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crime

July 29, 2020 - 4:59pm
posted by Billie Owens in crime, news, notify, Bethany, Stafford.

Catherine Klinkbell, 52, of Bethany Center Road, Bethany, is charged with confinement with extreme temperature of companion animal in vehicle. At 1:08 p.m. on July 27, the Genesee County Emergency Dispatch Center received a report of a canine inside a vehicle in the Walmart parking lot on Veterans Memorial Drive. The outside termperature was 84 degrees. Genesee County Animal Control was dispatched and reported that the canine was in distress and found that the temperature inside the vehicle was harmful to the canine. The canine was removed from the vehicle and transported to the Genesee County Animal Shelter. The registered owner of the vehicle, Klinkbell, was located and charged with one count of violating Section 353-D of the NYS Agriculture & Markets Law. If found guilty, the violation is punishable with a fine $50 to $100 for a first offense (and up to $250 maximum for subsequent offenses). She is due in Town of Batavia Court at 1 p.m. on Aug. 20. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Animal Control Officer Ann Marie Brade.

Heidi Nicole Pitcher, 27, of Parkedge Street, Rochester, is charged with reckless endangerment in the second degree and endangering the welfare of a child. At 7:19 a.m. July 28, the Genesee County Emergency Dispatch Center received a report of a domestic incident on Route 237 in the Town of Stafford. Following an investigation into the incident, it is alleged that Pitcher drove the vehicle recklessly, creating a substantial risk of serious physical injury to another person while in the presence of children. She was issued an appearance ticket and is due in Town of Stafford Court at a later date. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

July 29, 2020 - 12:16pm
posted by Howard B. Owens in crime, news, batavia, bergen, notify.

Once 24-year-old Guillermo Torres-Acevedo finishes serving more than 15 years in Federal Prison for transporting a teenage girl from Bergen across state lines, the Batavia man will spend an additional three years in state prison followed by 10 years on parole.

His attorney, Thomas Burns, asked Judge Charles Zambito to make Torres-Acevedo's sentence in state prison concurrent with his Federal term but Zambito decided the defendant shouldn't get that benefit while also denying the prosecution's request to lock Torres-Acevedo away for up to six years in state prison.

Torres-Acevedo entered a guilty plea in County Court in December to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

Earlier that month, Torres-Acevedo entered a guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

Torres-Acevedo was arrested in November 2018 following an Amber Alert for his victim. They were eventually located in a Walmart in Pennsylvania when authorities were able to locate the girl's phone at that location.

July 28, 2020 - 4:36pm
posted by Howard B. Owens in crime, batavia, news.

A retired emergency dispatcher entered a guilty plea today one count of possession of sexual performance by a child less than than 16 years old, a Class E felony.

Under terms of the plea deal, James E. Tripp, 58, of Batavia, will be sentenced at a later date to 90 days in jail and 10 years of probation. He was also required to forfeit devices seized by law enforcement during the investigation.

Tripp will also become a registered sex offender.

State Police arrested Tripp in January following a more-than-two-year investigation that included interviews and a search of his residence. Today's plea satisfies three counts of possession of sexual performance by a child.

During his career as a dispatcher -- he worked full-time for 22 years and part-time after 2016 -- Tripp was honored multiple times for his service, including named the state's top dispatcher in 2015. 

July 28, 2020 - 8:00am
posted by Howard B. Owens in crime, batavia, Michael Tomaszewski, news, video, notify.
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To this day, Zachariah and Danielle Young, of Darien Center, really don't know what happened to the remains of their stillborn daughter, Evangeline Elsie.

evacremationrecord.png

A photo of the document       Michael Tomaszewski reportedly produced showing
Zach Young authorized the 
cremation of his daughter.
Legally, we are told, a verbal
authorization is not permitted.

They have a box of ashes but the don't feel assured that the box contains the ashes of the little girl they still call Eva.

"The paperwork had the date that literally was a scribble on it," Zach said. "We have absolutely no answers as to when she was actually cremated."

The Youngs said they didn't want Eva cremated, at least not at the time the baby may have been cremated. And, as they remember, when Michael Tomaszewski Funeral and Cremation Chapel received the remains of the baby from Rochester Regional Hospital, he said he wouldn't do it.

