crime

A child sex predator said he was sorry today, but Judge Melissa Lightcap Cianfrini wasn't completely sold on his remorse.

Then when predator Wesley Thigpen refused to sign an order of protection to acknowledge that he had been served with it, that was almost more than the judge's patience could tolerate.

"That just shows me the kind of person you are," Cianfrini said. "Don't sign it. I don't care. I'll send the order to DOCs (the Department of Corrections), and your refusal to sign it is in the transcript. When they see it at a parole hearing, they can see how you acted." 

The 42-year-old Thigpen entered a guilty to predatory sexual assault against a child, a Class A-II felony, on Oct. 24. The plea agreement capped his sentence at 10 years to life.

"I took the plea deal because I wouldn't want to make them (his victims) go through a trial and have them traumatized again," Thigpen said during a lengthy statement that was supposed to be directed to the court but often used personal pronouns as if he was addressing his victims.

He had been previously warned by Cianfrini not to address his victims.

In his statement, Thigpen acknowledged that his victims and members of their family do not believe he is remorseful. He said he is.

"Breaking people's trust in you at such a massive level, of course they do not have faith in anything you say," Thigpen said. "I do have remorse. I am ashamed, and from day one, I've admitted it.  I didn't hide. 

"I understand the pain I caused," he added. "I am ashamed and sorry."

In 2019, while entering a guilty plea on sexual abuse charges, Thigpen called the statements against him attributed to one of his victims "(expletive) lies" after hearing the evidence the people would present against Thigpen if the case went to trial.

Today, Thigpen was less belligerent, saying he hoped his victims would find peace. 

"The shame is not with you," Thigpen said. "I understand it's embarrassing and I sympathize but the shame is not with you. You have done nothing wrong. There is nothing you did that caused this to happen. It's not your fault at all."

He added, "It's not on you. It's on me. The embarrassment and shame that I caused is on me."

It was at this point that one of the victims left the room in tears and members of her family followed.

First District Attorney Joseph Robinson objected to Thigpen's statements, pointing out that he had strayed from addressing the court to addressing the victims directly. 

Thigpen tried to explain that he was just trying to tell the court what he would say to his victims if given the chance.

Two victims spoke in court this morning, as well as their mother. 

"I'm torn to pieces," one of them said. "You made a mess of my life. The trauma affects my regular daily life. I am stuck trying to retain any relationship in my life. I can't keep a steady relationship.  It's affected me, and lately, I don't feel normal. I wish I could live a normal life."

She said she feels shame and she feels cheated.

The other victim to speak said, "it's hard to make friends with other kids and have a normal life at school.  I can't ever live a normal life and I carry this sick, dirty feeling with me.  It's hard for me to have a romantic relationship. I struggle with my body image and self-worth."

She said she's being treated for depression and is in counseling.

But she also said she has come out of the experience a strong and independent woman.

"I will never let another person hurt me the way you did," she said.

Their mother said, "My kids will never be the same because he took their childhood away.  I struggle every day because of the terrible things he did to them."

Robinson said Thigpen deserved a long prison sentence so he would have time to think about what he did.

"He stole from them not just their innocence. They will likely have this memory for the rest of their lives. They will have this memory no matter how many years he's in prison. They will move on with their lives, maybe start families, maybe have loving families, but that memory will always be with them no matter what happens."

Cianfrini had her own lengthy statement when it came time to explain her sentencing decision.

First, she addressed the victims, only she didn't call them victims. She called them survivors.

"That's a very strong thing to be in this world, a survivor," Cianfrini said. 

She said they can move on with their lives.

"You have survived something that is unsettling, but you can rise above it because you are strong. You are altruistic. You are smart. It's all of those things that are going to carry you forward in life and I believe you will have a positive impact on our society."

As for Thigpen, Cianfrini said, "Now you, Mr. Thigpen, you are poison. You are the worst kind of poison."

She added, "Sexual abuse is a poison that goes through society. It goes through whole families."

She reminded him that he had been a victim of sexual abuse and that he should know what it does to people, "and you did it anyway."

She recalled that at his hearing where he entered his guilty plea, he "tried to back peddle." 

She said he likes to write letters and told him to stop trying to write letters to third parties in order to communicate with "the survivors." 

"It's not legal," she said.

She noted that one of the victims left the room while he was making his statement and said that was because he doesn't know how to regulate his speech and understand its impact on other people. 

"You went too far and that's what you do," Cianfrini said. "You always go too far."

After Cianfrini reprimanded Thigpen for his refusal to sign the order of protection, she pronounced sentence.

Ten years to life.

Then Thigpen tried to address the court.  Cianfrini told him, "You've had your opportunity to speak." He tried again. She said, "no." Then she stood up and walked out of the chamber before corrections officers removed Thigpen from the court to return him to prison. Maybe for the rest of his life.

