crime

NOTE: This story is a complete version of the breaking news item we posted earlier today.

The Le Roy resident charged with murder in the shooting death of Norman "Don" Ball during the early morning of Dec. 1 entered a plea in Genesee County Court this afternoon of not guilty by reason of mental disease or defect.

District Attorney Lawrence Friedman told Interim Judge Micheal Pietruszka that two psychologists examined the 53-year-old defendant, Kyle G. Johnson, and both found that Johnson is dangerously mentally ill. One expert was hired by the defense and one by the prosecution. If the case had gone to trial, both would have testified about Johnson's mental condition.

Defense Attorney Jerry Ader told Pietruszka that at trial he would mount what is called an "affirmative defense" that his client was affected by mental illness that time the crime was committed. With the prosecution's own expert witness agreeing with the diagnoses, Friedman said the people would accept the plea.

Johnson was facing an eight-count indictment that included charges of murder, burglary, arson and attempted murder. Johnson the suspect in the shooting death of Ball, accused of entering his Selden Road neighbor's home and shooting him in the head while he slept, and then returning to his own residence and setting it on fire and then firing a Le Roy fire chief and a Le Roy police officer when they responded to the fire alarm.

There was then an hours-long stand-off with Johnson while he wandered around the area of his burning home, reportedly asking officers to shoot him, and a couple of moving times toward officers with his rifle cradled in his arms.  Emergency response teams, with armored vehicles,  from Genesee County and Monroe County swarmed the scene and Johnson, surrounded, eventually agreed to peacefully surrender to authorities.

After accepting Johnson's plea, Pietruszka ordered Johnson transferred to a state-run, secure mental health facility where he must undergo further evaluation to confirm the diagnoses. He will be evaluated either by two psychologists or a psychologist and a psychiatrist. The results of those exams will determine whether Johnson remains in a secure mental health facility or is moved to an in-patient facility or released. That decision will be based on whether he is found dangerously mentally ill, mentally ill or not mentally ill.

"We fully expect they will find him dangerously mentally ill," Friedman said.

In court, Friedman said that Johnson's mental health history, stretching back 11 years, was 400 pages long. He did not reveal what sort of mental health issues that Johnson may have been treated for, or if any of that record indicated anything about being a threat to himself or others.

Today's plea ends all further criminal prosecution of Johnson these charges, Friedman said, even if at some later date -- next week, next month, next year, or years from now -- he is deemed mentally healthy enough to return to society.

Pietruszka asked Johnson during the hearing if he understood that his plea could mean he would spend the rest of his life in a mental institution, and Johnson said yes.

Throughout all of Pietruszka's questions, Johnson made no statement beyond answering yes or no.

Friedman said with the plea, it's quite possible that Johnson will spend more time in confinement than if he had gone to trial, been found guilty and sentenced to prison.

Johnson will be taken to the Rochester Psychiatric Center and held there while undergoing exams. The staff has 30 days to complete a report, but a 30-day extension could be requested. Pietruszka did not want to schedule Johnson's next court appearance until the report is completed.

If the case had gone to trial, Johnson would face multiple ranges of potential prison terms, including a max of 40 years to life.

Outside of court, the children of Don Ball were not entirely happy with Johnson's plea and the fact that he will avoid prison, as well as a belief that the system failed by allowing Johnson to be free, and own a weapon, even before Dec. 1.

"We're not very happy that he's not going to be incarcerated, but we will all work very hard to ensure things like this don't happen again, where somebody like this is let out of a secure facility and then be able to be unsupervised in society," said Ryan Ball, standing with his sister Cherie Wesser, Shawan Gell. Jeanette Keating,

Ball also said he saw some benefit to Johnson receiving mental health treatment. He just doesn't trust that Johnson won't be released at some point.

"He needs help like that," Ball said. "He needs to be in a secure place. He's a dangerous person and he has been in and out for the past 11 years. Even though that has happened, he was let out by those people. Now he's in another secure facility. What are the chances that he will be let out again? It's as if they waited for something to happen. Now that something did happen, they're saying, 'well, maybe, he will be in for the rest of his life.' That's very upsetting."

