crime

NOTE: Story updated at 10 a.m. to include additional background on the murder.

In the nearly 13 years since his conviction for murder in the second degree in the bludgeoning death of his former business partner Joseph Benaquist, Scott F. Doll, now 60 years of age, has filed multiple appeals.

A judge will consider whether he can proceed with a new motion to vacate his May 2010 conviction at a hearing on Friday.

Shortly before 9 p.m. on Feb. 16, 2009, Doll was found by Deputy James Diehl walking on North Lake Road, Pembroke. Doll had what appeared to be blood on his clothing. Later blood was also found on a vehicle he had been driving. At trial, a blood spatter expert testified the pattern of blood on Doll's clothing and face was consistent with a physical altercation.

Sheriff's investigators responded, and Doll was detained and questioned.  Investigators felt convinced there was a human victim of a crime and wanted to know where that victim might be.

At 1:30 a.m., Benaquist's body was found in the driveway of his home. He had suffered head trauma, and there was a substantial amount of blood at the scene.

While investigators concluded a weapon had been used to beat Benaquist, no weapon was ever recovered.

Doll was prosecuted by now-retired District Attorney Lawrence Friedman, and Doll's lead defense attorney was Paul Cambria. The jury trial lasted from May 3 to May 20, 2010.  Doll was sentenced on July 2, 2010, by Judge Robert Noonan, now retired, to 15 years to life.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed this latest motion on Doll's behalf on Oct. 19.

The motion, which must show there is new evidence not available at trial, is largely based on an investigation conducted by a private investigator, Tony Olivio, of Buffalo, that included interviewing 18 witnesses, the review of hundreds of pages of police reports and documents, and collecting DNA samples from family members of Doll and Benaquist.

Deal argues that Monroe County Medical Examiner Scott F. LaPoint mistakenly testified at trial in 2010 that fingernail clippings from Benaquist were examined for evidence. That isn't new evidence. That issue was raised by Doll in a 2016 appeal, which he lost.  What is new, apparently, is that Olivio interviewed LaPoint as part of his investigation, and LaPoint had no clear explanation for why standard procedure wasn't followed in this case.

There was also third-party DNA found on the boot of Benaquist, a fact not discovered prior to Doll's murder trial. This, too, was part of the 2016 appeal.  The new evidence appears to be DNA tests that eliminate one of Doll's family members and two of Benaquist's family members as potential participants in the murder. It's not the DNA of any of these three people at the scene, making it likely, Deal argues, that an unknown person was at the scene when Benaquist struggled with his assailant.  

According to Deal, the fact that it wasn't a family member indicates it was somebody unknown to Doll, lending credence to the suggestion that Doll wasn't even at the scene at the time of the murder.

While forensic evidence indicates, Deal states, that Benaquist struggled with his assailant, Doll suffered no injuries the night of Feb. 19, 2009. 

The 2016 appeal was heard by interim County Court Judge Micheal F. Pietruszka. According to Deal, Pietruszka erred in his ruling by stating that the DNA sample was found on Doll's clothing and, therefore, would not have altered the jury's decision.

Pietruszka's ruling was appealed, and Doll lost each appeal.

Assistant District Attorney William Zickl states in his answering statement that there is really nothing new in this new motion.

"These claims are no more than a repacking and rebranding of the defendant's previous arguments, culled from his 2016 motion to vacate, which were rejected by the Genesee County Court and the Appellate Divison, Fourth Department, as well as the Court of Appeals," Zickl states. "Because no new evidence or circumstances have been identified by the defendant in this instant motion which would complete, or even suggest, that a new trial should be ordered, his application should be summarily denied."

Deal wants the third-party DNA sample sent to a national criminal DNA database, which could uncover a possible match with a person in the database, a motion opposed by the District Attorney's Office.

Zickl states that the conversation between Olivio and LaPoint sheds no new light on the case.  The DNA evidence, including the DNA tests of relatives, could have been presented at trial if the defense had made a motion to get all the DNA evidence from Benaquist's boot (the DNA spot wasn't discovered until more testing was ordered as part of the appeal process in 2015). 

The defense could have also uncovered at trial, with more diligence, that fingernail clippings were not taken by the Medical Examiner's Office, according to Zickl.

"Even if the evidence were admitted at trial, it would serve to merely impeach or contradict the previous testimony of Dr. LaPoint," Zickl states.

"The defendant has not established a possibility, let alone a probability, that this new evidence would have changed the result of the trial," Zickl continues. "At trial, the defendant took full advantage of the argument that the investigation was fatally flawed because the people did not request DNA testing of the victim's fingernail scrapings, which were believed at the time to exist. It strains logic to suggest now that there would have been any greater impact upon the jury had the defendant been able to argue that the investigation was fatally flawed because the Medical Examiner's Office had neglected to take the scrapings in the first place."

In a response to Zickl's argument, Deal takes issue with "the people's" position that the third-party DNA is "partial" or "minor" and that it may not even be from blood.  He said the Medical Examiner's report indicates it was blood, and a blood splatter expert said it could have only landed on the boot during a struggle between Benaquist and his assailant. 

As for the opportunity to have obtained the DNA sample before trial, that simply wasn't logically possible, Deal argues.

"The idea that somehow the defendant would know of that exact spot (that particular couple of centimeters) on the boot to be tested, as opposed to all of the other blood-drenched items -- and then would have discovered it before -- is particularly unreasonable. 

Deal believes that the new evidence combined with other facts that could be presented at trial could lead to a more favorable outcome for his client.

"This court is reminded that this is a circumstantial evidence case," Deal writes in his brief. "A crucial fact ignored by the people below is that there was a shoeprint in the snow found in the driveway where the victim was found, which was determined not to be from either the defendant or the victim.  A jury hearing new information about a third party's DNA being on the victim's clothing along with the discovery of a mysterious footprint at the crime scene, on top of the Medical Examiner's malfeasance, when combined with the fact that the 220-pound victim had defensive injuries on his hands while Mr. Doll suffered absolutely no injuries would certainly never be so unfazed as Judge Pietruszka would have us believe."

Doll, now housed at the Hudson Correctional Facility, has consistently maintained his innocence. He is eligible for his first parole hearing in December 2024.

Judge Sanford Church, of Orleans County, is hearing the motion because of Genesee County Judge Melissa Lightcap Cianfrini's conflict of interest in the case.  She was an ADA in the District Attorney's Office during the trial and subsequent appeals.

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

Evan Vanskiver Adam Montes

Two Monroe County men are again out of custody, released within the same 24-hour period that their alleged crime spree started, apparently because a local judge had no authority to set bail.

Evan Jacob Vanskiver and Adam John Montes were arrested early Monday morning and, in accordance with New York's current bail law, released on appearance tickets. A short time later, they were allegedly spotted in a stolen car, leading to a Batavia PD pursuit through multiple jurisdictions. 

That led to more charges, but at arraignment on Feb. 27, the date of all of these events, they were released on their own recognizance. 

It's impossible to say that they would still be in custody without bail reform, but local officials say the ease with which they regained their freedom is a product of bail reform.

For charges under a certain level, police officers can't bring a suspect before a judge for arraignment. The officers must write an appearance ticket.  And a judge, at arraignment, must set release conditions that are the least restrictive option available. That's the law.

District Attorney Kevin Finnell said if there had been an arraignment in pre-bail reform days, his office would have requested cash bail or bond be set.  It would have been up to a judge, who may also have heard a counter-argument from a defense attorney, to weigh the flight-risk factors in order to decide if bail was necessary to ensure the defendants would reappear in court as ordered at a later date.

"Prior to bail reform, the decision of whether to set bail would have, of course, rested with the judge, so I cannot advise you with any degree of certainty if these defendants would have been held on bail," Finnell said. "I can tell you that prior to bail reform, knowing the circumstances of this case, my office would have requested that bail be set, and we would have been optimistic that our request would have been granted."

Even though holding the defendants in jail after their initial arrest on Feb. 27 isn't a given, Batavia PD Chief Shawn Heubusch does see the case as a failure of bail reform, primarily because no judge was given a chance to make a decision. An appearance ticket was mandatory. 

The incidents involving Vanskiver and Montes began at 4:14 a.m. on Monday when dispatchers received a complaint of a theft from a vehicle on Church Street in Elba.

When Deputy Jeremiah Gechell arrived on scene, two men were spotted. They fled the area.  Deputy James Stack and K-9 Rayzor responded and commenced a search. A short time later, Vanskiver and Montes were located. They were allegedly in possession of a cache of stolen items. 

Both men were also accused of damaging a vehicle on Church Street while trying to gain access to it.

