crime

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

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

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

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

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

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

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

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

Crossett said citizens sometimes see new problem areas before police.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      Daniel Wells

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"It is overly intrusive," Zimmermann complained.

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

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

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

Zimmermann was silent.

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

He will have to abide by a curfew.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The following people were arrested by the Genesee County Sheriff’s Office during the Post Malone Concert at Darien Lake Performing Arts Center on Saturday:

Paige P. Koumanis, 20, of Hunting Valley South, Clarence, arrested for obstruction, of governmental administration, 2nd, after allegedly interfering with NYS DMV Investigators while they were making an arrest. Koumanis was arraigned in Darien Court and remanded to jail in lieu, of $500 bail.

Michael P. Montgomery, 23, of East Busch Boulevard Tampa, Fla., arrested for criminal trespass, 3rd, after allegedly entering the concert venue without a ticket. Montgomery was arraigned in Darien Court and jailed in lieu of $1,000 bail.

Garrett F. Lewis, 20, of Otisco Valley Road, Marietta, arrested for criminal possession, of a forged Instrument, 2nd, and resisting arrest after allegedly possessing four fake licenses and fighting with NYS DMV Investigators while being arrested. Lewis was arraigned in Darien Court and jailed in lieu of $15,000 bail.

Cory Z. Vasquez, 17, of Murray Street, Fort Erie, Ontario, Canada, arrested for criminal trespass, 3rd, and criminal possession of a weapon, 4th, after allegedly entering the concert venue without a ticket and being found in possession of brass knuckles. Cory was arraigned in Darien Court and jailed in lieu of $750 bail. 

Sierra M. L. Laborgne, 20, of Royal Avenue, Buffalo, arrested for disorderly conduct after allegedly creating a disturbance while she was being investigated for striking two Live Nation employees. Laborgne was arraigned in Darien Court and jailed in lieu of $250 bail.

Tyler J. Holton, 21, of State Route 247, Rushville, arrested for trespass after allegedly reentering the concert venue after having been ejected and told not to return.

Joseph D. Philips, 21, of Roycroft Boulevard, Snyder, arrested for trespass after allegedly reentering the concert venue after having been ejected and told not to return.

Taylor L. Helms, 22, of Goodrich Road, Clarence, arrested for trespass after allegedly reentering the concert venue after having been ejected and told not to return.

Zachary P. Liberatore, 22, of Knob Hill Road, Orchard Park, arrested for criminal trespass, 3rd, after allegedly climbing over the exterior fence to view the concert.

Ahmed Alfuraiji, 22, of Crowley Avenue, Buffalo, arrested for criminal trespass, 3rd, after allegedly entering the concert without a ticket.

Haythem Taih, 23, of Lawn Avenue, Buffalo, arrested for criminal trespass, 3rd, after allegedly entering the concert without a ticket.

Qosai S. Abokefaya, 22, of Gladstone Street, Buffalo, arrested for criminal trespass, 3rd, after allegedly entering the concert without a ticket.

Leonard W. Marinaccio, 19, of Tennyson Terrace, Williamsville, arrested for criminal trespass, 3rd, after allegedly entering the concert without a ticket.

Samantha R. Martens, 19, of Fremont Avenue, West Seneca, arrested for criminal trespass 3rd after allegedly entering the concert without a ticket.

Michael Fernandez, 18, of Tara Crescent Thorold, Ontario, Canada arrested for trespass after allegedly reentering the concert after having been ejected and told not to return.

Woodrow Horseman

Woodrow C. Horseman, 42, no permanent address, Batavia, is charged with attempted assault, 2nd, obstructing governmental administration, 2nd, resisting arrest, and harassment, 2nd. Horseman was arrested after police responded to a report of a disturbance on Central Avenue at 11:38 p.m. May 23. Horseman was accused of punching another person in the back of the head with a closed fist while that person was assisting in the arrest of another person. Horseman was ordered held without bail.