Keating questioned whether the government is really doing a good enough job protecting the public from dangerously mentally ill people. 

"If there were better policies and procedures in place for the mentally ill, then maybe our dad would still be here," Keating said. "The revolving door is upsetting -- to see somebody released, still having a mental defect, with just the hope that they will continue with their medication when there is no supervision."

Asked if they were concerned that Johnson had been able to obtain a firearm, Keating said, "absolutely."

"That was one of our first questions," she said. "How is it that he had a firearm?"

Ask if he felt the judicial system had let the Ball family down, Ryan didn't go that far.

"It's a failure at some point," Ball said. "I'm not sure what that point is, but I'm going to work hard to find out exactly where this failed. This guy has been known to be a dangerous and mentally ill person for a long time."

Friedman also seems to express some doubts about how Johnson obtained a firearm and was not better supervised.

"This (Johnson obtaining a firearm) is a very big concern, obviously," Friedman said. "Unfortunately, that is something that was not prevented in this case. We can talk about the possible failings of the system in the past that this happened, but this is just a tragedy."

Daniel Dioguardi was sentenced in Genesee County Court today to a prison term of two to four years on his conviction for third-degree burglary.

The Le Roy resident was arrested in May, 2015, in connection with a break-in on Columbia Avenue that resulted in the theft of some PlayStation4 games, which were traded in at a local game store. That helped police identify Dioguardi, Det. Eric Hill said, and Dioguardi was also known to the victim.

Dioguardi apologized to the people he hurt, his family, and the court "for taking up everybody's time."

He thanked Interim Judge Michael Pietruszka for giving him a shot a substance-abuse rehabilitation, which his attorney Jamie Welch said had gone well for Dioguardi.

Dioguardi said getting clean allowed him to reconnect with his family, especially his 4-year-old son, whom he called his "little angel."

The sentence was enhanced because Dioguardi has a prior felony conviction. He was on probation at the time of this arrest, and under terms of the plea deal, Pietruszka gave Dioguardi one-and-a-third to four years in prison, to be served concurrently with the prison term for burglary.

Press release from the Genesee County Sheriff's Office, approved by Sgt. John L. Baiocco:

A 17-year-old female who lives on South Street in Le Roy was arrested July 29 for allegedly possessing marijuana while at the Darius Rucker concert at Darien Lake Performing Arts Center. She is due in Darien Town Court on Aug. 16 to answer the charge.

Ricky On Lei, 27, of South Clinton Avenue, Rochester, is charged with possession of 10,000-plus unstamped cigarettes, third-degree aggravated unlicensed operation of a motor vehicle, and failure to stop at a stop sign. Lei was arrested at 7:34 p.m. on July 31 at 7238 Alleghany Road, Alabama, after a traffic stop. Lei allegedly was in possession of more than 10,000 untaxed cigarettes at the time. Allegedly, he was also operating the vehicle with a suspended driver's license and failed to stop at a stop sign. He was arraigned in Town of Alabama Court and put in jail in lieu of $2,500 cash or $5,000 bond. He is due in Alabama court on Aug. 11. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Summer Anne Bliss, 22, of Overlook Drive, Batavia, is charged with second-degree harassment. She was arrested at 10:30 a.m. on July 28 on Overlook Drive for allegedly punching a person in the head during a verbal altercation that turned physical. Bliss was arraigned in Town of Batavia Court and released. She is due in Town of Batavia Court at a later date. The case was handled by Genesee County Sheriff's Deputy Andrew Hale.

Mark Christopher Hanna, 36, of Lenox Street, Rochester, is charged with unlawful possession of marijuana and speeding. Hanna was stopped at 9:06 a.m. on July 30 on Route 33 in the Town of Stafford for a speeding violation. It was determined after an interview that Hanna was allegedly in possession of a quantity of marijuana. He was arrested on the charge, processed and released on an appearance ticket for Aug. 18 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Andrew Hale.