Deputy Travis DeMuth assisted in the investigation.

Vanskiver is 31 with a listed residence of Viking Way, Sweden, and Montes is reported by the Sheriff's Office not to have a residence. Batavia PD place Vanskiver's residence in Brockport and Montes in Hamlin.

In the Elba incident, the two men were both charged with criminal possession of a controlled substance in the fourth degree, a Class C felony, 14 counts of criminal possession of stolen property in the fourth degree, a Class E felony, criminal possession of stolen property in the fifth degree, a Class A misdemeanor, and criminal mischief in the fourth degree, a Class A misdemeanor.

In pre-bail reform days, not everybody charged with felonies was held.  In this case, however, the extenuating circumstances that a judge could have considered under the prior bail guidelines is that one of the defendants doesn't have a permanent residence and neither is from the local area. 

In an attempt to get a defense attorney's perspective on bail reform and its impact on this case, The Batavian emailed Public Defender Jerry Ader two days ago, and he did not respond.

According to Batavia PD, the two men were released from custody at the Genesee County Jail at 2:15 p.m. on Monday.

They were spotted in the allegedly stolen vehicle at 2:41 p.m. that same day on Ellicott Street near Liberty Street.

A patrol officer chased the vehicle down Route 5 to Wortendyke Road, where Vanskiver managed to avoid spike strips. 

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Further attempts to use spike strips to impede the vehicle were unsuccessful. 

According to a Batavia PD statement, the vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage Dumpster.

Vanskiver allegedly fled on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

They were arrested by Batavia PD and charged with:

Evan J. Vanskiver

• Criminal Mischief 3rd (Felony)
• Grand Larceny 3rd (Felony)
• Conspiracy
• Unlawful Fleeing of a Police Officer
• Aggravated Unlicensed Operation 2nd
• Multiple Vehicle and Traffic Law violations

Adam J. Montes

• Grand Larceny 3rd (Felony)
• Conspiracy

Following this second arrest, Vanskiver and Montes were held pending arraignment in the new Centralized Arraignment Court. They were arraigned later that same day, according to jail records, and ordered released on their own recognizance.

The incident prompted Assemblyman Steve Hawley to call on New York to revisit its current bail law.

“The revolving door of crime that has been established by bail reform continues to hinder and harm law-abiding citizens while giving career criminals a free pass,” Hawley said. “It’s high time for the Majority in the Assembly to help bring an end to this era of crime New York is continually besieged by. To continue to ignore it makes them part of the problem.”

Arrest warrants have once again been issued for a Batavia woman whose dog reportedly overdosed on narcotics after she reportedly failed to show up at an assigned rehabilitation facility.

Cassandra L. Elmore, 30, was arrested on multiple warrants by Batavia PD in early February and ordered held in jail on $100,000 bail.

After learning today that Elmore would not appear in City Court as scheduled today because an arrest warrant had been issued, The Batavian inquired with officials in the local criminal justice system about her case.

Through a FOIL request with the Sheriff's Office, The Batavian learned that Elmore was released on her own recognizance at 10:30 a.m. on Feb. 18 for a bed-to-bed transfer to a rehab facility.

Assistant District Attorney Jenna Bauer confirmed that Elmore is accused of never showing up at the facility, so a warrant was issued for her arrest.

Chief Shawn Heubusch said his officers are actively looking for Elmore.

There are two warrants for Elmore, Heubusch said.

One is dated Feb. 22 and is for failure to appear on obstruction of governmental administration 2nd and failure to comply with a court-ordered program. The second is dated Feb. 22 and is for failure to appear on charges of aggravated unlicensed operation 3rd, criminal possession of a weapon 4th, criminal use of drug paraphernalia 2nd, and failure to comply with a court-ordered program.

In addition to the charges underlying the two new warrants, Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey, a French Bulldog, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Legally, Elmore still owns Oddey, and the animal shelter must care for it without putting it up for adoption unless she signs over custody of the dog to the county or the case is resolved in a manner that permits her to again take possession of the dog.

Meanwhile, the dog she is accused of allowing to overdose on narcotics, Oddey, remains confined to the Genesee County Animal Shelter, where it has been held since June. The dog has reportedly adjusted to life in the kennel and is doing fine.

To contact Batavia PD with information on Elmore's whereabouts, call (585) 345-6370.

Previously: 

• Woman charged after dog treated repeatedly for narcotics overdose
• Vet told police Oddey was showing signs of drug intoxication during emergency visit
• Elmore asks for time to hire attorney while Oddey waits at shelter
• Warrant issued for woman accused of letting dog OD after she fails to appear in court
• Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop
• Woman in dog overdose case again fails to show up for court appearance
• OPINION: Due process often neglects animal victims
• Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail
• Dog abuse case postponed after VFA letter received
• Woman facing charges after dog ingested narcotics says 'real case' will come out
• Owner in dog OD case willing to discuss future of her dog while criminal case is pending
• Elmore misses another court appearance while Oddey remains at shelter
• Woman accused in dog OD case goes to courthouse, leaves before case is called, warrant issued

Marya B. Cole, 39, of Bank Street, Batavia, is charged with falsely reporting an incident and a false written statement. Cole is accused of reporting to police that her boyfriend had displayed a handgun to her on Feb. 22 and was subsequently walking on Ross Street in Batavia. Batavia PD responded and detained a male subject, and searched the area and did not find a gun. Cole allegedly signed a written statement attesting to her accusation. She reportedly later admitted lying to police about the gun. Cole was issued an appearance ticket.

Lorenzo Baker, 20, of Dellinger Avenue, Batavia, is charged with operating a motor vehicle while impaired by drugs, unlicensed operator, using cannabis in a motor vehicle and criminal contempt 2nd. Baker was stopped on Feb. 20 at a time undisclosed by police in the City of Batavia at a location undisclosed by police by Officer John Gombos. Baker is accused of driving without a license and of driving while smoking marijuana.  He was also allegedly in violation of a stay-away order of protection with the protected party in the vehicle at the time of the traffic stop. He was arraigned in Centralized Arraignment Court, and his release status is unknown.

An 18-year-old male from Washington Avenue, Batavia, is charged with criminal contempt 1st. The youth is accused of being involved in a disturbance at a location in the city not disclosed by police on Feb. 16. He was arraigned in City Court and released.

Lyndsay T. Young, 39, of North Main Street, Warsaw, is charged with criminal contempt 1st. Young was arrested on a warrant after allegedly contacting a person, violating a stay-away order. She was arraigned in City Court and ordered held on $1 bail.

Enrique J. Pellot, 42, of Avenue A, Rochester, is charged with menacing 2nd, criminal possession of a weapon 3rd and coercion 3rd. Pellot is accused of using a knife to threaten a woman in the parking lot of Batavia PD on Feb. 15. Pellot was arraigned in Centralized Arraignment Court, and his release status is unknown.

Christine M. Caplis, 42, of Clinton Street Road, Batavia. Caplis is accused of failing to appear in court as ordered on Nov. 5, 2021, to answer to a charge of theft of services. He was arrested on Feb. 18 on a warrant. Prior to this arrest, he was arrested five prior times, according to police, on warrants issued on Dec. 28, 2021, June 26, 2022, Aug. 13, 2022, Sept. 18, 2022, and Oct. 7, 2022. He was arraigned in Centralized Arraignment Court, and his current release status is unknown.

Christopher H. Monfort, 50, of Hidden Valley Trail, Webster, is charged with switched license plates, aggravated unlicensed operation 2nd and criminal possession of a controlled substance. Monfort was arrested on Feb. 18 after Officer Joseph Weglarski was dispatched to a local gas station to investigate a report of a vehicle parked at the pumps for about an hour. Monfort was issued an appearance ticket. Anna L. Roberts, 35, of Lincoln Road, East Rochester, and Jose M. Baez, 41, of Lake Avenue, Rochester, are also charged with criminal possession of a controlled substance.

Henry L. Banks, 52, of Vine Street, Batavia, is charged with operating a motor vehicle while impaired by drugs. Banks was topped on Feb. 21 at a location in the City of Batavia not disclosed by police by Officer Wesley Rissinger. Banks allegedly failed a field sobriety test. He was issued traffic tickets.

Paul A. Inostroza, 32, no permanent address, is charged with two counts of criminal contempt 2nd. Inostroza, already in custody on an unrelated charge, was arrested on Feb. 21 on a warrant that stems from a disturbance reported in the City of Batavia at a location not specified by police on Dec. 23.  He was ordered held on bail.

