He said he understands seeing those pictures online was very upsetting to family members.

"It's a shame there is no social norm anymore where people won't publish that on social media," Heubusch said. "It's absolutely ridiculous."

Ryan Macdonald is the property owner. He said he was notified at 6 a.m. by Batavia PD that he needed to secure the crime scene. He said when he arrived there was no door into Morgan's room and the window had been removed. Both were taken by investigators as evidence.

Removing Morgan's personal effects wasn't easy, Macdonald said, but that everything that could be returned to them was returned (at the scene this afternoon there were accusations that items were missing and that Morgan's laptop was found in the room of one of the parolees arrested, but Batavia PD could not confirm that information).

"I hate to say this but everything else in that room was covered in blood," Macdonald said. "Everything that was a health hazard, we had to clean or throw out. We had to throw out the bed. I own the bed but we had to throw out the bed. The sister wanted to go into the room but we had to bleach everything and clean everything. I spoke with a hazmat company and they came out and looked at the room and saw the work we did and they said we did what we were supposed to do."

At the start of the interview, Macdonald expressed his condolences for the family. 

"It's unfortunate that someone has died," Macdonald said. "My heart goes out to all of the family. They have lost a son, a child, a father, a brother."

It's days like today that being a landlord is especially difficult, he said.

"We all make choices and I chose to be a landlord but on days like this, I hate being a landlord because no matter what I do people will be mad at me," Macdonald said. "But I believe people can change. I believe people can become better. And that's why we rent to parolees."

Michael Elmore being taken into custody for an alleged parole violation.