The Genesee County Sheriff's Office announced 10 more arrests -- all for marijuana possession -- at the G-Eazy concert at Darien Lake Performing Art Center July 29. All were issued appearance tickets for Aug. 16 in Darien Town Court.

• Casie Nuernberger, 22, of Fenton Street, Buffalo
• Brandon S. Konstanty, 23, of Burch Road, Ransomville
• Joshua W. Rodrigquez, 27, Todd Avenue, Jamestown
• Cody B. Hayes, 18, of Mason Avenue, Rochester
• Justin P. Rathbun, 19, of Willowood Drive, Rochester
• Joseph C. Stiglmeier, 24, of Harding Road, Williamsville
• Matthew J. Soos, 19, of Creekview Drive, Hamburg
• Christian M. Craven, 20, of Vliet Boulevard, Cohoes
• Fletcher J. Ace, 18, of County Road, 17, Belfast
• A 17-year-old of Hall Road in Elma

For the previous report on arrests at this G-Eazy concert click here.

The Le Roy resident charged with murder in the shooting death of Norman Ball during the early morning of Dec. 1 has entered a not guilty by reason of mental disease or defect.

District Attorney Lawrence Friedman told Interim Judge Micheal Pietruszka that two psychologists examined defendant Kyle Johnson and both found that Johnson was not guilty by reason of mental disease or defect. One expert was hired by the defense and one by the prosecution, and if the case had gone to trial, both would have testified about Johnson's mental condition.

Johnson was facing an eight-count indictment that included charges of murder, burglary, arson and attempted murder.

After accepting Johnson's plea, Pietruszka ordered Johnson transferred to a state-run, secure mental health facility where he must undergo further evaluation to confirm the diagnoses.

If the case had gone to trial, Johnson would face multiple ranges of potential prison terms, including a max of 40 years to life.

UPDATE: The final version of the story can be found by clicking here.

A 55-year-old Byron resident can expect to spend 12 and a half years in state prison after entering a guilty plea to attempted murder today in Genesee County Court.

David O'Connor entered his plea on an Alford basis, which means he isn't admitting to the factual claim underlying the attempted murder charge, but that he would likely have been found guilty at trial.

According to District Attorney Lawrence Friedman, O'Connor denies that he was firing his rifle from the second floor of the Byron Hotel at Deputy Andrew Hale, attempting to kill him, on March 7. O'Connor maintains that he was aiming at the tires of the deputy's patrol vehicle.

The shot blew out the back windows of Hale's SUV.

The plea was part of an agreement that will cap O'Connor's prison term to 12 and a half years and avoids a trial.

Sentencing is scheduled for Aug. 30.

O'Connor made no statements in court today.

Previously:

• Single gunshot in Byron highlights the dangers of modern law enforcement
• Upgraded charge for man accused of firing on deputy
• Plea offer pending for man accused of firing at deputy

The following people were arrested by the Genesee County Sheriff’s Office during the G-Eazy concert at Darien Lake Performing Arts Center on Friday:

Colt D. Agnew, 19 of Potter Hill Road, Cattaraugus, is charged with criminal trespass 3rd and criminal possession of a forged Instrument, 2nd. Agnew allegedly entered Darien Lake after being told to leave and was found in possession of a fraudulent Maryland license. Agnew was arraigned in Darien Court and put in jail in lieu of $10,000 bail.

Jamie J. Burczynski, 20, of Old Goodrich Road, Clarence, is charged with second-degree harassment and resisting arrest. Burczynski allegedly swung his fist at a deputy and then resisted arrest. Burcyzynski was arraigned in Darien Court and put in jail in lieu of $1,000 bail.

A 17-year-old of Thorn Berry Way, Conyers, Ga., is charged with disorderly conduct after allegedly urinating on a vehicle.

Bryce R. Tarbox, 20, of Route 417, Alleghany, is charged with third-degree criminal trespass and criminal possession of stolen property, 5th, after allegedly possessing a stolen Live Nation cleaning shirt and entering the concert venue without a ticket.

A 16-year-old of Ridge Meadows Drive, Spencerport, is charged with criminal trespass, 3rd, after allegedly entering the concert venue after being ejected and told not to return.

