crime

A Pembroke grandmother portrayed by state officials as a leader of a significant drug ring that sold cocaine and pills in a three-county area, including Genesee County, entered guilty pleas to two felony counts in a Buffalo court today.

Geraldine Horsefall faces a possible seven year jail sentence after admitting to criminal possession of a controlled substance, 5th, and criminal possession of a controlled substance, 3rd.

Another person arrested as part of the months-long, multi-agency law enforcement investigation, Michelle King, entered a guilty plea to criminal sale of a controlled substance, 4th. She is facing a possible judicial diversion sentence.

Attorney General Eric Schneiderman announced the break up of the drug ring Jan. 28 in Buffalo.

Schneiderman said Horsefall's operation moved a significant amount of cocaine, which was transported by couriers from Florida to WNY in the soles of tennis shoes.

King was accused of providing pills from a doctor's office where she worked to the drug ring.

Joshua Lee Baltz, 37, of Tracy Avenue, Batavia, is charged with unlawful possession of marijuana. Baltz allegedly was found to be carrying marijuana while entering the City Court facility.

John Robert Gerhardt, 64, of Centerline Road, Varysburg, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Gerhardt was stopped at 6:32 p.m. Friday on River Street, Batavia, by Deputy James Diehl.

Lisa M. Durham, 42, of Thorpe Street, Batavia, is charged with misapplication of property and falsifying business records, 1st. Durham allegedly rented merchandise from Rent-A-Center and pawned it at Pawn King.

Steven Michael Meyers, 34, of East Bethany - Le Roy Road, Bethany, is charged with menacing, 2nd. Meyers allegedly displayed a firearm during a dispute with another person.

Jenae M. Macleod, 29, of Genesee Street, Corfu, was arrested on a bench warrant out of City Court. Macleod was located by deputies from the Erie County Sheriff's Office during an investigation of an incident and discovered to have an active warrant. She was turned over to the Genesee County Sheriff's Office, arraigned, and jailed on $500 bail.

Tracy A. Hilton Sr., 33, of Jackson Street, Batavia, is charged with harassment, 2nd. Hilton was allegedly involved in a domestic incident at 12:07 a.m. Saturday.

Tyler D. Macey, 18, of Grandview Terrace, Batavia, is charged with strangulation, 2nd, acting in a manor likely to be injurious to a child and assault, 3rd. Macey is accused of being involved in a domestic incident.

Joshua A. Laraby, 23, of Byron, is charged with unlawful possession of marijuana and a traffic violation. Laraby was stopped at 5:56 p.m. Friday by State Police.

Daniel J. Laudico, 20, of Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and speeding. Laudico was stopped at 1:02 a.m. Sunday on North Byron Road, Elba, by State Police.

Christine Crocker doesn't have a lot of patience for people who steal bottles of booze from her store.

She's posted the mug shots of shoplifters inside her store and yesterday she chased one down Main Street onto Jackson and confronted him.

Crocker owns YNGodess Shop in Batavia.

Yesterday, at about 2 p.m., a man came into the store and walked up to the counter with a bottle of whiskey he wanted to buy.

The man was obviously intoxicated, Crocker said, and so she told him she couldn't sell him the bottle.

"But I'm not driving," he said, according to Crocker.

"It doesn't matter. It's the law. I can't sell to you," Crocker told him.

The man said he was sorry and walked out.

"I was still concerned for other people in the city that he could be driving while he was loaded," Crocker said.

Crocker looked out her front door soon after he left. At that point, she said, she saw him pull a bottle of Jack Daniel's Honey from his pocket.

She chased him down and caught up with him on Jackson Street. He tried hiding the bottle behind his back, denying he had it, she said.

She told him she knew he had it and then he admitted he did and gave it back.

"Prepare to be arrested," Crocker told the man.

At that point, the man took off running.

Crocker returned to the store, called the police and officers responded immediately. 

Later today, Crocker said, she will be providing police with surveillance photos to help police identify the suspect.

Cale David Fryer, 19, of Chase Park, Batavia, is charged with petit larceny. Fryer is accused of stealing $24.79 in merchandise from Kmart.

Sharonda R. Brown, 40, of Lockwood Avenue, Buffalo, turned herself in on a warrant for alleged failure to appear on a parking ticket in the City of Batavia. Brown was reportedly issued a ticket on a 2 a.m. to 6 a.m. parking violation. She posted $100 bail and was released.