Ricardo Castillo, Jr., 39, of Oakfield, is charged with rape 1st and rape 3rd. Castillo was arrested in connection with an alleged crime reported on Oct. 26 in the Town of Sheldon.  He was arrested as the result of a joint investigation by the Wyoming County Sheriff's Office and the Genesee County Sheriff's Office.  Castillo was arraigned in the Town of Warsaw Court and ordered held on $100,000 bail, $200,000 bond, or $400,000 partially secured bond. Previously: Oakfield man accused of multiple counts of rape and criminal sexual act

Jacqueese X. Wapnieski, 19, of Batavia, is charged with burglary 2nd, criminal mischief 4th, grand larceny 4th, and criminal possession of stolen property 4th. Wapnieski is accused of breaking into a house on Tracy Avenue, Batavia, at 3:04 p.m. Oct. 31. He allegedly caused damage to the house and stole various household items. He was arraigned in City Court and released under supervision. 

Stephen E. Pike, 26, of Pavilion, is charged with strangulation 2nd and criminal mischief 4th. Pike was arrested on Nov. 2 in connection with an incident reported at 2 a.m. Aug. 6 at a location on Liberty Street. He was arraigned in City Court and ordered held without bail.

Eric Peter Doleman, 52, of West Main Street, Batavia, and Curtis Williams, 56, of Pearl Street, Batavia, are charged with promoting prison contraband 2nd and conspiracy 6th. Doleman and Wiliams are accused of conspiring to have Williams smuggle in a $20 bill into the Genesee County Jail and pass it to Doleman during a visitation. Both were issued appearance tickets.

Jason H. Freeman, 41, of Batavia, is charged with failure to appear. Freeman was arrested on a warrant on Nov. 2, arraigned in City Court, and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Tamera A. Innocent, 25, of Dansville, is charged with harassment 2nd. Innocent is accused of striking a man in the face with a closed fist during an argument at 2 a.m. Oct. 30. Innocent was issued an appearance ticket.

Joanne Jones, 53, of Buffalo, is charged with harassment 2nd. Jones was allegedly involved in a disturbance at a residential facility on East Main Street at 9:51 p.m. Oct. 29. She was released on an appearance ticket.

Nolan Robert Powless, 25, of Pearl Street, Medina, is charged with petit larceny. Powless was arrested on a warrant issued in the Alabama Town Court. He was processed at the Genesee County Jail and released on his own recognizance. 

Tyler M. Thomas, 30, of Batavia, is charged with petit larceny. Thomas was arrested by State Police at 7:51 p.m. Nov. 4 in the Town of Lockport. He was released on an appearance ticket. No further information released.

Michal A. Casterline, 66, of Anderson, Ind., is charged with DWI and driving with a BAC of .08 or greater. Casterline was stopped by State Police at 7:21 p.m. Nov. 2 in the Town of Darien. He was released on an appearance ticket.

A 27-year-old Rochester man who goes by the nickname "Fatboy" is facing 10 felony charges related to alleged dealing after a six-month investigation by the Local Drug Task Force.

Tyshon McCullough, of Bradburn Street, Rochester, is charged with five counts of criminal sale of a controlled substance in the third degree and five counts of criminal possession of a controlled substance in the third degree.  Both charges are a Class B felony.

McCullough was taken into custody on a warrant stemming from a sealed indictment on Friday while he was at City Court on a separate matter. 

He is accused of selling crack cocaine to an agent of the task force in the City of Batavia on five separate occasions. 

Following arraignment in County Court, McCullough was released on his own recognizance.

The task force was assisted by uniformed deputies and the District Attorney's Office.

A Buffalo man was charged with second-degree manslaughter after he allegedly caused the death of a female passenger on the motorcycle he was driving just before noon Friday, City Police say.

At approximately 11:57 a.m., the Genesee County Emergency Dispatch Center received a report of a motorcycle accident at the roundabout on Oak Street Extension. Batavia Police arrived and located a female on the ground in the roundabout and the operator of the motorcycle fleeing the scene.

Mercy EMS and the Batavia City Fire Department were dispatched and arrived to render aid to the female. The operator was stopped by Batavia Police and returned to the scene. While medics were attempting to render aid to the female, the operator of the motorcycle allegedly attempted to interfere with EMS personnel.

The operator, identified as Christopher Scinta, 27, of Buffalo, was then taken into custody. Scinta was transported to Batavia Police Headquarters, where he allegedly attempted to flee again by damaging and jumping out of a window. Scinta was quickly apprehended.

The female, Jasmyne Rubel, 17, was transported to UMMC, where she was pronounced dead.

Based on the investigation, it's alleged that Scinta was operating the motorcycle in a reckless manner and at a high rate of speed on Pearl Street, with Rubel as a passenger. Scinta struck the curb near the roundabout, causing him to lose control. The motorcycle came to rest on South Main Street, east of the roundabout. No other vehicles were involved in the accident.