As Zach remembers it, Tomaszewski, or "Tom," as they knew him, said "something doesn't look right" and so he agreed to hold onto the remains while the Youngs researched the circumstances of their daughter's death. 

The baby was born at UMMC. She had seemed healthy

just days before when doctors detected a strong heartbeat.

On Feb. 22, when Zach and Danielle arrived at the hospital,

the couple was told Eva's heart had stopped beating.

After hours of labor, Danielle gave birth to a lifeless body.

"It was devastating," Zach said.

"A mother knows their baby already before they're born," Danielle said. "A mother already has that bond. It's like having somebody rip that away and be careless with her remains is just insane. I don't understand it."

Genesee County Coronor Karen Lang confirmed that Eva was born Feb. 22 at UMMC and her body was sent to Rochester Regional for an autopsy. Eva's little body was then sent by courier to Tomaszewski. Tomaszewski has acknowledged receiving the body.

But what happened next is muddled by the funeral director's contradictory stories to the Youngs and to Lang.

On Thursday, the Sheriff's Office announced the arrest of Tomaszewski on about 200 charges. Most of the charges are related to allegations that he misappropriated fund families had prepaid for funeral services. He is also accused of failing to fulfill contracts to purchase headstones and gravesites.

What he hasn't been charged with yet -- and it's unclear if there will be charges -- is how he handled the remains of some deceased people. Chief Deputy Joseph Graff, Sheriff's Office, has confirmed, the department is looking into multiple reports of Tomaszewski mishandling the remains of people who died. The two cases Graff has confirmed involved a veteran who should have been interred at the Bath National Cemetary -- for free -- and the remains of Evangeline Elsie Young.

Lang said she became involved in the Young case after talking with the parents last November. At that point, she learned the Youngs still did not have the remains of Eva nor Eva's autopsy report. 

Both Tomaszewski and Rochester Regional Health were offered an opportunity to comment on this story. Neither responded with a comment.

Tomaszewski has provided both the Youngs and Lang with multiple stories about what happened with Eva's remains. He told the Youngs in June that he hadn't delivered the remains to the crematorium and then a short time later said she had been cremated.  

In November, he told Coroner Jeff McIntyre, who was assisting Lang with the case while she was on vacation, that he cremated Eva when he first received the remains; however, Tomaszewski couldn't produce documentation. He later told Lang he cremated the baby in June.

Most people don't understand, Lang said, that most funeral homes don't have the facilities to store the remains of deceased people for long periods of time.

When Lang asked Tomaszewski, who also operates a catering facility, what he did with Eva's body from February until June, Lang said Tomaszewski told her that he kept the body in a cooler in his prep room.

Tomaszewski eventually produced documentation on the cremation of Eva but neither of the Youngs signed it -- which Lang said is required by law.  Instead, the document says the Youngs gave permission over the phone for the cremation. 

Based on their conversation with county officials -- which includes an interview the Sheriff's Office -- the Youngs suspect the box of ashes they received is too light to contain the remains of a once nine-pound baby. So they feel in limbo. Their church -- High Point in Pembroke -- held a service  for Eva but they didn't have her ashes then and they don't know if what they have now are really her ashes.

They would just like answers.

"I think to make it up, he would have to really admit to his wrongs and not just for me, but for a lot of people," Danielle said. "Losing somebody as it is, is something traumatic to have to deal with. And for us to trust you with our dead loved one..."

"It would be nice to at least know what happened because we got three different stories from him," Zach interjected.

"We don't really have answers," Danielle said. "To be honest -- to be honest with anybody -- would be good. The trauma of losing our daughter was bad enough and then to have to worry about her remains -- that wasn't professional."

Previously:

July 25, 2020 - 5:47pm
posted by Howard B. Owens in Michael Tomaszewski, crime, batavia, news, notify.
tomaszewskimugjuly2020.jpg
     Michael Tomaszewski

It isn't just headstones Michael Tomaszewski is suspected of not delivering to cemeteries but bodies, too, including the remains of a stillborn baby.

Chief Deputy Joseph Graff, Sheriff's Office, said that investigators are looking into multiple incidences of mishandling remains at Tomaszewski's facilities on West Main Street Road, Batavia.

Graff wouldn't elaborate other than to confirm the investigation into the remains of a baby and a veteran.