Evan J. Vershay, 21, is charged with forcible touching after allegedly grabbing a female's private parts.

The following subjects were charged with unlawful possession of marijuana:

A 17-year-old of Main Street, Williamsville

Joshua P. Butry, 24, of 81st Street, Niagara Falls

Shane N. Barrett, 25, of Hickory Street, Whitney
Casey R. George, 19, of Hagen Avenue, North Tonawanda
Alexis N. Malta, 18, of Tinker Tavern Road, Webster
Luke G. Simons, 18, of Country Meadow, Hilton
Melanie M. O’Malley, 20, of Foxwood Lane, Williamsville
Andrew J. Stone, 21, of Evans Street, Lockport
Zachary T. Fronckowiak, 18, of Westover Street, Yorkshire

Brian John Flynn, 18, of North Road, Freedom, is charged with endangering the welfare of a child and permitting unlicensed operator. Flynn was arrested at 11:58 p.m. on July 26 on Alleghany Road in Pembroke following a traffic stop near Vision Parkway. An investigation revealed that Flynn allegedly allowed an unlicensed 15-year-old to operate the vehicle. There were three people inside the vehicle under the age of 17 at the time of the stop and the vehicle was apparently taken without the registered owner's knowledge. An investigation is continuing and more charges are possible. Flynn is due in Town of Pembroke Court on Aug. 23 to answer the charge. The case was handled by Deputy Patrick Reeves.

Brandon J. Henley, 23, of Buffalo, was arrested at 1:32 p.m. on July 28 following a traffic stop for speeding on Route 77 in Corfu. Corfu Village Police Officer Michael Petritz initiated a traffic stop for speeding (48 mph in a 35-mph zone) and upon interviewing the driver and passenger, Officer Petritz allegedly detected a strong odor of burnt marijuana emanating from the vehicle. The passenger admitted to possessing the marijuana cigarettes found in the vehicle. Henley was charged with unlawful possession of marijuana and issued an appearance ticket for Aug. 1 for the Village of Corfu Court.

Press release:

On July 20, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Enforcement Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department and City of Batavia Police Department), the Genesee County Probation Department and uniformed members of the Genesee County Sheriff's Office conducted a N.E.T. -- Neighborhood Enforcement Team -- detail in the City of Batavia.

The detail focused on quality-of-life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods.

The following arrests were made:

• A 17-year-old male of Batavia was charged with one count of unlawful possession of marijuana (a violation) and criminally using drug paraphernalia (a Class A misdemeanor) following a traffic stop
• A 17-year-old male of Batavia was charged with one count of unlawful possession of marijuana (a violation) following a traffic stop;
• John Burns, 26, of Erie, Pa., was charged with unlawful possession of marijuana (a violation) following a traffic stop;
• David Draper, 36, of Batavia, was charged with unlawful possession of marijuana (a violation) and driving while ability impaired by drugs (a misdemeanor) following a traffic stop;
• Officers conducted 21 parole checks where Probation officers located: one Probation violation; conducted 37 traffic stops; and issued 20 traffic tickets for various violations.

Press release:

The Genesee County Sheriff's Office is currently investigating the thefts of several all-terrain vehicles.

At least 10 four-wheel ATVs and one Kubota side-by-side full cab have been reported stolen.

These vehicles inlcude two child-sized models as well.

The ATVs have been moved with and without the key. The thefts have occurred throughout most of Genesee County within the past month.

The Sheriff's Office is asking for the public's assistance in reporting any suspicious activity or individuals involved in the larcenies.

Anyone with information is requested to contact the Genesee County Sheriff's office at (585) 343-5000. Information provided may remain confidential.

Jeremy Michael Depasquale, 26, of Pixley Hill Road, Scio, is charged with false personation. At 6:15 p.m. on July 22, a dump truck was stopped on Route 33 in the Town of Pembroke for an equipment violation. Investigation revealed that the driver's license was suspended. The defendant who was the owner of the dump truck arrived on scene and allegedly identified himself to officers with a false name in an attempt to make officer believe that he possessed a commerical driver's license to drive the truck. Depasquale was arrested, arraigned in Town of Pembroke Court, and jailed on $5,000 cash bail or $10,000 bond. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Trooper Kosowski and Trooper Hansel.