A trial date has been set for Craig Malcolm Lawson, the 34-year-old Canadian citizen accused of throwing a single punch following a Kid Rock concert at Darien Lake and seriously injuring a former WNY man.

Jury selection is set to begin at 10 a.m., June 23 for an anticipated four-day trial.

Lawson is accused of punching Jason McNeil, of Tuscaloosa, Ala. McNeil reportedly hit his head on the pavement. He was in a coma following the incident and sources say he will never fully recover.

He is charged with assault in the second degree.

It remains possible Lawson will accept a plea offer. He has until April 24 to decide, Judge Robert C. Noonan said.

Lawson did not appear in court today and the last time he appeared -- for an evidence hearing -- he was 45 minutes late.

Noonan asked his attorney today why Lawson had a hard time crossing the border that day and the attorney said INS agents would not initially let him cross because of the pending felony charge. The attorney said he will provide his client with a letter to present at the border before his April 24 appearance.

There will not be a second trial for convicted child molester Earl Sprague, who has already been sentenced following his first trial to 21 years in prison.

District Attorney Lawrence Friedman made a motion this morning, which was granted by County Court Judge Robert Noonan, to dismiss the remaining charges against Sprague.

The 42-year-old Sprague was facing a possible trial on eight felony counts, including two counts of burglary, 1st, sexual abuse, 1st, criminal sexual act, 1st, aggravated sexual abuse, 1st, two counts predatory sexual assault, a Class II-A felony, and one count of assault, 1st.

Friedman said he could not discuss the reason for the motion to drop the charges.

"We made a determination we couldn't really proceed with the remaining charges," Friedman said. "That's all I can really say."

The former Alabama resident was convicted by a jury on 28 counts of sexual abuse.

Two Batavia residents are accused of being drug dealers after Sheriff's investigator went to their house on an unrelated matter and allegedly spotted controlled substances in plain view inside their South Main Street residence.

A search warrant was secured and investigators claim they seized crack cocaine, heroin, marijuana, hydrocodone pills, clonazapam pills, detroamphetamine pills and a hydromorphone pill.

Arrested were Kevin J. O'Connell Jr., 33, and Samantha L. Hicks, 26.

The investigator went to their South Main Street residence to speak with a person who reported a burglary.

After spotting what he believed to be narcotics, the location was secured and the Local Drug Enforcement Task Force was called in along with uniformed deputies and K-9 Destro.

O'Connell and Hicks are both charged with criminal possession of a controlled substance, 3rd, a Class B felony that indicates investigators believe they had enough narcotics that they were selling the drugs.

O'Connell is also charged with criminal possession of a controlled substance, 4th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th.

Besides the three counts of criminal possession, 3rd, Hicks is charged with criminal possession of a controlled substance, 5th, and three counts of criminal possession of a controlled substance, 7th. She is also charged with criminal possession of marijuana, 4th.

O'Connell was jailed without bail and bail was set at $10,000 for Hicks.

Michelle D. Kantz, 43, of Edwards Street, Batavia, is charged with third-degree welfare fraud. Kantz was arrested following an investigation by Batavia PD. No further details released.

Zachary W. Burke, 21, of Alexander, is charged with leaving the scene of a property damage accident and unreasonable speed. Burke was arrested by State Police following an investigation ito an accident at the intersection of Maxon Road and Route 354, Bennington.

David V. Tubbe, 50, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Tubbe was stopped by State Police on Saturday on Route 20 in Darien. Tubbe allegedly had a BAC of .10.

Terry J. Toote, 36, of Lewis Place, Batavia, is charged with harassment, 2nd. Toote allegedly threatened physical harm to another person while in the presence of a police officer.

Joey Robert Tatro, 19, of Main Street, Attica, is charged with criminal mischief and harassment, 2nd. Tatro is accused of striking another person and damaging a vehicle during an incident reported at 5 a.m. Sunday on Clinton Street, Batavia.

The person in the surveillance photos to the right is wanted for questioning in connection with a robbery of a bank in Batavia today.

Batavia PD believes the woman is the suspect who robbed the Five Star branch at 567 E. Main St. at 2:11 p.m.

The perpetrator presented a note that claimed she had a gun and demanded money and left on foot with an undetermined amount of cash. She did not display a gun.

She is described as a female, mid-20s, 5'7" to 5'8" and slim build.

Tellers said the woman had a large, bright pink butterfly tattoo on the left side of her neck.