Scinta was arrested on the following charges:

• Manslaughter 2nd
• Obstructing Governmental Administration 2nd
• Obstructing Emergency Medical Services
• Criminal Mischief 4th
• Operator left scene of an accident - injury resulting in death
• Reckless Driving
• Improper passing on the right
• Driving a motor vehicle on a sidewalk
• Operate motor vehicle by an unlicensed driver
• Operate an unregistered motor vehicle on a highway
• Operate a motor vehicle without insurance
• Operate a motor vehicle without an inspection certificate
• Speed not reasonable and prudent
• Operate a motorcycle with improper plate
• Failed to stop at a yield sign when required

Scinta was arraigned in Batavia City Court before Judge Thomas Burns and remanded to the Genesee County Jail on $25,000 cash, $50,000 bond, or $100,000 partially secured bond. Scinta is scheduled to reappear in Batavia City Court at 1:30 p.m. Thursday.

Anyone with information is asked to contact Detective Sergeant Matt Lutey at 585-345-6311, the Batavia Police Department's confidential tip line at (585) 345-6370.

Accident scene photos by Alecia Kaus/Video News Service.

A 25-year-old man is facing an attempted murder charge following a Batavia police investigation into a stabbing reported on Jackson Street, Batavia, at 9:30 p.m. on Oct. 18.

Tyshon L. Taylor is charged with attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the third degree.

He is accused of stabbing a person who was walking on Jackson. The stab wound was in the victim's abdomen. The victim was transported to Erie County Medical Center and treated. The victim survived the attack.

Taylor was arraigned in City Court and ordered held without bail.  He is scheduled to appear in City Court at 1:30 p.m., Nov. 10.

Batavia PD did not release the location of Taylor's residence.

After pleading guilty to a drug-dealing charge and then getting arrested on a weapons possession felony, Tarrence Y. Williams wanted a new attorney, one he thought could help him get a plea bargain that consolidated his cases.

Judge Melissa Lightcap Cianfrini granted Williams' request on Oct. 18 to change attorneys even though District Attorney Kevin Finnell said he saw no grounds for letting Williams withdraw his prior guilty plea.

Williams was back in court today for sentencing on the drug conviction, but Finnell was called away on other business so Cianfrini granted a request by Fred Rarick, the assigned counsel now representing Williams, to adjourn the sentencing.

He is awaiting a response from Finnell on whether Finnell is willing to reduce the felony weapons charge -- criminal possession of a weapon in the second degree -- to a misdemeanor. 

That would be a significant change. Cianfrini noted today that since the second alleged felony occurred while the defendant was waiting for sentencing on a prior felony conviction, she would have no choice but to sentence him to consecutive terms on the two convictions.

Williams pled guilty to attempted criminal possession of a controlled substance third, following an arrest on drug-dealing-related charges in December.

On Sept. 30., Williams was arrested again after Batavia city patrol officers responded to a report of shots fired on Ellicott Street.  Williams was taken into custody after a foot pursuit and a weapon was reportedly found under a bush near the M&T Bank branch off Court Street.

Williams was then charged with criminal possession of a weapon second, a Class C felony, and criminal possession of a weapon fourth, a Class A misdemeanor.

The case was continued to 11 a.m. Dec. 6, and Cianfrini kept his bail at the previous $50,000 cash, $100,000 bond, or $200,000 partially secured bond.

A jury has convicted Robert L. Williams of two counts of animal cruelty for pouring some sort of corrosive agent on two dogs in January 2021.

They also found Williams guilty of two counts of criminal mischief 4th.

The animal cruelty convictions come under New York's Ag and Markets Law so the maximum sentence Williams faces is two years local confinement in the Genesee County Jail.  He can't be sent to prison on the conviction.  The maximum sentence for criminal mischief convictions is one year in jail.

Assistant District Attorney Robert Zickl, who prosecuted Williams, said nobody saw what Williams poured on the dogs, and Williams has denied the conduct, but the physical evidence supports the prosecution's theory of the case.  

One dog sustained burned fur and skin. The other dog's eyes were burned.  Both dogs have made a full recovery, Zickl said.  The dog with the burned eyes shows no ill effects.

The dogs belonged to the girlfriend of a person Williams was living with at the time of the incident.

Shawn R. Wisniewski, 33, no permanent address, is charged with grand larceny 3rd, unauthorized use of a motor vehicle, and burglary 3rd. At 7:29 a.m. on Oct. 25, police received a report of a suspicious person in a parking lot on Bank Street. A male was reportedly trying to get into vehicles. A short time later, police received a report of a vehicle being stolen from the parking lot. A vehicle matching the description of the stolen vehicle was spotted traveling westbound on West Main Street in the area of Denny's. The vehicle failed to stop for patrols. After the pursuit was terminated, the vehicle was located in East Pembroke along with a suspect, who was identified as Wisniewski. Through an investigation, officers came to believe that Wisniewski also broke into an office on Washington Avenue prior to the stolen vehicle report. He was arraigned in City Court and ordered held on $25,000 bail, $50,000 bond, or $100,000 partially secured bond.

