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Law and Order: Batavia man accused of selling drugs to Task Force agent

By Howard B. Owens

Dustin L. Landin, 39, of James Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 5th. Landin is accused of selling a quantity of a controlled substance to an agent of the Local Drug Task Force on two occasions. He was jailed on $2,500 bail.

Antwan Maurice Maye, 35, of 10th Street, Butner, N.C., is charged with criminal possession of a controlled substance, criminal possession of marijuana, criminal use of drug paraphernalia, 2nd, and speeding. Maye was stopped for allegedly speeding on Ellicott Street Road in Pavilion at 2:51 a.m. Tuesday by Deputy James Stack.

Jeanna Marie Hattaway, 31, of West Main Street, Batavia, is charged with petit larceny and criminal possession of a controlled substance. Hattaway allegedly stole $114.09 worth of merchandise from Walmart at 3:01 p.m. on Tuedsay. At the time of her arrest, she was allegedly found in possession of a controlled substance without a prescription.

William Richard Kapelke, 36, of Hutchins Place, Batavia, is charged with trespass and aggravated unlicensed operation, 3rd. Kapelke was arrested following an investigation into a theft at Walmart reported at 3:01 p.m., Tuesday.

Edwin L. Stancliff, 39, of Corfu, is charged with menacing, 2nd, harassment, 2nd, and criminal possession of a weapon, 3rd. Stancliff is accused of menacing a person with a weapon at 10:30 p.m. Tuesday in the Town of Pembroke. The case was investigated by State Police. Stancliff was jailed. No further details released.

City ready to buy four more neighborhood cameras for police department

By Howard B. Owens

Members of the City Council responded favorably Monday night to a proposal by Police Chief Shawn Heubusch to purchase four additional cameras to mount in local neighborhoods that are sometimes trouble spots.

Such a camera may have produced vital evidence in a murder and shooting case on Central Avenue last month and Huebusch said the one camera the department owns has proven popular with residents wherever it's mounted.

"We've received a lot of positive feedback around the camera," Heubusch said.

City Council had already approved $3,300 for a second camera but after the Central Avenue incident and a community meeting in Kathy Briggs' ward two weeks ago, support has grown for additional cameras.

"I support the chief on this because this is a quality-of-life issue," Briggs said. "People need to feel safe in their neighborhoods."

With five cameras, the cameras will be mounted in more neighborhoods but they're also easy to move; a process, he said, that requires a bucket truck and a couple of the city's DPW workers and a couple of hours time.

While the cameras are not monitored all day every day, they do record events if evidence is needed and they act as a deterrent, the chief said. They also provide some peace of mind to residents who want quieter neighborhoods.

Heubusch had already sought estimates from three different vendors to supply the cameras and is now asking the council to approve purchasing four at $5,000 to $8,000 each.

The total request is for $28,000 -- the $3,300 already in the budget, about $5,000 from drug asset forfeiture funds, and $20,000 from the dedicated reserve fund.

The council will be asked to vote on a resolution approving the expenditure at its next business meeting.

"I don't care where we have to get this money but we have to get it for these cameras," said Councilwoman Rose Mary Christian.

Help needed in recovering stolen bike in Batavia

By Howard B. Owens

screenshot_20180611-144408.png

A reader reports this bicycle was stolen from his father about 1 p.m. yesterday. It was parked in front of the laundry on Ellicott Street in Batavia.

If found, spotted or you have information to help lead to its recovery, call Batavia PD at (585) 345-6350.

Law and Order: Man reportedly found lying in roadway at 3 a.m. charged with DWAI

By Howard B. Owens

Joshua David Sumeriski, 33, of Buffalo Street, Alexander, is charged with driving while ability impaired by drugs, uninspected motor vehicle, driver's view obstructed, and disorderly conduct. Sumeriski was charged after Deputy Mathew Clor responded at 3:21 a.m. Thursday to Transit Road, Bethany, to investigate a complaint of a man lying in the roadway.

Carrie A. Poray, 40, of Oatka Trail, Le Roy, was arrested on a warrant for alleged failure to appear. Poray was located by the Monroe County Sheriff's Office and taken into custody for failure to appear on two traffic tickets in City Court. Poray was ordered to pay a fine before her next court appearance and released.

Jordan S. Thomas, 19, of East Avenue, Batavia, was arrested on a warrant. Thomas is accused of failing to comply with conditions of supervised release. Thomas was arraigned and jailed.

Joseph D. Berry, 32, of Bank Street, Batavia, is charged with menacing, 2nd, and harassment, 2nd. Berry allegedly held a large rock and threatened to inflict bodily harm to a store clerk at 7-Eleven in Batavia at 8:15 p.m. on June 6. He was jailed on $2,500 bail.

Maya Samanta Wright, 23, of East Ridge Road, Rochester, is charged with harassment, 2nd. Wright allegedly struck a patron of a business on Park Road, Batavia.