Tips and information can be provided to Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

John J. Astrologo, 20, of 107 State St., Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party at his residence on State Street in Batavia on Saturday. He was released on an appearance ticket and ordered to appear in Batavia City Court on March 11.

Evan W. Horton, 19, of State Street, Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party on Saturday. He was released on an appearance ticket and is set to return to Batavia City Court on March 4.

Lukas M. Baildon, 18, of Batavia-Stafford Townline Road, Batavia, was arrested on Saturday following an investigation into an underage drinking party and charged with unlawful possession of marijuana. He was issued an appearance ticket and released. He is due in Batavia City Court on March 11.

Brody A. Jorgenson, 19, of Batavia-Stafford Townline Road, Batavia, was arrested and charged with unlawful possession of alcohol following an investigation into an underage drinking party on State Street in Batavia on Saturday. He was issued an appearance ticket and is scheduled to appear in Batavia City Court on March 4.

Christopher Douglas Ball, 41, of Park Road, Batavia, is accused of 33 counts of criminal contempt. It is alleged that he violated an order of protection issued by Family Court on several occasions by sending 30 text messages, having two phone conversations, and by having personal contact with the protected person. Following his arraignment on Thursday, he was jailed on $5,000 cash bail or $10,000 bond. He is set to reappear in Town of Oakfield Court on March 3.

Christian Gerand Santana, 32, of Kally Street, Rochester, was arrested Friday and charged with petit larceny for allegedly stealing merchandise valued at $129.99. He is also charged with possession of burglar tools for allegedly using a cutting instrument to aid in the theft, as well as second-degree harassment for allegedly pushing loss prevention personnel when they attempted to detain him. Following his arraignment in Town of Batavia Court, he was jailed on $500 cash bail or $1,000 bond. He is set to reappear in town court on March 3.

Courtney A. Gaebler, 36, of Soccio Street, Batavia, was arrested and charged with driving while intoxicated and failing to maintain lane after crashing her car into a utility pole on Liberty Street on Wednesday, causing significant damage to the pole and car. She will be arraigned in City Court on March 11.

Sharon Jean Chase, 55, of Route 19, Le Roy, was arrested last Monday and charged with third-degree grand larceny for allegedly stealing several items from the apartment of an acquaintance. She is scheduled to appear in Le Roy Town Court on March 20.

Michael E. Mistler, 48, of East Main Street, Batavia, turned himself into Batavia Police after a bench warrant was issued for failing to answer a traffic summons. He posted bail and is scheduled to return to City Court on Tuesday.

Jake Ross Simmons Jr., 27, of North Hill Parkway in Atlanta, Ga., was arrested on Friday for aggravated unlicensed operation in the second degree following a traffic stop. It is alleged that he was driving while his privileges are suspended. He was also cited for failure to keep right.

These are the latest indictments issued by the Genesee County Grand Jury.

Nathan W. Larson is indicted on four counts. The first is the crime of first-degree attemped rape, a Class B felony, for actions which allegedly occurred on Aug. 3 in the Town of Le Roy. He is accused of attempting to engage in sexual intercourse with another person by forcible compulsion. In count two, he is accused of first-degree sexual abuse, A Class D felony, for allegedly subjecting another person to sexual contact by forcible complusion. In count three, he is also accused of first-degree sexual abuse for allegedly subjecting another person to sexual contact when the person was incapable of consent by reason of being physically helpless. In count four, he is accused of first-degree criminal sexual act, a Class B felony, for allegedly engaging in oral sexual conduct or anal sexual conduct with another person who was incapable of consent by reason of being physically helpless.

Steven E. Palmer is indicated for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 1998 Acura on Route 5 in the Town of Le Roy on Nov. 8 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for allegedly having a BAC of .18 or more.

Stephen J. Holdaway is indicted for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 2004 Ford pickup on Route 33 in the Town of Batavia on Aug. 21 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for having allegedly having a BAC of .18 or more.

A robbery is reported at the Five Star Bank, 567 E. Main St., in Batavia. The suspect handed the teller a note and fled on foot with an undisclosed amount of cash. No weapon was displayed. The suspect is described as female, 26 years old, white, 5'7", wearing black sweatpants, a gray sweatshirt, with a train-conductor-type hat. She has a butterfly tattoo on her neck and had on black gloves. She may have gotten into a gray Honda Civic. Unknown direction of travel. Multiple law enforcement units on scene. A canine will be deployed shortly.