Christine M. Sanchez-Anderson, 34, of E Main Street, Batavia, is charged with failure to appear. Sanchez-Anderson was arrested on Feb. 16 on a warrant. On Oct. 4, Sanchez-Anderson was charged with obstructing governmental administration and issued an appearance ticket. She was accused of running from police when officers attempted to arrest her on previous warrants. She was held pending arraignment.

Kelly J. Mungo, 47, of East Main Street, Batavia, is charged with petit larceny. Mungo is accused of shoplifting at a local convenience story (location unspecified by police) and issued an appearance ticket.

Tiesha D. Smith, 36, of Montclair Avenue, Batavia, is charged with criminal contempt 2nd. Smith is accused of failing to respond to a subpoena as a witness in a case heard in City Court on Aug. 19 and was arrested on a warrant on Feb. 16. Smith was arraigned in Centralized Court, and her current release status is unknown.

Patrick J. Woodrich, 52, of West Main Street Road, Batavia, is charged with Failing to exercise due care to avoid pedestrian, operating a motor vehicle without insurance, failing to stop at a stop sign and improper right turn, failing to keep right on a two-lane road, and leaving the scene of an accident. Woodrich is accused of striking a pedestrian on Washington Avenue on July 24 and leaving the scene of the accident. He was arrested on a warrant on Feb. 16. He was arraigned in City Court and released on his own recognizance.

Ashley J. Delong, 36, of Rolling Circle, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and no tail lights. Delong was stopped in the City of Batavia at a location unspecified by police by Officer John Gombos. Delong was issued an appearance ticket.

Misty R. Schutt, 33, of Exchange Street, Attica, is charged with criminal possession of a controlled substance and failing to stop at a stop sign. Schutt was arrested on Feb. 7 following a traffic stop in the City of Batavia at a location unspecified by police by Officer John Gombos. She was allegedly found in possession of crack cocaine. She was issued an appearance ticket.

Christian Philip Voigt, Jr., 23, of Valle Drive, Batavia, is charged with criminal mischief 3rd and harassment 2nd. Voigt is accused of damaging property and placing his hands on another person during a disturbance reported at 11:16 a.m. on Feb. 26 at a location on Valle Drive, Batavia. He was held pending arraignment. 

Evan F. Maynard, 22, of Batavia, is charged with falsely reporting to a law enforcement officer 3rd. Upon an investigation into a report by Maynard into a crime, Investigator Joseph Loftus reportedly found that Maynard made a false report and that he pawned several items at a pawn shop on Feb. 25. Maynard was issued an appearance ticket.

Gary Michael Herrmann, Jr., 44, of Caswell Road, Byron, is charged with DWI and driving with a BAC of .08 or greater. Herrmann was stopped at 3:30 p.m. on Feb. 27 on Caswell Road, Byron, following a report of a disturbance by Deputy Zachary Hoy. He was issued traffic tickets.

Allison A. Gersbach, 33, of Manchester, is charged with grand larceny 4th. Gersbach was arrested on Feb. 28 by State Police in connection with an incident reported at 7:13 p.m., Aug. 16, in the Town of Batavia. Gersbach was issued an appearance ticket. No further details released.

Jason L. Lincoln, 46, of Albion, is charged with criminal possession of stolen property 3rd and aggravated unlicensed operation 1st. Lincoln was arrested by State Police at 3:19 p.m. on Feb. 26, in Elba. Lincoln was ordered held in custody. No further details released.

Press release:

Evan Vanskiver Adam Montes

At 2:41 PM, Batavia Police were dispatched to the intersection of Bank Street and North Street for the report of a stolen motor vehicle.

The vehicle was located on Ellicott Street near Liberty Street by a patrol. The patrol attempted to stop the vehicle, and the vehicle fled to West Main Street and continued westbound out of the city.

The stolen vehicle was involved in a collision with another vehicle on Route 5 near Wortendyke Road when it avoided a set of tire deflation devices (spike strips) that were deployed by a deputy with the Genesee County Sheriff's Office; however, the stolen vehicle continued.

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Numerous attempts were made to deploy spike strips; however, the stolen vehicle was able to avoid them each time. 

The vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage dumpster, the driver then fled from the vehicle on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

The driver is identified as Evan J. Vanskiver, 31, of Brockport. The passenger is identified as Adam J. Montes, 38, of Hamlin. Both suspects were arrested previously in the day by the Genesee County Sheriff's Office following a larceny investigation in Elba and were released from the Genesee County Jail at approximately 2:15 PM due to NYS Bail Reform legislation.

Current Charges:

Evan J. Vanskiver

• Criminal Mischief 3rd (Felony)
• Grand Larceny 3rd (Felony)
• Conspiracy
• Unlawful Fleeing of a Police Officer
• Aggravated Unlicensed Operation 2nd
• Multiple Vehicle and Traffic Law violations

Adam J. Montes

• Grand Larceny 3rd (Felony)
• Conspiracy

"Officers of the Batavia Police Department exercised appropriate care and caution during a dangerous situation, taking into account the road conditions as well as traffic conditions while attempting to catch a fleeing felon", stated Police Chief Shawn Heubusch, "Officers are highly trained to ensure that the risk of pursuing any individual or vehicle does not outweigh the risk to the community. They should be commended for bringing this situation to a safe conclusion."

The defendants are being held at the Genesee County Jail pending arraignment in Centralized Arraignment Court.

Officers of the City of Batavia Police Department were assisted by members of the Genesee County Sheriff's Office, the Genesee County 911 Center, the New York State Police, Corfu Police Department, Village of Attica Police Department, and Attica Ambulance service.

Ronnel Simien Agee, Jr., 20, of Depew Street, Rochester, and  Jaquel Rashod Gibson, 21, of Rochester, are charged with criminal possession of stolen property, reckless endangerment 1st, unlawful fleeing a police officer in a motor vehicle, 3rd, and obstructing governmental administration 2nd. Agee and Gibson are accused of fleeing from Deputy Kevin Quackenbush in a stolen 2022 Jeep Cherokee after Quackenbush attempted a traffic stop on Route 33 in Stafford at 8:16 p.m. on Feb. 16. The pursuit continued through Bergen, RIga, Chili, and into the Town of Le Roy, where Le Roy PD deployed spike strips. The vehicle stopped on Randal Road and Agee is accused of running from the vehicle on foot. He was taken into custody a short time later. Both men were held pending arraignment.

Brian Tyler Stachewicz, 27, of Porter Avenue, Batavia, is charged with offering a false instrument for filing 1st. Stachewicz is accused of providing false information on a pistol permit application filed on Aug. 22. He was arrested on Feb. 21 and released on an appearance ticket.

Michael John Vanbuskirk, 49, of Union Street, Le Roy, is charged with bail jumping 3rd. Vanbuskirk is accused of failure to appear in court as ordered on a felony charge and then not turning himself in within 30 days. Vanbuskirk was released on an appearance ticket. 

Kevin Michael Monell, 31, of Horan Road, Medina, is charged with petit larceny.  Monell is accused of stealing a carton of cigarettes from a smoke shop on the Tonawanda Indian Reservation on Feb. 23. He was released on an appearance ticket.

Andrea Michelle Kreutter, 33, of East Bethany Le Roy Road, Bethany, is charged with criminal possession of a controlled substance 7th and driver's view obstructed. Kreutter was arrested on Feb. 22 and accused of possessing illegal narcotics during a traffic stop by Deputy Nicholas Chamoun at 11:50 p.m. on May 13 on East Main Street Road, Batavia. She was ordered to appear in Town of Batavia Court on March 14.

Justine Denae Wood, 36, of Washington Avenue, Batavia, is charged with bail jumping 3rd. Wood is accused of failing to appear in Town of Stafford Court on a criminal matter on Jan. 23.  She was arraigned and ordered held on $2,000 bail.

Jayne B. Liotto, 63, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Liotto was reportedly involved in a single-vehicle accident at 1:01 a.m. on Feb. 24 on Drake Street Road, Elba. The accident was investigated by Deputy Jeremiah Gechell. Liotto was released on an appearance ticket.

Hector Yaidal Hernandez, 22, of Ridgeway Avenue, Rochester, is charged with DWI and speeding. Hernandez was stopped 3:34 a.m. on Feb. 25 on Apple Tree Avenue in Bergen by Sgt. Mathew Clor. He was released on an appearance ticket.

Press release:

“At approximately 7:39 a.m. on Friday, February 24th, officers from the Batavia City Police Department and the Genesee County Sheriff’s Department responded to a phone call in which a threat was made against John Kennedy Intermediate School on Vine Street in the City of Batavia.

“Even though Batavia schools are on break for the week, officers from both departments and the New York State Police immediately responded on scene as any type of threat of this nature is taken very seriously.