Ronnie Kevin Johnson, 52, of Federal Drive, Batavia, is charged with rape 1st (forcible compulsion), unlawful imprisonment 2nd, menacing 2nd, criminal obstruction of breathing or blood circulation, criminal possession of a controlled substance 3rd, and criminal possession of a controlled substance 4th.  Johnson was arrested by the Sheriff's Office on an arrest warrant on Oct. 27. He was charged following an investigation by Deputy Zach Hoy, Deputy Ayrton Blankenberg, Investigator Chad Minuto, and Investigator Ryan Delong. The Sheriff's Office release states the date and time of the alleged incident is 6:28 p.m. Oct. 27 and the location as Park Road.  Johnson was arraigned in Town of Batavia Court and ordered held without bail.

John Sumlin III, 43, of Batavia, is charged with harassment 2nd and criminal possession of a controlled substance 7th. Sumlin is accused of striking a woman in the neck during an argument at 1:46 a.m. Oct. 23, at a location on West Main Street, Batavia. Sumlin was arraigned in City Court and released on his own recognizance. 

John Sumlin III, 43, of West Main Street, Batavia, is charged with burglary 1st, criminal contempt 1st, criminal mischief 1st, assault 3rd, and menacing 2nd.  Sumlin is accused of unlawfully entering a residence on West Main Street at 5:36 a.m. on Oct. 23. While in the residence, he allegedly held a knife to the neck of a woman and threatened to kill her and her children. He then allegedly broke the television.  He was arraigned in Town of Batavia Court and ordered held without bail.

Linda L. Betties, 59, of Batavia, is charged with trespass. Betties is accused of trespassing on property at 10:25 a.m. on Oct. 24 that she had been barred from on Cherry Street, Batavia. She was issued an appearance ticket.

Brian M. Raphael, 34, of Batavia, is charged with failure to appear. Raphael was arrested on two warrants for alleged failure to appear on an appearance ticket. Raphael was arraigned in City Court and ordered held on $5,000 bail, $10,000 bond, or $25,000 partially secured bond.

James A. Colantonio, 53, of Batavia, is charged with harassment 2nd. Colantonio was arrested following an argument with a co-worker reported at 2 p.m. on Oct. 23 at a location on West Main Street, Batavia. He was issued an appearance ticket.

Kyle J. Schroeder, 25, of Batavia, is charged with criminal mischief 4th. Schroeder is accused of damaging property at a business on Jackson Street, Batavia, at 12:20 a.m. on Oct. 1. Schroeder was arraigned in City Court and released under supervision.

Isaiah L. Poole, 22, of Albion, is charged with criminal contempt 2nd. Poole was arrested on a warrant, arraigned and ordered held on bail.

Johnnie M. Waston, 39, of Batavia, is charged with criminal mischief 3rd. Waston is accused of damaging the property of another person on North Spruce Street at 8:13 a.m. on July 21. He was arraigned in City Court on Oct. 21 and ordered to reappear on Nov. 10.  Waston was also arrested on a warrant for alleged failure to appear on a prior charge.

Joseph T. Martino, 30, no permanent address, is charged with burglary 3rd and grand larceny 4th.  Martino is accused of entering a business with the intent of committing a crime on East Main Street at 6:58 a.m. on Oct. 9 and then stealing merchandise worth more than $1,000.  Martino was arraigned in City Court and jailed on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Lance Marquette Mercado, Sr., 32, of Vine Street, Batavia, is charged with aggravated harassment 2nd. Mercardo is accused of repeatedly calling another person, threatening physical harm, and causing the victim to fear for his or her safety. The incident was reported at 5:38 p.m. on Oct. 29. Mercado was arraigned in Town of Batavia Court and ordered to return at a later date. Mercado is also charged with criminal possession of a weapon.  Mercardo was arrested by Deputy Zachary Hoy following a report on Oct. 29 at 6:44 p.m. at a location on Dodgeson Road, Alexander. Mercado was located at another location, roadside, on Dodgeson Road and interviewed. He was allegedly found in possession of knife knuckles. 

Rebecca Lee Gugel, 38, of Route 5, Batavia, is charged with criminal trespass 2nd. Gugel is accused of knowingly entering a residence with no right to do so on East Bethany Le Roy Road, Bethany, on Oct. 22 at 11:25 a.m.  She was issued an appearance ticket.

Nickolas Adam Figlow, 20, of Oak Street, Batavia, is charged with criminal mischief 4th and harassment 2nd. Figlow is accused of damaging a victim's vehicle and of following the victim to Walmart on Oct. 27 at 10:30 p.m.  Figlow was arraigned in Town of Batavia Court and ordered to return on Nov. 15.

James M. Dimatteo, 42, of Barre, is charged with DWI. Dimatteo was stopped at 9:58 a.m. on Oct. 28 by State Police in the Town of Elba. Dimatteo was released to a third party. 

State Police are looking for a person in connection to the theft of a wallet from a shopping cart at the Batavia Walmart on Oct. 27.

Troopers would like to identify the woman in the photo.

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

Crosby's convenience stores have apparently become the target of burglars after closing hours recently.