Chelsea Lorraine McEwen, 19, of Fleetwood Drive, Brockport, is charged with harassment, 2nd. McEwen is accused of punching another person in the face during an argument reported at 8:53 p.m. Sunday at a location on Bloomingdale Road, Tonawanda Indian Reservation.

Laura Jean Santiago, 55, of Hundredmark Road, Elba, is charged with DWI and driving with a BAC of .08 or greater. Santiago was stopped at 8:56 p.m. Friday on Main Street Road, Batavia, by Deputy Mathew Clor.

William George Horner, 67, of Bank Street Road, Batavia, is charged with criminal obstruction of breathing and harassment, 2nd. Horner is accused of grabbing another person by the throat and applying pressure and pushing that person during an incident reported at 10 p.m. Friday on Bank Street Road, Batavia.

Todd A. Rich, 47, of Webster, and Justin T. Rich, 24, of Webster, are charged with unlawful possession of marijuana. The two men were stopped by State Police at 1:15 a.m. this morning on Route 19 in Le Roy.

Abandoned Suzuki motorcycle found in driveway of Pembroke home

By Howard B. Owens

Last night, State troopers from Erie County pursued a motorcycle at high speeds on Route 5.

The driver -- described as a white male with a black shirt and dark helmet (though there was also a description of a white helmet) -- doubled back at least once on Route 5.

About the time the driver was westbound into Genesee County again, the Erie County Trooper broke off pursuit. Sheriff's units searched the area but did not locate the motorcycle.

A deputy just now asked dispatchers about the pursuit. He said he received a call of a resident on Route 5 in Pembroke who found an abandoned Suzuki motorcycle in his driveway.

Grand Jury: Man and woman accused of selling drugs, possessing pot on Park Road, Batavia

By Billie Owens

Pierre M. Humphrey and Asia N. Fedrick are indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Jan. 16 in the area of Park Road, Batavia, that they knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, they are accused of the same crime, except the drug was heroin. In count three, they are accused of the same crime as in count one, except the drug was tablets containing codeine and acetaminophen (such as hydrocodone). In count four, they are accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing preparations, compounds, mixtures and substances containing cocaine and the aggregate weight of them was one-eighth ounce or more. In count five, the duo is accused of unlawful possession of marijuana, a violation. In count six, Humphrey alone is accused of criminal impersonation in the second degree, a Class A misdemeanor. It is alleged in count six that Humphrey "did impersonate another and did an act in such assumed character with intent to obtain a benefit or to injure or defraud another."

Law and Order: Rochester woman accused of drug possession after allegedly trying to steal vacuum

By Howard B. Owens

Kelly Lyn Widzinski, 35, of Reddick Lane, Rochester, is charged with criminal possession of stolen property, 4th, criminal using drug paraphernalia, 2nd, criminal possession of a controlled substance, 7th, and petit larceny. Widzinski is accused of trying to steal a vacuum cleaner from Target. During the investigation, she was allegedly found in possession of drugs and drug paraphernalia. Widzinksi was allegedly found in possession of stolen property unrelated to Target. She was jailed on $2,000 bail or $4,000 bond.

David W. Weadon, 31, of Telephone Road, Le Roy, is charged with: driving while ability impaired by drugs; driving while ability impaired by the combined influence of drugs; reckless driving; criminal possession of a weapon, 4th; unlawful possession of marijuana; consumption of alcohol in a motor vehicle; tailgating; failure to keep right; unsecured license plate; and unlawful stickers in windshield. Weadon was stopped by a Wyoming County deputy on Route 19, Covington, following a complaint about a vehicle being driven in an unsafe manner in the Town of Warsaw. Following the complaint and the deputy intercepted the vehicle and followed it. The deputy reported the driver was still operating in the same "aggressive" manner. During the traffic stop, Weadon was allegedly found to be drinking alcohol in the vehicle and in possession of an unlawful billy club. He reportedly failed a field sobriety test. He was evaluated for drug use and allegedly found to be impaired by multiple categories of drugs. 

Nicholas Peter Garbarini, 36, of East Main Street, Batavia, is charged with stalking, 4th. Garbarini was charged following a lengthy investigation into a series of incidents at Genesee County Mental Health. Garbarini was held without bail.

Jason Allen McFollins, of Union Street, Batavia, was arrested on a warrant. McFollins turned himself in. He is accused of failing to comply with a court-ordered program by missing a day of that program.

Ricky N. Porter Jr., 27, of Gilbert Street, Le Roy, is charged with aggravated harassment, 2nd. Porter was arrested on a warrant. He is accused of making alarming and threatening statements toward another person over the phone. He was jailed on $2,500 bail.

Raymond J. Radley, 52, of Liberty Street, Batavia, is charged with nine counts of criminal contempt, 1st. Radley is accused of violating a full stay away order of protection between February and May by repeatedly communicating with the protected party. He was jailed without bail.