“As a precaution, officers checked all the schools in the city school district and schools across Genesee County to ensure the safety of students and staff," Batavia Police Chief Shawn Heubusch said.

“It is still early in our investigation, but we have determined the threat to John Kennedy Elementary School not to be credible. It has been reported that similar threats have been at other school districts across New York and nationally.

“We appreciate the cooperation and assistance of the Batavia City School District on this matter as we continue our investigation with our law enforcement partners at the local, state, and federal levels on our investigation.

“People making these types of threats should know they will be prosecuted to the fullest extent of the law.”

Latoya D. Jackson, 37, of State Street, Batavia, is charged with resisting arrest while being arrested on four bench warrants. Officer John Gombos arrested Jackson on four warrants issued by City Court.  Jackson was a passenger in a traffic stop.  While officers were attempting to arrest Jackson, she allegedly refused to comply with verbal commands and resisted being handcuffed.  The first warrant stemmed from an incident on June 20, on State Street, where Jackson was charged with harassment 2nd and released on an appearance ticket, after which she allegedly failed to appear.  The second warrant was issued after Jackson was arrested on a charge of criminal contempt 2nd on June 28 for an incident on East Main Street for which she reportedly failed to appear.  The third warrant was issued for a trespass arrest on July 8 at an apartment complex on East Main Street, resulting in another appearance ticket.  The fourth warrant was issued after Jackson was arrested on Aug. 28 on a charge of criminal contempt 1st, endangering the welfare of a child, and harassment 2nd during an incident on State Street.  Jackson was arraigned in Centralized Arraignment Part Court on Feb 11 and released on her own recognizance. 

Joseph C. Jeffords, 31, of Chestnut Street, Batavia, is charged with criminal possession of a controlled substance 7th. Jeffords was arrested on a warrant out of City Court on Feb. 6 and released on his own recognizance.

Raymond J. Vickers, 55, of Dellinger Avenue,  Batavia, is charged with petit larceny and harassment 2nd. Vickers was arrested on Feb. 2, unspecified time, following an incident at a local business. He was issued an appearance ticket.

Jason S. Neth, 28, of Alleghany Road, Corfu, is charged with DWI, suspended registration and speeding. Neth was stopped on Feb. 5 at an unspecified time at an unspecified location in the City of Batavia by Joseph Weglarski. He was issued an appearance ticket.

Amber L. Turner, 29, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th and unlicensed operator. Batavia PD K-9 Batu was reportedly alerted on Turner's car during a traffic stop on Feb. 10 at an undisclosed location in the City of Batavia, and she is accused of possession of crack cocaine.  She was issued an appearance ticket.

James N. Difalco, 26, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Batavia PD K-9 Batu was reportedly alerted on a vehicle Difalco was riding in during a traffic stop on Feb. 10 at an undisclosed location in the City of Batavia, and Difalco is accused of possession of crack cocaine.  He was issued an appearance ticket.

Jason R. Anderson, 41, of Batavia, is charged with robbery 1st, criminal possession of a weapon 3rd, petit larceny, and criminal mischief 4th. Anderson is accused of displaying a knife during a robbery at an undisclosed business on Veterans Memorial Drive on Jan. 23 at 6:36 p.m. The suspect in the robbery fled the scene before deputies arrived. Following an investigation, Anderson was identified as the suspect. He was arrested without incident on Jan. 30. He was arraigned in town of Batavia Court and ordered held on $10,000 bail or $20,000 bond. The petit larceny and criminal mischief charges stemming from an incident on Jan. 3 at the same location. He is accused of cutting a chain lock on an electric bicycle and stealing the bicycle. 

Tiffany Marie McAllister, 32, of West Main Street Road, Batavia, is charged with assault 2nd. McAllister was arrested Feb. 13 in connection with an incident reported at 11:30 p.m. Jan. 28, at a location on West Main Street Road, Batavia. McAllister was arraigned and released on her own recognizance.

Zachary Russell Reed, 32, of West Main Street Road, Batavia, is charged with assault 2nd. Reed is accused of an assault reported at a business in the Town of Batavia on Jan. 28 at 10:30 p.m. He was arrested Feb. 13 and released on his own recognizance following arraignment.

Alyssa Michele Harnish, 34, of West Main Street, Road, Batavia, is charged with harassment 2nd and endangering the welfare of a child. Harnish is accused of striking a child during a disturbance reported at 10:19 p.m. on Feb. 12 at a location on West Main Street Road, Batavia. Harnish was processed at the Genesee County Jail and released on her own recognizance.

Megan June Courtney, 26, of West Main Street Road, Batavia, is charged with two counts of grand larceny 4th. Courtney is accused of stealing a debit card and using the debit card to make purchases in excess of $1,800. She was issued an appearance ticket.

Michael John Szustakowski, 34, of Alexander Road, Attica, is charged with felony DWI, obstructing governmental administration 2nd, speeding, and open alcoholic beverage in a motor vehicle.  Szustakowski was stopped by Sgt. Mathew Clor at 8:07 p.m. on Feb. 10 on Clinton Street Road, Bergen. He is accused of attempting to flee on foot through the backyard of a residence. He was apprehended after a foot pursuit. He was arraigned in Centralized Court. His release status was not disclosed.

Tasha Lynn Horton, 41, Dry Bridge Road, Alexander, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to exercise due care to avoid a collision with an emergency vehicle, moving from lane unsafely, and drinking alcohol in a motor vehicle. Horton is accused of driving drunk and nearly striking a patrol vehicle on a traffic stop on Feb. 12 at 1:50 a.m. on Route 33 in Bergen. Horton was arrested by Deputy Zachary Hoy.

Kevin Lysie Richardson, 49, of Tempest Street, Perry, is charged with falsifying business records 1st and attempted criminal purchase or disposal of a weapon. Richardson is accused of attempting to purchase a firearm he was ineligible to possess on Dec. 23 at 12:30 p.m at a location on Veterans Memorial Drive. He was issued an appearance ticket.

Joseph Carl Jeffords, 31, of Chestnut Street, Batavia, is charged with petit larceny. Jeffords is accused of shoplifting at Kohl's Department Store in Batavia.  He was released on an appearance ticket.

Raeshawn S. Robinson, 25, of Fairbanks Street, Rochester, is charged with criminal contempt 2nd, insufficient tail lamps, no seat belt, and failure to use four-way flashers. Robinson was stopped by Deputy Ayrton Blankenberg on Route 63 in Alabama on Feb. 12 at 12:27 a.m. He was arraigned in Centralized Court. His release status was not disclosed.

Demetrius J. Coleman, 27, Highgate Avenue, Buffalo, is charged with petit larceny.  He is accused of stealing a BB gun from Dick's Sporting Goods in Batavia at 2:49 p.m. on Feb. 10. he was arraigned in City Court and ordered to appear in Batavia Town Court on March 2.

Zakara Rose Jackson, 19, of Trumbull Park, Batavia, is charged with promoting prison contraband 1st. Jackson is accused of bringing a crack pipe into the Genesee County Jail at 7:13 a.m. on Feb. 5. Jackson was arraigned in Centralized Court. Her release status was not disclosed.

Caleb Richard Swendsen, 28, of Akron Road, Pembroke, is charged with criminal possession of a controlled substance 7th. Swendsen is accused of possessing a crystal rock-like substance and drug paraphernalia in his vehicle at 11:22 on Feb. 12 at a location on Main Street, Oakfield. Swendsen was arrested by Deputy Jacob Kipler and issued an appearance ticket.

John Mitchell Francis, 29, of South Main Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, driving a vehicle with no tail lamps, no plate lamp, and failure to notify DMV of an address change.  Francis was stopped at 10:09 p.m. on Feb.11 on Clinton Street Road, Bergen, by Deputy Jonathan Dimming. He was issued traffic tickets and released to a third party.

Ethan Mitchell Conrad, 22, of South Main Street Road, Batavia, is charged with felony DWI, moving from lane unsafely, and failure to dim headlights.  Conrad was stopped at 10:25 p.m. on Feb. 16 on South Main Street Road, Batavia, by Deputy Zachary Hoy. He was issued traffic tickets and released.

John James Petti, 33, of Hawley Street, Lancaster, is charged with DWI, driving with a BAC of .18 or greater, consumption of alcohol in a motor vehicle, and no headlamps. Petti was stopped at 10:37 p.m. on Feb. 18 on West Main Street Road, Batavia, by Deputy Ayrton Blankenberg.  Petti was processed at the Genesee County Jail and released on appearance tickets.