Shaqueita L. Irvin, 26, of East Main Street, Batavia, is charged with disorderly conduct and resisting arrest. Irvin was charged after police responded to a complaint of a disturbance on Central Avenue at 11:38 p.m. May 23. She was jailed on $2,500 bail.

Ahdeosun R. Aiken, 20, of Ellicott Avenue, Batavia, is charged with disorderly conduct. Aiken was arrested after police responded to a report of a disturbance at 11:40 p.m., May 24, on Central Avenue. Aiken was jailed on $1,000 bail.

Lamont C. Crimes, 42, of North Street, Batavia, is charged with assault, 1st. Crimes is accused of stabbing another person with a knife during a fight at 4:30 p.m. Monday at a location on Church Street, Elba. 

Holly Marie Squires, 32, of West Bank Street, Albion, is charged with robbery, 2nd, and assault, 3rd. Squires allegedly stole money while being aided by another person and caused injury to the victim. Squires was jailed on $5,000 bail or $10,000 bond.

Jessica L. DeRidder, 30, of State Street, Batavia, is charged with grand larceny, 4th. DeRidder is accused of stealing the money of another tenant of a residence on State Street, by keeping rent money for herself instead of paying the landlord.

Jordan S. Thomas, 19, of East Avenue, Batavia, is charged with criminal possession of stolen property, 5th. Thomas was allegedly found in possession of a bicycle that had been reported stolen from outside Genesee County Probation on May 9. (Previously: Batavia man needs his bike back)

Walter B. Hale Jr., 40, of East Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, endangering the welfare of a child, and failure to stop at a stop sign. Hale was stopped at 8:33 p.m. May 15 on Summit Street, by officers Christopher Lindsay and Chad Richards. Hale is accused of having a passenger on his motorcycle less than 16 years old.

Trametrias L. Scott, 40, of Rochester, is charged with felony DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, failure to stop at stop sign, driving without stop lamps, uninspected motor vehicle, and circumventing interlock device. Scott was stopped at 8:45 p.m. Sunday on Route 33, Begen, by State Police. A trooper reported detecting the odor of alcohol after a traffic stop at Route 33 and Apple Tree Road, Bergen. Scott is accused of failing a field sobriety test. Her breath sample was allegedly .24 BAC. She was jailed on $2,500 cash or $5,000 bond.

Alexis R. Chavez, 19, of Pearl Street, Medina, is charged with driving while impaired by drugs, aggravated unlicensed operation, 3rd, unlawful possession of marijuana, driving while using a mobile device, and blocking a highway. Chavez is accused of stopping his vehicle without moving at West Main and Oak streets, Batavia, through four cycles of the traffic light. He was allegedly on his mobile phone. Officers Jason Ivison and Kevin DeFelice responded to the complaint.

Alexander H. Koch, 23, of Buffalo, is charged with DWI, failure to yield at an intersection, and failure to notify DMV of an address change. Koch was stopped by State Police after he allegedly turned from Snipery Road onto Route 33 in the Town of Pembroke and failed to yield to a trooper's patrol car, which had the right of way at 12:38 a.m. Sunday. Troopers say Koch failed a field sobriety test.

Joshua R. Nanni, 24, of Oakfield, is charged with driving while impaired by drugs, unsafe turn, and driving left of pavement markings. State Police responded to the Town of Pembroke at 10:40 p.m. May 22 for a report of a vehicle unable to maintain its lane. A trooper stopped Nanni after observing his vehicle allegedly engage in several traffic violations. The trooper reportedly detected the odor of alcohol and observed the driver's eyes were glassy.  Nanni allegedly failed a field sobriety test. A drug recognition expert also assisted in the investigation and Nanni provided a blood sample.

Nasir C. Nathan, 22, of West Main Street, Le Roy, is charged with harassment, 2nd. Nathan was allegedly involved in an argument on Watson Street, Batavia, at 6:54 p.m. Saturday. Nathan is accused of throwing a styrofoam cup at another person.