The most recent burglary was at 12:05 a.m. on Saturday at the Crosby's on Clinton Street Road, Batavia. The store closed at 10 p.m. on Friday night.

A source said it doesn't appear that anything of value was taken, but the burglars did make a mess of the store.

The State Police are investigating the Batavia burglary, said Sheriff's Office Chief Deputy Joseph Graff.

He confirmed there was also a burglary at the Crosby's in Elba on Oct. 23, which is under investigation by the Sheriff's Office, and in Albion on Oct. 22.

"Preliminary indications all look to be similar MOs," Graff said. 

Press release:

The Batavia Police Department is looking for public assistance in identifying the operator of the dirt bike in the photos. The individual has been operating in an unsafe manner throughout the city. Officers would like to speak to the individual to prevent future incidents. Anyone with information is asked to contact Officer Pete Post at (585) 345-6350, the Batavia Police Department's confidential tip line at (585) 345-6370.

Press release:

The Batavia Police Department would like to advise the public that "rainbow fentanyl" pills have recently been located in the city of Batavia. The drugs were found in a local gas station bathroom and turned over to officers. The tablets are blue in color and stamped into the shape of a bear. There hasn't been any association between these pills and Halloween, but the department wants to remind parents to check their children's candy before consumption. If any candy is opened, appears to have been tampered with, or looks suspicious, throw it out. If any illegal drugs are located in Halloween candy, please contact the police department at (585) 345-6350. Have a safe and Happy Halloween.

Isaiah Lorenzo Poole, 22, of South Clinton Street, Albion, is charged with 16 counts of possession of a forged instrument and criminal contempt 2nd. Poole allegedly possessed 16 counterfeit $100 bills at 4:45 p.m., Oct. 23, at the Crosby's in Elba. He also is accused of violating an order of protection. 

Breanna Michelle Cragg, 29, of Richmond Avenue, Buffalo, is charged with DWI and driving with a BAC of .08 or greater. Cragg was charged following a roadside check at 1:19 a.m., Oct. 23, on Route 33, Stafford, by Sgt. Mathew Clor and Deputy Nicholas Chamoun. She was issued an appearance ticket.

Johnnie M. Waston, 39, of Dodge Street, Rochester, is charged with endangering the welfare of a child and harassment 2nd. Waston is accused of being involved in a disturbance reported at 7:04 a.m., Oct. 21, at a residence on Shady Lane, Batavia. He was arraigned in Town of Stafford Court and released.

Kevin P. Kage, 35, of West Avenue, Medina, is charged with criminal sale of a controlled substance 5th and criminal possession of a controlled substance 5th. Kage is accused of selling methamphetamine to an agent of the Local Drug Task Force in Batavia on two separate occasions. He was arrested on a warrant stemming from a sealed indictment and jailed pending arraignment in County Court. He was arraigned on Oct. 20 and released.

Connie Rae Todd, 51, of Slayton Sett Road, Gasport, is charged with DWI and speeding. Todd was stopped at 1:12 a.m., Oct. 26, on Lewiston Road, Batavia, by Sgt. Mathew Clor. She was released on an appearance ticket.

Margareta Tamasi, 75, of Le Roy, is charged with unlawful dealing with a child/alcohol. Tamasi was arrested by State Police on Oct.  24 in the Town of Batavia in relation to an incident reported at 7:04 p.m. on Oct. 21 in Le Roy. She was released on an appearance ticket. No further information released.

An investigation stemming from the report of a vehicle that was damaged while the owner was at a City Council meeting on Sept. 12 has resulted in charges for Jill M. Turner of Batavia.

Turner, 40, was charged with criminal mischief, second-degree, upon her arrest on Oct. 13, city police said. She was arraigned in Batavia City Court and released on her own recognizance, to return at 1:30 p.m. Thursday.

The unidentified owner of the defiled automobile filed a claim after that September meeting, stating that someone had poured nail polish on her vehicle while she was at the meeting and a public hearing about a current law that allows farm animals within city limits.

Some residents, including the claimant, who lived near Turner had complained that her goats and other animals were a nuisance to the neighborhood. Turner was not at the meeting that drew some 30 people to the second-floor City Council chambers that evening. Shannon Maute, one of her neighbors, said she "was happy to see that an arrest had been made."

"We are tired of being tormented and bullied by Jill," Maute said to The Batavian Sunday evening. "I hope that this will send her a message that she can't get away with it any more. There are consequences for her actions and her behavior."

Detective Eric Hill had confirmed at the time when the damage was first noted that there was “an open investigation into the matter right now,” after The Batavian inquired about the damaged vehicle that was parked in Jefferson Square.

“I’m not sure on the level and location of polish and we don't have an estimate (of the value of the damage) at this time,” Hill had said in an email to The Batavian.

UPDATED 3:20 p.m.: According to a source close to the vehicle owner, the damage has been assessed at nearly $2,000.