John M. Carr, 21, of Rochester, is charged with unlawful possession of marijuana. Carr was stopped on the I-490 in Le Roy by State Police at 9:55 p.m. Monday.

Hannah S. Schreiber, 24, of Palmyra, is charged with obstructing governmental administration and disorderly conduct. Schreiber was arrested in connection with an incident reported at 7:22 p.m. Sunday on Alleghany Road in the Town of Darien by State Police. No further details released.

Man caught on Thruway with stolen, loaded handgun sent to prison

By Howard B. Owens

A former resident of Puerto Rico, Kentucky, and Indiana, with a pending serious felony charge in Indiana, who was just passing through Genesee County when he was caught with a stolen, loaded handgun, got little sympathy from Judge Charles Zambito yesterday.

The attorney for Alberto Santos, Michael Locicero, suggested his client might be a good candidate for a probationary sentence, but Zambito was skeptical that Santos would fulfill the terms of such an agreement.

He noted that on every one of the prior criminal cases for Santos in Kentucky and Indiana, a warrant had to be issued for Santos at some point when he failed to turn up in court at appointed times.

Santos pled guilty May 7 to charges of attempted criminal possession of a weapon, 2nd, and criminal possession of stolen property, 4th, and yesterday Zambito sent Santos to state prison for two years followed by three years probation.

A trooper arrested Santos after stopping him Feb. 4 for speeding on the I-90. He found a Sig Sauer Model SP2022 in the vehicle.

"I don't believe you didn't know the gun was stolen," Zambito said. "The fact you were driving 91 miles per hour with a loaded handgun on the Thruway says something about your character and your danger to the community."

Veteran with no prior criminal record given a chance to avoid prison on drug dealing charge

By Howard B. Owens
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    Keith Kendrick

One of two men suspected of setting up drug-dealing operations in a residence at 133 State St., Batavia, entered a guilty plea yesterday and faces a maximum possible prison term of more than five years.

Keith R. "Sosa" Kendrick, 26, of Viola Drive, North Chili, an Army reserve veteran, entered a guilty plea to attempted criminal possession of a controlled substance, 3rd.

This is his first criminal conviction and he was released under supervision (RUS) of Genesee Justice. If he does well on RUS, he may be eligible for a probationary sentence and avoid prison if he continues to avoid arrests.

Kendrick was arrested along with Denzel T. Hall, 25, of Stenwick Drive, Rochester, and Donna M. Fidanza, 48, of State Street, Batavia, following an investigation by the Local Drug Task Force.

Hall is charged with two counts each of criminal possession of a controlled substance, 3rd. 

Fidanza, the resident on State Street accused of allowing drug sales in her home, is charged with criminal nuisance in the first degree.

Gypsies may be working a distraction scam in the area

By Howard B. Owens

A recent theft of cash, jewelry, and prescriptions from a home on Batavia Elba Townline Road and another attempted similar burglary on Indian Falls Road over the weekend has gotten the attention of the Sheriff's Office and Chief Deputy Jerome Brewster says local residents should be on the watch for Gypsy scammers in their neighborhoods.

In the Townline Road case, a dark-skinned man came to the front door of a 96-year-old resident and said he was there to investigate a problem with a telephone line behind the house.

When the resident and the visitor went behind the house, two other people, who had apparently been hiding in the car, entered the house and stole items.

In the case on Indian Falls Road, a person knocked on the door and said he was there to see about cutting down some trees behind the house.  Somehow, he talked the resident into walking behind the house. At which point, at least one person entered the residence. In that case, nothing was stolen.

In both cases, the visitors arrived in a white Kia. The Kia is missing a front plate and likely has an out-of-state back plate.

Brewster said the operation matches a well-known scam run by Gypsies who pass through the area occasionally. He said they are most likely staying at a motel in a neighboring county. They don't usually stay in the county where they are conducting their scams.

They will approach residents, usually elderly residents, with any number of stories to try and talk the resident into walking to the back of the house so confederates can enter the residence and make off with whatever valuables they can easily grab.

While there have been no reports of similar crimes in the city, he said city residents should be vigilant for people who try to talk their way into basements.

He said he isn't sure how the Gypsies select their victims -- whether they case neighborhoods beforehand to identify elderly residents or if they acquire names and addresses online.

Brewster said residents who observe suspicious activity at a neighbor's house, such as one person going to the door and then going into the backyard, followed by two more people getting out of a car and entering the front door -- call the police.

Central Avenue murder suspect denied bail, shooting suspect's bail set at $100K, alleged gun provider's is $50,000

By Billie Owens

Three suspects were arraigned this afternoon in Genesee County Court for crimes stemming from a May 17 incident on Central Avenue in Batavia in which one man was stabbed to death and another man shot with a handgun. All pled not guilty to the charges.