Amber L. LaRock, 18, of Lewis Place, Batavia, is charged with harassment, 2nd. LaRock was arrested in connection with an incident on Lewis Place reported at 6:15 p.m. Wednesday.

Travis L. Ettinger, 30, of West Avenue, Albion, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and speeding. Ettinger was stopped on Pearl Street, Batavia, at 11:19 a.m. Saturday by Officer Mitchell Cowen.

Heather D. Wendt, 32, of Holland Avenue, Batavia, is charged with endangering the welfare of a child. Wendt was charged after a child was found unattended at 12:54 p.m. May 17 on Holland Avenue, Batavia.

Donna M. Fidanza, 48, of State Street, Batavia, is charged with criminal possession of stolen property, 5th, and conspiracy, 6th. Fidanza was charged following an investigation into the left of property from a residence on East Main Street at 11:45 a.m. March 26.

Jonathan D. Wilson Jr., 36, of Buell Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Wilson was reportedly involved in a minor motor-vehicle accident at 4:46 a.m. May 20 on East Main Street, Batavia. The accident was investigated by Officer Frank Klimjack.

Korbin R. Ground, 20, of Crittenden Road, Akron, is charged with unlawful possession of marijuana and criminal use of drug paraphernalia, 2nd. Ground was allegedly found in possession of marijuana and drug paraphernalia at 9:46 p.m. May 22 on North Street, Batavia, by officers Jason Davis and Christopher Lindsay.

Joseph A. Kliszak, 19, of Meadow Drive, Alden, is charged with unlawful possession of marijuana. Kliszak was allegedly found in possession of marijuana at 11:27 p.m. May 22 at a location on North Street, Batavia, by Officer Jason Davis.

Eric J. Bratcher, 29, of Swan Street, Batavia, is charged with obstructing governmental administration, 2nd. Bratcher allegedly failed to obey an officer's commands during an investigation of a domestic incident on Pringle Avenue at 12:52 a.m. Wednesday.

James Michael Young, 54, of Thomas Avenue, Batavia, is charged with criminal obstruction of breathing and unauthorized use of a vehicle, 3rd. Young allegedly choked the victim after she confronted him about not returning a vehicle.

William Ransom Dieter Jr., 44, of Bennett Avenue, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Dieter was stopped at 2:55 a.m. Saturday on Main Road, Pembroke, by Deputy Mathew Clor.

Christopher M. Dilaura, 38, of Batavia, is charged with DWI, refusal to take breath test, moving from lane unsafely, and drinking alcohol in a motor vehicle. Dilaura was stopped by State Police at 5:25 p.m. Saturday on West Main Street, Batavia.

An 18-year-old from Batavia and Tricia M. Martinez, 25, of Batavia, are charged with petit larceny. The two people are accused of stealing in the Town of Pembroke at 12:16 p.m. Friday. They were arrested by State Police. No further details released.

People are "swinging shovels at each other" -- fighting at a mobile home park in Le Roy. Law enforcement is responding. 

We don't have the exact location of the mobile home park. It's in the 8700 block of Lake Street Road.

     Michael Joanette

Tips from readers of The Batavian have led to the arrest of Michael R. Joanette, 52, of Pavilion, on a charge of criminal mischief, 3rd, for allegedly smashing in the window of a white Corvette parked May 21 at the Red Osier Landmark Restaurant in Stafford.

State Police say the photos taken from surveillance video posted on The Batavian resulted in numerous tips.

Following further investigation by troopers, Joanette was identified as the suspect and taken into custody Friday.

Following arraignment in Pavilion Town Court, he was jailed on $20,000 bail or $40,000 bond.

 

James Michael Edwards, 23, of Upper Holley Road, Holley, is charged with driving while impaired by drugs, unlawful possession of marijuana, driving left of pavement markings, no seat belt. Edwards was the alleged driver in a personal-injury accident on Lockport Road, Elba, at 2:32 p.m. Wednesday. Edwards was arrested by Deputy Michael Lute.