A fight involving about 12 subjects was reported at Batavia's Original Pizzeria at 500 E. Main St. A caller to dispatch said a baseball bat was involved and one person was struck in the head. The group subsequently left and went to Harvester Avenue. Multiple city police units are on scene and Mercy medics are staging in the area.

UPDATE 1:08 p.m.: So far no victim has been found, although now police are going to check inside the restaurant.

UPDATE 1:10 p.m.: No word on a dozen subjects; police are having I.D. checks done for four people at the scene.

UPDATE 1:12 p.m.: A victim with a laceration to the head was found inside the restaurant and medics are given the go-ahead to enter and treat the person.

UPDATE 1:24 p.m.: At least two people will be taken into custody.

UPDATE 1:34 p.m.: The victim declined transport to the hospital. Police are taking subjects to police headquarters to speak with them further.

Some of the evidence used against a former Bergen woman in her trial for fraud a year ago shouldn't have been submitted to the jury, so the woman should get a new trial, an appeals court has ruled.

Michele Ann Case, 47, of 1037 Chili Center-Coldwater Road, Rochester, was found guilty by the jury on criminal counts for allegedly bilking her employer out of more than $14,000 in fraudulent mileage and reimbursement claims.

Case was a home care nurse.

In prosecuting the case, the District Attorney's Office used as evidence summaries of financial and accounting documents as evidence.

According to the justices of the Appellate Division, Fourth Judicial Department, Case's attorney, Public Defender Gary Horton, did not challenge the admissibility of the documents.

The documents were not admissible, the court ruled, because the defense was not given a chance to review the data used to create the summaries.

The lack of review denied Case her right to a fair trial, the court ruled.

District Attorney Lawrence Friedman said the prosecution is "back to square one" -- at the same point the case was at before Case went to trial, but unless there is a plea deal, Friedman indicated he intends to proceed with the case.

"It's not like this decision indicates in anyway that we can't prove our case," Friedman said. "It's a question as to the admissibility and accuracy of the records that were used. It's certainly something that's curable for a retrial.

"This is not anything in my mind that weakens our case," Friedman added. "It's a matter of going back and reviewing the records and eventually redoing summaries that were used for the jury."

Shawn Powers, 48, of Wyoming County, is charged with failing to register a change of address. Powers, a registered Level 2 sex offender, was arrested by Le Roy PD for alleged failure to register a change of address as required by state law for registered sex offenders. He was previously a resident of the Village of Le Roy. Powers has a prior conviction for the same offense, making the new charge a Class D felony. He was jailed on $10,000 cash bail or $20,000 bond.

Richard Thomas Elliott, 82, of West Park Street, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and operating with driver's view obstructed. Elliott was stopped at 1:54 a.m., Wednesday, on Cato Street, Pavilion, by Deputy Joseph Corona.

Andrew J. Paladino, 34, of Shelter Street, Rochester, was arrested on Family Court warrant for alleged support violation. Paladino turned himself in on the warrant. He paid $200 toward his support obligation and was released pending his next court appearance.

Two Batavia women accused of mistreating their dogs were in City Court today, but both of their cases were rescheduled to a later date.

City Court Judge Michael Del Plato has a conflict of interest on one case. He was also filling in for Judge Robert Balbick, who is already presiding over an unrelated case for one of the defendants, so that case was delayed as well.

Lauren K. Pellegrino, 32, of West Main Street, Batavia, is charged with abandonment of animal and failure to provide sustenance for an animal. Officers allegedly found a malnourished dog in her residence.

Nina Kelso, 29, of Hutchins Street, Batavia, is charged with torturing or injuring an animal/failure to provide sustenance and owning/harboring an unlicensed dog.

Del Plato has a conflict of interest in Pellegrino's case.

Balbick is already handling an unrelated case on Kelso. She's charged with unlawful possession of marijuana.

Assistant District Attorney Robert Zickl indicated he is seeking compensation from both defendants for the care and feeding of their dogs while they're in foster care.

Kelso and Pellegrino will next appear in court Feb. 27.

In County Court today, Dustin Locicero got exactly what he asked for: the maximum sentence Judge Robert C. Noonan could possibly hand down.

That is three-and-a-half to seven years on Locicero's plea bargain in which Locicero admitted to forgery 2nd.

The 29-year-old Bergen resident was arrested in January and accused of stealing jewelry, collectable coins and personal checks from a home in South Byron and of stealing personal checks from homes in Bergen and Rochester.