Nathaniel D. Wilson Jr., 30, was ordered held without bail. He is charged with second-degree murder, which carries a maximum prison term of 25 years to life, and criminal possession of a weapon in the third degree.

He was in court represented by criminal defense attorney Fred Rarick, who made routine demands for discovery of evidence and the "bill of particulars" for the crimes alleged.

Motions in the case are scheduled for July 19; answers July 26; oral arugments at 1:30 p.m. Aug. 6.

Wilson made no statement in court.

He is accused of stabbing 41-year-old Jerry J. Toote to death in the confrontation between a group of people on Central Avenue.

Jennifer Urvizu-Hanlon, 48, was granted $50,000 cash bail or bond by Judge Charles Zambito.

She allegedly handed her revolver, which she is licensed to carry, to 17-year-old Samuel Blackshear that night and he, in turn, allegedly shot Wilson in the leg. The owner of La Mexicana store in the Valu Plaza is charged with two counts of criminal possession of a weapon in the second degree, both Class C violent felonies.

The District Attorney's Office asked that no bail be granted in her case and First Assistant District Attorney Melissa Cianfrini told the judge the defendant was harboring Blackshear in her home at the time of his arrest.

Urvizu-Hanlon's counsel, public defense attorney Marty Anderson, told the court his client is a 20-year resident of Genesee County and has been a small business owner here for six years. He noted further that she has no substance abuse issues and no criminal history.

Wearing bright lemon-lime jail clothes, Urvizu-Hanlon smiled wanly as she entered the courtroom with hands shackled at her waist. Petite, about 5' tall, she softly pronounced her name for the judge when prompted to do so.

Anderson asked that she be released into the custody of Genesee Justice.

Zambito said he would not release Anderson's client to Genesee Justice but allowed that bail was appropriate and he asked the people what bail they would prefer for Urvizu-Hanlon. The people suggested $50,000 and the judge agreed to that sum.

The judge also ordered Urvizu-Hanlon to surrender her gun(s) and informed her that her license to carry a concealed weapon in New York State was suspended.

"My client's ex-husband was in possession of a gun, both their names were on the permit, and he sold it," Anderson said. "I will provide documentation to the court as soon as possible."

Motions are set in the Urvizu-Hanlon case for July 19; answers July 26; oral arguments at 2 p.m. Aug. 6.

Blackshear is charged with attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree. He facees up to 15 years in prison.

A private attorney hired by his sister appeared with Blackshear in court, James Hinman.

Hinman asked for "reasonable bail" to be set for his client. He said he received the bail evaluation from Genesee Justice, provided to him by public defense attorney Michael Locicero, and noted that Blackshear has a misdemeanor case (criminal possession of a controlled substance) pending in Batavia City Court and two failure to appear citations.

Blackshear, tall and lanky with a prematurely furrowed brow, has extended family here and is a lifelong resident, his attorney said. About eight family members were in the gallery in a show of support for their kin.

Hinman disputed Cianfrini's claim that Blackshear was being harbored by Urvizu-Hanlon and said his client had been staying with his mother for a couple of days at a motel at the time of his arrest.

The teenager, if he is able to bail out of custody, would live with his father, Hinman said.

"He has no violent history," Hinman told Zambito.

The District Attorney's Office suggested bail be set at $100,000 and said Blackshear actually failed to appear on the misdemeanor in city court on three occasions not two -- March 28, April 17 and May 11 -- and the current charges are way more serious.

Hinman said his client witnessed the individual he is accused of shooting, stab his uncle, Toote, to death so "his behavior is not as egregious as Mr. Friedman would have the court believe." He suggested bail should be set at $25,000.

Friedman said it's not a matter of what he believes -- he reviewed the evidence and viewed the video of the incident -- and maintains there is "no valid self defense claim here."

Zambito said he is concerned about where the youth would live, his young age, his failure to appear three times on a misdemeanor charge.

The judge agreed to set the higher bail as requested by the people of $100,000 cash or bond.

Motions are due by July 20; answers by July 27; oral arguments at set for 1:30 p.m. Aug. 13.

Twenty arrests announced at Kendrick Lamar concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Kendrick Lamar Concert at Darien Lake Performing Arts Center on Sunday:

Jack E. Katzman, 20, Addison Drive, St. Catharines, Ontario, Canada, arrested for criminal mischief, 3rd, and criminal tampering, 3rd, after allegedly damaging a window to a Darien Lake camping trailer with his elbow and then entered a Darien Lake cabin and smeared blood on multiple surfaces. Jack was arraigned in Darien Town Court and jailed in lieu of $500 bail.

John K. Donnell, 19, Gulick Road, Naples, was arrested for harassment, 2nd, after allegedly pushing a Genesee County Sheriff’s Deputy. Donnell was arraigned in Darien Town Court and jailed in lieu of $100 bail.