Jerwan B. McFarley, 37, of Rochester, is charged with criminal mischief 4th and acting in a manner injurious to a child, two counts. McFarley was arrested by State Police in connection with an incident reported at 8:34 p.m. Feb. 16 in the Town of Stafford. McFarley was ordered held on bail. No further details released.

Agents of the State Police Bureau of Criminal Investigations are seeking the public's assistance in identifying the man in the surveillance photo taken at Dick's Sporting Goods in Batavia.

Investigators seek to question the man in connection with thefts at the store.

He's also wanted for questioning in connection with similar thefts in the WNY area.  He may be driving an older, gray, Toyota Tundra.

The State Police can be contacted at (585) 344-6200

Arthur Brown

Arthur J. Brown, 46, of Britton Road, Rochester, is charged with criminal possession of a controlled substance with intent to sell, criminal possession of a controlled substance 3rd, obstructing governmental administration, resisting arrest, and tampering with evidence. Brown was reportedly the subject of a traffic stop on Jan. 31 by Officer Wesley Rissinger at an unspecified location in the City of Batavia. He allegedly fled on foot from his vehicle and attempted to hide a quantity of cocaine in a bush. Brown was arrested and arraigned in Centralized Court and ordered held in the Genesee County Jail. (Previously: Le Roy man in 'shots fired' case accepts plea deal)

Cassandra L. Elmore was arrested on warrants stemming from previous charges after she allegedly failed to appear in court as ordered. She was arrested on Aug. 30 on charges of criminal possession of a weapon, obstructing governmental administration, aggravated unlicensed operation third, operating a motor vehicle without inspection, and two counts of criminal use of drug paraphernalia. On Sept. 10, she was charged with obstructing governmental administration. Elmore was ordered held on $100,000 bail, $100,000 bond, or $250,000 partially secured bond.

Cordero L. Royes, 35, of West Main Street, Batavia, is charged with criminal contempt 2nd and burglary 2nd. Royes accused of violating a stay-away order of protection.  Officer Stephen Quider reportedly found Royes in a residence he wasn't allowed to enter. Royes was arraigned in City Court and jailed without bail.

Jarrod K. Fotiathis, 28, no permanent residence, is charged with burglary 2nd, petit larceny and identity theft 2nd. Fotiathis is accused of entering another person's residence, stealing property and personal information and then using the personal information to defraud the victim. Fotiathis was arraigned in City Court and ordered held on $2,000 bail, $5,000 bond.

Toni B. Crenshaw, 30, of Church Street, Lockport, is charged with felony DWI, felony driving with a BAC of .18% or greater, and failure to keep right. Crenshaw was stopped at an unspecified location in the City of Batavia on Feb. 4 by Officer John Gombos. Crenshaw was released on an appearance ticket.

Jonathan K. Banks, 30, of Park Road, Batavia, is charged with resisting arrest, criminal possession of a controlled substance 7th, tampering with physical evidence and obstructing governmental administration. During a traffic stop by Officer John Gombos on Jan. 31, Banks was allegedly found in possession of crack cocaine.  He allegedly attempted to flee on foot and fought with officers before being taken into custody. Banks was arraigned in Centralized Court and held in the Genesee County Jail.

Nikita N. Shook, 36, of East Main Street, Batavia, was arrested on three warrants out of City Court. She was arraigned in City Court and ordered held until her next court appearance.

A 16-year-old girl from Albion is charged with harassment 2nd. The girl was allegedly involved in a fight with another juvenile on Cherry Street in Batavia on Jan. 24. She was issued an appearance ticket.

Salvatore M. Motisi, 68, of Woodland Avenue, Farmingdale, is charged with DWI. Motisi is accused of driving his car over an embankment on an undisclosed street in the City of Batavia on Feb. 1.  He was arrested by Officer Wesley Rissinger and released on an appearance ticket.

Jenna L. Josephite, 34, of West Main Street, Batavia, is charged with trespass. Josephite is accused of being in a local residence without permission on Feb. 4. Josephite was issued an appearance ticket.

Aamir K. Holloway, 23, of East Main Street, Batavia, is charged with harassment 2nd. Holloway was arrested on Feb. 6. No further details released. Holloway was issued an appearance ticket.

Zakara R Jackson, 19, of Trumbull Parkway, Batavia, was arrested on a warrant issued by the BCC and additionally charged with criminal possession of a controlled substance 7th. Jackson is accused of failure to appear as ordered on a previous arrest. She was held in the Genesee County Jail pending arraignments.

Route 33, passing through Batavia, Stafford, Le Roy, and Bergen, is a favorite patrol corridor for local law enforcement.  Traffic stops along the corridor frequently lead to arrests, such as DWI, narcotics, or stolen property, and once in a while, perhaps it might lead to officers uncovering potentially bigger crimes.

Deputies Kenneth Quackenbush and Nicholas Chamoun aren't quite sure what they uncovered when they stopped North Carolina resident Michael Alan Jones and a passenger from Rochester when the officers encountered his vehicle on March 19 in Le Roy, but the involvement of the Joint Terrorism Task Force (JTTF) the evening of the arrest and the FBI eventually taking over the case suggests Jones wasn't just another guy with an illegal firearm. 

Yes, the two deputies were just doing their job, but part of the job satisfaction of being a police officer is knowing that you might have made a difference, even if you don't know what may have changed because you did good police work.

"There's certainly a sense of satisfaction that we know that we're a part of something larger, though we probably won't ever know what that was," Quackenbush told The Batavian. "But at the end of the day, you know, we don't know why they were here. We don't know what they were doing. And based on their behavior, it was something not good. And so we were able to intervene in that and at least delay plans if nothing else."

What Quackenbush and Chamoun found in a car owned and operated by Jones was a Palmetto State Armory AR15 .223 caliber rifle and a 30-round magazine.  That was enough for a SAFE Act-related arrest.

They also found, according to police documents, officer statements, and video from the scene, two brand new compound bows, tactical combat casualty care gear, casualty care manuals, handwritten copies of the Russian alphabet, right-wing extremist literature, assorted paramilitary gear, two-way radios, along with bolt cutters, a crowbar and gloves in a backpack.

"There was definitely a lot going on there that raised a lot more questions," Chamoun said. "None of those are in and of themselves a crime, but it kind of raised our questioning."

Even so, given the officers' training and experience, they weren't trying to uncover a terrorist plot during the traffic stop -- an agent of the JTTF would explore that while questioning Jones later back at the Sheriff's Office -- they were more focused on the potential for possession of stolen items, drugs, illegal firearms, or just what crime one of them might have committed that made them so nervous about talking with the deputies.

While 24-year-old Jones was accused of violating the SAFE Act, he was never prosecuted locally. Soon after his arrest, he was charged with a federal crime because he was a felon in possession of a firearm. He pleaded guilty in federal court and is expected to be sentenced on May 16.

Reporter Jordan Green, of Raw Story, picked up on the arrest of Jones because of his interest in the Jan. 6, 2021 insurrection in Washington, D.C., which Green has reported, Jones participated in (at least in the march), and he has identified Jones as a member of the Proud Boys and Patriot Front.

Given the interest in Jones by federal authorities and his potential involvement in extremist political groups, and the fact he was arrested locally, The Batavian requested from the Sheriff's Office through the Freedom of Information Law the arrest and investigation-related documents as well as body-worn camera footage of all law enforcement interactions with Jones and his passenger.

Federal authorities also expressed a strong interest in the man who was with Jones, but Green told The Batavian he has yet to uncover any ties between that man and any extremist organizations. The Batavian in its own search did not find any connection. Because he is not facing any criminal charges at this time, The Batavian is withholding his name and blurred his likeness in the accompanying video.

That's weird, right?
At 4:36 p.m. on March 19, Quackenbush and Chamoun were on patrol on Clinton Street Road when they spotted a silver Nissan Sentra with no front license plate (required in New York) and no inspection sticker or registration sticker visible in the windshield.  

Quackenbush turned around to follow the vehicle. 

A Sheriff's patrol vehicle turning around apparently caught the attention of Jones, who turned onto a side road. The patrol followed. He made at least two more turns, and at least on one, he didn't use a turn signal.

With that, the deputies had probable cause for a traffic stop.

Jones pulled over on School Road, and the officers approached the vehicle, Quackenbush on the driver's side, and Chamoun on the passenger side.

Quackenbush asked where they were going.  Jones told him they were going to Rochester, and Quackenbush wanted to know if that was the case, why Jones didn't stay on Route 33.  Jones said he thought he was on the road to Rochester. 

In the midst of the discussion about directions, Chamoun said, "You took three turns rather than just staying on the same road that you were on? See what I'm saying? It's a little weird, right?" 