The investigation into remains being stored at the Michael S. Tomaszewski Funeral Home & Cremation Chapel, and possibly at Tomaszewski's adjoining properties, began in January 2019.

That's when Genesee County Coroner Jeff McIntire received a call from the estranged stepdaughter of Peter Vandetta, a 20-year Army veteran, who died in April 2018.

Ronda Grabowski said she wasn't notified of Vandetta's death immediately, but became suspicious after reviewing his death certificate.

She contacted Coroner McIntire and asked him to find out where her stepfather's body was buried.

McIntire found the death certificate and discovered Vandetta's passing was one of his cases, so he tried contacting the Bath (NY) National Cemetary, where Vandetta was supposed to be interred, to find out if he was buried there. McIntyre said he made a few calls, each time being told there was no record of Peter Vandetta at the cemetery.

He followed up with Tomaszewski and McIntire said the funeral director assured him he had taken Vandetta's remains to Bath and he could provide him with the grave coordinates.

After being told by officials at Bath once again that Vandetta was not lain to rest at the national cemetery, McIntire asked Tomaszewski to provide him with the grave coordinates. But, when pressed, Tomaszewski couldn't do it, he said.

At that point, McIntire turned the investigation over to the Genesee County Sheriff's Office.

A short time later, McIntire received a call from an investigator and was told that the remains of an adult male at been located in the garage at the Tomaszewski funeral home.

McIntire ordered the remains delivered to the Monroe County Medical Examiner's office for positive identification. That ME's office did confirm the remains were Vandetta's.

Grabowski told 13WHAM, The Batavian's news partner, that she confronted Tomaszewski about the situation. She said he told her the cousin who was supposed to handle arrangements never contacted him with instructions on how to proceed.

After the ID was confirmed, a cousin apparently authorized the return of the remains of Vandetta to Tomaszewski, who published Vandetta's obituary on Aug. 6, 2019, with services to be held at the funeral home on Aug. 11. Vandetta is now interred at Bath National Cemetary.

Asked for his thoughts on the case, McIntire, himself a military veteran, said, "You know, I can’t even tell you what my thoughts are. I don’t even understand. I don't know. I hope the system works and we’re able to find out what happened and what went wrong."

Graff said there has been an active investigation into the Vandetta case since January 2019, and he also confirmed that the Sheriff's Office has been contacted about the possible inappropriate handling of other human remains. Graff declined to say how many complaints there might be but did confirm that one involves a stillborn baby.  

District Attorney Lawrence Friedman said he has been aware of the investigation but has not been handed a case yet by the Sheriff's Office so couldn't comment further on possible charges.

Chief deputy Graff also said he and other investigators were kept busy fielding calls from more possible victims of Tomaszewski.

On Thursday, the Sheriff's Office announced the arrest of the funeral director on about 200 charges involving the alleged misuse of prepaid funeral arrangement funds and Tomaszewski's possible failure to purchase headstones and gravesites as paid for and promised to clients.

It's alleged that in the initial set of charges, Tomaszewski may have misused about $525,000 in funeral funds he deposited.

Earlier this year, Tomaszewski and his company, Acme Holdings of N.Y. Inc., filed for Chapter 11 bankruptcy. He lists $1,094,346 in assets against $3,242,390 in liabilities.

If convicted, Tomaszewski will certainly be ordered to pay restitution to victims. Restitution cannot be discharged, like other debts, in bankruptcy court.

Previously: Local funeral director charged with stealing money from customers

July 25, 2020 - 1:35pm
posted by Billie Owens in batavia, scanner, news, crime.

A caller to dispatch says a male stole a microwave oven about an hour ago from a yard sale on Bogue Avenue in the city. Police are responding.

July 24, 2020 - 2:49pm
posted by Billie Owens in batavia, crime, Le Roy, news, notify.

Kevin J. Jackson Jr., 30, of Batavia (no address provided), is charged with: driving while ability impaired by drugs; driving while ability impaired by drugs -- combination; uninspected motor vehicle; criminal possession of a controlled substance in the seventh degree, criminal use of drug paraphernalia in the second degree; and criminal possession of a weapon in the fourth degree. At 2:21 a.m. on July 21, Wyoming County Sheriff's Deputy Bliss conducted a roadside stop for a traffic violation on Route 246 in the Town of Perry. A field sobriety test was conducted and Anzalone was arrested. He submitted to a Drug Influence Evaluation administered by a Drug Recognition Expert, who allegedly found the defendant impaired by multiple drug categories. Jackson was issued an appearance ticket and is due on Town of Perry Court at a later date.