Michael Shawn McKenzie, 27, of West Main Street, Batavia, is charged with second-degree harassment -- physical contact. At 7:50 p.m. on July 23, McKenzie was arrested for second-degree harassment following a physical distrubance at the Genesee County Jail. He was issued an appearance ticket for July 25 in City of Batavia Court. The case was handled by Sheriff's Deputy Ryan DeLong.

Danielle S. Cervone, 20, of Ellicott Street Road, Batavia, is charged with third-degree grand larceny. She was arrested at 1 p.m. on July 21 at 40 Batavia City Centre, Batavia, for allegedly stealing about $5,000 from her employer, JCPenney,  over a period of time. She was arraigned and released on her own recognizance and is due in City Court at 1:30 p.m. on Aug. 9. The case was handled by Batavia Police Officer Jamie Givens.

Madalyn R. Muntz, 30, of South Main Street, Batavia, is charged with: criminal possession of stolen property in the fifth degree; criminally using drug paraphernalia in the second degree; operating a motor vehicle with a suspended registration; operating without stop lamps; and having suspended registration -- failure to turn in plates to DMV. At 9:35 a.m. on July 20, Muntz was stopped on Ross Street in Batavia for a traffic infraction. The registration to her vehicle was also found to be suspended. Further investigation allegedly revealed that Muntz possessed drug paraphernalia and a wallet that belonged to a coworker, which had been reported stolen to the Genesee County Sheriff's Office on June 3. Followin arraignment, she was jailed in lieu of $1,000 cash bail. The case was handled by Batavia Police OfficerFrank Klimjack, assisted by Officer Jason Davis.

Breanna M. Smith, 22, of Lake Street Road, Batavia, is charged with: making a punishable false written statement; conspiracy in the sixth degree; falsely reporting an incident in the third degree; insurance fraud in the third degree; and third-degree grand larceny. She was arrested following an investigation into a report at 12:45 p.m. on July 1 that her vehicle had been stolen on East Main Street in Batavia. She was arraigned, then released under supervision of Genesee Justice. She is due in City Court on Aug. 2. The case was handled by Batavia Police Officer Thad Mart.

Lewis C. Rhodes, 37, of Summit Street, Batavia, is charged with second-degree harassment and first-degree criminal contempt. At 7:02 a.m. on July 24, Rhodes was arrested as the result of an investigation into a domestic incident which occurred on Summit Street a short time earlier. He was processed at Batavia Police headquarters, arraigned in Batavia Town Court and then ordered jailed without bail. He was due in City Court this afternoon. The case was handled by Batavia Police Officer Eric Foels, assisted by Sgt. Matthew Lutey.

Adam D. Smart, of Raymond Avenue, Batavia, is charged with first-degree criminal contempt. He was arrested at about 8 p.m. on July 23 after an investigation into a domestic incident which occurred on Raymond Avenue a short time earlier. He was processed at Batavia Police headquarters, arraigned in Batavia Town Court and then ordered jailed without bail. He was due in City Court this afternoon. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Felicia DeGroot.

Darien L. Rhodes, 23, of 1/2 Dellinger Ave., Batavia, is charged with second-degree unlawful imprisonment, second-degree harassment, and first-degree criminal contempt -- physical contact. At 11:32 p.m. on July 19, Rhodes was arrested as the result of an investigation into a domestic incident which occurred on Dellinger Avenue a short time earlier. He was processed at Batavia Police headquarters, arraigned in Batavia Town Court and then released on his own recognizance. He was due in City Court July 20. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Erics Foels.