Donovan M. McCann, 18, Cornell Avenue, Amherst, was arrested for trespass and unlawful possession of marijuana after allegedly attempting to reenter the concert venue after being ejected and told not to return and then was found to be in possession of a quantity of marijuana. McCann was arraigned in Darien Town Court and jailed in lieu of $500 bail.

(name redacted upon request), 22, Beilman Court, Hamburg, was arrested for criminal possession of a controlled substance, 7th, after allegedly being found in possession of cocaine.

Zachary J. Black, 21, Woodbine Avenue, West Seneca, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Graham S. Schild, 18, Chatham Woods, Pittsford, was arrested for criminal trespass, 3rd, after allegedly entering the concert venue after being ejected and told not to return.

Donald C. Bielefeld, 19, Humboldt Place, Depew, was arrested for criminal trespass, 3rd, after allegedly entering the concert venue after being ejected and told not to return.

Marissa L. Hayes, 19, Mark Drive, North Tonawanda, was arrested for criminal trespass, 3rd, and trespass after allegedly entering the concert venue after being ejected and told not to return twice.

Rani V. Patel, 18, Beresford Court, Williamsville, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Matthew J. Mruk, 20, Arrowood Lane, Orchard Park, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Matthew E. Poblocki, 20, North Transit Hill, Depew, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Allison J. Attea, 19, Lockhart Circle, Buffalo, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Hailey J. Miller, 18, Silent Meadow Lane, Orchard Park, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. 

Kathryn A. Clancy, 19, Charles Drive, Camillus, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Gordon H. Nelson, 21, Brookhaven Terrace, Rochester, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Bradley L. Logan, 18, Newton Road, Hamburg, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Alexander D. Jennings, 18, East River Road, Grand Island arrested for harassment, 2nd, after allegedly striking a Darien Lake medic inside the venue. 

Joshua J. Mase, 26, Farnsworth Avenue, Oakfield, was arrested for criminal trespass, 3rd, after allegedly entering the concert venue after being ejected and told not to return.

Lindsey E. Tomasak, 17, Transit Road, Orchard Park, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Alexis R. Skowron, 19, Hall Road, Elma, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Law and Order: Man accused of stealing money from lost wallet

By Howard B. Owens

Matthew J. Hyland, 38, of Canandaigua, is charged with petit larceny. Hyland was arrested following an investigation by a trooper into the theft of $103 from a wallet that had been accidentally left on a counter by a customer at the TA Travel Center in Pembroke. The customer reported returning for the wallet and finding $103 had been removed from the wallet. The trooper used video surveillance to help identify Hyland as a suspect. According to State Police, Hyland admitted to the larceny and stated he wanted to return the money to the owner. Hyland turned himself in to State Police at the Batavia Barracks.

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      Adam Arsenault

Adam J. Arsenault, 32, of Hutchins Street, Batavia, is charged with menacing a police officer, resisting arrest, and criminal possession of a weapon. Arsenault allegedly brandished a knife at police officers who were attempting to arrest him on a warrant. He was jailed without bail.

Scott David Beswick, 44, of Pratt Road, Batavia, is charged with criminal contempt. Beswick is accused of consuming alcohol at his residence in violation of a court order of protection.

Nathan Robert Arnold, 26, of Terry Street, Byron, is charged with criminal obstruction of breathing. Arnold allegedly obstructed the breathing of another man while engaged in a fight at 7:35 p.m. Wednesday at a location on Terry Street, Bryon.

Bleyke Z. Culver, 21, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to comply with court-ordered programs as part of his sentencing on a conviction. He jailed on $1,000 bail or $2,000 bond.

Latiqua S. Jackson, 24, of East Main Street, Batavia, is charged with criminal possession of stolen property, 5th, and conspiracy, 6th. Jackson was arrested on a warrant. Jackson is accused of pawning, trading or selling stolen property and that she was aided by at least one other person. She was jailed on $2,500 bail.

Luis Alberto Ramos-Mercado, 33, of South Main Street, Batavia, is charged with criminal trespass, 2nd. Ramos-Mercado is accused of entering another person's dwelling through a window without that person's knowledge or permission.

Edward R. Loper, 30, of West Main Street, Batavia, is charged with criminal possession of stolen property, 5th. Loper was arrested on a warrant while incarcerated in the Genesee County Jail on unrelated charges.

Nathen Edward-Donald Brege, 25, of Alleghany Road, Basom, was arrested on a warrant for alleged failure to appear for sentencing on a resisting arrest charge. He was jailed on $2,500 bail.

Matthew J. Florian, 29, of Slusser Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and following too closely. Florian was stopped at 11:18 p.m. Saturday on West Main Street, Batavia, by Officer Arick Perkins.