He then asked the passenger to step out of the vehicle so he could question him separately from Jones.

"So we do this a lot," Chamoun tells the passenger once they're standing in front of the patrol vehicle. "It's a little weird when we see a car see us and then decide to turn onto back roads, as beautiful as they are, and then divert back to the same road that they're on, you know what I'm saying?"

"I see how you can think that," the passenger said.

"Well, I mean, it usually results in felony drug arrest, guns, warrants, that kind of stuff. We do this all the time."

Chamoun then asks several questions -- who owns the car, how long have you known him, where had they been, where they were going.

They had apparently been to a residence on Harvester Avenue in Batavia to purchase a Chevrolet Express Van, which the passenger did purchase, and then it was towed to a Batavia repair shop for maintenance. At least, that's the passenger's story.

But some key information the passenger shared with Chamoun didn't match what Jones was saying.

The passenger said he and Jones had recently met and they met online. Jones said they had known each other for years. He couldn't say how long. But they met through "just random stuff," and through a mutual friend whom they hadn't seen in a long time.

"I will say this your guys' stories are completely different," Chamoun tells Jones. "Weird, right? .... Typically, when a motorist is in a vehicle with a passenger who they claim they've been friends with for years, they should have the same story. So you understand that it's weird, right?"

Jones said he didn't have the best memory.

Then the officers start questioning both men about the bow in the back seat.  Neither claim ownership but said it wasn't stolen.

Then they wanted to know about the backpack in the front passenger seat with bolt cutters sticking out.  Jones said it belonged to the passenger. The passenger, when asked if it's his bag, says, "I plead the fifth."

The dance for information continues, with Jones telling the officers repeatedly, "nothing against you guys," as he evades straightforward answers to yes or no questions, claiming he generally doesn't trust police officers.  He tells them, "I'm sure you guys are great. You're just doing your job."  But remains evasive. He dodges questions. When he is seemingly caught in a lie, he says he's nervous because he's not experienced in dealing with police officers.

Quackenbush tells Jones, "I've been pulled over by police before, and I wasn't nervous, and I didn't lie, right? So when someone's lying to me, that seems to me, 'okay, there's something that he's hiding that he doesn't want me to catch."

Is there a gun in the vehicle?
At first, he's willing to let the deputies search the backseat of his car.  They inform him that since he is the owner and operator of the vehicle, he's responsible for its contents.

Eventually, Quackenbush asks directly if he can search the backpack.  He pulls it out and finds not just the bolt cutters but a crowbar, flashlights, and gloves.  He notes the items look like burglary tools.  The questions zero in on whether anything in the car is stolen.

As Quackenbush looks at the contents visible on the front seat, the broken glove compartment opens, and Quackenbush spots a box of ammo.

"Is there a firearm in the car?"

"There shouldn't be," Jones says.

Chamoun goes back to the patrol car and reads the passenger -- who has already been detained and is handcuffed -- his rights.

The passenger says he understands his rights and he wants a lawyer.

Chamoun heads back to the passenger side of the vehicle, where Quackenbush is continuing to examine the contents of the backpack.

"He just lawyered up," Chamoun says.

From this point on, Jones is a lot less willing to let the deputies search his vehicle.

Chamoun questions the passenger again. 

"Is that 762 yours?" 

"I plead the fifth."

"Are you comfortable back here? Can I get you anything?

"I plead the fifth."

Chamoun then returns to Jones and Quackenbush, who are standing in the roadway next to the Sentra.

"He says the rifle in the vehicle is yours," Chamoun tells Jones.

"So there is a rifle," Quackenbush says. 

Jones shakes his head no.

"He just told us there was," Quackenbush says. "What are we doing here?"

"He's scared," Jones says. "What do you want him to say?"

"What's the deal with a gun?" Quackenbush asks Jones. "Are you not supposed to own a gun? Is that what's up? Like, are you on felony probation? Have you been arrested for something that you're not supposed to own a firearm? Is that what this is all about? I mean, I'm just I'm done. I don't want to beat around the bush anymore."

Jones denies there's a gun in the vehicle.

"So you're saying that absolutely, no way, shape or form there is a gun in this vehicle?"

Jones shakes his head.

The deputies then turn their attention to the mismatched license plate and VIN number on the car.  Quackenbush charges Jones with driving an unregistered vehicle on a highway. The deputies now have the authority to impound the vehicle, which requires that its contents be inventoried.

While going through the items in the trunk, Chamoun pulls out a brand new, never been fired, AR15.

At this point, the officers were not aware of the suspect's felony conviction in North Carolina on sex crime charges, so they couldn't arrest him for a violation of probation. But the weapon and its magazine violated the SAFE Act.  Jones was charged with two counts of criminal possession of an assault weapon in the third degree.

In the patrol car, while in custody, Jones reportedly admitted to the felony charges in North Carolina, something that hadn't come up when dispatchers searched for any records on Jones during the traffic stop.

Friends in New York
The agent from the Joint Terrorism Task Force who questions Jones at Park Road really wants to know what Jones is doing in Western New York.

It can't be for the weather, the agent tells Jones.

"I really liked the snow so far," says Jones, who hadn't been in the Rochester area for even two weeks at that point, according to earlier statements to the deputies. "I got tired of the ice pretty, pretty fast. But it is nice. And, you know, I already have friends. I mean, you know, it's not like I moved into some random state."

The agent wants to know, if Jones is released, where he will stay.  Jones doesn't know but assures the agent he has plenty of contacts in the area, and he has no doubt he can find a couch to sleep on.  All he has to do is text a few people once he gets his phone back.

The agent asks if Jones there is a group in the area that he is a part of, or if he's linking up with a group while in the area.

"I would be more comfortable answering that after I talked to a lawyer," Jones says. "I can definitely say (long pause) I can definitely say (long pause) a lawyer would be good."

The agent presses Jones to tell him if there are any kinds of nefarious plots afoot. Rather than say he couldn't possibly know such a thing, denying any contact with terrorists, Jones says he would be willing to answer such questions but not under present circumstances.  He is in cuffs, and he wants to speak with an attorney. 

"I more than understand," Jones says. "I mean, I don't think anyone here wants anything like that to happen. No one wants people to get hurt. No one wants -- your counter-terror, right? ...  no one here likes terror. I mean, I hate to say the obvious. It is objectively a bad, immoral thing, speaking as a Christian, personally. But again, it's not that I don't want to help you. But my situation right now is -- handcuffs. And I would like to, I guess, not sleep here. I want to help you. But I want to help you in a way that helps both of us."

Later, another agent asks, "You don't think there are any immediate concerns?"

"I don't think there's anything that's going to pop up the next day or two, before talking to a lawyer, that would actually give you cause for concern, at least not to my knowledge, mind you, in my very limited time here," Jones tells him.

The FBI, though a public information officer, declined a request for an interview citing the pending sentencing for Jones.

Good police work
Sheriff William Sheron is proud of his men.  He chalks up the arrest to doing, well, exactly what they're trained to do (and both have received extra training through Sheriff's Office on exactly these kinds of traffic stops, called 'interdiction'). Both followed their training, he said, and their intuition, and doggedly tried to put the pieces together when clearly something was amiss.

In fact, the arrest played a role in both men receiving awards from the Sheriff's Office command staff two weeks ago at the department's annual awards luncheon.

Quackenbush was named Officer of the Year, and Chamoun received a meritorious service award. There were other actions by the deputies in 2022 that contributed to the awards, but the Jones arrest was cited as among the reason for the awards.

"It is good police work," Sheron said. "That's exactly what it is, you know, being inquisitive and acknowledging that when the hair stands up on the back of your head, and you're thinking something's not right here, probably something isn't."

Note About The Video: The Batavian received more than two hours of body-worn camera video. It's been edited down to 33 minutes. Most of the footage came from two deputies and duplicated events.  We edited to produce a chronological narrative, leaving out parts where wind noise made it impossible to hear speakers. Sometimes we used the better-quality audio from one officer's camera with video from the other officer's camera.  We also removed some information involving personal medical information about the suspect and discussion that was repetitive or revealed personal details about the passenger who wasn't arrested.

Brittany Leann Hollaert, 26, of Saint Paul Street, Rochester, is charged with petit larceny, unlawful fleeing a police officer, aggravated unlicensed operation 3rd, unsafe passing on left, speed not reasonable and prudent, and failure to obey a police officer. Deputy Mason Schultz attempted to stop a vehicle on Veterans Memorial Drive, Batavia at 1:22 a.m. on Feb. 3. As a result of the incident, Hollaert was arrested. Information on what was allegedly stolen was not released. Release status was not included in a press release. 