Robert J. Anzalone, 34, of Le Roy (no address provided), is charged with: driving while ability impaired by drugs; driving while ability impaired by drugs -- combination; failure to keep right; and having inadequate plate lamps. At 12:17 a.m. July 19 on Silver Lake Road in the Town of Perry, Wyoming County Sheriff's Deputy Bliss conducted a roadside stop for a traffic violation. A field sobriety test was conducted and Anzalone was arrested. He submitted to a Drug Influence Evaluation administered by a Drug Recognition Expert, who allegedly found the defendant impaired by multiple drug categories. No further information provided about court.

July 23, 2020 - 3:23pm
posted by Howard B. Owens in crime, news, batavia.

k9searchmontclair2020.jpg

Batavia PD Assistant Chief Chris Camp walks on North Lyon Street with a K9 officer from Monroe County who was assisting Batavia PD this afternoon in a search in the area of Montclair Avenue and Vernon Avenue in an effort to find any items related to the shooting last night at Days Inn.

A shirt that may be connected to the incident was located in the backyard of a residence in the area.

Camp said the search effort is part of the ongoing investigation.

The suspect, Jacob Sponaugle, 21, of Montclair Avenue, is charged with attempted murder.  The victim, whose name has not been released, is in stable condition at Strong Memorial Hospital.

Batavia PD encourages anyone with any further information to contact the police department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

For more on the case, click here.

k9searchmontclair2020-2.jpg

k9searchmontclair2020-3.jpg

July 23, 2020 - 2:40pm
posted by Billie Owens in Le Roy, batavia, news, crime, notify.

Michael J. Hilton, 29, of Robbins Road, Le Roy, is charged with petit larceny. He was arrested after an investigation into an incident that occurred at 2:40 p.m. July 15 on Osterhout Avenue, Batavia. He allegedly stole a puppy from a resident. He was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on Oct. 20. The case was investigated by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Jamie L. Soto, 45, of West Main Street, Batavia, is charged with second-degree harassment. Soto was arrested at 6:50 p.m July 17 at an apartment on Liberty Street, Batavia. She is accused of pushing a family member. Soto was released with an appearance ticket for Oct. 21 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker.

Anthony L. Rice, 27, of Hutchins Street, Batavia, is charged with failure to appear in Batavia City Court. A warrant was issued for his arrest for failing to appear on traffic tickets on Nov. 15. Following his arrest, he was released with an appearance ticket to be in city court on Aug. 25. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Joshua Girvin.

July 23, 2020 - 1:35pm
posted by Howard B. Owens in crime, batavia, news, notify.
Video Sponsor
sponauglemug2020.jpg
    Jacob Sponaugle

 

A Montclair Avenue resident is in custody and charged with attempted murder following a shooting at about 9:30 p.m. last night outside the Days Inn in Batavia.

Jacob Sponaugle, 21, is also charged with assault, 1st, criminal use of a firearm, aggravated criminal possession of a weapon, 2nd, criminal possession of a weapon, 2nd, and criminal sale of a firearm, 3rd.

Police believe Sponaugle was at 200 Oak St., Batavia, to sell another individual a gun.

The victim of the shooting and Spongaugle are said to be acquaintances. 

The name of the victim is not being released by Batavia PD at this time.

After the victim was shot, he walked into the lobby of the Days Inn and a person there called 9-1-1. A police officer who was first on scene provided aid to the victim, who was awake and alert. A short time later, Mercy EMS arrived on scene and transported the victim to the Genesee County Airport. The victim was then flown by Mercy Flight to Strong Memorial Hospital.

Chief Shawn Heubusch said this afternoon that he is listed in stable condition. His injuries are not considered life-threatening. 

During the initial investigation, police officers determined the suspect had fled the scene in a four-door sedan with a female passenger. They searched the area with the assistance of a K-9 patrol.

Officers interviewed witnesses and obtain video surveillance footage.

"With the assistance of key witnesses and the community, the suspect, Jacob J. Sponaugle, was taken into custody at approximately 2:15 a.m. without incident outside of a residence on Montclair Avenue in the City," Batavia PD said in a release this afternoon.