Southside residents share ideas about dealing with crime and neighborhood disruptions at community meeting

By Howard B. Owens

The message of a community meeting Thursday night at St. Anthony's on Liberty Street in Batavia was clear: The Southside community needs to pull together if residents want to reduce the risk of a repeat of what happened on Central Avenue the night of May 17 when one man was stabbed to death and another man was wounded by a bullet from a handgun.

The meeting was put together by Councilwoman Kathy Briggs with the participation of Batavia PD and more than three dozen people attended.

"Believe me when I tell you, we're doing something about this problem," Briggs said. "We're doing whatever we can, working with the police. We are going to eliminate this problem."

Before residents spoke, Chief Shawn Heubusch, Det. Kevin Czora and Assitant Chief Todd Crossett briefed people on what the police are doing and what has been done to address issues with disturbances on the Southside, especially recent hotspots on Central, Jackson, Watson, Thorpe, and Maple.

There are increased patrols, including foot and bike patrols, a camera on Central -- and the chief is asking the city to purchase more cameras -- and more support from the Sheriff's Office for increasing the frequency of patrols around Central Avenue.

There is brighter lighting on Central Avenue and Heubusch told residents that if there is a trouble spot and lighting needs to be increased, call the police department. He said National Grid has been responsive and helpful to requests for more lighting.

A primary message of Heubusch, Czora, and Crossett: If you see or hear something, say something. The police operate more successfully with community support.

"It takes people to step up and become part of the solution," Czora said.

Crossett said citizens sometimes see new problem areas before police.

"If you do not see patrols and are seeing problems, let us know," Crossett said. "We can expand the patrol area."

He also encouraged residents to call police if they know a person is on probation or parole and it appears they're not abiding by their terms of supervision.

Landlords were a big part of the discussion. Most landlords are cooperative, Heubusch said, but in response to residents who would like to see landlords get punished for the bad behavior of tenants, Heubusch said there's only so much the police can do.

The City has no say in who a landlord rents to, but in most cases, it's not the tenant causing the problems. It's the people visiting the area that cause the most problems.

That makes it hard to hold a landlord accountable. If a landlord is knowingly allowing criminal activity on his or her property, the landlord can be charged with criminal nuisance but that can be a hard case to make and sustain.

"The people causing problems are not the tenants of the property," Heubusch said. "They are visitors so it is hard to connect those dots."

Somebody suggested that landlords be fined if police are being called too frequently to a property but Heubusch said that expense or resulting hardship would roll back to tenants and discourage them from calling police when they need help. It might discourage, for example, calls for domestic incidents.

"We don't want to dissuade people from calling the police," Heubusch said.

He did mention that landlords have resources through the city to help them manage their properties better. For a fee, Batavia PD will run a background check on a potential tenant. For free, through a FOIL request, landlords can track police calls to the properties they own to see how much police activity their tenants are generating.

"For the most part, the landlords will deal with problems and are very willing to work with us," Heubusch said.

If citizens want troublemakers arrested, however, eyewitness accounts are critical to solving crimes and getting convictions.

"If there's a large disturbance a lot of times the parties involved don't want to cooperate," Heubusch said. "If there are third-party witnesses there is a better chance we can make an arrest. We go to these calls all the time where the victim won't cooperate. When it comes to prevention, we need eyewitnesses."

He said if a citizen sees something and wants to tell police, they can arrange with a dispatcher to meet an officer at the police station or for a phone interview to avoid people seeing an officer knock on a residence's door.

Councilman Bob Bialkowski asked what kind of incident should citizens report, and used an example of a large group walking down the street.

Heubusch said report criminal activity. If something seems suspicious, police will come and check it out, but that large group walking down the street could be just a bunch of kids talking loud.

Bernie Thompson suggested everybody can do their part to help the neighborhood. He had a problem with kids cutting across his yard, so he put a fence around his property and if they jump the fence, he said, "I've got two hungry bull mastiffs."

He said people shouldn't be afraid to call the police.

Carol Pietryzykowski said she is a landlord and takes care of her properties. She said the city needs to do more to take care of the Southside -- taking care of sidewalks, cleaning up streets, picking up trash at the parks.

"I think the city needs to take a little more pride in the Southside," Pietryzykowski said.

Debra Smith said there is also a role for parents to play.

"Some of these parents need to be responsible for their children," Smith said.

Residents expressed concern about local children growing up with parents who have criminal records and have spent, or are spending, time in jail and whether those children are getting sufficient direction in their lives. 

One of the last speakers was Pastor Marty Macdonald, from City Church, owner of the St. Anthony's property now. 

He talked about his own childhood, being homeless at 17, and growing up without parents, and the adults who influenced him not to give up. He said that's why St. Anthony's exist. He said every Tuesday there are 150 to 200 kids taking part in recreational activities at St. Anthony's and getting a free meal, courtesy of donations from Genesee County businesses.

"If we all paid a little more attention to these children, we would get great results," Macdonald said. "We have to change the culture. We have to be the leaders in our community.