A 17-year-old resident of Wolcott was charged with grand larceny 3rd and unauthorized use of a vehicle. At 12:38 a.m. Oct. 15, Le Roy police officers received a report of a stolen vehicle on Selden Road, Le Roy. Officers were able to track the location of the vehicle using its OnStar system. A short time later, the 2020 Chevy Silverado was located in the Town of Cheektowaga and was reportedly occupied by the 17-year-old.  He was arrested by Cheektowaga PD and turned over to Le Roy PD. He was issued an appearance ticket.

Joseph T. Martino, 30, no permanent address, is charged with four counts of petit larceny. At 1:37 p.m. Oct. 8, Martino allegedly stole merchandise from a local business on East Main Street, Batavia. He is also accused of shoplifting three separate times from two businesses on Jackson Street, Batavia on Oct. 2. He was issued an appearance ticket on all arrests.

Aaron T. Hendershot, 26, of Batavia, is charged with criminal contempt 2nd. Hendershot is accused of violating an order of protection by being at the home of the protected party at 1:39 p.m. Oct. 10 on Ellsworth Avenue, Batavia.  He was issued an appearance ticket.

Marcella F. Greene, 38, of Bliss, is charged with unauthorized use of a vehicle. Greene was arrested on a warrant issued in connection with an incident reported at 3 p.m. April 23 on East Main Street, Batavia. He was arraigned in City Court and ordered held on bail and ordered to appear again on Oct. 27 appearance.

Tammy L. Cicatello, 52, of Batavia, is charged with driving while ability impaired by drugs, leaving the scene of a property damage accident, and following too close. Cicatello was allegedly involved in a property damage accident at 9:55 a.m. Sept. 1, on Oak Street. She was arrested on Oct. 6 by Batavia PD. She was issued an appearance ticket.

Christine M. Caplis, 42, of Batavia, was arrested on a bench warrant. She was arraigned in City Court and ordered held on $5,000 bail, $7,500 bond, or $10,000 partially secured bond.  No information released on the nature of the warrant. 

(name redacted upon request), 32, of xxxx, xxxx, xxxx. xxxx is charged with DWI, obstruction of governmental administration, failure to dim lights, drinking alcohol or using cannabis in a motor vehicle on a highway, and unregistered vehicle. xxxxx was stopped at 10 p.m. Oct. 6, on Route 20 in Darien by Deputy Alexandar Hadsall. He was ordered to return to Darien Town Court at 1 p.m. Oct. 20.

Seth Alan Wilt, 18, of Richley Road, Corfu, is charged with grand larceny 4th and petit larceny. Wilt is accused of stealing more than $1,000 worth of merchandise from his employer at 8363 Lewiston Road, Batavia (the former Kmart location) and of stealing $724.45 in merchandise from the same location. The thefts were reported at noon on Sept. 1. He was arrested on Oct. 12 by deputies Mason Schultz and Nicholas Charmoun. He was released on an appearance ticket. 

James Preedom, 38, of Batavia, is charged with criminal contempt 1st, harassment 2nd, and endangering the welfare of a child. On Oct. 14, State Police responded to a report of a disturbance at a residence in the Town of Batavia and arrested Preedom as a result. He was released under supervision.

Justin Cowell, 40, of Batavia, is charged with four counts of criminal contempt 2nd, acting in a manner injurious to a child, unlawful dealing with a child, and selling tobacco to a minor. Cowell was arrested by State Police on Oct. 20 in connection with an incident reported at 2:08 p.m. Oct. 3 in the Town of Batavia. He was ordered held in jail. No further information was released.

Charles L. Dockstader, 76, of Basom, is charged with two counts of course of sexual conduct with a child less than 11 years old. Dockstader was arrested by State Police on Oct. 19 in connection with an incident reported at 12:02 p.m. Oct. 12 in the Town of Alabama.  He was ordered held on bail. No further information released.

Earl B. Benson, 34, of Byron, is charged with DWI. Benson was stopped at 10:17 p.m. Oct. 18 in the Town of Byron by State Police. He was released on an appearance ticket.

Keona R. Thomas, 33, of Stafford, is charged with DWI.  Thomas was stopped at 2:22 a.m. Oct. 16 in the Town of Stafford by State Police. Thomas was released on an appearance ticket.

The future of Oddey, the French bulldog that reportedly overdosed on narcotics three times in May and June, may soon be resolved while the criminal case against Oddey's owner, Cassandra Elmore, will likely remain pending for some time.

Elmore appeared in City Court today with her public defender Jamie Welch.

Welch indicated he needs more time to file motions in light of new evidence (he didn't specify what the evidence is), new discovery turned over by the District Attorney's Office (again, not specified), and his recent receipt of lab reports (he didn't indicate what the lab results reveal).

He indicated the charges of injuring an animal under New York's Ag and Markets Law are more complicated than typical penal statutes and required more research. 

Judge Thomas Burns agreed it is a complicated case and gave Welch until Nov. 25 to file his motions, and gave Assistant District Attorney Jenna Bauer until Dec. 8 to file her answering papers.  He set a hearing date on motions for Dec. 15 at 1:30 p.m.