Assisting Batavia in the incident were the Sheriff’s Office, City Fire, State Police, a DEC K-9 patrol, Mercy EMS, the Genesee County Local Drug Task Force, the 911 Emergency Dispatch Center, and the District Attorney’s Office

The investigation is ongoing and Batavia PD encourages anyone with any further information to contact the police department at (585) 345-6350, or the confidential tip line at (585) 345-6370.

July 22, 2020 - 9:40pm
posted by Billie Owens in crime, news, scanner, batavia, notify.
Video Sponsor

 

A person has been possibly shot in the chest at 200 Oak St., the Days Inn in Batavia. Mercy Flight out of Batavia is on a ground standby. Batavia police and Mercy medics are responding. The victim is reportedly in the lobby of the hotel.

UPDATE 9:40 p.m.: Mercy medics communicate they will transport the victim to the Mercy Flight hangar and the helicopter will transport from there.

UPDATE 9:48 p.m.: The victim is a 22-year-old male, shot in the left side of the chest with a 22-caliber firearm.

UPDATE 10:11 p.m.: The victim is being taken to Strong Memorial Hospital in Rochester, whether by ambulance or Mercy Flight is not clear.

UPDATE 10:36 pm.: City fire Engine #11 has arrived on scene; why is not clear. The person suspected of shooting the victim remains at large.

UPDATE 10:44 p.m.: Police believe the suspect is still in the vicinity. Lights in the hotel parking lots and the former Bob Evans Restaurant, have been shut off.

UPDATE 11:30 p.m. (by Howard): Chief Shawn Heubusch briefed the media. Police believe the victim and suspect know each other and that the shooting involved something between the two individuals. While the suspect is still at large, police have identified a person of interest and a related vehicle. Heubusch indicated investigators are confident enough in the information that they are not releasing further descriptive information. The victim was conscious and alert at the time of transport by Mercy Flight, from the airport to Strong Memorial Hospital. Heubusch said he was shot "in the area" of the Days Inn and walked into the lobby and a person there called 9-1-1. Heubusch said the investigators do not believe the suspect is a threat to the general public.

UPDATE 7:13 a.m.: Chief Heubusch reports the suspect is in custody as of 3:45 a.m. More information will be released later this morning.

July 22, 2020 - 3:28pm
posted by Billie Owens in news, crime, notify, indian falls, pembroke, bergen.

Sammy H. Esaleh, 18, of Bucyrus Drive, Amherst, is charged with trespass. He was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Haydar A. Esaleh, 18, of Glenden Place, Williamsville, is charged with trespass. Esaleh was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Rohin Ramin, 18, of Ayrault Drive, Amherst, is charged with trespass. Ramin was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Benjamin P. Rogemoser, 18, of Forbes Avenue, Tonawanda, was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

William J. Galliford, 60, of Reed Road, Bergen, is charged with: unauthorized use of a vehicle -- operating without owner's consent; resisting arrest; driving while intoxicated -- first offense. At 7:19 p.m. on July 20, Genesee County Sheriff's deputies were investigating a complaint of an unauthorized use of a motor vehicle. They located the vehicle on Reed Road in Bergen and Galliford was allegedly operating it while being toxicated. He allegedly fought with deputies. He was released with appearance tickets and is due in Bergen Town Court on Aug. 12. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Mathew Clor.

July 20, 2020 - 5:09pm
posted by Howard B. Owens in crime, news, alexander, notify.

A 40-year-old Alexander resident is facing federal charges for allegedly producing child pornography.

Christopher Brown is facing up to 15 years in prison.

According to Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, in April 2020, a law enforcement officer working online undercover discovered a sexually explicit video, which included a prepubescent female who appeared to be between 9 and 11 years old.

The IP address was traced to the defendant’s Dodgeson Road residence in Alexander. On July 17, a federal search warrant was executed at the residence. Investigators seized several items, including three cellular telephones and a computer. In addition, a DVD was recovered that contained explicit video of child pornography that he allegedly produced.

Investigators also reportedly recovered four firearms, including two rifles, two pistols and ammunition.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being detained.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

July 19, 2020 - 12:08pm
posted by Billie Owens in crime, news, scanner, batavia.