Justin Swift, 43, of Gilbert St Le Roy, is charged with grand larceny 3rd.  Swift was charged after an investigation by Genesee County Department of Social Services Investigator Robert Riggi.  It is alleged that Swift failed to report that he had earned wages through employment, resulting in him receiving $3,324 in SNAP benefits he was not entitled to.  Swift was arrested and arraigned in Batavia Town Court and released on his own recognizance.'

David Michael Wahl, 57, of Scottsville, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 2nd, no left-side mirror, unsecured license plate, and uninspected motor vehicle. Wahl was allegedly found in possession of narcotics following a traffic stop by Deputy Andrew Mullen on Feb. 6 at 9:08 p.m. on South Lake Road in Bergen. He was released on an appearance ticket.

James Dean Conway, 36, no residence provided, is charged with criminal possession of stolen property 4th. Conway is accused of operating and possessing a stolen vehicle on Route 20 in the Town of Bethany on Feb. 6 at 1:34 p.m.  He was apprehended by Deputy James Stack. He was released on an appearance ticket.

Arthur Brown

Sentencing has been set for 2 p.m. April 3 in Genesee County Court for a repeat violent felony offender who accepted a plea agreement this afternoon with a sentence agreement of no fewer than seven years and a maximum of 10 years.

Arthur J. Brown, 45, of Le Roy, pled guilty to three felony charges, paving the way for County Court Judge Melissa Lightcap Cianfrini to sign off on the prison term parameters agreed to by Assistant District Attorney Joseph Robinson and defense attorney Joseph A. Lobosco of Rochester.

By accepting the plea deal, Brown avoids a lengthy sentence on a charge of second-degree attempted criminal possession of a weapon, a Class D violent offense, in connection with an incident on Clinton Street Road (Route 33) in the Town of Stafford in September 2021.  That incident led to a massive manhunt after a wildlife scare cannon was mistaken for gunshots while Brown was hiding in a cornfield.

The defendant also plead guilty to third-degree attempted criminal possession of a narcotic drug with intent to sell, a Class B felony, in connection with an arrest in January of this year in the City of Batavia, and to one count of violating the Sex Offender Registration Act, a Class E felony, for failing to register as a sex offender upon a change of address.

On Monday of this week, the county DA’s office extended a plea agreement of seven to eight years to satisfy the aforementioned offenses and others stemming from the September 2021 incident. It was changed to seven to 10 years today in consideration of a handful of other drug-related charges.

Brown also was informed that he would be forfeiting $2,405 that was seized during an investigation into the intent to sell offenses.

While Lobosco argued for Brown’s release upon his own recognizance or into the hands of Genesee Justice while awaiting the sentencing date, Robinson asked the judge to revoke bail in light of the defendant’s criminal record.

Lightcap Cianfrini decided to set bail at $30,000 (cash), $60,000 (bond) and $90,000 (partially secured) while placing strict conditions on that action.  She advised Brown that if he was to post bail or cash and that he did not appear at the sentencing hearing or if he violated any of the conditions imposed upon him, then he would lose the sentence cap.

Brown, per the plea deal, waived his right to a trial, his right to an appeal and his right to vote while incarcerated, the judge said.

The judge also outlined the sentences that Brown could have faced if he would have lost at trial – at least seven years in state prison, five years of post-release supervision and up to a $5,000 fine on the weapons charge; 12 years plus three years of post-release supervision and up to a $30,000 fine on the drug possession charge, and 1 1/3 to 4 years and a $5,000 fine on the SORA violation.

Previously:

• County ADA offers seven-to-eight-year sentencing deal to LeRoyan facing numerous felony charges
• Criminal cases against Le Roy man, including 'shots fired' case, hinge on missing video evidence
• BREAKING NEWS: Shots fired after vehicle stopped on Route 33, near Mill Road

During a break from Tuesday’s budget workshop, city leaders discussed various topics, including one City Councilman’s unusual visit last Friday.

While working at his kitchen table, two women had appeared on his doorstep, and, moments later, went around to his garage door, apparently shivering from the sub-zero windy temperature and begging to come inside. Their vehicle had broken down, and they needed a place to stay while they awaited a ride.

“One of the girls was screaming and crying, her hands were purple,” Councilman John Canale said. “I was trying to be a good Christian.”

Yes, perhaps hindsight has served him up a different answer for next time, but, especially on the heels of December’s massive blizzard and the need to shelter so many people in need, Canale did what he thought was the right thing by allowing the young women to warm up in his home.

Once inside, they asked to borrow a coat, and then went back outside to smoke a cigarette, he said. They came back inside before Canale noticed a sheriff’s, city police and unmarked vehicle each parked on the street. The ladies took off, and he called the police to ask, “are you chasing two girls?” Yes, they were.

What he didn’t realize was that their vehicle hadn’t broken down. The Rochester residents had apparently instead recently been at Pawn King in Batavia, which had filed a complaint of theft, prompting the Genesee County Sheriff’s Office to respond. The women allegedly fled the scene in a U-haul van and ended up at a cul-de-sac on Pickthorn Drive, where they abandoned the van, Batavia Police Chief Shawn Heubusch said.

The Sheriff’s Office and Batavia Police Department responded to the general area in the city and conducted a manhunt, Heubusch said, also using the tracking abilities of the K-9 unit.

“It took approximately an hour to locate the women from the time they fled their vehicle on foot,” Heubusch said. “K-9 Batu was utilized to track the individuals, successfully locating them inside an outbuilding after tracking them through several backyards.”

Breanna Brummond Brittany Hollaert

Breanna Brummond, 31, and Brittany Hollaert, 26, both of Rochester, are each charged with petit larceny, a class A misdemeanor, attempted grand larceny 4th degree, a class A misdemeanor and criminal trespass 3rd degree, a class B misdemeanor. Both women were issued appearance tickets, Heubusch said.

Hollaert was also charged with several traffic offenses “as she was identified as the driver of the van,” the Sheriff’s Office said.

‘There were several items recovered in the van which we suspect are stolen property and are working on identifying,” said Chief Deputy Joseph Graff, of the Sheriff's Office. “We are still investigating this incident and may have some further charges.”

The women had attempted to take the coat and a car key fob from Canale’s home during the incident, he said.

Heubusch cautions residents against letting strangers inside their homes.

“I know it is difficult to ignore people who may be in need of assistance, but I would advise residents to contact 911,” he said. “A patrol will be dispatched and assist the person if they are truly in need.”

It’s a lesson learned, Canale said. From now on, he will make sure to get proper identification before ever allowing a stranger into his home, he said.

Press release:

The Genesee County Sheriff’s Office would like to take this opportunity to remind everyone to remain vigilant so as not to fall victim to many prevalent scams.  As a general rule, it is a best practice to never provide personal or financial information to anyone who calls you over the phone or contacts you via e-mail or text message.  Scammers may purport themselves to be a relative, representative from Law Enforcement, the Federal Government, a Bank/Financial Institution, a utility company, or other consumer business. 

• Scammers will often contact you pretending to be from a known organization such as the Sheriff’s Office, IRS, FBI, Microsoft, Pay Pal, Amazon, or countless other businesses/government entities.  The scammer may indicate that you have a problem with your account or there is a virus on your computer, and they need to assist you in rectifying the issue. 

Scammers may ask:

• You to click on a provided link
• For personal and banking information
• For remote access to your computer to assist in correcting the fictitious problem 

Also:

• Scammers may tell you that your daughter, son, husband, wife, grandchild, a close friend or someone you know is in trouble with law enforcement and needs money for bail.
• Scammers may say that they are a lawyer and that there has been a terrible accident involving your relative, and they need money for legal fees or medical expenses     
• Scammers may indicate that you have won a sweepstakes and that they will be sending you a check to cash and then ask that a portion of the proceeds are sent back to them. 
• Scammers may ask for payment in the form of gift cards, or electronic payments or ask that you send cash in the mail to a specified address.  Scammers may also indicate that they will send a courier to your residence to retrieve your payment. 

These perpetrators of scams will attempt to pressure you to act quickly by threatening that the problem will only get worse if you don’t act now or that you will be arrested if the issue is not immediately addressed.  Scammers will mask their actual identity, often using surreptitious phone numbers, which may appear to be from a local area code or use an e-mail address that is very similar to someone’s that you may know.  Always pay close attention to details as it may save you from falling victim.      

Please be suspicious concerning anyone asking for personal or financial information.  If you suspect something may not be legitimate, tell someone you trust what the situation is before you act and potentially suffer a financial loss that may not be recoverable or disclose personally identifying information. 

If you fall victim to a scam, please report it to your local law enforcement agency.