Glenn H. Quintern, 57, of Central Avenue, Batavia, is charged with first-degree criminal contempt. He was arrested at 6:23 a.m. on July 23 after an investigation into the alleged violation of a court order. He was processed at Batavia Police headquarters, arraigned in Batavia Town Court and then ordered jailed without bail. He was due in City Court this afternoon. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Michael J. Elmore, 25, of State Street, Batavia, is charged with disobeying a mandate at 9 p.m. on July 20 on Summit Street in Batavia. He was arrested and arraigned in Batavia Town Court on July 23 and jailed on $500 cash or $2,000 bond. He was due this afternoon in City Court to answer the charge. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Sgt. Matthew Lutey.

Holly H. Miller, 32, of State Street, Batavia, is charged with fourth-degree grand larceny -- using a credit card, and unlawful possession of personal identification in the third degree -- for the commission of a crime. Miller was arrested for allegedly stealing a DSS case worker's credit card information and it the purchase food and personal items at 9:30 p.m. on May 25. She was arraigned and released under supervision of Genesee Justice and is due in City Court on Sept. 1. The case was handled by Batavia Police Officer Marc Lawrence.

Jason M. Hirtreiter, 29, of Catherine Street, Medina, is charged with criminal tampering and petit larceny. He was arrested at 4:15 a.m. on July 19 on North Street in Batavia, arraigned at 8:31 a.m. and then jailed on $2,500 bail. He was due back in court that day at 1:30 p.m. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Darryle Streeter.

Jolynn M. Gorski, 36, of Chandler Avenue, Batavia, is charged with operating a motor vehicle while impaired by drugs. She was arrested at 9:40 p.m. on July 21 on Washington Avenue in Batavia. Gorski was allegedly found behind the wheel of a vehicle in the drive-thru of M&T Bank, apparently asleep. She was issued an appearnce ticket and in due in City Court on Aug. 17 to answer the charge. The case was handled by Batavia Police Officer Chad Richards, assisted by Police Sgt. Chris Camp.

Marcus L. Viverette, 28, of Elk Street, Rochester, was arrested on July 23 by the Le Roy Police Department. Viverette was charged with aggravated harassment in the second degree, a Class A misdemeanor. Viverette was arrested after allegedly threatening the life of the victim during a phone call earlier this month. Viverette was arraigned in front of the Honorable Judge Sehm and is being held at the Genesee County Jail in lieu of $1,500 cash bail and $3,000 bond. Viverette is to return to the Le Roy Town Court on Aug. 18 to answer to the charge. 

Danny D. Williams Sr., 27, of Pearl Street, Batavia, is charged with second-degree harassment. He was arrested at 8:49 p.m. on July 20 on Maple Street in Batavia following an incident wherein he allegedly spit on a person. He was issued an appearance ticket for City Court for Aug. 2 and released. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Stephen Cronmiller.

Nathan M. Payne, 21, of Corfu, was arrested at 10:51 p.m. on July 24 for unlawful possession of marijuana after a traffic stop for speeding (47 mph in a 35-mph zone) on State Route 33. Corfu Police Officer Michael Petritz allegedly detected a strong odor of burnt marijuana emanating from Payne's vehicle. Payne was issued an appearance ticket for Aug. 1 in Darien Town Court to answer the charges.

Tyler A. Stoddard, 21, of Meiser Road, Corfu, is charged with petit larceny. He was arrested at 8:05 p.m. on July 16 on Ellicott Street in Batavia for allegedly stealing $1.49 worth of merchandise from a local business. Stoddard was issued an appearance ticket and is due in City Court on Aug. 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Matthew Lutey.

Melissa R. Piazza, 27, of State Street, Batavia, is charged with failure to appear. She was arrested at 12:15 a.m. on July 14 on Jefferson Avenue, Batavia, after allegedly failing to appear for a City Court date on July 19. She was jailed, posted bail, and is set to return to City Court on Aug. 2. The case was handled by Batavia Police Officer Jamie Givens.

Jeri M. Diaz, 36, of Bank Street, Batavia, was arrested on an active bench warrant out of Batavia City Court. It is alleged that Diaz failed to appear for a court date in March. She was arraigned, released, and was due in City Court on July 21. The case was handled by Batava Police Officer Chad Richards, assisted by Officer Jamie Givens.