He added later, "Instead of looking down, we need to lift their heads up and tell them, 'you're going to make it.' "

Law enforcement responding to report of person poaching turtle eggs in Alexander

By Billie Owens

Law enforcement responded to Cookson Road in Alexander and the vicinity to look for a green or light blue van whose driver was reportedly poaching turtle eggs. They are with the vehicle now.

The call to dispatch came from Department of Environmental Conservation "Officer Wilson," whose office received a recorded phone message tip about the alleged poaching. He has a 30-minute ETA to the scene.

The van's data comes back to an address on Buffalo Street in Attica and the female license holder "has a history of violations."

UPDATE 10:30 a.m.: "We are out with her and she has a bucket of eggs," says an officer. "She is the registered owner of the vehicle."

Law and Order: Brother charged in Oakfield woman's overdose death

By Howard B. Owens
wellsod20-18mug.jpg
      Daniel Wells

Daniel E. Wells, 29, of Royalton, is charged with criminally negligent homicide. Wells was charged following an investigation by the Niagara County Sheriff's Office Criminal Investigation Bureau and the Niagara County Drug Task Force. Wells is accused being with his sister, Christyna Wells, 34, of Oakfield, in the City of Niagara Falls Nov. 10 when she overdosed on an unspecified drug. Wells then drove his sister to the 9400 block of Ridge Road in Royalton before summoning medical assistance. Wells is currently being held in the Niagara County Jail without bail on unrelated charges.

Edward Ryan Loper, 30, of Pratt Road, Batavia, is charged with robbery, 2nd. Loper allegedly stole money from a victim while being aided by another person who caused physical injury to the victim. The incident was reported at 5:47 p.m. Sunday. Loper was jailed on $20,000 bail.

Brianna Renee Button, 22, of King Street, Albion, is charged with robbery, 2nd, and assault, 3rd. Button allegedly hurt a victim while working with another person to steal money from the victim. The incident was reported at 5:47 p.m. Sunday. Button was jailed on $10,000 bail.

William John Velky, 36, of Macomber Road, Oakfield, is charged with petit larceny. Velky is accused of stealing firewood from another person on Macomber Road, Oakfield.

Grand Jury: Man indicted for allegedly stealing 20-foot trailer in Alabama

By Billie Owens

Paul D. Rutherford is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on April 14 in the Town of Alabama, that Rutherford stole property exceeding a value of $1,000 -- a 2017 Eagle American 20-foot trailer.

Timothy O. Lee is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Nov. 28 in the Town of Le Roy that Lee knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that he knowingly and unlawfully possessed one or more preparation, compounds, mixtures or substances containing a narcotic drug and these had an aggregate weight of one-eighth of an ounce or more. In count three, the defendant is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count three that on Nov. 28 in the Town of Le Roy that he knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, he is accused of the same crime as in count three, involving a second child less than 17 years of age.

Gary D. Burney is indicted for the crie of second-degree burglary, a Class C violent felony. It is alleged that in the late evening on April 20 or early morning on April 21 that he knowingly entered or remained unlawfully inside a dwelling on North Spruce Street in the City of Batavia with intent to commit a crime.

Edward J. White is accused of the crime of promoting prison contraband, a Class D felony. It is alleged that on Dec. 26 in the Genesee County Jail that he knowingly and unlawfully possessed dangerous contraband -- alcohol. In count two, he is accused of the same crime for allegedly possessing a Bic lighter on Dec. 29. In count three, he is accused of the same crime again on Dec. 29 for allegedly possessing alcohol, two Gabapentin pills, four Strattera pills and four bupropion hydrochloride pills.

Brian T. Resch is indicted for the crime of criminal sale of a controlled substance in the fourth degree, a Class C felony. It is alleged that on Jan. 10 in the Genesee County Jail that the defendant knowingly and unlawfully sold an unspecified narcotic preparation.

Rebecca S. Hensel is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 29 in the Town of Batavia that she drove a 2010 Chevrolet on West Main Street Road while in an intoxicated condition. In count two, she is accused of DWI, per se, also a Class E felony, for allegedly having a BAC of .08 or greater at the time. In count three, Hensel is accused of speeding at the time, a violation of vehicle and traffic law. In Special Information filed by the District Attorney's Office, she is accused of having been convicted of misdemeanor DWI on June 15, 2011, in Batavia City Court and that conviction was within 10 years of the crimes allegd in the current indictment.

Former Stafford resident gets probation in Le Roy grand theft case

By Billie Owens

A Monroe County musician who used to live in Stafford was sentenced to five years probation this afternoon, less time already served on interim probation, for his role in a Le Roy grand theft case.

Jonathan E. Seiger, about 56, was indicted in February of 2017 on 18 counts -- 17 Class E felonies and one Class A misdemeanor -- for unlawfully possessing and using a female friend's bank debit card. The charges also included criminal possession of stolen property and conspiracy.