A female caller to dispatch reports she was punched by a male motorcyclist in the parking lot of BJ's Wholesale Club. The male took off, unknown direction of travel. She's waiting in a parking lot of a nearby business to talk to a State trooper.

July 17, 2020 - 1:42pm
posted by Billie Owens in crime, news, notify, pembroke, batavia, bergen.

Lyndsey Jean Wilcox, 36, of Washington Avenue, Batavia, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; unlicensed operator; failure to keep right; and moving from lane unsafely. Wilcox was arrested at 3:03 a.m. July 17 after a motor-vehicle accident on Clinton Street Road in Bergen. The defendant was released with appearance tickets for Sept. 2 in Bergen Town Court. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Ryan Young.

Athena M. Hanley, 33, Pratt Road, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. On July 16 at 4:45 p.m. on Main Road in the Town of Pembroke, Hanley was arrested after the investigation of a motor-vehicle accident. She was issued an appearance ticket and is due in Town of Pembroke Court on Aug. 12. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

July 16, 2020 - 3:10pm
posted by Billie Owens in batavia, crime, news, notify.

Danny D. Williams, 31, of Ellicott Street, Batavia, is charged with fourth-degree criminal mischief and endangering the welfare of a child. Williams was arrested after a domestic incident on Ellicott Street at 1:30 p.m. on July 6. It is alleged he destroyed a cell phone and was in a physical altercation with a minor. He was arraigned in Batavia City Court and is due back there on Aug. 27. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Marc Lawrence.

Donald J. McClary, 25, of Indiana Street, Rochester, is charged with: driving while intoxicated -- with a prior conviction; failure to stop from a driveway; unsafe turn; moving from lane unsafely; and unregistered motor vehicle. At about 1 p.m. on July 14, Batavia Police Officer Arick Perkins responded to 573 E. Main St. in Batavia for a report of a male slumped over the wheel in the McDonald's parking lot. After a subsequent traffic stop and investigation, McClary was released with traffic tickets and is due in Batavia City Court on Sept. 16. Perkins was assisted by Officer Joshua Girvin.

Shawn P. Thomas, 37, of Pine Ridge Road, Cheektowaga, is charged with criminal possession of a controlled substance in the seventh degree. Thomas was arrested on July 9, after he was allegedly found in possession of methamphetamine during a traffic stop on East Main Street in Batavia on May 7. He was issued an appearance ticket and is due in Batavia City Court on Oct. 6. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Kevin DeFelice.

July 14, 2020 - 6:31pm
posted by Billie Owens in news, crime, notify, batavia, pembroke.

Jennifer J. Hogan (inset photo left), 29, of Buell Street, Batavia, is charged with second-degree robbery. She was arrested and arraigned in Batavia City Court at 9:30 a.m. on July 7. This was due to an arrest warrant stemming from an incident that occurred at 6:20 p.m. on Oct. 2 on Hutchins Street in Batavia. She also had two additional bench warrants out of city court. She was arrainged then jailed on $15,000 cash, $40,000 bond, or $60,000 partially secured bond. She is due to return to court on July 18. Hogan is accused of removing money from a victim's pocket after her co-defendant, 54-year-old David Vega (inset photo right), of Rochester, had allegedly prevented the victim from leaving the residence by grabbing the victim's hand, which was injured in the incident. Vega is charged with second-degree robbery and after arraignment in city court, was jailed on $25,000 cash, $50,000 bond, or $100,000 partially secured bond. No information provided about Vega's court date. No weapons were displayed. The cases were investigated by Batavia City Police Officer Arick Perkins.

Matthew I. Diers, 36, of West Main Street, Batavia, is a convicted Level 2 sex offender charged with sex offender failure to report a change of internet identifiers within 10 days as required on the NYS Sex Offender Registry. He was previously been convicted of failing to notify authorities of a change of status within 10 days, thereby elevating this charge to a Class D felony. He is in jail without bail. The case was handled by Batavia City Police Officer Jason Ivison.