If that's all there was to the case, Oddey would be guaranteed at least two more months of confinement at the Genesee County Animal Shelter, but after the motion dates were set, Welch said there was one more thing to discuss.

His client, he said, was willing to meet with representatives of the "animal rights" group following the case -- referring to Volunteers for Animals. He said he didn't know if there were any respresentatives in court today -- there were -- but invited them to stop by the Public Defender's Office and pick up a copy of his card so they could discuss the future of Oddey.

Burns said it was wonderful news that there are options for Oddey.

"Options are good," he said.

Bauer said, "I believe that's the top concern of everybody here."  She suggested that if an agreement could be reached regarding Oddey, a status appearance date be set so the issue could be resolved sooner than two months from now.

After meeting with the attorneys at the bench, Burns said the case will remain on the calendar for Dec. 15, but if an agreement is reached before then, the case can be recalled and the Oddey matter could be resolved in that appearance.

The case was then adjourned.

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

A Batavia man who already admitted to a drug-dealing-related charge wants the chance to withdraw his plea so he can perhaps bargain for a prison sentence that includes a gun possession arrest on Sept. 30.

Tarrence Yuron Williams, 22, asked for a new attorney in County Court today saying he was dissatisfied with the representation provided by Public Defender Jerry Ader.

Judge Melissa Lightcap Cianfrini granted Williams' request to change attorneys even though District Attorney Kevin Finnell said he saw no grounds for letting Williams withdraw his prior guilty plea, which occurred before the second alleged gun possession charge following a "shots fired" incident on Ellicott Street in Batavia.

Williams was arrested in December and charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, criminal possession of a firearm, criminal obstruction of breathing and blood circulation, and menacing 3rd.  

He later entered a guilty plea to attempted criminal possession of a controlled substance 3rd.

A drug possession charge in the third degree means authorities believe you possessed enough narcotics to sell, not just what you need for your own consumption.  It doesn't mean the defendant was caught in the act of selling drugs.

Then on Sept. 30, while Williams was awaiting sentencing on the drug charge -- that was supposed to be today -- police responded to Ellicott Street in Batavia for a report of shots fired and a man running from the area.

Sgt. Dan Coffey spotted a man on the Ellicott Trail between Jackson and Evans streets, and the man ran so Coffey chased him.  The man was later tackled in a grassy area next to Court Street, and later a weapon was recovered under bushes near M&T Bank.

Williams was charged with criminal possession of a weapon 2nd, a Class C felony, and criminal possession of a weapon 4th, a Class A misdemeanor, and jailed on $50,000 bail.  He remains in custody.

He asked to be released under supervision so perhaps he could find his own attorney, mentioning Thomas Burns as his preference. He wanted to know if there was a way to have Burns assigned to him through the assigned council program.

Cianfrini said the assigned attorney program will assign the next attorney in line and available, not necessarily the attorney of his choosing.

She said he could get friends or family to contact a retained attorney if he didn't want an assigned attorney.  

He would have to pay for a retained attorney.

It was one of the most significant sentences she's ever given out as a judge, Melissa Lightcap Cianfrini told convicted arsonist Matthew Zakrzewski right after telling him he was going to prison for 10 years.

Ten years was the maximum Cianfrini could give to Zakrzewski under terms of a plea agreement.

In August,  Zakrzewski admitted to arson 2nd and arson 3rd.

If a slip of the tongue is any indication of what was on her mind, she would have sent him to prison longer.  

She sentenced him to 10 years on the arson 2nd conviction and then said she was sending him to prison on arson 3rd for 7 1/2 to 15 years.

A couple of minutes later, she caught her mistake and amended the arson 2nd term to five to 10 years.

Cianfrini called Zakrzewski a danger to society.

"The system needs to have you under supervision for as long as possible to ensure society's safety and security," Cianfrini said.

Both sentences will run concurrently.  Zakrzewski also faces five years on parole once he's released.

Part of Cianfrini's reasoning includes Zakrzewski's lengthy criminal record, which she characterized as escalating in severity, including a DWI and an assault, along with his failure to abide in the past with terms of his release.

She acknowledged Zakrzewski's substance abuse and mental health issues but told him he should use his time in prison to rehabilitate himself. 

"Prison can't make you do anything," Cianfrini said. "They can't force you to take classes. They can't force you into counseling.  It's up to you to do those things on your own."

The 42-year-old Batavia resident admitted to starting a fire at Washington Towers on Jan. 16, among other crimes on that date and preceding days.

The fire caused more than $10,000 in damage (Zakrzewski was ordered to pay restitution) but District Attorney Kevin Finnell said it could have been much worse.

"We were moments away from a disaster," Finnell said. "There's no excuse, reason, substance abuse, mental health issues, that can excuse starting that fire in an apartment building filled with older residents who could have lost their lives."