His former roommate, Scott H. Spencer, was a co-defendant in the case. Between Aug. 5 and 15, 2016, the duo used the debit card at an ATM machine, along with the friend's PIN identification, to withdraw $1,660.

Seiger, who is speech and/or hearing impaired and requires a sign language interpreter, appeared in Genesee County Court with his attorney, Clark Zimmermann. He said his client's half of the restitution has been paid.

A May 16 report from the Probation Department and one from Unity Mental Health were filed, finding Seiger to be largely compliant with the terms of his interim probation. The felonies were reduced to misdemeanors.

But there was a violation of interim probation -- failure to appear in court as ordered -- prompting today's court appearance. 

"I think there are some incorrect statements (in the report) by the Probation Department," Zimmermann said. "The Probation Department doesn't recommend giving probation a chance. Mr. Seiger has done what he was required to do."

Judge Charles Zambito set probation to expire on Aug. 29, 2022 and ordered an order of protection for the victim until May 29, 2026.

Spencer, who is also now living in Monroe County and on probation in the case, is responsible for $830 for his half of the restitution, but it has yet to be paid. However, a payment schedule has been set up.

Assistant District Attorney Kevin Finnell asked the court to make Seiger obligated for the balance due if anything should happen to Seiger's partner in crime and he becomes unable to pay it.

The clerk of the court spoke up and said the actual amount due the victim totals $1,743 -- not counting the check that a friend of Seiger's sent to the D.A. Office for Seiger's portion.

"She will be made whole," Zimmermann assured the court.

Zambito agreed to put in his ruling that Seiger is obligated to any restitution money due if Spencer defaults -- or dies. He also agreed to transfer the case to Monroe County Probation Department; ordered that a DNA sample be submitted to the state database; and called for a search of Seiger's property or person at anytime by Probation authorities, as requested by the people.

Zimmermann objected to the search clause, saying his client is not a drug offender, nor does he need treatment.

"It is overly intrusive," Zimmermann complained.

There was a brief conference at the bench at that point.

When the proceedings resumed, Finnell said he takes issue with a waiver of the search order; it is not related to any treatment concerns for the defendant.

"When he was taken into custody for failure to appear, in January, inappropriate material was found on his cell phone -- it was believed to be child porn," Finnell said. "(After investigation) none was found, but the browsing history showed a search for child porn. So the search conditions are warranted."

Zimmermann was silent.

The judge said he received concerns from Probation about their ability to properly supervise Seiger, and he said he also has concerns about that. He then specified that Seiger be ready at any time to have his person, residence or anything under his control subjected to a search by the Probation Department.

He will have to abide by a curfew.

The judge declined to require Seiger to inform an employer of his criminal history.

He will have to provide authorities with his employment and education records, and will have to submit to therapy should that be recommended. Seiger cannot possess firearms. He has to have a substance abuse evaluation and a mental health evaluation done within the next four weeks.

Seiger -- who is stoutish, about 5' 6" with dark curly hair -- wore a dark suit and white shirt to court. He will not be required, as was requested, to write a letter of apology to the victim.

The probationer can have no contact with former roommate Spencer, unless he clears it with the Probation Department first. Spencer sometimes books and manages music gigs, so he can't avoid him entirely and still make a living, his attorney explained.

Because he still has a matter pending in Genesee County Court -- "a penal law 130" unspecified sex offense case -- Seiger will be allowed to travel to and from the courthouse.

He has 30 days to appeal the judge's ruling.

"Good luck, Mr. Seiger," Zambito said.

Jackson Street resident accepts plea deal in drug case, will serve four years in prison

By Billie Owens

This morning Jonathan C. Hoges, 36, pled guilty to one count of criminal possession of a controlled substance in the third degree.

Deemed a two-time felony offender for upcoming sentencing purposes, he was in Genesee County Court because today was the cut-off date for a plea deal offered by the District Attorney's Office.

After a brief recess to discuss matters with his attorney, public defender Jamie Welch, Hoges agreed to serve a determinant sentence of four years in state prison, with two years of post-release supervision.

The Jackson Street resident was arrested on Aug. 11 last summer and charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. The native of Buffalo, who has a GED, was accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions. Following arraignment, he was jailed without bail and remains in custody.

He was previously convicted of attempted criminal possession of a controlled substance in the third degree in Genesee County Court on Feb.19, 2015.

Judge Charles Zambito ordered a pre-sentencing investigation report to be completed and sentencing is set for 1:30 p.m. June 29.

Hoges must abide by the terms of the plea agreement or face the possibility that the judge could impose the maximum sentence -- a 12-year determinant sentence with three years of post-release supervision.

Asked if he had any difficulty understanding the proceedings and terms, the portly Hoges told the judge "No, I know exactly what's going on."

Restitution of $100 must be paid, too, and he waived his right to appeal.

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