Tyanna D. Green, 21, of West Main Street Road, Batavia, was arrested on a bench warrant for allegedly failing to pay a fine. She is due in City Court on Aug. 2. The case was handled by Batava Police Officer Jamie Givens.

Two people were arrested by deputies from the Genesee County Sheriff's Office and put in jail during the Disturbed concert at Darien Lake Performing Arts Center on Sunday, July 24. They are:

Ryan J. Budnik, 28, of Berkshire Drive, Rochester, was arrested for trespassing after allegedly reentering the concert venue after being advised not to return. He was arraigned in Darien Town Court and put in Genesee County Jail in lieu of $200 bail.

Richard J. Lewis, 37, of Pintail View, Walworth, was arrested for second-degree harassment after allegedly entering the backstage area of the concert venue and punching an employee. Lewis was arraigned in Darien Town Court and put in Genesee County Jail in lieu of $500 bail.

The following people were arrested and issued appearance tickets to be in Darien Town Court at 4 p.m. on Aug. 2:

Michael S. Prinz, 20, of Route 237, Stafford, was arrested for driving while ability impaired by drugs and unlawful possession of marijuana after driving into the Darien Lake concert venue while allegedly impaired by drugs and while in possession of a quantity of marijuana.

A 16-year-old from Le Roy was arrested for unlawful possession of marijuana after allegedly possessing a quantity of marijuana.

A 17-year-old from Orchard Park was arrested for criminal possession of a controlled substance, 7th, and unlawful possession of marijuana after allegedly possessing Adderall (not prescribed) and a quantity of marijuana.

Jeremy T. Maliszewski, 18, of Fisher Road, West Seneca, was arrested for unlawful possession of marijuana after allegedly possessing a quantity of marijuana.

Damien R. Koch Jr., 18, of Vanderbelt Street, Lovejoy, was arrested for unlawful possession of marijuana after allegedly possessing a quantity of marijuana.

Sean H. Pfeiffer, 18, of Indian Church Road, West Seneca, was arrested for unlawful possession of marijuana after allegedly possessing a quantity of marijuana.

Brendan T. Fitzpatrick, 20, of Whittier Road, Spencerport, was arrested for unlawful possession of marijuana after allegedly possessing a quantity of marijuana.

Dustin J. Houghton, 25, of Ridge Road, Webster, was arrested for trespass after allegedly reentering the concert after being told not to return.

John F. Jacobsen, 42, of Hamburg Street, Buffalo, was arrested for trespass after allegedly reentering the concert after being told not to return.

Grace A. Lotz, 35, of Clinton Street, Attica, was arrested for criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument after allegedly possessing suboxone and a hypodermic syringe and needle.

Deborah Ruth Walker, 19, of Belmanor Drive, Rochester, is charged with criminal possession of stolen property, false personation, trespass, and unlawful possession of marijuana. She was arrested at 11:22 p.m. on July 23 following a suspicious incident in the Town of Le Roy. She allegedly was in possession of a stolen motor vehicle, gave a false name, was trespassing and had an amount of marijuana in her possession at the time. She was arraigned in Town of Le Roy Court and put in Genesee County Jail in lieu of $10,000 cash or $20,000 bond. She is due in Le Roy Town Court on Aug. 18. The case was handled by Sheriff's Deputy Michael Lute.

Georgeta Marioara Coleman, 18, of Mount Hope Avenue, Rochester, is charged with criminal possession of stolen property, 4th, and trespass. She was arrested at 11:22 p.m. on July 23 following a suspicious incident in the Town of Le Roy. She allegedly was in possession of a stolen motor vehicle and was trespassing at a residence. She was arraigned in Town of Le Roy Court and put in Genesee County Jail in lieu of $10,000 cash or $20,000 bond. She is due in Le Roy Town Court on Aug. 18. The case was  handled by Sheriff's Deputy Michael Lute.