Locicero allegedly cashed the checks at banks in Batavia, Elba and Le Roy. The coins and jewelry were valued at $7,000 and Locicero allegedly sold these items at different unknown locations.

He was charged with seven counts of criminal possession of a forged instrument, 2nd, grand larceny, 3rd, and criminal contempt, 2nd.

At the time of his arrest he had pending charges for identity theft.

The plea satisfied all of Locicero's charges.

District Attorney Lawrenece Friedman said he asked for the maximum sentence under the plea agreement, and public defender Jerry Ader asked for the minimum sentence, two to four years.

When Locicero was given a chance to address the court, Friedman said, the defendant told Noonan he might as well give him the maximum sentence because he will die in prison anyway.

Amir Alivy Barulich, 34, of Pearl Street, Tampa, Fla., is accused of failure to pay fine imposed by the court. Barulich allegedly did not appear as ordered in Genesee County Court on April 28, 2011. He was arrested on a warrant by New Rochelle PD and turned over to the Sheriff's Office.

Joseph T. Burr, 20, of Oak Orchard Road, Elba, is charged with DWI and driving with a BAC of .08 or greater. Burr was stopped at 3:41 a.m., Sunday, on Washington Avenue, Batavia, by Sgt. Thad Mart, following a report of a suspicious condition in the parking lot of St. Paul Lutheran Church.

Timothy G. Taggart, 23, of Brigham Road, Fredonia, is charged with DWI and driving with a BAC of .08 or greater. Taggart was arrested following an investigation into an suspicious vehicle parked at Bank of America on Main Street, Batavia, at 2:27 a.m. Friday by Officer Stephen Cronmiller.

Kyle D. Clark, 23, of Hyde Park, Batavia, is charged with harassment, 2nd. Clark was arrested on a bench warrant on a harassment, 2nd, charge stemming from an incident in which he allegedly held a woman down and slapped her several times.

Bishop Edward Williams, 20, of Lake Street, Le Roy, is charged with petit larceny. Williams is accused of shoplifting from Walmart on Friday. He was located Saturday by Le Roy PD at a location on Bacon Street.

Juan Michael Chavez, 27, of Gaslite Lane, Batavia, is charged with unlawful possession of marijuana, speeding and driving wihtout a proper license. Chavez was stopped at 9:19 p.m. Friday on Clinton Street Road by Deputy Joseph Corona.

Edward Dexter McDonald III, 24, of South Street, Le Roy, is charged with DWI, speed not reasonable or prudent, moving from lane unsafely and refusal to submit to breath test. McDonald was arrested by Sgt. Michael Hare after his vehicle was allegedly found buried in the snow along East Main Street, Le Roy. McDonald allegedly failed to negotiate a turn onto South Street at 1:18 a.m. Saturday. McDonald was jailed on $1,000 bail.

Justice has been swift for Edward Wood III.

When he robbed the Sunoco gas station on West Main Street on Jan. 21, police had him in custody three minutes after being dispatched to the scene.

Today, less than a month after the robbery, the 21-year-old Batavia resident who used an Airsoft gun in the commission of his crime, admitted his guilt before Judge Robert C. Noonan.

Wood entered a guilty plea to attempted robbery, 2nd, a slightly reduced charge from the original count of robbery in the second degree, menacing, 2nd, and criminal mischief, 4th. The plea also satisfies two pending, unrelated misdemeanor charges.

While the plea still exposes Wood up to a potential seven years in prison, the reduced charge -- since he has no prior felony conviction -- also leaves open the possibility of a probationary sentence.

Sentencing will be March 12.

He remains jailed on $25,000 cash bail or $50,000 bond.

Michele L. Difalco, 25, of West Main Street, Batavia, is charged with possession of a hypodermic instrument. Batavia PD assisted NYS Parole at the residence of Difalco. Difalco was allegedly found in possession of a hypodermic instrument.

Dustin M. Fleming, 26, of Telephone Road, Le Roy, is charged with unlawful possession of marijuana. Fleming was arrested after Batavia PD officers responded to Denny's Restaurant to investigate a complaint of an intoxicated person at that location. Fleming was found allegedly in possession of a small amount of marijuana and a glass pipe.

John Thomas Harley, 35, of Rich Place, Lacawana, is charged with operating with a suspended registration and aggravated unlicensed operation, 2nd. Harley was arrested on a warrant upon his release from the Erie County Jail. Following arraignment in Darien Town Court, he was jailed on $500 bail or $1,000 bond.