Kenneth T. Parker, 34, of Phyllis Avenue, Buffalo, is charged with DWI, unlawful possession of marijuana, uninspected vehicle, loud exhaust, and refusal to submit to breath test. Parker was stopped at 11:20 p.m. Thursday on Highland Park, Batavia, by Deputy James Stack.

Jason Patrick Wickson, 36, of Searls Road, Byron, is charged with harassment, 2nd, and trespass. Wickson is accused of being involved in a physical altercation with two people on private property on Rose Road, Batavia, at 9:39 p.m. Sunday.

David Michael Howard, 36, of Wolcott Street, Le Roy, is charged with assault, 3rd. Howard is accused of pushing another patron of the Clover Leaf in Pavilion at 6:30 p.m. Saturday causing the person to fall, leading to head and elbow injuries.

Richard T. Fleig, 38, of Porter Avenue, Batavia, is charged with criminal possession of marijuana, 4th. As the result of an investigation by the Local Drug Task Force on Feb. 17, Fleig was allegedly found in possession of more than two ounces of marijuana. Sgt. Matthew Lutey and Officer Chad Richards assisted in the investigation.

Michael J. Smith, 70, of Le Roy, is charged with felony aggravated unlicensed operation, 1st, aggravated unlicensed operation, 3rd, driving while ability impaired by alcohol, failure to surrender suspended driver's license, and failure to keep right. Smith was stopped by Sgt. Colin Reagan, Wyoming County Sheriff's Office, in the Town of Warsaw, for alleged failure to maintain lane. He allegedly failed a field sobriety test. He reportedly has a pending felony DWI charge in Genesee County. He was jailed on $1,000 bail or $2,000 bond.

Edward Dexter McDonald III, 28, of West Main Street, Le Roy, is charged with two counts of harassment, 2nd, and trespass. McDonald was allegedly involved in a fight with two people on private property on Rose Road at 9:39 p.m. Sunday.

Joshua R. Nanni, 24, of Oakfield, is charged with driving while impaired by drugs, 1st, driving left of pavement markings, and unsafe turn. Nanni was stopped by State Police in Pembroke at 10:40 p.m., Tuesday.

Cathi A. Adams, 48, of Bergen, is charged with DWI. Adams was stopped by State Police on Swamp Road at 9:17 p.m. Monday.

Under a plea agreement with the District Attorney's Office, Eddie Lee "Pops" Miles pled guilty to three felonies this afternoon in Genesee County Court. They were culled from multiple charges in three Grand Jury indictments.

In addition, he accepted a number of conditions and terms and in return, two cases pending in Batavia City Court from last year will be dismissed. He was arrested in August for allegedly putting his arm around the neck of another person and charged with criminal obstruction of breathing and/or blood flow; and he allegedly injected his dog with an unknown purple liquid, garnering a charge of torturing or injuring an animal in violation of Agriculture and Markets law.

As part of the plea agreement, he agreed to relinquish ownership of his dog so it can find a new home.

Also in 2017, he was arrested on a warrant for allegedly selling crack cocaine on two occasions to an agent of the Local Drug Enforcement Task Force. Then on Jan. 7, he used a couch to barricade himself in an apartment at 20 Washington Ave., then set it on fire.

After a standoff, because Miles had allegedly threatened to shoot police officers, Miles exited the burning apartment through a back window and refused to come down from a roof, before agreeing to climb down a ladder.

He has been in Genesee County Jail since then without bail.

Today the 47-year-old Batavia native, who has a GED, made a factual admission of guilt on count three of Indictment 6074:

• Third-degree arson, a Class C felony. Prison is mandatory. The minimum is one to three years; the max is 5-15 years.

He made a factual admission of guilt on count one of Indictment 6036:

• Third-degree criminal possession of a controlled substance with intent to sell, a Class B felony, but if sentenced to the maximum prison term, becomes a Class C felony. He agreed to pay $160 restitution at the time of sentencing. The minimum is five and a half years, with one to two years of post-release supervision; the maximum is nine years with three years of post-release supervision.