Frank P. Falleti is indicted on one count of criminal possession of a forged instrument in the second degree, a Class D Felony, and one count of falsifying a business record in the first degree, a Class E felony. Falleti is accused of possessing on Aug. 9 a forged NYS registration document with the intent to defraud, deceive or injure another person.  He is accused of knowingly not entering a 2019 Mazda into the NYS online registry, Verify, with intent to defraud that included the intent to commit another crime or aid or conceal another crime.

Chad S. Williams is indicted on one count of criminal possession of stolen property in the fourth degree, a Class E felony, criminal possession of a forged instrument in the second degree, a Class D felony, criminally using drug paraphernalia in the second degree, a Class A misdemeanor, and criminal impersonation in the second degree, a Class A misdemeanor. Williams allegedly found in possession of a 2008 Honda Civic on Nov. 8, along with a forged Texas motor vehicle registration. He is accused of knowingly possessing narcotics packaging. He is also accused of assuming the identity of another person.

Joseph T. Martino is indicted on one count of burglary in the third degree, a Class D felony, and grand larceny in the fourth degree. Martino is accused of entering a building on East Main Street, Batavia, and stealing property with a value in excess of $1,000.

Taylor M. Peyman, 31, of Washington Avenue, Batavia, is charged with felony DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation 1st, failure to yield the right of way and leaving the scene of a property damage accident. A hit-and-run accident was reported on Jackson Street, Batavia, on Jan.28 at an unspecified time. Peyman allegedly struck another vehicle head-on and then drove away. The other motorist involved in the accident pursued Peyman on foot and gave his location to police when he parked in a parking lot on East Main Street.  Peyman was arrested by Officer John Gombos after reportedly failing a field sobriety test.  He was released on an appearance ticket.

Jason W Lebar, 37, of Bethany Center Road, Bethany, is charged with criminal mischief 3rd and petit larceny. Lebar is accused of prying a vehicle emblem from the rear of a pickup truck at a local dealership on Feb. 1.  There was reportedly significant damage to the vehicle. He is also accused of trying to remove another emblem, destroying it in the process. Lebar was arraigned in City Court and released.

Michael A. Shelter, 32, of Judge Road, Oakfield, is charged with criminal contempt, aggravated family offense, and unauthorized use of a motor vehicle.  Officer Joseph Weglarski investigated a 9-1-1 hang-up call in the City of Batavia and uncovered an apparent disturbance involving Shelter and a person protected by an order of protection. Shelter allegedly fled the scene in the victim's car. Shelter was jailed pending arraignment.

Jessica L Holtz, 39, of William Street, Batavia, was arrested on two warrants. Holtz was arrested following her release from the Monroe County Jail. One warrant stemmed from an alleged petit larceny in November 2021. The second warrant stemmed from an alleged petit larceny at a church in November 2021. Holtz was held pending arraignment.

Krista S Kiblin, 32, of Mason Avenue, Rochester, is charged with petit larceny. Kiblin allegedly stole merchandise from a business in Batavia at an unspecified location on Jan. 27. She was issued an appearance ticket.

Matthew J Brown, 38, of Chestnut Street, Batavia, is charged with owning/harboring an unlicensed dog. Brown is accused of failure to license a dog after being warned to license the dog. He was issued an appearance ticket.

Kyle J Schroeder, 26, of Clinton Street, Batavia, was arrested on four warrants out of City Court. The first warrant stems from an arrest on charges of criminal trespass and petit larceny on April 25.  The second warrant stems from an arrest for driving while ability impaired by combined influence of drugs and alcohol and criminal possession of a controlled substance on May 11. The third warrant stems from an arrest on a criminal possession of a controlled substance charge on Aug. 25.  The fourth bench warrant stems from an arrest for criminal mischief on Oct. 11.  Schroeder was held pending arraignment.

An 18-year-old male of Washington Avenue in Batavia is charged with criminal contempt 1st and assault 3rd. The youth was arrested Feb. 1 after an investigation into a physical altercation and a violation of an order of protection in the City of Batavia.  The youth was arraigned in City Court and jailed on $500 bail, $2,000 bond, or $5,000 partially secured bond.

 

Tyrone Monroe Jr., 19, of Main Street, Attica, is charged with grand larceny 4th and five counts of falsifying business records 1st. Monroe is accused of stealing money and falsifying business records to try and conceal the crime while employed at Flying-J in Pembroke. He was arrested on Jan. 31 and issued an appearance ticket.

Keilah Lynee Hart, 27, of Woodrow Avenue, Rochester, is charged with introducing prison contraband 1st and criminal possession of a controlled substance 7th. Hart is accused of possessing a controlled substance while being booked into the Genesee County Jail on an arrest warrant at 2:36 p.m. on Jan. 31. She was released on an appearance ticket.

Baillie Marie Schwab, 23, of Alexander Road, Attica, is charged with felony DWI, driving with operator's view obstructed, and speeding. Schwab was stopped on Jan. 29 at 1:55 a.m. on Oak Street, Batavia, by Deputy Jonathan Dimming. She was issued an appearance ticket and released to a third party.

Diane Marie McKay, 57, of Lightwood Lane, Rochester, is charged with DWI, driving with a BAC of .18 or greater, and inadequate lights. McKay was stopped on Feb. 5 at 2:47 a.m. on Main Road, Stafford, by Deputy Zachary Hoy. She was issued an appearance ticket.

A “global” plea agreement that would satisfy several felony charges against a Le Roy man is on the table following a lengthy session Monday morning in Genesee County Court.

First Assistant District Attorney Joseph Robinson offered 45-year-old Arthur J. Brown (photo at right) a prison term of seven to eight years to satisfy criminal charges in connection with a September 2021 incident on Clinton Street Road (Route 33) as well as subsequent charges for failing to register as a sex offender and drug possession with the intent to sell.

Brown, who is being represented by Joseph A. Lobosco, is being held in Genesee County Jail in connection with the latest charges.

County Court Judge Melissa Lightcap Cianfrini scheduled his next appearance for 1:30 p.m. this Wednesday for determination of the plea offer.

Speaking following the two-hour session, Robinson said the plea offer is based on the following offenses:

• One count of violating the Sex Offender Registration Act, a Class D felony;
• Attempted criminal possession of a weapon, 2^nd degree, a violent felony;
• Attempted criminal possession of a narcotic drug with intent to sell, a Class C felony.

Robinson said that Brown was charged last week for “some drug offenses out of the city" (of Batavia) and was remanded to County Jail after arraignment on those charges. Brown was wearing the jail’s orange jumpsuit this morning.

The criminal possession of a weapon charge stems from an incident on the afternoon of Sept. 19, 2021, when Brown was stopped on Clinton Street Road in the Town of Stafford for allegedly driving erratically.

After being pulled over by law enforcement personnel, he ran into a cornfield and wasn’t apprehended for several hours. Initially, there was a report of “shots fired” (which later was determined not to be the case). Upon his arrest, law enforcement reported recovering a handgun at the scene, which Brown said wasn’t his.

From that incident, Brown was charged with second-degree criminal possession of a weapon, menacing a police officer, tampering with physical evidence to conceal or destroy, second-degree obstruction of governmental administration, seventh-degree criminal possession of a controlled substance, driving while impaired by drugs and failure to keep right. The first of those charges is a felony.

“With his history and the weapon charge being violent, he would be sentenced as a second violent felony offender,” Robinson explained. “And the agreement for the time is that he would be serving a minimum of seven years, but a maximum of eight – a one-year range – and that would be left to the discretion of the court once we come back for sentencing. And then there is a waiver of a right to appeal, which is typical in every case.”

When asked if this would be satisfying the case “globally,” Robinson agreed.

“Exactly. It would be resolving all of his pending matters in County Court, and whatever might be pending in town court. It would resolve all of these,” he said. “If he is going to take it, we’ll have an SCI or Superior Court Information filed, which is necessary for the court to be able to take a plea on the new charge from last week.”

During today’s proceedings, which were adjourned for an hour to allow for further consultation, Lobosco indicated to the judge that Brown is “somewhat amenable” to the offer but wished to be released from pending sentencing due to personal issues. Lightcap Cianfrini countered by saying that she would not agree to any type of relief prior to acceptance of the plea agreement.

The judge also advised Brown that much stricter sentences could be imposed – even up to 25 years to life -- should Brown opt to refuse the plea offer and then was found guilty of the many charges in a jury trial or trial in front of the judge.

Previously:

• Criminal cases against Le Roy man, including 'shots fired' case, hinge on missing video evidence
• BREAKING NEWS: Shots fired after vehicle stopped on Route 33, near Mill Road