Laytefa A. Franklin, 31, Castle Place, Buffalo, is charged with endangering the welfare of an incompetent person and criminal obstruction of breathing. Franklin was arrested on July 2 and arraigned in Batavia City Court. It is alleged that at 9:15 a.m. on Jan. 4 on Bank Street in Batavia that Franklin intentionally obstructed the breathing of an incompetant person by intentionally blocking the victim's nose and mouth. Franklin was released under supervision of Genesee Justice. She is due back in court on Aug. 27. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Daniel W. Mosholder, 28, no permanent address, is charged with endangering the welfare of a child and second-degree stangulation. Mosholder was arrested after a domestic incident on North Spruce Street in Batavia at 6:45 a.m. June 28. He was arraigned in Batavia City Court and is due there again on Aug. 20. The case was handled by Batavia City Police Officer Adam Tucker, assisted by Officer Austin Hedges.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree harassment. Cook was arrested after a disturbance on Liberty Street at 8:30 p.m. on June 29 in which she allegedly struck a neighbor. Cook was released on an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Mark Anthony Constable Jr., 31, of Ganson Avenue, Batavia, is charged with: second-degree harassment -- physical contact; criminal mischief -- intentionally damaging property; and grand larceny in the fourth degree -- taking property from a person. Batavia police were dispatched to Ganson Avenue at 10:56 a.m. on June 30 for a physical domestic incident. After arraignment in Batavia City Court, Constable was released on his own recognizance. He is due back in city court on Aug. 20. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Adam Tucker.

Thomas Franklin Hofmeier, 19, of Alleghany Road, Pembroke, is charged with third-degree criminal mischief and fourth-degree criminal mischief. He was arrested on Main Road in Pembroke at 8:32 p.m. on July 11 after he allegedly used a car key to scratch the exterior of the victim's vehicle and broke the rear view mirror in the vehicle. He also allegedly took the victim's cell phone when the victim attempted to call 9-1-1 and threw the phone into a nearby ditch so the victim was unable to call for help. Hofmeier was put in Genesee County Jail and was arraigned July 12 in Genesee County Court. He was released and is due to appear before Judge Charles Zambito on Sept. 1. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Thomas J. Wolcott, 36, of Hutchins Street, Batavia, is charged with second-degree criminal contempt. Wolcott was arrested at 12:07 p.m. on July 7 on Main Street after an investigation into a violation of a court order. He was issued an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Stephen Cronmiller.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested after an investigation into a domestic incident at 9:35 p.m. on July 8 on Liberty Street. Cook allegedly violated an order of protection. Cook is due in Batavia City Court on Aug. 11. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Miah Stevens.

Andre Lamar Roberts, 27, of Burrows Street, Rochester, is charged with second-degree criminal contempt. At 12:30 a.m. on July 1, Roberts was found by BYS Troopers walking on Route 98 in the roadway. He was taken to Batavia Police Headquarters and arrested for allegedly violating an order of protection at a location on West Main Street in Batavia. He was arraigned in Batavia City Court and jailed on $4,000 cash bail or $8,000 bond or $15,000 partially secured bond. He is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Arick Perkins.

Robert B. Schultz, 61, of Ross street, Batavia, is charged with: driving while intoxicated -- with a BAC of .08 percent; DWI -- common law; and moving from lane unsafely. Schultz was arrested at 8:48 p.m. July 4 on Harvester Avenue in Batavia after a motor-vehicle accident on Harvester Avenue. He is due in Batavia City Court on Aug. 5. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Willie L. Williams, 33, of Laser Street, Rochester, is charged with: criminal possession of a controlled substance in the third degree; criminal possession of a controlled substance in the fourth degree; and criminally using drug paraphernalia in the second degree. At 11:18 a.m. on June 30, Williams was arrested after an investigation into a traffic stop that occurred earlier in the day on East Main Street, Batavia. After arraignment in Batavia City Court he was jailed without bail and is due back there on Aug. 13. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Stephen Cronmiller.

July 14, 2020 - 2:14am
posted by Howard B. Owens in crime, news, batavia.

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Police were in pursuit of a white Chevy Impala or similar vehicle with "SECURITY" on the side.

The car apparently pulled out of the Red Roof Inn with no lights. It fled toward BJ's Wholesale Club and around the building back on to Veterans Memorial Drive. It crashed in the area of Aspen Dental and headed back toward BJ's.

It then headed back toward the Thruway and was driving on Thruway property behind the Hershey's Ice Cream building where it stopped or became stuck.

There are at least three individuals in the vehicle.