He made a factual admission of guilt on count one of Indictment 6015:

• Second-degree unauthorized use of a vehicle, a Class E felony, for taking a 2000 Mercury Sable and operating it in the City of Batavia on May 18, 2017, without the owner's permission. This would garner an indeterminant sentence of one and a third to four years. He also had to admit to the Special Information filed by the District Attorney in the case wherein he acknowledged having been convicted of the same crime in the Town of Pembroke within the last 10 years. 

He will remain in custody until his sentencing, which is set for 2 p.m. on June 22, on the first two counts cited above. Those will run concurrently.

Sentencing on the count in Indictment 6015 is delayed until Aug. 13, pending the submission to the court of blood-test results.

As a condition of his plea agreement regarding the count in Indictment 6015, he must be tested for blood-borne pathogens; why was not explained. Failure to do so will result in voiding the plea agreement and subjecting him to maximum sentence guidelines and/or consecutive sentencing.

Miles has a prior felony conviction but it was 20 or more years ago, therefore for sentencing purposes, he will not be considered a second felony offender.

Judge Charles Zambito ordered a pre-sentencing report.

Henceforth, Miles cannot own or possess firearms. An order of protection was issued for a female victim until May 23, 2019.

Two blondes, neither of whom is the subject of the order of protection, sat in sandaled feet in the front row of the gallery this afternoon and they smiled at Miles when he entered the courtroom in shackles, wearing an orange jumpsuit. His hair was combed neatly and tied in a little graying ponytail in back. The older of the two women, who had ankle tattoos, mouthed something nice as he was led away.

     Nathaniel Wilson   Samuel Blackshear Jennifer Urvizu-Hanlon

Thursday's incident on Central Avenue that left one man dead of a knife attack and another man wounded by a gunshot may have stemmed from a series of confrontations between two groups of people over prior days, District Attorney Lawrence Friedman indicated during a press conference in the Genesee County Court building this afternoon.

The DA's Office announced the indictments of three individuals allegedly involved.

The confrontations appear to have been personal in nature and not gang or drug related, Friedman said.

"There had been confrontations I believe prior to this, maybe some physical violence between people prior to this or threats," Friedman said. "And, as I say, it just seemed to be a situation that was brewing between these groups."

He described the conflict as personal in nature but had no information to elaborate on regarding what may have led to the deadly encounter on Central between Nathaniel D. Wilson Jr., Samuel Blackshear, and Terry J. Toote.

The 30-year-old Wilson is accused of stabbing Toote, 41, to death and has been indicted by a Genesee County Grand Jury on counts of murder in the second degree, which carries a maximum prison term of 25 years to life, and criminal possession of a weapon in the third degree.

The man who allegedly shot Wilson in the leg, 17-year-old Blackshear, is indicted on counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree.

Blackshear is facing up to 15 years in prison.

The woman who is accused of handing over her handgun, which she was licensed to carry, 48-year-old Jennifer Urvizu-Hanlon, owner of the La Mexicana store in the Valu Plaza, is indicted on two charges of criminal possession of a weapon in the second degree.

The indictment accuses her of being an accessory to Blackshear's possession of the loaded firearm.

She is facing up to 15 years in prison.

Wilson's indictment also includes the district attorney's Special Information, which is a listing of Wilson's prior convictions. They are:

• Attempted criminal possession of a weapon, 3rd. He possessed a weapon in the Genesee County Jail on May 18, 2016.
• Attempted to knowingly make or possess dangerous contraband in prison, 1st. He possessed contraband in prison in Washington County on Sept. 10, 2010.
• Escape, 3rd. He escaped custody in the Town of Le Roy on Dec. 5, 2005.
• Menacing, 3rd. He menaced an individual Feb. 22, 2006, in the City of Batavia.
• Burglary, 3rd. He broke into a building Oct. 17, 2005.
• Attempted assault, 2nd. He attempted to stab another person Oct. 17, 2005. (See previous story)

All three defendants are being held without bail. They will be arraigned in County Court on June 5.