Larry Alvin Hubler, 67, Byron Holley Road, Byron, is charged with driving while intoxicated and operating a motor vehicle with a BAC of .08 or more. Hubler was arrested at 1:38 p.m. July 20 on Main Road in Stafford after allegedly driving his vehicle into a business, namely Dupont TV. He was issued an appearance ticket for Aug. 30 in Town of Stafford Court. The case was handled by Sheriff's Deputy Joseph Loftus, assisted by Deputy John Dehm.

Rachel A. Palmer, 47, of Britt Road, Le Roy, was arrested on July 22 by the Le Roy Police Department and charged with two counts of petit larceny, a Class A misdemeanor, two counts of third-degree identity theft, also Class A misdemeanors, and criminal possession of stolen property in thr fourth degree, a Class E felony. Palmer was arrested following the investigation into the use of a stolen credit card which was used in the Village of Le Roy. Palmer allegedly used the stolen credit card to purchase merchandise at Dunkin Donuts as well as the Yellow Goose in the amount of $16.07. Palmer was arraigned and released under supervision of Genesee Justice. Palmer is to return to the Le Roy Town Court on Aug. 18 to answer to the charges.

Tonya Marie Ficarella, 29, of West Main Street, Batavia, is charged with second-degree harassment. She was arrested on a bench warrant out of the Town of Batavia Court for allegedly failing to appear in court regarding an alleged harassment at midnight on June 27 on West Main Street Road, Batavia. She was released and is set to appear in Batavia Town Court on Aug. 22. The case was handled by Sheriff's Deputy Michael Lute.

A caller from Washington Towers reports seeing three youths on bicycles, two black and one white, steal cones that were around an excavator on Jefferson Avenue. 

Jefferson near Washington is closed this week for repair work.  

The youths were last seen heading south on Jefferson.

The folks at Alleghany Farm Services, 7342 Alleghany Road, Basom, are looking for help in locating their Kubota RTV 1100c WXL-A, which was stolen from their property.

Its series number is 25947 and it's a 2011 model.

The company's phone number is: (585) 762-4411.

A plea offer is on the table for a 55-year-old Byron resident accused of firing a rifle at a Sheriff's deputy who was sitting in his patrol car March 7.

David O'Connor appeared in County Court today for a scheduled Huntley hearing, which is based on a defense motion to dismiss statements O'Connor may have made once he was in custody. But O'Connor's attorney, Thomas Burns, dropped the motion and O'Connor waived the hearing after being told of a plea offer from District Attorney Lawrence Friedman.

The specifics of the plea offer were not discussed in open court.

O'Connor has until Aug. 1 to decide whether to accept the offer.

He is charged with attempted aggravated murder of a police officer. He was initially charged with first-degree reckless endangerment and third-degree criminal mischief.

O'Connor is accused of firing a single round from a .22-caliber rifle from the window of his apartment at the Byron Hotel at Deputy Andrew Hale, blowing out the windows of Hale's patrol vehicle, while Hale was performing a traffic stop in the parking lot of the Byron Arrow Mart.

No one was struck by the projectile and there were no injuries.

Previously: Single gunshot in Byron highlights the dangers of modern law enforcement

       Bill Thomas

A Batavia man whose apparent domestic dispute ended after he allegedly threatened a police officer with a knife has chosen to take his case to trial rather than accept a plea agreement.

The agreement would have limited his prison term to three and a half years in exchange to a guilty plea to menacing a police officer.

Bill Thomas, 56, of State Street, was arrested in March after an early morning stand-off with the Emergency Response Team.

He was also charged with criminal possession of a weapon.

Thomas turned down the plea offer last week, but was back in Genesee County Court this afternoon because a police officer witness won't be available at the time of the original trial date. The new date for jury selection to start the trial is Oct. 11.

Joel Bert Shorts, 55, of Stewart Street, Canisteo, is charged with third-degree criminal sexual act and endangering the welfare of a child.

Shorts was arrested at 11:30 p.m. on July 20 at Darien Lake Theme Park Resort following an investigation into an allegation that he engaged in oral sexual conduct with a 15-year-old male.

He was arraigned in Darien Town Court and released under supervision of Genesee Justice.

The case was handled by Sheriff's Deputy Bradley Mazur, assisted by Deputy Howard Carlson.