UPDATE 2:54 a.m.: Police communication indicates the car was stolen out of Rochester. Mercy EMS responded to the scene for the evaluation of at least two individuals. Troopers at the scene were unable to speak to media and referred questions to the Public Information Officer during business hours. We were able to confirm that chase started when a trooper spotted the vehicle leaving the vicinity of Red Roof Inn without headlights and before the trooper attempted a traffic stop, the vehicle drove off the roadway on Park Road. That section of Park Road had a large amount of gravel on it and tire tracks were visible along the shoulder. Once the trooper tried to initiate a traffic stop, the driver fled. The spot where the car initially went off the road is also the same spot where the car exited Park Road in an apparent attempt to gain access to the Thruway. The sedan became stuck in a ditch next to the Thruway.

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July 10, 2020 - 2:41pm
posted by Billie Owens in crime, news, notify, batavia, alexander, Le Roy.

Jillian L. Hupp, 30, North Street, Le Roy, is charged with fourth-degree grand larceny and offering a false instrument for filing at 3 p.m. on Dec. 31. On July 9, after an investigation by the Genesee County Social Service investigator, Hupp was arrested on the charges. She was released with an appearance ticket returnable to Batavia Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Colby Le-Andrew Ellis, 31, of Albion, is charged with second-degree burglary, petit larceny, and first-degree criminal contempt. At 3:03 a.m. on July 8 in Alexander, Ellis was arrested on the charges after allegedly violating a full stay-away order of protection issued by City of Batavia Court. He was put in jail on $10,000 cash bail or $20,000 bond or $40,000 partially secured bond. He is due in Alexander Town Court on Aug. 18. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Nicholas Chamoun.

Roy Alvin Watson Jr., 31, Shepard Road, Batavia, is charged with criminal possession of a controlled substance, and criminal use of drug paraphernalia. Watson was arrested on July 6 on the charges. Prior to that, on June 16, he was arrested on an outstanding warrant out of Orleans County. During the execution of the arrest warrant, Watson was allegedly found in possession of cocaine and drug paraphernalia. He is due in Batavia City Court Aug. 4. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen. 

Kaleb James Bobzien, 22, of Lockport, is charged with second-degree criminal contempt. He allegedly made numerous phone calls to a protected party who lives on West Main Street in Batavia starting on Jan. 28. He was arrested July 6 and issued an appearance ticket to be in City of Batavia Court on July 14. The case was handled by Genesee County Sheriff's Investigator Joseph Loftus.

July 10, 2020 - 2:12pm
posted by Howard B. Owens in Shawn Heubusch, news, crime, batavia, history.

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While doing renovation work in his home, Batavia PD Chief Shawn Heubusch found under his old flooring layers old newspapers, all from 1927. 

The headlines help tell a story of at least one case that should be of interest to a lawman: The escape, escapades, and eventual capture of Floyd Wilcox.

Wilcox, of Oakfield, escaped from Genesee County Jail, presumably to avoid a possible sentence of life in prison after his fourth felony arrest, this time for grand larceny, under the recently enacted Baumes Law.

According to the articles, Wilcox (aka Floyd Gill), and an associate convinced a farmer to give them gas with a promise to pay once they were fueled up. When the duo drove back by the farm and didn't stop to pay, the farmer pulled out his pistol and started firing at the fleeing vehicle. The farmer jumped in his own truck and gave chase. A short time later, he found the abandoned vehicle with a flat tire from a bullet and spotted the two men running over a hill.

Later, Wilcox was a suspect in a safe-crack job in Hornell and a stealing a vehicle in Rochester. He was eventually apprehended by a Batavia PD officer on a street in the city. A subhead in the Batavia Daily News reads, "Did Not Try Very Hard to Keep Out of Reach of the Authorities."

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Chief Heubusch isn't the only person finding old newspapers in old homes these days. The 1942 edition of the Batavia Daily News was found by our contractor in a wall of our house, which is undergoing renovations following our fire in April.

One of the stories is about an Army officer accused of sedition for distributing "America First" literature. It turns out, the publication of this story by Associated Press was controversial because the Army released the information to a reporter on a stipulation that no newspapers in the nation run it with only a one-column headline. Many editors found this AP requirement an unethical bargain giving the government power to dictate the nature of coverage. You can read about it in this book on Google Books.

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