Friedman said he does not anticipate any further arrests related to this specific incident. 

There were numerous people present at the incident, perhaps more than a dozen, Friedman said, but he said he doesn't know what brought them there, though there had been people hanging out in the area for hours before the attack, or how long those involved were at that location prior to the stabbing.

Friedman commended the work of the law enforcement agencies involved, particularly the Batavia PD and Sheriff's Office, whose detectives had numerous people to interview to help prepare for the presentation of the case to the grand jury.

Top photo: District Attorney Lawrence Friedman, First Assistant DA Melissa Cianfrini, Batavia PD Chief Shawn Heubusch.

A man convicted of two counts of first-degree child sex abuse and one count of second-degree child sex abuse is counting down the days until his release after three years of incarceration.

Storm U. Lang, now 21, was sexually involved with three different victims on multiple separate occasions in 2014 when he was 17 years old.

He subjected a 7-year-old to sexual contact in the Town of Alabama; a 12-year-old to sexual contact in the Town of Alabama; and a 5-year-old to sexual contact in the Town of Bethany.

The child molester was back in Genesee County Court on Monday for a Sex Offender Registration Act (SORA) hearing to determine his threat level, which must be made within 30 days prior to his release.

Where he plans to live when he gets out was not discussed yesterday. He will have to register as a sex offender for the rest of his life and will be under post-release supervision for a decade.

The state Board of Examiners of Sex Offenders evaluated this case and provided a risk-level recommendation to the court -- Level 3 -- which means there's a high risk of repeat offense and a threat to public safety exists.

There are also three designations that may be assigned to a Level 3 sex offender: sexual predator, sexually violent offender, or predicate sex offender.

After lengthy discussions in both the morning and afternoon sessions, Judge Charles Zambito determined Lang warranted a Level 3 designation and deemed he met the legal definition of a sexually violent offender.

In making a decision, a point-scoring mechanism known as Total Risk Factor Score is considered; there may also be a request by the defense for a "downward departure" of the overall "presumptive score," which seeks to reduce the designation level as recommended or assigned -- an "override."

The District Attorney's Office agreed with the Board of Examiners' recommendation, which considers such factors as to whether there was use of force, weapons, alcohol or drugs, victim's age, number of victims, assault upon or injury to a victim, and relationship to the victim.

Public defense attorney Lisa Kroemer took issue with the points accrued in scoring her client's risk level -- a "presumptive score of 125"; her aim was to reduce the point score and persuade the judge that Lang is a Level 2 sex offender.

In part, her argument hung on a typo brought to her attention by the people earlier that morning that cited a victim instead of the plural victims for one of the risk factors.

"I'm arguing that the concept of double counting applies; I don't think you can pick and choose," Kroemer said.

First Assistant District Attorney Melissa Cianfrini denied double counting, saying the score remains 125 even without the typo, because one victim -- a 12-year-old -- was asleep, and therefore defenseless, when the sexual conduct occurred.

Calling Kroemer's argument "baseless and unwarranted," Cianfrini further characterized her logic as "a distinction in search of a difference."

Zambito said no matter how you add it up, Lang earned a score of 125 by his counting, the Board of Examiner's counting, and that of the DA's Office.

The duration of Lang's admittedly ongoing behavior, though no physical violence was used, constitutes "a continuing course of sexual conduct," sexual contact -- over clothes in Lang's case, and the age of victims was factored, too. 

Moreover, the prisoner admitted to authorities in three different instances that he also had sexually abused a 4-year-old victim when he was a juvenile, which was not included in the accounting made in his risk assessment, according to the judge.

"He is a sexually violent offender, based on his conviction -- a risk Level 3," Zambito said.

The Board of Examiners report says Lang has pedophilia and an anxiety disorder.

In addition, a state clinician specializing in sex offenders reported: Lang's likelihood of sexual recidivism is (determined to be) moderate to high; he has multiple and enduring high-risk personality traits; emotional disorders; impaired judgment; and impulsivity, and an inability to control himself."