Defense Attorney Fred Rarick pointed to Zakrzewski's long history of mental health issues and a system, he said, that hasn't done much to assist him.  He asked for a five-year prison term.

Zakrzewski apologized for his actions and admitted his struggle with drug and alcohol abuse.  He said what he did at Washington Towers wasn't really who he is.

"Thank God, nobody was seriously hurt or killed," Zakrzewski said.

One of the two men charged with murder in the double homicide of farm workers in Alexander on March 11 had a hard time deciding whether to accept a plea deal that would have capped his prison sentence at 23-to-life.

The alternative, if convicted at trial, would be a possible sentence of life without parole.

Raul Cruz had multiple conferences over the course of the day with his attorney Fred Rarick but it was a family member sitting in the gallery who persuaded Cruz to take the deal.

"What are you doing?" asked a woman who later identified herself as the defendant's sister-in-law.

A few minutes before that question, Rarick had returned from a private meeting with Cruz and informed District Attorney Kevin Finnell that Cruz had changed his mind and would reject the plea offer.

Then Cruz came in, and in response to the woman's question said he didn't know what to do.

"It's hard," he said. "I don't understand. They're offering a deal on a case that's still under investigation. If it's still under investigation, how can they charge me?"

He was referring to an allegation that while in jail, Cruz paid money to an inmate about to be released to give a "blunt" (a cigar hollowed out and filled with marijuana) laced with fentanyl to a witness.

The potential witness tampering case could, on its own, be worth 25 years in prison.

Finnell had already explained in court that the investigation was paused when he learned Cruz was going to accept a plea offer but that it would be completed and Cruz would be charged if he rejected the plea offer.

"I think you should take it," the woman told Cruz.  "I'm just thinking of you."

Cruz was facing an indictment that includes first-degree murder and two counts of murder in the second-degree, arson, and petit larceny.  Pending charges include witness tampering and two possible counts of introducing prison contraband.  Cruz reportedly had a sharp object, or objects, in jail on one or more occasions.

The offer Cruz eventually accepted was a guilty plea to two counts of murder in the second degree, with a sentencing cap of 23 years to life on each count to run concurrently and a guilty plea intimidating a witness with any sentence on that conviction to run concurrently.  The plea would satisfy all other pending charges.

If the 18-year-old stays out of trouble in prison, he could be a free man in 15 years.

Cruz first appeared in court today just before noon and Judge Melissa Cianfrini thought she would be presiding over a hearing where Cruz would accept the plea offer only to learn that Cruz had yet to indicate to his attorney that he would accept the offer.

Cianfrini called for a recess of more than three hours to give Rarick and Cruz time to meet at the jail and go over the plea offer again.

When they returned to court, Rarick informed Finnell that Cruz was rejecting the deal, and then a smirking Cruz entered the court

When Cianfrini re-entered the courtroom, the hearing resumed, and she asked Cruz if he had made a decision.

Cruz said nothing for several seconds.

"I'm not going to accept it," he told Cianfrini.

After more conversation about sentencing parameters, there was a pause in the hearing, which is when Cruz and the woman had their conversation, with Cianfrini out of the room.

Cruz turned around, facing the front of the courtroom and whispered something to Rarick.  Rarick turned to Finnell and said, "He's going to take it."

Cruz turned to the woman and said, "I let him know I'm going to take it."

"Don't change your mind," she said.

"I think she's giving you wise advice," Rarick told Cruz.

When the hearing resumed, Cianfrini began the detailed recitation of the plea offer and what rights Cruz surrendered as part of the plea offer, including his right to a trial.

When it came to a discussion about Cruz giving up his right to certain appeals, such as challenging evidence that could be used to convict him, Cruz said he didn't understand, so Cianfrini allowed Cruz and Rarick to again discuss the case while she left the room.

From what could be heard of the conversation in the courtroom, it wasn't clear that Cruz -- who had told Cianfrini previously that he only had a ninth-grade education and had not completed his GED -- would not change his mind again but when Cianfrini resumed the hearing, he said he would agree to appeal waiver.

In the end, Cruz admitted intentionally participating in the murders of Elibander "Ivan" Morales and Marcelino Gomez Hernandez at 10216 Alexander Road, Alexander, on March 11.

Prince Wilson, of Albion, is also charged in the double homicide.

Cruz will be sentenced at 1:30 p.m., Dec. 13. 

CORRECTION: The length of the sentence was corrected to 23 years.

A 39-year-old Oakfield man is facing 46 felony charges related to sex crimes over a period of years in the Oakfield and Elba areas.

Ricardo Castillo, Jr., of Maple Avenue, is charged with 13 counts of rape 1st, 10 counts of rape 2nd, 13 counts of criminal sexual act 1st, and 10 counts of criminal sexual act 2nd.

Castillo is accused of raping at least one person under the age of 15.

The rapes allegedly took place between November 2019 and August 2021.

Investigators Howard Carlson and Kevin Forsyth handled the case.

Castillo was arraigned in Town of Oakfield Court and released under supervision of Genesee Justice.