"He's a Level 3 all day long, whether by points, by upward departure or override," Zambito said.

The defense attorney cited case law (People v. Burgos) that states that psychological/organic abnormality and decreased ability to control sexual behavior must be demonstrated before an upward override -- from a Level 2 (sought by the defense) to a Level 3 (sought by the people) -- can be granted.

The judge asked, "Doesn't the evaluation say that?"

No, Kroemer argued, it assessed his sexual recidivism risk as moderate to high, but she said if her client received treatment, the recidivism risk "should go down."

Kroemer also questioned the credentials of the clinician who performed the mental health assessment.

Cianfrini assured the court that Forensic Mental Health Counseling of Western New York and its clinicians were skilled specialists in the area of evaluating sexual offenders.

Whether or not treatment might help Lang was not considered.

The clerk of the court read Lang the law pertaining to his SORA responsibilities. He has to provide a new photo every year, register wherever he lives within 10 days, and provide authorities with his email address(es), online screen names, etc.

Lang has 30 days to appeal Monday's court decision.

Dressed in a white shirt, tan pants, brown lace-up boots, a belt, Lang was shackled, hands and ankles; accompanied by two state guards wearing uniforms with light-blue shirts. He is about 5'11" and 200 pounds, pale skinned, with heavy brows and chin-length brown hair.

He said nothing until he blurted out before leaving court that he gets out in "40 days."

There are currently 46 Level 3 sex offenders living in Genesee County, and a total of 186 convicted sex offenders at all levels reside here.

A caller reports three youths approached him and tried a strong-arm robbery.

He may have a knife or he may have a baseball bat.

The youths apparently did not get anything from him.

The caller is unfamiliar with where he is and dispatchers are trying to clarify so they can direct officers to the location. He was eventually located on Summit Street.

He described the youths as black males, two wearing red shirts, one with a dog on a chain.

UPDATE 9:39 p.m.: The description is now two black males and one white male with a dog. They are believed eastbound from Summit Street. An officer who responded reports being with two individuals.

 

The man in these photos is wanted for questioning in an incident at Red Osier Landmark Restaurant in Stafford yesterday at about 1:50 p.m.

At about the time these photos were taken sombody showed up at the restaurant who may have had a weapon and banged on doors and windows and caused some damage. That person is also believed to have smashed out the windshield in the white Corvette in the photos.

The man in the photos is believed to have been driving the gray car in the background of the bottom two photos.

Anyone with information that may assist in the investigation is asked to call the State Police at (585) 344-6200.

Lionel J. Anderson Jr. got some bad news and some good news in Genesee County Court this morning. Judge Charles Zambito sentenced the 16-year-old to an indeterminate state prison sentence of one to three years. But the judge also vacated his felony conviction on attempted second-degree assault, a non-violent Class E felony, and granted him youthful offender status.

That means his record in this matter will be sealed.

The judge could have sentenced Lionel up to four years under the terms of a plea agreement in this case.

He has served 160 days so far; with good behavior, he could get out in a little over six months -- before the end of the year.

In making the decision, Zambito said it serves the interests of justice, protects the community, and gets Lionel some help.

The Oklahoma native will serve time for his role in an altercation on Highland Park, Batavia, on the evening of Nov. 28. His 13-year-old victim was slammed to the ground, face first, then struck in the face, twice; the injuries stemmed from contact with a "metal belt buckle and/or curb."

He has remained in custody since the incident; his bail was $25,000.

Since his last court appearance, in April, a pre-sentencing report was completed, and attorneys on both side as well as the judge had read it in preparation for today.

Before sentencing, Assistant District Attorney Kevin Finnell told the court even though Lionel is young, he has amassed "a pile of history" in the last few months.

"He is in desparate need of services; he continues to use drugs; he behaves inappropriately at school," Finnell said. "He is a threat to society. He is a violent aggressor."

Thus, Finnell said the defendant should not be considered eligible for youthful offender status.

"It is fortunate that the victim in this case was not more harmed" as a result of Lionel's actions, Finnell said.

Public defender Michael Locicero said Lionel is utterly lacking in family support. No mention was made of his mother or her whereabouts. His father is incarcerated and his grandfather moved out of the area. He has been moved around a lot throughout his young life.

"He has had a tough go of it," Locicero said.

As for the altercation, Locicero noted that there were several individuals involved and Lionel "has taken responsibility for his part."

Locicero then asked the judge to consider granting his client youthful offender status and to sentence him to local jail or intermittant incarceration (weekends).

He cautioned Zambito that it would be "a mistake not to consider other factors" in Lionel's life that have shaped and influenced him.

When asked if he had anything to say on his own behalf, Lionel said clearly "No, sir." He was quiet and composed throughout the proceeding.

Judge Zambito said the report by the probation department deemed the defendant to be at the greatest risk; he has nowhere to go, no home to go home to. He was on probation at the time of his criminal act and was not doing well -- well beforehand. He noted the youth's prior history involves violence.

But despite his run-in with authorities, including at school, law enforcement and Family Court, Zambito noted this was his first criminal conviction and that it stemmed from a verbal argument involving several people that escalated. 

"He was not the primary aggressor," Zambito said about the incident, as documented in the probation department report. "He came to the aid of a friend. Whether this was a 'youthful indescretion' (as argued by the defense counsel) is debatable."

Wielding a belt, not inherently a weapon, was unusual, the judge said.

"You need to get some counseling," in order to figure out why you behave as you do, Zambito told the teen.

The defendant is not to possess guns. He has to pay $325 in fees/fines but does not have to submit to the DNA database because of his newly minted youthful offender status.

An order of protection is place for the victim until May 21, 2026.

Brooke L. Brumber, 18, of Washington Avenue, Batavia, is charged with criminal trespass, 2nd. Brumber was arrested on a warrant. She allegedly entered a residence on Washington Avenue at 8:01 p.m. May 3 without permission after being told she was no longer welcome there.

Matthew James Cratsley, 42, of Buell Street, Batavia, is charged with failure to report a change of address and failure to complete verification form. Cratsley allegedly moved and failed to notify the NYS Sex Offender Registry. He is also accused of failing to complete the annual registration form. 

Jonathan Peter Smith, 40, of Little Canada Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to signal. Smith was stopped at 1:28 a.m. May 13 on Main Street, Batavia, by Sgt. Thomas Sanfratello.

Sammy Lee Domthongmivanh Jr., 29, of Halstead Road, Alexander, is charged with: DWI; driving with a BAC of .18 or greater; failure to keep right; moving from lane unsafely; failure to attach registration sticker to vehicle. Domthongmivanh was stopped at 11:49 p.m. Saturday on Main Road, Pembroke, following a complaint of traffic offenses, by Deputy Eric Meyer.

Riecha B. Morris, 34, of Hawks Nest Circle, Greece, is charged with operating a motor vehicle while impaired by drugs. Morris was stopped at 9:33 a.m. Friday on West Main Street, Batavia, by Officer Kevin DeFelice following a complaint of erratic operation.

David L. Castaneda Trejo, 19, of Byron, is charged with criminal trespass, 2nd, and making a false written statement. Castaneda was arrested on an incident reported at 11:22 a.m. Sunday in the Town of Byron by State Police. No further details released.

Matthew J. Lamkin, 36, of Batavia, is charged with criminal mischief, 4th. Lamkin was arrested in connection with an incident reported at 11 p.m. Sunday in the Town of Batavia by State Police. No further details released.

Alexandria C. Pisarek, 25, of Corfu, is charged with acting in a manner injurious to a child. Pisarek was arrested in connection with an incident reported at 11:50 a.m. May 9 in the Town of Bergen by State Police. No further details released.

A caller reports that two individuals drove up on motorcycles to his residence on Rose Road and assaulted his son.

No word on any injuries. 

They left the area approximately five minutes ago.

Law enforcement is responding.